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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2917 September Term, 1999

HOMES OIL COMPANY, INC.

v. MARYLAND DEPARTMENT OF THE ENVIRONMENT

Hollander, * Thieme, Adkins, JJ.

Opinion by Thieme, J.

Filed: November 30, 2000

* Thieme, J., participated in the hearing and conference of this case while an active member of this Court; he participated in the

adoption of this opinion as a retired, specially assigned member of this Court.

Appellant Homes Oil Company, Inc., appeals from the decision of the Circuit in Court of for Montgomery County granting summary of the of

judgment

favor

appellee, pertaining

Maryland to

Department

Environment

("MDE"),

appellant's

petition

appeal of MDE's administrative decision. following question for review, which we

Appellant presents the have re-phrased and

consolidated for clarity: Did the trial court err in granting appellee's Motion for Summary Judgment regarding appellant's petition of appeal of MDE's administrative decision? We answer "no" to this question and explain. Facts Appellant owned and operated gas stations in Maryland, and was cited by appellee for oil contamination at two of its gas stations one in Upper Marlboro and one in Hyattsville.

Appellant was ordered to remedy these environmental concerns and implemented plans to do so. After successfully cleaning up the

sites, appellant received notices of compliance from MDE for both sites. In 1995, appellant applied to appellee for

reimbursement of costs associated with the removal and off-site treatment of contaminated soil at these sites, pursuant to the Maryland Oil Contaminated Site Environmental Cleanup Fund The

("Fund") of Title 4, subtitle 7 of the Environment Article.

Fund was created by the General Assembly in 1993 and amended in 1996. The parties agree that the 1996 amendment does not

directly affect this case, as this action is based on events occurring prior to 1996. relevant portions of Title Following is a reproduction of the 4, subtitle 7 of the Environment

Article, as it read prior to the 1996 amendment:

Download Homes Oil v. Dept. of Environment.pdf

Maryland Law