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§ 4-415.1. Department right of entry

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 4. Water Management (Refs & Annos)
Subtitle 4. Water Pollution Control and Abatement
MD Code, Environment, § 4-415.1
§ 4-415.1. Department right of entry
Currentness
Inspection of oil storage facility, vessel or barge
(a) At any reasonable time, to carry out duties under this subtitle, a representative of the Department may enter any oil storage facility or vessel or barge in or entering upon the waters of the State to discharge or receive a cargo of any bulk oil:
(1) To inspect the vessel, barge, or oil storage facility;
(2) To obtain water, air, or soil samples; and
(3) To measure the volume and kinds of substances that are received or stored.
Assuming control of oil spill situation
(b) The Department may enter any property and assume control of any oil spill situation when it determines that a responsible party is not:
(1) Acting promptly to remove the spill; or
(2) Undertaking removal or mitigation in a manner appropriate to control or rectify the conditions causing the condition.
Injunctions
(c) If entry is denied under this section, the Secretary may seek an injunction to enter the facility or property.

Credits

Added by Acts 1989, c. 808. Amended by Acts 1990, c. 66.
MD Code, Environment, § 4-415.1, MD ENVIR § 4-415.1
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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