In this subtitle the following words have the meanings indicated. “Cleanup” means abatement, containment, removal, and disposal of oil and the restoration of the environment to its existing state prior to a discharge. “Damages” means any damages for which liability exists under the laws of this State resulting from, arising out of, or related to the discharge or threatened discharge of oil. In addition, “damages” includes: The cost of assessing the damages; Damages for injury to, destruction of, loss of, or loss of use of natural resources, including the reasonable costs of assessing the damage; Damages for injury to or economic losses resulting from the destruction of real or personal property that shall be recoverable by a claimant who owns or leases that property; Damages for loss of subsistence use of natural resources, that shall be recoverable by any claimant who so uses natural resources that have been injured, destroyed, or lost, without regard to the ownership or management of the resources; Damages equal to the net loss of taxes, royalties, rents, fees, or net profit shares due to the injury, destruction, or loss of real property, personal property, or natural resources, that shall be recoverable by the State or a political subdivision of the State; Damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real property, personal property, or natural resources, that shall be recoverable by any claimant; and Damages for net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards caused by a discharge of oil, that shall be recoverable by the State or a political subdivision of the State. “Discharge” means the addition, introduction, leaking, spilling, or emitting any oil to State waters or the placing of any oil in a location where it is likely to reach State waters. “Heating oil tank” means an aboveground or underground tank for the storage of heating oil for use as a fuel in heating a residential property. “Lender” means a person who is: A holder of a mortgage or deed of trust on a site or a security interest in property located on a site; or A holder of a mortgage or deed of trust who acquires title through foreclosure or deed in lieu of foreclosure. “Management” means directing or controlling operations at a site or facility related to the storage or discharge of oil. “Management” does not include rendering advice on financial matters, rendering financial assistance, or actions taken to protect or secure a site or facility or property located on the site or at the facility, if the advice, assistance, or actions do not involve the storage, disposal, or remediation of discharged oil. “Oil” means oil of any kind and in any liquid form including: Petroleum; Petroleum by–products; Fuel oil; Sludge containing oil or oil residues; Oil refuse; Oil mixed with or added to or otherwise contaminating soil, waste, or any other liquid or solid media; Crude oils; Aviation fuel; Gasoline; Kerosene; Light and heavy fuel oils; Diesel motor fuel, including biodiesel fuel, regardless of whether the fuel is petroleum based; Asphalt; Ethanol that is intended to be used as a motor fuel or fuel source; and Regardless of specific gravity, every other nonedible, nonsubstituted liquid petroleum fraction unless that fraction is specifically identified as a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq. “Oil” does not include: Liquefied propane; Liquefied natural gas; or Any edible oils. “Oil storage facility” means any installation, structure or premises, aboveground or underground, in which oil is stored. “Oil storage facility” does not include any tank on a farm or private residence with a capacity to store 1,100 gallons or less of motor fuel or heating oil for noncommercial or personal use or any vessel. “Person responsible for the discharge” includes: The owner of the discharged oil; The owner, operator, or person in charge of the oil storage facility, vessel, barge, or vehicle involved in the discharge at the time of or immediately before the discharge; and Any other person who through act or omission causes the discharge. “Person responsible for the discharge” does not include: A person who, without participating in the management of an underground oil storage tank, and who otherwise is not engaged in petroleum production, refining, or marketing, holds indicia of ownership in an underground oil storage tank primarily to protect its security interest in that underground oil storage tank if that person: Has not foreclosed on its security interest in the underground oil storage tank; or Abandoned that underground oil storage tank under regulations of the Department within 180 days of acquiring the tank through foreclosure or other means; A holder of a mortgage or deed of trust who acquires title to a property that is subject to a corrective action plan approved by the Department under this subtitle provided that the holder complies with the requirements, prohibitions, and conditions of the plan; Subject to paragraph (3) of this subsection, a lender who extends credit for the performance of removal or remedial actions conducted in accordance with requirements imposed under this title who: Has not caused or contributed to a discharge of oil; and Previous to extending that credit, is not a person responsible for the discharge at the site; or Subject to paragraph (3) of this subsection, a lender who takes action to protect or preserve a mortgage or deed of trust on a site or a security interest in property located on a site at which a discharge of oil has occurred, by stabilizing, containing, removing, or preventing the discharge of oil in a manner that does not cause or contribute to a discharge of oil if: The lender provides advance written notice of its actions to the Department or in the event of an emergency in which action is required within 2 hours, provides notice by telephone; The lender, previous to taking the action, is not a person responsible for the discharge at the site; and The action does not violate a provision of this article. A lender taking action to protect or preserve a mortgage or deed of trust or security interest in property located on a site, who causes or contributes to a discharge of oil shall be liable solely for costs incurred in response to the discharge which the lender caused or to which the lender contributed unless the lender was a person responsible for the discharge before acquiring a mortgage, deed of trust, or security interest in the site or property located on the site. “Removal costs” means the costs of removal that are incurred after a discharge of oil has occurred or, in any case where there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident. “Underground oil storage tank” means one or more tanks including underground pipes connected to tanks, with a volume of 10 percent or more beneath the surface of the ground. “Underground oil storage tank” does not include a: Tank on a farm or private residence with a capacity to store 1,100 gallons or less of motor fuel or heating oil for noncommercial or personal use; Septic tank; Pipeline facility, including gathering lines, regulated under 49 U.S.C. 60101, et seq.; Intrastate pipeline facility regulated under State laws comparable to the provisions of the law referred to in item (iii) of this paragraph; Surface impoundment, pit, pond, or lagoon; Stormwater or wastewater collection system; Flow–through process tank; Storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel if the storage tank is situated upon or above the surface of the floor; or Pipe connected to any tank described in items (i) through (viii) of this paragraph.

