About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.



Statute Text

ati359614.tmp
Article - Environment
§4–705.  
(a)   The owner or operator of an underground oil storage tank eligible under § 4–704(b)(1)(ii) of this subtitle may apply to the Fund for reimbursement, until December 31, 2007, for usual, customary, and reasonable costs incurred on or after October 1, 2000 in performing site rehabilitation.
(b)   Until June 30, 2017, the owner of a heating oil tank eligible under § 4–704(b)(1)(iii) of this subtitle may apply to the Fund for reimbursement no later than 6 months after the completion of rehabilitation for usual, customary, and reasonable costs incurred on or after October 1, 2000 in performing site rehabilitation.
(c)    (1)   Any reimbursement from the Fund for applications approved on or after July 1, 1996 is subject to:
(i)   For owners or operators of six tanks or fewer, a deductible of $7,500;
(ii)   For owners or operators of more than 6 but not more than 15 tanks, a deductible of $10,000;
(iii)   For owners or operators of more than 15 but not more than 30 tanks, a deductible of $15,000;
(iv)   For owners or operators of more than 30 tanks, a deductible of $20,000; and
(v)   For residential owners of heating oil tanks, a deductible of $500; and
(2)   The maximum amount to be reimbursed from the Fund shall be:
(i)   $125,000 for underground oil storage tanks per occurrence; and
(ii)   $20,000 for heating oil tanks per occurrence.
(d)   To be eligible for reimbursement from the Fund, an owner or operator shall:
(1)   Certify that the discharge is not the result of a willful or deliberate act;
(2)   Submit a corrective action plan, schedule, and cost estimate to the Department that shall include provisions for the environmentally sound treatment or disposal of contaminated soils that meet all federal and State requirements and standards; and
(3)   Except for heating oil tanks, certify that the discharge is from a tank registered under § 4–411.1 of this title.
(e)   If the owner or operator knowingly submits a false certification under subsection (d) of this section, that owner or operator is not eligible for reimbursement under this subtitle.
(f)   Only expenses that are cost–effective, reasonable, and consistent with a corrective action plan approved by the Department may be eligible for reimbursement from the Fund.
(g)   The cost for replacement or retrofitting of underground oil storage tanks or heating oil tanks and associated piping is not eligible for reimbursement, and the Department may not incur these costs or expend moneys from the Fund for these purposes.