(1) No person shall operate or cause to be operated a terminal facility as defined in section 703(9) of this chapter without a license.
(2) Licenses shall be issued on an annual basis and shall expire on December 31st annually, subject to such terms and conditions as the Department may determine are necessary to carry out the purposes of this chapter.
(3) 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, territorial and federal plans and regulations for control of pollution related to oil, petroleum products or their by-products and other pollutants and the abatement thereof when a discharge occurs.
(4) Licenses issued to any terminal facility shall include vessels used to transport oil, petroleum products or their by-products and other pollutants between the facility and vessels within territorial waters.
(5) The Department may require, in connection with the issuance of a terminal facility license, the payment of a reasonable fee for processing applications for registration certificates. The fee shall be reasonably related to the administrative costs of verifying data submitted pursuant to obtaining the certificates and reasonable inspections; however, the fee shall not exceed $250 per terminal facility per year.
(6) No later than December 1, 1974, every owner or operator of a terminal facility shall obtain a license. The Department shall issue a license upon the showing that the registrant can provide all necessary equipment to prevent, contain and remove discharges of oil and other pollutants.
(7) On or after a date to be determined by the Department but in no case later than December 1, 1974, no person shall operate or cause to be operated any terminal facility without a terminal facility registration certificate issued by the Department. No registration certificate shall be valid for more than one (1) year unless revalidated by the Department. Each applicant for a terminal facility registration certificate shall pay the annual license fee and shall submit information, in a form satisfactory to the Department, describing the following:
(a) The barrel or other measurement capacity of the terminal facility.
(b) All containment and removal equipment, including, but not limited to, vehicles, vessels, pumps, skimmers, booms, chemicals and communication devices to which the facility has access, whether through direct ownership or by contract or membership in an approved discharge cleanup organization.
(c) The terms of agreement and operation plan of any discharge cleanup organization to which the owner or operator of the terminal facility belongs.
(8) Upon showing of satisfactory containment and cleanup capability under this section, and upon payment of any license fee required by the Department under this chapter, the applicant shall be issued a registration certificate covering the terminal facility and related appurtenances, including vessels as defined in section 703 of this chapter.