Because the quality of the waters of this State is vital to the public and private interests of its citizens and because pollution constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational, and other legitimate beneficial uses of water, and the problem of water pollution in this State is closely related to the problem of water pollution in adjoining states, it is State public policy to improve, conserve, and manage the quality of the waters of the State and protect, maintain, and improve the quality of water for public supplies, propagation of wildlife, fish and aquatic life, and domestic, agricultural, industrial, recreational, and other legitimate beneficial uses. Also, it is State public policy to provide that no waste is discharged into any waters of this State without first receiving necessary treatment or other corrective action to protect the legitimate beneficial uses of this State’s waters, and to provide and promote, through innovative and alternative methods of waste and wastewater treatment, prevention, abatement, and control of new or existing water pollution. The Department shall cooperate with the agencies of other states and the federal government in carrying out these objectives.

This subtitle may not be construed as repealing any State law relating to water pollution or conservation. This subtitle is supplementary to those laws, except to the extent that the provisions are in direct conflict with one another. It is the purpose of this subtitle to provide additional and cumulative remedies to prevent, abate, and control the pollution of the waters of the State. This subtitle may not be construed to abridge or alter rights of action or remedies in equity under existing common law, statutory law, criminal or civil, nor may any provision of this subtitle, or any act done pursuant to it, be construed as estopping any person, as riparian owner or otherwise, in the exercise of his rights in equity, under the common law, or statutory law to suppress nuisances or abate pollution.

