<section article="gen" article_name="Environment" number="5-101" title_number="5" title_name="Water Resources" subtitle_number="1" subtitle_name="In General"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Administration” means the Water and Science Administration.</text> </level> <level label="c"> <text>“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.</text> </level> <level label="d"> <text>“County” includes Baltimore City unless otherwise indicated.</text> </level> <level label="e"> <text>“Department” means the Department of the Environment.</text> </level> <level label="f"> <text>“Director” means the Director of the Water and Science Administration.</text> </level> <level label="g"> <text>“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.</text> </level> <level label="h"> <level label="1"> <text>“Pollution” means every contamination or other alteration of the physical, chemical, or biological properties of any waters of the State.</text> </level> <level label="2"> <text>“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.</text> </level> </level> <level label="i"> <text>“Public water system” has the meaning stated in § 9–401 of this article.</text> </level> <level label="j"> <text>“Secretary” means the Secretary of the Environment.</text> </level> <level label="k"> <text>“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.</text> </level> <level label="l"> <text>“Waters of the State” includes:</text> <level label="1"> <text>Both surface and underground waters within the boundaries of the State subject to its jurisdiction;</text> </level> <level label="2"> <text>That portion of the Atlantic Ocean within the boundaries of the State;</text> </level> <level label="3"> <text>The Chesapeake Bay and its tributaries;</text> </level> <level label="4"> <text>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</text> </level> <level label="5"> <text>The floodplain of free–flowing waters determined by the Department on the basis of the 100–year flood frequency.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-102" title_number="5" title_name="Water Resources" subtitle_number="1" subtitle_name="In General"> <text>An appropriation or use permit under § 5-502 of this title may not be refused for domestic use of a well on a farm.</text> </section> <section article="gen" article_name="Environment" number="5-201" title_number="5" title_name="Water Resources" subtitle_number="2" subtitle_name="Organization and Authority of Unit Pertaining to Water and Water Resources -- in General"> <level label="a"> <text>There is a Water and Science Administration in the Department.</text> </level> <level label="b"> <level label="1"> <text>The Administration shall be adequately staffed and organized to carry out the provisions of this title and at salaries provided in the State budget.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>The Secretary shall designate the appointing authority for the Administration.</text> </level> </section> <section article="gen" article_name="Environment" number="5-203" title_number="5" title_name="Water Resources" subtitle_number="2" subtitle_name="Organization and Authority of Unit Pertaining to Water and Water Resources -- in General"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-203.1" title_number="5" title_name="Water Resources" subtitle_number="2" subtitle_name="Organization and Authority of Unit Pertaining to Water and Water Resources -- in General"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <level label="i"> <text>“Commercial activity” means a project or activity undertaken for consideration, regardless of whether a profit is made.</text> </level> <level label="ii"> <text>“Commercial activity” includes:</text> <level label="1"> <text>A subdivision;</text> </level> <level label="2"> <text>A development; and</text> </level> <level label="3"> <text>Constructing or operating a marina.</text> </level> </level> </level> <level label="3"> <text>“Commercial building” means a building that is used primarily for commercial activity.</text> </level> <level label="4"> <text>“Development” means a project for the construction of:</text> <level label="i"> <text>Two or more residential dwelling units;</text> </level> <level label="ii"> <text>A commercial structure; or</text> </level> <level label="iii"> <text>An industrial structure.</text> </level> </level> <level label="5"> <text>“Dwelling unit” means a property that contains:</text> <level label="i"> <text>One or more rooms used as a residence;</text> </level> <level label="ii"> <text>Kitchen facilities; and</text> </level> <level label="iii"> <text>Bathroom facilities.</text> </level> </level> <level label="6"> <text>“Major project” means a project that:</text> <level label="i"> <text>Proposes to permanently impact 5,000 square feet or more of wetlands or waterways, including the 100–year floodplain;</text> </level> <level label="ii"> <text>Is located in an area identified as potentially impacting a nontidal wetland of special State concern by a geographical information system database that:</text> <level label="1"> <text>Has been developed and maintained by the Department of Natural Resources; and</text> </level> <level label="2"> <text>Is used by the Department to screen incoming applications; or</text> </level> </level> <level label="iii"> <text>Requires the issuance of a public notice by the Department.</text> </level> </level> <level label="7"> <text>“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.</text> </level> <level label="8"> <text>“Minor project” means a project that:</text> <level label="i"> <text>Proposes to permanently impact less than 5,000 square feet of wetlands or waterways, including the 100–year floodplain; and</text> </level> <level label="ii"> <text>Does not meet the definition of a major project.</text> </level> </level> <level label="9"> <text>“Residential activity” means a noncommercial activity that is conducted on residential property.</text> </level> <level label="10"> <level label="i"> <text>“Residential property” means improved property that is used primarily as a residence or unimproved property that is zoned for use as a residence.</text> </level> <level label="ii"> <text>“Residential property” includes:</text> <level label="1"> <text>Property owned by a homeowners’ association; and</text> </level> <level label="2"> <text>A condominium.</text> </level> </level> <level label="iii"> <text>“Residential property” does not include:</text> <level label="1"> <text>A commercial building;</text> </level> <level label="2"> <text>A marina; or</text> </level> <level label="3"> <text>A residential apartment complex or building.</text> </level> </level> </level> <level label="11"> <level label="i"> <text>“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.</text> </level> <level label="ii"> <text>“Subdivision” includes resubdivision.</text> </level> </level> <level label="12"> <text>“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.</text> </level> </level> <level label="b"> <level label="1"> <text>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 §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or wetlands licenses issued by the Board of Public Works under § 16–202 of this article shall be accompanied by an application fee as follows:</text> <level label="i"> <text>For an application for a minor project or general permit....................................................................................................................... $980;</text> </level> <level label="ii"> <text>For an application for a minor modification................. $330;</text> </level> <level label="iii"> <text>For an application for a major project with a proposed permanent impact of:</text> <level label="1"> <text>Less than 1/4 acre............................................ $1,950;</text> </level> <level label="2"> <text>At least 1/4 acre, but less than 1/2 acre.......... $3,890;</text> </level> <level label="3"> <text>At least 1/2 acre, but less than 3/4 acre.......... $5,830;</text> </level> <level label="4"> <text>At least 3/4 acre, but less than 1 acre............. $7,780; and</text> </level> <level label="5"> <text>1 acre or more.......the impact area in acres multiplied by $9,720; and</text> </level> </level> <level label="iv"> <text>For an application for a major modification.............. $1,950.</text> </level> </level> <level label="2"> <text>The following are exempt from the application fees established under paragraph (1) of this subsection:</text> <level label="i"> <text>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;</text> </level> <level label="ii"> <text>Performance of agricultural best management practices contained in a soil conservation and water quality plan approved by the appropriate soil conservation district;</text> </level> <level label="iii"> <text>Performance of forestry best management practices contained in an erosion and sediment control plan:</text> <level label="1"> <text>Prepared by a registered forester; and</text> </level> <level label="2"> <text>Approved by the appropriate soil conservation district;</text> </level> </level> <level label="iv"> <text>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</text> </level> <level label="v"> <text>Aquacultural activities for which the Department of Natural Resources has issued a permit under Title 4, Subtitle 11A of the Natural Resources Article.</text> </level> </level> <level label="3"> <text>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:</text> <level label="i"> <text>A residential activity issued a permit under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article; and</text> </level> <level label="ii"> <text>A mining activity undertaken on affected land as identified in a permit issued under Title 15 of this article.</text> </level> </level> <level label="4"> <text>Subject to paragraphs (5) and (7) of this subsection, an application for the following minor projects shall be accompanied by the following application fees:</text> <level label="i"> <text>Installation of:</text> <level label="1"> <text>One boat lift or hoist, not exceeding four boat lifts or hoists per pier;</text> </level> <level label="2"> <text>One personal watercraft lift or hoist, not exceeding six personal watercraft lifts or hoists per pier; or</text> </level> <level label="3"> <text>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;</text> </level> </level> <level label="ii"> <text>Installation of a maximum of six mooring pilings........ $390;</text> </level> <level label="iii"> <text>In–kind repair and replacement of structures............. $390;</text> </level> <level label="iv"> <text>Installation of a fixed or floating platform on an existing pier where the total platform area does not exceed 200 square feet............................................................................................................................ $390;</text> </level> <level label="v"> <text>Construction of a nonhabitable structure that permanently impacts less than 1,000 square feet, such as a driveway, deck, pool, shed, or fence.......................................................................................................................... $390;</text> </level> <level label="vi"> <text>Replacement of an existing bulkhead where the replacement bulkhead does not exceed more than 18 inches channelward of the existing structure..................................................................................................... $650; and</text> </level> <level label="vii"> <text>In–kind repair and replacement of existing infrastructure........................................................................................................... $650.</text> </level> </level> <level label="5"> <text>The Department may not require an application fee for:</text> <level label="i"> <text>The installation of a boat lift, hoist, or personal watercraft lift on existing pilings; or</text> </level> <level label="ii"> <text>If the existing structure is functional and there is no increase in the original length, width, height, or channelward encroachment authorized under § 16–202, § 16–302, or § 16–307 of this article, the routine maintenance, repair, or replacement of:</text> <level label="1"> <text>A highway structure;</text> </level> <level label="2"> <text>A pier;</text> </level> <level label="3"> <text>A boathouse;</text> </level> <level label="4"> <text>A structure on a pier;</text> </level> <level label="5"> <text>A bulkhead;</text> </level> <level label="6"> <text>A revetment;</text> </level> <level label="7"> <text>A tidal impoundment dike;</text> </level> <level label="8"> <text>A water control structure;</text> </level> <level label="9"> <text>An aboveground transmission facility;</text> </level> <level label="10"> <text>An agricultural drainage ditch; or</text> </level> <level label="11"> <text>A highway drainage ditch.</text> </level> </level> </level> <level label="6"> <text>The application fee for a structural shoreline stabilization project located on or adjacent to a State–owned lake may not exceed $290.</text> </level> <level label="7"> <text>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:</text> <level label="i"> <text>For an application for a minor project or minor modification………………………………………………...…………………………….. $400; and</text> </level> <level label="ii"> <text>For an application for a major project or major project modification……………………………………………………………..……………… $1,600.</text> </level> </level> <level label="8"> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>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.</text> </level> <level label="iii"> <text>The Department shall issue a public notice of the adjusted fees at least 90 days before the new fee rates take effect.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>There is a Wetlands and Waterways Program Fund.</text> </level> <level label="2"> <text>The Department shall administer the Fund.</text> </level> <level label="3"> <text>The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.</text> </level> <level label="4"> <text>The Fund consists of all:</text> <level label="i"> <text>Application fees collected by the Department under this section;</text> </level> <level label="ii"> <text>Monetary compensation paid to the State in conjunction with a wetlands license other than that compensation specified in § 16–205(e)(2) of this article;</text> </level> <level label="iii"> <text>Money appropriated in the State budget to the Fund; and</text> </level> <level label="iv"> <text>Investment earnings, interest, and any other money from any other source accepted for the benefit of the Fund.</text> </level> </level> <level label="5"> <text>In accordance with subsection (e) of this section, the Department shall use the Wetlands and Waterways Program Fund for activities related to:</text> <level label="i"> <text>The issuance of authorizations by the Department under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or the issuance of wetlands licenses by the Board of Public Works under § 16–202 of this article;</text> </level> <level label="ii"> <text>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</text> </level> <level label="iii"> <text>Program development associated with this title and Title 16 of this article, as provided by the State budget.</text> </level> </level> </level> <level label="d"> <text>On or before December 31 of each year, in accordance with § 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.</text> </level> <level label="e"> <text>The Department shall:</text> <level label="1"> <text>Prioritize the use of the Wetlands and Waterways Program Fund to improve the level of service to the regulated community;</text> </level> <level label="2"> <text>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 § 1–607 of this article; and</text> </level> <level label="3"> <text>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.