Maryland Code § CJ-3-1101

Section CJ-3-1101
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(a) In this subtitle the following words have the meanings indicated.
(b) (1) "Expense of an emergency response, containment, cleanup, and
abatement" means the reasonable costs associated with the repair or replacement of
personal protective equipment:
(i) Owned by:
1. A volunteer fire company; or
2. An authorized volunteer individual who participates
in an emergency response, containment, cleanup, and abatement by a volunteer fire
company; and
(ii) Damaged through proper use during an emergency
response, containment, cleanup, and abatement of a release of hazardous materials
resulting from a traffic accident involving a motor vehicle operated by a motor carrier
that is transporting hazardous materials or from a release or threatened release of
hazardous materials at a fixed facility.

(2) "Expense of an emergency response, containment, cleanup, and
abatement" includes the costs of replacing the chemicals that are used or damaged
during an emergency response, containment, cleanup, and abatement.
(c) (1) "Fixed facility" means any installation, structure, or premises,
above ground or underground, in which hazardous materials are stored with a
capacity to store more than 1,000 pounds of hazardous materials.
(2) "Fixed facility" does not include a farm or any building or
structure associated with a farm.
(d) (1) "Hazardous materials" means a substance or material in a
quantity or form that the United States Secretary of Transportation designates may
pose an unreasonable risk to health and safety of individuals or to property when
transported in commerce.
(2) "Hazardous materials" includes any grouping or classification of
materials, that the United States Secretary of Transportation designates as a
hazardous material, including:
(i) Explosives;
(ii) Radioactive materials;
(iii) Etiologic agents;
(iv) Flammable liquids or solids;
(v) Combustible liquids or solids;
(vi) Poisons;
(vii) Oxidizing or corrosive materials; and
(viii) Compressed gases.
(e) "Highway" has the same meaning as provided in § 11-127 of the
Transportation Article.
(f) "Motor carrier" means a common carrier by motor vehicle, contract
carrier by motor vehicle, and private carrier by motor vehicle that carries a hazardous
material in commerce.

(g) "Person in control", with respect to a release or threatened release of
hazardous materials at a fixed facility, means:
(1) The owner of the hazardous materials; and
(2) The owner or operator of the fixed facility involved in the release
or threatened release of hazardous materials at the time of or immediately before the
release or threatened release.
(h) "Volunteer fire company" includes a volunteer fire company, a volunteer
hazardous material response team, a volunteer rescue squad, a volunteer ambulance
squad, or any other volunteer organization designated by a local jurisdiction as a
responder to a release or threatened release of hazardous materials.

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