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PARRIS N. GLENDENING, Governor
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Ch. 604
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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.
(g) Money in the Fund not needed currently to meet the Department of the
Environment's obligations in the exercise of its responsibility under this section shall
be deposited with the State Treasurer to the credit of the Fund, and may be invested
as provided by law. Interest received on the investment shall be credited to the Fund.
The Secretary of the Environment shall determine the proper allocation of the
moneys credited to the Fund only for the following purposes:
(1) Administrative expenses, personnel expenses, and equipment costs of
the Department related to the purposes of this section.
(2) Prevention, control, containment, clean-up, and removal of
discharges into, upon, or adjacent to waters of the State of discharges of oil, petroleum
products and their by-products, and the restoration of natural resources damaged by
such discharges.
(3) Development of containment and clean-up equipment, plans, and
procedures in accordance with the purposes of this section.
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- 3199 -
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