# Environment (GEN) ## Title 5. Water Resources ### Subtitle 1. In General #### Section 5-101 (a) In this title the following words have the meanings indicated. (b) "Administration" means the Water and Science Administration. (c) "Appropriate county governing body" means the county commissioners of any nonchartered county or the county council of any chartered county in which a portion of the watershed is located. (d) "County" includes Baltimore City unless otherwise indicated. (e) "Department" means the Department of the Environment. (f) "Director" means the Director of the Water and Science Administration. (g) "Person" includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. (h) (1) "Pollution" means every contamination or other alteration of the physical, chemical, or biological properties of any waters of the State. (2) "Pollution" includes change in temperature, taste, color, turbidity, or odor of the waters of the State or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any waters of the State as will render the waters of the State harmful, detrimental, or injurious to public health, safety, or welfare, domestic, commercial, industrial, agricultural, recreational, other legitimate beneficial uses, or livestock, wild animals, birds or fish or other aquatic life. (i) "Public water system" has the meaning stated in Sec. 9-401 of this article. (j) "Secretary" means the Secretary of the Environment. (k) "Water management strategy area" means an area designated by the Department in which a specific water resource problem has been identified and for which the Department has adopted specific water use restrictions or criteria for permit approval in order to protect the water resource or existing water users. (l) "Waters of the State" includes: (1) Both surface and underground waters within the boundaries of the State subject to its jurisdiction; (2) That portion of the Atlantic Ocean within the boundaries of the State; (3) The Chesapeake Bay and its tributaries; (4) All ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and (5) The floodplain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency. #### Section 5-102 An appropriation or use permit under Sec. 5-502 of this title may not be refused for domestic use of a well on a farm. ### Subtitle 2. Organization and Authority of Unit Pertaining to Water and Water Resources -- in General #### Section 5-201 (a) There is a Water and Science Administration in the Department. (b) (1) The Administration shall be adequately staffed and organized to carry out the provisions of this title and at salaries provided in the State budget. (2) Subject to the Secretary's authority as provided in Title 1 of this article, the Administration's staff shall be appointed and removed in accordance with the provisions of the State Personnel and Pensions Article. (c) The Secretary shall designate the appointing authority for the Administration. #### Section 5-203 (a) The Department has general supervisory power, regulation, and control over the water resources of the State within the boundaries of the tidal waters as provided in this article. (b) The Department shall exercise to the fullest extent possible the State's responsibility for its water resources by planning and supervising multiple purpose development and conservation of the waters of the State for the State's best interests and benefit. The Department shall develop a general water resources program which contemplates proper conservation and development of the waters of the State, in a manner compatible with multiple purpose management on a watershed or aquifer basis, or any other appropriate geographical unit. The program shall recognize and be consistent with functions of other State units. The Department shall be guided by the program in the performance of its duties. (c) The Department may make or cause to be made surveys, maps, investigations, and studies of water resources of the State necessary to provide sufficient information to formulate a program and perform its duties. The Department may contract for research or scientific investigation with the Natural Resources Institute of the University of Maryland, the Chesapeake Bay Institute of The Johns Hopkins University, or other appropriate research organizations. (d) The Department may operate, sell, buy, lease, exchange, rent, or repair any vehicle, vessel, boat, net, or other equipment necessary for its work. The Department may furnish a vehicle, vessel, or boat which the Department owns or operates with any required arms, ammunition, or equipment. The Department's authority under this subsection is subject to the provisions of the code relating to budget and procurement. (e) In addition to powers and duties stated in this title, the Department may exercise authority reasonably necessary to carry out the purposes of this title. (f) (1) The Department may issue orders for corrective measures to any person who the Department believes to be violating any provision of this title or any regulation adopted under this title. (2) The person to whom an order is issued may, on request, contest the order in a hearing before the Department. The Department, by regulation, shall adopt procedures by which the hearings are held. (3) A court action for violation of the terms of an order may not be instituted unless the violator has had opportunity for an administrative hearing. However, regardless of whether an order for corrective measures has been issued, the Department at any time may refer an alleged violation of this title or any regulation adopted under this title directly to the Attorney General for appropriate court action. This subsection does not prevent the Attorney General from taking immediate action against the violator. #### Section 5-203.1 (a) (1) In this section the following words have the meanings indicated. (2) (i) "Commercial activity" means a project or activity undertaken for consideration, regardless of whether a profit is made. (ii) "Commercial activity" includes: (1) A subdivision; (2) A development; and (3) Constructing or operating a marina. (3) "Commercial building" means a building that is used primarily for commercial activity. (4) "Development" means a project for the construction of: (i) Two or more residential dwelling units; (ii) A commercial structure; or (iii) An industrial structure. (5) "Dwelling unit" means a property that contains: (i) One or more rooms used as a residence; (ii) Kitchen facilities; and (iii) Bathroom facilities. (6) "Major project" means a project that: (i) Proposes to permanently impact 5,000 square feet or more of wetlands or waterways, including the 100-year floodplain; (ii) Is located in an area identified as potentially impacting a nontidal wetland of special State concern by a geographical information system database that: (1) Has been developed and maintained by the Department of Natural Resources; and (2) Is used by the Department to screen incoming applications; or (iii) Requires the issuance of a public notice by the Department. (7) "Marina" means a facility for the mooring, docking, or storing of more than 10 vessels on tidal navigable waters, including a commercial, noncommercial, or community facility. (8) "Minor project" means a project that: (i) Proposes to permanently impact less than 5,000 square feet of wetlands or waterways, including the 100-year floodplain; and (ii) Does not meet the definition of a major project. (9) "Residential activity" means a noncommercial activity that is conducted on residential property. (10) (i) "Residential property" means improved property that is used primarily as a residence or unimproved property that is zoned for use as a residence. (ii) "Residential property" includes: (1) Property owned by a homeowners' association; and (2) A condominium. (iii) "Residential property" does not include: (1) A commercial building; (2) A marina; or (3) A residential apartment complex or building. (11) (i) "Subdivision" means the division of a lot, tract, or parcel of land into two or more lots, plots, sites, tracts, parcels, or other divisions for the immediate or future purpose of selling or development. (ii) "Subdivision" includes resubdivision. (12) "Tier II High Quality Watershed" means the land and water areas that drain toward or into a Tier II High Quality Watershed as designated and identified in a geographic information system by the Department. (b) (1) Except as provided under paragraphs (2), (3), (6), and (7) of this subsection, all applications for wetlands and waterways authorizations issued by the Department under Sec.Sec. 5-503 and 5-906 of this title and Sec.Sec. 16-202, 16-302, and 16-307 of this article or wetlands licenses issued by the Board of Public Works under Sec. 16-202 of this article shall be accompanied by an application fee as follows: (i) For an application for a minor project or general permit....................................................................................................................... $980; (ii) For an application for a minor modification................. $330; (iii) For an application for a major project with a proposed permanent impact of: (1) Less than 1/4 acre............................................ $1,950; (2) At least 1/4 acre, but less than 1/2 acre.......... $3,890; (3) At least 1/2 acre, but less than 3/4 acre.......... $5,830; (4) At least 3/4 acre, but less than 1 acre............. $7,780; and (5) 1 acre or more.......the impact area in acres multiplied by $9,720; and (iv) For an application for a major modification.............. $1,950. (2) The following are exempt from the application fees established under paragraph (1) of this subsection: (i) Regulated activities conducted by the State, a municipal corporation, county, bicounty or multicounty agency under Division II of the Land Use Article or Division II of the Public Utilities Article, or a unit of the State, a municipal corporation, or a county; (ii) Performance of agricultural best management practices contained in a soil conservation and water quality plan approved by the appropriate soil conservation district; (iii) Performance of forestry best management practices contained in an erosion and sediment control plan: (1) Prepared by a registered forester; and (2) Approved by the appropriate soil conservation district; (iv) Stream restoration, vegetative shoreline stabilization, wetland creation, or other project in which the primary effect is to enhance the State's wetland or water resources; and (v) Aquacultural activities for which the Department of Natural Resources has issued a permit under Title 4, Subtitle 11A of the Natural Resources Article. (3) Except as provided in paragraph (4) of this subsection, the following shall be minor projects and subject to the appropriate application fee under paragraphs (1)(i) and (ii) and (7)(i) of this subsection: (i) A residential activity issued a permit under Sec.Sec. 5-503 and 5-906 of this title and Sec.Sec. 16-202, 16-302, and 16-307 of this article; and (ii) A mining activity undertaken on affected land as identified in a permit issued under Title 15 of this article. (4) Subject to paragraphs (5) and (7) of this subsection, an application for the following minor projects shall be accompanied by the following application fees: (i) Installation of: (1) One boat lift or hoist, not exceeding four boat lifts or hoists per pier; (2) One personal watercraft lift or hoist, not exceeding six personal watercraft lifts or hoists per pier; or (3) A combination of boat lifts or hoists and personal watercraft lifts or hoists, not exceeding six lifts or hoists per pier, of which not more than four lifts or hoists are boat lifts or hoists $385; (ii) Installation of a maximum of six mooring pilings........ $390; (iii) In-kind repair and replacement of structures............. $390; (iv) Installation of a fixed or floating platform on an existing pier where the total platform area does not exceed 200 square feet............................................................................................................................ $390; (v) Construction of a nonhabitable structure that permanently impacts less than 1,000 square feet, such as a driveway, deck, pool, shed, or fence.......................................................................................................................... $390; (vi) Replacement of an existing bulkhead where the replacement bulkhead does not exceed more than 18 inches channelward of the existing structure..................................................................................................... $650; and (vii) In-kind repair and replacement of existing infrastructure........................................................................................................... $650. (5) The Department may not require an application fee for: (i) The installation of a boat lift, hoist, or personal watercraft lift on existing pilings; or (ii) If the existing structure is functional and there is no increase in the original length, width, height, or channelward encroachment authorized under Sec. 16-202, Sec. 16-302, or Sec. 16-307 of this article, the routine maintenance, repair, or replacement of: (1) A highway structure; (2) A pier; (3) A boathouse; (4) A structure on a pier; (5) A bulkhead; (6) A revetment; (7) A tidal impoundment dike; (8) A water control structure; (9) An aboveground transmission facility; (10) An agricultural drainage ditch; or (11) A highway drainage ditch. (6) The application fee for a structural shoreline stabilization project located on or adjacent to a State-owned lake may not exceed $290. (7) Except as provided in paragraphs (2) and (5) of this subsection, all applications for wetlands and waterways authorizations issued by the Department for activities proposed in a Tier II High Quality Watershed shall be accompanied by an additional application fee, as follows: (i) For an application for a minor project or minor modification............................................................................................ $400; and (ii) For an application for a major project or major project modification......................................................................................... $1,600. (8) (i) The Department may adjust the fees established under paragraphs (1), (4), (6), and (7) of this subsection to reflect changes in the consumer price index for all "urban consumers" for the expenditure category "all items not seasonally adjusted", and for all regions. (ii) The Annual Consumer Price Index for the period ending each December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, shall be used to adjust the fees established under paragraphs (1), (4), (6), and (7) of this subsection. (iii) The Department shall issue a public notice of the adjusted fees at least 90 days before the new fee rates take effect. (c) (1) There is a Wetlands and Waterways Program Fund. (2) The Department shall administer the Fund. (3) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund. (4) The Fund consists of all: (i) Application fees collected by the Department under this section; (ii) Monetary compensation paid to the State in conjunction with a wetlands license other than that compensation specified in Sec. 16-205(e)(2) of this article; (iii) Money appropriated in the State budget to the Fund; and (iv) Investment earnings, interest, and any other money from any other source accepted for the benefit of the Fund. (5) In accordance with subsection (e) of this section, the Department shall use the Wetlands and Waterways Program Fund for activities related to: (i) The issuance of authorizations by the Department under Sec.Sec. 5-503 and 5-906 of this title and Sec.Sec. 16-202, 16-302, and 16-307 of this article or the issuance of wetlands licenses by the Board of Public Works under Sec. 16-202 of this article; (ii) The management, conservation, protection, and preservation of the State's wetlands and waterways resources, including Tier II High Quality Waters and Tier II High Quality Watersheds; and (iii) Program development associated with this title and Title 16 of this article, as provided by the State budget. (d) On or before December 31 of each year, in accordance with Sec. 2-1257 of the State Government Article, the Department shall prepare and submit an annual report to the House Environment and Transportation Committee, the House Appropriations Committee, the Senate Education, Energy, and the Environment Committee, and the Senate Budget and Taxation Committee on the Wetlands and Waterways Program Fund, including an accounting of financial receipts deposited into the Fund and expenditures from the Fund. (e) The Department shall: (1) Prioritize the use of the Wetlands and Waterways Program Fund to improve the level of service to the regulated community; (2) Identify and implement measures that will reduce delays and duplication in the administration of the wetlands and waterways permit process, including the processing of applications for wetlands and waterways permits in accordance with Sec. 1-607 of this article; and (3) In conjunction with the Department of Natural Resources, identify up to three types of structural shoreline stabilization practices that may be implemented on or adjacent to a State-owned lake. #### Section 5-203.2 (a) In this section, "dam safety permit" means a permit issued under Sec. 5-503 of this title for the construction, reconstruction, repair, removal, or modification of a dam. (b) This section does not apply to a reservoir, dam, waterway obstruction, or small pond that is exempt from permit requirements under Sec. 5-503(b) of this title. (c) The application for a dam safety permit shall include the estimated project construction cost. (d) Prior to the issuance of a dam safety permit, the Department shall collect a dam safety permit fee. (e) The dam safety permit fee: (1) Shall be based on the estimated project construction cost; and (2) May not exceed 3% of the estimated project construction cost. (f) Fees collected under this section shall be paid into the Private Dam Repair Fund established under Sec. 5-509.2 of this title. #### Section 5-204 (a) (1) It is the intent of the General Assembly to establish consolidated procedures and notice and hearing requirements for Subtitles 5 and 9 of this title and Titles 14, 15, and 16 of this article in order to ensure efficient review and consistent decision making. (2) Notwithstanding any provision of the State Government Article, public notice on pending applications provided in accordance with the provisions of this section shall be the only notice required by law. (b) (1) Applicants shall ascertain the names and addresses of all current owners of property contiguous to the parcel upon which the proposed activity will occur and personally or by certified mail serve notice upon each owner. (2) Applicants shall serve personally or by certified mail appropriate local officials. (3) Applicants shall provide the Department with certification that notice has been served on all contiguous property owners and appropriate local officials. (4) Upon substantial completion of an application, the Department shall draft a public notice that includes: (i) The name and address of the applicant; (ii) A description of the location and nature of the activity for which application has been made; (iii) The name, address, and telephone number of the office within the Department from which information about the application may be obtained; (iv) A statement that any further notices about actions on the application will be provided only by mail to those persons on a mailing list of interested persons; (v) A description of how persons may submit information or comments about the application, request a public informational hearing, or request to be included on the mailing list of interested persons; and (vi) A deadline for the close of the public comment period by which information, comments, or requests must be received by the Department. (5) The Department shall prepare a public notice to be published for at least 1 business day in a newspaper of general circulation in the area where the proposed activity would occur. At its discretion, the Department shall: (i) Publish the public notice; or (ii) Direct the applicant to publish the public notice. (6) The applicant shall bear the cost of the newspaper notice. (7) The Department shall mail public notices to a general subscription mailing list. (8) Comments on an application or requests for a public informational hearing must be forwarded in writing to the Department prior to the close of the public comment period specified in the public notice. (9) The Department shall compile an interested persons list containing the names of all contiguous property owners, appropriate local officials, and individuals that comment on, request hearings, or make inquiries about an application during any phase of the Department's review. (10) No further notice will be provided except to persons on the interested persons list. (c) (1) The Department shall hold a public informational hearing if it receives a timely written request in accordance with the provisions of this subsection. (2) The request shall be received prior to the close of the public comment period. (3) A public informational hearing shall be held within 45 calendar days of the close of the public comment period. (4) The Department shall specify the date, time, and location of the public informational hearing. (5) The public informational hearing may be held using teleconference or Internet-based conferencing technology. (6) The Department shall mail notice of the date, time, and location of any public informational hearing on an application to those persons on the interested persons list no later than 14 calendar days prior to the hearing. (7) The Department may extend the official record of a public informational hearing. (d) Following the application review and comment period and within 30 calendar days after the close of the public informational hearing record, the Department shall issue, modify, or deny the permit or license unless extenuating circumstances justify an extension of time. (e) The Department shall mail notice of a decision to issue, modify, or deny a permit or license to the applicant and to those persons on the interested persons list. (f) (1) A final determination by the Department on the issuance, denial, renewal, or revision of any permit issued under Subtitle 5 or Subtitle 9 of this title or Sec. 14-105, Sec. 14-508, Sec. 15-808, or Sec. 16-307 of this article is subject to judicial review at the request of any person that: (i) Meets the threshold standing requirements under federal law; and (ii) (1) Is the applicant; or (2) Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided. (2) For permits listed under paragraph (1) of this subsection, a contested case hearing may not occur. (g) A person petitioning for judicial review in accordance with this section shall file the petition in accordance with the Maryland Rules. (h) (1) Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates that: (i) The objections were not reasonably ascertainable during the comment period; or (ii) Grounds for the objections arose after the comment period. (2) The court shall remand the matter to the Department for consideration of objections under paragraph (1) of this subsection. (i) (1) Unless otherwise required by statute, a petition for judicial review by a person who meets the requirements of subsection (f) of this section shall be filed with the circuit court for the county where the application for the permit states that the proposed activity will occur. (2) Judicial review under this section shall be conducted in accordance with Title 1, Subtitle 6 of this article. ### Subtitle 3. Interstate Water Compacts #### Section 5-301 Susquehanna River Basin Compact Preamble Whereas the signatory parties hereto recognize the water resources of the Susquehanna River Basin as regional assets vested with local, state, and national interest for which they have a joint responsibility; and declare as follows: (1) The conservation, utilization, development, management, and control of the water resources of the Susquehanna River Basin under comprehensive multiple purpose planning will bring the greatest benefits and produce the most efficient service in the public interest; and (2) This comprehensive planning administered by a basin-wide agency will provide flood damage reduction, conservation and development of surface and ground water supply for municipal, industrial, and agricultural uses, development of recreational facilities in relation to reservoirs, lakes and streams, propagation of fish and game, promotion of forest land management, soil conservation, and watershed projects, protection and aid to fisheries, development of hydroelectric power potentialities, improved navigation, control of the movement of salt water, abatement and control of water pollution, and regulation of stream flows toward the attainment of these goals; and (3) The water resources of the basin are presently subject to the duplicating, overlapping, and uncoordinated administration of a large number of governmental agencies which exercise a multiplicity of powers resulting in a splintering of authority and responsibility; and (4) The Interstate Advisory Committee on the Susquehanna River Basin, created by action of the states of New York, Pennsylvania, and Maryland, on the basis of its studies and deliberation has concluded that regional development of the Susquehanna River Basin is feasible, advisable, and urgently needed, and has recommended that an intergovernmental compact with federal participation be consummated to this end; and (5) The Congress of the United States and the executive branch of the federal government have recognized a national interest in the Susquehanna River Basin by authorizing and directing the Corps of Engineers of the Department of the Army, the Department of Agriculture, the Department of Health, Education and Welfare, the Department of Interior, and other federal agencies to cooperate in making comprehensive surveys and reports concerning the water resources of the Susquehanna River Basin in which individually or severally the technical aid and assistance of many federal and state agencies have been enlisted, and which are being or have been coordinated through a Susquehanna River Basin Study Coordinating Committee on which the Corps of Engineers of the Department of the Army, the Department of Agriculture, the Department of Commerce, the Department of Health, Education and Welfare, the Department of Interior, the Department of Housing and Urban Development and its predecessor Housing and Home Finance Agency, the Federal Power Commission, and the states of New York, Pennsylvania, and Maryland are or were represented; and (6) Some three million people live and work in the Susquehanna River Basin and its environs, and the government, employment, industry, and economic development of the entire region and the health, safety, and general well-being of its population are and will continue to be affected vitally by the conservation, utilization, development, management, and control of the water resources of the basin; and (7) Demands upon the water resources of the basin are expected to mount because of anticipated increases in population and by reason of industrial and economic growth of the basin and its service area; and (8) Water resources planning and development are technical, complex, and expensive, often requiring fifteen to twenty years from the conception to the completion of large or extensive projects; and (9) The public interest requires that facilities must be ready and operative when and where needed, to avoid the damages of unexpected floods or prolonged drought, and for other purposes; and (10) The Interstate Advisory Committee on the Susquehanna River Basin has prepared a draft of an intergovernmental compact for the creation of a basin agency, and the signatory parties desire to effectuate the purposes thereof; now therefore The states of New York and Maryland and the Commonwealth of Pennsylvania, and the United States of America hereby solemnly covenant and agree with each other, upon the enactment of concurrent legislation by the Congress of the United States and by the respective state legislatures, to the Susquehanna River Basin Compact which consists of this preamble and the articles that follow. Article 1 Short Title, Definitions, Purposes, and Limitations (1) (1) This compact shall be known and may be cited as the Susquehanna River Basin Compact. (1) (2) For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant to it: (1) "Basin" shall mean the area of drainage of the Susquehanna River and its tributaries into Chesapeake Bay to the southern edge of the Pennsylvania railroad bridge between Havre de Grace and Perryville, Maryland. (2) "Commission" shall mean the Susquehanna River Basin Commission hereby created, and the term "commissioner" shall mean a member of the commission. (3) "Cost" shall mean direct and indirect expenditures, commitment, and net induced adverse effects, whether or not compensated for, used or incurred in connection with the establishment, acquisition, construction, maintenance, and operation of a project. (4) "Diversion" shall mean the transfer of water into or from the basin. (5) "Facility" shall mean any real or personal property, within or without the basin, and improvements thereof or thereon, and any and all rights-of-way, water, water rights, plants, structures, machinery, and equipment acquired, constructed, operated, or maintained for the beneficial use of water resources or related land uses or otherwise including, without limiting the generality of the foregoing, any and all things and appurtenances necessary, useful, or convenient for the control, collection, storage, withdrawal, diversion, release, treatment, transmission, sale, or exchange of water; or for navigation thereon, or the development and use of hydroelectric energy and power, and public recreational facilities; of the propagation of fish and wildlife; or to conserve and protect the water resources of the basin or any existing or future water supply source, or to facilitate any other uses of any of them. (6) "Federal government" shall mean the government of the United States of America, and any appropriate branch, department, bureau, or division thereof, as the case may be. (7) "Project" shall mean any work, service, or activity which is separately planned, financed, or identified by the commission, or any separate facility undertaken or to be undertaken by the commission or otherwise within a specified area, for the conservation, utilization, control, development, or management of water resources which can be established and utilized independently or as an addition to an existing facility and can be considered as a separate entity for purposes of evaluation. (8) "Signatory party" shall mean a state or commonwealth party to this compact, or the federal government. (9) "Waters" shall mean both surface and underground waters which are contained within the drainage area of the Susquehanna River in the states of New York, Pennsylvania, and Maryland. (10) "Water resources" shall include all waters and related natural resources within the basin. (11) "Withdrawal" shall mean a taking or removal of water from any source within the basin for use within the basin. (12) "Person" shall mean an individual, corporation, partnership, unincorporated association, and the like and shall have no gender, and the singular shall include the plural. (1) (3) The legislative bodies of the respective signatory parties hereby find and declare: (1) The water resources of the Susquehanna River Basin are affected with a local, state, regional, and national interest, and the planning, conservation, utilization, development, management, and control of these resources, under appropriate arrangements for intergovernmental cooperation, are public purposes of the respective signatory parties. (2) The water resources of the basin are subject to the sovereign rights and responsibilities of the signatory parties, and it is the purpose of this compact to provide for a joint exercise of these powers of sovereignty in the common interest of the people of the region. (3) The water resources of the basin are functionally interrelated, and the uses of these resources are interdependent. A single administrative agency is therefore essential for effective and economical direction, supervision, and coordination of water resources efforts and programs of federal, state, and local governments and of private enterprise. (4) Present and future demands require increasing economies and efficiencies in the use and reuse of water resources, and these can be brought about only by comprehensive planning, programming, and management under the direction of a single administrative agency. (5) In general, the purposes of this compact are to promote interstate comity; to remove causes of possible controversy; to make secure and protect developments within the states; to encourage and provide for the planning, conservation, utilization, development, management, and control of the water resources of the basin; to provide for cooperative and coordinated planning and action by the signatory parties with respect to water resources; and to apply the principle of equal and uniform treatment to all users of water and of water related facilities without regard to political boundaries. (6) It is the express intent of the signatory parties that the commission shall engage in the construction, operation, and maintenance of a project only when the project is necessary to the execution of the comprehensive plan and no other competent agency is in a position to act, or such agency fails to act. (1) (4) Nothing in this compact shall be construed to relinquish the functions, powers, or duties of the Congress of the United States with respect to the control of any navigable waters within the basin, nor shall any provisions hereof be construed in derogation of any of the constitutional powers of the Congress to regulate commerce among the states and with foreign nations. The power and right of the Congress to withdraw the federal government as a party to this compact or to revise or modify the terms, conditions, and provisions under which it may remain a party by