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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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COURTS AND JUDICIAL PROCEEDINGS |
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TITLE 3. COURTS OF GENERAL JURISDICTION -- JURISDICTION/SPECIAL CAUSES OF ACTION |
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SUBTITLE 11. REIMBURSEMENT FOR COSTS OF EMERGENCY RESPONSE, CONTAINMENT, CLEANUP, AND ABATEMENT -- VOLUNTEER FIRE COMPANIES, RESCUE SQUADS, OR AMBULANCE COMPANIES |
§ 3-1103. Negotiations and actions for reimbursement
Latest version.
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(a) Negotiations. --
(1) A motor carrier that is at fault and causes a traffic accident that results in a spill or discharge of hazardous materials shall negotiate in good faith to reimburse a volunteer fire company for the expense of an emergency response, containment, cleanup, and abatement involving the hazardous materials in the traffic accident.
(2) A person in control of a fixed facility who is at fault and who is involved in a release or threatened release of hazardous materials shall negotiate in good faith to reimburse a volunteer fire company for the expense of an emergency response, containment, cleanup, and abatement involving the hazardous materials in the release or threatened release.
(b) Actions for reimbursement. --
(1) If the negotiations under subsection (a)(1) of this section do not resolve the dispute to the satisfaction of the parties, a volunteer fire company may file suit against the motor carrier in a court of competent jurisdiction in the State.
(2) If the negotiations under subsection (a)(2) of this section do not resolve the dispute to the satisfaction of the parties, a volunteer fire company may file suit against the person in control in a court of competent jurisdiction in the State.
(c) Suit by local jurisdiction. -- At the request of a volunteer fire company, a local jurisdiction may file suit under this subtitle on behalf of the volunteer fire company.
(d) Attorney's fees. -- If a volunteer fire company is awarded damages under this subtitle, the court may also award reasonable attorney's fees.