WILLIAM DONALD SCHAEFER, Governor Ch. 66

(3) "Barrel" means any measure of petroleum products or its by-products
which consists of 42.0 U.S. gallons of liquid measure.

(b) A person OTHER THAN A VESSEL OR BARGE may not transfer oil in
the State without a license.

(c) (1) A license required under this section shall be secured from the
Department of the Environment subject to the terms and conditions set forth in this
section. The license fee shall be based on a [0.75] 1.50 cents per barrel fee for oil
transferred in the State. However, the fee on any barrel shall be imposed only once, at
the point of first transfer in the State.

(2) The license fee shall be paid monthly to the Department and on
receipt by the Comptroller, credited to the Maryland Oil Disaster Containment,
Clean-Up and Contingency Fund. The fee shall be paid no later than the last day of
each month or postmarked 2 days before the end of each month for the number of
barrels transferred the preceding month. At the time of payment, the licensee shall
certify to the Department, on forms as may be prescribed by the Department, the
number of barrels of oil transferred by the licensee during the fee month. These records
shall be kept confidential by the Department.

(3) When the balance in the Fund from the monthly license fees paid
under this subsection into the Fund equals or exceeds a maximum limit of [$750,000]
$5,000,000, collection of subsequent monthly license fees shall be abated until:

(i) The balance in the Fund from the license fees becomes less than
or equal to $500,000 $4,000,000; or

(ii) There is evidence that the balance in the Fund could be
significantly reduced by the recent occurrence of a major discharge or series of
discharges.

(4) If a licensee fails to remit the fee and accompanying certification
required by this section, the amount of the license fee due shall be determined by the
Department from information as may be available. Notice of this determination shall be
given to the licensee liable for payment of the license fee. The determination shall
finally and irrevocably fix the fee unless the licensee against whom it is assessed, within
30 days after receiving notice of the determination, shall apply to the Department for a
hearing or unless the Department, on its own, shall redetermine the fee.

(5) The Department shall promulgate rules and regulations, establish
audit procedures for the audit of licensees, and prescribe and publish forms as may be
necessary to effectuate the purposes of this section.

(d) As a condition precedent to the issuance or renewal of a license, the
Department shall require satisfactory evidence that the applicant has implemented or is
in the process of implementing State and federal plans and regulations to control
pollution related to oil, petroleum products, and their by-products and the abatement
thereof when a discharge occurs.

(e) Any person who violates subsection (b) or (c) of this section is guilty of a

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