amendment, repeal, or modification of any federal statute applicable hereto is recognized by the signatory parties. (1) (5) (a) The duration of this compact shall be for an initial period of 100 years from its effective date, and it shall be continued for additional periods of 100 years if not less than 20 years nor more than 25 years prior to the termination of the initial period or any succeeding period none of the signatory states, by authority of an act of its legislature, notifies the commission of intention to terminate the compact at the end of the then current 100-year period. (b) In the event this compact should be terminated by operation of paragraph (a) above, the commission shall be dissolved, its assets and liabilities transferred in accordance with the equities of the signatory parties therein, and its corporate affairs wound up in accordance with agreement of the signatory parties or, failing agreement, by act of the Congress. Article 2 Organization and Area (2) (1) The Susquehanna River Basin Commission is hereby created as a body politic and corporate, with succession for the duration of this compact, as an agency and instrumentality of the governments of the respective signatory parties. (2) (2) The members of the commission shall be the governor or the designee of the governor of each signatory state, to act for him, and one member to be appointed by the President of the United States to serve at the pleasure of the President. (2) (3) An alternate from each signatory party shall be appointed by its member of the commission unless otherwise provided by the laws of the signatory party. The alternate, in the absence of the member, shall represent the member and act for him. In the event of a vacancy in the office of alternate, it shall be filled in the same manner as the original appointment. (2) (4) Members of the commission and alternates shall serve without compensation from the commission but may be reimbursed for necessary expenses incurred in and incident to the performance of their duties. (2) (5) Each member is entitled to one vote. No action of the commission may be taken unless three of the four members vote in favor thereof. (2) (6) The commission shall provide for its own organization and procedure, and shall adopt the rules and regulations governing its meetings and transactions. It shall organize annually by the election of a chairman and vice-chairman from among its members. It shall provide by its rules for the appointment by each member in his discretion of an advisor to serve without compensation from the commission, who may attend all meetings of the commission and its committees. (2) (7) The commission shall have, exercise, and discharge its functions, powers, and duties within the limits of the basin. Outside the basin, the commission shall act at its discretion, but only to the extent necessary to implement its responsibilities within the basin, and where necessary subject to the consent of the state wherein it proposes to act. Article 3 Powers and Duties of the Commission (3) (1) The commission shall develop and effectuate plans, policies, and projects relating to the water resources of the basin. It shall adopt and promote uniform and coordinated policies for water resources conservation and management in the basin. It shall encourage and direct the planning, development, operation, and subject to applicable laws the financing of water resources projects according to such plans and policies. (3) (2) It is the policy of the signatory parties to preserve and utilize the functions, powers, and duties of the existing offices and agencies of government to the extent consistent with this compact, and the commission is directed to utilize those offices and agencies for the purposes of this compact. (3) (3) The commission in accordance with Article 14 of this compact, shall formulate and adopt: (1) A comprehensive plan, after consultation with appropriate water users and interested public bodies for the immediate and long range development and use of the water resources of the basin; (2) A water resources program, based upon the comprehensive plan, which shall include a systematic presentation of the quantity and quality of water resources needs of the area to be served for such reasonably foreseeable period as the commission may determine, balanced by existing and proposed projects required to satisfy such needs, including all public and private projects affecting the basin, together with a separate statement of the projects proposed to be undertaken by the commission during such period; and (3) An annual current expense budget and an annual capital budget consistent with the commission's program, projects, and facilities for the budget period. (3) (4) The commission may: (1) Plan, design, acquire, construct, reconstruct, complete, own, improve, extend, develop, operate, and maintain any and all projects, facilities, properties, activities, and services which are determined by the commission to be necessary, convenient, or useful for the purposes of this compact. (2) Establish standards of planning, design, and operation of all projects and facilities in the basin to the extent they affect water resources, including without limitation thereto water, sewage and other waste treatment plants and facilities, pipelines, transmission lines, stream and lake recreational facilities, trunk mains for water distribution, local flood protection works, watershed management programs, and ground water recharging operations. (3) Conduct and sponsor research on water resources and their planning, use, conservation, management, development, control, and protection, and the capacity, adaptability, and best utility of each facility thereof, and collect, compile, correlate, analyze, report, and interpret data on water resources and uses in the basin, including without limitation thereto the relation of water to other resources, industrial water technology, ground water movement, relation between water price and water demand and other economic factors, and general hydrological conditions. (4) Collect, compile, coordinate, and interpret systematic surface and ground water data, and publicize such information when and as needed for water uses, flood warning, quality maintenance, or other purposes. (5) Conduct ground and surface water investigations, tests, and operations, and compile data relating thereto as may be required to formulate and administer the comprehensive plan. (6) Prepare, publish, and disseminate information and reports concerning the water problems of the basin and for the presentation of the needs and resources of the basin and policies of the commission to executive and legislative branches of the signatory parties. (7) Negotiate loans, grants, gifts, services, or other aids as may be lawfully available from public or private sources to finance or assist in effectuating any of the purposes of this compact, and receive and accept them upon terms and conditions, and subject to provisions, as may be required by federal or state law or as the commission may deem necessary or desirable. (8) Exercise such other and different powers as may be delegated to it by this compact or otherwise pursuant to law, and have and exercise all powers necessary or convenient to carry out its express powers and other powers which reasonably may be implied therefrom. (9) Adopt, amend, and repeal rules and regulations to implement this compact. (3) (5) The commission shall: (1) Develop and effectuate plans, policies, and projects relating to water resources, adopt, promote, and coordinate policies and standards for water resources conservation, control, utilization, and management, and promote and implement the planning, development, and financing of water resources projects. (2) Undertake investigations, studies, and surveys, and acquire, construct, operate, and maintain projects and facilities in regard to the water resources of the basin, whenever it is deemed necessary to do so to activate or effectuate any of the provisions of this compact. (3) Administer, manage, and control water resources in all matters determined by the commission to be interstate in nature or to have a major effect on the water resources and water resources management. (4) Assume jurisdiction in any matter affecting water resources whenever it determines after investigation and public hearing upon due notice given, that the effectuation of the comprehensive plan or the implementation of this compact so requires. If the commission finds upon subsequent hearing requested by an affected signatory party that the party will take the necessary action, the commission may relinquish jurisdiction. (5) Investigate and determine if the requirements of the compact or the rules and regulations of the commission are complied with, and if satisfactory progress has not been made, institute an action or actions in its own name in any state or federal court of competent jurisdiction to compel compliance with any and all of the provisions of this compact or any of the rules and regulations of the commission adopted pursuant thereto. An action shall be instituted in the name of the commission and shall be conducted by its own counsel. (3) (6) (a) Each of the signatory parties agrees that it will seek enactment of such additional legislation as will be required to enable its officers, departments, commissions, boards, and agents to accomplish effectively the obligations and duties assumed under the terms of this compact. (b) Nothing in the compact shall be construed to repeal, modify, or qualify the authority of any signatory party to enact any legislation or enforce any additional conditions and restrictions within its jurisdiction. (3) (7) The commission shall promote and aid the coordination of the activities and programs of federal, state, municipal, and private agencies concerned with water resources administration in the basin. To this end, but without limitation thereto, the commission may: (1) Advise, consult, contract, financially assist, or otherwise cooperate with any and all such agencies; (2) Employ any other agency or instrumentality of any of the signatory parties or of any political subdivision thereof, in the design, construction, operation, and maintenance of structures, and the installation and management of river control systems, or for any other purpose; (3) Develop and adopt plans and specifications for particular water resources projects and facilities which so far as consistent with the comprehensive plan incorporate any separate plans of other public and private organizations operating in the basin, and permit the decentralized administration thereof; (4) Qualify as a sponsoring agency under any federal legislation heretofore or hereafter enacted to provide financial or other assistance for the planning, conservation, utilization, development, management, or control of water resources. (3) (8) (a) The commission shall have power from time to time as the need appears, to allocate the waters of the basin to and among the states signatory to this compact and impose related conditions, obligations, and release requirements. (b) The commission shall have power from time to time as the need appears to enter into agreements with other river basin commissions or other states with respect to in-basin and out-of-basin allocations, withdrawals, and diversions. (c) No allocation of waters made pursuant to this section shall constitute a prior appropriation of the waters of the basin or confer any superiority of right in respect to the use of those waters, nor shall any such action be deemed to constitute an apportionment of the waters of the basin among the parties hereto. This subsection shall not be deemed to limit or restrict the power of the commission to enter into covenants with respect to water supply, with a duration not exceeding the life of this compact, as it may deem necessary for the benefit or development of the water resources of the basin. (3) (9) The commission, from time to time after public notice and public hearing upon due notice given may fix, alter, and revise rates, rentals, charges, and tolls, and classifications thereof, without regulation or control by any department, office, or agency of any signatory party, for the use of facilities owned or operated by it, and any services or products which it provides. (3) (10) No projects affecting the water resources of the basin, except those not requiring review and approval by the commission under paragraph 3 following, shall be undertaken by any person, governmental authority or other entity prior to submission to and approval by the commission or appropriate agencies of the signatory parties for review. (1) All water resources projects for which a permit or other form of permission to proceed with construction or implementation is required by legislative action of a signatory party or by rule or regulation of an office or agency of a signatory party having functions, powers, and duties in the planning, conservation, development, management, or control of water resources shall be submitted as heretofore to the appropriate office or agency of the signatory party for review and approval. To assure that the commission is apprised of all projects within the basin, monthly reports and listings of all permits granted, or similar actions taken, by offices or agencies of the signatory parties shall be submitted to the commission in a manner prescribed by it. Those projects which also require commission approval pursuant to the provisions of paragraphs 2(ii) and 2(iii) following shall be submitted to the commission through appropriate offices or agencies of a signatory party, except that, if no agency of a signatory party has jurisdiction, such projects shall be submitted directly to the commission in such manner as the commission shall prescribe. (2) Approval of the commission shall be required for, but not limited to, the following: (i) All projects on or crossing the boundary between any two signatory states; (ii) Any project involving the diversion of water; (iii) Any project within the boundaries of any signatory state found and determined by the commission or by any agency of a signatory party having functions, powers, and duties in the planning, conservation, development, management, or control of water resources to have a significant effect on water resources within another signatory state; and (iv) Any project which has been included by the commission, after hearing, as provided in Article 14, section 14.1, as a part of the commission's comprehensive plan for the development of the water resources of the basin, or which would have a significant effect upon the plan. (3) Review and approval by the commission shall not be required for: (i) Projects which fall into an exempt classification or designation established by legislative action of a signatory party or by rule or regulation of an office or agency of a signatory party having functions, powers, and duties in the planning, conservation, development, management, or control of water resources. The sponsors of those projects are not required to obtain a permit or other form of permission to proceed with construction or implementation, unless it is determined by the commission or by the agency of a signatory party that such project or projects may cause an adverse, adverse cumulative, or an interstate effect on water resources of the basin, and the project sponsor has been notified in writing by the commission or by the agency of a signatory party that commission approval is required. (ii) Projects which are classified by the commission as not requiring its review and approval, for so long as they are so classified. (4) The commission shall approve a project if it determines that the project is not detrimental to the proper conservation, development, management, or control of the water resources of the basin and may modify and approve as modified, or may disapprove the project, if it determines that the project is not in the best interest of the conservation, development, management, or control of the basin's water resources, or is in conflict with the comprehensive plan. (5) The commission, after consultation with the appropriate offices or agencies of the signatory parties, shall establish the procedure of submission, review, and consideration of projects. Any procedure for review and approval of diversions of water shall include public hearing on due notice given, with opportunity for interested persons, agencies, governmental units, and signatory parties to be heard and to present evidence. A complete transcript of the proceedings at the hearing shall be made and preserved, and it shall be made available under rules for that purpose adopted by the commission. (6) Any determination of the commission pursuant to this article or any article of the compact providing for judicial review shall be subject to such judicial review in any court of competent jurisdiction, provided that an action or proceeding for such review is commenced within 90 days from the effective date of the determination sought to be reviewed; but a determination of the commission concerning a diversion, under section 3.10-2 (ii) with the claimed effect of reducing below a proper minimum the flow of water in that portion of the basin within the area of a signatory party, shall be subject to judicial review under the particular provisions of paragraph 7 below. (7) Any signatory party deeming itself aggrieved by an action of the commission concerning a diversion under section 3.10-2 (ii) with the claimed effect of reducing below a proper minimum the flow of water in that portion of the basin which lies within the area of that signatory party, and notwithstanding the powers provided to the commission by this compact, may have review of commission action approving the diversion in the Supreme Court of the United States; provided that a proceeding for such review is commenced within one year from the date of action sought to be reviewed. Any such review shall be on the record made before the commission. The action of the commission shall be affirmed, unless the court finds that it is not supported by substantial evidence. (3) (11) The commission may constitute and empower advisory committees. Article 4 Water Supply (4) (1) The commission shall have power to develop, implement, and effectuate plans and projects for the use of the water of the basin for domestic, municipal, agricultural, and industrial water supply. To this end, without limitation thereto, it may provide for, construct, acquire, operate, and maintain dams, reservoirs, and other facilities for utilization of surface and ground water resources, and all related structures, appurtenances, and equipment on the river and its tributaries and at such off-river sites as it may find appropriate, and may regulate and control the use thereof. (4) (2) (a) The commission shall have power to acquire, construct, operate, and control projects and facilities for the storage and release of waters, for the regulation of flows and supplies of surface and ground waters of the basin, for the protection of public health, stream quality control, economic development, improvement of fisheries, recreation, dilution and abatement of pollution, the prevention of undue salinity, and other purposes. (b) No signatory party shall permit any augmentation of flow to be diminished by the diversion of any water of the basin during any period in which waters are being released from storage under the direction of the commission for the purpose of augmenting such flow, except in cases where the diversion is authorized by this compact, or by the commission pursuant thereto, or by the judgment, order, or decree of a court of competent jurisdiction. (4) (3) The commission may provide water management and regulation in the main stream or any tributary in the basin and, in accordance with the procedures of applicable state laws, may assess on an annual basis or otherwise the cost thereof upon water users or any classification of them specially benefited thereby to a measurable extent, provided that no such assessment shall exceed the actual benefit to any water user. Any such assessment shall follow the procedure prescribed by law for local improvement assessments and shall be subject to review in any court of competent jurisdiction. (4) (4) Prior to entering upon the execution of any project authorized by this article, the commission shall review and consider all existing rights, plans, and programs of the signatory parties, their political subdivisions, private parties, and water users which are pertinent to such project, and shall hold a public hearing on each proposed project. (4) (5) In connection with any project authorized by this article, the commission shall have power to provide storage, treatment, pumping, and transmission facilities, but nothing herein shall be construed to authorize the commission to engage in the business of distributing water. Article 5 Water Quality Management and Control (5) (1) (a) The commission may undertake or contract for investigations, studies, and surveys pertaining to existing water quality, effects of varied actual or projected operations on water quality, new compounds and materials and probable future water quality in the basin. The commission may receive, expend, and administer funds, federal, state, local, or private as may be available to carry out these functions relating to water quality investigations. (b) The commission may acquire, construct, operate, and maintain projects and facilities for the management and control of water quality in the basin whenever the commission deems necessary to activate or effectuate any of the provisions of this compact. (5) (2) (a) In order to conserve, protect, and utilize the water quality of the basin in accordance with the best interests of the people of the basin and the states, it shall be the policy of the commission to encourage and coordinate the efforts of the signatory parties to prevent, reduce, control, and eliminate water pollution and to maintain water quality as required by the comprehensive plan. (b) The legislative intent in enacting this article is to give specific emphasis to the primary role of the states in water quality management and control. (c) The commission shall recommend to the signatory parties the establishment, modification, or amendment of standards of quality for any waters of the basin in relation to their reasonable and necessary use as the commission shall deem to be in the public interest. (d) The commission shall encourage cooperation and uniform enforcement programs and policies by the water quality control agencies of the signatory parties in meeting the water quality standards established in the comprehensive plan. (e) The commission may assume jurisdiction whenever it determines after investigation and public hearing upon due notice given that the effectuation of the comprehensive plan so requires. After such investigation, notice, and hearing, the commission may adopt such rules, regulations, and water quality standards as may be required to preserve, protect, improve, and develop the quality of the waters of the basin in accordance with the comprehensive plan. (5) (3) (a) Each of the signatory parties agrees to prohibit and control pollution of the waters of the basin according to the requirements of this compact and to cooperate faithfully in the control of future pollution in and abatement of existing pollution from the waters of the basin. (b) The commission shall have the authority to investigate and determine if the requirements of the compact or the rules, regulations, and water quality standards of the commission are complied with and if satisfactory progress has not been made, may institute an action or actions in its own name in the proper court or courts of competent jurisdiction to compel compliance with any and all of the provisions of this compact or any of the rules, regulations, and water quality standards of the commission adopted pursuant thereto. (5) (4) Nothing in this compact shall be construed to repeal, modify, or qualify the authority of any signatory party to enact any legislation or enforce any additional conditions and restrictions to lessen or prevent the pollution of waters within its jurisdiction. Article 6 Flood Protection (6) (1) The commission may plan, design, construct, and operate and maintain projects and facilities it deems necessary or desirable for flood plain development and flood damage reduction. It shall have power to operate such facilities and to store and release waters of the Susquehanna River and its tributaries and elsewhere within the basin, in such manner, at such times, and under such regulations as the commission may deem appropriate to meet flood conditions as they may arise. (6) (2) (a) The commission may study and determine the nature and extent of the flood plains of the Susquehanna River and its tributaries. Upon the basis of the studies, it may delineate areas subject to flooding, including but not limited to a classification of lands with reference to relative risk of flooding and the establishment of standards for flood plain use which will promote economic development and safeguard the public health, welfare, safety, and property. Prior to the adoption of any standards delineating the area or defining the use, the commission shall hold public hearings with respect to the substance of the standards in the manner provided by Article 15. The proposed standards shall be available from the commission at the time notice is given, and interested persons shall be given an opportunity to be heard thereon at the hearings. (b) The commission shall have power to promulgate, adopt, amend, and repeal from time to time as necessary, standards relating to the nature and extent of the uses of land in areas subject to flooding. (c) In taking action pursuant to subsection (b) of this section and as a prerequisite thereto, the commission shall consider the effect of particular uses of the flood plain in question on the health and safety of persons and property in the basin, the economic and technical feasibility of measures available for the development and protection of the flood plain, and the responsibilities, if any, of local, state, and federal governments connected with the use or proposed use of the flood plain in question. The commission shall regulate the use of particular flood plains in the manner and degree it finds necessary for the factors enumerated in this subsection, but only with the consent of the affected signatory state, and shall suspend such regulation when and so long as the signatory party or parties or political subdivision possessing jurisdiction have in force applicable laws which the commission finds give adequate protection for the purposes of this section. (d) In order to conserve, protect, and utilize the Susquehanna River and its tributaries in accordance with the best interests of the people of the basin and the signatory parties, it shall be the policy of the commission to encourage and coordinate the efforts of the signatory parties to control modification of the river and its tributaries by encroachment. (6) (3) The commission shall have power to acquire the fee or any lesser interest in lands and improvements thereon within the area of a flood plain for the purpose of regulating the use or types of construction of such property to minimize the flood hazard, convert the property to uses or types of construction appropriate to flood plain conditions, or prevent constrictions or obstructions that reduce the ability of the river channel and flood plain to carry flood water. (6) (4) No rule or regulation issued by the commission pursuant to this shall be construed to require the demolition, removal, or alteration of any structure in place or under construction prior to the issuance thereof, without the payment of just compensation therefor. However, new construction or any addition to or alteration in any existing structure made or commenced subsequent to the issuance of such rule or regulation, or amendment, shall conform thereto. (6) (5) The regulation of use of flood plain lands is within the police powers of the signatory states for the protection of public health and the safety of the people and their property and shall not be deemed a taking of land or lands for which compensation shall be paid to the owners thereof. (6) (6) Each of the signatory parties agrees to control flood plain use along and encroachment upon the Susquehanna and its tributaries and to cooperate faithfully in these respects. (6) (7) Nothing in this article shall be construed to prevent or in any way to limit the power of any signatory party, or any agency or subdivision thereof, to issue or adopt and enforce any requirement or requirements with respect to flood plain use or construction thereon more stringent than the rules, regulations, or encroachment lines in force pursuant to this article. The commission may appear in any court of competent jurisdiction to bring actions or proceedings in law or equity to enforce the provisions of this article. (6) (8) The signatory states agree that dumping or littering upon or in the waters of the Susquehanna River or its tributaries or upon the frozen surfaces thereof of any rubbish, trash, litter, debris, abandoned properties, waste material, or offensive matter, is prohibited and that the law enforcement officials of each state shall enforce this prohibition. Article 7 Watershed Management (7) (1) The commission shall promote sound practices of watershed management in the basin, including projects and facilities to retard runoff and waterflow and prevent soil erosion. (7) (2) The commission, subject to the limitations in section 7.4 (b), may acquire, sponsor, or operate facilities and projects to encourage soil conservation, prevent and control erosion, and promote land reclamation and sound land and forest management. (7) (3) The commission, subject to the limitations in section 7.4 (b), may acquire, sponsor, or operate projects and facilities for the maintenance and improvement of fish and wildlife habitat related to the water resources of the basin. (7) (4) (a) The commission shall cooperate with the appropriate agencies of the signatory parties and with other public and private agencies in the planning and effectuation of a coordinated program of facilities and projects authorized by this article. (b) The commission shall not acquire or operate any such project or facility unless it has first found and determined that no other suitable unit or agency of government is in a position to acquire or operate the same upon reasonable conditions, or such unit or agency fails to do so. Article 8 Recreation (8) (1) The commission may provide for the development of water related public sports and recreational facilities. The commission on its own account or in cooperation with a signatory party, political subdivision or any agency thereof, may provide for the construction, maintenance, and administration of such facilities, subject to the provisions of section 8.2 hereof. (8) (2) (a) The commission shall cooperate with the appropriate agencies of the signatory parties and with other public and private agencies in the planning and effectuation of a coordinated program or facilities and projects authorized by this article. (b) The commission shall not operate any such project or facility unless it has first found and determined that no other suitable unit or agency of government is available to operate the same upon reasonable conditions. (8) (3) The commission, within limits prescribed by this article, shall: (1) Encourage activities of other public agencies having water related recreational interests and assist in the coordination thereof; (2) Recommend standards for the development and administration of water related recreational facilities; (3) Provide for the administration, operation, and maintenance of recreation facilities owned or controlled by the commission and for the letting and supervision of private concessions in accordance with this article. (8) (4) The commission, after public hearing on due notice given, shall provide by regulation a procedure for the award of contracts for private concessions in connection with its recreational facilities, including any renewal or extension thereof, under terms and conditions determined by the commission. Article 9 Other Public Values (9) (1) The signatory parties agree that it is a purpose of this compact in effectuating the conservation and management of water resources to preserve and promote the economic and other values inherent in the historic and the scenic and other natural amenities of the Susquehanna River Basin for the enjoyment and enrichment of future generations, for the promotion and protection of tourist attractions in the basin, and for the maintenance of the economic health of allied enterprises and occupations so as to effect orderly, balanced, and considered development in the basin. (9) (2) To this end, the signatory parties agree that in the consideration, authorization, construction, maintenance, and operation of all water resources projects in the Susquehanna Basin, their agencies and subdivisions, and the Susquehanna River Basin Commission will consider the compatibility of such projects with these other public values. (9) (3) The commission may recommend to governmental units with jurisdiction within areas considered for scenic or historic designation minimum standards of regulation of land and water use and such other protective measures as the commission may deem desirable. (9) (4) The commission may draft and recommend for adoption ordinances and regulations which would assist, promote, develop, and protect those areas and the character of their communities. Local governments may consider parts of their area which have been designated scenic or historic areas under the provisions of this article separately from the municipality as a whole, and pursuant to the laws of the state governing the adoption of those regulations generally may enact regulations limited to the designated area. In making recommendations to a local government which is partly in and partly out of such a scenic or historic area the commission may make recommendations for the entire municipality. Article 10 Hydroelectric Power (10) (1) The waters of the Susquehanna