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-203.2" title_number="5" title_name="Water Resources" subtitle_number="2" subtitle_name="Organization and Authority of Unit Pertaining to Water and Water Resources -- in General"> <level label="a"> <text>In this section, “dam safety permit” means a permit issued under § 5–503 of this title for the construction, reconstruction, repair, removal, or modification of a dam.</text> </level> <level label="b"> <text>This section does not apply to a reservoir, dam, waterway obstruction, or small pond that is exempt from permit requirements under § 5–503(b) of this title.</text> </level> <level label="c"> <text>The application for a dam safety permit shall include the estimated project construction cost.</text> </level> <level label="d"> <text>Prior to the issuance of a dam safety permit, the Department shall collect a dam safety permit fee.</text> </level> <level label="e"> <text>The dam safety permit fee:</text> <level label="1"> <text>Shall be based on the estimated project construction cost; and</text> </level> <level label="2"> <text>May not exceed 3% of the estimated project construction cost.</text> </level> </level> <level label="f"> <text>Fees collected under this section shall be paid into the Private Dam Repair Fund established under § 5–509.2 of this title.</text> </level> </section> <section article="gen" article_name="Environment" number="5-204" title_number="5" title_name="Water Resources" subtitle_number="2" subtitle_name="Organization and Authority of Unit Pertaining to Water and Water Resources -- in General"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Applicants shall serve personally or by certified mail appropriate local officials.</text> </level> <level label="3"> <text>Applicants shall provide the Department with certification that notice has been served on all contiguous property owners and appropriate local officials.</text> </level> <level label="4"> <text>Upon substantial completion of an application, the Department shall draft a public notice that includes:</text> <level label="i"> <text>The name and address of the applicant;</text> </level> <level label="ii"> <text>A description of the location and nature of the activity for which application has been made;</text> </level> <level label="iii"> <text>The name, address, and telephone number of the office within the Department from which information about the application may be obtained;</text> </level> <level label="iv"> <text>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;</text> </level> <level label="v"> <text>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</text> </level> <level label="vi"> <text>A deadline for the close of the public comment period by which information, comments, or requests must be received by the Department.</text> </level> </level> <level label="5"> <text>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:</text> <level label="i"> <text>Publish the public notice; or</text> </level> <level label="ii"> <text>Direct the applicant to publish the public notice.</text> </level> </level> <level label="6"> <text>The applicant shall bear the cost of the newspaper notice.</text> </level> <level label="7"> <text>The Department shall mail public notices to a general subscription mailing list.</text> </level> <level label="8"> <text>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.</text> </level> <level label="9"> <text>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.</text> </level> <level label="10"> <text>No further notice will be provided except to persons on the interested persons list.</text> </level> </level> <level label="c"> <level label="1"> <text>The Department shall hold a public informational hearing if it receives a timely written request in accordance with the provisions of this subsection.</text> </level> <level label="2"> <text>The request shall be received prior to the close of the public comment period.</text> </level> <level label="3"> <text>A public informational hearing shall be held within 45 calendar days of the close of the public comment period.</text> </level> <level label="4"> <text>The Department shall specify the date, time, and location of the public informational hearing.</text> </level> <level label="5"> <text>The public informational hearing may be held using teleconference or Internet–based conferencing technology.</text> </level> <level label="6"> <text>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.</text> </level> <level label="7"> <text>The Department may extend the official record of a public informational hearing.</text> </level> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <level label="1"> <text>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 § 14–105, § 14–508, § 15–808, or § 16–307 of this article is subject to judicial review at the request of any person that:</text> <level label="i"> <text>Meets the threshold standing requirements under federal law; and</text> </level> <level label="ii"> <level label="1"> <text>Is the applicant; or</text> </level> <level label="2"> <text>Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided.</text> </level> </level> </level> <level label="2"> <text>For permits listed under paragraph (1) of this subsection, a contested case hearing may not occur.</text> </level> </level> <level label="g"> <text>A person petitioning for judicial review in accordance with this section shall file the petition in accordance with the Maryland Rules.</text> </level> <level label="h"> <level label="1"> <text>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:</text> <level label="i"> <text>The objections were not reasonably ascertainable during the comment period; or</text> </level> <level label="ii"> <text>Grounds for the objections arose after the comment period.</text> </level> </level> <level label="2"> <text>The court shall remand the matter to the Department for consideration of objections under paragraph (1) of this subsection.</text> </level> </level> <level label="i"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Judicial review under this section shall be conducted in accordance with Title 1, Subtitle 6 of this article.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-301" title_number="5" title_name="Water Resources" subtitle_number="3" subtitle_name="Interstate Water Compacts"> <text>Susquehanna River Basin Compact</text> <text>Preamble</text> <text>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:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>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</text> </level> <level label="4"> <text>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</text> </level> <level label="5"> <text>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</text> </level> <level label="6"> <text>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</text> </level> <level label="7"> <text>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</text> </level> <level label="8"> <text>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</text> </level> <level label="9"> <text>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</text> </level> <level label="10"> <text>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</text> <text>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.</text> <text>Article 1</text> <text>Short Title, Definitions, Purposes, and Limitations</text> </level> <level label="1"> <level label="1"> <text>This compact shall be known and may be cited as the Susquehanna River Basin Compact.</text> </level> </level> <level label="1"> <level label="2"> <text>For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant to it:</text> </level> <level label="1"> <text>“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.</text> </level> <level label="2"> <text>“Commission” shall mean the Susquehanna River Basin Commission hereby created, and the term “commissioner” shall mean a member of the commission.</text> </level> <level label="3"> <text>“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.</text> </level> <level label="4"> <text>“Diversion” shall mean the transfer of water into or from the basin.</text> </level> <level label="5"> <text>“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.</text> </level> <level label="6"> <text>“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.</text> </level> <level label="7"> <text>“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.</text> </level> <level label="8"> <text>“Signatory party” shall mean a state or commonwealth party to this compact, or the federal government.</text> </level> <level label="9"> <text>“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.</text> </level> <level label="10"> <text>“Water resources” shall include all waters and related natural resources within the basin.</text> </level> <level label="11"> <text>“Withdrawal” shall mean a taking or removal of water from any source within the basin for use within the basin.</text> </level> <level label="12"> <text>“Person” shall mean an individual, corporation, partnership, unincorporated association, and the like and shall have no gender, and the singular shall include the plural.</text> </level> </level> <level label="1"> <level label="3"> <text>The legislative bodies of the respective signatory parties hereby find and declare:</text> </level> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>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.</text> </level> <level label="6"> <text>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.</text> </level> </level> <level label="1"> <level label="4"> <text>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.</text> </level> </level> <level label="1"> <level label="5"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> <text>Article 2</text> <text>Organization and Area</text> </level> </level> <level label="2"> <level label="1"> <text>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.</text> </level> </level> <level label="2"> <level label="2"> <text>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.</text> </level> </level> <level label="2"> <level label="3"> <text>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.</text> </level> </level> <level label="2"> <level label="4"> <text>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.</text> </level> </level> <level label="2"> <level label="5"> <text>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.</text> </level> </level> <level label="2"> <level label="6"> <text>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.</text> </level> </level> <level label="2"> <level label="7"> <text>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.</text> <text>Article 3</text> <text>Powers and Duties of the Commission</text> </level> </level> <level label="3"> <level label="1"> <text>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.</text> </level> </level> <level label="3"> <level label="2"> <text>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.</text> </level> </level> <level label="3"> <level label="3"> <text>The commission in accordance with Article 14 of this compact, shall formulate and adopt:</text> </level> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>An annual current expense budget and an annual capital budget consistent with the commission’s program, projects, and facilities for the budget period.</text> </level> </level> <level label="3"> <level label="4"> <text>The commission may:</text> </level> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>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.</text> </level> <level label="6"> <text>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.</text> </level> <level label="7"> <text>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.</text> </level> <level label="8"> <text>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.</text> </level> <level label="9"> <text>Adopt, amend, and repeal rules and regulations to implement this compact.</text> </level> </level> <level label="3"> <level label="5"> <text>The commission shall:</text> </level> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>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.</text> </level> </level> <level label="3"> <level label="6"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> </level> <level label="3"> <level label="7"> <text>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:</text> </level> <level label="1"> <text>Advise, consult, contract, financially assist, or otherwise cooperate with any and all such agencies;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>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.</text> </level> </level> <level label="3"> <level label="8"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> </level> <level label="3"> <level label="9"> <text>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.</text> </level> </level> <level label="3"> <level label="10"> <text>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.</text> </level> <level label="1"> <text>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.</text> <text>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.</text> </level> <level label="2"> <text>Approval of the commission shall be required for, but not limited to, the following:</text> <level label="i"> <text>All projects on or crossing the boundary between any two signatory states;</text> </level> <level label="ii"> <text>Any project involving the diversion of water;</text> </level> <level label="iii"> <text>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</text> </level> <level label="iv"> <text>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.</text> </level> </level> <level label="3"> <text>Review and approval by the commission shall not be required for:</text> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>Projects which are classified by the commission as not requiring its review and approval, for so long as they are so classified.</text> </level> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>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.</text> </level> <level label="6"> <text>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.</text> </level> <level label="7"> <text>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.</text> </level> </level> <level label="3"> <level label="11"> <text>The commission may constitute and empower advisory committees.</text> <text>Article 4</text> <text>Water Supply</text> </level> </level> <level label="4"> <level label="1"> <text>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.</text> </level> </level> <level label="4"> <level label="2"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> </level> <level label="4"> <level label="3"> <text>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.</text> </level> </level> <level label="4"> <level label="4"> <text>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.</text> </level> </level> <level label="4"> <level label="5"> <text>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.</text> <text>Article 5</text> <text>Water Quality Management and Control</text> </level> </level> <level label="5"> <level label="1"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> </level> <level label="5"> <level label="2"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>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.</text> </level> </level> <level label="5"> <level label="3"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> </level> <level label="5"> <level label="4"> <text>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.