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Session Laws, 1972
Volume 708, Page 233   View pdf image
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Marvin Mandel, Governor                         233

State; (2) construction or reconstruction of a reservoir, dam, or
waterway obstruction; (3) construction in a waterway; and (4)
dredging- or filling of bulkheading or shore line changes.

The applicant shall personally or by certified mail serve the ad-
jacent property owners with notice of the application and shall
certify the same to the Department of Water Resources, and shall
give notice to the public of the application and hearing by publica-
tion once in each week for two successive weeks prior to the hearing
in a daily newspaper published in the city or cities, county or coun-
ties, and in more than one weekly newspaper of general circulation
in the city or cities, county or counties, which the Department deter-
mines may be directly affected by the proposed appropriation or use,
or construction, reconstruction, or repair. The county commissioners
of each such county, the mayor or chief executive officials of each such
city and the proper officials of any interested agency of the State,
or political subdivision thereof shall also be notified by the applicant
by registered or certified mail. In the public notice of the applica-
tion, the date, place, and time fixed by the Department for the public
hearing on the application shall be stated ![, at] . At the public
hearing, the applicant and any other interested person shall be given
an opportunity to present facts, evidence, and arguments for or
against the granting of the application.

29AB.

(a) Except for a vessel carrying or receiving twenty-five (25)
barrels of oil or less, any vessel, whether or not self-propelled, in or
entering upon the waters of the State for the purpose of discharging
or receiving a cargo of any bulk oil in the State shall post a bond
with the Maryland Port Authority or the Department of Natural
Resources of at least one hundred dollars ($100.00) per gross ton
of oil cargo to the State. The bond shall be in a form approved by
the Authority and the Department and may be obtained individually
or jointly by the vessel, its owner or agent, its charterer, or by the
owner or operator of the terminal at which the vessel discharges or
receives the bulk oil. If the Authority or the Department determines
that oil has been discharged or spilled into the waters of the State
from the vessel, the bond shall be forfeited, to the extent of the costs
incurred by the spillage, to the extent of damage caused to the na-
tural and recreational resources of the State, and to the extent of
any otherwise uncollectible fines levied against the vessel, its owner
or agent, its charterer, or the owner or operator of the terminal at
which the vessel discharges or receives the bulk oil. The remedies
provided in this section shall be in addition to all other remedies
available. No bond shall be released without certification by the Au-
thority or the Department that the vessel has not been a source of
oil discharge or spillage into the waters of the State. Where a vessel
has presented adequate evidence of financial responsibility to the
federal government, it shall be exempt from the Maryland provi-
sions requiring the posting, and forfeiture, on certain conditions of
a bond.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1972.

Approved April 11, 1972.

 

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Session Laws, 1972
Volume 708, Page 233   View pdf image
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