For the purposes of this subtitle, the Department of the Environment shall have and may exercise the following powers and duties: General supervision over the administration and enforcement of this subtitle and all rules, regulations, and orders promulgated pursuant to it; Develop comprehensive programs and plans for prevention, control, and abatement of pollution of the waters of the State by oil or sediment; Advise, consult, and cooperate with other units of the State, the federal government, other state and interstate agencies, affected groups, political subdivisions, and industries to further the purposes of this subtitle; Accept and administer loans and grants from the federal government and other sources, public or private, to carry out any of its functions; Encourage, participate in, finance, or conduct studies, investigations, research, and demonstrations relating to water pollution and its causes, prevention, control, and abatement; Collect and disseminate information relating to water pollution and its prevention, control, and abatement; Adopt, modify, repeal, and promulgate, after due notice and hearing, and enforce rules and regulations implementing or effectuating its powers and duties; Hold hearings, issue notices of hearing and subpoenas requiring the attendance of witnesses and production of evidence, administer oaths, and take necessary testimony; any of these powers may be exercised by the designee of the Secretary; and Exercise every incidental power necessary to carry out the purposes of this subtitle. The Department shall prescribe by regulation approved methods, facilities, standards, and devices for transfer, storage, separating, removing, treating, transporting, or disposing of oil and other unctuous substances to prevent pollution of waters of the State, that may include rules and regulations: Outlining procedures for addressing water pollution episodes or emergencies which constitute an acute danger to health or the environment; and Requiring: Spill prevention and response training; Spill contingency plans for oil storage facilities, vessels, and barges; Spill prevention and containment equipment at oil storage facilities and on vessels and barges or at other locations necessary to control oil spills from vessels or barges; Inspection of oil storage facilities, vessels, and barges; Escorts for vessels and barges or any other measure in lieu of an escort necessary to detect and control oil spills from tank vessels; Detection and control of oil spills from oil storage facilities, vessels, and barges; and Notification of vessel and barge movement. A person other than a vessel or barge may not engage in any commercial or industrial operation involving these activities unless the person has: Submitted to the Department satisfactory evidence that the operation meets all applicable county zoning and land use requirements; and Obtained a permit from the Department indicating that the activities are in conformity with the prescribed rules and regulations. Whenever there occurs in the waters of the State any condition indicative of damage to aquatic resources, including, but not limited to, mortality of fish and other aquatic life, the Department shall investigate the incident, determine the nature and extent of the damage, and establish the cause and source of the occurrence. The Department shall act on these findings and require repair of any damage done and restoration of water resources to a degree necessary to protect the best interest of the people of the State. Any person who is determined to be responsible for the discharge or spillage of any such substance shall be personally and/or severally responsible to immediately clean up and abate the effects of the spillage and restore the natural resources of the State. The Department shall assume control of any discharge or spill situation when it determines that the person responsible for the discharge is not acting promptly in a manner appropriate to remove, mitigate, control, or rectify the spill. If the Department believes instituting suit is advisable, it shall turn over to the Attorney General all pertinent information and data. The Attorney General then shall file suit against the person causing the condition. The person shall be jointly and severally liable for the reasonable cost of rehabilitation and restoration of the resources damaged and the cost of eliminating the condition causing the damage, including the environmental monetary value of such resources as established by regulation.

The Department is responsible for developing a program, including training, to enable the State to respond to an emergency oil spillage in waters of the State. The Department shall coordinate efforts of the various State and local units aiding in the operation and may request the aid of any appropriate federal agency if necessary.

Except as provided in subsection (b) of this section and except for a vessel or barge carrying or receiving 25 barrels or less of oil, any vessel or barge, whether or not self-propelled, in or entering upon the waters of the State to discharge or receive a cargo of any bulk oil in the State shall post a bond of $500 per gross ton of vessel or barge or other security, in an equal amount, determined to be sufficient by the Secretary with the Department of the Environment. The bond or other security shall be in a form approved by the Department and may be obtained individually or jointly by the vessel or barge, its owner or agent, its charterer, or the owner or operator of the terminal at which the vessel or barge discharges or receives the bulk oil. If the Department of the Environment determines oil has been discharged or spilled into the waters of the State from the vessel or barge, the bond or other security shall be forfeited to the Department, to the extent of the costs incurred to eliminate the residue of oil discharge or spillage, to the extent of damage caused to the natural and recreational resources of the State, and to the extent of any otherwise uncollectible fine levied against the vessel or barge, its owner or agent, its charterer, or the owner or operator of the terminal at which the vessel or barge discharges or receives the bulk oil, or any other person responsible for the discharge or spill. The remedies provided in this section are in addition to every other remedy available. Bond or other security may not be released without certification by the Department of the Environment that the vessel or barge has not been a source of oil discharge or spillage into the waters of the State. If the owner or operator of a vessel or barge presents adequate evidence of financial responsibility to the Department, it shall be exempt from the Department provisions requiring posting, and forfeiture, on certain conditions of a bond or other security. The Secretary may waive the bond or other security requirements of subsection (a) of this section if the Secretary determines that the bonds or securities required are unavailable. If the Secretary has not waived the bond or security requirements as provided in subsection (b) of this section, the owner, agent, charterer, and owner or operator of the terminal at which a vessel or barge discharges or receives cargo of bulk oil without being bonded as provided in subsection (a) of this section is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $25,000 for each offense. All penalties and bond and security forfeitures collected under this section shall be credited to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.

