HARRY HUGHES, Governor                                2845

(a)  Except for a vessel carrying or receiving 25
barrels or less of oil, any vessel, whether or not
self-propelled, in or entering upon the waters of the state
to discharge or receive a cargo of any bulk oil in the State
shall post a bond of $100 per gross ton of vessel with
either the Maryland Port Administration or the Department of
[Health and Mental Hygiene] NATURAL RESOURCES. The bond
shall be in a form approved by the Administration and the
Department and may be obtained individually or jointly by
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. If the Maryland Port
Administration or the Department of [Health and Mental
Hygiene] NATURAL RESOURCES determines 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 these units to eliminate the residue of
oil discharge or spillage, to the extent of damage caused to
the natural and recreational resources of the State, and to
the extent of any otherwise uncollectible fine 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 are in addition to every other remedy
available. Bond may not be released without certification by
the Maryland Port Administration or the Department of
[Health and Mental Hygiene] NATURAL RESOURCES that the
vessel has not been a source of oil discharge or spillage
into the waters of the State. If a vessel presents adequate
evidence of financial responsibility to the federal
government, it shall be exempt from the Maryland provisions
requiring posting, and forfeiture, on certain conditions of
a bond.

8-1408.

The Maryland Port Administration and the Department of
[Health and Mental Hygiene] NATURAL RESOURCES shall charge
and collect a compensatory fee from the person responsible
for any oil spillage. This fee shall cover the cost of
labor, equipment operation, and material necessary to
eliminate the residue of oil spillage, and the cost of
restoring the area damaged by the spillage to its original
condition. The fee is retained by the unit charging the fee.

8-1410.

(b)  Notwithstanding any provision of this subtitle,
any person discharging or permitting the discharge of oil,
or who either actively or passively participates in the
discharge or spilling of oil into the waters of the State
either from a land-based installation, including vehicles in
transit, or from any vessel, ship, or boat ' of any kind,
shall report the incident immediately to the appropriate
federal authority or the Department of [Health and Mental
Hygiene] NATURAL RESOURCES, or both. He shall remain
available until clearance to leave is given by the