2017 Maryland Code
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
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

  • (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.
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