The Department of the Environment shall charge and collect a compensatory fee from the person responsible for any oil spillage. This fee shall cover the costs incurred by any person who responds to an oil spillage with the authorization of the Department and shall cover the cost of labor, equipment operation, and material necessary to eliminate the residue of oil spillage, and the cost of restoring the area damaged by the spillage to its original condition. Any compensatory fees collected by the Department for costs incurred by a person authorized to respond to an oil spillage shall be reimbursed to that person by the Department.

The person responsible for the oil spillage shall be liable to any other person for any damage to his real or personal property directly caused by the spillage. In this subsection, “owner of an underground oil storage tank” includes any person who: Causes an underground oil storage tank to be installed; or Acquires, other than through a lease or rental, and uses an underground oil storage tank. The Department shall adopt regulations requiring the owner of an underground oil storage tank to provide evidence of financial responsibility for costs of cleanup, corrective action, and third party liability in the event of a discharge. Tanks subject to the financial responsibility requirements of this subsection shall be the same as those tanks for which financial assurance is required under Subtitle I of the Resource Conservation and Recovery Act, and limits of coverage shall be the same as those imposed under that act.

Except in case of emergency imperiling life or property, unavoidable accident, collision, or stranding, or as authorized by a permit issued under § 9–323 of this article, it is unlawful for any person to discharge or permit the discharge of oil in any manner into or on waters of this State. Notwithstanding any provision of this subtitle, any person discharging or permitting the discharge of oil, or who either actively or passively participates in the discharge or spilling of oil either from a land–based installation, including aboveground or underground storage tanks and vehicles in transit, or from any vessel, barge, ship, or boat of any kind, shall report the incident immediately to the Department. The person shall remain available until clearance to leave is given by the appropriate officials designated by the Department. To administer this section the Department of the Environment may use the organization, equipment, and units, including engineering, clerical, and other personnel, employed in the improvement and preservation of waters and natural resources of the State to enforce the laws for the preservation and protection of the waters and natural resources of the State. Any person authorized by law to make arrests may apply for a warrant, arrest, and take into custody, with or without process, any person who violates any provision of this section. However, a person may not be arrested without process for a violation not committed in the presence of one of the aforesaid officials. If any person is arrested under the provisions of this section, the person arrested immediately shall be brought before a judge or court of the State for examination of the offense alleged against him. Whenever any person, vessel, barge, ship, or boat is accused of violating any provision of this section, the arresting officer shall notify the Department of the Environment in writing to permit the Department to take any advisable action. The provisions of this subsection are directory only. This section shall be in addition to the laws existing prior to June 1, 1949, for the preservation and protection of waters of the Chesapeake Bay and its tributaries. It does not repeal, modify, or in any manner affect the provisions of those laws.

