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Session Laws, 1970
Volume 695, Page 561   View pdf image
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Marvin Mandel, Governor                            561

(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 and shall not be construed
as repealing, modifying, or in any manner affecting the provisions
of those laws.

29 A.

The responsibility of developing a program, including training,
which would enable the State to respond to an emergency oil spillage
in Maryland waters is that of the Maryland Port Authority in the
Baltimore Harbor area and of the Department of Natural Resources
in other waters of the State. These agencies shall coordinate the
efforts of the various State and local agencies aiding in the opera-
tion and request the aid of the appropriate Federal agencies if neces-
sary.

29B.

The Maryland Port Authority and the Department of Natural Re-
sources shall charge and collect a compensatory fee from the per-
son responsible for the oil spillage. This fee shall cover the cost
of labor, equipment operation, and materials necessary to eliminate
the residue of oil spillage and shall be retained by the agency charg-
ing the fee.

29C.

Nothing in this subtitle shall be construed to alter, change, modify
or restrict the jurisdiction of the State Department of Health and
Mental Hygiene as set forth in this Code.

29D.

(a)    Whenever there occurs in the waters of the State any condi-
tion indicative of damage to aquatic resources, including, but not
limited to, mortality of fish and other aquatic life, it shall be the duty
of the Department of Natural Resources to investigate the occur-
rence, to determine the nature and extent of the occurrence, and to
endeavor to establish the cause and source of the occurrence. The
Department of Natural Resources shall act on these findings, as here-
inafter provided, to require the repair of any damage done and the
restoration of water resources to a degree necessary to protect the
best interests of the people of the State.

(b)    The Department of Natural Resources, if it believes the in-
stitution of suit to be advisable, shall turn over to the Attorney
General all pertinent information and data. The Attorney General
thereupon shall file suit against the person or persons causing the
condition complained of, who shall be jointly and severally liable for
the reasonable cost of rehabilitation and restoration of the re-
sources damaged and the cost of eliminating the condition causing
the damage.

Sec. 2. And be it further enacted, That if any provision of this
Act or the application thereof to any person or circumstance is held
invalid for any reason, the invalidity shall not affect the other pro-

 

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Session Laws, 1970
Volume 695, Page 561   View pdf image
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