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, […]
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 […]
(a) For the purposes of this subtitle, the Department of the Environment shall have and may exercise the following powers and duties: (1) General supervision over the administration and enforcement of this subtitle and all rules, regulations, and orders promulgated pursuant to it; (2) Develop comprehensive programs and plans for prevention, control, and abatement of pollution of the […]
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.
(a) 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 […]
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 […]
(a) 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. (b) (1) In this subsection, “owner of an underground oil storage tank” includes any person who: (i) Causes an underground oil storage tank to be installed; or (ii) Acquires, other than […]
(a) 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. (b) Notwithstanding any provision of […]
(a) (1) In this section the following words have the meanings indicated. (2) “Barrel” means any measure of petroleum products or its by–products which consists of 42.0 U.S. gallons of liquid measure. (3) “Fund” means the Maryland Oil Disaster Containment, Clean–Up and Contingency Fund. (4) “Transfer” means the offloading or onloading of oil in the State from or to any […]
(a) 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. (b) 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 […]
(a) 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: (1) Methyl tertiary butyl ether at or in excess of 20 parts per billion; (2) Benzene at or in excess […]
(a) (1) 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 […]
(a) 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 […]
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 […]
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 […]
(a) 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: (1) To inspect the vessel, barge, or oil storage facility; (2) To […]
(a) 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 […]
(a) 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 […]
(a) Any person responsible for a discharge of oil in violation of § 4-410(a) or (b) of this subtitle is: (1) 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; (2) Subject to the civil penalties set forth in § […]
(a) 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 […]
