Md. Code Regs. 26.14.01.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.14.01.01 - Applicability

A. The Hazardous Substance Response Plan is promulgated pursuant to and shall be read in conjunction with the Environment Article, Annotated Code of Maryland, and the Code of Maryland Regulations (COMAR).

B. The Hazardous Substance Response Plan does not create a right to State response or enforcement action for any private party, nor does the Hazardous Substance Response Plan create any duty of the State to take any response action at any particular time. State actions in implementing the Hazardous Substance Response Plan are discretionary governmental functions. The Department need not follow or implement any provisions of this Hazardous Substance Response Plan if funds are not appropriated or otherwise are not available.

C. The Hazardous Substance Response Plan may be used as guidance concerning methods and criteria for response actions by other parties under other funding mechanisms.

D. The Hazardous Substance Response plan does not establish any preconditions to enforcement action by the State to compel response actions by potentially responsible persons.

E. The Hazardous Substance Response Plan is not intended to create any rights to contested case hearings.

Md. Code Regs. 26.14.01.01