Section 7-505 - Liability of inculpable person. - Maryland Statutes

§ 7-505. Liability of inculpable person.
 

(a)  Status as inculpable person.-  

(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)  Liability - In general.- Except as provided in subsection (c) of this section, an inculpable person is not liable for existing contamination at the eligible property. 

(c)  Liability - Exceptions.- 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. 
 

[1997, chs. 1, 2; 2004, chs. 72, 73.]