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Session Laws, 1990 Session
Volume 436, Page 450   View pdf image (33K)
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Ch. 66 LAWS OF MARYLAND

7. NOTIFICATION OF VESSEL AND BARGE
MOVEMENT.

(2) A person OTHER THAN A VESSEL OR BARGE may not engage in
any commercial or industrial operation involving these activities unless he has obtained
a permit from the Department indicating that the activities are in conformity with the
prescribed rules and regulations.

(c) 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 shall investigate the incident, determine the nature and
extent of the damage, and establish the cause and source of the occurrence. The
Department 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. THE DEPARTMENT SHALL ASSUME CONTROL OF ANY
DISCHARGE OR SPILL SITUATION WHEN IT DETERMINES THAT THE
PERSON RESPONSIBLE FOR THE DISCHARGE IS NOT ACTING PROMPTLY
IN A MANNER APPROPRIATE TO REMOVE, MITIGATE, CONTROL, OR
RECTIFY THE SPILL. If the Department 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,
including the environmental monetary value of such resources as established by
regulation.

4-406.

The [Maryland Port Administration] DEPARTMENT is responsible for
developing a program, including training, to enable the State to respond to an
emergency oil spillage in [the Baltimore Harbor area and the Department of the
Environment is responsible for developing a similar program in other] waters of the
State. [These units] THE DEPARTMENT shall coordinate efforts of the various State
and local units aiding in the operation and may request the aid of any appropriate
federal agency if necessary.

4-407.

(a) Except AS PROVIDED IN SUBSECTION (B) OF THIS SECTION AND
EXCEPT for a vessel OR BARGE carrying or receiving 25 barrels or less of oil, any
vessel OR BARGE, whether or not self-propelled, in or entering upon the waters of the
State to discharge or receive a cargo of any bulk oil in the State shall post a bond of
[$100] $500 per gross ton of vessel OR BARGE OR OTHER SECURITY, IN AN
EQUAL AMOUNT, DETERMINED TO BE SUFFICIENT BY THE SECRETARY
with [either the Maryland Port Administration or] the Department of the Environment.
The bond OR OTHER SECURITY shall be in a form approved by the [Administration

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Session Laws, 1990 Session
Volume 436, Page 450   View pdf image (33K)
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