[HISTORY: Adopted by the Harford County Council
by Bill No. 81-15;[1] amended in its entirety by Bill No. 90-83. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Environmental control — See Ch. 109.
This article shall hereafter be referred to
as the "Harford County Hazardous Materials Article."
A.
The purposes of this article are:
(1)
To establish effective programs and to provide additional
and cumulative remedies to prevent, abate and control pollutants or
combinations of pollutants, toxic materials or hazardous substances
and waste.
[Amended by Bill No. 08-55]
(2)
To protect the citizens, property and employees of
Harford County from the health hazards and other risks resulting from
releases or incident to the use, storage, distribution, possession
or transportation of hazardous substances.
B.
This article is enacted pursuant to the enabling powers
conferred by the Annotated Code of Maryland, Article 25A, § 5(A),
(B), (J) and (T); § 14-109 of the Public Safety Article;
and the Environment Article of the Code. This article is not intended
to supersede state responsibility and authority in the subject matters
covered by this article.
[Amended by Bill No. 08-55]
For the purposes of this article, the following
definitions shall be used:
The Superfund Amendments and Reauthorization Act of 1986,
42 U.S.C. § 1102 et seq., all amendments thereto and all
federal regulations promulgated pursuant to the act.
An unanticipated natural disaster or other natural phenomenon
of exceptional, inevitable and irresistible character, the effects
of which could not have been prevented or avoided by the exercise
of due care.
The Manager of the Division of Emergency Operations or the
Manager's duly authorized designee. In the event of a vacancy in the
position of the Manager of the Division of Emergency Operations, the
Director of Administration or the Director's duly appointed designee
shall constitute the authority.
[Amended by Bill No. 08-55]
Maryland Annotated Code.
Harford County, Maryland.
Division of Emergency Operations.
The Director of Administration for Harford County, Maryland
as set forth in § 312 of the Harford County Charter, as amended.
[Added by Bill No. 08-55]
Any land surface or subsurface stratas, any water surface
including navigable waters, waters of the contiguous zone, ocean waters,
ground waters, drinking water supply and any other surface water and
ambient air within the jurisdiction having authority.
[Added by Bill No. 08-55]
Any buildings, structures, accessory structures, installation,
equipment, pipe or pipeline (including any pipe into a sewer or publicly
owned treatment works), well, pit, lagoon, impoundment, ditch, landfill,
storage container and other stationary items which are located on
a single site or a contiguous or adjacent site which are owned, occupied
or operated by the same person or entity and which manufacture, produce,
use, import, export, store, supply or distribute any hazardous substance.
[Amended by Bill No. 08-55]
A team of individuals who are organized and trained for the
primary purpose of providing emergency services, including removal
and remedial actions, in response to the release of a hazardous substance.
[Amended by Bill No. 08-55]
Any substance or material designated by any of the following
or as amended, and regulations enacted pursuant thereto of any of
the following:
Any gas, oil, motor vehicle fuel or petroleum products, as defined
by Maryland Annotated Code, Environment Article § 4-401.
Any radiological or nuclear substance, any mixture or solution
of radionuclide or low level nuclear waste as defined by 40 CFR Part
302, Table 302.4, Appendix B.
“Hazardous substance” does not include fly ash,
bottom ash, slag, animal waste, human waste, and other by-products
generated from the combustion of fossil fuels.
The Harford County Division of Emergency Operations.
[Amended by Bill No. 08-55]
An individual, corporation, firm, association, partnership,
joint venture, commercial entity, public utility, trust, estate, public
or private institution, group, agency, political subdivision and any
legal successor, representative or agency of the foregoing.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping or disposing into
the environment of a hazardous substance, including but not limited
to the abandonment or discarding of barrels, containers and other
receptacles containing a hazardous substance. "Release" does not include
a discharge permitted by state or federal law.
The assessment of suspected hazardous substances
or the mitigation of released hazardous substances from a facility
or the environment;
[Amended by Bill No. 08-55]
Such actions as may be necessary to monitor,
assess and evaluate the release of hazardous substances; or
The disposal of removed materials.
Those actions taken to prevent or minimize the release of
hazardous substances, or suspected release of hazardous substances,
including but not limited to storage, confinement, neutralization,
cleanup of hazardous substances or associated contaminated materials,
recycling, destruction, perimeter protection, segregation of reactive
wastes, repair or replacement of damaged or leaking containers, collection
of leachate and runoff, on-site treatment or incineration, provision
of alternate water supplies and any monitoring reasonably required
to assure that such actions taken protect the public health and welfare
and of the environment.
