Liability of subdivision for damages

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    (a)    Except as provided under subsection (b) of this section, a subdivision may not be held liable for any damages to any party that have arisen from the selection or certification of any site or facility under this subtitle or from the regulation, operation, or control of any site or facility certified under this subtitle.

    (b)    The provisions of subsection (a) of this section shall not apply to any liability imposed on a subdivision:

        (1)    For any damage if the subdivision, itself, operated the facility; or

        (2)    For any damage that resulted from the failure of the political subdivision: (i) to carry out properly any responsibility assigned to it under the law for conducting inspections; or (ii) to report in a timely manner to the appropriate authorities the results of any inspection that it conducts.


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