</text> <text>Article 6</text> <text>Flood Protection</text> </level> </level> <level label="6"> <level label="1"> <text>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.</text> </level> </level> <level label="6"> <level label="2"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> </level> <level label="6"> <level label="3"> <text>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.</text> </level> </level> <level label="6"> <level label="4"> <text>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.</text> </level> </level> <level label="6"> <level label="5"> <text>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.</text> </level> </level> <level label="6"> <level label="6"> <text>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.</text> </level> </level> <level label="6"> <level label="7"> <text>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.</text> </level> </level> <level label="6"> <level label="8"> <text>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.</text> <text>Article 7</text> <text>Watershed Management</text> </level> </level> <level label="7"> <level label="1"> <text>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.</text> </level> </level> <level label="7"> <level label="2"> <text>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.</text> </level> </level> <level label="7"> <level label="3"> <text>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.</text> </level> </level> <level label="7"> <level label="4"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> <text>Article 8</text> <text>Recreation</text> </level> </level> <level label="8"> <level label="1"> <text>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.</text> </level> </level> <level label="8"> <level label="2"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> </level> <level label="8"> <level label="3"> <text>The commission, within limits prescribed by this article, shall:</text> </level> <level label="1"> <text>Encourage activities of other public agencies having water related recreational interests and assist in the coordination thereof;</text> </level> <level label="2"> <text>Recommend standards for the development and administration of water related recreational facilities;</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="8"> <level label="4"> <text>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.</text> <text>Article 9</text> <text>Other Public Values</text> </level> </level> <level label="9"> <level label="1"> <text>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.</text> </level> </level> <level label="9"> <level label="2"> <text>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.</text> </level> </level> <level label="9"> <level label="3"> <text>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.</text> </level> </level> <level label="9"> <level label="4"> <text>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.</text> <text>Article 10</text> <text>Hydroelectric Power</text> </level> </level> <level label="10"> <level label="1"> <text>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.</text> </level> </level> <level label="10"> <level label="2"> <text>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.</text> </level> </level> <level label="10"> <level label="3"> <text>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.</text> </level> </level> <level label="10"> <level label="4"> <text>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.</text> </level> </level> <level label="10"> <level label="5"> <text>Rates and charges fixed by the commission for power which is produced by its facilities shall be reasonable, nondiscriminatory, and just.</text> <text>Article 11</text> <text>Regulation of Withdrawal and Diversions; Protected Areas and Emergencies</text> </level> </level> <level label="11"> <level label="1"> <text>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.</text> </level> </level> <level label="11"> <level label="2"> <text>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.</text> </level> </level> <level label="11"> <level label="3"> <text>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.</text> </level> </level> <level label="11"> <level label="4"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> </level> <level label="11"> <level label="5"> <text>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.</text> </level> </level> <level label="11"> <level label="6"> <text>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.</text> </level> </level> <level label="11"> <level label="7"> <text>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.</text> </level> </level> <level label="11"> <level label="8"> <text>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.</text> <text>Article 12</text> <text>Intergovernmental Relations</text> </level> </level> <level label="12"> <level label="1"> <text>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:</text> </level> <level label="1"> <text>The planning of all projects related to powers delegated to the commission by this compact shall be undertaken in consultation with the commission.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="12"> <level label="2"> <text>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:</text> </level> <level label="1"> <text>The planning of all projects related to powers delegated to the commission by this compact shall be undertaken in consultation with the commission;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="12"> <level label="3"> <text>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.</text> </level> </level> <level label="12"> <level label="4"> <text>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:</text> </level> <level label="1"> <text>Uniform and consistent procedures for the allocation of project costs among purposes included in multiple–purpose programs;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>Establishment and supervision of a system of accounts for reimbursement purposes and directing the payments and charges to be made from such accounts;</text> </level> <level label="4"> <text>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.</text> </level> </level> <level label="12"> <level label="5"> <text>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.</text> <text>Article 13</text> <text>Capital Financing</text> </level> </level> <level label="13"> <level label="1"> <text>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.</text> <text>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.</text> </level> </level> <level label="13"> <level label="2"> <text>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.</text> </level> </level> <level label="13"> <level label="3"> <text>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.</text> </level> </level> <level label="13"> <level label="4"> <text>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.</text> </level> </level> <level label="13"> <level label="5"> <text>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.</text> </level> </level> <level label="13"> <level label="6"> <text>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.</text> </level> </level> <level label="13"> <level label="7"> <text>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.</text> </level> </level> <level label="13"> <level label="8"> <text>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.</text> </level> </level> <level label="13"> <level label="9"> <text>Bonds shall bear interest at such rate as the commission determines payable annually or semiannually.</text> </level> </level> <level label="13"> <level label="10"> <text>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.</text> </level> </level> <level label="13"> <level label="11"> <text>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.</text> </level> </level> <level label="13"> <level label="12"> <text>The commission shall have power out of any funds available therefor to purchase its bonds and may hold, cancel, or resell such bonds.</text> </level> </level> <level label="13"> <level label="13"> <text>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.</text> </level> </level> <level label="13"> <level label="14"> <text>All bonds issued under the provisions of this compact are negotiable instruments, except when registered in the name of a registered owner.</text> </level> </level> <level label="13"> <level label="15"> <text>Bonds of the commission shall be legal investments for savings banks, fiduciaries and public funds in each of the signatory states.</text> </level> </level> <level label="13"> <level label="16"> <text>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.</text> </level> </level> <level label="13"> <level label="17"> <text>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.</text> </level> </level> <level label="13"> <level label="18"> <text>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.</text> </level> </level> <level label="13"> <level label="19"> <text>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.</text> </level> </level> <level label="13"> <level label="20"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> <text>Article 14</text> <text>Plan, Program and Budgets</text> </level> </level> <level label="14"> <level label="1"> <text>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.</text> </level> </level> <level label="14"> <level label="2"> <text>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:</text> </level> <level label="1"> <text>The quantity and quality of water resources needs for such period;</text> </level> <level label="2"> <text>The existing and proposed projects and facilities required to satisfy such needs, including all public and private projects to be anticipated; and</text> </level> <level label="3"> <text>A separate statement of the projects proposed to be undertaken by the commission during such period.</text> </level> </level> <level label="14"> <level label="3"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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:</text> <level label="1"> <text>Certify to the respective signatory parties the amounts due in accordance with existing cost sharing established for each project; and</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>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.</text> <text>Article 15</text> <text>General Provisions</text> </level> </level> <level label="15"> <level label="1"> <level label="a"> <text>The commission, for the purposes of this compact, may:</text> </level> <level label="1"> <text>Adopt and use a corporate seal, enter into contracts, and sue and be sued in any court of competent jurisdiction;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>Provide for, acquire, and adopt detailed engineering, administrative, financial, and operating plans and specifications to effectuate, maintain, or develop any facility or project;</text> </level> <level label="4"> <text>Control and regulate the use of facilities owned or operated by the commission;</text> </level> <level label="5"> <text>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;</text> </level> <level label="6"> <text>Have and exercise all corporate powers essential to the declared objects and purposes of the commission.</text> </level> </level> <level label="b"> <text>The commissioners, subject to the provisions of this compact, shall:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>Provide for the internal organization and administration of the commission;</text> </level> <level label="4"> <text>Appoint the principal officers of the commission and delegate to and allocate among them administrative functions, powers and duties;</text> </level> <level label="5"> <text>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;</text> </level> <level label="6"> <text>Let and execute contracts to carry out the powers of the commission.</text> </level> </level> </level> <level label="15"> <level label="2"> <text>The commission may:</text> </level> <level label="1"> <text>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</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="15"> <level label="3"> <text>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.</text> </level> </level> <level label="15"> <level label="4"> <level label="a"> <text>All meetings of the commission shall be open to the public.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>The minutes of the commission shall be a public record open to inspection at its offices during regular business hours.</text> </level> </level> <level label="15"> <level label="5"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> </level> <level label="15"> <level label="6"> <text>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.</text> </level> </level> <level label="15"> <level label="7"> <text>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.</text> </level> </level> <level label="15"> <level label="8"> <level label="a"> <text>No commissioner, officer or employee shall:</text> </level> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>Offer money or any thing of value for or in consideration of obtaining an appointment, promotion, or privilege in his employment with the commission.</text> </level> </level> <level label="b"> <text>Any officer or employee who willfully violates any of the provisions of this section shall forfeit his office or employment.</text> </level> <level label="c"> <text>Any contract or agreement knowingly made in contravention of this section is void.</text> </level> <level label="d"> <text>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.</text> </level> </level> <level label="15"> <level label="9"> <text>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:</text> </level> <level label="1"> <text>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;</text> </level> <level label="2"> <text>The public exigency requires the immediate delivery of the articles or performance of the service;</text> </level> <level label="3"> <text>Only one source of supply is available;</text> </level> <level label="4"> <text>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</text> </level> <level label="5"> <text>Services are to be provided of a specialized or professional nature.</text> </level> </level> <level label="15"> <level label="10"> <text>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.</text> </level> </level> <level label="15"> <level label="11"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> </level> <level label="15"> <level label="12"> <text>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.</text> </level> </level> <level label="15"> <level label="13"> <level label="a"> <text>Any or all of the signatory parties or any political subdivision thereof may:</text> </level> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> </level> <level label="15"> <level label="14"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> </level> <level label="15"> <level label="15"> <level label="a"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> </level> <level label="15"> <level label="16"> <text>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.</text> </level> </level> <level label="15"> <level label="17"> <text>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.</text> </level> </level> <level label="15"> <level label="18"> <text>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.</text> </level> </level> <level label="15"> <level label="19"> <text>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.</text> </level> </level> <level label="15"> <level label="20"> <text>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.</text> </level> </level> <level label="15"> <level label="21"> <text>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.</text> </level> </level> <level label="15"> <level label="22"> <text>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.