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<regulation prefix="Regulation" num=".08" citation="COMAR 26.10.01.08" title_num="26" subtitle_num="10" chapter_num="01" heading="Oil Transfer License.">
  <paragraph num="A.">
    <text>Oil Transfer License Requirement. Except for a vessel or barge, a person may not transfer oil in the State without an Oil Transfer License issued by the Department.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Application Requirements. Before an Oil Transfer License may be issued by the Department, an applicant shall submit to the Department all of the following information:</text>
    <paragraph num="(1)">
      <text>A completed application on a form provided by the Department;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If applicable, satisfactory evidence that the applicant has implemented or is in the process of implementing:</text>
      <paragraph num="(a)">
        <text>State and federal plans and regulations to control pollution related to oil, petroleum products, and their byproducts; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A plan for the abatement of pollution related to oil, petroleum products, and their byproducts when a spill, release, or discharge occurs;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Proof that the applicant is registered with the Maryland Department of Assessments and Taxation and that the person is in good standing with the State at the time the application for an Oil Transfer License is submitted;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Proof of Workers’ Compensation Insurance or, if not required, a certificate of compliance with the Maryland Workers’ Compensation Act; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Proof of the applicant’s registration with the Comptroller of Maryland’s Motor Fuel Tax Unit or a signed document that registration by the applicant with the unit is not required.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>License Effective Period. An Oil Transfer License issued by the Department has an effective period of 5 years, unless the license is:</text>
    <paragraph num="(1)">
      <text>Surrendered, suspended, revoked, or otherwise terminated by the Department; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Issued by the Department, with reasons stated, with an effective period of less than 5 years.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>License Renewal.</text>
    <paragraph num="(1)">
      <text>In addition to satisfying the requirements under §B of this regulation, a licensee applying to renew an Oil Transfer License may not have any tax liabilities with the Comptroller of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>When a tax liability is identified, the licensee will be notified by the Department and the license renewal process will stop until the liability is resolved.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The licensee shall determine the cause of the tax liability and notify the Department in writing when the liability is resolved.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>License Cancellation. A licensee that determines they no longer require an Oil Transfer License shall notify the Department in writing within 60 days of making the determination.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Oil Transfer Fee.</text>
    <paragraph num="(1)">
      <text>The Department shall impose a fee on each barrel of oil transferred in the State, with the fee assessed only once at the first point of transfer in the State.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The fee amount is established under Environment Article, §4-411, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The licensee that offloads or onloads oil at the first point of transfer in the State is responsible for paying the fee.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A licensee shall pay the fee on a quarterly basis to the Department not later than the following due dates or, if the payment is received by the Department after a due date, postmarked two days before the following due dates:</text>
      <paragraph num="(a)">
        <text>First Quarter (July, August, September) — October 31;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Second Quarter (October, November, December) — January 31;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Third Quarter (January, February, March) — April 30; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Fourth Quarter (April, May, June) — July 31.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Reports Required. A licensee, including one that does not transfer oil during one or more quarters identified in §F of this regulation, shall:</text>
    <paragraph num="(1)">
      <text>Report to the Department the barrels of oil transferred each quarter on forms provided by the Department; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Submit the completed forms with the fee payment to the Department in accordance with §F of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>The transfer of the following products are exempt from the oil transfer fee and reporting requirements:</text>
    <paragraph num="(1)">
      <text>Oil in containers of less than 100 gallons capacity; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Oil products not listed under §I of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>The following oil and petroleum products are subject to the license fee:</text>
    <paragraph num="(1)">
      <text>Gasoline;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Gasohol, including:</text>
      <paragraph num="(a)">
        <text>Alcohols denatured with oil; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Ethanol that is intended to be used as a motor fuel or fuel source;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Kerosene;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Aviation fuels;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Diesel motor fuel, including biodiesel fuel, regardless of whether the fuel is petroleum based;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Heating oil;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Fuel oils, including fuel oil that is blended or mixed with:</text>
      <paragraph num="(a)">
        <text>Biofuels; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Processed or re-refined used oil;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>Liquid asphalts;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Hydraulic oils;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Lubricating oils; and</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Crude oil.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>Audits.</text>
    <paragraph num="(1)">
      <text>The Department may perform audits of a report, required under §G of this regulation, submitted by a licensee to ensure the licensee is reporting properly and completely.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Upon the request of the Department, a licensee shall provide records to the Department during an audit in accordance with Regulation .20 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>Failure to Submit Oil Transfer Fee Payments and Reports.</text>
    <paragraph num="(1)">
      <text>If a licensee fails to submit an oil transfer fee payment and accompanying report to the Department for a given quarter, the Department shall determine the amount of oil transfer fee due using available information and provide notice of this determination to the licensee liable for payment of the oil transfer fee.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A licensee shall have an opportunity for a contested case hearing if the licensee files a written request with the Department within 30 calendar days of receiving a notice of determination issued under §K(1) of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A determination made in accordance with §K(1) of this regulation is considered final, unless:</text>
      <paragraph num="(a)">
        <text>The licensee liable for the oil transfer fee payment requests a hearing in accordance with §K(2) of this regulation; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Department, on its own, redetermines the oil transfer fee amount owed by the licensee liable for the oil transfer fee payment.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The Department shall conduct a contested case hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
</regulation>