Section 4-415.1 - Entry and access to property.
§ 4-415.1. Entry and access to property.
(a) In general.- 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.
(b) Corrective action.- 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.
(c) Injunctions.- If entry is denied under this section, the Secretary may seek an injunction to enter the facility or property.
[1989, ch. 808; 1990, ch. 66.]