WILLIAM DONALD SCHAEFER, Governor                   Ch. 306

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

(4)   "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)    "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 transfer oil in the State without a
license.

(c)  (1) A license required under this section shall be
secured from the Department OF THE ENVIRONMENT subject to the
terms and conditions set forth in this section. The license fee
shall be based on a 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 license fee shall be paid monthly to the
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 last day of each month or
postmarked 2 days before the end of each month for the number of
barrels transferred the preceding 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 $750,000, collection of subsequent monthly license fees shall
be abated until:

(i) The balance in the Fund becomes less than
or equal to $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
Department for a hearing or unless the Department, on its own,
shall redetermine the fee.

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