On October 23, 2009, the MDE proposed new controlled hazardous substance notification regulations (View PDF). The proposed regulations would require responsible persons that possess evidence of a release of controlled hazardous substances (CHS) into the environment above certain regulatory levels to notify the MDE. These regulations would require a Responsible Person to submit notification within 48 hours of discovering a release. In addition, the proposed regulations would require a Responsible Person to notify MDE if he or she possesses evidence of a release that occurred (i.e. an old report). The MDE estimates that the proposed regulations would become effective by January 31, 2010. The statute will not be in effect until the regulations are finalized.
Background: In 2008, the Maryland General Assembly passed a law instructing the Maryland Department of the Environment (MDE) to develop regulations requiring "Responsible Persons" to disclose environmental sampling results to the State. The purpose of the law is to identify the locations of potential hazardous substance sites in the State and ensure that appropriate safeguards are in place and adequate cleanup is conducted to protect public health and the environment when historical contamination is discovered.
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