[Amended by Bill No. 08-55]
Includes the following:
Disposable materials and supplies acquired,
consumed and expended specifically for the purpose of the response
to the hazardous substance release or suspected hazardous substance
release.
[Amended by Bill No. 08-55]
Rental or leasing of equipment used specifically
for the response; for example, protective equipment or clothing and
scientific and technical equipment.
Replacement costs for equipment that is contaminated
beyond reuse or repair during the response, including, by way of illustration
and not limitation, self-contained breathing apparatus, protective
equipment or clothing and scientific and technical equipment irretrievably
contaminated during the response.
A surcharge related to the depletion of the
useful life of any equipment, materials or supplies with a limited
useful life span.
Decontamination of equipment contaminated during
the response.
Total compensation associated with the response,
including but not limited to benefits (FICA, insurance), of County
employees or members of the hazardous materials response team who
are not Harford County permanent employees, to include regular and
overtime pay, at the rate set for members of the hazardous materials
response team, for permanent full-time and other than full-time employees
or members, and any contractor, subcontractor or agent.
[Amended by Bill No. 08-55]
Special technical services specifically required
for the response; for example, costs associated with the time, equipment
and efforts of technical experts or specialists.
Any tests to determine the physical, chemical
or biological properties of the released items and monitoring the
site and adjoining areas.
Other special services, including but not limited
to utilities specifically required for the response, as determined
by the Authority.
Costs associated with the services, including
housing and cost of care, supplies and equipment used to conduct an
evacuation during the response.
Administrative costs, including but not limited
to attorneys' fees and court costs.
Any person who:
Is the owner or operator of a vehicle, vessel,
facility or any other undefined site, or any person who would have
been the owner immediately prior to the abandonment of a vehicle,
vessel, facility or any other undefined site.
[Amended by Bill No. 08-55]
At the time of the release of any controlled
hazardous substance, was the owner or operator of the vehicle, vessel,
facility or any other undefined site at which the hazardous substance
was released.
[Amended by Bill No. 08-55]
By contract, agreement or otherwise arranged
for disposal or treatment or arranged with a transporter for transport
for disposal or treatment of a hazardous substance owned or possessed
by such person or by any other party or entity at any site owned or
operated by another party or entity and containing such hazardous
substances.
Accepts or accepted any hazardous substance
for transport to a disposal or treatment facility or any sites selected
by the person.
"Responsible person" does not include a holder
of a mortgage or deed of trust who acquires title through foreclosure
to a site containing a hazardous substance as the result of a release.
The movement of a hazardous substance by any mode, including
pipeline, and, in the case of a hazardous substance which has been
accepted for transportation by a common carrier or contract carrier,
the term "transport" shall include any stoppage in transit which is
temporary and incidental to the transportation movement; such stoppage
shall be considered as a continuity of the movement and shall not
constitute storage of the substance.
Any truck, railroad car, water vessel, airplane or other
transportation vehicle used to ship, carry or transport a hazardous
substance.
[Added by Bill No. 08-55]
A.
No person shall discharge or allow the escape or introduction of
any hazardous substance onto any publicly or privately owned property
or waterway or the environment within the County unless such discharge
is permitted under federal or state laws and regulations, or regulations
of this article or any regulations promulgated pursuant to this article.
A discharge or escape includes but is not limited to an occurrence:
(1)
Due to a lack of maintenance on any storage container or vehicle
in which the hazardous substance is stored or contained.
(2)
That is a result of the lack of proper training and procedures associated
with the storage, containment, use or transport of a hazardous substance.
(3)
Due to the hazardous substance not being stored, contained, transported
or deposited in compliance with federal, state or County laws or regulations.
(4)
That is the result of a person who failed to take action recommended
by a federal, state or County agency with regard to storage, containment,
transport or deposit of any hazardous substance.
(5)
That is the result of a criminal act.
A.
Notwithstanding any other provision or rule of law, regardless of whether intentionally or negligently allowed and subject only to the defenses set forth in Subsection B of this section, a responsible person, as defined herein, shall pay to the county all costs of response action incurred by the HCDEO, all costs of response action incurred by a volunteer fire and ambulance company, and all costs of response action incurred by a volunteer ambulance company:
[Amended by Bill No. 92-20; Bill No. 08-55]
(1)
Amount. In an action to recover response costs, the
County may include operational, administrative, personnel, payroll
and legal costs incurred from its initial response action up to the
time that it recovers its costs. The amount attributable to administrative
and legal costs shall be 15% of the amount paid for the response action
or the actual costs, whichever is greater.
