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.]