§ 7-510. Standards for approval of response action plan

   (a) In general. -- The Department shall approve a response action plan if the Department determines that the response action plan protects public health and the environment.

(b) Assessment of criteria selected. -- In making a determination as to whether the criteria selected by the participant and remedial actions in a proposed response action plan protect public health and the environment, the Department shall consider whether the eligible property is:

   (1) Located in an industrial area and used for industrial purposes;

   (2) Located in a residential area and used for industrial purposes; or

   (3) Located in a residential area and used for residential purposes or other purposes that require unlimited public access.

(c) Failure to adopt final regulations. -- The failure of the Department to adopt final regulations under this subtitle may not prevent the Department from approving a response action plan on an individual plan basis.

HISTORY: 1997, chs. 1, 2.