3540

EXECUTIVE ORDERS

existing receiving body of water, the technical feasibility
and economic reasonableness of measuring or reducing the
particular type of water pollution, and any other standard
as expressed in the intent and purpose of this title. The
generality of this grant of authority shall only be limited
by the specifications of particular classes of regulations
elsewhere in this subtitle. Any regulation may (i) prescribe
different provisions as required by circumstances for
different pollutant sources and for different geographical
areas and (ii) apply to sources located outside this State
which cause, contribute to, or threaten environmental damage
in Maryland and (iii) make special provisions for alert and
abatement standards and procedures respecting occurrences or
emergencies of pollution or on other short-term conditions
constituting an acute danger to health or to the
environment.

(d)  Regulation of transfer and storage of oil and
other unctuous substances. — The Department OF HEALTH AND
MENTAL HYGIENE shall prescribe by rule or regulation
approved methods, facilities, standards, and devices for
transfer, storage, separating, removing, treating, or
disposing of oil and other unctuous substances to prevent
pollution of waters of the State. A person may not engage in
any commercial or industrial operation involving these
activities unless he has obtained a permit from the
Department OF HEALTH AND MENTAL HYGIENE, indicating that the
activities are in conformity with the prescribed rules and
regulations.

(e)  Investigation of damage to aquatic resources;
responsibility for cleanup; suit against persons liable for
damage to aquatic resources. — Whenever there occurs in the
waters of the State any condition indicative of damage to
aquatic resources, including, but not limited to, mortality
of fish and other aquatic life, the Department OF NATURAL
RESOURCES shall investigate the incident, determine the
nature and extent of the damage, and establish the cause and
source of the occurrence. The Department OF NATURAL
RESOURCES shall act on these findings and require repair of
any damage done and restoration of water resources to a
degree necessary to protect the best interest of the people
of the State. Any person who is determined to be responsible
for the discharge or spillage of any such substance shall be
personally and/or severally responsible to immediately clean
up and abate the effects of the spillage and restore the
natural resources of the State. If the Department OF NATURAL
RESOURCES believes instituting suit is advisable, it shall
turn over to the Attorney General all pertinent information
and data. The Attorney General then shall file suit against
the person causing the condition. The person shall be
jointly and severally liable for the reasonable cost of
rehabilitation and restoration of the resources damaged and
the cost of eliminating the condition causing the damage,