In this section the following words have the meanings indicated. “Barrel” means any measure of petroleum products or its by–products which consists of 42.0 U.S. gallons of liquid measure. “Fund” means the Maryland Oil Disaster Containment, Clean–Up and Contingency Fund. “Transfer” means the offloading or onloading of oil into the State from or to any commercial vessel, barge, tank truck, tank car, pipeline, or any other means used for transporting oil. A person other than a vessel or barge may not transfer oil into the State without a license. 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 transferred into the State under a license shall be: Paid by the licensee that owns the oil when the oil is first transferred into the State; and Imposed only once, at the point of first transfer into the State. The fee under paragraph (2) of this subsection shall be credited to the Maryland Oil Disaster Containment, Clean–Up and Contingency Fund and based on: Before July 1, 2030, a 9 cents per barrel fee for oil transferred into the State; and On or after July 1, 2030, a 5 cents per barrel fee for oil transferred into the State. 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. When the balance in the Maryland Oil Disaster Containment, Clean–Up and Contingency Fund from the monthly license fees paid under paragraph (3)(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 (3)(i) of this subsection shall be abated until: The balance in the Fund from the license fees becomes less than or equal to $4,000,000; or 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. 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. The Department shall adopt 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. 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. 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. 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 Fund may also be used by the Department for oil–related activities in water pollution control programs. 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 Fund 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. Notwithstanding any other provision of this section, in fiscal years 2019, 2020, and 2021 only, the Fund may be used to pay costs associated with the purposes of the Oil Contaminated Site Environmental Cleanup Fund specified in § 4–704 of this title. In fiscal years 2022 through 2029, the Fund may be used to reimburse the residential owner of a heating oil tank that applied, on or before June 30, 2024, to the Oil Contaminated Site Environmental Cleanup Fund under § 4–705(b)(2) of this title. 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 money credited to the Fund only for the following purposes: Administrative expenses, personnel expenses, and equipment costs of the Department related to the purposes of this section; 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; Development of containment and clean–up equipment, plans, and procedures in accordance with the purposes of this section; Paying insurance costs by the State to extend or implement the benefits of the Fund; Expenses related to oil–related activities in the Department’s water pollution control programs; In fiscal years 2019, 2020, and 2021 only, paying costs associated with the purposes of the Oil Contaminated Site Environmental Cleanup Fund specified in § 4–704 of this title; and In fiscal years 2022 through 2029, reimbursing the residential owner of a heating oil tank that applied, on or before June 30, 2024, to the Oil Contaminated Site Environmental Cleanup Fund under § 4–705(b)(2) of this title. The Department shall provide the standing committees of the Maryland General Assembly with primary jurisdiction over this section with a status report on the Fund on or before January 1 of each year in accordance with § 2–1257 of the State Government Article. The report shall include an accounting of all money expended for each of the purposes specified in subsection (g) of this section.

On or before July 1, 1990, the owner, operator, or person in charge of an underground oil storage facility shall register the underground oil storage facility with the Department. Unless an underground oil storage facility is registered with the Department in accordance with the provisions of subsection (a) of this section and is in substantial compliance with State law and regulations relating to oil storage, as defined by regulation, no oil may be sold to or received by the underground oil storage facility. For the purposes of this section, if any underground oil storage facility registered with the Department under subsection (a) of this section is removed, or no longer in use, the owner, operator, or person in charge of the underground oil storage facility shall notify the Department not later than 30 days after the removal or discontinuance of use. The Department shall adopt regulations to: Implement the provisions of this section; and Define “underground oil storage facility”.

Within 14 days of the finding, the Department shall notify the appropriate local health department of a finding that a groundwater monitoring well sample taken from a high–risk groundwater use area, as defined by the Department, contains: Methyl tertiary butyl ether at or in excess of 20 parts per billion; Benzene at or in excess of 5 parts per billion; or A combination of benzene, toluene, ethyl benzene, and xylene at or in excess of 100 parts per billion. Except as provided in paragraph (2) of this subsection, the Department shall notify each owner of property within one–half mile of the site from which the sample was taken. If the Department and the local health department agree, the local health department shall give the notice required under this section. The notification shall: Be mailed within 14 days of the receipt of a notice from the Department under subsection (a) of this section; Be mailed via certified mail; and Provide the property owner with information regarding the amount of contamination at the site. The person responsible for the release that resulted in the groundwater contamination shall reimburse the Department or the local health department for the costs associated with providing the notice required under subsection (b) of this section.

