Marvin Mandel, Governor                       1181

(1)    "Department" means the State Department of Natural
Resources.

(2)    "Discharge" means any spilling, leaking, pumping, pouring,
emitting, emptying, or dumping.

(3)    "Fund" means the Maryland Oil Disaster Research, De-
velopment CONTAINMENT, CLEAN-UP and Contingency Fund.

(4)    "Oil, petroleum products, and their by-products" means oil of
any kind and in any liquid form including, but not limited to pe-
troleum, fuel oil, sludge, oil refuse, oil mixed with other wastes,
crude oils and all other liquid hydrocarbons regardless of specific
gravity.

(5)    "Oil terminal facility" means any facility of any kind and
related appurtenances receiving, TRANSFERRING or discharging
oil, PETROLEUM PRODUCTS AND THEIR BY-PRODUCTS to
or from any commercial vessel, TANK TRUCK, TANK CAR OR
ANY OTHER VEHICLE used for transporting oil in the waters
THE SAME IN THE STATE of Maryland AND HAVING A
TOTAL STORAGE CAPACITY IN EXCESS OF 3,000 BARRELS.

(6)    "Operate or operator" means any person owning or oper-
ating an oil terminal facility whether by lease, contract, or any other
form of agreement.

(7)    "Person" means individual, partnership, joint venture cor-
poration, or any group of the foregoing organized or united for a
business purpose.

(8)    "TOTAL STORAGE CAPACITY" MEANS THE AGGRE-
GATE CAPACITY AVAILABLE FOR THE STORAGE OF OIL,
PETROLEUM PRODUCTS, AND THEIR BY-PRODUCTS AT AN
OIL TERMINAL FACILITY.

(9)    "BARREL" MEANS ANY MEASURE OF PETROLEUM
PRODUCT OR THEIR BY-PRODUCTS WHICH CONSISTS OF
42.0 U.S. GALLONS OF LIQUID MEASURE.

29F.

(a) No person shall operate or cause to be operated an oil ter-
minal facility as described in this subtitle without a license.

     (b) Any person who fails to comply with the provisions of this

section shall be fined upon conviction in an amount not less than five

hundred dollars or more than ten thousand dollars.

(c) (B) Licenses required under this subtitle shall be secured
from the Department subject to terms and conditions set forth in
this subtitle, and by paying an annual fee according to a schedule
to be established through regulations of the department THE
FOLLOWING SCHEDULE USING THE TOTAL STORAGE
CAPACITY AT AN OIL TERMINAL FACILITY AS AN INDI-
CATOR OF THE UTILIZATION, IMPACT, AND POSSIBLE
HAZARDS TO THE NATURAL RESOURCES OF MARYLAND:
The schedule shall be based upon physical size, capacity for handling