Section 4-418 - Violations of § 4-410; enforcement and disposition of penalties and compensatory fees. - Maryland Statutes

§ 4-418. Violations of § 4-410; enforcement and disposition of penalties and compensatory fees.
 

(a)  In general.- 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 § 4-417(a) of this subtitle; and 

(3) Liable for the pecuniary penalty specified in § 4-417(d) of this subtitle. 

(b)  Additional penalties.- 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. 

(c)  Enforcement; liens.- 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. 

(d)  Disposition of penalties collected.- All penalties collected under this section shall be paid into the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund. 
 

[An. Code 1957, art. 96A, § 29; 1973, 1st Sp. Sess., ch. 4, § 1; 1976, ch. 183, § 1; 1987, ch. 306, § 3; 1988, ch. 6, § 1; 1990, ch. 66.]