§ 33-7-104. RELEASE OF PETROLEUM PRODUCT; CLEANUP COSTS.

(a)

Release prohibited. A person may not release, cast, throw, discharge, or cause to flow from a storage system or other containers onto the ground surface or into surface waters or groundwaters of the county any petroleum products or hazardous substance that could become a nuisance or a menace to public health or contribute to the degradation of the air and water resources of the county.

(b)

Application of petroleum products on roadways. A person may not apply petroleum products to roadways and other surfaces for dust control or any other purpose except as authorized by the Department and state authority.

(c)

Abatement order. The Director may order the abatement of a nuisance, menace, or degradation created in violation of this section.

(d)

Cleanup - Use of state fund. If the person responsible for the release is not available to provide for cleanup, state funds, as identified in the Maryland oil disaster containment, cleanup and contingency fund, shall be used when available.

(e)

Same - Use of private contractor.

(1)

When state funds are not available for cleanup, the Department may enlist the services of a private cleanup contractor.

(2)

(i)

The cost of cleanup under this subsection shall be a lien on the property owned by a person responsible for a violation of this section.

(ii)

The Department may also seek reimbursement by action of law or administrative procedure from the owner of the property for all expenses incurred in the control, containment, and removal for proper disposal or processing of the petroleum product or hazardous substance and contaminated materials and the restoration of affected land and water resources.

(1988 Code, § 14-301) (Bill No. 156, 1989, § 4, 12-11-1989; Bill No. 94-02, § 2, 7-1-2004)