(2)
The authority shall promulgate rules and regulations
which set forth the rates to be charged for response costs under this
section.
B.
Presumptions. There shall be a presumption that any
person who owns and/or has a present possessory interest in any private
property on which any discharge or escape of a hazardous substance
or suspected hazardous substance occurs has permitted or allowed the
discharge or escape.
[Amended by Bill No. 08-55]
D.
Waivers.
(1)
Upon written application, the Director of Administration, at the
Director's sole discretion, may waive all or any portion of the
charges assessed under this section if the release was reported immediately
upon discovery to the proper federal, state, and local authorities,
and any of the following:
[Amended by Bill No. 08-55]
(a)
Occurred because of circumstances that could not reasonably
have been foreseen by the responsible person; or
(b)
Was not similar to any release involving the same responsible
person and similar circumstances that occurred during the previous
180 calendar days; or
(c)
Occurred on land used for agricultural operations already regulated
by federal, state, or local laws.
(2)
An application filed under this subsection shall include
supporting evidence for the requested waiver.
A.
Facility or transportation accident or incident. Except as provided in Subsection D of this section, the owner or operator of a facility that manufactures, produces, uses, imports, exports, stores, supplies or distributes any hazardous substance and the owner or operator of a vehicle that ships, transports or carries any hazardous substance or extremely hazardous substance to, within, through or across this County shall immediately report the release or discharge of the hazardous substance.
[Amended by Bill No. 08-55]
B.
Contents. Initial notification shall be made by the
owner or operator of a facility by calling the 24-hour response telephone
number (911 or such other number as is designated by the authority)
of the HCDEO. The notification shall include each of the following
to the extent known at the time of the notice and so long as no delay
in responding to the emergency results:
[Amended by Bill No. 08-55]
(1)
The name and telephone number of the person making
the notification.
(2)
The time, location and duration of the release.
(3)
The medium into which the release occurred.
(4)
The name of the person employed by the owner or operator
of the facility or vehicle who has the authority or responsibility
to supervise, conduct or perform any cleanup activities required at
the release site or to contract for the performance of any cleanup
activities at the release site.
(5)
The chemical name or identity of any substance involved
in the release.
(6)
An indication of whether the substance is an extremely
hazardous substance or other hazardous material or appears on the
federal or County list of hazardous substances as periodically amended.
(7)
An estimate of the quantity of the substance that
was released into the environment.
(8)
Any known or anticipated acute or chronic health risks
associated with the emergency and, where appropriate, advice regarding
medical attention necessary for exposed individuals.
(9)
Proper precautions to take as a result of the release,
including evacuation, unless the information is readily available
to the community emergency coordinator under an emergency plan, and
any other relevant information which may be requested.
(10)
The name and telephone number of the person to be
contacted for further information.
(11)
Additional information required by federal or state
or County regulations.
C.
Written report. Within 14 calendar days after a release which required a notification under this section, the responsible person shall provide a written follow-up emergency notice or notices, if more information becomes available, to the HCDEO setting forth and updating the information required under Subsection B and including the additional following information with respect to:
[Amended by Bill No. 08-55]
(1)
Actions taken to respond to and contain the release.
(2)
Any known or anticipated acute or chronic health risks
associated with the release.
(3)
Advice regarding medical attention necessary for exposed
individuals, where appropriate.
(4)
Actions to be taken to mitigate potential future incidents.
(5)
Actions taken in accordance with the requirements
of the HCDEO.
D.
Exception. The provisions of this section shall not
apply to a release of a hazardous substance if the release of such
substance is exempted, excluded or permitted by federal or state statute,
law, rule or regulation.
[Amended by Bill No. 08-55]
A.
Entry. A hazardous materials response team may:
B.
Monitoring/inspection. In order to determine compliance
with this article and this chapter, the HCDEO may send representatives
to a facility or vehicle site, during normal business hours, to inspect
the facility or vehicle and to request information or reports from
the facility or vehicle owner or operator concerning the chemical
name, identity, amount or any other information necessary for the
emergency planning and response purposes for any substance, liquid,
mixture, compound, material or product manufactured, produced, used,
stored, supplied, imported, exported or distributed at, to or from
the facility or vehicle.
C.