Whenever the Department believes a violation of any provision of this subtitle or any rule or regulation has occurred, it shall cause a written complaint to be served upon the alleged violator. The complaint shall specify the provision of law or rule or regulation allegedly violated and the alleged fact that constitutes the violation. Subsequent to or concurrent with service of the complaint as provided in subsection (c) of this section, the Department may exercise one of the following options: Issue an order requiring necessary corrective action be taken within the time prescribed in its order. Any person named in the order may request in writing a hearing before the Department not later than ten days after the date the order is served, in which case a hearing shall be scheduled within ten days from receipt of the request. A decision shall be rendered within ten days from the date of the hearing; Require the alleged violator to file a written report regarding the alleged violation; Require the alleged violator to appear before the Department at a time and place the Department specifies to answer the charge outlined in the complaint; or Require the alleged violator to file a written report regarding the alleged violation and appear before the Department at a time and place the Department specifies to answer the charges outlined in the complaint. If the Department exercises the option provided by paragraph (1)(ii) of this subsection, the alleged violator may request in writing a hearing before the Department not later than ten days after the date that notice of the requirement of the written report is served. The appearance of the alleged violator before the Department under the options provided by paragraph (1)(iii) or (iv) of this subsection constitutes an administrative hearing, and the party has the right of any party in a contested case provided in §§ 10–205, 10–208, and 10–209 of the State Government Article. If the Department exercises the option provided by paragraph (1)(ii), (iii), or (iv) of this subsection, it may not issue an order requiring corrective action to be taken as a result of the alleged violation before expiration of the time set for filing any report and holding any hearing required under these paragraphs. Thereafter, the Department may issue an order requiring necessary corrective action be taken within the time prescribed in the order. A person is not entitled to a hearing before the Department as a result of this order. Notice of a hearing or of a requirement that a written report be filed shall be served on the alleged violator in accordance with the provisions of subsection (c) of this section not less than ten days before the time set for the hearing or filing of a report. Every order the Department issues under the provisions of this section shall be served on the person affected in accordance with the provisions of subsection (c) of this section. The order shall become effective immediately according to its terms upon service. A person aggrieved by an order or permit issued may obtain immediate judicial review under the provisions of §§ 10–222 and 10–223 of the State Government Article and the Maryland Rules. Except as otherwise provided, any notice, order, or other instrument issued by or under authority of the Department may be served in accordance with § 1–204 of this article or by publication on any person affected. If service is made by certified mail, return receipt requested, proof of service may be made by the sworn statement or affidavit of the person who mailed the notice, order, or other instrument. The sworn statement or affidavit shall be filed with the Department. A verbatim record of the proceedings of hearings may be taken when necessary or advisable by the Department. A subpoenaed witness shall receive the same fees and mileage as in any civil action. If a witness refuses to obey a notice of hearing or subpoena issued under this section, any circuit court, upon the application of the Department, may issue an order requiring the person to appear, testify, or produce evidence as required. The failure to obey a court order may be punished by the court as contempt.

Except as provided in subsection (b) of this section, or except as authorized by a permit issued under § 9-323 of this article, it is unlawful for any person to add, introduce, leak, spill, or otherwise emit soil or sediment into waters of the State or to place soil or sediment in a condition or location where it is likely to be washed into waters of the State by runoff of precipitation or by any other flowing waters. A person engaged in agricultural land management practices, as defined by the Department for the purposes of Subtitle 1 of this title, may not add, introduce, leak, spill, or otherwise emit soil or sediment into waters of the State unless that person is implementing and maintaining a soil conservation and water quality plan approved by the local soil conservation district. If a person engaging in agricultural land management practices without a district approved soil conservation and water quality plan complies with an order for corrective action issued under § 4-412(a) of this subtitle, that person shall not be subject to penalties as provided under § 4-417 of this subtitle. With the approval of the Department of Agriculture, the Department of the Environment shall adopt regulations to implement subsection (b) of this section.