River and its tributaries may be impounded and used by or under authority of the commission for the generation of hydroelectric power and hydroelectric energy in accordance with the comprehensive plan. (10) (2) The commission may develop and operate, or authorize to be developed and operated, dams and related facilities and appurtenances for the purpose of generating electric power and hydroelectric energy. (10) (3) The commission may provide facilities for the transmission of hydroelectric power and hydroelectric energy produced by it where such facilities are not otherwise available upon reasonable terms, for the purpose of wholesale marketing of power and nothing herein shall be construed to authorize the commission to engage in the business of direct sale to consumers. (10) (4) The commission, after public hearing on due notice given, may enter into contracts on reasonable terms, consideration, and duration under which public utilities or public agencies may develop hydroelectric power and hydroelectric energy through the use of dams, related facilities, and appurtenances. (10) (5) Rates and charges fixed by the commission for power which is produced by its facilities shall be reasonable, nondiscriminatory, and just. Article 11 Regulation of Withdrawal and Diversions; Protected Areas and Emergencies (11) (1) The commission may regulate and control withdrawals and diversions from surface waters and ground waters of the basin, as provided by this article. The commission may enter into agreements with the signatory parties relating to the exercise of such power or regulation or control and may delegate to any of them such powers of the commission as it may deem necessary or desirable. (11) (2) The commission, from time to time after public hearing upon due notice given, may determine and delineate such areas within the basin wherein the demands upon supply made by water users have developed or threaten to develop to such a degree as to create a water shortage or impair or conflict with the requirements or effectuation of the comprehensive plan, and any such area may be designated as a protected area, with the consent of the member or members from the affected state or states. The commission, whenever it determines that such shortage no longer exists, shall terminate the protected status of such area and shall give public notice of such termination. (11) (3) In any protected areas so determined and delineated, no person shall divert or withdraw water for domestic, municipal, agricultural, or industrial uses in excess of such quantities as the commission may prescribe by general regulations, except (1) pursuant to a permit granted under this article, or (2) pursuant to a permit or approval heretofore granted under the laws of any of the signatory states. (11) (4) (a) In the event of a drought which may cause an actual and immediate shortage of available water supply within the basin, or within any part thereof, the commission after public hearing upon due notice given, may determine and delineate the area of the shortage and by unanimous vote declare a drought emergency therein. For the duration of the drought emergency as determined by the commission, it thereupon may direct increases or decreases in any allocations, diversions, or releases previously granted or required, for a limited time to meet the emergency condition. (b) In the event of a disaster or catastrophe other than drought, natural or manmade, which causes or may cause an actual and immediate shortage of available and usable water, the commission by unanimous consent may impose direct controls on the use of water and shall take such action as is necessary to coordinate the effort of federal, state, and local agencies and other persons and entities affected. (11) (5) Permits shall be granted, modified, or denied, as the case may be, to avoid such depletion of the natural stream flows and ground waters in the protected area or in an emergency area as will adversely affect the comprehensive plan or the just and equitable interests and rights of other lawful users of the same source, giving due regard to the need to balance and reconcile alternative and conflicting uses in the event of an actual or threatened shortage of water of the quality required. (11) (6) The determinations and delineations of the commission pursuant to section 11.2 and the granting, modification or denial of permits pursuant to sections 11.3, 11.4, and 11.5 shall be subject to judicial review in any court of competent jurisdiction. (11) (7) Each signatory party shall provide for the maintenance and preservation of such records of authorized diversions and withdrawals and the annual volume thereof as the commission shall prescribe. Such records and supplementary reports shall be furnished to the commission at its request. (11) (8) Whenever the commission finds it necessary or desirable to exercise the powers conferred with respect to emergencies by this article, any diversion or withdrawal permits authorized or issued under the laws of any of the signatory states shall be superseded to the extent of any conflict with the control and regulation exercised by the commission. Article 12 Intergovernmental Relations (12) (1) For the purposes of avoiding conflicts of jurisdiction and of giving full effect to the commission as a regional agency of the signatory parties, the following rules shall govern federal projects affecting the water resources of the basin, subject in each case to the provisions of section 1.4 of this compact: (1) The planning of all projects related to powers delegated to the commission by this compact shall be undertaken in consultation with the commission. (2) No expenditure or commitment shall be made for or on account of the construction, acquisition, or operation of any project or facility nor shall it be deemed authorized, unless it shall have first been included by the commission in the comprehensive plan. (3) Each federal agency otherwise authorized by law to plan, design, construct, operate or maintain any project or facility in or for the basin shall continue to have, exercise, and discharge such authority except as specifically provided by this section. (12) (2) For the purposes of avoiding conflicts of jurisdiction and of giving full effect to the commission as a regional agency of the signatory parties, the following rules shall govern projects of the signatory states, their political subdivisions and public corporations affecting water resources of the basin: (1) The planning of all projects related to powers delegated to the commission by this compact shall be undertaken in consultation with the commission; (2) No expenditure or commitment shall be made for or on account of the construction, acquisition, or operation of any project or facility unless it first has been included by the commission in the comprehensive plan; (3) Each state and local agency otherwise authorized by law to plan, design, construct, operate, or maintain any project or facility in or for the basin shall continue to have, exercise, and discharge such authority, except as specifically provided by this section. (12) (3) Each of the signatory parties reserves the right to levy, assess, and collect fees, charges, and taxes on or measured by the withdrawal or diversion of waters of the basin for use within the jurisdiction of the respective signatory parties. (12) (4) The commission shall establish uniform standards and procedures for the evaluation, determination of benefits, and cost allocations of projects affecting the basin, and for the determination of project priorities, pursuant to the requirements of the comprehensive plan and its water resources program. The commission shall develop equitable cost sharing and reimbursement formulas for the signatory parties including: (1) Uniform and consistent procedures for the allocation of project costs among purposes included in multiple-purpose programs; (2) Contracts and arrangements for sharing financial responsibility among and with signatory parties, public bodies, groups, and private enterprise, and for the supervision of their performance; (3) Establishment and supervision of a system of accounts for reimbursement purposes and directing the payments and charges to be made from such accounts; (4) Determining the basis and apportioning amounts (i) of reimbursable revenues to be paid signatory parties or their political subdivisions, and (ii) of payments in lieu of taxes to any of them. (12) (5) The commission shall furnish technical services, advice, and consultation to authorized agencies of the signatory parties with respect to the water resources of the basin, and each of the signatory parties pledges itself to provide technical and administrative service to the commission upon request, within the limits of available appropriations, and to cooperate generally with the commission for the purposes of this compact, and the cost of such service may be reimbursable whenever the parties deem appropriate. Article 13 Capital Financing (13) (1) The commission may borrow money for any of the purposes of this compact and may issue its negotiable bonds and other evidences of indebtedness in respect thereto. All such bonds and evidences of indebtedness shall be payable solely out of the properties and revenues of the commission without recourse to taxation. The bonds and other obligations of the commission, except as may be otherwise provided in the indenture under which they were issued, shall be direct and general obligations of the commission, and the full faith and credit of the commission are hereby pledged for the prompt payment of the debt service thereon and for the fulfillment of all other undertakings of the commission assumed by it to or for the benefit of the holders thereof. (13) (2) The purposes of this compact shall include without limitation thereto all costs of any project or facility or any part thereof, including interest during a period of construction and a reasonable time thereafter and any incidental expenses (legal, engineering, fiscal, financial consultant, and other expenses) connected with issuing and disposing of the bonds; all amounts required for the creation of an operating fund, construction fund, reserve fund, sinking fund, or other special fund; all other expenses connected with the planning, design, acquisition, construction, completion, improvement, or reconstruction of any facility or any part thereof, and reimbursement of advances by the commission or by others for such purposes and for working capital. (13) (3) The commission shall have no power to pledge the credit of any signatory party or of any county or municipality, or to impose any obligation for payment of the bonds upon any signatory party or any county or municipality. Neither the commissioners nor any person executing the bonds shall be liable personally on the bonds of the commission or be subject to any personal liability or accountability by reason of the issuance thereof. (13) (4) Whenever the commission deems it expedient, it may fund and refund its bonds and other obligations, whether or not such bonds and obligations have matured. It may provide for the issuance, sale, or exchange of refunding bonds for the purpose of redeeming or retiring any bonds (including payment of any premium, duplicate interest, or cash adjustment required in connection therewith) issued by the commission or issued by any other issuing body, the proceeds of the sale of which have been applied to any facility acquired by the commission or which are payable out of the revenues of any facility acquired by the commission. Bonds may be issued partly to refund bonds and other obligations then outstanding, and partly for any other purpose of the commission. All provisions of this compact applicable to the issuance of bonds are applicable to refunding bonds and to the issuance, sale, or exchange thereof. (13) (5) Bonds and other indebtedness of the commission shall be authorized by resolution of the commission. The validity of the authorization and issuance of any bonds by the commission shall not be dependent upon or affected in any way by: (1) the disposition of bond proceeds by the commission or by contract, commitment or action taken with respect to such proceeds; or (2) the failure to complete any part of the project for which bonds are authorized to be issued. The commission may issue bonds in one or more series and may provide for one or more consolidated bond issues, in such principal amounts and with such terms and provisions as the commission may deem necessary. The bonds may be secured by a pledge of all or any part of the property, revenues, and franchises under its control. Bonds may be issued by the commission in such amount, with such maturities and in such denominations and form or forms, whether coupon or registered, as to both principal and interest, as may be determined by the commission. The commission may provide for redemption of bonds prior to maturity on such notice and at such time or times and with such redemption provisions, including premiums, as the commission may determine. (13) (6) The commission may determine and enter into indentures providing for the principal amount, date or dates, maturities, interest rate, denominations, form, registration, transfer, interchange, and other provisions of the bonds and coupons and the terms and conditions upon which the same shall be executed, issued, secured, sold, paid, redeemed, funded, and refunded. The resolution of the commission authorizing any bond or any indenture so authorized under which the bonds are issued may include all such covenants and other provisions other than any restriction on the regulatory powers vested in the commission by this compact as the commission may deem necessary or desirable for the issue, payment, security, protection, or marketing of the bonds, including without limitation covenants and other provisions as to the rates or amounts of fees, rents, and other charges to be charged or made for use of the facilities; the use, pledge, custody, securing, application, and disposition of such revenues, of the proceeds of the bonds, and of any other moneys of the commission; the operation, maintenance, repair, and reconstruction of the facilities and the amounts which may be expended therefor; the sale, lease, or other disposition of the facilities; the insuring of the facilities and of the revenues derived therefrom; the construction or other acquisition of other facilities; the issuance of additional bonds or other indebtedness; the rights of the bondholders and of any trustee for the bondholders upon default by the commission or otherwise; and the modification of the provisions of the indenture and of the bonds. Reference on the face of the bonds to such resolution or indenture by its date of adoption or the apparent date on the face thereof is sufficient to incorporate all of the provisions thereof and of this compact into the body of the bonds and their appurtenant coupons. Each taker and subsequent holder of the bonds or coupons, whether the coupons are attached to or detached from the bonds, has recourse to all of the provisions of the indenture and of this compact and is bound thereby. (13) (7) No bond or its terms shall mature in more than fifty years from its own date, or on any date subsequent to the duration of this compact, and in the event any authorized issue is divided into two or more series or divisions, the maximum maturity date herein authorized shall be calculated from the date on the face of each bond separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of any authorized issue. (13) (8) All bonds issued by the commission under the provisions of this compact and the interest thereon shall at all times be free and exempt from all taxation by or under authority of any of the signatory parties, except for transfer, inheritance, and estate taxes. (13) (9) Bonds shall bear interest at such rate as the commission determines payable annually or semiannually. (13) (10) The commission may provide for the payment of the principal and interest of bonds at any place or places within or without the signatory states, and in any specified lawful coin or currency of the United States of America. (13) (11) The commission may provide for the execution and authentication of bonds by the manual, lithographed, or printed facsimile signature of officers of the commission, and by additional authentication by a trustee or fiscal agent appointed by the commission. If any of the officers whose signatures or countersignatures appear upon the bonds or coupons ceases to be an officer before the delivery of the bonds or coupons, his signature or countersignature is nevertheless valid and of the same force and effect as if the officer had remained in office until the delivery of the bonds and coupons. (13) (12) The commission shall have power out of any funds available therefor to purchase its bonds and may hold, cancel, or resell such bonds. (13) (13) The commission may fix terms and conditions for the sale or other disposition of any authorized issue of bonds and may sell its bonds at less than their par or face value. All bonds issued and sold for cash pursuant to this compact shall be sold on sealed proposals to the highest bidder. Prior to such sale, the commission shall advertise for bids by publication of a notice of sale not less than ten days prior to the date of sale, at least once in a newspaper of general circulation printed and published in New York City carrying municipal bonds notices and devoted primarily to financial news. The commission may reject any and all bids submitted and may thereafter sell the bonds so advertised for sale at private sale to any financially responsible bidder under such terms and conditions as it deems most advantageous to the public interest, but the bonds shall not be sold at a net interest cost calculated upon the entire issue so advertised, greater than the lowest bid which was rejected. In the event the commission desires to issue its bonds in exchange for an existing facility or portion thereof, or in exchange for bonds secured by the revenues of an existing facility, it may exchange such bonds for the existing facility or portion thereof or for the bonds so secured, plus an additional amount of cash, without advertising such bonds for sale. (13) (14) All bonds issued under the provisions of this compact are negotiable instruments, except when registered in the name of a registered owner. (13) (15) Bonds of the commission shall be legal investments for savings banks, fiduciaries and public funds in each of the signatory states. (13) (16) Prior to the issuance of any bonds, the commission may institute a special proceeding to determine the legality of proceedings to issue the bonds and their validity under the laws of any of the signatory parties. Such proceedings shall be instituted and prosecuted in rem, and the judgment rendered therein shall be conclusive against all persons whomsoever and against each of the signatory parties. (13) (17) No indenture need be recorded or filed in any public office, other than the office of the commission. The pledge of revenues provided in any indenture shall take effect forthwith as provided therein and irrespective of the date of receipts of such revenues by the commission or the indenture trustee. Such pledge shall be effective as provided in the indenture without physical delivery of the revenues to the commission or the indenture trustee. (13) (18) Bond redemption and interest payments, to the extent provided in the resolution or indenture, shall constitute a first, direct and exclusive charge and lien on all such rates, rents, tolls, fees, and charges and other revenues and interest thereon received from the use and operation of the facility, and on any sinking or other funds created therefrom. All such rates, rents, tolls, fees, charges and other revenues, together with interest thereon, shall constitute a trust fund for the security and payment of such bonds, and except as and to the extent provided in the indenture with respect to the payment therefrom of expenses for other purposes including administration, operation, maintenance, improvements, or extensions of the facilities or other purposes shall not be used or pledged for any other purpose so long as such bonds, or any of them, are outstanding, and unpaid. (13) (19) The holder of any bond may for the equal benefit and protection of all holders of bonds similarly situated; (1) by mandamus or other appropriate proceedings require and compel the performance of any of the duties imposed upon the commission or assumed by it, its officers, agents, or employees under the provisions of any indenture, in connection with the acquisition, construction, operation, maintenance, repair, reconstruction, or insurance of the facilities, or in connection with the collection, deposit, investment, application, and disbursement of the rates, rents, tolls, fees, charges, and other revenues derived from the operation and use of the facilities, or in connection with the deposit, investment, and disbursement of the proceeds received from the sale of bonds; or (2) by action or suit in a court of competent jurisdiction of any signatory party require the commission to account as if it were the trustee of an express trust, or enjoin any acts or things which may be unlawful or in violation of the rights of the holders of the bonds. The enumeration of such rights and remedies, however, does not exclude the exercise or prosecution of any other rights or remedies available to the holders of bonds. (13) (20) (a) The signatory parties shall provide such capital funds required for projects of the commission as may be authorized by their respective statutes in accordance with a cost-sharing plan prepared pursuant to Article 12 of this compact; but nothing in this section shall be deemed to impose any mandatory obligation on any of the signatory parties other than such obligations as may be assumed by a signatory party in connection with a specific project or facility. (b) Bonds of the commission, notwithstanding any other provision of this compact, may be executed and delivered to any duly authorized agency of any of the signatory parties without public offering and may be sold and resold with or without the guaranty of such signatory party, subject to and in accordance with the constitutions of the respective signatory parties. (c) The commission may receive and accept, and the signatory parties may make, loans, grants, appropriations, advances, and payments of reimbursable or nonreimbursable funds or property in any form for the capital or operating purposes of the commission. Article 14 Plan, Program and Budgets (14) (1) The commission shall develop and adopt, and may from time to time review and revise, a comprehensive plan for the immediate and long range development and use of the water resources of the basin. The plan shall include all public and private projects and facilities which are required, in the judgment of the commission, for the optimum planning, development, conservation, utilization, management, and control of the water resources of the basin to meet present and future needs. The commission may adopt a comprehensive plan or any revision thereof in such part or parts as it may deem appropriate, provided that before the adoption of the plan or any part or revision thereof the commission shall consult with water users and interested public bodies and public utilities and shall consider and give due regard to the findings and recommendations of the various agencies of the signatory parties, their political subdivisions, and interested groups. The commission shall conduct public hearings upon due notice given with respect to the comprehensive plan prior to the adoption of the plan or any part of the revision thereof, except that public and private projects and facilities which, in the judgment of the commission, are not required for the optimum planning, development, conservation, utilization, management, and control of the water resources of the basin and which, in the judgment of the commission, will not significantly affect the water resources of the basin, may be added directly to the comprehensive plan at any time at the discretion of the commission without public hearing thereon. The comprehensive plan shall take into consideration the effect of the plan or any part thereof upon the receiving waters of Chesapeake Bay. (14) (2) The commission shall annually adopt a water resources program, based upon the comprehensive plan, consisting of the projects and facilities which the commission proposes to be undertaken by the commission and by other authorized governmental and private agencies, organizations, and persons during the ensuing six years or such other reasonably foreseeable period as the commission may determine. The water resources program shall include a systematic presentation of: (1) The quantity and quality of water resources needs for such period; (2) The existing and proposed projects and facilities required to satisfy such needs, including all public and private projects to be anticipated; and (3) A separate statement of the projects proposed to be undertaken by the commission during such period. (14) (3) (a) The commission shall annually adopt a capital budget including all capital projects it proposes to undertake or continue during the budget period containing a statement of the estimated cost of each project and the method of financing thereof. (b) The commission shall annually adopt a current expense budget for each fiscal year. Such budget shall include the commission's estimated expenses for administration, operation, maintenance, and repairs, including a separate statement thereof for each project, together with its cost allocation. The total of such expenses shall be balanced by the commission's estimated revenues from all sources, including the cost allocations undertaken by any of the signatory parties in connection with any project. Following the adoption of the annual current expense budget by the commission, the executive director of the commission shall: (1) Certify to the respective signatory parties the amounts due in accordance with existing cost sharing established for each project; and (2) Transmit certified copies of such budget to the principal budget officer of the respective signatory parties at such time and in such manner as may be required under their respective budgetary procedures. The amount required to balance the current expense budget in addition to the aggregate amount of item 1 above and all other revenues available to the commission shall be apportioned equitably among the signatory parties by unanimous vote of the commission, and the amount of such apportionment to each signatory party shall be certified together with the budget. (c) The respective signatory parties covenant and agree to include the amounts so apportioned for the support of the current expense budget in their respective budgets next to be adopted, subject to such review and approval as may be required by their respective budgetary processes. Such amounts shall be due and payable to the commission in quarterly installments during its fiscal year, provided that the commission may draw upon its working capital to finance its current expense budget pending remittance by the signatory parties. Article 15 General Provisions (15) (1) (a) The commission, for the purposes of this compact, may: (1) Adopt and use a corporate seal, enter into contracts, and sue and be sued in any court of competent jurisdiction; (2) Receive and accept such payments, appropriations, grants, gifts, loans, advances, and other funds, properties, and services as may be transferred or made available to it by any signatory party or by any other public or private corporation or individual, and enter into agreements to make reimbursement for all or part thereof; (3) Provide for, acquire, and adopt detailed engineering, administrative, financial, and operating plans and specifications to effectuate, maintain, or develop any facility or project; (4) Control and regulate the use of facilities owned or operated by the commission; (5) Acquire, own, operate, maintain, control, sell and convey real and personal property and any interest therein by contract, purchase, lease, license, mortgage, or otherwise as it may deem necessary for any project or facility, including any and all appurtenances thereto necessary, useful, or convenient for such ownership, operation, control, maintenance, or conveyance; (6) Have and exercise all corporate powers essential to the declared objects and purposes of the commission. (b) The commissioners, subject to the provisions of this compact, shall: (1) Serve as the governing body of the commission, and exercise and discharge its powers and duties, except as otherwise provided by or pursuant to this compact; (2) Determine the character of and the necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid subject to any provisions of law specifically applicable to agencies or instrumentalities created by this compact; (3) Provide for the internal organization and administration of the commission; (4) Appoint the principal officers of the commission and delegate to and allocate among them administrative functions, powers and duties; (5) Create and abolish offices, employments, and positions as it deems necessary for the purposes of the commission, and subject to the provisions of this article, fix and provide for the qualification, appointments, removal, term, tenure, compensation, pension, and retirement rights of its officers and employees; (6) Let and execute contracts to carry out the powers of the commission. (15) (2) The commission may: (1) Make and enforce rules and regulations for the effectuation, application, and enforcement of this compact; and it may adopt and enforce practices and schedules for or in connection with the use, maintenance, and administration of projects and facilities it may own or operate and any product or service rendered thereby; provided that any rule or regulation, other than one which deals solely with the internal management of the commission, shall not be effective unless and until filed in accordance with the law of the respective signatory parties applicable to administrative rules and regulations generally; and (2) Designate any officer, agent, or employee of the commission to be an investigator or watchman and such person shall be vested with the powers of a peace officer of the state in which he is duly assigned to perform his duties. (15) (3) The commission, its property, functions, and activities shall be exempt from taxation by or under the authority of any of the signatory parties or any political subdivision thereof; provided that in lieu of property taxes the commission, as to its specific projects, shall make payments to local taxing districts in annual amounts which shall equal the taxes lawfully assessed upon property for the tax year next prior to its acquisition by the commission for a period of ten years. The nature and amount of such payments shall be reviewed by the commission at the end of ten years, and from time to time thereafter, upon reasonable notice and opportunity to be heard to the affected taxing district, and the payments may be thereupon terminated or continued in such reasonable amount as may be necessary or desirable to take into account hardships incurred and benefits received by the taxing jurisdiction which are attributable to the project. (15) (4) (a) All meetings of the commission shall be open to the public. (b) The commission shall conduct at least one public hearing in each state prior to the adoption of the initial comprehensive plan. In all other cases wherein this compact requires a public hearing, such hearing shall be held upon not less than twenty days' public notice given by posting at the offices of the commission, and published at least once in a newspaper or newspapers of general circulation in the area or areas affected. The commission shall also provide forthwith for distribution of such notice to the press and by the mailing of a copy thereof to any person who shall request such notices. (c) The minutes of the commission shall be a public record open to inspection at its offices during regular business hours. (15) (5) (a) The officers of the commission shall consist of an executive director and such additional officers, deputies, and assistants as the commission may determine. The executive director shall be appointed and may be removed by the affirmative vote of a majority of the full membership of the commission. All other officers and employees shall be appointed or dismissed by the executive director under such rules of procedure as the commission may establish. (b) In the appointment and promotion of officers and employees for the commission, no political, racial, religious, or residence test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be solely on the basis of merit and fitness. Any officer or employee of the commission who is found by the commission to be guilty of a violation of this section shall be immediately dismissed. (15) (6) An oath of office in such form as the commission shall prescribe shall be taken, subscribed, and filed with the commission by the executive director and by each officer appointed by him not later than fifteen days after the appointment. (15) (7) Each officer shall give such bond and in such form and amount as the commission may require, for which the commission shall pay the premium. (15) (8) (a) No commissioner, officer or employee shall: (1) Be financially interested, either directly or indirectly, in any contract, sale, purchase, lease, or transfer of real or personal property to which the commission is a party; (2) Solicit or accept money or any other thing of value in addition to the compensation or expense paid him by the commission for services performed within the scope of his official duties; (3) Offer money or any thing of value for or in consideration of obtaining an appointment, promotion, or privilege in his employment with the commission. (b) Any officer or employee who willfully violates any of the provisions of this section shall forfeit his office or employment. (c) Any contract or agreement knowingly made in contravention of this section is void. (d) Officers and employees of the commission