§ 9-275. Application of Fund

   (a) For fiscal year 2010 and each fiscal year thereafter, up to 50% of the revenues received by the State Used Tire Cleanup and Recycling Fund may be used for administrative expenses of the Department.

(b) In general. -- Subject to the appropriation process in the annual operating budget and subject to subsection (a) of this section, the Department shall use the remainder of the State Used Tire Cleanup and Recycling Fund solely:

   (1) For removal, restoration, emergency, or remedial action, including the restoration of natural resources where feasible, site maintenance and monitoring, and fire cessation, if requested by a local government, not to exceed $ 100,000 for each fire cessation emergency action in that jurisdiction, in response to the disposal or storage of scrap tires in violation of this subtitle, including:

      (i) All costs incurred by the State in inspecting and monitoring any site where scrap tires are processed, stored, or disposed of in violation of this subtitle and assessing the threat to the public health and the environment of the site, the costs of investigations conducted for the purpose of defining necessary remedial action, and the costs of litigation expenses incurred in obtaining reimbursement for expenditures; and

      (ii) All costs incurred in providing public information concerning a site where scrap tires are processed, stored, or disposed of;

   (2) For activities related to scrap tire recycling programs, including research, planning, monitoring, public education, and market development, and for associated administrative costs; and

   (3) With the approval of the Board of Public Works, to provide financial assistance:

      (i) Through the service for projects approved by the Department to reduce, recover, and recycle scrap tires; and

      (ii) To the service for costs related to the implementation of scrap tire recycling systems, including the costs of:

         1. Preparation of a scrap tire recycling system under § 9-228(e) of this subtitle;

         2. Implementation of any program established by the service as a part of a scrap tire recycling system; and

         3. Assisting in funding the establishment of a private or public scrap tire collection, processing, or recycling facility.

(c) Anual status report. -- Subject to § 2-1246 of the State Government Article, the Department shall provide the standing committees of the Maryland General Assembly with primary jurisdiction over this section with a status report on the Fund on or before November 1 of each year. The report shall include an accounting of all moneys expended for each of the purposes specified in subsection (a) of this section.

HISTORY: 1989, ch. 667; 1991, ch. 640; 1992, ch. 22, § 1; 1997, ch. 627, § 1; ch. 635, § 9; ch. 636, § 9; 2000, ch. 235, § 3; 2009, ch. 487, § 1.