The Department of Natural Resources, in cooperation with other appropriate agencies, shall evaluate and monitor the dumping of all dredged spoil and similar type operations in the waters of the State. The frequency of monitoring during actual operations shall be sufficient to promptly identify any irregular or unanticipated occurrence within sufficient time to modify or terminate the operations before environmental damage occurs. All monitoring data shall be made available promptly to the public.

If a violation of any provision of this subtitle has occurred and the existence of the violation has been finally determined, the Department shall promptly issue an order requiring the correction of each violation found to have occurred, and the Department shall secure compliance with the provisions of the order. If the terms of the order are violated or if the violation has not been corrected within the time specified in the order, the violation shall be referred to the Attorney General, who, in addition to any other action taken or which he elects to take against the violator, shall take appropriate legal action to require correction of the violation. This section does not prevent the Attorney General or the Department from taking action against the violator before the expiration of the time limitations or schedules in the order.

At any reasonable time, to carry out duties under this subtitle, a representative of the Department may enter any oil storage facility or vessel or barge in or entering upon the waters of the State to discharge or receive a cargo of any bulk oil: To inspect the vessel, barge, or oil storage facility; To obtain water, air, or soil samples; and To measure the volume and kinds of substances that are received or stored. The Department may enter any property and assume control of any oil spill situation when it determines that a responsible party is not: Acting promptly to remove the spill; or Undertaking removal or mitigation in a manner appropriate to control or rectify the conditions causing the condition. If entry is denied under this section, the Secretary may seek an injunction to enter the facility or property.

The Attorney General, on the request of the Department, shall prosecute criminal cases or bring an action for an injunction against any person violating the provisions of this title, or violating any valid order or permit issued by the Department. In any action for an injunction brought pursuant to this section, any finding of the Department after hearing shall be prima facie evidence of each fact found. Upon a showing by the Attorney General, in behalf of the Department, that any person is violating or is about to violate the provisions of this subtitle or is violating or is about to violate any valid order or permit issued by the Department, an injunction shall be granted without the necessity of showing a lack of adequate remedy at law. In circumstances of emergency creating conditions of imminent danger to the public health, welfare or the environment, the Attorney General, on behalf of the Department, may institute a civil action for an immediate injunction to halt any pollution or other activity causing the danger.

Any person who violates any provision of this subtitle, or any rule, regulation, order, or permit issued pursuant thereto, shall be liable for a penalty not exceeding $25,000 for the violation, which may be recovered in a civil action, and the person may be enjoined from continuing the violation, as provided by this subtitle. Each day upon which the violation occurs constitutes a separate offense. Any person who violates any of the provisions of, or who fails to perform any duty imposed by, this subtitle, or any regulation or order issued under it, or the provisions of any permit of the Department made pursuant to this subtitle is guilty of a misdemeanor, and upon conviction, is subject to a fine not exceeding $50,000 or by imprisonment not exceeding one year, or both, and, in addition, may be enjoined from continuing the violation. If the conviction is for a violation committed after a first conviction of the person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation or by imprisonment not exceeding two years or both, and in addition, the person may be enjoined from continuing the violation. Each day upon which a violation occurs constitutes a separate offense. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this title, or by any permit, rule, regulation or order issued under this title, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this title or by any permit, rule, regulation, or order issued under this title, upon conviction, is subject to a fine not exceeding $10,000, or by imprisonment not exceeding six months or both. In addition to any other remedies available at law or in equity, a civil penalty may be assessed for violation of any provisions of this subtitle, or rules, regulations, orders or permits issued pursuant thereto. The penalty may be assessed by the Secretary of the Environment, or a hearing officer designated in writing by the Secretary, after an opportunity for a hearing which may be waived in writing by the person accused of a violation. The civil penalty assessed shall be up to $10,000 for each day of violation, not exceeding a total sum of $100,000; consideration shall be given to the willfulness of the violation; to the damage or injury to the waters of the State or the impairment of its uses; to the cost of clean-up; to the nature and degree of injury to or interference with general welfare, health, and property; to the suitability of the waste source to its geographic location, including priority of location; to the available technology and economic reasonableness of controlling, reducing, or eliminating the waste; and other relevant factors. It is payable to the State and collectible in any manner provided at law for the collection of debts. If any person liable to pay the penalty neglects or refuses to pay it after demand, the amount, together with interest and any costs that may accrue, shall be a lien in favor of the State upon the property, both real and personal, of the person and shall be recorded in the clerk of court’s office for the political subdivision in which the property is located. Except for penalties collected for violations of Section 4-413 of this subtitle, moneys shall be placed in the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund under Section 4-411(f) of this subtitle.

