HARRY HUGHES, Governor

2137

(a)  In this section the following words and phrases have
the meaning indicated.

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

(2)  "Fund" means the Maryland Oil Disaster
Containment, Clean-Up and Contingency Fund.

(3)  (i) "Oil, petroleum products, and their
by-products" means oil of any kind and in any liquid form
including, but not limited to petroleum, fuel oil, sludge, oil
refuse, oil mixed with other waste, crude oils and every other
nonedible, liquid hydrocarbon regardless of specific gravity.

(ii) "Oil, petroleum products, and their
by-products" does not include any edible oil.

(4)   ["Oil terminal facility" means a 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, pipeline, or
any other means used for transporting these products in the State
and having a total storage capacity in excess of 3,000 barrels.]
"TRANSFER" MEANS THE OFFLOADING OF OIL IN THE STATE FROM ANY
COMMERCIAL VESSEL, TANK TRUCK, TANK CAR, PIPELINE, OR ANY OTHER
MEANS USED FOR TRANSPORTING OIL.

(5)   ["Operator" means any person owning or operating
an oil terminal facility whether by lease, contract, or any other
form of agreement.

(6)  "Total storage capacity" means the aggregate
capacity available to store oil, petroleum products, and their
by-products at an oil terminal facility.

(7)] "Barrel" means any measure of petroleum products
or its by-products which consists of 42.0 U. S. gallons of liquid
measure.

(b)   [A person may not operate or cause to be operated an
oil terminal facility without a license.] A PERSON MAY NOT
TRANSFER OIL IN THE STATE WITHOUT A LICENSE.

(c)  (1) [A license required under this section shall be
secured from the Department subject to terms and conditions set
forth in this section, and by paying an annual fee according to
the following schedule using the total storage capacity at an oil
terminal facility as an indicator of the utilization, impact, and
possible hazards to the State's natural resources:

License Designation Class A Class B

Total Storage Capacity, in Barrels 1,000,000 or greater 50,000 to 999,999

Annual License Fee $10,000 $ 7,000