shall be subject, in addition to the provisions of this section, to such criminal and civil sanctions for misconduct in office as may be imposed by federal law and the law of the signatory state in which such misconduct occurs. (15) (9) Contracts for the construction, reconstruction or improvement of any facility when the expenditure required exceeds ten thousand dollars, and contracts for the purchase of services, supplies, equipment, and materials when the expenditure required exceeds five thousand dollars shall be advertised and let upon sealed bids to the lowest responsible bidder. Notice requesting such bids shall be published in a manner reasonably likely to attract prospective bidders, which publication shall be made at least thirty days before bids are received and in at least two newspapers of general circulation in the basin. The commission may reject any and all bids and readvertise in its discretion. If after rejecting bids the commission determines and resolves that in its opinion the supplies, equipment, and materials may be purchased at a lower price in the open market, the commission may give each responsible bidder an opportunity to negotiate a price and may proceed to purchase the supplies, equipment, and materials in the open market at a negotiated price which is lower than the lowest rejected bid of a responsible bidder, without further observance of the provisions requiring bids or notice. The commission shall adopt rules and regulations to provide for purchasing from the lowest responsible bidder when sealed bids, notice, and publication are not required by this section. The commission may suspend and waive the provisions of this section requiring competitive bids whenever: (1) The purchase is to be made from or the contract to be made with the federal or any state government or any agency or political subdivision thereof or pursuant to any open and bulk purchase contract of any of them; (2) The public exigency requires the immediate delivery of the articles or performance of the service; (3) Only one source of supply is available; (4) The equipment to be purchased is of a technical nature and the procurement thereof without advertising is necessary in order to assure standardization of equipment and interchangeability of parts in the public interest; or (5) Services are to be provided of a specialized or professional nature. (15) (10) The commission may self-insure or purchase insurance and pay the premiums therefor against loss or damage to any of its properties; against liability for injury to persons or property; and against loss of revenue from any cause whatsoever. Such insurance coverage shall be in such form and amount as the commission may determine, subject to the requirements of any agreement arising out of the issuance of bonds by the commission. (15) (11) (a) As soon as practical after the closing of the fiscal year an audit shall be made of the financial accounts of the commission. The audit shall be made by qualified certified public accountants selected by the commission, who have no personal interest direct or indirect in the financial affairs of the commission or any of its officers or employees. The report of audit shall be prepared in accordance with accepted accounting practices and shall be filed with the chairman and such other officers as the commission shall direct. Copies of the report shall be distributed to each commissioner and shall be made available for public distribution. (b) Each signatory party by its duly authorized officers shall be entitled to examine and audit at any time all of the books, documents, records, files, and accounts and all other papers, things, or property of the commission. The representatives of the signatory parties shall have access to all books, documents, records, accounts, reports, files, and all other papers, things, or property belonging to or in use by the commission and necessary to facilitate the audit and they shall be afforded full facilities for verifying transactions with the balances or securities held by depositaries, fiscal agents, and custodians. (c) The financial transactions of the commission shall be subject to audit by the General Accounting Office in accordance with the principles and procedures applicable to commercial corporate transactions and under such rules and regulations as may be prescribed by the Comptroller General of the United States. The audit shall be conducted at the place or places where the accounts of the commission are kept. (d) Any officer or employee who shall refuse to give all required assistance and information to the accountants selected by the commission or to the authorized officers of any signatory party or who shall refuse to submit to them for examination such books, documents, records, files, accounts, papers, things, or property as may be requested shall forfeit his office. (15) (12) The commission shall make and publish an annual report to the legislative bodies of the signatory parties and to the public reporting on its programs, operations, and finances. It may also prepare, publish, and distribute such other public reports and informational materials as it may deem necessary or desirable. (15) (13) (a) Any or all of the signatory parties or any political subdivision thereof may: (1) Appropriate to the commission such funds as may be necessary to pay preliminary expenses such as the expenses incurred in the making of borings, and other studies of subsurface conditions, in the preparation of contracts for the sale of water and in the preparation of detailed plans and estimates required for the financing of a project; (2) Advance to the commission, either as grants or loans, such funds as may be necessary or convenient to finance the operation and management of or construction by the commission of any facility or project; (3) Make payments to the commission for benefits received or to be received from the operation of any of the projects or facilities of the commission. (b) Any funds which may be loaned to the commission either by a signatory party or a political subdivision thereof shall be repaid by the commission through the issuance of bonds or out of other income of the commission, such repayment to be made within such period and upon such terms as may be agreed upon between the commission and the signatory party or political subdivision making the loan. (15) (14) (a) The commission shall have the power to acquire by condemnation the fee or any lesser interest in lands, lands lying under water, development rights in land, riparian rights, water rights, waters and other real or personal property within the basin for any project or facility authorized pursuant to this compact. This grant of power of eminent domain includes but is not limited to the power to condemn for the purposes of this compact any property already devoted to a public use, by whomsoever owned or held, other than property of a signatory party. Any condemnation of any property or franchises owned or used by a municipal or privately owned public utility, unless the affected public utility facility is to be relocated or replaced, shall be subject to the authority of such state board, commission, or other body as may have regulatory jurisdiction over such public utility. (b) The power of condemnation referred to in subsection (a) shall be exercised in accordance with the provisions of the state condemnation law in force in the signatory state in which the property is located. If there is no applicable state condemnation law, the power of condemnation shall be exercised in accordance with the provisions of federal condemnation law. (c) Any award or compensation for the taking of property pursuant to this article shall be paid by the commission, and none of the signatory parties nor any other agency, instrumentality or political subdivision thereof shall be liable for such award or compensation. (15) (15) (a) The respective officers, agencies, departments, commissions, or bodies having jurisdiction and control over real and personal property owned by the signatory parties are authorized and empowered to transfer and convey in accordance with the laws of the respective parties to the commission any such property as may be necessary or convenient to the effectuation of the authorized purposes of the commission. (b) Each political subdivision of each of the signatory parties, notwithstanding any contrary provisions of law, is authorized and empowered to grant and convey to the commission, upon the commission's request, any real property or any interest therein owned by such political subdivision including lands lying under water and lands already devoted to public use which may be necessary or convenient to the effectuation of the authorized purposes of the commission. (c) Any highway, public utility, or other public facility which will be dislocated by reason of a project deemed necessary by the commission to effectuate the authorized purposes of this compact shall be relocated and the cost thereof shall be paid in accordance with the law of the state in which the facility is located; provided that the cost of such relocation payable by the commission shall not in any event exceed the expenditure required to serve the public convenience and necessity. (15) (16) Permission is hereby granted to the commission to locate, construct, and maintain any aqueducts, lines, pipes, conduits, and auxiliary facilities authorized to be acquired, constructed, owned, operated, or maintained by the commission in, over, under, or across any streets and highways now or hereafter owned, opened, or dedicated to or for public use, subject to such reasonable conditions as the highway department of the signatory party may require. (15) (17) Any person, association, or corporation who violates or attempts or conspires to violate any provisions of this compact or any rule, regulation, or order of the commission duly made, promulgated, or issued pursuant to the compact in addition to any other remedy, penalty, or consequence provided by law shall be punishable as may be provided by statute of any of the signatory parties within which the violation is committed; provided that in the absence of such provision any such person, association, or corporation shall be liable to a penalty of not less than $50 nor more than $1,000 for each such violation to be fixed by the court which the commission may recover in its own name in any court of competent jurisdiction, and in a summary proceeding where available under the practice and procedure of such court. For the purposes of this section in the event of a continuing offense each day of such violation, attempt or conspiracy shall constitute a separate offense. (15) (18) The commission shall be responsible for claims arising out of the negligent acts or omissions of its officers, agents, and employees only to the extent and subject to the procedures prescribed by law generally with respect to officers, agents, and employees of the government of the United States. (15) (19) Nothing contained in this compact shall be construed as affecting or intending to affect or in any way to interfere with the law of the respective signatory parties relating to riparian rights. (15) (20) Amendments and supplements to this compact to implement the purposes thereof may be adopted by legislative action of any of the signatory parties concurred in by all of the others. (15) (21) The provisions of this compact and of agreements thereunder shall be severable and if any phrase, clause, sentence, or provision of the Susquehanna River Basin Compact or such agreement is declared to be unconstitutional or the applicability thereof to any signatory party, agency, or person is held invalid, the constitutionality of the remainder of such compact or such agreement and the applicability thereof to any other signatory party, agency, person, or circumstance shall not be affected thereby. It is the legislative intent that the provisions of such compact be reasonably and liberally construed. (15) (22) This compact shall become binding and effective thirty days after the enactment of concurring legislation by the federal government, the states of Maryland and New York, and the Commonwealth of Pennsylvania. The compact shall be signed and sealed in five identical original copies by the respective chief executives of the signatory parties. One such copy shall be filed with the secretary of state of each of the signatory parties or in accordance with the laws of the state in which the filing is made, and one copy shall be filed and retained in the archives of the commission upon its organization. #### Section 5-303 (a) There is a commission consisting of 3 members to act jointly with commissions appointed for like purposes by the state of West Virginia, the commonwealths of Pennsylvania and Virginia, the District of Columbia, and an additional 3 members to be appointed by the President of the United States and which, together with the other commissions appointed as mentioned, shall constitute and be known as the Interstate Commission on the Potomac River Basin. The Commission for the State of Maryland shall consist of the Governor of the State and 2 members to be named by the Governor, who shall be actual residents in the Potomac River Drainage Basin. The terms of the members appointed by the Governor shall be 2 years, the first of the appointments of 2 members to be made on June 1, 1939, and they shall serve without compensation, but shall be paid their actual expenses incurred in and incident to the performance of their duties as set forth. This State shall contribute to the Interstate Commission on the Potomac River Basin its pro rata share of the expenses of the Commission, which shall be the sums as may be appropriate for the purpose in the State budget. (b) The Governor of the State is authorized and directed to execute a compact on behalf of the State of Maryland with the other states and the District referred to, who may by their legislative bodies so authorize a compact in form substantially as follows: A COMPACT WHEREAS, It is recognized that abatement of existing pollution and the control of future pollution of interstate streams can best be promoted through a joint agency representing the several states located wholly or in part within the area drained by any such interstate stream; and WHEREAS, The Congress of the United States has given its consent to the states of Maryland and West Virginia, the commonwealths of Pennsylvania and Virginia, and the District of Columbia to enter into a compact providing for the creation of a conservancy district to consist of the drainage basin of the Potomac River and the main and tributary streams therein, for "the purpose of regulating, controlling, preventing, or otherwise rendering unobjectionable and harmless the pollution of the waters of said Potomac drainage area by sewage and industrial and other wastes"; and WHEREAS, The regulation, control and prevention of pollution is directly affected by the quantities of water in said streams and the uses to which such water may be put, thereby requiring integration and co-ordination of the planning for the development and use of the water and associated land resources through co-operation with, and support and co-ordination of, the activities of federal, state, local and private agencies, groups, and interests concerned with the development, utilization and conservation of the water and associated land resources of the said conservancy district; NOW THEREFORE, the states of Maryland and West Virginia, the commonwealths of Pennsylvania and Virginia, and the District of Columbia, hereinafter designated signatory bodies, do hereby create the Potomac Valley Conservancy District, hereinafter designated the Conservancy District, comprising all of the area drained by the Potomac River and its tributaries; and also, do hereby create, as an agency of each signatory body, the Interstate Commission on the Potomac River Basin, hereinafter designated the Commission, under the articles of organization as set forth below. Article I. The Interstate Commission on the Potomac River Basin shall consist of three members from each signatory body and three members appointed by the President of the United States. Said Commissioners, other than those appointed by the President, shall be chosen in a manner and for the terms provided by law of the signatory body from which they are appointed and shall serve without compensation from the Commission but shall be paid by the Commission their actual expenses incurred and incident to the performance of their duties. (a) The Commission shall meet and organize within thirty days after the effective date of this compact, shall elect from its number a chairman and vice-chairman, shall adopt suitable bylaws, shall make, adopt and promulgate such rules and regulations as are necessary for its management and control, and shall adopt a seal. (b) The Commission shall appoint and, at its pleasure, remove or discharge such officers and legal, engineering, clerical, expert and other assistants as may be required to carry the provisions of this compact into effect, and shall determine their qualifications and fix their duties and compensation. Such personnel as may be employed shall be employed without regard to any civil service or other similar requirements for employees of any of the signatory bodies. The Commission may maintain one or more offices for the transaction of its business and may meet at any time or place within the area of the signatory bodies. (c) The Commission shall keep accurate accounts of all receipts and disbursements and shall make an annual report thereof and shall in such report set forth in detail the operations and transactions conducted by it pursuant to this compact. The Commission, however, shall not incur any obligations for administrative or other expenses prior to the making of appropriations adequate to meet the same nor shall it in any way pledge the credit of any of the signatory bodies. Each of the signatory bodies reserves the right to make at any time an examination and audit of the accounts of the Commission. (d) A quorum of the Commission shall, for the transaction of business, the exercise of any powers, or the performance of any duties, consist of at least six members of the Commission who shall represent at least a majority of the signatory bodies; provided, however, that no action of the Commission relating to policy or stream classification or standards shall be binding on any one of the signatory bodies unless at least two of the Commissioners from such signatory body shall vote in favor thereof. Article II. The Commission shall have the power: (a) To collect, analyze, interpret, co-ordinate, tabulate, summarize and distribute, technical and other data relative to, and to conduct studies, sponsor research and prepare reports on, pollution and other water problems of the Conservancy District. (b) To co-operate with the legislative and administrative agencies of the signatory bodies, or the equivalent thereof, and with other commissions and federal, local governmental and nongovernmental agencies, organizations, groups and persons for the purpose of promoting uniform laws, rules or regulations for the abatement and control of pollution of streams and the utilization, conservation and development of the water and associated land resources in the said Conservancy District. (c) To disseminate to the public information in relation to stream pollution problems and the utilization, conservation and development of the water and associated land resources of the Conservancy District and on the aims, views, purposes, and recommendations of the Commission in relation thereto. (d) To co-operate with, assist, and provide liaison for and among, public and nonpublic agencies and organizations concerned with pollution and other water problems in the formulation and co-ordination of plans, programs and other activities relating to stream pollution or to the utilization, conservation or development of water or associated land resources, and to sponsor co-operative action in connection with the foregoing. (e) In its discretion and at any time during or after the formulation thereof, to review and to comment upon any plan or program of any public or private agency or organization relating to stream pollution or the utilization, conservation or development of water or associated land resources. (f) (1) To make and, if needful from time to time, revise and to recommend to the signatory bodies, reasonable minimum standards for the treatment of sewage and industrial or other wastes now discharged or to be discharged in the future to the streams of the Conservancy District, and also for cleanliness of the various streams in the Conservancy District. (2) To establish reasonable physical, chemical and bacteriological standards of water quality satisfactory for various classifications of use. It is agreed that each of the signatory bodies through appropriate agencies will prepare a classification of its interstate waters in the District in entirety or by portions according to present and proposed highest use, and for this purpose technical experts employed by appropriate state water-pollution control agencies are authorized to confer on questions relating to classification of interstate waters affecting two or more states. Each signatory body agrees to submit its classification of its interstate waters to the Commission with its recommendations thereon. The Commission shall review such classification and recommendations and accept or return the same with its comments. In the event of return, the signatory body will consider the comments of the Commission and resubmit the classification proposal, with or without amendment, with any additional comments for further action by the Commission. It is agreed that after acceptance of such classification, the signatory body through its appropriate state water-pollution control agencies will work to establish programs of treatment of sewage and industrial wastes which will meet or exceed standards established by the Commission for classified waters. The Commission may from time to time make such changes in definitions of classifications and in standards as may be required by changed conditions or as may be necessary for uniformity and in a manner similar to that in which these standards and classifications were originally established. It is recognized, owing to such variable factors as location, size, character and flow and the many varied uses of the waters subject to the terms of this compact, that no single standard of sewage and waste treatment and no single standard of quality of receiving waters is practical and that the degree of treatment of sewage and industrial wastes should take into account the classification of the receiving waters according to present and proposed highest use, such as for drinking water supply, bathing and other recreational purposes, maintenance and propagation of fish life, industrial and agricultural uses, navigation and disposal of wastes. Article III. For the purpose of dealing with the problems of pollution and of water and associated land resources in specific areas which directly affect two or more, but not all, signatory bodies, the Commission may establish sections of the Commission consisting of the Commissioners from such affected signatory bodies, provided, however, that no signatory body may be excluded from any section in which it wishes to participate. The Commissioners appointed by the President of the United States may participate in any section. The Commission shall designate, and from time to time may change, the geographical area with respect to which each section shall function. Each section shall, to such extent as the Commission may from time to time authorize, have authority to exercise and perform with respect to its designated geographical area any power or function vested in the Commission, and in addition may exercise such other powers and perform such functions as may be vested in such section by the laws of any signatory body or by the laws of the United States. The exercise or performance by a section of any power or function vested in the Commission may be financed by the Commission, but the exercise or performance of powers or functions vested solely in a section shall be financed through funds provided in advance by the bodies, including the United States, participating in such section. Article IV. The moneys necessary to finance the Commission in the administration of its business in the Conservancy District shall be provided through appropriations from the signatory bodies and the United States, in the manner prescribed by the laws of the several signatory bodies and of the United States, and in amounts as follows: The pro rata contribution shall be based on such factors as population, the amount of industrial and domestic pollution; and a flat service charge, as shall be determined from time to time by the Commission, subject, however, to the approval, ratification and appropriation of such contribution by the several signatory bodies. Article V. Pursuant to the aims and purposes of this compact, the signatory bodies mutually agree: (1) Faithful co-operation in the abatement of existing pollution and the prevention of future pollution in the streams of the Conservancy District and in the planning for the utilization, conservation and development of the water and associated land resources thereof. (2) The enactment of adequate and, insofar as is practicable, uniform legislation for the abatement and control of pollution and control and use of such streams. (3) The appropriation of biennial sums on the proportionate basis as set forth in Article IV. Article VI. This compact shall become effective immediately after it shall have been ratified by the majority of the legislatures of the states of Maryland and West Virginia, the commonwealths of Pennsylvania and Virginia, and by the Commissioners of the District of Columbia, and approved by the Congress of the United States; provided, however, that this compact shall not be effective as to any signatory body until ratified thereby. Article VII. Any signatory body may by legislative act, after one year's notice to the Commission, withdraw from this compact. #### Section 5-304 The Governor of the State shall appoint an alternate member for each of the 3 members of the Commission for the State of Maryland created by Sec. 5-303 of this subtitle. Each alternate shall have power to act in the absence of the person for whom he is alternate. The term of each alternate runs concurrently with the term of the member for whom he is an alternate. ### Subtitle 4. Maryland Potomac Water Authority #### Section 5-401 (a) In this subtitle the following words have the meanings indicated. (b) "Authority" means Maryland Potomac Water Authority. (c) "Federal government" means: (1) The United States of America; or (2) Any governmental agency of the United States of America. (d) "Initial cost" means the portion of water supply costs of the project which nonfederal entities must contract to repay prior to construction of the project. Actual payment of initial cost may be extended over a 50-year period beginning when augmented flow first is available from the project. (e) "Non-Maryland user" means a user not assessable by a represented county. (f) "Potomac River" means the main stem and North Branch of the Potomac River and its tributaries in those reaches below the augmented average flow surface level of the main stem and North Branch. (g) "Project" means a federally constructed dam, reservoir, and appurtenances on the North Branch of the Potomac River, commonly referred to as the Bloomington Dam project. (h) "Represented county" means any county enumerated in this subtitle as being within the district. (i) "The district", unless otherwise indicated in the text to mean the District of Columbia, means the area of jurisdiction of the Authority, which includes the following counties: Allegany, Frederick, Garrett, Montgomery, Prince George's, and Washington. (j) "User" means any person who uses water from the Potomac River for any purpose without regard to whether or not the water is consumed, altered, or replaced. #### Section 5-402 There is a Maryland Potomac Water Authority, established as a governmental unit and body politic and corporate, vested with the authority granted under the Constitution and laws of the State. The Maryland Potomac Water Authority has and shall exercise authority to conserve, control, and use for beneficial service storm and floodwaters of the rivers and streams of the Potomac River watershed in the district. The Authority may adopt and use a corporate seal, contract, sue and be sued, and perform any other corporate act to carry out this subtitle. #### Section 5-403 (a) (1) The Authority consists of 10 members. (2) The Secretary, the Secretary of Planning, and the General Manager of the Washington Suburban Sanitary District are ex officio, nonvoting members. These ex officio members may designate alternates from among the senior employees to represent them at meetings of the Authority when they are unable to attend. (3) The governing body of each represented county shall appoint 1 of its members to serve as a member and 1 to serve as an alternate on the Authority at the pleasure of the governing body. Each member is a voting member except the member of the governing body of Garrett County, who is a nonvoting member until that county is assessed for payments to the Authority under the provisions of Sec. 5-408 of this subtitle. (4) The Governor shall appoint 1 voting member to serve at the Governor's pleasure and be chairman of the Authority. (b) A member serves without compensation but shall be reimbursed for necessary travel expenses and disbursements incurred performing the member's official duties. #### Section 5-404 The unanimous vote of the voting members is required to approve any action of the Authority. #### Section 5-405 The Authority may appoint subcommittees and use the services of existing State and local units. #### Section 5-406 The Authority may contract with the federal government to acquire storage in the Bloomington Dam project to regulate the streamflow of the Potomac River for water supply subject to the provisions of the Constitution or laws of the State and the following restrictions: (1) Reservoir regulation to increase or decrease downstream flows for water supply purposes shall conform to a schedule agreed on in writing between the Authority and the federal government; (2) Any contract, revision, or change of any part of the agreement, prior to becoming effective, shall be reviewed by the Department and, as to legality, by the Attorney General; (3) No hold harmless or indemnity provision made a part of any contract the Authority enters into may bind the State or any of its political subdivisions; (4) The contract may not restrict access as provided by the Act of August 1, 1953 (67 Stat. 359); and (5) The terms of a contract between the Authority and the federal government may be renegotiated upon their mutual agreement. #### Section 5-407 Except as provided in Sec. 5-408(c) of this subtitle, the Authority may not pledge the faith and credit of the State, nor create any debt or obligation of the State. If any pledge, debt, or obligation is created, it is invalid. The members of the Authority are not liable as individuals for any contract made on behalf of the Authority. #### Section 5-408 (a) The Authority shall assess and collect charges for payment of the State's share of the initial cost of the project. Each represented county is assessed at a rate calculated from a cost-sharing formula based on a withdrawal ratio calculated as the sum of the average daily withdrawals from the Potomac River by all represented counties and non-Maryland users during the month of maximum withdrawal in the preceding calendar year divided into the average daily withdrawals for the county from the Potomac River during the same month. (b) The Authority shall assess non-Maryland users subject to appropriation requirements in Sec. 5-502 of this title based on a rate calculated by the same means used for assessment of represented counties. The Authority shall collect assessed charges from non-Maryland users in a manner the Authority prescribes. (c) The Authority may enter into any contract or agreement with the government of the District of Columbia for the District of Columbia to pay the Authority its equitable share of initial cost of the project. The contract shall contain provisions to which the Authority and the government of the District of Columbia agree and may include provisions to ascertain the District of Columbia's equitable share of costs, periodic revision of the amount of that share, and other cost payments by the District of Columbia. Any executed contract or agreement has full force and effect as a contract between the District of Columbia and the State. (d) An assessment of charges shall be: (1) Determined when the first payment is due, based on the preceding calendar year's daily withdrawal information; and (2) Updated annually. #### Section 5-409 Any permit for the appropriation of water from the Potomac River the Department issues to any non-Maryland user shall include a provision for payment for the use based on the provisions of Sec. 5-408 of this subtitle. The Department shall transfer the payment to the Authority for credit as the assessment of that non-Maryland user. #### Section 5-410 The Authority may issue rules and regulations to carry out its duties under this subtitle. The Authority is subject to the Administrative Procedure Act. #### Section 5-411 To satisfy any assessment established under Sec. 5-408 of this subtitle, each represented county, after public hearing, may impose reasonable assessment charges on users located in the county or employ any other means of assessment and collection authorized by law for collection of taxes or assessments, including imposing liens on real or personal property. #### Section 5-412 The Authority may receive from the State, its political subdivisions, the federal government, or any other source funds to apply to its obligations and duties under this subtitle. The Authority may borrow from the State and any represented county, and the State and any represented county may lend to the Authority