1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Administrative law judge” has the meaning stated under COMAR 28.02.01.02B(1).
   2. (2) “Civil penalty” means a statutorily authorized monetary penalty imposed for a violation of a statute or regulation.
   3. (3) “Department” means the Department of State Police.

   4. (4) Facility.

      1. (a) “Facility” means a location in the State in which a hazardous material is stored, dispensed, used, or handled.

      2. (b) “Facility” does not include:

         1. (i) A railroad, rail train, or rail car regulated under 49 U.S.C. Subtitle IV, Part A; or
         2. (ii) A retail distributor whose principal business is to sell or offer for sale, at the retail level, commercial fertilizer intended for agricultural use.
   5. (5) “Hearing” means a contested case hearing, as defined by the Administrative Procedure Act, State Government Article, §§10-201—10-227, Annotated Code of Maryland.
   6. (6) “Person” means a person who owns, operates, maintains, or causes to operate or maintain a facility in this State.
   7. (7) “Referring Agency” means the Department of the Environment.
   8. (8) “Secretary” means the Secretary of the Department of State Police.
   9. (9) “State” means the State of Maryland.

Authority: Environment Article, §§7-701—7-709, Annotated Code of Maryland

Effective date: March 3, 2014 (41:4 Md. R. 306)