Statutes > Maryland Statutes > COURTS AND JUDICIAL PROCEEDINGS > TITLE 3 - COURTS OF GENERAL JURISDICTION - JURISDICTION/SPECIAL CAUSES OF ACTION > Subtitle 12 - Reimbursement for Costs of Emergency Response, Containment, Cleanup, and Abatement - Paid Fire Companies and Rescue Squads > Section 3-1203 - Negotiations and actions for reimbursement.

Section 3-1203 - Negotiations and actions for reimbursement.

§ 3-1203. Negotiations and actions for reimbursement.
  

(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 paid fire department 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 paid fire department 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 paid fire department 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 paid fire department may file suit against the person in control in a court of competent jurisdiction in the State. 
 

[1988, chs. 762, 763; 1993, ch. 591.]