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-303" title_number="5" title_name="Water Resources" subtitle_number="3" subtitle_name="Interstate Water Compacts"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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:</text> <text>A COMPACT</text> <text>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</text> <text>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</text> <text>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;</text> <text>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.</text> <text>Article I.</text> <text>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.</text> </level> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> <text>Article II.</text> <text>The Commission shall have the power:</text> </level> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> <text>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.</text> <text>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.</text> <text>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.</text> <text>Article III.</text> <text>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.</text> <text>Article IV.</text> <text>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:</text> <text>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.</text> <text>Article V.</text> <text>Pursuant to the aims and purposes of this compact, the signatory bodies mutually agree:</text> </level> </level> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>The appropriation of biennial sums on the proportionate basis as set forth in Article IV.</text> <text>Article VI.</text> <text>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.</text> <text>Article VII.</text> <text>Any signatory body may by legislative act, after one year’s notice to the Commission, withdraw from this compact.</text> </level> </section> <section article="gen" article_name="Environment" number="5-304" title_number="5" title_name="Water Resources" subtitle_number="3" subtitle_name="Interstate Water Compacts"> <text>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 § 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.</text> </section> <section article="gen" article_name="Environment" number="5-401" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Authority” means Maryland Potomac Water Authority.</text> </level> <level label="c"> <text>“Federal government” means:</text> <level label="1"> <text>The United States of America; or</text> </level> <level label="2"> <text>Any governmental agency of the United States of America.</text> </level> </level> <level label="d"> <text>“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.</text> </level> <level label="e"> <text>“Non-Maryland user” means a user not assessable by a represented county.</text> </level> <level label="f"> <text>“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.</text> </level> <level label="g"> <text>“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.</text> </level> <level label="h"> <text>“Represented county” means any county enumerated in this subtitle as being within the district.</text> </level> <level label="i"> <text>“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.</text> </level> <level label="j"> <text>“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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-402" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-403" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <level label="a"> <level label="1"> <text>The Authority consists of 10 members.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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 § 5–408 of this subtitle.</text> </level> <level label="4"> <text>The Governor shall appoint 1 voting member to serve at the Governor’s pleasure and be chairman of the Authority.</text> </level> </level> <level label="b"> <text>A member serves without compensation but shall be reimbursed for necessary travel expenses and disbursements incurred performing the member’s official duties.</text> </level> </section> <section article="gen" article_name="Environment" number="5-404" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <text>The unanimous vote of the voting members is required to approve any action of the Authority.</text> </section> <section article="gen" article_name="Environment" number="5-405" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <text>The Authority may appoint subcommittees and use the services of existing State and local units.</text> </section> <section article="gen" article_name="Environment" number="5-406" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <text>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:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>The contract may not restrict access as provided by the Act of August 1, 1953 (67 Stat. 359); and</text> </level> <level label="5"> <text>The terms of a contract between the Authority and the federal government may be renegotiated upon their mutual agreement.</text> </level> </section> <section article="gen" article_name="Environment" number="5-407" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <text>Except as provided in § 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.</text> </section> <section article="gen" article_name="Environment" number="5-408" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>The Authority shall assess non-Maryland users subject to appropriation requirements in § 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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>An assessment of charges shall be:</text> <level label="1"> <text>Determined when the first payment is due, based on the preceding calendar year’s daily withdrawal information; and</text> </level> <level label="2"> <text>Updated annually.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-409" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <text>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 § 5-408 of this subtitle. The Department shall transfer the payment to the Authority for credit as the assessment of that non-Maryland user.</text> </section> <section article="gen" article_name="Environment" number="5-410" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <text>The Authority may issue rules and regulations to carry out its duties under this subtitle. The Authority is subject to the Administrative Procedure Act.</text> </section> <section article="gen" article_name="Environment" number="5-411" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <text>To satisfy any assessment established under § 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.</text> </section> <section article="gen" article_name="Environment" number="5-412" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-413" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <text>The Department shall make available to the Authority its expertise and consulting services, subject to any budgetary limitation.</text> </section> <section article="gen" article_name="Environment" number="5-414" title_number="5" title_name="Water Resources" subtitle_number="4" subtitle_name="Maryland Potomac Water Authority"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-501" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <text>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.</text> </level> <level label="b"> <level label="1"> <text>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:</text> <level label="i"> <text>A municipal corporation, not including those areas annexed after January 1, 2000; or</text> </level> <level label="ii"> <text>A priority funding area established on or before January 1, 2000, under § 5–7B–02(6) of the State Finance and Procurement Article.</text> </level> </level> <level label="2"> <text>The Department may adopt regulations to implement this subsection.</text> </level> </level> <level label="c"> <text>This subtitle is in addition to and not in substitution for any existing laws of the State.</text> </level> </section> <section article="gen" article_name="Environment" number="5-502" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>This section does not apply to:</text> <level label="1"> <text>Use of water for domestic purposes other than for heating and cooling;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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</text> </level> <level label="4"> <text>Use of groundwater at an average annual water use of 5,000 gallons of water per day or less, provided that:</text> <level label="i"> <level label="1"> <text>The use is not for a public water system that:</text> </level> <level label="A"> <text>Serves at least 15 service connections used by year–round residents of the area served by the system; or</text> </level> <level label="B"> <text>Regularly serves at least 25 year–round residents; or</text> </level> <level label="2"> <text>The use will not occur within a water management strategy area established by the Department; and</text> </level> </level> <level label="ii"> <text>The user files a notice of exemption with the Department at least 30 days before the use is proposed to begin.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="d"> <text>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:</text> <level label="1"> <text>Domestic and municipal uses for sanitation, drinking water, and public health and safety;</text> </level> <level label="2"> <text>Agricultural uses, including the processing of agricultural products; and</text> </level> <level label="3"> <text>All other uses.</text> </level> </level> <level label="e"> <text>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 § 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 § 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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-503" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <level label="1"> <text>A person shall obtain, on written application to the Department, a permit from the Department to:</text> <level label="i"> <text>Construct, reconstruct, or repair any reservoir, dam, or waterway obstruction;</text> </level> <level label="ii"> <text>Make, construct, or permit to be made or constructed any change or addition to any reservoir, dam, or waterway obstruction;</text> </level> <level label="iii"> <text>Make or permit to be made any change in, addition to, or repair of any existing waterway obstruction; or</text> </level> <level label="iv"> <text>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.</text> </level> </level> <level label="2"> <level label="i"> <text>If by March 1, 1982 a flood management plan for Jones Falls is not prepared and approved and implementation begun under § 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.</text> </level> <level label="ii"> <text>Regulations adopted pursuant to this paragraph may not apply:</text> <level label="1"> <text>To floodproofing of any existing structure; or</text> </level> <level label="2"> <text>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.</text> </level> </level> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> </level> <level label="b"> <level label="1"> <text>A person is exempt from the requirement of obtaining a permit from the Department if:</text> <level label="i"> <text>The plans and specifications are approved by the appropriate soil conservation district or the Department’s designee;</text> </level> <level label="ii"> <text>The pond is not located within drainage of the Gwynns Falls, Jones Falls, or Herring Run streams situated in or adjacent to Baltimore City;</text> </level> <level label="iii"> <text>The pond meets minimum standards for safety set forth in Department rules and regulations;</text> </level> <level label="iv"> <text>The contributory drainage area is less than 1 square mile (640 acres);</text> </level> <level label="v"> <text>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;</text> </level> <level label="vi"> <text>The pond is a low hazard structure the failure of which is unlikely to cause loss of life or property damage; and</text> </level> <level label="vii"> <text>The pond is not a wastewater stabilization pond.</text> </level> </level> <level label="2"> <text>The soil conservation district or the Department’s designee shall notify the Department of any pond approved under this subsection.</text> </level> <level label="3"> <text>Nothing in this subsection is a limitation on the Department’s authority under this subtitle.</text> </level> <level label="4"> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>Subject to § 8–311 of the Agriculture Article, any recommended fee system shall take effect upon enactment by the local governing body.</text> </level> <level label="iii"> <text>Any fees collected under a fee system established in accordance with this paragraph shall be supplemental to county and State funds and may not:</text> <level label="1"> <text>Be used to reduce county or State funds; or</text> </level> <level label="2"> <text>Exceed the cost of reviewing the plans.</text> </level> </level> </level> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Gwynns Falls, Jones Falls, and Herring Run, situated in or adjacent to Baltimore City, are designated interjurisdictional watersheds.</text> </level> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>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 § 8-603 of the Agriculture Article.</text> </level> <level label="f"> <text>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:</text> <level label="1"> <text>The maintenance is performed in accordance with a permit from the Department for the original construction or reconstruction of the drainage system; or</text> </level> <level label="2"> <text>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 § 8-603 of the Agriculture Article.</text> </level> </level> <level label="g"> <text>The removal or demolition of residential structures is exempt from any permit requirement of this section.</text> </level> </section> <section article="gen" article_name="Environment" number="5-503.1" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <level label="1"> <text>This section applies to any dam that:</text> <level label="i"> <text>Has the potential to cause the loss of human life or substantial property damage in the event of structural failure; and</text> </level> <level label="ii"> <text>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.</text> </level> </level> <level label="2"> <text>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:</text> <level label="i"> <text>On or before August 1, 2017, a copy of the existing emergency action plan for the dam; and</text> </level> <level label="ii"> <text>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.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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 § 5–503 of this subtitle.</text> </level> </level> <level label="c"> <text>An emergency action plan shall contain:</text> <level label="1"> <text>A description of the dam, including its hazard classification;</text> </level> <level label="2"> <text>Maps or other graphic representations of areas downstream that have the potential to be affected by a structural failure or any other emergency;</text> </level> <level label="3"> <text>A list of agencies and individuals responsible for monitoring weather and operating conditions at the dam during emergencies;</text> </level> <level label="4"> <text>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;</text> </level> <level label="5"> <text>Procedures for notifying jurisdictions, businesses, and persons who have the potential to be affected by a dam failure or any other emergency;</text> </level> <level label="6"> <text>A list of emergency management resources and equipment that could be needed in the event of an emergency; and</text> </level> <level label="7"> <text>Any additional information required by the Department.