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Ch. 604
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2000 LAWS OF MARYLAND
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(1) "Fund" means the Maryland Oil Disaster Containment, Clean-Up
and Contingency Fund.
(2) "Transfer" means the offloading or onloading of oil in the State from
or to any commercial vessel, barge, tank truck, tank car, pipeline, or any other means
used for transporting oil.
(3) "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 other than a vessel or barge 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 fee on any barrel shall be imposed only once, at the point of first transfer
in the State. The license fee shall be:
(i) Based on a [1 cent] 2 CENTS per barrel fee for oil transferred in
the State and credited to the Maryland Oil Disaster Containment, Clean-Up and
Contingency Fund; and
(ii) Until July 1, [2000] 2005, based on an additional [0.5. cents] 1
CENT per barrel fee for oil transferred in the State and credited to the [Maryland Oil
Disaster Containment, Clean-Up and Contingency Fund] OIL CONTAMINATED SITE
ENVIRONMENTAL CLEANUP FUND AS DESCRIBED IN SUBTITLE 7 OF THIS TITLE.
(2) The license fee shall be paid quarterly to the Department and on
receipt by the Comptroller, credited to the proper fund. 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 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
(l)(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,
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- 3198 -
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