1. (a) Any person responsible for a discharge of oil in violation of § 4-410(a) or (b) of this subtitle is:

   1. (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. (2) Subject to the civil penalties set forth in § 4-417(a) of this subtitle; and
   3. (3) Liable for the pecuniary penalty specified in § 4-417(d) of this subtitle.
2. (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.
3. (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.
4. (d) All penalties collected under this section shall be paid into the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.

Added by Acts 1973, 1st Sp. Sess., c. 4, § 1. Amended by Acts 1976, c. 183, § 1; Acts 1987, c. 306, § 3; Acts 1988, c. 6, § 1; Acts 1990, c. 66.

Formerly Art. 96A, § 29.