</text> </level> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>Emergency action plans shall be updated annually and submitted to the Department for approval on or before May 1 each year.</text> </level> <level label="f"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="g"> <text>The Department may adopt regulations to implement this section.</text> </level> </section> <section article="gen" article_name="Environment" number="5-504" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-505" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-506" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <text>Upon application for a permit under this subtitle, and except as otherwise provided in this section, the procedures in § 5–204 of this title shall apply.</text> </level> <level label="b"> <text>Under the following conditions, the Department may waive the notice requirements and the holding of a public informational hearing on a permit application:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>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;</text> </level> <level label="5"> <text>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</text> </level> <level label="6"> <text>If the requested waterway construction permit is for livestock crossing of a stream.</text> </level> </level> <level label="c"> <text>If contiguous property owners and interested persons who receive periodic reports are notified under § 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.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>Notwithstanding any other requirement of this section:</text> <level label="1"> <text>The Department may waive the notice and hearing requirements of this section if the appropriation requested is for:</text> <level label="i"> <text>An average annual water use of 10,000 gallons per day or less; or</text> </level> <level label="ii"> <text>A construction dewatering project; and</text> </level> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-507" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <text>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.</text> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Any measuring and reporting of water use required of a permittee by the Department shall be effective and reasonable under the circumstances.</text> </level> <level label="3"> <text>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.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-508" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <text>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.</text> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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 §§ 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.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-509" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Asset owner” means the owner or person having control of a water infrastructure asset.</text> </level> <level label="3"> <text>“Association” means:</text> <level label="i"> <text>A homeowners association, as defined in § 11B–101 of the Real Property Article;</text> </level> <level label="ii"> <text>A council of unit owners, as defined in § 11–101 of the Real Property Article; or</text> </level> <level label="iii"> <text>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.</text> </level> </level> <level label="4"> <text>“Association member” means an owner or a member of an association.</text> </level> <level label="5"> <text>“Water infrastructure asset” means a reservoir, a dam, or any other waterway construction.</text> </level> </level> <level label="b"> <level label="1"> <text>On complaint or the Department’s own initiative, the Department may investigate or examine any water infrastructure asset.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>The repair or removal work shall be completed within a reasonable time, which time shall be prescribed in the Department’s notice.</text> </level> <level label="4"> <level label="i"> <text>This paragraph applies to a water infrastructure asset that the Department determines meets the criteria specified in paragraph (2) of this subsection.</text> </level> <level label="ii"> <text>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:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>Shall prioritize the use of environmental outcomes, as defined in § 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.</text> </level> </level> <level label="iii"> <text>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:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>The repair, retrofit, or removal measures identified for the water infrastructure asset in the notice provided under paragraph (2) of this subsection.</text> </level> </level> </level> </level> <level label="c"> <text>If the work is not completed in the time prescribed in the notice:</text> <level label="1"> <text>The Department may have the work completed at the expense of the asset owner;</text> </level> <level label="2"> <text>The Department shall charge the asset owner for the costs to complete the work; and</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="d"> <level label="1"> <text>The Department may take emergency actions necessary to protect life, property, or the environment if:</text> <level label="i"> <level label="1"> <text>The Department determines that a water infrastructure asset is in imminent danger of failure; and</text> </level> <level label="2"> <text>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</text> </level> </level> <level label="ii"> <text>The Department determines that:</text> <level label="1"> <text>A water infrastructure asset is failing; and</text> </level> <level label="2"> <text>The asset owner is not taking adequate actions to protect life, property, or the environment.</text> </level> </level> </level> <level label="2"> <text>Emergency actions taken by the Department under this subsection may include:</text> <level label="i"> <text>Taking control of the water infrastructure asset;</text> </level> <level label="ii"> <text>Lowering the level of water impounded by the water infrastructure asset by releasing the impounded water or by other means;</text> </level> <level label="iii"> <text>Completely releasing all water impounded by the water infrastructure asset;</text> </level> <level label="iv"> <text>Performing any necessary remedial or protective work at the site of the water infrastructure asset, including breaching the water infrastructure asset; and</text> </level> <level label="v"> <text>Taking any other steps the Department deems necessary to safeguard life, property, or the environment.</text> </level> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>The Department may obtain equipment, personnel, and other resources for emergency actions taken under this subsection through any appropriate means, including emergency procurements under § 13–108 of the State Finance and Procurement Article.</text> </level> </level> <level label="e"> <level label="1"> <text>Costs incurred by the Department under this section shall:</text> <level label="i"> <text>Constitute a debt owed to the State; and</text> </level> <level label="ii"> <text>Be reimbursed to the Department by the asset owner.</text> </level> </level> <level label="2"> <text>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.</text> </level> </level> <level label="f"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="g"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="h"> <text>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:</text> <level label="1"> <text>The approval or permitting of the water infrastructure asset;</text> </level> <level label="2"> <text>The issuance or enforcement of orders relative to maintenance or operation of the water infrastructure asset;</text> </level> <level label="3"> <text>Control or regulation of the water infrastructure asset;</text> </level> <level label="4"> <text>Actions taken to protect against failure during an emergency, including any actions taken under this subsection;</text> </level> <level label="5"> <text>The use of design and construction criteria prepared, approved, or promulgated by the Department; or</text> </level> <level label="6"> <text>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.</text> </level> </level> <level label="i"> <text>Nothing in this section, and no act or omission of the Department under this section, shall be construed to relieve an asset owner of:</text> <level label="1"> <text>The legal duties, obligations, or liabilities incident to the ownership or operation of a water infrastructure asset; or</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="j"> <text>This section does not apply to farm ponds used for agricultural purposes.</text> </level> </section> <section article="gen" article_name="Environment" number="5-509.1" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <text>In this section, “dam owner” means the owner or person having control of the normal operation or maintenance of a dam.</text> </level> <level label="b"> <level label="1"> <text>This section applies to a dam that is:</text> <level label="i"> <text>Included in the Maryland Dam Inventory; and</text> </level> <level label="ii"> <text>Not owned by the federal government.</text> </level> </level> <level label="2"> <text>This section does not apply to a reservoir, dam, waterway obstruction, or small pond that is exempt from permit requirements under § 5–503(b) of this subtitle.</text> </level> </level> <level label="c"> <text>Except as otherwise provided in this subtitle, all dam owners shall register their dams annually with the Department.</text> </level> <level label="d"> <text>Beginning January 1, 2027, to register with the Department, a dam owner shall:</text> <level label="1"> <text>Submit an application to the Department on the form provided by the Department; and</text> </level> <level label="2"> <text>Pay to the Department a registration fee.</text> </level> </level> <level label="e"> <text>The registration fee shall be:</text> <level label="1"> <text>For a low hazard class dam, $200;</text> </level> <level label="2"> <text>For a significant hazard class dam, $500; and</text> </level> <level label="3"> <text>For a high hazard class dam, $1,000.</text> </level> </level> <level label="f"> <text>Registration fees collected under this section shall be paid into the Private Dam Repair Fund established under § 5–509.2 of this subtitle.</text> </level> <level label="g"> <level label="1"> <text>The Department shall establish criteria to fully or partially waive the registration fee under this section due to financial hardship.</text> </level> <level label="2"> <text>The waiver criteria established under paragraph (1) of this subsection shall prioritize individual homeowners.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-509.2" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Dam owner” has the meaning stated in § 5–509 of this subtitle.</text> </level> <level label="3"> <level label="i"> <text>“Eligible cost” means any cost to be incurred by a dam owner for the repair, emergency repair, or permanent breach of a dam.</text> </level> <level label="ii"> <text>“Eligible cost” includes construction activities, engineering fees, demolition, excavation, stabilization, and related costs.</text> </level> </level> <level label="4"> <text>“Fund” means the Private Dam Repair Fund.</text> </level> <level label="5"> <text>“Loan” means a private dam repair loan made in accordance with this section.</text> </level> <level label="6"> <text>“Private dam” means a dam that is not owned by the federal government, the State government, or a county or municipal government.</text> </level> <level label="7"> <text>“Unsafe condition” has the meaning stated in § 5–509 of this subtitle.</text> </level> </level> <level label="b"> <level label="1"> <text>There is a Private Dam Repair Fund.</text> </level> <level label="2"> <text>The purpose of the Fund is to provide financial assistance for the repair, upgrade, or removal of private dams in accordance with this subtitle.</text> </level> <level label="3"> <text>The Maryland Water Infrastructure Financing Administration within the Department shall administer the Fund.</text> </level> </level> <level label="c"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </level> </level> <level label="d"> <text>The Fund consists of:</text> <level label="1"> <text>Dam safety permit fees collected by the Department under § 5–203.2 of this title;</text> </level> <level label="2"> <text>Dam owner registration fees collected by the Department under § 5–509.1 of this subtitle;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>Penalties distributed to the Fund under § 5–514(c)(2) of this subtitle;</text> </level> <level label="5"> <text>Funds appropriated in the State budget to the Fund;</text> </level> <level label="6"> <text>Interest earnings; and</text> </level> <level label="7"> <text>Any other money from any other source accepted for the benefit of the Fund.</text> </level> </level> <level label="e"> <text>The Fund may be used only for:</text> <level label="1"> <text>Providing financial assistance to private dam owners for Department–directed upgrades, repairs, or removals;</text> </level> <level label="2"> <text>Making loans in accordance with this section;</text> </level> <level label="3"> <text>Funding emergency repairs and removals of private dams performed by the Department; and</text> </level> <level label="4"> <text>Reimbursing the administrative cost to the Department of processing and issuing dam safety permits and performing the duties under § 5–509 of this subtitle.</text> </level> </level> <level label="f"> <level label="1"> <text>The State Treasurer shall invest money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any interest earnings of the Fund shall be credited to the Fund.</text> </level> </level> <level label="g"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> <level label="h"> <level label="1"> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>Loans made under this subsection shall be administered by the Maryland Water Infrastructure Financing Administration in accordance with §§ 9–1604 and 9–1606 of this article.</text> </level> </level> <level label="2"> <level label="i"> <text>The Department may establish criteria for awarding loans under the Fund.</text> </level> <level label="ii"> <text>Eligible applicants may include dam owners that:</text> <level label="1"> <text>Have an approved emergency action plan in accordance with § 5–503.1 of this subtitle;</text> </level> <level label="2"> <text>Have had an inspection of the private dam performed by the Department that documents deficiencies in accordance with § 5–509 of this subtitle within the past 24 months;</text> </level> <level label="3"> <text>Can demonstrate, with documentation, actions taken to address deficiencies indicated in inspection reports prepared by the Department; and</text> </level> <level label="4"> <text>Have demonstrated an ability to repay a loan.</text> </level> </level> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>A dam owner seeking a loan shall submit a complete loan application to the Department on a form provided by the Department.</text> </level> <level label="6"> <text>The repayment period for a loan may not exceed 20 years.</text> </level> <level label="7"> <text>The loan shall be made at or below market interest rates.</text> </level> <level label="8"> <text>The Department may charge a loan origination fee that may be used for the reasonable cost of administering the loan program.