3542

EXECUTIVE ORDERS

The Maryland Port Administration and the Department OF
HEALTH AND MENTAL HYGIENE 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. Vessels discharging oil.

(b)  Duty to report discharge. — 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, or both. He shall
remain available until clearance to leave is given by the
appropriate officials.

(c)  Administration and enforcement of section. — To
administer this section the Department OF HEALTH AND MENTAL
HYGIENE may use the organization, equipment, and units,
including engineering, clerical, and other personnel,
employed in the improvement and preservation of waters and
natural resources of the State to enforce the laws for the
preservation and protection of the waters and natural
resources of the State. Any person authorized by law to make
arrests may apply for a warrant, arrest, and take into
custody, with or without process, any person who violates
any provision of this section. However, a person may not be
arrested without process for a violation not committed in
the presence of one of the aforesaid officials. If any
person is arrested under the provisions of this section, the
person arrested immediately shall be brought before a judge,
or court of the State for examination of the offense alleged
against him.

(d)  Notice to Department OF HEALTH AND MENTAL HYGIENE
of violations. — Whenever any person or ship is accused of
violating any provision of this section, the arresting
officer shall notify the Department OF HEALTH AND MENTAL
HYGIENE in writing to permit the Department to take any
advisable action. The provisions of this subsection are
directory only.

8-1411. Oil discharge containment, control and clean-up.

(c) Same — Procedure to obtain; fee; disposition of
fees. — A license required under this section shall be
secured from the Department OF HEALTH AND MENTAL HYGIENE