funds the Authority requires to meet obligations under its contract with the federal government. #### Section 5-413 The Department shall make available to the Authority its expertise and consulting services, subject to any budgetary limitation. #### Section 5-414 The Authority shall prepare a budget to support its continued operation. One-half of the Authority's budget shall be requested by the Department from the General Assembly and the represented counties shall provide the other half. The Authority shall adopt a formula to determine each county's share of the budget. ### Subtitle 5. Appropriation or Use of Waters, Reservoirs, and Dams #### Section 5-501 (a) In order to conserve, protect, and use water resources of the State in accordance with the best interests of the people of Maryland, it is the policy of the State to control, so far as feasible, appropriation or use of surface waters and groundwaters of the State. Also, it is State policy to promote public safety and welfare and control and supervise, so far as is feasible, construction, reconstruction, and repair of dams, reservoirs, and other waterworks in any waters of the State. (b) (1) In accordance with the policy declared in this section, and provided that it will not jeopardize the State's natural resources, when appropriating groundwater of the State in Carroll, Frederick, or Washington counties, the Department may give priority to a public water system that provides water to: (i) A municipal corporation, not including those areas annexed after January 1, 2000; or (ii) A priority funding area established on or before January 1, 2000, under Sec. 5-7B-02(6) of the State Finance and Procurement Article. (2) The Department may adopt regulations to implement this subsection. (c) This subtitle is in addition to and not in substitution for any existing laws of the State. #### Section 5-502 (a) Every person is required to obtain a permit from the Department to appropriate or use or begin to construct any plant, building, or structure which may appropriate or use any waters of the State, whether surface water or groundwater. The permit is obtained upon written application to the Department. The applicant shall provide the Department with satisfactory proof that the proposed withdrawal of water will not jeopardize the State's natural resources. (b) This section does not apply to: (1) Use of water for domestic purposes other than for heating and cooling; (2) Use of water for agricultural purposes, if the average annual water use is less than 10,000 gallons per day, except as provided in subsection (c)(2) of this section; (3) Use of tidal waters for oyster aquaculture purposes, if the water is returned to the same body of water from which it is appropriated; or (4) Use of groundwater at an average annual water use of 5,000 gallons of water per day or less, provided that: (i) (1) The use is not for a public water system that: (A) Serves at least 15 service connections used by year-round residents of the area served by the system; or (B) Regularly serves at least 25 year-round residents; or (2) The use will not occur within a water management strategy area established by the Department; and (ii) The user files a notice of exemption with the Department at least 30 days before the use is proposed to begin. (c) (1) The Department shall issue a permit to a person using water prior to July 1, 1988 for agricultural purposes upon written application to the Department. (2) A person using less than an annual average of 10,000 gallons of water per day for agricultural purposes may apply for a permit to appropriate or use waters of the State. (d) When the Department determines that a water supply emergency exists and available water supplies are inadequate in an area to meet the needs of all persons who have permits under this subtitle, the following uses shall have priority for appropriation or use of water in the order listed: (1) Domestic and municipal uses for sanitation, drinking water, and public health and safety; (2) Agricultural uses, including the processing of agricultural products; and (3) All other uses. (e) Notwithstanding any other provision of this subtitle, an application for a certificate of public convenience and necessity associated with power plant construction which involves use or diversion of waters of the State made to the Public Service Commission under the Public Utilities Article constitutes an application for the permit required by this section, and the provisions of Sec. 3-306 of the Natural Resources Article apply. If an application is made to the Public Service Commission, the hearing provided for by this subtitle is not required. All evidence relevant to the purposes of this subtitle shall be presented at the hearing held by the Public Service Commission, as required by Sec. 7-207 of the Public Utilities Article. The permit required by this subtitle is included in the certificate of public convenience and necessity issued by the Public Service Commission. #### Section 5-503 (a) (1) A person shall obtain, on written application to the Department, a permit from the Department to: (i) Construct, reconstruct, or repair any reservoir, dam, or waterway obstruction; (ii) Make, construct, or permit to be made or constructed any change or addition to any reservoir, dam, or waterway obstruction; (iii) Make or permit to be made any change in, addition to, or repair of any existing waterway obstruction; or (iv) Change, in any manner, in whole or part the course, current, or cross section of any stream or body of water within the State, except tidal waters. (2) (i) If by March 1, 1982 a flood management plan for Jones Falls is not prepared and approved and implementation begun under Sec. 5-803 of this title, the Department shall adopt regulations limiting construction, reconstruction, or changes in the course, current, or cross section of the channel and floodplain of the Jones Falls in the Patapsco River watershed until such time as a flood management plan for Jones Falls is prepared, approved, and implemented under Subtitle 8 of this title. (ii) Regulations adopted pursuant to this paragraph may not apply: (1) To floodproofing of any existing structure; or (2) If use of the Pennington Avenue sanitary landfill site in Baltimore City as a sanitary landfill is terminated by the end of May 1, 1981, to any construction, reconstruction, development, or use of those properties in Baltimore City comprising and known as the Woodberry Quarry sanitary landfill site. (3) Due to variances in floodplain measurements, a new residential permit for construction in the Jones Falls floodplain within 25 feet adjacent to the floodplain may not be approved or issued until the flood management plan for the Jones Falls is prepared, approved, and implemented under Subtitle 8 of this title. (4) Regulations adopted by the Department as required under paragraph (2) of this subsection shall be null and void if the Department determines that a flood management plan for the Jones Falls in the Patapsco River has been adopted and implemented. (b) (1) A person is exempt from the requirement of obtaining a permit from the Department if: (i) The plans and specifications are approved by the appropriate soil conservation district or the Department's designee; (ii) The pond is not located within drainage of the Gwynns Falls, Jones Falls, or Herring Run streams situated in or adjacent to Baltimore City; (iii) The pond meets minimum standards for safety set forth in Department rules and regulations; (iv) The contributory drainage area is less than 1 square mile (640 acres); (v) The dam is not greater than 20 feet in height measured vertically from the lowest point on the top of the dam to the lowest point on the upstream toe of the dam; (vi) The pond is a low hazard structure the failure of which is unlikely to cause loss of life or property damage; and (vii) The pond is not a wastewater stabilization pond. (2) The soil conservation district or the Department's designee shall notify the Department of any pond approved under this subsection. (3) Nothing in this subsection is a limitation on the Department's authority under this subtitle. (4) (i) Each soil conservation district may recommend a fee system to cover the cost of reviewing plans for ponds that are exempt from permit requirements under this subsection. (ii) Subject to Sec. 8-311 of the Agriculture Article, any recommended fee system shall take effect upon enactment by the local governing body. (iii) Any fees collected under a fee system established in accordance with this paragraph shall be supplemental to county and State funds and may not: (1) Be used to reduce county or State funds; or (2) Exceed the cost of reviewing the plans. (c) (1) The Department, by regulation, may designate interjurisdictional watersheds in which any impoundment proposal is subject to review and approval by the Department for standards relating to safety and flood control. (2) Gwynns Falls, Jones Falls, and Herring Run, situated in or adjacent to Baltimore City, are designated interjurisdictional watersheds. (d) The provisions of this section do not restrict or limit the Department's jurisdiction over waste treatment structures, including dams, impoundments, ponds, and lagoons or limit the applicability of any other laws administered by the Department. (e) Agricultural drainage systems, for the purpose of lowering the level of water in the soil, with a total drainage area of 2,500 acres or less are exempt from the requirement of obtaining a permit from the Department, except that drainage systems financed or managed by a public drainage association are exempt from this requirement only if plans for construction, operation, and maintenance have been approved by the Secretary of Agriculture under Sec. 8-603 of the Agriculture Article. (f) The periodic maintenance of agricultural drainage systems constructed under the auspices of a public drainage or watershed association is exempt from the requirement of obtaining a permit from the Department if: (1) The maintenance is performed in accordance with a permit from the Department for the original construction or reconstruction of the drainage system; or (2) The maintenance is performed in accordance with an operation and maintenance plan approved by the local soil conservation district and the Secretary of Agriculture under Sec. 8-603 of the Agriculture Article. (g) The removal or demolition of residential structures is exempt from any permit requirement of this section. #### Section 5-503.1 (a) (1) This section applies to any dam that: (i) Has the potential to cause the loss of human life or substantial property damage in the event of structural failure; and (ii) Has been designated or verified by the Department as a high hazard or significant hazard dam, as defined in the classification of dams under regulations adopted by the Department. (2) This section does not apply to a dam that is licensed by, and subject to the jurisdiction of, the Federal Energy Regulatory Commission if the owner of the dam submits to the Department: (i) On or before August 1, 2017, a copy of the existing emergency action plan for the dam; and (ii) Within 30 days after filing with the Federal Energy Regulatory Commission any update to the emergency action plan, a copy of the update to the emergency action plan. (b) (1) An owner of a dam subject to this section shall prepare and submit to the Department for approval an emergency action plan in accordance with this section to protect downstream human life and safeguard property in the event of a structural failure or any other emergency. (2) An owner of an existing dam subject to this section shall submit a plan to the Department for approval on or before August 1, 2017. (3) A person proposing to construct a dam subject to this section shall submit a plan with an application for a permit to construct the dam under Sec. 5-503 of this subtitle. (c) An emergency action plan shall contain: (1) A description of the dam, including its hazard classification; (2) Maps or other graphic representations of areas downstream that have the potential to be affected by a structural failure or any other emergency; (3) A list of agencies and individuals responsible for monitoring weather and operating conditions at the dam during emergencies; (4) Detailed operating procedures for making decisions and taking actions to protect lives and property in areas downstream from the dam in the event of an emergency; (5) Procedures for notifying jurisdictions, businesses, and persons who have the potential to be affected by a dam failure or any other emergency; (6) A list of emergency management resources and equipment that could be needed in the event of an emergency; and (7) Any additional information required by the Department. (d) On approval of the emergency action plan by the Department, the dam owner shall provide copies of the plan to appropriate State and local emergency management agencies. (e) Emergency action plans shall be updated annually and submitted to the Department for approval on or before May 1 each year. (f) (1) An owner of a dam subject to this section shall conduct a functional exercise or test of the approved emergency action plan at least once every 5 years. (2) The results of the functional exercise or test required under paragraph (1) of this subsection shall be reported in the annual update to the emergency action plan that is submitted in the same year. (g) The Department may adopt regulations to implement this section. #### Section 5-504 A person shall obtain a permit from the Department to construct, reconstruct, change, or make an addition to any conduit, pipeline, wire cable, trestle, or other device, structure, or apparatus in, under, through, or over the bed or waters of the Potomac River. The permit is obtained upon written application to the Department. Obtaining, using, and holding this permit is subject severally to the provisions concerning permits found elsewhere in this subtitle. #### Section 5-505 Each application for a permit required by this subtitle shall be accompanied by maps, drawings, and specifications of proposed use or waterway obstruction, changes, additions, or repairs proposed to be made, and other data and information the Department requires. #### Section 5-506 (a) Upon application for a permit under this subtitle, and except as otherwise provided in this section, the procedures in Sec. 5-204 of this title shall apply. (b) Under the following conditions, the Department may waive the notice requirements and the holding of a public informational hearing on a permit application: (1) If there is an emergency or a request to make minor repairs, the Department, upon written or oral application, may grant an application to repair any reservoir, dam, or waterway obstruction without notice or hearing. Repair necessary to save life or property may be made without an application, but notice shall be given promptly to the Department; (2) If plans of other projects which conform to water resources development plans accepted and adopted by the Department were subject to public hearing, and the Department's review finds no changed conditions in them since the last public review and comment to justify another hearing; (3) If temporary structures constructed to provide access across streams during construction operations or to trap sediment or achieve another similar purpose meet minimum design standards the Department establishes, and are removed completely, in a manner acceptable to the Department, within 6 months after need for the structure is terminated; (4) If the requested waterway construction permit is for temporary excavation, filling, or grading for the installation of utilities which meet minimum design standards acceptable to the Department and preconstruction contours which are to be reestablished upon installation of the utility; (5) If the requested waterway construction permit is for clearing and grading activities disturbing less than 5,000 square feet of land area and disturbing less than 100 cubic yards of earth; or (6) If the requested waterway construction permit is for livestock crossing of a stream. (c) If contiguous property owners and interested persons who receive periodic reports are notified under Sec. 5-204 of this title, the Department may waive the notice requirements of this section and the holding of a public informational hearing on a permit application for roads, bridges, or culverts if they meet minimum design standards acceptable to the Department and construction does not adversely affect known water resources projects. (d) The Department shall waive notice requirements and the holding of a public hearing if the requested appropriation or use of waters of the State is for an agricultural use in effect prior to July 1, 1993. (e) Notwithstanding any other requirement of this section: (1) The Department may waive the notice and hearing requirements of this section if the appropriation requested is for: (i) An average annual water use of 10,000 gallons per day or less; or (ii) A construction dewatering project; and (2) The Department may waive the holding of a public informational hearing if the requested appropriation or use of waters of the State is greater than an average annual water use of 10,000 gallons per day but less than an average annual water use of 50,000 gallons per day. #### Section 5-507 (a) Before acting on any permit application, the Department shall weigh all respective public advantages and disadvantages and make all appropriate investigations. If the Department believes from the evidence before the Department and based upon State water resources policy declared in this subtitle that the applicant's plans provide greatest feasible utilization of the waters of the State, adequately preserve public safety, and promote the general public welfare, the Department shall grant the permit to appropriate or use the waters, construct, reconstruct, or repair the proposed reservoir, dam, or waterway obstruction, or accomplish any combination of these objectives. If the Department believes from the evidence before the Department that the proposed appropriation or use of State waters or proposed construction is inadequate, wasteful, dangerous, impracticable or detrimental to the best public interest, the Department may reject the application or suggest modifications to the proposed plans to protect the public welfare and safety. (b) (1) In granting any permit to appropriate or use water or construct any reservoir, dam or waterway obstruction, the Department may include any condition, term, or reservation concerning the character, amount, means, and manner of the appropriation or use or method of construction necessary to preserve proper control in the State and insure the safety and welfare of the people of the State. The Department may determine and specify what provisions to make, if any, in each permit granted to construct a dam or other waterwork for passage of fish. (2) Any measuring and reporting of water use required of a permittee by the Department shall be effective and reasonable under the circumstances. (3) Any regulations concerning measuring and reporting of agricultural water use or determination of aquifer or stream flow characteristics prior to issuance of a water appropriation permit for an agricultural water use shall be adopted by the Department with the advice and consent of the Secretary of Agriculture. #### Section 5-508 (a) Appropriation or use of any waters of the State, construction or beginning construction, making or beginning any change, addition, reconstruction, or repair of any reservoir, dam or waterway obstruction, only shall be in conformity with any term, condition, regulation, or restriction of the Department's permit or with any regulation the Department prescribes concerning any construction, change, addition, or repair. (b) (1) Any term, condition, regulation, or restriction imposed on an appropriation or use of waters of the State or on a reservoir, dam, waterway obstruction, or change in the course, current, or cross section of any stream, through a permit issued pursuant to this subtitle, shall be binding on the owner of the permitted land or facility at the time the permit is issued and on any heirs, successors, or assigns of the owner's interest in the land or facility. (2) As a condition of permit issuance or renewal under this subtitle to construct, reconstruct, change, add to, or repair any dam or reservoir, the Department shall require the owner of the permitted land or facility to record, in accordance with Sec.Sec. 3-102 and 3-103 of the Real Property Article, a memorandum prepared by the Department of the terms, conditions, regulations, or restrictions applicable to that land or facility. The recording shall be at the expense of the landowner. #### Section 5-509 (a) (1) In this section the following words have the meanings indicated. (2) "Asset owner" means the owner or person having control of a water infrastructure asset. (3) "Association" means: (i) A homeowners association, as defined in Sec. 11B-101 of the Real Property Article; (ii) A council of unit owners, as defined in Sec. 11-101 of the Real Property Article; or (iii) Any other entity owning or controlling a water infrastructure asset, the owners or members of which are owners of property adjacent to or benefited by the water infrastructure asset. (4) "Association member" means an owner or a member of an association. (5) "Water infrastructure asset" means a reservoir, a dam, or any other waterway construction. (b) (1) On complaint or the Department's own initiative, the Department may investigate or examine any water infrastructure asset. (2) If the Department determines that the water infrastructure asset is unsafe, needs repair, or should be removed because the water infrastructure asset is unsafe and not repairable, the Department shall notify the asset owner in writing to repair or remove the water infrastructure asset, as the situation warrants. (3) The repair or removal work shall be completed within a reasonable time, which time shall be prescribed in the Department's notice. (4) (i) This paragraph applies to a water infrastructure asset that the Department determines meets the criteria specified in paragraph (2) of this subsection. (ii) If the Department determines that changes to the water infrastructure asset, including removal of the asset, are a priority for improving fish passage or for other environmental benefits, the Department: (1) May partner with the asset owner and an organization that provides resources and expertise to plan, design, or finance changes to water infrastructure assets for the purpose of repairing, removing, or retrofitting the asset in a manner consistent with the Department's objectives; or (2) Shall prioritize the use of environmental outcomes, as defined in Sec. 9-1601 of this article, arising from the repair, removal, or retrofit of the water infrastructure asset in any environmental mitigation program identified by the Department. (iii) For the purpose of seeking financial assistance under Title 5, Subtitle 4 of the Economic Development Article, if the Department determines that the water infrastructure asset is not a priority under subparagraph (ii) of this paragraph but is a priority for installation of less than 30 megawatts of small hydroelectric power plant capacity, the Department shall provide notice to the Maryland Industrial Development Financing Authority of: (1) Any water infrastructure asset identified as a priority for installation of less than 30 megawatts of small hydroelectric power plant capacity under this paragraph; and (2) The repair, retrofit, or removal measures identified for the water infrastructure asset in the notice provided under paragraph (2) of this subsection. (c) If the work is not completed in the time prescribed in the notice: (1) The Department may have the work completed at the expense of the asset owner; (2) The Department shall charge the asset owner for the costs to complete the work; and (3) If repayment is not made within 30 days after written demand, the Department may bring an action in the proper court to recover the costs to complete the work. (d) (1) The Department may take emergency actions necessary to protect life, property, or the environment if: (i) (1) The Department determines that a water infrastructure asset is in imminent danger of failure; and (2) The asset owner has been issued a notice by the Department under subsection (b) of this section and has not completed the work in accordance with the time prescribed in the notice; or (ii) The Department determines that: (1) A water infrastructure asset is failing; and (2) The asset owner is not taking adequate actions to protect life, property, or the environment. (2) Emergency actions taken by the Department under this subsection may include: (i) Taking control of the water infrastructure asset; (ii) Lowering the level of water impounded by the water infrastructure asset by releasing the impounded water or by other means; (iii) Completely releasing all water impounded by the water infrastructure asset; (iv) Performing any necessary remedial or protective work at the site of the water infrastructure asset, including breaching the water infrastructure asset; and (v) Taking any other steps the Department deems necessary to safeguard life, property, or the environment. (3) The Department or its agents may enter any property, without prior notice to the owner of the property, if the entry is necessary to carry out emergency actions under this subsection. (4) If the Department takes control of a water infrastructure asset under paragraph (2)(i) of this subsection, the Department shall remain in charge and control of the water infrastructure asset until the Department has determined that the water infrastructure asset has been rendered safe or the circumstances requiring the emergency actions have ceased. (5) The Department may obtain equipment, personnel, and other resources for emergency actions taken under this subsection through any appropriate means, including emergency procurements under Sec. 13-108 of the State Finance and Procurement Article. (e) (1) Costs incurred by the Department under this section shall: (i) Constitute a debt owed to the State; and (ii) Be reimbursed to the Department by the asset owner. (2) If any such cost remains unreimbursed 30 days after the Department makes a demand for reimbursement from the asset owner, the water infrastructure asset shall be subject to the establishment of a lien in accordance with this section for the payment of the unreimbursed amount. (f) (1) With respect to costs incurred by the Department under this section relating to a water infrastructure asset for which an association is the asset owner, if any such cost remains unreimbursed 30 days after the Department makes a demand for reimbursement from the association, such costs shall be a debt to the State owed, and shall be reimbursed to the Department, by the association members, jointly and severally, notwithstanding any provision of law that would otherwise relieve the association members of such liability. (2) If any such cost remains unreimbursed 30 days after the Department makes a demand for reimbursement from the association members, the lots, condominium units, or other property owned by the association members that is adjacent to or benefited by the water infrastructure asset shall be subject to the establishment of a lien in accordance with this section for the payment of the unreimbursed amount. (g) (1) Any lien arising under subsections (e) and (f) of this section shall, to the extent not otherwise expressly prohibited by law, have priority over all other liens and encumbrances perfected after July 1, 2020, on the water infrastructure asset, or the lots, condominium units, or other property owned by the association members that is adjacent to or benefited by the water infrastructure asset. (2) The establishment and enforcement of liens arising under subsections (e) and (f) of this section shall be governed by the rules set forth in Title 12, Chapter 300 of the Maryland Rules. (h) No action may be brought against the State, the Department, or their respective agents or employees for the recovery of damages caused by the partial or total failure of any water infrastructure asset, or the control or operation of any water infrastructure asset, on the ground that the State, the Department, or their respective agents or employees are liable by virtue of any of the following: (1) The approval or permitting of the water infrastructure asset; (2) The issuance or enforcement of orders relative to maintenance or operation of the water infrastructure asset; (3) Control or regulation of the water infrastructure asset; (4) Actions taken to protect against failure during an emergency, including any actions taken under this subsection; (5) The use of design and construction criteria prepared, approved, or promulgated by the Department; or (6) The failure to issue or enforce orders, to control or regulate water infrastructure assets, to take measures to protect against any failure thereof, or to take any emergency actions contemplated by this subsection. (i) Nothing in this section, and no act or omission of the Department under this section, shall be construed to relieve an asset owner of: (1) The legal duties, obligations, or liabilities incident to the ownership or operation of a water infrastructure asset; or (2) Any liability for acts or omissions of the asset owner that cause injury or death to any person, damage to any property or the environment, or violation of any law, regulation, or permit, even if acts or omissions of the Department under this section could be deemed an intervening cause of such injury, death, damage, or violation. (j) This section does not apply to farm ponds used for agricultural purposes. #### Section 5-509.1 (a) In this section, "dam owner" means the owner or person having control of the normal operation or maintenance of a dam. (b) (1) This section applies to a dam that is: (i) Included in the Maryland Dam Inventory; and (ii) Not owned by the federal government. (2) This section does not apply to a reservoir, dam, waterway obstruction, or small pond that is exempt from permit requirements under Sec. 5-503(b) of this subtitle. (c) Except as otherwise provided in this subtitle, all dam owners shall register their dams annually with the Department. (d) Beginning January 1, 2027, to register with the Department, a dam owner shall: (1) Submit an application to the Department on the form provided by the Department; and (2) Pay to the Department a registration fee. (e) The registration fee shall be: (1) For a low hazard class dam, $200; (2) For a significant hazard class dam, $500; and (3) For a high hazard class dam, $1,000. (f) Registration fees collected under this section shall be paid into the Private Dam Repair Fund established under Sec. 5-509.2 of this subtitle. (g) (1) The Department shall establish criteria to fully or partially waive the registration fee under this section due to financial hardship. (2) The waiver criteria established under paragraph (1) of this subsection shall prioritize individual homeowners. #### Section 5-509.2 (a) (1) In this section the following words have the meanings indicated. (2) "Dam owner" has the meaning stated in Sec. 5-509 of this subtitle. (3) (i) "Eligible cost" means any cost to be incurred by a dam owner for the repair, emergency repair, or permanent breach of a dam. (ii) "Eligible cost" includes construction activities, engineering fees, demolition, excavation, stabilization, and related costs. (4) "Fund" means the Private Dam Repair Fund. (5) "Loan" means a private dam repair loan made in accordance with this section. (6) "Private dam" means a dam that is not owned by the federal government, the State government, or a county or municipal government. (7) "Unsafe condition" has the meaning stated in Sec. 5-509 of this subtitle. (b) (1) There is a Private Dam Repair Fund. (2) The purpose of the Fund is to provide financial assistance for the repair, upgrade, or removal of private dams in accordance with this subtitle. (3) The Maryland Water Infrastructure Financing Administration within the Department shall administer the Fund. (c) (1) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (d) The Fund consists of: (1) Dam safety permit fees collected by the Department under Sec. 5-203.2 of this title; (2) Dam owner registration fees collected by the Department under Sec. 5-509.1 of this subtitle; (3) Payments received from borrowers for deposit into the Fund in repayment of loans issued under subsection (h) of this section, including any loan origination fees; (4) Penalties distributed to the Fund under Sec. 5-514(c)(2) of this subtitle; (5) Funds appropriated in the State budget to the Fund; (6) Interest earnings; and (7) Any other money from any other source accepted for the benefit of the Fund. (e) The Fund may be used only for: (1) Providing financial assistance to private dam owners for Department-directed upgrades, repairs, or removals; (2) Making loans in accordance with this section; (3) Funding emergency repairs and removals of private dams performed by the Department; and (4) Reimbursing the administrative cost to the Department of processing and issuing dam safety permits and performing the duties under Sec. 5-509 of this subtitle. (f) (1) The State Treasurer shall invest money of the Fund in the same manner as other State money may be invested. (2) Any interest earnings of the Fund shall be credited to the Fund. (g) Expenditures from the Fund may be made only in accordance with the State budget. (h) (1) (i) Beginning July 1, 2028, the Department may provide loans from the Fund to owners of private dams for the purpose of repairing or removing private dams deemed to be in an unsafe condition by the Department. (ii) Loans made under this subsection shall be administered by the Maryland Water Infrastructure Financing Administration in accordance with Sec.Sec. 9-1604 and 9-1606 of this article. (2) (i) The Department may establish criteria for awarding loans under the Fund. (ii) Eligible applicants may include dam owners that: (1) Have an approved emergency action plan in accordance with Sec. 5-503.1 of this subtitle; (2) Have had an inspection of the private dam performed by the Department