</text> </level> <level label="9"> <text>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.</text> </level> <level label="10"> <text>Full repayment of the loan shall be required on sale or transfer of the property.</text> </level> <level label="11"> <level label="i"> <text>The Department may establish remedies for loan recipients who fail to meet repayment obligations under the loan terms.</text> </level> <level label="ii"> <text>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.</text> </level> <level label="iii"> <level label="1"> <text>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 §§ 14–804 and 14–805 of the Tax – Property Article.</text> </level> <level label="2"> <text>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.</text> </level> </level> </level> <level label="12"> <text>The Department shall adopt regulations to carry out this subsection.</text> </level> </level> <level label="i"> <text>On or before November 1, 2026, and each November 1 thereafter, the Department shall report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly on:</text> <level label="1"> <text>The status of the Fund;</text> </level> <level label="2"> <text>Revenues, encumbrances to, and expenditures from the Fund;</text> </level> <level label="3"> <text>A description of the projects funded by the Fund; and</text> </level> <level label="4"> <text>The number of applications for financial assistance from the Fund that were denied.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-510" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>The Department may extend a permit-time limit for good cause shown.</text> </level> </section> <section article="gen" article_name="Environment" number="5-511" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-512" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <text>The provisions of this subtitle do not amend or repeal:</text> <level label="1"> <text>Any law relating to the Public Service Commission or to water and water structures; or</text> </level> <level label="2"> <text>Any act or parts of acts consistent with the provisions of this subtitle.</text> </level> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-513" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-514" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Each day a violation occurs or continues is a separate violation under this subsection.</text> </level> <level label="3"> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>Prior consultation by the Department with the local government shall constitute compliance with this subsection.</text> </level> </level> </level> <level label="b"> <text>A person who violates a provision of this subtitle or a regulation adopted under this subtitle is subject to the penalties provided in § 9–343 of this article.</text> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The penalty imposed on a person under this subsection shall be:</text> <level label="i"> <text>Up to $5,000 for each violation, but not exceeding $100,000 total; and</text> </level> <level label="ii"> <text>Assessed with consideration given to:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>The cost of cleanup and the cost of restoration of natural resources;</text> </level> <level label="4"> <text>The nature and degree of injury to or interference with general welfare, health, and property;</text> </level> <level label="5"> <text>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;</text> </level> <level label="6"> <text>The available technology and economic reasonableness of controlling, reducing, or eliminating the violation;</text> </level> <level label="7"> <text>The degree of hazard or harm posed by the violation;</text> </level> <level label="8"> <text>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</text> </level> <level label="9"> <text>The degree of cooperation with the Department after being notified of the violation and any good faith efforts to address the violation.</text> </level> </level> </level> <level label="3"> <text>Each day a violation exists is a separate violation under this subsection.</text> </level> <level label="4"> <text>Any penalty imposed under this subsection is payable to the State and collectible in any manner provided at law for the collection of debts.</text> </level> <level label="5"> <text>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:</text> <level label="i"> <text>Real property of the person when recorded with the clerk of the circuit court for the county in which the property is located; and</text> </level> <level label="ii"> <text>Personal property of the person when attached and levied by the State in accordance with the Maryland Rules.</text> </level> </level> </level> <level label="d"> <text>Before taking any civil or administrative action to recover a penalty under subsection (a) or (c) of this section, the Department shall:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>Use discretion to determine whether a formal enforcement action under this section is appropriate; and</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="e"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Funds collected by the Department under this section relating to an unsafe condition shall be paid into the Private Dam Repair Fund.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-515" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <text>After or concurrently with the service of a complaint under this subtitle, the Department may:</text> <level label="1"> <text>Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;</text> </level> <level label="2"> <text>Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or</text> </level> <level label="3"> <text>Send a written notice that requires the person to whom the notice is directed:</text> <level label="i"> <text>To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or</text> </level> <level label="ii"> <text>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.</text> </level> </level> </level> <level label="b"> <text>Any order issued under this section is effective immediately, according to its terms, when it is served.</text> </level> </section> <section article="gen" article_name="Environment" number="5-516" title_number="5" title_name="Water Resources" subtitle_number="5" subtitle_name="Appropriation or Use of Waters, Reservoirs, and Dams"> <level label="a"> <text>The Department shall give notice and hold any hearing related to orders imposed under this subtitle in accordance with the Administrative Procedure Act.</text> </level> <level label="b"> <level label="1"> <text>Within 10 days after being served with an order under § 5–515(a)(1) of this subtitle, the person served may request in writing a hearing before the Department.</text> </level> <level label="2"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, if a request for a hearing on an order is made under this subsection, the Department shall:</text> <level label="1"> <text>Hold the hearing promptly after receiving the request; and</text> </level> <level label="2"> <text>Render a decision promptly after the hearing.</text> </level> </level> <level label="ii"> <text>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:</text> <level label="1"> <text>Hold the hearing within 10 days after receiving the request; and</text> </level> <level label="2"> <text>Render a decision within 10 days after the hearing.</text> </level> </level> </level> </level> <level label="c"> <text>Within 10 days after being served with a notice under § 5–515(a)(2) of this subtitle, the person served may request in writing a hearing before the Department.</text> </level> <level label="d"> <text>The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.</text> </level> <level label="e"> <level label="1"> <text>In connection with any hearing under this subtitle, the Department may:</text> <level label="i"> <text>Subpoena any person or evidence; and</text> </level> <level label="ii"> <text>Order a witness to give evidence.</text> </level> </level> <level label="2"> <text>A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.</text> </level> <level label="3"> <text>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:</text> <level label="i"> <text>Compel obedience to the Department’s order or subpoena; or</text> </level> <level label="ii"> <text>Compel testimony or the production of evidence.</text> </level> </level> <level label="4"> <text>The court may punish as contempt any failure to obey its order issued under this section.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-5B-01" title_number="5" title_name="Water Resources" subtitle_number="5B" subtitle_name="Maryland Water Conservation"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Expanded water appropriation permit” means a revised permit granting a significant increase in the withdrawal of water authorized under the existing water appropriation permit.</text> </level> <level label="c"> <text>“Public water system” has the meaning stated in § 9–401 of this article and is a water system located in the State.</text> </level> <level label="d"> <text>“Water conservation” means the use of practices, techniques, and technologies that:</text> <level label="1"> <text>Reduce the consumption, loss, or waste of water;</text> </level> <level label="2"> <text>Improve efficiency in the use of water; or</text> </level> <level label="3"> <text>Make more efficient use of water treatment infrastructure.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-5B-02" title_number="5" title_name="Water Resources" subtitle_number="5B" subtitle_name="Maryland Water Conservation"> <text>This subtitle applies to public water systems serving at least 10,000 individuals that:</text> <level label="1"> <text>Apply for a new or expanded water appropriation permit; or</text> </level> <level label="2"> <text>Apply for State financial assistance including the Maryland Water Quality Revolving Loan Fund as provided in § 9-1605 of this article and any other State funding source.</text> </level> </section> <section article="gen" article_name="Environment" number="5-5B-03" title_number="5" title_name="Water Resources" subtitle_number="5B" subtitle_name="Maryland Water Conservation"> <text>It is the policy of the State of Maryland to:</text> <level label="1"> <text>Encourage investment in cost-effective measures that improve the efficiency with which water is used, treated, stored, and transmitted in the State;</text> </level> <level label="2"> <text>Reduce costs associated with treating, storing, and transmitting water; and</text> </level> <level label="3"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-5B-04" title_number="5" title_name="Water Resources" subtitle_number="5B" subtitle_name="Maryland Water Conservation"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>Best management practices may include the following:</text> <level label="1"> <text>Practices designed to measure the amount of water conveyed through the system’s infrastructure to water users, such as universal metering;</text> </level> <level label="2"> <text>Audits of large-volume users;</text> </level> <level label="3"> <text>Reuse and recycling of water for nonpotable, nonresidential applications;</text> </level> <level label="4"> <text>Management of system pressure to reduce usage;</text> </level> <level label="5"> <text>Retrofit programs;</text> </level> <level label="6"> <text>Efficiency in landscape design and irrigation techniques;</text> </level> <level label="7"> <text>Wastewater reclamation and recycling programs;</text> </level> <level label="8"> <text>Fixture replacement programs;</text> </level> <level label="9"> <text>Water and wastewater pricing structures that encourage improved efficiency;</text> </level> <level label="10"> <text>Rebates and other financial incentives;</text> </level> <level label="11"> <text>An education program for users designed to promote increased efficiency and conservation; and</text> </level> <level label="12"> <text>Promotion or adoption of local water-use ordinances that encourage water conservation.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-5B-05" title_number="5" title_name="Water Resources" subtitle_number="5B" subtitle_name="Maryland Water Conservation"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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 § 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.</text> </level> <level label="c"> <text>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:</text> <level label="1"> <text>Costs and cost-savings associated with implementing examples of specific best management practices;</text> </level> <level label="2"> <text>Water conservation associated with implementing specific best management practices; and</text> </level> <level label="3"> <text>Priority eligibility for funding through State financial resources for drinking water and wastewater treatment improvements including the Maryland Water Quality Revolving Loan Fund under § 9-1605 of this article and other State or federal financial assistance when best management practices are implemented.</text> </level> </level> <level label="d"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-601" title_number="5" title_name="Water Resources" subtitle_number="6" subtitle_name="Maryland Geothermal Resources Act"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Construction” means any clearing, grading, excavation, building, or the commencement of any of these activities.</text> </level> <level label="c"> <text>“Department” means the Department of the Environment.</text> </level> <level label="d"> <text>“Exploratory activities” means any activity involving the drilling of test wells for geothermal resources.</text> </level> <level label="e"> <level label="1"> <text>“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.</text> </level> <level label="2"> <text>“Geothermal resources” do not include oil, hydrocarbon gas, and other hydrocarbon substances.</text> </level> </level> <level label="f"> <text>“Person” includes corporations, companies, associations, firms, partnerships, joint stock companies, individuals, and government agencies.</text> </level> <level label="g"> <text>“Well” means any excavation or other alteration of the earth’s surface or crust by means of which geothermal resources may be obtained.</text> </level> </section> <section article="gen" article_name="Environment" number="5-602" title_number="5" title_name="Water Resources" subtitle_number="6" subtitle_name="Maryland Geothermal Resources Act"> <level label="a"> <text>Geothermal resources are a natural resource in the State which possess great potential value for the State and the nation as a whole.</text> </level> <level label="b"> <text>In exploring and developing geothermal resources, maximum possible consideration shall be afforded to:</text> <level label="1"> <text>Avoiding waste and unreasonable use of natural resources;</text> </level> <level label="2"> <text>Protecting the environment; and</text> </level> <level label="3"> <text>Optimizing the productive use of the resource.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-603" title_number="5" title_name="Water Resources" subtitle_number="6" subtitle_name="Maryland Geothermal Resources Act"> <level label="a"> <text>The Department shall be responsible for the management and regulation of the geothermal resources in the State.</text> </level> <level label="b"> <text>The Department may contract for research and scientific investigation in order to determine the potential of the geothermal resources in the State.</text> </level> <level label="c"> <text>The Department may conduct and participate in development projects designed to demonstrate the feasibility of utilizing the State’s geothermal resources.