560 Laws of Maryland Ch. 243
and cumulative remedies to prevent, abate, and control the pollution
of the waters of the State. Nothing herein contained shall be con-
strued to abridge or alter rights of action or remedies in equity or
under existing common law or statutory law, criminal or civil, nor
shall any provision of this Subtitle, or any act done by virtue there-
of, be construed as estopping the State, or any person, as riparian
owners or otherwise in the exercise of their rights in equity or under
the common law or statutory law to suppress nuisances or to abate
pollution.
29.
(a) Except in case of emergency imperiling life or property, or
unavoidable accident, collision, or stranding, it shall be unlawful for
any person to discharge or permit the discharge of oil in any man-
ner into or upon the waters within the jurisdiction of the State of
Maryland from any vessel, ship or coat BOAT of any kind.
The term "oil" shall mean any of a large class of unctuous sub-
stances of vegetable, animal or mineral origin, which are liquid or at
least easily liquefiable on warming and soluble in ether but not in
water.
(b) Any person who violates subsection (a) of this section is
guilty of a misdemeanor, and upon conviction shall be punished by a
fine or by imprisonment or by both fine and imprisonment, for each
offense as provided in Section 28A of this Article. And any vessel
from which oil is discharged in violation of subsection (a), shall be
liable for the pecuniary penalty as specified in this section, and clear-
ance of such vessel from a port of the State may be withheld until
the penalty is paid, and said penalty shall constitute a lien on such
vessel.
(c) In the administration of this section the Department may
make use of the organization, equipment, and agencies, including
engineering, clerical, and other personnel, employed in the improve-
ment and preservation of waters and natural resources of the State
of Maryland in the enforcement of laws for the preservation and
protection of the waters and natural resources of the State of
Maryland. And for the better enforcement of the provisions of this
section, all persons authorized by law of this State to make arrests
shall have the power and it shall be their duty to swear out pro-
cess and to arrest and take into custody, with or without process,
any person who may violate any of said provisions; provided, that
no person shall be arrested without process for a violation not com-
mitted in the presence of some one of the aforesaid officials; and
provided further, that whenever any arrest is made under the pro-
visions of the said section the person so arrested shall be brought
forthwith before a magistrate, judge, or court of the State for ex-
amination of the offenses alleged against him; and such magistrate,
judge, or court shall proceed in respect thereto as authorized by law
in cases of crimes against the State of Maryland.
(d) Whenever any person, or ship is accused of violating the
provisions of this section, it shall be the duty of the arresting officer
to notify the Department forthwith in writing, for the purpose of
permitting it to take any steps in the proceeding that it may deem
advisable. The provisions of this subsection are intended to be
directory only.
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