that documents deficiencies in accordance with Sec. 5-509 of this subtitle within the past 24 months; (3) Can demonstrate, with documentation, actions taken to address deficiencies indicated in inspection reports prepared by the Department; and (4) Have demonstrated an ability to repay a loan. (3) Each loan may be in an amount that covers the reasonable and necessary eligible costs of a project, as determined by the Department, for which funds are sought by the applicant and that are not provided by other available sources. (4) A dam owner may use multiple programs or sources to fund the repair or removal costs for a dam in an unsafe condition up to 100% of the costs. (5) A dam owner seeking a loan shall submit a complete loan application to the Department on a form provided by the Department. (6) The repayment period for a loan may not exceed 20 years. (7) The loan shall be made at or below market interest rates. (8) The Department may charge a loan origination fee that may be used for the reasonable cost of administering the loan program. (9) If the Department determines that a dam owner does not have the financial resources to repay a loan granted under this subsection, the Department may, at the Department's discretion, authorize partial forgiveness of the loan. (10) Full repayment of the loan shall be required on sale or transfer of the property. (11) (i) The Department may establish remedies for loan recipients who fail to meet repayment obligations under the loan terms. (ii) In addition to any other action authorized by this subtitle, the Attorney General may bring an action to recover principal, interest, late fees and penalties, attorney's fees, and costs from any loan recipient that defaults on the loan recipient's obligations under the loan agreement. (iii) (1) In the event of a default on a loan obligation issued under this subsection, the Department may place a lien against the property that, subject to the tax liens of the federal, State, and local governments, shall have the same priority and status as a lien of the State for unpaid taxes under Sec.Sec. 14-804 and 14-805 of the Tax - Property Article. (2) The Department may exercise the same rights and powers in enforcing the lien and collecting funds for the payment of amounts in default under the loan obligation as the State may exercise in collecting unpaid taxes under Title 14, Subtitle 8 of the Tax - Property Article. (12) The Department shall adopt regulations to carry out this subsection. (i) On or before November 1, 2026, and each November 1 thereafter, the Department shall report to the Governor and, subject to Sec. 2-1257 of the State Government Article, the General Assembly on: (1) The status of the Fund; (2) Revenues, encumbrances to, and expenditures from the Fund; (3) A description of the projects funded by the Fund; and (4) The number of applications for financial assistance from the Fund that were denied. #### Section 5-510 (a) Except for permits issued for the appropriation or use of water for agricultural purposes, the Department shall prescribe a time limit not exceeding 2 years from the grant of a permit, during which construction, reconstruction, or repair shall begin or appropriation or use of water shall be completed. (b) The Department shall prescribe a time limit, not more than 5 years from the grant of any permit, during which construction, reconstruction, or repair of reservoirs, dams, or waterway obstruction shall be completed. (c) The Department may extend a permit-time limit for good cause shown. #### Section 5-511 The Department shall review triennially every appropriation and use of water for which a required permit is granted, to ascertain if the appropriation and use of water is being made according to quantity limitations and other conditions established by permit. Unless a permit is for the periodic appropriation or use of water for agricultural purposes, the Department shall correct a permit where the total quantity of water permitted to be appropriated and used is not used or needed. #### Section 5-512 (a) The provisions of this subtitle do not amend or repeal: (1) Any law relating to the Public Service Commission or to water and water structures; or (2) Any act or parts of acts consistent with the provisions of this subtitle. (b) The provisions of this subtitle do not impair any riparian or other vested right, nor amend, repeal, limit, impair, or alter any right, power, or privilege granted by the General Assembly to the Mayor and City Council of Baltimore to appropriate or use any river, stream, or water in the State to augment and improve the municipal water supply of Baltimore City. #### Section 5-513 On application of the Department, verified by oath or affirmation, the circuit court for any county, sitting in equity, may enforce by injunction, compliance with, or restraint from violating or attempting to violate any provisions of this subtitle or any Department order, notice, or regulation made under this subtitle. #### Section 5-514 (a) (1) In addition to being subject to an injunctive action under this subtitle, a person who violates any provision of this subtitle or any regulation, order, or permit adopted or issued under this subtitle is liable for a civil penalty not exceeding $10,000 per violation to be collected in a civil action brought by the Department. (2) Each day a violation occurs or continues is a separate violation under this subsection. (3) (i) Before bringing a civil action against a local government under this subsection, the Department shall meet and consult with the local government to seek an alternative resolution to the contested issue. (ii) Prior consultation by the Department with the local government shall constitute compliance with this subsection. (b) A person who violates a provision of this subtitle or a regulation adopted under this subtitle is subject to the penalties provided in Sec. 9-343 of this article. (c) (1) In addition to any other remedies available at law or in equity and after an opportunity for a hearing, which may be waived in writing by the person accused of a violation, the Department may impose a penalty for violation of any provision of this subtitle or any regulation, order, or permit adopted or issued under this subtitle. (2) The penalty imposed on a person under this subsection shall be: (i) Up to $5,000 for each violation, but not exceeding $100,000 total; and (ii) Assessed with consideration given to: (1) The willfulness of the violation, the extent to which the existence of the violation was known to but uncorrected by the violator, and the extent to which the violator exercised reasonable care; (2) Any actual harm to the environment or to human health, including injury to or impairment of the use of the waters of the State or the natural resources of the State; (3) The cost of cleanup and the cost of restoration of natural resources; (4) The nature and degree of injury to or interference with general welfare, health, and property; (5) The extent to which the location of the violation, including location near waters of the State or areas of human population, creates the potential for harm to the environment or to human health or safety; (6) The available technology and economic reasonableness of controlling, reducing, or eliminating the violation; (7) The degree of hazard or harm posed by the violation; (8) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator; and (9) The degree of cooperation with the Department after being notified of the violation and any good faith efforts to address the violation. (3) Each day a violation exists is a separate violation under this subsection. (4) Any penalty imposed under this subsection is payable to the State and collectible in any manner provided at law for the collection of debts. (5) If any person who is liable to pay a penalty imposed under this subsection fails to pay the penalty after demand, the amount, together with interest and any costs that may accrue, shall be a lien in favor of the State on any: (i) Real property of the person when recorded with the clerk of the circuit court for the county in which the property is located; and (ii) Personal property of the person when attached and levied by the State in accordance with the Maryland Rules. (d) Before taking any civil or administrative action to recover a penalty under subsection (a) or (c) of this section, the Department shall: (1) Provide the person alleged to have violated this subtitle with written notice of the proposed penalty and an opportunity for an informal meeting concerning settlement of the proposed civil or administrative penalty; (2) Use discretion to determine whether a formal enforcement action under this section is appropriate; and (3) If applicable, review any good faith application from the person, or an authorized representative of the person, for a loan from the Private Dam Repair Fund. (e) (1) Except as provided in paragraph (2) of this subsection, all funds collected by the Department under this section, including any civil or administrative penalties or any fine imposed by a court under the provisions of this section, shall be paid into the Maryland Clean Water Fund. (2) Funds collected by the Department under this section relating to an unsafe condition shall be paid into the Private Dam Repair Fund. #### Section 5-515 (a) After or concurrently with the service of a complaint under this subtitle, the Department may: (1) Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order; (2) Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or (3) Send a written notice that requires the person to whom the notice is directed: (i) To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or (ii) To file a written report and also to appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint. (b) Any order issued under this section is effective immediately, according to its terms, when it is served. #### Section 5-516 (a) The Department shall give notice and hold any hearing related to orders imposed under this subtitle in accordance with the Administrative Procedure Act. (b) (1) Within 10 days after being served with an order under Sec. 5-515(a)(1) of this subtitle, the person served may request in writing a hearing before the Department. (2) (i) Subject to subparagraph (ii) of this paragraph, if a request for a hearing on an order is made under this subsection, the Department shall: (1) Hold the hearing promptly after receiving the request; and (2) Render a decision promptly after the hearing. (ii) If a request for a hearing on an order is made under this subsection and the Department alleges in the order that there is an imminent threat or danger to the public health or safety or to the environment, the Department shall: (1) Hold the hearing within 10 days after receiving the request; and (2) Render a decision within 10 days after the hearing. (c) Within 10 days after being served with a notice under Sec. 5-515(a)(2) of this subtitle, the person served may request in writing a hearing before the Department. (d) The Department may make a verbatim record of the proceedings of any hearing held under this subtitle. (e) (1) In connection with any hearing under this subtitle, the Department may: (i) Subpoena any person or evidence; and (ii) Order a witness to give evidence. (2) A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action. (3) If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Department, a circuit court, by order, may: (i) Compel obedience to the Department's order or subpoena; or (ii) Compel testimony or the production of evidence. (4) The court may punish as contempt any failure to obey its order issued under this section. ### Subtitle 5B. Maryland Water Conservation #### Section 5-5B-01 (a) In this subtitle the following words have the meanings indicated. (b) "Expanded water appropriation permit" means a revised permit granting a significant increase in the withdrawal of water authorized under the existing water appropriation permit. (c) "Public water system" has the meaning stated in Sec. 9-401 of this article and is a water system located in the State. (d) "Water conservation" means the use of practices, techniques, and technologies that: (1) Reduce the consumption, loss, or waste of water; (2) Improve efficiency in the use of water; or (3) Make more efficient use of water treatment infrastructure. #### Section 5-5B-02 This subtitle applies to public water systems serving at least 10,000 individuals that: (1) Apply for a new or expanded water appropriation permit; or (2) Apply for State financial assistance including the Maryland Water Quality Revolving Loan Fund as provided in Sec. 9-1605 of this article and any other State funding source. #### Section 5-5B-03 It is the policy of the State of Maryland to: (1) Encourage investment in cost-effective measures that improve the efficiency with which water is used, treated, stored, and transmitted in the State; (2) Reduce costs associated with treating, storing, and transmitting water; and (3) Protect the State's natural resources, including the fish and wildlife of the Potomac River, the Chesapeake Bay, and all other waters and waterways of the State. #### Section 5-5B-04 (a) When applying for a new or expanded water appropriation permit or State financial assistance, public water systems shall include a description of best management practices currently in use, or to be implemented, for improving water conservation and the efficiency with which water is used, treated, stored, and transmitted. The application shall also include a schedule for the implementation of best management practices. (b) Best management practices may include the following: (1) Practices designed to measure the amount of water conveyed through the system's infrastructure to water users, such as universal metering; (2) Audits of large-volume users; (3) Reuse and recycling of water for nonpotable, nonresidential applications; (4) Management of system pressure to reduce usage; (5) Retrofit programs; (6) Efficiency in landscape design and irrigation techniques; (7) Wastewater reclamation and recycling programs; (8) Fixture replacement programs; (9) Water and wastewater pricing structures that encourage improved efficiency; (10) Rebates and other financial incentives; (11) An education program for users designed to promote increased efficiency and conservation; and (12) Promotion or adoption of local water-use ordinances that encourage water conservation. #### Section 5-5B-05 (a) In reviewing requests for new or expanded water appropriation permits by public water systems, as defined by this subtitle, the Department shall consider existing local initiatives and voluntary efforts and best management practices set forth for implementation within a permit application. (b) In reviewing and prioritizing requests by public water systems, as defined by this subtitle, for State financial assistance through the Maryland Water Quality Revolving Loan Fund under Sec. 9-1605 of this article and other State funding sources, the Department shall consider local initiatives and voluntary efforts, and the best management practices set forth for implementation within a financial assistance application. (c) On or before October 1, 2003, the Department shall issue guidelines to public water systems on best management practices for improving water conservation and efficiency in water use, treatment, storage, and transmission, including: (1) Costs and cost-savings associated with implementing examples of specific best management practices; (2) Water conservation associated with implementing specific best management practices; and (3) Priority eligibility for funding through State financial resources for drinking water and wastewater treatment improvements including the Maryland Water Quality Revolving Loan Fund under Sec. 9-1605 of this article and other State or federal financial assistance when best management practices are implemented. (d) The Department may adopt regulations to establish the minimum increase in the amount of water to be withdrawn under an expanded water appropriation permit that requires compliance with this subtitle. ### Subtitle 6. Maryland Geothermal Resources Act #### Section 5-601 (a) In this subtitle the following words have the meanings indicated. (b) "Construction" means any clearing, grading, excavation, building, or the commencement of any of these activities. (c) "Department" means the Department of the Environment. (d) "Exploratory activities" means any activity involving the drilling of test wells for geothermal resources. (e) (1) "Geothermal resources" means the natural heat of the earth higher than 120 degrees Fahrenheit or 49 degrees centigrade, or the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or which may be extracted from, this natural heat, the natural or artificial medium containing that heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth. (2) "Geothermal resources" do not include oil, hydrocarbon gas, and other hydrocarbon substances. (f) "Person" includes corporations, companies, associations, firms, partnerships, joint stock companies, individuals, and government agencies. (g) "Well" means any excavation or other alteration of the earth's surface or crust by means of which geothermal resources may be obtained. #### Section 5-602 (a) Geothermal resources are a natural resource in the State which possess great potential value for the State and the nation as a whole. (b) In exploring and developing geothermal resources, maximum possible consideration shall be afforded to: (1) Avoiding waste and unreasonable use of natural resources; (2) Protecting the environment; and (3) Optimizing the productive use of the resource. #### Section 5-603 (a) The Department shall be responsible for the management and regulation of the geothermal resources in the State. (b) The Department may contract for research and scientific investigation in order to determine the potential of the geothermal resources in the State. (c) The Department may conduct and participate in development projects designed to demonstrate the feasibility of utilizing the State's geothermal resources. (d) The Department may use any funds made available for the purpose of exploring, analyzing, developing, and using geothermal resources. (e) The Department may establish reasonable fees to cover the cost of processing permit applications. (f) The Department shall adopt regulations necessary to assure safe and efficient undertaking of any operation to bore, core, dig, or construct a well. These regulations may allow for reinjection if there is adequate determination that the reinjection would maintain the integrity of the supply. (g) The Department may adopt regulations necessary to implement this subtitle. #### Section 5-604 (a) Every person is required to obtain a permit from the Department before conducting any geothermal resource exploratory activities. The applicant for this permit must have the legal right to use the surface. The permit is obtained upon written application to the Department. (b) The application shall state the intended location of exploration, give assurance of the applicant's right to use the surface for exploration, provide an exploratory work program, and provide any information requested by the Department. (c) The Department may approve an application if the Department determines that: (1) The applicant is qualified to conduct exploratory work; (2) The applicant will comply with all applicable laws; and (3) The applicant's work program provides adequate protection for the natural resources of the State. (d) The permit required by this section shall be in lieu of any permit required by Subtitle 5 of this title or Title 9, Subtitle 13 of this article. #### Section 5-605 (a) A person shall obtain a permit from the Department to appropriate or use or to construct any well, plant, building, or structure which may appropriate or use geothermal resources of the State. The permit is obtained upon written application to the Department. The applicant for the permit must have the legal right to use the surface and give assurance of this right. (b) The application shall be accompanied by the following information and any other information as required by the Department: (1) A project description specifying: (i) What is planned to be constructed, its purpose, use, location, estimated cost, and size; and (ii) The methods of construction, construction schedule, and operation procedure; (2) A list of licenses, permits, or other approvals required by any government unit; (3) Detailed information as to the need for the use and facts concerning alternate site locations as may be requested by the Department; and (4) Information providing proof of the discovery of a geothermal resource and an evaluation of the resource. (c) After public notice and opportunity for public hearing, the Department may issue a permit for the appropriation or use of geothermal resources if the Department finds that the applicant has demonstrated that the use: (1) Conforms with and meets all applicable air, water, and noise laws of the State; (2) Conforms with all applicable State and local plans; (3) Would have no material adverse effect upon the natural environment of the area, its scenic or natural beauty, rare or irreplaceable resources, or unique historic site; (4) Would not be so located, constructed, or operated as to have a material adverse effect upon the public health, safety, or welfare; (5) Would not be a potential or immediate undue burden on the water supply of the site or region; and (6) Would not cause an unreasonable rate of resource exhaustion. (d) The permit required by this section shall be in lieu of any permit required by Subtitle 5 of this title or Title 9, Subtitle 13 of this article. #### Section 5-606 After receiving notification from the Department that an application for an exploratory or appropriation permit has been approved, but prior to commencing any construction, the applicant shall file a bond with the Department. The amount of the bond shall be determined by the Department. The bond shall be conditioned that the applicant will faithfully perform every requirement of this subtitle and regulations issued pursuant to this subtitle. The bond shall be executed by the applicant and a corporate surety licensed to do business in the State. The provisions of this section do not apply to the State, political subdivisions, or municipalities. #### Section 5-607 A request for judicial review of the Secretary's action on any application shall be made within 30 days after the decision has been rendered. Proceedings shall be filed in the circuit court having jurisdiction in which the facility or any part of the facility is to be situated. #### Section 5-608 (a) Any person who violates any provision of this subtitle may be enjoined by a court of competent jurisdiction upon application of the Department acting through the Attorney General. (b) Any person who violates any provision of this subtitle or any permit or order issued under this subtitle is liable to a penalty not exceeding $10,000, as well as being subject to being enjoined as provided in subsection (a) of this section. The monetary penalty provided may be recovered in a civil action by the Department through the Attorney General. #### Section 5-609 (a) This subtitle shall be liberally construed to effectuate its intents and purposes. (b) This subtitle may not be construed to be in derogation of any powers or State laws, but shall be regarded as supplemental and in addition to powers conferred by other laws. ### Subtitle 7. Flood Control and Water Supply Powers and Functions #### Section 5-701 (a) The Department is responsible for developing and carrying out a long range program for controlling flood waters in the State. In addition, the Department shall cooperate with the federal and local governments to control State flood waters and serve in a liaison capacity to these governments in any flood control matter. (b) The Department shall provide technical assistance to local governments and other State units to interpret flood information and draft local land use and other regulations pertaining to areas subject to flooding. It shall review plans for local public works and exercise regulatory control over them in or on waters of the State as provided in Subtitle 5 of this title. The Department shall administer financial assistance for flood control as funds for this purpose are made available. #### Section 5-702 (a) When need arises in the State for water-supply storage or storage for streamflow regulation for quality control, either or both of which can be provided by a federally constructed reservoir, and cost of storage is nonreimbursable when used for streamflow regulation, or is to be repaid by nonfederal interest when used for water supply, the Department, after consulting with concerned units and jurisdictions, shall estimate: (1) The amount of water-supply storage required to meet both initial and future needs in the potential service area within the State; and (2) The need for and benefits of storage for regulation of streamflow for quality control. (b) The Department shall contract with appropriate federal authorities to obtain reimbursement of costs for initial water supply and furnish reasonable assurance that costs allocated to future water supply for use in the State will be repaid. When future water supply is required, the Department shall contract with federal authorities for reimbursement. #### Section 5-703 In carrying out its responsibility for water resources planning, development, and management, the Department shall cooperate with federal, State, and local agencies in any water resources project or program affecting waters of the State. The Department shall administer available financial assistance for these projects or programs. In furtherance of the Department's responsibility under this section, when local entities agree to pay all other nonfederal costs and operate and maintain structures installed using federal assistance authorized under the Watershed Protection and Flood Prevention Act, the Department shall consider the following: (1) A contribution by the State of up to 50% of the nonfederal share of approved projects under PL 566; (2) Using funds in programs or projects for flood control, recreation, fish and wildlife, water supply, and flow augmentation; and (3) Limiting State participation to land acquisition for dams and impounded areas and construction of dams. Additional land beyond the flood pool level, access roads, and recreational facilities may not be part of the program or project. #### Section 5-704 When the General Assembly determines that it is necessary to acquire interests or rights in real property for sound and proper land and watershed management or for any other purpose in the public interest, the State may acquire these interests or rights by purchase, gift, grant, or lease of any property interest. To achieve these purposes the Department may receive, expend, and otherwise administer any contribution, donation, or appropriation which is made available by the United States, the State, any political subdivision, or any person. ### Subtitle 8. Flood Control and Watershed Management #### Section 5-801 (a) In this subtitle the following terms have the meanings indicated. (b) "Area of nontidal inundation" means an area within the State which is subject to inundation caused predominately by accumulated surface runoff or excess rainfall runoff, or both. (c) "Area of tidal inundation" means an area within the State which is subject to inundation caused predominately by tides or wind-driven waters, or both. (d) "Department" means the Department of the Environment. (e) "Federal flood insurance program" means the program established by the National Flood Insurance Act of 1968, as amended. (f) "Flood hazard area" means an area of tidal or nontidal inundation resulting from a 100-year flood event and established pursuant to the provisions of Sec. 5-803 of this subtitle. (g) "100-year flood event" or "100-year flood" means a flood that has a 1% chance of being equalled or exceeded in any given year. (h) "Secretary" means the Secretary of the Environment. (i) "Subdivision" means: (1) Any county, including Baltimore City; and (2) Any incorporated municipality which has the authority to adopt and enforce land use and control measures for the areas within its jurisdiction. #### Section 5-802 (a) The General Assembly finds and declares that: (1) Recurrent flooding of a portion of the State's land resources causes loss of life, damage to property, disruption of commerce and governmental services, and unsanitary conditions, all of which are detrimental to the health, safety, welfare, and property of the occupants of flood hazard areas of the State; (2) Considerable public costs are incurred through the emergency preparedness program and by replacing public utilities and other public capital investments destroyed or damaged by floods; (3) Flood waters disregard jurisdictional boundaries; and (4) The public interest necessitates management of waters and flood hazard areas for the objectives of preventing and alleviating flood threats to life and health, reducing private and public economic losses, and to the extent possible, preserving the biological values associated with these land and water resources. (b) The policy and purposes of this subtitle are: (1) To assist in the guidance of development to minimize the impacts of flooding; (2) To provide State guidelines and technical assistance to local governments in management of flood hazard areas; (3) To provide for comprehensive watershed management; (4) To facilitate implementation of projects for flood control; (5) To encourage and provide for local governmental units to manage flood-prone lands in a comprehensive manner; (6) To provide for the biological and environmental quality of the watersheds of the State; and (7) To establish a grant program to assist local jurisdictions with: (i) Implementation of those capital projects included within the comprehensive flood management plans which are adopted and approved in accordance with this subtitle; and (ii) Infrastructure repairs, watershed restoration, and emergency protection work associated with a flood event. #### Section 5-803 (a) By January 1, 1982 the Department, after consultation with and consideration of recommendations submitted by subdivisions and the Department of Agriculture and the Department of Planning, shall designate a priority list of watersheds for the purpose of flood control planning and management and establish a schedule for completion of studies of these watersheds. (b) (1) The Department, in cooperation with the subdivisions and the Department of Agriculture and the Department of Planning, shall conduct studies of the watersheds designated pursuant to subsection (a) of this section which shall define at least: (i) The existing magnitude and frequency of flood events; (ii) The magnitude and frequency of flood events based on planned development; and (iii) Alternative management techniques according to their effectiveness in controlling floods and minimizing flood damage. (2) The studies shall address at least the 100-year flood event. (3) By mutual agreement, the Department may delegate the responsibility for carrying out all or part of the studies of priority watersheds to the appropriate subdivisions. (c) As a part of the study undertaken under subsection (b) of this section, the Department shall delineate the flood hazard areas on maps showing areas of tidal and nontidal inundation. (d) (1) By July 1, 1990 each subdivision, in cooperation with the Departments of the Environment and Agriculture, the Department of Planning, and other appropriate State agencies, shall prepare a flood management plan based upon an evaluation of the alternative management techniques and other findings included in studies conducted under subsection (b) of this section. Each flood management plan shall be consistent with the purposes and provisions of this subtitle. (2) Management techniques may include: (i) Flood control dams; (ii) Levees and dikes; (iii) Stormwater detention or retention structures; (iv) Public acquisition; (v) Flood proofing; (vi) Storm drain and stream maintenance; (vii) Tax adjustment policies; (viii) Subdivision, zoning, and related ordinances; and (ix) Other practical methods. (3) Management techniques shall include flood warning systems. (e) In any interjurisdictional watershed, those portions of the flood management plans of the subdivisions relating to the watershed shall be subject to review and approval by the Department as one plan. Any comprehensive flood management plan which includes a project for which grant funds are requested under this section is subject to review and approval by the Department. If a plan is disapproved, the Secretary shall set forth in writing the reason for disapproval. Disapproval of a plan shall be based only on flood management considerations. (f) The Department and the subdivisions shall coordinate activities under this section with all related programs, including the national flood insurance program, the sediment control program, and the State water pollution control and abatement programs. (g) (1) Each subdivision shall implement the flood management plan for its watershed. If a subdivision so elects, the Department, in consultation with the subdivision, shall prepare the regulations to implement the flood management plan. The subdivision shall adopt these regulations. If a municipality elects and the county agrees, the county, in consultation with the municipality, shall prepare the regulations. If the county does not agree, the Department, in consultation with the municipality, shall prepare, if requested, the regulations. The municipality shall adopt the regulations prepared for the municipality. Implementation of the flood management plans shall begin within 1 year after they are completed. (2) (i) Baltimore City and Baltimore County shall include in the flood management plan for the Jones Falls watershed and adopt regulations prohibiting any person from erecting any new residential structure or any substantial residential structural changes which would constitute any amount of encroachment into the 100-year floodplain of the nontidal Jones Falls, and requiring all new nonresidential structures or improvements, except flood control projects, to