Violations of Section 4-410; enforcement and disposition of penalties and compensatory fees

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

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

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


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