</text> </level> <level label="d"> <text>The Department may use any funds made available for the purpose of exploring, analyzing, developing, and using geothermal resources.</text> </level> <level label="e"> <text>The Department may establish reasonable fees to cover the cost of processing permit applications.</text> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <text>The Department may adopt regulations necessary to implement this subtitle.</text> </level> </section> <section article="gen" article_name="Environment" number="5-604" title_number="5" title_name="Water Resources" subtitle_number="6" subtitle_name="Maryland Geothermal Resources Act"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>The Department may approve an application if the Department determines that:</text> <level label="1"> <text>The applicant is qualified to conduct exploratory work;</text> </level> <level label="2"> <text>The applicant will comply with all applicable laws; and</text> </level> <level label="3"> <text>The applicant’s work program provides adequate protection for the natural resources of the State.</text> </level> </level> <level label="d"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-605" title_number="5" title_name="Water Resources" subtitle_number="6" subtitle_name="Maryland Geothermal Resources Act"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>The application shall be accompanied by the following information and any other information as required by the Department:</text> <level label="1"> <text>A project description specifying:</text> <level label="i"> <text>What is planned to be constructed, its purpose, use, location, estimated cost, and size; and</text> </level> <level label="ii"> <text>The methods of construction, construction schedule, and operation procedure;</text> </level> </level> <level label="2"> <text>A list of licenses, permits, or other approvals required by any government unit;</text> </level> <level label="3"> <text>Detailed information as to the need for the use and facts concerning alternate site locations as may be requested by the Department; and</text> </level> <level label="4"> <text>Information providing proof of the discovery of a geothermal resource and an evaluation of the resource.</text> </level> </level> <level label="c"> <text>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:</text> <level label="1"> <text>Conforms with and meets all applicable air, water, and noise laws of the State;</text> </level> <level label="2"> <text>Conforms with all applicable State and local plans;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>Would not be so located, constructed, or operated as to have a material adverse effect upon the public health, safety, or welfare;</text> </level> <level label="5"> <text>Would not be a potential or immediate undue burden on the water supply of the site or region; and</text> </level> <level label="6"> <text>Would not cause an unreasonable rate of resource exhaustion.</text> </level> </level> <level label="d"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-606" title_number="5" title_name="Water Resources" subtitle_number="6" subtitle_name="Maryland Geothermal Resources Act"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-607" title_number="5" title_name="Water Resources" subtitle_number="6" subtitle_name="Maryland Geothermal Resources Act"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-608" title_number="5" title_name="Water Resources" subtitle_number="6" subtitle_name="Maryland Geothermal Resources Act"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-609" title_number="5" title_name="Water Resources" subtitle_number="6" subtitle_name="Maryland Geothermal Resources Act"> <level label="a"> <text>This subtitle shall be liberally construed to effectuate its intents and purposes.</text> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-701" title_number="5" title_name="Water Resources" subtitle_number="7" subtitle_name="Flood Control and Water Supply Powers and Functions"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-702" title_number="5" title_name="Water Resources" subtitle_number="7" subtitle_name="Flood Control and Water Supply Powers and Functions"> <level label="a"> <text>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:</text> <level label="1"> <text>The amount of water-supply storage required to meet both initial and future needs in the potential service area within the State; and</text> </level> <level label="2"> <text>The need for and benefits of storage for regulation of streamflow for quality control.</text> </level> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-703" title_number="5" title_name="Water Resources" subtitle_number="7" subtitle_name="Flood Control and Water Supply Powers and Functions"> <text>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:</text> <level label="1"> <text>A contribution by the State of up to 50% of the nonfederal share of approved projects under PL 566;</text> </level> <level label="2"> <text>Using funds in programs or projects for flood control, recreation, fish and wildlife, water supply, and flow augmentation; and</text> </level> <level label="3"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-704" title_number="5" title_name="Water Resources" subtitle_number="7" subtitle_name="Flood Control and Water Supply Powers and Functions"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-801" title_number="5" title_name="Water Resources" subtitle_number="8" subtitle_name="Flood Control and Watershed Management"> <level label="a"> <text>In this subtitle the following terms have the meanings indicated.</text> </level> <level label="b"> <text>“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.</text> </level> <level label="c"> <text>“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.</text> </level> <level label="d"> <text>“Department” means the Department of the Environment.</text> </level> <level label="e"> <text>“Federal flood insurance program” means the program established by the National Flood Insurance Act of 1968, as amended.</text> </level> <level label="f"> <text>“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 § 5-803 of this subtitle.</text> </level> <level label="g"> <text>“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.</text> </level> <level label="h"> <text>“Secretary” means the Secretary of the Environment.</text> </level> <level label="i"> <text>“Subdivision” means:</text> <level label="1"> <text>Any county, including Baltimore City; and</text> </level> <level label="2"> <text>Any incorporated municipality which has the authority to adopt and enforce land use and control measures for the areas within its jurisdiction.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-802" title_number="5" title_name="Water Resources" subtitle_number="8" subtitle_name="Flood Control and Watershed Management"> <level label="a"> <text>The General Assembly finds and declares that:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>Flood waters disregard jurisdictional boundaries; and</text> </level> <level label="4"> <text>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.</text> </level> </level> <level label="b"> <text>The policy and purposes of this subtitle are:</text> <level label="1"> <text>To assist in the guidance of development to minimize the impacts of flooding;</text> </level> <level label="2"> <text>To provide State guidelines and technical assistance to local governments in management of flood hazard areas;</text> </level> <level label="3"> <text>To provide for comprehensive watershed management;</text> </level> <level label="4"> <text>To facilitate implementation of projects for flood control;</text> </level> <level label="5"> <text>To encourage and provide for local governmental units to manage flood–prone lands in a comprehensive manner;</text> </level> <level label="6"> <text>To provide for the biological and environmental quality of the watersheds of the State; and</text> </level> <level label="7"> <text>To establish a grant program to assist local jurisdictions with:</text> <level label="i"> <text>Implementation of those capital projects included within the comprehensive flood management plans which are adopted and approved in accordance with this subtitle; and</text> </level> <level label="ii"> <text>Infrastructure repairs, watershed restoration, and emergency protection work associated with a flood event.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="5-803" title_number="5" title_name="Water Resources" subtitle_number="8" subtitle_name="Flood Control and Watershed Management"> <level label="a"> <text>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.</text> </level> <level label="b"> <level label="1"> <text>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:</text> <level label="i"> <text>The existing magnitude and frequency of flood events;</text> </level> <level label="ii"> <text>The magnitude and frequency of flood events based on planned development; and</text> </level> <level label="iii"> <text>Alternative management techniques according to their effectiveness in controlling floods and minimizing flood damage.</text> </level> </level> <level label="2"> <text>The studies shall address at least the 100-year flood event.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Management techniques may include:</text> <level label="i"> <text>Flood control dams;</text> </level> <level label="ii"> <text>Levees and dikes;</text> </level> <level label="iii"> <text>Stormwater detention or retention structures;</text> </level> <level label="iv"> <text>Public acquisition;</text> </level> <level label="v"> <text>Flood proofing;</text> </level> <level label="vi"> <text>Storm drain and stream maintenance;</text> </level> <level label="vii"> <text>Tax adjustment policies;</text> </level> <level label="viii"> <text>Subdivision, zoning, and related ordinances; and</text> </level> <level label="ix"> <text>Other practical methods.</text> </level> </level> <level label="3"> <text>Management techniques shall include flood warning systems.</text> </level> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <level label="1"> <text>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.</text> </level> <level label="2"> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>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.</text> </level> </level> </level> <level label="h"> <level label="1"> <text>There is a comprehensive flood management grant program within the Department.</text> </level> <level label="2"> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>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.</text> </level> </level> <level label="3"> <level label="i"> <text>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:</text> <level label="1"> <text>Is undertaken as part of a comprehensive flood management plan prepared and adopted by the subdivision; and</text> </level> <level label="2"> <text>Is not inconsistent with any State or interjurisdictional flood management plan.</text> </level> </level> <level label="ii"> <text>Grants for automated flood warnings projects shall be conditioned to require all affected local governing bodies to:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>Provide for financial and other commitments to properly operate and maintain the project.</text> </level> </level> <level label="iii"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>For a flood control and watershed management capital project that involves federal funding and meets the criteria of this subtitle:</text> </level> <level label="A"> <text>The Department may provide up to 50% of the nonfederal share of the project funding; and</text> </level> <level label="B"> <text>Local government or private funds shall provide not less than 50% of the nonfederal share of the project funding.</text> </level> </level> <level label="iv"> <text>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.</text> </level> </level> <level label="4"> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>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.</text> </level> </level> <level label="5"> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>The total amount of grants awarded by the Department to subdivisions under this paragraph may:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="iii"> <text>A grant awarded to a subdivision under this paragraph may be:</text> <level label="1"> <text>For an amount of up to 50% of the combined cost of infrastructure repairs, watershed restoration, and emergency work associated with the flood event;</text> </level> <level label="2"> <text>Used for infrastructure repairs, watershed management, or emergency protection work associated with the flood event; and</text> </level> <level label="3"> <text>Used for expenses associated with item 2 of this subparagraph that the subdivision has already incurred.</text> </level> </level> <level label="iv"> <text>The Department shall prioritize awarding grants under this paragraph to subdivisions in which:</text> <level label="1"> <text>Infrastructure damage occurred in an area designated by the Maryland Historical Trust as an historic district; or</text> </level> <level label="2"> <text>Infrastructure damage caused by a flood event has occurred more than once within the previous 5 years.</text> </level> </level> </level> <level label="6"> <level label="i"> <text>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 § 4–112 of the Local Government Article.</text> </level> <level label="ii"> <text>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.</text> </level> </level> <level label="7"> <text>To receive a grant, the subdivision must participate in the national flood insurance program.</text> </level> <level label="8"> <text>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.</text> </level> <level label="9"> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>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 § 1–701 of this article.</text> </level> <level label="iii"> <text>Funds not awarded from the comprehensive flood management grant program by the end of a fiscal year:</text> <level label="1"> <text>Shall remain in the program; and</text> </level> <level label="2"> <text>Are not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> </level> </level> <level label="10"> <level label="i"> <text>The Department, in consultation with the Department of Planning, shall adopt regulations necessary for the administration of the grant program.</text> </level> <level label="ii"> <text>These regulations may include:</text> <level label="1"> <text>A determination of statewide and interjurisdictional needs and priorities;</text> </level> <level label="2"> <text>Standards of eligibility for applicants and projects;</text> </level> <level label="3"> <text>Criteria for recognition of tidal and nontidal areas;</text> </level> <level label="4"> <text>Engineering and economic standards and alternatives; and</text> </level> <level label="5"> <text>Procedures for filing and processing contents of applications.</text> </level> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="5-804" title_number="5" title_name="Water Resources" subtitle_number="8" subtitle_name="Flood Control and Watershed Management"> <level label="a"> <text>The Department shall assure that State construction projects and State-assisted construction projects meet the requirements of this subtitle.</text> </level> <level label="b"> <text>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 § 5-803 of this subtitle.