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Session Laws, 1989
Volume 771, Page 4767   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

[(4)] (5) (6) 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)] (6) (7) 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.

(d)  As a condition precedent to the issuance or renewal of
a license, the Department shall require satisfactory evidence
that the applicant has implemented or is in the process of
implementing State and federal plans and regulations to control
pollution related to oil, petroleum products, and their
by-products and the abatement thereof when a discharge occurs.

(e)  Any person who violates subsection (b) or (c) of this
section is guilty of a misdemeanor and upon conviction in a court
of competent jurisdiction is subject to a fine not exceeding
$10,000 plus any accrued but unpaid licensee fees, INCLUDING
INTEREST ON THE UNPAID BALANCE.

(f) There is a Maryland Oil Disaster Containment, Clean-up
and Contingency Fund for the Department to use to develop
equipment, personnel, and plans; for contingency actions to
respond to, contain, clean up, and remove from the land and
waters of the State discharges of oil, petroleum products, and
their by-products into, upon, or adjacent to the LAND AND waters

of the State; and restore natural resources damaged by

discharges. [The cost of containment, clean up, removal, and
restoration shall be reimbursed to the State by the person

responsible for the discharge. The reimbursement shall be

credited to the Fund.] The Fund shall be limited in accordance
with the limits set forth in this section. To this sum shall be
credited every license fee, fine, if imposed by the circuit court
for any county, and any other charge related to this subtitle. To
this Fund shall be charged every expense the Department of the
Environment has which relates to this section.

(F) (1) THERE IS , A MARYLAND OIL DISASTER CONTAINMENT,
CLEAN-UP AND CONTINGENCY FUND AND A MARYLAND UNDERGROUND STORAGE
TANK FUND.

(2) (I) THE COST OF CONTAINMENT, CLEANUP, REMOVAL AND
RESTORATION OF NATURAL RESOURCES INCURRED FROM THE FUND SHALL BE

- 4767 -

 

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Session Laws, 1989
Volume 771, Page 4767   View pdf image
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