be elevated above the 100-year flood elevation. However, these restrictions may be construed not to apply to any public works project of Baltimore City, Baltimore County, or the State. (ii) In issuing any manner of permit or approval to any person to modify or renovate any existing structure or to modify the use of any open land area in the 100-year floodplain of the nontidal Jones Falls, Baltimore City or Baltimore County shall impose conditions to require that risk of injury to persons or property shall be minimized to the greatest extent practicable. (h) (1) There is a comprehensive flood management grant program within the Department. (2) (i) Subject to the approval of the Board of Public Works, the Department may use proceeds from the State debt created to fund the comprehensive flood management grant program to pay the entire cost of watershed studies pursuant to subsection (b) of this section. (ii) The Department may provide grants to subdivisions to pay the entire cost of watershed studies when the Department delegates that responsibility pursuant to subsection (b) of this section. (3) (i) Subject to the approval of the Board of Public Works, the Department may provide grants to subdivisions for flood control and watershed management capital projects, and for the capital costs related to design, purchase, and installation of automated flood warning projects, provided that the projects are consistent with the plans and implementation prepared and adopted in accordance with this subtitle, and provided further that each project: (1) Is undertaken as part of a comprehensive flood management plan prepared and adopted by the subdivision; and (2) Is not inconsistent with any State or interjurisdictional flood management plan. (ii) Grants for automated flood warnings projects shall be conditioned to require all affected local governing bodies to: (1) Adopt a specific and compatible response plan which has been coordinated with local emergency management authorities and reviewed and approved by the Department and the Maryland Department of Emergency Management; and (2) Provide for financial and other commitments to properly operate and maintain the project. (iii) (1) The amount of any grant made by the Department for a flood control and watershed management capital project that involves only nonfederal funds and meets the criteria of this subtitle shall be matched by a minimum amount of 25% of project costs in local government or private funds. (2) For a flood control and watershed management capital project that involves federal funding and meets the criteria of this subtitle: (A) The Department may provide up to 50% of the nonfederal share of the project funding; and (B) Local government or private funds shall provide not less than 50% of the nonfederal share of the project funding. (iv) Each project application for a grant under this paragraph shall be submitted to and reviewed by the State clearinghouse of the Department of Planning in accordance with established clearinghouse procedures. (4) (i) Subject to the approval of the Board of Public Works, the Department may provide grants to subdivisions immediately after a flood for acquisition of any flood damaged owner-occupied dwelling. (ii) Total expenditures for grants made under this paragraph may not exceed 50% of the total authorized budgeted funds in a fiscal year for grants under this subsection. (5) (i) The Department may award grants to subdivisions that have incurred at least $1,000,000 in infrastructure damage caused by a flood event that occurred on or after January 1, 2009. (ii) The total amount of grants awarded by the Department to subdivisions under this paragraph may: (1) For fiscal years 2020, 2021, and 2022, equal up to 100% of the total amount of money appropriated to the comprehensive flood management program; and (2) For fiscal year 2023 and each fiscal year thereafter, equal up to 50% of the total amount of money appropriated to the comprehensive flood management program. (iii) A grant awarded to a subdivision under this paragraph may be: (1) For an amount of up to 50% of the combined cost of infrastructure repairs, watershed restoration, and emergency work associated with the flood event; (2) Used for infrastructure repairs, watershed management, or emergency protection work associated with the flood event; and (3) Used for expenses associated with item 2 of this subparagraph that the subdivision has already incurred. (iv) The Department shall prioritize awarding grants under this paragraph to subdivisions in which: (1) Infrastructure damage occurred in an area designated by the Maryland Historical Trust as an historic district; or (2) Infrastructure damage caused by a flood event has occurred more than once within the previous 5 years. (6) (i) The Department may award grants to municipalities to provide matching funds to assist with the costs of making improvements to existing open drainage inlets in accordance with Sec. 4-112 of the Local Government Article. (ii) In each of fiscal years 2029 through 2031, $250,000 of the money appropriated to the comprehensive flood management grant program shall be used to award grants under this paragraph. (7) To receive a grant, the subdivision must participate in the national flood insurance program. (8) Before awarding a grant under paragraphs (2), (3), or (4) of this subsection, the Department, in cooperation with the Department of Planning, shall review the flood control and watershed management operations of the applicant subdivision to assure that the flood control and watershed management operations are in compliance with this subtitle. (9) (i) For fiscal year 2026 and each fiscal year thereafter, the Governor may include in the annual State budget an appropriation for the comprehensive flood management grant program of up to $20,000,000. (ii) For fiscal year 2026 and each fiscal year thereafter, at least 40% of funding provided under the comprehensive flood management grant program shall be used for projects located in or directly benefiting underserved or overburdened communities, as defined in Sec. 1-701 of this article. (iii) Funds not awarded from the comprehensive flood management grant program by the end of a fiscal year: (1) Shall remain in the program; and (2) Are not subject to Sec. 7-302 of the State Finance and Procurement Article. (10) (i) The Department, in consultation with the Department of Planning, shall adopt regulations necessary for the administration of the grant program. (ii) These regulations may include: (1) A determination of statewide and interjurisdictional needs and priorities; (2) Standards of eligibility for applicants and projects; (3) Criteria for recognition of tidal and nontidal areas; (4) Engineering and economic standards and alternatives; and (5) Procedures for filing and processing contents of applications. #### Section 5-804 (a) The Department shall assure that State construction projects and State-assisted construction projects meet the requirements of this subtitle. (b) The Department shall evaluate the effects of changes in the character of the watersheds. In order to assist the Department, the subdivisions shall provide the Department with information on local development, changes in land use, and other physical changes. The Department is the depository for all flood-related data and activities with regard to the provisions of Sec. 5-803 of this subtitle. (c) The Department periodically shall review the maps of flood hazard areas and local activities undertaken pursuant to this subtitle to determine whether its provisions are being adhered to. #### Section 5-805 (a) Each subdivision shall take measures to enforce the provisions of this subtitle within its jurisdiction, including the enactment of a local law prescribing a civil penalty in the form of a fine not exceeding $500 for each day of violation of any local law the subdivision enacts to implement this subtitle. The local law shall provide that each day upon which a violation occurs or continues constitutes a separate offense. The local law shall provide that the total civil penalty may not exceed $10,000. (b) If a subdivision fails to enforce any provision of this subtitle, including any ordinance or local law the subdivision enacts pursuant to this subtitle, or if the subdivision does not possess the authority to correct a violation of this subtitle, the Department may request the Attorney General to take appropriate legal action to correct the violation. (c) A court exercising equity jurisdiction in the county where the land or any part of the land or water covered by this subtitle is located may restrain any violation of this subtitle, or order the abatement of a condition resulting from any violation and order the restoration of lands and waters to the condition existing prior to the violation, in an action brought by a subdivision affected by the violation, by the Department, by any authorized unit or officer of the Department, or by the Attorney General. #### Section 5-806 By mutual agreement, the Department may delegate all or part of the Department's responsibilities under this subtitle to a subdivision if the Department determines that the subdivision has the technical and financial resources to fulfill the responsibilities to be delegated. #### Section 5-807 The provisions of this subtitle concerning the authorities of the Department and the subdivisions of the State with respect to flood hazard management are in addition to any other provision of law. #### Section 5-808 Engineering, technical, and administrative services required to implement the provisions of this subtitle shall be funded as provided in the State budget. #### Section 5-809 This subtitle may be cited as the Flood Hazard Management Act of 1976. #### Section 5-810 (a) (1) In this section the following words have the meanings indicated. (2) "FEMA elevation certificate" means the certificate issued by the Federal Emergency Management Agency that certifies official elevation and building data for a property located within a special flood hazard area in order to inform flood insurance premiums. (3) "Moderate-risk flood hazard area" means an area that is: (i) Identified by the Federal Emergency Management Agency as having a 0.2% chance of annual flooding; and (ii) Commonly known as the 500-year floodplain. (4) "Special flood hazard area" means an area that is: (i) Identified by the Federal Emergency Management Agency as having a 1% chance of annual flooding; and (ii) Commonly known as the 100-year floodplain. (b) (1) The Department shall develop, publish, and maintain a real property flood risk disclosure statement form for use in connection with a sale of residential real property as provided in Sec. 10-716 of the Real Property Article. (2) The flood risk disclosure statement form shall, at minimum, include the following information: (i) Whether the property is located wholly or partly within a special flood hazard area; (ii) Whether the property is located wholly or partly within a moderate-risk flood hazard area; (iii) Whether the property is subject to a requirement under federal law that requires the owner to obtain and maintain flood insurance; (iv) Whether the vendor has knowledge of any past occurrence where an owner received aid for flood damage on the property from the Federal Emergency Management Agency, the U.S. Small Business Administration, or other federal disaster assistance program; (v) Whether the vendor currently has flood insurance for the property; (vi) Whether there is a FEMA elevation certificate available for the property; (vii) Whether the vendor has knowledge of any claims filed for flood damage to the property, including with the national flood insurance program; and (viii) Whether the vendor has knowledge that the property experiences, or has experienced, any flood damage, water seepage, or pooled water due to a natural flooding event, including flooding caused by heavy rainfall, a coastal storm surge, tidal inundation, or river overflows. ### Subtitle 9. Nontidal Wetlands #### Section 5-901 (a) In this subtitle the following words have the meanings indicated. (b) (1) "Agricultural activity" means aquaculture and farming activities. (2) "Agricultural activity" includes: (i) Plowing, tillage, cropping, seeding, cultivating, and harvesting for the production of food and fiber products; and (ii) The grazing of livestock. (c) "Best management practices" means conservation practices or systems of practices and management measures that: (1) Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment; and (2) Minimize adverse impacts to the surface water and groundwater flow and circulation patterns, and to the chemical, physical, and biological characteristics of a nontidal wetland. (d) "Compensation ratio" means the ratio of the area of wetland restored, created, or enhanced to the area of wetland for which mitigation is required. (e) "Department" means the Department of the Environment. (f) "Forestry activity" means planting, cultivating, thinning, harvesting, or any other activity undertaken to use forest resources or to improve their quality or productivity. (g) "Hydrologic unit" means a drainage area within: (1) A multilevel hierarchical drainage system established under the National Watershed Boundary Dataset as published by the U.S. Geological Survey and as amended, revised, or replaced from time to time; and (2) Which drainage boundaries are established using hydrographic and topographic data to delineate an area of land upstream from a specific point on a river, stream, or a similar surface water. (h) "Hydrologic unit code" means a numerical identifier that describes a hydrologic unit's physical location and position within the drainage system hierarchy. (i) "Instrument" means the formal written agreement between mitigation bank owners and the Department that establishes liability, performance standards, management and monitoring requirements, and the terms of bank credit approval. (j) "Interagency review team" means an interagency group of federal, State, and local agencies that reviews documentation for, and advises the Department on, the establishment of proposed mitigation banks and the development of the instrument. (k) "Isolated nontidal wetland" means a nontidal wetland that is not hydrologically connected, through surface or subsurface flow, to streams, tidal or nontidal wetlands, or tidal waters. (l) "Mitigation banking" means wetland restoration, creation, or enhancement undertaken expressly for the purpose of providing compensation credits for wetland losses from future activities. (m) (1) "Nontidal wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. (2) The determination of whether an area is a nontidal wetland shall be made in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands", published in 1989 and as may be amended. (3) "Nontidal wetlands" do not include tidal wetlands regulated under Title 16 of this article. (n) (1) "Regulated activity" means any of the following activities in a nontidal wetland or within a 25 foot buffer of the nontidal wetland: (i) The removal, excavation, or dredging of soil, sand, gravel, minerals, organic matter, or materials of any kind; (ii) The changing of existing drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics; (iii) The disturbance of the water level or water table by drainage, impoundment, or other means; (iv) The dumping, discharging of material, or filling with material, including the driving of piles and placing of obstructions; (v) The grading or removal of material that would alter existing topography; and (vi) The destruction or removal of plant life that would alter the character of a nontidal wetland. (2) "Regulated activity" does not include an agricultural activity or forestry activity as defined in this section. (o) "Service area" means the geographic area within which impacts can be mitigated at a specific mitigation bank, as designated in its instrument. (p) "Soil conservation and water quality plan" means a land use plan for a farm that shows a farmer how to make best possible use of soil and water resources while protecting and conserving those resources for the future. #### Section 5-902 (a) The General Assembly finds that nontidal wetlands play important roles in the preservation and protection of the Chesapeake Bay and other waters of the State. Nontidal wetlands serve important roles through the reduction of pollutant loadings, including excess nutrients, sediment, and toxics, the attenuation of floodwaters and stormwaters, shoreline stabilization and erosion control, waterfowl breeding and habitat for many species of fish, game and nongame birds, and mammals, including rare and endangered species, food chain support, and timber production. Many nontidal wetlands have already been lost or degraded due to the combined effects of population growth and land use. Further degradation and losses of nontidal wetlands will contribute to the decline of the Chesapeake Bay and other waters of the State. (b) It is the intent of the General Assembly to protect the waters of the State through a comprehensive, statewide nontidal wetland program in cooperation with federal agencies, other states, and local government. The goal of the program shall be to attain no net overall loss in nontidal wetland acreage and function and to strive for a net resource gain in nontidal wetlands over present conditions. (c) It is the intent of the General Assembly that: (1) Waters of the State be protected; (2) Further degradation and losses of nontidal wetlands due to human activity be prevented wherever possible; and (3) Where unavoidable losses or degradations occur as a result of permitted human activity, these losses or degradations be offset wherever practicable and feasible through the deliberate restoration or creation of nontidal wetlands. #### Section 5-903 (a) There is a statewide program within the Department for the conservation, regulation, enhancement, creation, monitoring, and wise use of nontidal wetlands. (b) The Department shall: (1) Coordinate with other State agencies, federal agencies, other states, local governments, and interested persons in the regulation of nontidal wetlands; (2) Assist local governments in undertaking nontidal wetland management planning, including mapping, technical assistance, and expediting the permit process; (3) Develop certification programs to ensure uniform and professional standards for the identification, delineation, functional assessment, and mitigation of nontidal wetlands; (4) Evaluate proposed activities on nontidal wetlands and grant or deny permits or other approvals of proposed activities; (5) Conduct watershed studies and educational programs and disseminate information concerning the nontidal wetlands program; (6) Prepare, adopt, and periodically revise guidance maps of nontidal wetlands; (7) Adopt standards for planning, regulating, restoring, creating, and enhancing nontidal wetlands; (8) Purchase, restore, and create nontidal wetlands; and (9) Conduct periodic monitoring, cumulative impact assessment, and evaluation of activities authorized under this subtitle. (c) By December 31, 1989 the Department shall adopt final regulations necessary to administer this subtitle, in accordance with Sec. 10-111(a) of the State Government Article. #### Section 5-904 (a) (1) The Department may delegate all or part of its authority under this subtitle to any county that enacts a nontidal wetland protection program by December 31, 1994 that meets at least the minimum standards adopted by the Department. (2) (i) After December 31, 1994, the Department may delegate all or part of its authority under this subtitle to a county that applies to the Department to initiate a nontidal wetland protection program and meets at least the minimum standards adopted by the Department. (ii) The Department shall establish a schedule for acceptance of applications from counties to initiate programs under this paragraph that provides a limited period of time once every 2 years for counties to submit their applications to the Department. (3) A delegation in accordance with this subsection: (i) May not be effective for more than 2 years; and (ii) May be renewed by the Department for additional 2-year periods. (4) After an opportunity for a hearing and upon a finding that the county program is not being administered in a manner consistent with the standards adopted by the Department, the Department may withdraw program delegation. (b) Any regulated activity undertaken by a unit of State government shall comply with the provisions of this subtitle, including the provisions of this subtitle requiring the issuance of a nontidal wetland permit by the Department. The unit is not required to have local government approval. #### Section 5-905 (a) The following agricultural and forestry activities are exempt from the approval and mitigation requirements of this section: (1) Agricultural activities undertaken in accordance with public drainage regulations; (2) Agricultural and forestry activities, including the repair and maintenance of farm ponds, drainage ditches, channels, subsurface drains, causeways, bridges, or water control structures, provided that they do not drain, dredge, fill, or convert nontidal wetlands on which agricultural and forestry activities are not presently conducted; (3) Agricultural and forestry activities on areas that have laid fallow as part of a conventional rotational cycle or due to a civil action involving ownership of the property; (4) Agricultural and forestry activities on areas that had been set aside or taken out of production under a formal State or federal program; (5) Forestry activities not requiring an erosion and sediment control plan; (6) Construction or maintenance of forest roads and skid trails in accordance with best management practices; and (7) Other activities exempted by the Department by regulation to maintain consistency with federal law. (b) (1) After December 31, 1990 agricultural activities conducted in nontidal wetlands that are not exempted under subsection (a) of this section require the soil conservation district to approve a soil conservation and water quality plan that contains best management practices to protect nontidal wetlands in compliance with regulations adopted by the Department in consultation with the Department of Agriculture. (2) After December 31, 1990 forestry activities required to have an erosion and sediment control plan that are not exempted under subsection (a) of this section shall incorporate nontidal wetlands best management practices in compliance with regulations under this subtitle. (c) After December 31, 1990 if an agricultural activity that is not exempted under subsection (a) of this section results in a loss of nontidal wetlands, the Department shall require that a soil conservation and water quality plan include mitigation for the loss within 3 years. Mitigation may include creation or restoration of nontidal wetlands or monetary compensation. In determining the extent of mitigation, the Department shall consider the benefits provided by best management practices. If the State Department of Agriculture determines in writing that mitigation will create an economic hardship that would jeopardize the continued operation of the farm, mitigation may be deferred until: (1) The economic hardship no longer exists; (2) The current owner or operator transfers the farm to a new owner or operator, however, the current owner or operator is responsible for mitigation; or (3) Agricultural activities no longer take place on the nontidal wetland. (d) The soil conservation district shall be responsible for delineating the extent of nontidal wetlands affected by agricultural or forestry activities. #### Section 5-906 (a) The following types of activities shall be exempt from the permit requirements of this section if notice is given to the Department and best management practices are implemented: (1) Activities which normally occur in nontidal wetlands with minimal impact on nontidal wetlands, including the repair and maintenance of existing structures, utilities, including underground utilities, rights-of-way, and railroad beds; or (2) Activities in isolated nontidal wetlands of less than 1 acre and having no significant plant or wildlife value. (b) (1) After December 31, 1990 a person may not conduct a regulated activity without first obtaining a permit from the Department. (2) In addition to obtaining a permit, a person shall comply with all other pollution control, flood hazard reduction, sediment control, stormwater management, local zoning, and other applicable federal, State, and local regulations. (c) To apply for a permit, the applicant shall submit a delineation of the affected nontidal wetlands and all other information as required by the Department. (d) Within 45 days from receipt of the application, the Department shall notify the applicant whether the application is complete and the delineation is correct. If the Department fails to notify the applicant about the application or delineation within 45 days, the delineation shall be treated by the Department as correct and the application shall be treated as complete. The Department may request further information or provide for an extension of this deadline when extenuating circumstances prevent consideration of the application. (e) After receipt of a complete application, under the procedures of Sec. 5-204(b) through (e) of this title the Department shall issue public notice of an opportunity to submit written comments or to request a hearing. A hearing shall be held within 45 days if requested, unless extenuating circumstances justify an extension of time. The hearing is not a contested case under the State Government Article. (f) In granting a permit, the Department may impose conditions or limitations required to carry out the provisions of this subtitle. (g) The Department may require a bond or other instrument to secure compliance with the conditions in the permit. (h) The Department may issue a temporary emergency permit for a regulated activity if: (1) An unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; and (2) The anticipated threat or loss may occur before a permit can be issued or modified as provided under this subtitle. (i) (1) By December 31, 1989 the Department shall designate by regulation nontidal wetlands for which the buffer is to be expanded beyond 25 feet, but the total buffer may not exceed 100 feet, to assure adequate protections from adjacent activities or conditions which may adversely affect the nontidal wetland and associated aquatic ecosystem. (2) Activities or conditions where the buffer may be expanded beyond 25 feet include the presence of slopes, highly erodible soils or other soils with development constraints, or the presence of nontidal wetlands of special State concern. (j) The Department shall grant, deny, or condition a permit within 45 days of a public hearing or within 60 days of the receipt of a completed application if no hearing is held. After notifying the applicant, the Department may extend its action beyond these time periods for an additional 30 days for extenuating circumstances. #### Section 5-907 (a) The Department may not issue a nontidal wetland permit for a regulated activity unless the Department finds that the applicant has demonstrated that the regulated activity: (1) (i) Is water dependent and requires access to the nontidal wetland as a central element of its basic function; or (ii) Is not water dependent and has no practicable alternative; (2) Will minimize alteration or impairment of the nontidal wetland, including existing topography, vegetation, fish and wildlife resources, and hydrological conditions; (3) Will not cause or contribute to a degradation of groundwaters or surface waters; and (4) Is consistent with any comprehensive management plan that may be developed in accordance with Sec. 5-908 of this subtitle. (b) The applicant shall demonstrate to the satisfaction of the Department that practicable alternatives have been analyzed and that the regulated activity has no practicable alternative. In evaluating whether the proposed regulated activity has a practicable alternative, the Department shall consider: (1) Whether the basic project purpose cannot be reasonably accomplished utilizing one or more other sites in the same general area that would avoid or result in less adverse impact on nontidal wetlands; (2) Whether a reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs that would result in less adverse impact on the nontidal wetland would not accomplish the basic purpose of the project; (3) In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as inadequate zoning, infrastructure, or parcel size, whether the applicant has made reasonable attempts to remove or accommodate these constraints; and (4) The economic value of the proposed regulated activity in meeting a demonstrated public need in the area and the ecological and economic value associated with the nontidal wetland. #### Section 5-908 In cooperation with other State, local, and federal agencies, the Department may prepare comprehensive watershed management plans which address nontidal wetland protection, creation, and restoration, cumulative impacts, flood protection, and water supply concerns. Completed watershed management plans will be used as the basis for consistent permitting decisions and creating and restoring nontidal wetlands. #### Section 5-909 (a) An applicant shall take all necessary steps to first avoid significant impairment and then minimize losses of nontidal wetlands. If the applicant demonstrates to the Department's satisfaction that all necessary steps were taken and losses or significant impairment of nontidal wetlands are unavoidable, the Department shall require the applicant to adopt mitigation practices. (b) (1) By December 31, 1989 the Department, consistent with the goals established in Sec. 5-902 of this subtitle, shall adopt by regulation standards and procedures for the mitigation of nontidal wetlands losses, including practices for nontidal wetland creation, restoration, enhancement, or monetary compensation. (2) The Department may accept monetary compensation only if it is determined that creation, restoration, or enhancement of nontidal wetlands are not feasible alternatives. Monetary compensation may not be a substitute for the requirement to avoid and minimize nontidal wetland losses. (c) (1) There is a Nontidal Wetland Compensation Fund in the Department. (2) The following money shall be deposited in the Fund: (i) Any monetary compensation paid by an applicant instead of engaging in the creation, restoration, or enhancement of a nontidal wetland; and (ii) Any civil or criminal penalty imposed by a court in accordance with Sec. 5-911 of this subtitle. (3) Funds in the Nontidal Wetland Compensation Fund may be used only for the creation, restoration, or enhancement of nontidal wetlands, including: (i) Acquisition of land; (ii) Acquisition of easements; (iii) Maintenance of mitigation sites; (iv) Purchase of credits in mitigation banks; and (v) Contractual services necessary to accomplish the intent of this paragraph. (4) Funds credited and any interest accrued to the Fund: (i) Shall remain available until expended; and (ii) May not be reverted to the General Fund under any other provision of law. (5) At the end of the fiscal year, the Department shall prepare an annual report on the Nontidal Wetland Compensation Fund that includes an accounting of all financial receipts and expenditures to and from the Fund and shall provide a copy of the report to the General Assembly, as provided under Sec. 2-1257 of the State Government Article. #### Section 5-910 (a) The General Assembly declares that: (1) In the application review process, one of the primary mitigation issues is locating the most beneficial area to conduct wetland restoration, creation, or enhancement; (2) Where unavoidable losses or degradations occur as a result of permitted human activity, there exists a sequential process for mitigation site location which includes consideration of on-site alternatives where it may be environmentally preferable; (3) Mitigation banking, which allows a person to restore, enhance, or create a functional wetland ecosystem, may offer a sound mitigation alternative and may provide an opportunity to contribute to the goal of no net loss in wetlands acreage and function; and (4) Mitigation banking may not alter the regulatory requirements of Sec. 5-907 of this subtitle. (b) The Department shall develop standards and adopt regulations for the creation of wetland mitigation banks, including: (1) The types and locations of wetlands to be restored, created, or enhanced and the types and locations of wetlands to be filled for which a person may obtain credit through a mitigation bank; (2) The types and number of credits available through the bank to offset losses by acreage and by function of a wetland to be filled; (3) The method of wetland construction, supervision, and maintenance to be required of a bank owner seeking to obtain credit for use of the bank; (4) Maintenance requirements; (5) Monitoring requirements; (6) Bonding requirements, to include assurance of wetland function; (7) Reporting requirements to the Department; (8) Consistency with developed watershed plans, forest conservation, local growth management policies, and local comprehensive plans; (9) Requirements for the protection in perpetuity of mitigation banks, through methods that include easements, covenants, or similar mechanisms, that shall be in place at the time credits are withdrawn; and (10) Public notice and comment requirements, including opportunity for public review and comment on any specific wetland bank. (c) The standards and regulations adopted by the Department under this section shall ensure that: (1) The provisions of Sec. 5-907 of this subtitle, including the avoidance, alternative analysis, and minimization of disturbance of nontidal wetlands, are fully adhered to; (2) The goals of Sec. 5-902 of this subtitle to attain no net overall loss in nontidal wetland acreage and function and to strive for a net resource gain are achieved; (3) The potential for on-site mitigation is considered whenever it may be environmentally preferable; (4) Mitigation through a mitigation bank shall be accomplished in service areas: (i) Determined by the