(a) (1) If the Department approves a person’s status as an inculpable person under this subtitle, the person’s status as an inculpable person continues upon acquiring an interest in the eligible property.
(2) If the person meets the requirements of § 7-506(a)(1)(i), (ii), and (iii) of this subtitle, the Department shall approve or disapprove the person’s status as an inculpable person within 5 business days of receiving:
(i) A written request from the person for an expedited determination of the person’s status as an inculpable person; and
(ii) A fee of $2,000.
(3) Notwithstanding paragraph (1) of this subsection, the Department’s approval of a person’s status as an inculpable person expires if the application, including any applicable fees, required under this subtitle is not filed within 6 months after the approval of a person’s status as an inculpable person.
(b) Except as provided in subsection (c) of this section, an inculpable person is not liable for existing contamination at the eligible property.
(c) An inculpable person shall be liable for:
(1) New contamination that the person causes or contributes to at the eligible property; and
(2) Exacerbation of existing contamination at the eligible property.
Structure Maryland Statutes
Title 7 - Hazardous Materials and Hazardous Substances
Subtitle 5 - Voluntary Cleanup Program
Section 7-502 - Authority of Department
Section 7-503 - Voluntary Cleanup Program
Section 7-504 - Voluntary Cleanup Fund
Section 7-505 - Liability of Inculpable Person
Section 7-506 - Application Requirements
Section 7-507 - Request for Determination of Brownfields Revitalization Incentive Eligibility
Section 7-508 - Requirements of Response Action Plan
Section 7-509 - Public Participation
Section 7-510 - Standards for Approval of Response Action Plan
Section 7-511 - Decision on Response Action Plan and Response Action Plan Letter
Section 7-512 - Withdrawal Provisions; Failure to Comply With Schedule
Section 7-513 - Issuance of Certificate of Completion