Testing. Should a representative of the HCDEO determine
during the course of a facility or vehicle inspection that the chemical
name, identity, amount or any other requested information for any
substance, liquid, mixture, compound, material or product present
at the facility or vehicle cannot be identified or determined to representative's
satisfaction due to the lack of proper labeling, placarding, recordkeeping
or for any other reason, the representative shall have the authority
to take a sample or specimen of the substance, liquid, mixture, compound,
material or product, in those amounts deemed necessary, in order to
have the sample or specimen tested and analyzed either at the time
of the inspection or subsequent to the inspection at a County or private
laboratory. The purpose of the test or analysis shall be to identify
the chemical properties of the sample or specimen or to determine
the amount of the substance, liquid, mixture, compound, material or
product manufactured, produced, used, stored, supplied, imported,
exported or distributed at, to or from the facility or vehicle. The
owner or operator of the facility or vehicle shall pay any testing
and laboratory analysis costs incurred by the HCDEO if the material
tested is found to be a hazardous substance.
D.
Emergency situations. Should a release or suspected
release of a known or unknown substance, liquid, mixture, compound,
material or product occur at a facility or vehicle site, which endangers
or has the potential to endanger the health, safety and welfare of
the public, employees of the facility, the vehicle's owner or operator
or employees of the owner or operator of the vehicle or the environment
or personal property of another, the HCDEO may send representatives
to the facility or vehicle site at any time in order to inspect the
facility or vehicle and to assess the danger posed by the release
and to obtain samples and specimens of the substance, liquid, mixture,
compound, material or product involved and to perform any other emergency
response activities deemed necessary by the HCDEO.
[Amended by Bill No. 08-55]
The senior fire company official on the scene
will be the incident commander. The senior fire company official may
transfer control of the scene to the HCDEO upon express agreement
of both parties.
A.
Issuance. The authority may issue a NOV if:
[Amended by Bill No. 08-55]
B.
Contents. A NOV issued under this section shall:
A.
In general. After or concurrently with service of
a complaint under this article, the authority may:
(1)
Issue an order that requires the person to whom the
order is directed to take corrective action within a time set forth
in the order.
(2)
Send a written notice that requires the person to
whom the notice is directed to file a written report about an alleged
violation.
(3)
Send a written notice that requires the person to
whom the notice is directed:
B.
Effective date of order. Any order issued under this
chapter is effective immediately according to its terms upon service.
A.
Manner of service. Any complaint, order, notice or
other instrument issued by the authority pursuant to this article
may be served on the person to whom it is directed:
B.
Certificate of service. If service is made by certified
mail, return receipt requested, bearing a postmark from the United
States Postal Service, the person who mails the document shall file
with the authority verified proof of mailing.
A.
Hearing on order. Within 10 days after being served
with an order, the person served may request a hearing by writing
to the Director of Administration.
[Amended by Bill No. 08-55]
[Amended by Bill No. 08-55]
A.
Unless the person served with an order makes a timely request for a hearing pursuant to § 146-12, the order becomes a final order within 10 days after service.
B.
If a person who has been issued an order under this article makes a timely request for a hearing, i.e., requests a hearing within 10 days after service in accordance with § 146-11, the order becomes a final corrective order when the Director of Administration renders his decision following the hearing.
A.
In general. The County may bring an action for an
injunction against any person who violates any provision of this article
or any rules, regulations, order or permit adopted or issued under
this article.
B.
Director of Administration's findings. In any action
for an injunction under this section, any finding of the Director
of Administration after a hearing is prima facie evidence of each
fact the Director of Administration determines.
[Amended by Bill No. 08-55]
C.
Grounds. On a showing that any person is violating
this section or any rule, regulation, order or permit adopted or issued
by the County, the court shall grant an injunction without requiring
a showing of a lack of an adequate remedy at law.
D.
Emergency. If an emergency arises due to imminent
danger to the public health or welfare or imminent danger to the environment,
the County may sue for an immediate injunction to stop any pollution
or other activity that is causing the danger.
[Amended by Bill No. 08-55]
A.
No hazardous materials response team member, member
of an industrial hazardous materials response team, law enforcement
officer, ambulance service or rescue squad member, fire fighter or
other emergency response personnel engaged in any emergency service
or response activities involving a hazardous substance release at
a facility or transportation accident site shall be liable for the
death of or any injury to persons or loss or damage to property resulting
from that hazardous substance release, except for any acts or omissions
which constitute willful misconduct.
B.
Other. No employee, representative or agent of a County
agency or local agency engaged in any emergency service or response
activities involving a hazardous substance release at a facility or
transportation accident site shall be liable for the death of or any
injury to persons or loss or damage to property resulting from that
hazardous substance release, except for any acts or omissions which
constitute willful misconduct.