Department in coordination with an interagency review team; and (ii) That are consistent with federal guidelines; and (5) For purposes of item (4) this subsection, a service area: (i) Is the same 8 digit hydrologic unit code watershed in which the mitigation bank is located; and (ii) May be expanded to include other 8 digit hydrologic unit code watersheds if environmentally justified. (d) (1) This section may not be construed to require the Department to: (i) Establish or fund State mitigation banks; (ii) Fund the establishment of mitigation banking by the private sector; or (iii) Use State lands for mitigation banking. (2) The Department may establish mitigation banking through and with the cooperation of the private sector and may use State lands for mitigation banking sites. #### Section 5-911 (a) (1) The enforcement provisions in this section are in addition to any other applicable provisions in this title. (2) In addition to the enforcement authority granted the Department, the enforcement provisions of this section may be exercised by any county that has program delegation authority. (b) The Department may revoke a permit for cause, including violation of permit conditions, obtaining a permit by misrepresentation, failing to disclose a relevant or material fact, or change in conditions. The Department shall notify the violator in writing and provide an opportunity for a hearing. (c) The Department may issue a stop work order against any person who violates any provision of this subtitle or any regulation, order, or permit under this subtitle related to a regulated activity. (d) (1) A person who violates any provision of this subtitle or any regulation, order, or permit under this subtitle is liable for a penalty not exceeding $10,000, which may be recovered in a civil action brought by the Department. Each day a violation continues is a separate violation under this subsection. (2) The court may issue an injunction requiring the person to cease the violation and restore the area unlawfully disturbed. (e) (1) A person who violates any provision of or fails to perform any duty imposed by this subtitle or by a regulation, order, or permit under this subtitle is guilty of a misdemeanor and on conviction is subject to: (i) For a first offense, a fine not exceeding $10,000; or (ii) For a second or subsequent offense, a fine not exceeding $25,000. (2) The court may order the person to restore the area unlawfully disturbed. ### Subtitle 10. Used Oil Recycling #### Section 5-1001 (a) (1) In this section the following words have the meanings indicated. (2) "Recycle" means to prepare used oil for reuse as a petroleum product or petroleum product substitute by refining, re-refining, reclaiming, reprocessing, or other means or to use used oil in a manner that substitutes for a petroleum product or petroleum product substitute made from new oil, provided that the preparation or use is operationally safe, environmentally sound, and complies with all laws and regulations. (3) "Used oil" means a petroleum-based or synthetic oil as an engine lubricant, engine oil, motor oil, or lubricating oil for use in an internal combustion engine, or a lubricant for motor vehicle transmissions, gears, or axles which through use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. (b) This section shall be known and may be cited as the Maryland Used Oil Recycling Act. (c) The legislature finds that a substantial number of gallons of used oil is generated each year in the State. Used oil is a valuable petroleum resource which can be recycled. In spite of the potential for recycling, significant quantities of used oil are wastefully disposed of or improperly used by means which pollute the water, land, and air and endanger public health and welfare. Used oil should be collected and recycled to the maximum extent possible, by means which are economically feasible and environmentally sound, in order to conserve irreplaceable petroleum resources, preserve and enhance the quality of natural and human environments, and protect public health and welfare. (d) The Department shall conduct a public education program to inform the public of the needs for and the benefits of collecting and recycling used oil in order to conserve resources and preserve the environment. As part of this program, the Department shall: (1) Require persons regularly engaged in the business of selling lubricating or other oil in containers for use off the premises to post and maintain at or near the point of display or sale durable and legible signs, which the Department shall pay for and provide to the person, informing the public of: (i) The importance of proper collection and disposal of used oil; and (ii) The locations and hours of operation of government operated used oil collection facilities in the surrounding area; (2) Advertise and inform the public of the law that prohibits a person from discharging, dumping, or depositing used oil into sewers, drainage systems, surface or ground waters, and any other waters of the State or by incineration or as refuse or onto any public or private land that is not a designated collection facility, as provided under subsection (f) of this section; (3) Establish, maintain, and publicize a used oil information center that will explain local, State, and federal laws and regulations governing used oil and will inform holders of quantities of used oil on how and where and in what manner used oil may be properly disposed of; (4) Encourage the establishment of used oil collection and recycling programs and provide technical assistance to persons organizing these programs; and (5) Encourage the use of labeling for oil containers to inform the user of the importance of proper collection and disposal of used oil. (e) The Department may designate Maryland State inspection facilities and may designate any other facilities the Department deems appropriate which are safe and conveniently located and which agree to serve as collection facilities for the deposit of used oil. There is no cost to a person making the deposit. Each designated facility shall post and maintain a durable and legible sign readily visible in an appropriate place which indicates the facility is designated as a used oil disposal location. The designated facility shall install and maintain on the premises used oil collection containers, properly sheltered and protected to prevent spillage, seepage, or discharge of the used oil into the water of the State, and of sufficient size to handle returns of used oil and used oil containers. Each designated facility regularly shall remove and dispose or have removed and disposed by used oil collectors the accumulated oil in a manner as required by law. (f) (1) Except as provided under Title 7, Subtitle 2 of this article or any other provisions of law, after January 1, 1979 a person may not dispose of or cause to be disposed of any used oil by discharge, dump, or deposit into sewers, drainage systems, surface or ground waters, any waters in this State, or by incineration or as refuse, or onto any public or private land unless the land is designated by the State or by any of its agencies or political subdivisions as a collection facility for the disposal, dumping, or deposit and the used oil is placed in a receptacle or container installed or located on the property. (2) Before the deposit of any used oil for recycling, a person may not knowingly or willfully contaminate the oil by adding any liquid substance or solid material to the contents of the oil that makes the oil unacceptable for recycling. (3) The provisions of this subsection do not include: (i) The application of used oil to roads for maintenance purposes as authorized by law; (ii) The use of used oil as a fuel; or (iii) The use of used or recycled oil for maintenance or lubrication of agricultural equipment. (g) Subject to Sec. 2-1257 of the State Government Article, the Department shall prepare and submit an annual report to the General Assembly that: (1) Summarizes information on used oil collection and recycling; (2) Analyzes the effectiveness of this subtitle's provisions and their implementation; and (3) Makes recommendations for any necessary changes in the provisions or their administration. (h) (1) A person may represent any product made in whole or in part from used oil to be substantially equivalent to a product made from new oil for a particular end use if the product conforms fully with the specifications applicable to that product made from new oil or if substantial equivalency has been determined in accordance with rules prescribed by the Federal Trade Commission under Sec. 383(d)(1)(A) of the federal Energy Policy and Conservation Act. Otherwise, the product must be represented as made from previously used oil. (2) All officials of the State and any of its agencies or of any political subdivisions and persons holding contracts with the State or any of its political subdivisions shall encourage and to the extent possible require the procurement and purchase of recycled oil products represented as substantially equivalent to products made from new oil in accordance with this section whenever the products are available at prices competitive with those of new oil produced for the same purpose. (i) (1) Any person who violates any provision of this section or any regulation issued pursuant to this section, in addition to any other penalties specifically provided by law, shall be subject to a civil penalty not exceeding $250 for each violation. (2) Any person who commits a second or subsequent violation of any provision of this section or any regulation issued pursuant to this section, in addition to any other penalties specifically provided by law, is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 2 months, or both, with cost imposed in the discretion of the court. ### Subtitle 10A. Junkyards and Related Facilities #### Section 5-10A-01 (a) In this subtitle the following words have the meanings indicated. (b) "Automobile graveyard" has the meaning stated in Sec. 8-801 of the Transportation Article. (c) "Automotive dismantler and recycler facility" has the meaning stated in Sec. 8-801 of the Transportation Article. (d) "Junkyard" has the meaning stated in Sec. 8-801 of the Transportation Article. (e) "Scrap metal processing facility" has the meaning stated in Sec. 8-801 of the Transportation Article. #### Section 5-10A-02 (a) A person who owns, maintains, or causes to be maintained a junkyard, automotive dismantler and recycler facility, scrap metal processing facility, or automobile graveyard that lawfully existed on January 1, 1972 and that adjoins a river, stream, or other body of water shall: (1) Store and maintain trash, junk, automobiles, or automobile parts to prevent the dumping, depositing, or transporting of this matter into the waters of the State; (2) Inform the Department and the Administration of provisions planned or made to prevent the dumping, depositing, or transporting of this matter into the waters of the State; and (3) Comply with the standards and specifications of the Administration relating to: (i) The erection of retaining walls; or (ii) The use of devices or procedures to restrain the dumping, depositing, or transporting of this matter into the waters of the State. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. #### Section 5-10A-03 If the owner or operator of a junkyard, automotive dismantler and recycler facility, scrap metal processing facility, or automobile graveyard that produces, collects, retains, dumps, or deposits trash, junk, or other refuse has not erected retaining walls or other restraining devices or procedures approved by the Administration, the presence of trash, junk, automobiles, or automobile parts in waters of the State, or on embankments or other sites where it may readily fall into or be transported into the waters of the State, is prima facie evidence of a violation of Sec. 5-10A-02 of this subtitle. ### Subtitle 11. Chesapeake Bay and Tributaries #### Section 5-1101 (a) In this subtitle the following words have the meanings indicated. (1) "Baltimore County tributary dredged material" means earth, rock, soil, waste matter, muck, or other materials excavated or dredged from an approved dredging project in any of the Baltimore County tributaries of the Chesapeake Bay. (2) "Baltimore Harbor" means the waterway which consists of the tidal portions of Patapsco River and its tributaries lying westward of a line extending from Rock Point in Anne Arundel County to North Point in Baltimore County. (3) "Beneficial use of dredged material" means any of the following uses of dredged material from the Chesapeake Bay and its tributary waters placed into waters or onto bottomland of the Chesapeake Bay or its tidal tributaries, including Baltimore Harbor: (i) The restoration of underwater grasses; (ii) The restoration of islands; (iii) The stabilization of eroding shorelines; (iv) The creation or restoration of wetlands; and (v) The creation, restoration, or enhancement of fish or shellfish habitats. (4) "Confined aquatic disposal cell" means a dredged material management option where a depression or cell is excavated into the bottom of a body of water, any sand excavated is reused in a beneficial manner, and the depression or cell is filled in with dredged materials, including dredged materials from Baltimore Harbor. (5) "Deep trough" means any region that: (i) Is south of the Chesapeake Bay Bridge and north of a line extending westerly from Bloody Point; and (ii) Has a depth that exceeds 60 feet. (6) "Dredged material" means earth, sand, silt, sediment, shell, rock, soil, waste matter, or other material excavated or dredged from the Chesapeake Bay and its tributary waters. (7) "Innovative reuse" includes the use of dredged material in the development or manufacturing of commercial, industrial, horticultural, agricultural, or other products. (8) "Redeposit" means to dump, scatter, pour, or otherwise deposit dredged material. (9) (i) "Sewage sludge" means the accumulated semiliquid suspension of settled solids, or dried residue of these solids, that is deposited from sewage in wastewater treatment plant tanks or basins. (ii) "Sewage sludge" includes raw untreated sewage disposed from the Back River Sewage Treatment Plant. (b) The General Assembly declares that the Chesapeake Bay and the tidewater portions of its tributaries are a great natural asset and resource to the State and its counties. Portions of these areas are threatened with inundation by the unconfined dumping of vast quantities of spoil from dredging operations within Baltimore Harbor and certain dumpings of sewage sludge. This inundation and unconfined dumping will pollute and despoil valuable portions of the bottomland in the Chesapeake Bay and its tidewater tributaries and be grossly harmful to fish and marine life in these and adjacent waters, to use for recreation, and to the economic and social life of the people of this State. #### Section 5-1102 (a) (1) Subject to paragraph (2) of this subsection, a person may not redeposit in an unconfined manner dredged material from Baltimore Harbor into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay's tributaries outside of Baltimore Harbor. (2) The dredged material may be redeposited in contained areas approved by the Department. (b) A person may not redeposit in an unconfined manner Baltimore County tributary dredged material into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay's tributaries within 5 miles of the Hart-Miller-Pleasure Island chain in Baltimore County. (c) (1) Except as provided in subsection (d) of this section and subject to paragraph (2) of this subsection, a person may not redeposit in an unconfined manner dredged material into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portion of any of the Chesapeake Bay's tributaries except when used for a beneficial use project undertaken in accordance with State and federal laws. (2) The dredged material may be redeposited in contained areas approved by the Department. (d) (1) Beginning October 1, 2001, subject to paragraph (2) of this subsection, and in accordance with State and federal law, a person may redeposit up to 7.4 million cubic yards of dredged material into or onto any portion of the water, bottomland, or the tidewater portions of the Chesapeake Bay collectively known as Pooles Island, including G-West and Site 92. (2) The redeposit of dredged material authorized under this subsection may not occur after the sooner of: (i) December 31, 2010; or (ii) The initiation of the placement of dredged material in any site or sites approved pursuant to the process established in Sec. 5-1104.2(d)(1) of this subtitle if the total capacity of the approved site or sites, when combined with the approved capacity of existing placement sites identified in the October 1, 2000 report to the Maryland General Assembly regarding the Governor's Strategic Plan for Dredged Material Management, provide 20 years of placement capacity for dredged material. (e) A person may not dump, deposit, scatter, or release sewage sludge by any means, including discharge from a sewer or pipe, into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay's tributaries within 5 miles of the Hart-Miller-Pleasure Island chain in Baltimore County. (f) A person may not redeposit dredged material or other material excavated or dredged from the Chesapeake Bay or its tidal tributaries into or onto the area of the bottomlands or waters of the Chesapeake Bay known as the deep trough. (g) (1) The Department may not process or make any recommendation to the Board of Public Works regarding an application for the alteration of any tidal wetland or waters of the State submitted for the purpose of constructing a confined aquatic disposal cell from June 1, 2025, through May 31, 2029, both inclusive. (2) The Board of Public Works may not approve an application for the alteration of any tidal wetland or waters of the State submitted for the purpose of constructing a confined aquatic disposal cell from June 1, 2025, through May 31, 2029, both inclusive. #### Section 5-1102.1 (a) (1) The Governor shall appoint a Cox Creek Citizens Oversight Committee. (2) The terms of the members of the Oversight Committee shall be determined by the Governor. (b) The Oversight Committee shall be composed of the following members: (1) 1 member of the land trust that holds the conservation easement of the Cox Creek Forest Conservation Easement Area; (2) 1 delegate to the Greater Pasadena Council who represents a waterfront community; (3) 1 member of the Pasadena Sport Fishermen's Group; (4) 1 individual who represents recreational birding in Anne Arundel County; (5) 1 individual who represents the pleasure boating industry in Anne Arundel County; (6) 1 member of the Pasadena Business Association; (7) 1 member of the Restore Rock Creek organization; (8) 1 member of the Baltimore Industrial Group; (9) 2 individuals who represent a waterfront community in the northern part of Anne Arundel County; (10) 1 resident of legislative district 31; and (11) 1 resident of legislative district 46. (c) The Oversight Committee shall: (1) Monitor the management of dredged material at the Cox Creek Dredged Material Containment Facility; (2) (i) Advise the Maryland Port Administration of complaints lodged by individuals affected by the redeposit of Anne Arundel County dredged material and other dredged material in the Cox Creek area; (ii) Provide input and feedback to the Maryland Port Administration regarding the management of dredged material at the Cox Creek Dredged Material Containment Facility; and (iii) Make recommendations to the Maryland Port Administration on the potential impact that activities at the containment facility may have on nearby communities and natural resources; and (3) Appoint a member from the Committee to serve as a liaison to the Innovative Reuse Committee. #### Section 5-1103 (a) In this section, "large redevelopment site" has the meaning stated in Sec. 4-101.1 of this article. (b) (1) The Department may not approve any contained area for the redeposit of dredged material within 5 miles of the Hart-Miller-Pleasure Island chain in Baltimore County except for: (i) Dredge spoil from local dredging projects initiated by Baltimore County in the waters of Baltimore County; or (ii) Contained areas for the redeposit of dredged material at a large redevelopment site. (2) A contained area described in paragraph (1)(i) of this subsection may not exceed the approximately 1,100 acre size provided in the projects U.S. Army Corps of Engineers permit dated November 22, 1976. (3) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, dredge spoil may not be deposited in the Hart-Miller Island Dredged Material Containment Facility after the first of the following to occur: (1) The maximum height of dredge spoil deposited in the Hart-Miller Island Dredged Material Containment Facility reaches: (A) 44 feet above the mean low water mark in the north cell; and (B) 28 feet above the mean low water mark in the south cell; or (2) January 1, 2010. (ii) New dredge spoil dredged from a channel may not be deposited in the south cell. (iii) Notwithstanding any other law, on or before December 31, 2027, the Department may approve the redeposit of dredged material at the Hart-Miller Island Dredged Material Containment Facility if: (1) The dredged material is from a location within 1 mile of the shoreline of a large redevelopment site; and (2) The person undertaking the dredging project has, after consultation with the Hart-Miller-Pleasure Island Citizens Oversight Committee, entered into an enforceable community benefits agreement with Baltimore County on or before December 31, 2024, that: (A) At the request of the County Executive of Baltimore County, was presented to and approved by the County Council of Baltimore County; and (B) Requires the person to pay a sum of money to Baltimore County and establishes a payment schedule for the sum of money, for the purpose of funding benefits to communities in the vicinity of the Hart-Miller Island Dredged Material Containment Facility. (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, only dredged material from the excavation or dredging of Baltimore Harbor, its approach channels, and Baltimore County tributary dredged material from an approved dredging project in any of the Baltimore County tributaries of the Chesapeake Bay may be redeposited in a contained area described in subsection (b)(1)(i) of this section. (2) Only dredged material from local dredging projects initiated by Baltimore County in the waters of Baltimore County may be redeposited in any additional contained area for the redeposit of dredged material authorized under subsection (b)(1)(i) of this section. (3) Only dredged material from a location within 1 mile of the shoreline of a large redevelopment site may be redeposited in a contained area for the redeposit of dredged material authorized under subsection (b)(1)(ii) of this section. (d) The fee payable for each cubic yard of dredged material deposited at the Hart-Miller Island Dredged Material Containment Facility in accordance with subsection (b)(3)(iii) of this section shall: (1) Not exceed the State's actual incremental costs of operating and maintaining the Hart-Miller Island Dredged Material Containment Facility, to the extent such costs arise from the redeposit of dredged material described in subsection (b)(3)(iii) of this section, expressed on a per-cubic-yard basis; and (2) Be in addition to the payments required by the community benefits agreement under subsection (b)(3)(iii)2 of this section. (e) Nothing in this section shall authorize the Department to approve the redeposit of dredged material within 5 miles of the Hart-Miller-Pleasure Island chain in Baltimore County using confined aquatic disposal. #### Section 5-1104 (a) (1) With the advice and consent of the Senate, the Governor shall appoint a Hart-Miller-Pleasure Island Citizens Oversight Committee. (2) The terms and qualifications of members of the Oversight Committee shall be determined by the Governor. (b) The Oversight Committee shall be composed of the following members: (1) The Secretary, or the Secretary's designee; (2) One individual from the North Point Peninsula Community Coordinating Council; (3) One individual from the Essex Middle River Civic Council, Inc.; (4) Two interested citizens, one of whom shall reside in the sixth legislative district, and one of whom shall reside in the seventh legislative district; (5) One individual from the Baltimore County Watermen's Association; (6) One individual who represents the pleasure boating industry in Baltimore County; (7) One individual who represents the sport fishing or crabbing industry in Baltimore County; and (8) One individual from the recreational birding community in Baltimore County. (c) The Oversight Committee shall: (1) Monitor and provide oversight regarding: (i) The future development, use, and maintenance of the Hart-Miller-Pleasure Island chain; (ii) The water quality immediately surrounding the islands; (iii) The redeposit of dredged material at the Hart-Miller Island Dredged Material Containment Facility; and (iv) Any community benefits agreements entered into in accordance with Sec. 5-1103(b)(3)(iii)2 of this subtitle; and (2) Hear and dispose of complaints lodged by individuals affected by the future development and the water quality immediately surrounding the Hart-Miller-Pleasure Island chain. #### Section 5-1104.1 (a) (1) Subject to the approval of the members of the General Assembly of the 36th legislative district, the Governor shall appoint a Kent Island Citizens Oversight Committee. (2) The Governor shall determine the terms and qualifications of members of the Oversight Committee. (b) The Oversight Committee shall be composed of the following members: (1) The Secretary of the State Department of Natural Resources or the Secretary's designee; (2) Two representatives of the Kent Island Civic Confederation; (3) Two citizens from the 4th election district; (4) One representative of the Maryland Watermen's Association; (5) One representative of the Queen Anne's County Watermen's Association; (6) One representative of the pleasure boating industry; (7) One representative of the sport boating industry; (8) One representative from the Maryland Port Administration; (9) One member of the Board of County Commissioners of Queen Anne's County or the Board's designee; and (10) One member of the Queen Anne's County Delegation or the Delegation's designee. (c) The Oversight Committee shall: (1) Consult with the Maryland Port Administration regarding the redeposit of dredge spoils off the shores of Kent Island, Queen Anne's County; (2) Monitor the redeposit of dredge spoils off the shores of Kent Island; and (3) Hear and respond to complaints lodged by any person affected by the redeposit of dredge spoils in the waters off Kent Island. #### Section 5-1104.2 (a) There is an Executive Committee created to provide oversight in the development of the State of Maryland's plans for dredged material management. (b) (1) The Executive Committee shall consist of: (i) The Secretary of Transportation, or the Secretary's designee; (ii) The Secretary of Natural Resources, or the Secretary's designee; (iii) The Secretary of the Environment, or the Secretary's designee; (iv) A representative of the Chesapeake Bay Foundation, designated by the Chesapeake Bay Foundation; (v) A representative of the Management Committee of the Dredged Material Placement Program; and (vi) A citizen representative, appointed by the Governor. (2) The Governor shall invite the following people to serve as members of the Executive Committee: (i) A representative of the Army Corps of Engineers, Philadelphia District; and (ii) A representative of the Army Corps of Engineers, Baltimore District. (c) The Executive Committee shall meet as needed, but not less than semiannually. (d) The Executive Committee shall: (1) Review and recommend to the Governor dredged material placement options, including, but not limited to, the placement sites identified in the October 1, 2000 Report to the Maryland General Assembly regarding the Governor's Strategic Plan for Dredged Material Management, to fill short-term capacity needs as specified in Sec. 5-1102(d)(2)(ii) of this subtitle; (2) Review and recommend to the Governor elements, as part of a continuous and long-term strategic plan for dredged material management, including changes to the plan; and (3) Review and recommend to the Governor dredged material disposal sites for long-term dredged material placement capacity based on the following hierarchy: (i) Beneficial use and innovative reuse of dredged material; (ii) Upland sites and other environmentally sound confined capacity; (iii) Expansion of existing dredged material disposal capacity other than the Hart-Miller Island Dredged Material Containment Facility and areas collectively known as Pooles Island, including G-West and Site 92; and (iv) Other dredged material placement options to meet long-term placement needs, except for redepositing dredged material in an unconfined manner. #### Section 5-1105 The Attorney General of Maryland or the State's Attorney of any county of the State that borders on a portion of the Chesapeake Bay or on a tidewater portion of any of the Chesapeake Bay's tributaries may seek an injunction against any person violating or threatening to violate any provision of this subtitle. #### Section 5-1106 The Attorney General of Maryland or the State's Attorney of any county of the State that borders on a portion of the Chesapeake Bay or on a tidewater portion of any of the Chesapeake Bay's tributaries may enforce this subtitle and may seek criminal penalties against any person who violates or is alleged to be violating Sec. 5-1102 of this subtitle anywhere in the area of the Chesapeake Bay and the tidewater portions of the Chesapeake Bay's tributaries. #### Section 5-1107 Any person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, or imprisonment not exceeding 1 year, or both, for each violation. ### Subtitle 12. Herring Run Public Watershed Association #### Section 5-1201 (a) In this subtitle the following words have the meanings indicated. (b) "Commission" means the Herring Run Public Watershed Association Commission. (c) (1) "Herring Run Watershed" means the land and water area from which all water drains, directly or indirectly, to and from the Herring Run. (2) "Herring Run Watershed" includes Herring Run, West Herring Run, Chinquapin Run, Moores Run, and Armistead Creek. (d) "Watershed" means the Herring Run Watershed. #### Section 5-1202 (a) There is a Herring Run Public Watershed Association. (b) The Association is composed of: (1) The State; (2) Baltimore City; and (3) Baltimore County. #### Section 5-1203 (a) There is a Herring Run Public Watershed Association Commission. (b) The Commission is composed of: (1) The Secretary of Natural Resources or the Secretary's designee; (2) The Secretary of the Environment or the Secretary's designee; (3) The Secretary of Planning or the Secretary's designee; (4) 2 members from Baltimore City selected by the Mayor of Baltimore City; (5) 2 members from Baltimore County selected by the County Executive of Baltimore County; and (6) 2 members selected by the Baltimore Regional Planning Council. (c) Of the 6 county and city members, there shall be at least: (1) 1 member of the county or city legislative body; and (2) 1 member of the General Assembly of Maryland. (d) The Commission shall appoint an advisory committee composed of interested citizens and determine the number, terms, and qualifications of the Commission's members. #### Section 5-1204 (a) The chairman of the Commission shall be selected from the members of the county and city by a majority vote of the entire Commission. (b) (1) The members shall meet at the chairman's request at least annually or any time at the request of a quorum of members of the county or city. (2) A quorum consists of 5 members. (3) A majority vote of the full Commission is necessary to approve any action. #### Section 5-1205 (a) With respect to water quality, the Commission shall advise and make recommendations in accordance with the Baltimore metropolitan water quality management plan, as prepared and adopted in accordance with 33 U.S.C. Sec. 1288 (Section 2 of the federal Water Pollution Control Act amendments of 1972). (b) With respect to flood hazard areas and watershed management as defined in the Maryland Flood Hazard Management Act of 1976, the Commission shall proceed in accordance with that act. The Commission shall cooperate with State, regional, and local agencies and their respective programs, plans, and procedures with respect to: (1) Flood damage reduction; (2) Water quality improvements; (3) Municipal and industrial water supplies; (4) Recreation, fish, wildlife, and esthetic improvement; and (5) Soil conservation and watershed and forested land management. (c) With respect to all other recommendations and plans, including those relating to esthetics, conservation, erosion control, recreation and other improvements, the Commission shall proceed in accordance with the procedures and policies of the governments whose support or cooperation is required or requested. #### Section 5-1206 Funding and staffing of the Commission may be apportioned among the county, city, and State agencies as recommended by the Commission and as provided in their respective budgets. ### Subtitle 13. Penalty and Fines; Prosecution #### Section 5-1301 (a) Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, with costs imposed in the discretion of the court. Every fine and cost shall be paid in accordance with Sec. 7-503 of the Courts Article. (b) Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is a violation which has occurred within 2 years of any prior violation of this title. (c) In addition to any administrative penalty provided in this title, a violation of any regulation or restriction adopted by any unit within the Department of the Environment pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section. #### Section 5-1302 The Attorney General shall take charge of, prosecute, and defend on behalf of the State every case arising under the provisions of this title, including the recovery of penalties. --- Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)