Terms Used In Maryland Code, ENVIRONMENT 4-418

  • Conviction: A judgement of guilt against a criminal defendant.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(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.