Ch. 808

LAWS OF MARYLAND

(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.-

(5)  The Department shall promulgate rules and
regulations, establish audit procedures for the audit of
licensees, and prescribe and publish forms as may be necessary to
effectuate the purposes of this section.

4-415.1.

(A)  AT ANY REASONABLE TIME, TO CARRY OUT DUTIES UNDER THIS
SUBTITLE, A REPRESENTATIVE OF THE DEPARTMENT MAY ENTER ANY OIL
STORAGE FACILITY:

(1)  TO INSPECT THE OIL STORAGE FACILITY;

(2)  TO OBTAIN WATER, AIR, OR SOIL SAMPLES; AND

(3)  TO DRILL TEST WELLS;

(4) TO MEASURE THE VOLUME AND KINDS OF SUBSTANCES
THAT ARE RECEIVED OR STORED; AND

(5) TO TAKE CORRECTIVE ACTION.

(B)  THE DEPARTMENT MAY ENTER ANY PROPERTY AND ASSUME
CONTROL OF ANY OIL SPILL SITUATION WHEN IT DETERMINES THAT A
RESPONSIBLE PARTY IS NOT:

(1)  ACTING PROMPTLY TO REMOVE THE SPILL; OR

(2)  UNDERTAKING REMOVAL OR MITIGATION IN A MANNER
APPROPRIATE TO CONTROL OR RECTIFY THE CONDITIONS CAUSING THE
CONDITION.

(C) IF ENTRY IS DENIED UNDER THIS SECTION, THE SECRETARY
MAY SEEK AN INJUNCTION TO ENTER THE FACILITY OR PROPERTY.--------

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

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