Ch. 66 LAWS OF MARYLAND

DEPARTMENT FOR COSTS INCURRED BY A PERSON AUTHORIZED TO
RESPOND TO AN OIL SPILLAGE SHALL BE REIMBURSED TO THAT PERSON
BY THE DEPARTMENT.

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
this article, it is unlawful for any person to discharge or permit the discharge of oil in
any manner into or on waters of this 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 land-based
installation, including vehicles in transit, or from any vessel, BARGE, ship, or boat of
any kind, shall report the incident immediately to the Department of the Environment.
He shall remain available until clearance to leave is given by the appropriate officials
designated by the Department.

(c) To administer this section the Department of the Environment may use the
organization, equipment, and units, including engineering, clerical, and other
personnel, employed in the improvement and preservation of waters and natural
resources of the State to enforce the laws for the preservation and protection of the
waters and natural resources of the State. Any person authorized by law to make arrests
may apply for a warrant, arrest, and take into custody, with or without process, any
person who violates any provision of this section. However, a person may not be
arrested without process for a violation not committed in the presence of one of the
aforesaid officials. If any person is arrested under the provisions of this section, the
person arrested immediately shall be brought before a judge, or court of the State for
examination of the offense alleged against him.

(d) Whenever any person [or], VESSEL, BARGE, ship, OR BOAT is accused
of violating any provision of this section, the arresting officer shall notify the
Department of the Environment in writing to permit the Department to take any
advisable action. The provisions of this subsection are directory only.

(e) This section shall be in addition to the laws existing prior to June 1, 1949, for
the preservation and protection of waters of the Chesapeake Bay and its tributaries. It
does not repeal, modify, or in any manner affect the provisions of those laws.

4-411.

(a) In this section the following words and phrases have the meaning indicated.

(1) "Fund" means the Maryland Oil Disaster Containment, Clean-Up and
Contingency Fund.

(2) "Transfer" means the offloading OR ONLOADING of oil in the State
from OR TO any commercial vessel, BARGE, tank truck, tank car, pipeline, or any
other means used for transporting oil.

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