WILLIAM DONALD SCHAEFER, Governor Ch. 306

discharge or spillage, to the extent of damage caused to the
natural and recreational resources of the State, and to the
extent of any otherwise uncollectible fine levied against the
vessel, its owner or agent, its charterer, or the owner or
operator of the terminal at which the vessel discharges or
receives the bulk oil. The remedies provided in this section are
in addition to every other remedy available. Bond may not be
released without certification by the Maryland Port
Administration or the Department of [Natural Resources] THE
ENVIRONMENT that the vessel has not been a source of oil
discharge or spillage into the waters of the State. If a vessel
presents adequate evidence of financial responsibility to the
federal government, it shall be exempt from the Maryland
provisions requiring posting, and forfeiture, on certain
conditions of a bond.

(b) The owner, agent, charterer, and owner or operator of
the terminal at which a vessel discharges or receives cargo of
bulk oil without being bonded as provided in subsection (a) of
this section is guilty of a misdemeanor and upon conviction in a
court of competent jurisdiction is subject to a fine not
exceeding $5,000 for each offense.

[8-1408] 4-408.

The Maryland Port Administration and the Department of
[Natural Resources] THE ENVIRONMENT shall charge and collect a
compensatory fee from the person responsible for any oil
spillage. This fee shall cover the cost of labor, equipment
operation, and material necessary to eliminate the residue of oil
spillage, and the cost of restoring the area damaged by the
spillage to its original condition. The fee is retained by the
unit charging the fee.

[8-1409] 4-409.

The person responsible for the oil spillage shall be liable
to any other person for any damage to his real or personal
property directly caused by the spillage.

[8-1410] 4-410.

(a)  Except in case of emergency imperiling life or
property, unavoidable accident, collision, or stranding, or as
authorized by a permit issued under § 9-323 of the [Health -
Environmental] ENVIRONMENT Article, it is unlawful for any person
to discharge or permit the discharge of oil in any manner into or
on waters of the State.

(b)  Notwithstanding any provision of this subtitle, any
person discharging or permitting the discharge of oil, or who
either actively or passively participates in the discharge or
spilling of oil into the waters of the State either from a

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