(a) Unless the Secretary determines that a removal and remedial action will be done properly and in a timely manner by the owner or operator of a site where used tires are stored or disposed of, if used tires are stored or disposed of at a site in a manner that may present a threat to the public health or environment, the Secretary may:
(1) Act to remove or arrange for the removal of the used tires and provide for remedial action necessary to restore any natural resources; or
(2) Take any other response measure that the Secretary considers necessary to protect the public health or welfare or the environment.
(b) Nothing in this section shall prohibit the Secretary from abating a nuisance under the provisions of Title 10 of this article, regardless of the volume of used tires stored.
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