WILLIAM DONALD SCHAEFER, Governor Ch. 66

and the] Department and may be obtained individually or jointly by the vessel OR
BARGE, its owner or agent, its charterer, or the owner or operator of the terminal at
which the vessel OR BARGE discharges or receives the bulk oil. If the [Maryland Port
Administration or the] Department of the Environment determines oil has been
discharged or spilled into the waters of the State from the vessel OR BARGE, the bond
OR OTHER SECURITY shall be forfeited TO THE DEPARTMENT, to the extent of
the costs incurred [by these units] to eliminate the residue of oil 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 OR
BARGE, its owner or agent, its charterer, or the owner or operator of the terminal at
which the vessel OR BARGE discharges or receives the bulk oil, OR ANY OTHER
PERSON RESPONSIBLE FOR THE DISCHARGE OR SPILL. The remedies
provided in this section are in addition to every other remedy available. Bond OR
OTHER SECURITY may not be released without certification by the [Maryland Port
Administration or the] Department of the Environment that the vessel OR BARGE has
not been a source of oil discharge or spillage into the waters of the State. If THE
OWNER OR OPERATOR OF a vessel OR BARGE presents adequate evidence of
financial responsibility to the [federal government] DEPARTMENT, it shall be exempt
from the [Maryland] DEPARTMENT provisions requiring posting, and forfeiture, on
certain conditions of a bond OR OTHER SECURITY.

(B) THE SECRETARY MAY WAIVE THE BOND OR OTHER SECURITY
REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION IF THE
SECRETARY DETERMINES THAT THE BONDS OR SECURITIES REQUIRED
ARE UNAVAILABLE.

(b) The (C) IF THE SECRETARY HAS NOT WAIVED THE BOND OR
SECURITY REQUIREMENTS AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, THE owner, agent, charterer, and owner or operator of the terminal at
which a vessel OR BARGE 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] $25,000 for each offense.

(G) (D) ALL PENALTIES AND BOND AND SECURITY FORFEITURES
COLLECTED UNDER THIS SECTION SHALL BE CREDITED TO THE
MARYLAND OIL DISASTER CONTAINMENT, CLEAN-UP AND
CONTINGENCY FUND.

4-408.

The [Maryland Port Administration and the] Department of the Environment
shall charge and collect a compensatory fee from the person responsible for any oil
spillage. This fee SHALL COVER THE COSTS INCURRED BY ANY PERSON
WHO RESPONDS TO AN OIL SPILLAGE WITH THE AUTHORIZATION OF
THE DEPARTMENT AND 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] ANY COMPENSATORY FEES COLLECTED BY THE

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