1264

LAWS OF MARYLAND

Ch. 230

(2) THE PROVISIONS OF THIS SUBSECTION DO NOT
INCLUDE THE APPLICATION OF USED OIL TO ROADS FOR MAINTENANCE
PURPOSES AS AUTHORIZED BY LAW, OR THE USE OF USED OIL AS A
FUEL, OR THE USE OF USED OR RECYCLED OIL FOR MAINTENANCE OR
LUBRICATION OF AGRICULTURAL EQUIPMENT.

(G) REPORT TO GENERAL ASSEMBLY - THE DEPARTMENT SHALL
PREPARE AND SUBMIT AN ANNUAL REPORT TO THE GENERAL ASSEMBLY
SUMMARIZING INFORMATION ON USED OIL COLLECTION AND
RECYCLING, ANALYZING THE EFFECTIVENESS OF THE ACT'S
PROVISIONS AND THEIR IMPLEMENTATION, AND MAKING
RECOMMENDATIONS FOR ANY NECESSARY CHANGES IN THE PROVISIONS
OR THEIR ADMINISTRATION.

(H) USED OIL PRODUCTS - (1) A PERSON MAY REPRESENT
ANY PRODUCT MADE IN WHOLE OR IN PART FROM USED OIL TO BE
SUBSTANTIALLY EQUIVALENT TO A PRODUCT MADE FROM NEW OIL FOR
A PARTICULAR END USE IF THE PRODUCT CONFORMS FULLY WITH THE
SPECIFICATIONS APPLICABLE TO THAT PRODUCT MADE FROM NEW OIL
AND OR IF SUBSTANTIAL EQUIVALENCY HAS BEEN DETERMINED IN
ACCORDANCE WITH RULES PRESCRIBED BY THE FEDERAL TRADE
COMMISSION UNDER SECTION 383(D)(1)(A) OF THE ENERGY POLICY
AND CONSERVATION ACT, P.L. 94-163. OTHERWISE, THE PRODUCT
MUST BE REPRESENTED AS MADE FROM PREVIOUSLY USED OIL.

(2) ALL OFFICIALS OF THIS STATE AND ANY OF ITS
AGENCIES OR OF ANY POLITICAL SUBDIVISIONS AND PERSONS
HOLDING CONTRACTS WITH THE STATE OR ANY OF ITS POLITICAL
SUBDIVISIONS SHALL ENCOURAGE AND TO THE EXTENT POSSIBLE
REQUIRE THE PROCUREMENT AND PURCHASE OF RECYCLED OIL
PRODUCTS REPRESENTED AS SUBSTANTIALLY EQUIVALENT TO PRODUCTS
MADE FROM NEW OIL IN ACCORDANCE WITH THIS SECTION WHENEVER
SUCH PRODUCTS ARE AVAILABLE AT PRICES COMPETITIVE WITH THOSE
OF NEW OIL PRODUCED FOR THE SAME PURPOSE.

(I) PENALTIES - (1) ANY PERSON WHO VIOLATES ANY
PROVISION OF THIS SECTION OR ANY RULE OR REGULATION ISSUED
PURSUANT THERETO, IN ADDITION TO ANY OTHER PENALTIES
SPECIFICALLY PROVIDED BY LAW, SHALL BE SUBJECT TO A CIVIL
PENALTY NOT EXCEEDING $250 FOR EACH VIOLATION.

(2) ANY PERSON WHO COMMITS A SECOND OR
SUBSEQUENT VIOLATION OF ANY PROVISION OF THIS SECTION OR ANY
RULE OR REGULATION ISSUED PURSUANT THERETO, IN ADDITION TO
ANY OTHER PENALTIES SPECIFICALLY PROVIDED BY LAW, IS GUILTY
OF A MISDEMEANOR AND UPON CONVICTION IN A COURT OF COMPETENT
JURISDICTION, IS SUBJECT TO A FINE NOT EXCEEDING $1,000 OR
IMPRISONMENT NOT EXCEEDING TWO MONTHS, OR BOTH, WITH COSTS
IMPOSED IN THE DISCRETION OF THE COURT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978.

Approved May 2, 1978.