Any person responsible for a discharge of oil in violation of § 4-410(a) or (b) of this subtitle is: Guilty of a misdemeanor and on conviction is subject to a fine or imprisonment or both for each offense as provided in § 4-417(b) of this subtitle; Subject to the civil penalties set forth in § 4-417(a) of this subtitle; and Liable for the pecuniary penalty specified in § 4-417(d) of this subtitle. In addition to any other civil, criminal, or administrative penalty available, a person responsible for a discharge who violates § 4-410(a) or (b) of this subtitle in connection with a discharge or spill of oil exceeding 25,000 gallons is liable for a penalty, which may be recovered in a civil action, of up to $100 for each gallon discharged or spilled. Clearance of a vessel or barge from a port of the State may be withheld until all penalties assessed under this subtitle and all compensatory fees charged under § 4-408 of this subtitle are paid. The penalties and compensatory fees constitute a lien on the vessel. All penalties collected under this section shall be paid into the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.

Notwithstanding any other provision of law, a person is not liable for costs of containment, cleanup, and removal of the discharge or damages as a result of acts or omissions taken in the course of rendering care, assistance, or advice consistent with this subtitle and the National Contingency Plan, or as otherwise directed by the federal on–scene coordinator or appropriate State official unless: The person is a person responsible for the discharge in accordance with § 4–401(j) of this subtitle; The person is a responsible party as defined by the federal Oil Pollution Act of 1990; or The person is grossly negligent or engages in willful misconduct. Nothing in subsection (a) of this section shall be construed to affect or limit any cause of action for personal injury or wrongful death arising from an act or omission of a person responding to a discharge. A responsible party as defined by the federal Oil Pollution Act of 1990 or a person responsible for the discharge as defined in § 4–401(j) of this subtitle is liable for any containment, cleanup, and removal costs or damages that another person is relieved of under this section.

This section applies to the removal of heating oil tanks from a residential property, when permanently abandoning the use of heating oil as a fuel at the property, whether by converting a heating system from the use of heating oil to another fuel, or otherwise. Immediately upon abandonment of the use of heating oil as a fuel at the property, the owner of the heating oil tank shall: Remove all flammable and combustible liquids from the heating oil tank and from all piping and piping connections; Remove from the property the heating oil tank, if not in serviceable or operable condition, and all piping and piping connections used for supplying heating oil to the heating system; or In the case of an underground heating oil tank, fill in the tank with dirt, sand, gravel, or similar material; Remove any outside filling pipe or secure the pipe against accidental filling; and Dispose of all flammable and combustible liquids, and the heating oil tank if required, in accordance with the requirements of this article and other applicable State and federal laws. If the abandonment of the use of heating oil occurs as a result of conversion to another heating fuel, the converted heating system shall be inspected in accordance with applicable law.