PARRIS N. GLENDENING, Governor

Ch. 532

oil transferred by the licensee during the fee quarter no later than the last day of the
month following the fee quarter. These records shall be kept confidential by the
Department.

(3)     When the balance in the Maryland Oil Disaster Containment, Clean-Up
and Contingency Fund from the monthly license fees paid under paragraph (1)(i) of this
subsection into the Fund equals or exceeds a maximum limit of $5,000,000, collection of
subsequent monthly license fees under paragraph (1)(i) of this subsection shall be abated
until:

(i) The balance in the Fund from the license fees becomes less than or
equal to $4,000,000; 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.

(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.

(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 SUBSECTION (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 license fees.

(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 waters of the State; and restore natural resources damaged by
discharges. The cost of containment, clean-up, removal, and restoration, INCLUDING
ATTORNEYS' FEES AND LITIGATION COSTS, 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.

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