2138

LAWS OF MARYLAND

Chi 608

Class C                          20,000 to     49,999                                    $ 2,000

Class D                          10,000 to     19,999                                    $ 1,500

Class E                            5,000 to       9,999                                    $ 600

Class F                            3,000 to       4,999                                    $ 250]

A LICENSE REQUIRED UNDER THIS SECTION SHALL BE SECURED FROM
THE DEPARTMENT SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN
THIS SECTION. THE LICENSE FEE SHALL BE BASED ON A 1 CENT 0.75
CENTS PER BARREL FEE FOR OIL TRANSFERRED IN THE STATE. HOWEVER,
THE FEE ON ANY BARREL SHALL BE IMPOSED ONLY ONCE, AT THE POINT OF
FIRST TRANSFER IN THE STATE.

(2)   [The annual fee may not be less than $250 nor
greater than $10,000. The maximum paid by any one person may not
exceed $25,000. At the time the Fund reaches its maximum of
$1,000,000, collection of the annual license fees shall be
abated. Annual fees shall be paid by these facilities to the
State Comptroller and upon receipt by him credited to the
Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.
Annual fees shall be paid by these facilities not later than
September 1, for the fiscal year beginning July 1 immediately
preceding. The collection of license fees for any one year may
not exceed the sum of $500,000. Any excess over $500,000 shall
be credited or refunded to the licensees on a prorated basis.]THE
LICENSE FEE SHALL BE PAID MONTHLY TO THE STATE COMPTROLLER
DEPARTMENT AND ON RECEIPT BY THE COMPTROLLER, CREDITED TO THE
MARYLAND OIL DISASTER CONTAINMENT, CLEAN-UP AND CONTINGENCY FUND.
THE FEE SHALL BE PAID NO LATER THAN THE 25TH DAY LAST DAY OF EACH
MONTH OR POSTMARKED 2 DAYS BEFORE THE END OF EACH MONTH FOR THE
NUMBER OF BARRELS TRANSFERRED THE PRECEEDING MONTH. AT THE TIME
OF PAYMENT, THE LICENSEE SHALL CERTIFY TO THE DEPARTMENT, ON
FORMS AS MAY BE PRESCRIBED BY THE DEPARTMENT, THE NUMBER OF
BARRELS OF OIL TRANSFERRED BY THE LICENSEE DURING THE FEE MONTH.
THESE RECORDS SHALL BE KEPT CONFIDENTIAL BY THE DEPARTMENT.

(3)  WHEN THE FUND EQUALS OR EXCEEDS A MAXIMUM LIMIT
OF $2,000,000 $750,000, COLLECTION OF SUBSEQUENT MONTHLY LICENSE
FEES SHALL BE ABATED UNTIL ; :

(I)  THE BALANCE IN THE FUND BECOMES LESS THAN
OR EQUAL TO $1,500,000 $500,000; OR

(II)  THERE IS EVIDENCE THAT THE BALANCE IN THE
FUND COULD BE SIGNIFICANTLY REDUCED BY THE RECENT OCCURRENCE OF A
MAJOR DISCHARGE OR SERIES OF DISCHARGES.

(4)  IF A LICENSEE FAILS TO REMIT THE FEE AND
ACCOMPANYING CERTIFICATION REQUIRED BY THIS SECTION, THE AMOUNT
OF THE LICENSE FEE DUE SHALL BE DETERMINED BY THE DEPARTMENT FROM
INFORMATION AS MAY BE AVAILABLE. NOTICE OF THIS DETERMINATION
SHALL BE GIVEN TO THE LICENSEE LIABLE FOR PAYMENT OF THE LICENSE
FEE. THE DETERMINATION SHALL FINALLY AND IRREVOCABLY FIX THE FEE
UNLESS THE LICENSEE AGAINST WHOM IT IS ASSESSED, WITHIN 30 DAYS
AFTER RECEIVING NOTICE OF THE DETERMINATION, SHALL APPLY TO THE