[Amended by Bill No. 00-60]
A.
The authority may charge any person who discharges
or intentionally permits or allows the discharge or escape of hazardous
substances with a civil fine of up to $1,000 per day. Each day during
which a discharge continues or remains uncontained or is not cleaned
up or recaptured shall constitute a separate offense and each offense
shall be charged separately.
[Amended by Bill No. 08-55]
B.
Any person who fails to comply with the requirements of § 146-6, Emergency notification requirements, may be subject to a civil fine of up to $1,000 per offense.
[Amended by Bill No. 08-55]
C.
These civil penalties shall constitute separate offenses,
in addition to any other civil or criminal penalties, fines or offenses
provided for pursuant to this article.
A.
Violating ordinances, rules, regulations, orders or
permits.
(1)
A person who violates any provision or fails to perform
any duty imposed by this article or who violates any provision or
fails to perform any duty imposed by any rule, regulation, order or
permit adopted or issued under this article is guilty of a misdemeanor
and, on conviction, is subject to a fine not to exceed $1,000 per
day per violation or imprisonment not to exceed 90 days, or both.
Each day a violation occurs is a separate violation. Each section,
subsection, rule, regulation, order or permit condition which is violated
constitutes a separate violation.
[Amended by Bill No. 08-55]
(2)
In addition to any criminal penalties imposed on a
person convicted under this section, the person may be enjoined from
continuing the violation(s).
B.
False statements in required documents. A person is
guilty of a misdemeanor and, on conviction, is subject to a fine not
exceeding $1,000 per day per violation or imprisonment not to exceed
90 days, per violation, or both, if the person:
[Amended by Bill No. 08-55]
(1)
Knowingly makes any false statement, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained under this article or
any rule, regulation, order or permit adopted or issued under this
article.
(2)
Falsifies, tampers with or knowingly renders inaccurate
any monitoring device or procedure required to be maintained under
this article or any rule, regulation, order or permit adopted or issued
under this article.
A.
Rules and regulations. Pursuant to Section 807 of
the Harford County Charter, the HCDEO shall have the authority to
promulgate such rules and regulations as are necessary for implementation
of this article and compliance with the act.
[Amended by Bill No. 08-55]
B.
Severability. If any provision, paragraph, word, section
or subsection of this article is invalidated by any court of competent
jurisdiction, the remaining provisions, paragraphs, words, sections
and subsections shall not be affected and shall continue in full force
and effect.
C.
Conflict. All other ordinances or parts of other ordinances
or local laws inconsistent with any part of this article are hereby
repealed to the extent of such inconsistency or conflict.
D.
In any response action, the authority may not duplicate
any response action taken under the act or the Code.
[Amended by Bill No. 08-55]
Any person who transports high-level nuclear
waste into, within, through or out of Harford County by any road or
highway shall notify the HCDEO of such activity. Notification shall
be made in writing or by telephone to the HCDEO prior to shipment.
Notification to the HCDEO shall include the following information:
A.
Manifest number.
B.
Name of shipper.
C.
Name of carrier.
D.
Type and quantity of radioactive material.
E.
Date and time of shipment.
F.
Starting point, scheduled route and destination.
G.
The number of tractor and trailer.
H.
The name of any individual that may be contacted on
a 24-hour basis in case of an emergency.
For the purpose of this article, the following
terms shall have the meanings indicated:
Will have any of the following definitions:
[Amended by Bill No. 08-55]
Irradiated nuclear reactor fuel.
Liquid waste from operation of the first cycle
solvent extraction system and the concentrated waste from subsequent
extraction cycles or their equivalent in a facility for reprocessing
irradiated reactor fuel.
Solvents into which such wastes have been converted.
Exempted from the provisions of this chapter
are any radioactive materials shipped by or for the United States
government for military or national security purposes which are related
to the national defense and any high-level nuclear waste that is transported
interstate on I-95.
[Amended by Bill No. 08-55]
The HCDEO shall keep a separate and continuous
log of each notification. The log shall include the information that
shall be supplied by any person who transports high-level nuclear
waste into, within, through or out of Harford County. The public may
have access to the log during normal operating hours and may, upon
payment of the appropriate fee, obtain a copy of the pages of the
log.
[Amended by Bill No. 08-55]
Any person who fails to notify the HCDEO of
such shipment may be subject to enforcement action under state or
federal law.