</text> </level> <level label="c"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-805" title_number="5" title_name="Water Resources" subtitle_number="8" subtitle_name="Flood Control and Watershed Management"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-806" title_number="5" title_name="Water Resources" subtitle_number="8" subtitle_name="Flood Control and Watershed Management"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-807" title_number="5" title_name="Water Resources" subtitle_number="8" subtitle_name="Flood Control and Watershed Management"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-808" title_number="5" title_name="Water Resources" subtitle_number="8" subtitle_name="Flood Control and Watershed Management"> <text>Engineering, technical, and administrative services required to implement the provisions of this subtitle shall be funded as provided in the State budget.</text> </section> <section article="gen" article_name="Environment" number="5-809" title_number="5" title_name="Water Resources" subtitle_number="8" subtitle_name="Flood Control and Watershed Management"> <text>This subtitle may be cited as the Flood Hazard Management Act of 1976.</text> </section> <section article="gen" article_name="Environment" number="5-810" title_number="5" title_name="Water Resources" subtitle_number="8" subtitle_name="Flood Control and Watershed Management"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“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.</text> </level> <level label="3"> <text>“Moderate–risk flood hazard area” means an area that is:</text> <level label="i"> <text>Identified by the Federal Emergency Management Agency as having a 0.2% chance of annual flooding; and</text> </level> <level label="ii"> <text>Commonly known as the 500–year floodplain.</text> </level> </level> <level label="4"> <text>“Special flood hazard area” means an area that is:</text> <level label="i"> <text>Identified by the Federal Emergency Management Agency as having a 1% chance of annual flooding; and</text> </level> <level label="ii"> <text>Commonly known as the 100–year floodplain.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>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 § 10–716 of the Real Property Article.</text> </level> <level label="2"> <text>The flood risk disclosure statement form shall, at minimum, include the following information:</text> <level label="i"> <text>Whether the property is located wholly or partly within a special flood hazard area;</text> </level> <level label="ii"> <text>Whether the property is located wholly or partly within a moderate–risk flood hazard area;</text> </level> <level label="iii"> <text>Whether the property is subject to a requirement under federal law that requires the owner to obtain and maintain flood insurance;</text> </level> <level label="iv"> <text>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;</text> </level> <level label="v"> <text>Whether the vendor currently has flood insurance for the property;</text> </level> <level label="vi"> <text>Whether there is a FEMA elevation certificate available for the property;</text> </level> <level label="vii"> <text>Whether the vendor has knowledge of any claims filed for flood damage to the property, including with the national flood insurance program; and</text> </level> <level label="viii"> <text>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.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="5-901" title_number="5" title_name="Water Resources" subtitle_number="9" subtitle_name="Nontidal Wetlands"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <level label="1"> <text>“Agricultural activity” means aquaculture and farming activities.</text> </level> <level label="2"> <text>“Agricultural activity” includes:</text> <level label="i"> <text>Plowing, tillage, cropping, seeding, cultivating, and harvesting for the production of food and fiber products; and</text> </level> <level label="ii"> <text>The grazing of livestock.</text> </level> </level> </level> <level label="c"> <text>“Best management practices” means conservation practices or systems of practices and management measures that:</text> <level label="1"> <text>Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment; and</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="d"> <text>“Compensation ratio” means the ratio of the area of wetland restored, created, or enhanced to the area of wetland for which mitigation is required.</text> </level> <level label="e"> <text>“Department” means the Department of the Environment.</text> </level> <level label="f"> <text>“Forestry activity” means planting, cultivating, thinning, harvesting, or any other activity undertaken to use forest resources or to improve their quality or productivity.</text> </level> <level label="g"> <text>“Hydrologic unit” means a drainage area within:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="h"> <text>“Hydrologic unit code” means a numerical identifier that describes a hydrologic unit’s physical location and position within the drainage system hierarchy.</text> </level> <level label="i"> <text>“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.</text> </level> <level label="j"> <text>“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.</text> </level> <level label="k"> <text>“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.</text> </level> <level label="l"> <text>“Mitigation banking” means wetland restoration, creation, or enhancement undertaken expressly for the purpose of providing compensation credits for wetland losses from future activities.</text> </level> <level label="m"> <level label="1"> <text>“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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>“Nontidal wetlands” do not include tidal wetlands regulated under Title 16 of this article.</text> </level> </level> <level label="n"> <level label="1"> <text>“Regulated activity” means any of the following activities in a nontidal wetland or within a 25 foot buffer of the nontidal wetland:</text> <level label="i"> <text>The removal, excavation, or dredging of soil, sand, gravel, minerals, organic matter, or materials of any kind;</text> </level> <level label="ii"> <text>The changing of existing drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics;</text> </level> <level label="iii"> <text>The disturbance of the water level or water table by drainage, impoundment, or other means;</text> </level> <level label="iv"> <text>The dumping, discharging of material, or filling with material, including the driving of piles and placing of obstructions;</text> </level> <level label="v"> <text>The grading or removal of material that would alter existing topography; and</text> </level> <level label="vi"> <text>The destruction or removal of plant life that would alter the character of a nontidal wetland.</text> </level> </level> <level label="2"> <text>“Regulated activity” does not include an agricultural activity or forestry activity as defined in this section.</text> </level> </level> <level label="o"> <text>“Service area” means the geographic area within which impacts can be mitigated at a specific mitigation bank, as designated in its instrument.</text> </level> <level label="p"> <text>“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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-902" title_number="5" title_name="Water Resources" subtitle_number="9" subtitle_name="Nontidal Wetlands"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>It is the intent of the General Assembly that:</text> <level label="1"> <text>Waters of the State be protected;</text> </level> <level label="2"> <text>Further degradation and losses of nontidal wetlands due to human activity be prevented wherever possible; and</text> </level> <level label="3"> <text>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.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-903" title_number="5" title_name="Water Resources" subtitle_number="9" subtitle_name="Nontidal Wetlands"> <level label="a"> <text>There is a statewide program within the Department for the conservation, regulation, enhancement, creation, monitoring, and wise use of nontidal wetlands.</text> </level> <level label="b"> <text>The Department shall:</text> <level label="1"> <text>Coordinate with other State agencies, federal agencies, other states, local governments, and interested persons in the regulation of nontidal wetlands;</text> </level> <level label="2"> <text>Assist local governments in undertaking nontidal wetland management planning, including mapping, technical assistance, and expediting the permit process;</text> </level> <level label="3"> <text>Develop certification programs to ensure uniform and professional standards for the identification, delineation, functional assessment, and mitigation of nontidal wetlands;</text> </level> <level label="4"> <text>Evaluate proposed activities on nontidal wetlands and grant or deny permits or other approvals of proposed activities;</text> </level> <level label="5"> <text>Conduct watershed studies and educational programs and disseminate information concerning the nontidal wetlands program;</text> </level> <level label="6"> <text>Prepare, adopt, and periodically revise guidance maps of nontidal wetlands;</text> </level> <level label="7"> <text>Adopt standards for planning, regulating, restoring, creating, and enhancing nontidal wetlands;</text> </level> <level label="8"> <text>Purchase, restore, and create nontidal wetlands; and</text> </level> <level label="9"> <text>Conduct periodic monitoring, cumulative impact assessment, and evaluation of activities authorized under this subtitle.</text> </level> </level> <level label="c"> <text>By December 31, 1989 the Department shall adopt final regulations necessary to administer this subtitle, in accordance with § 10-111(a) of the State Government Article.</text> </level> </section> <section article="gen" article_name="Environment" number="5-904" title_number="5" title_name="Water Resources" subtitle_number="9" subtitle_name="Nontidal Wetlands"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <level label="i"> <text>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.</text> </level> <level label="ii"> <text>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.</text> </level> </level> <level label="3"> <text>A delegation in accordance with this subsection:</text> <level label="i"> <text>May not be effective for more than 2 years; and</text> </level> <level label="ii"> <text>May be renewed by the Department for additional 2-year periods.</text> </level> </level> <level label="4"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-905" title_number="5" title_name="Water Resources" subtitle_number="9" subtitle_name="Nontidal Wetlands"> <level label="a"> <text>The following agricultural and forestry activities are exempt from the approval and mitigation requirements of this section:</text> <level label="1"> <text>Agricultural activities undertaken in accordance with public drainage regulations;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>Agricultural and forestry activities on areas that had been set aside or taken out of production under a formal State or federal program;</text> </level> <level label="5"> <text>Forestry activities not requiring an erosion and sediment control plan;</text> </level> <level label="6"> <text>Construction or maintenance of forest roads and skid trails in accordance with best management practices; and</text> </level> <level label="7"> <text>Other activities exempted by the Department by regulation to maintain consistency with federal law.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>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:</text> <level label="1"> <text>The economic hardship no longer exists;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>Agricultural activities no longer take place on the nontidal wetland.</text> </level> </level> <level label="d"> <text>The soil conservation district shall be responsible for delineating the extent of nontidal wetlands affected by agricultural or forestry activities.</text> </level> </section> <section article="gen" article_name="Environment" number="5-906" title_number="5" title_name="Water Resources" subtitle_number="9" subtitle_name="Nontidal Wetlands"> <level label="a"> <text>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:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>Activities in isolated nontidal wetlands of less than 1 acre and having no significant plant or wildlife value.</text> </level> </level> <level label="b"> <level label="1"> <text>After December 31, 1990 a person may not conduct a regulated activity without first obtaining a permit from the Department.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>After receipt of a complete application, under the procedures of § 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.</text> </level> <level label="f"> <text>In granting a permit, the Department may impose conditions or limitations required to carry out the provisions of this subtitle.</text> </level> <level label="g"> <text>The Department may require a bond or other instrument to secure compliance with the conditions in the permit.</text> </level> <level label="h"> <text>The Department may issue a temporary emergency permit for a regulated activity if:</text> <level label="1"> <text>An unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; and</text> </level> <level label="2"> <text>The anticipated threat or loss may occur before a permit can be issued or modified as provided under this subtitle.</text> </level> </level> <level label="i"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="j"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-907" title_number="5" title_name="Water Resources" subtitle_number="9" subtitle_name="Nontidal Wetlands"> <level label="a"> <text>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:</text> <level label="1"> <level label="i"> <text>Is water dependent and requires access to the nontidal wetland as a central element of its basic function; or</text> </level> <level label="ii"> <text>Is not water dependent and has no practicable alternative;</text> </level> </level> <level label="2"> <text>Will minimize alteration or impairment of the nontidal wetland, including existing topography, vegetation, fish and wildlife resources, and hydrological conditions;</text> </level> <level label="3"> <text>Will not cause or contribute to a degradation of groundwaters or surface waters; and</text> </level> <level label="4"> <text>Is consistent with any comprehensive management plan that may be developed in accordance with § 5–908 of this subtitle.</text> </level> </level> <level label="b"> <text>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:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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</text> </level> <level label="4"> <text>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.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-908" title_number="5" title_name="Water Resources" subtitle_number="9" subtitle_name="Nontidal Wetlands"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-909" title_number="5" title_name="Water Resources" subtitle_number="9" subtitle_name="Nontidal Wetlands"> <level label="a"> <text>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.</text> </level> <level label="b"> <level label="1"> <text>By December 31, 1989 the Department, consistent with the goals established in § 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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <level label="1"> <text>There is a Nontidal Wetland Compensation Fund in the Department.</text> </level> <level label="2"> <text>The following money shall be deposited in the Fund:</text> <level label="i"> <text>Any monetary compensation paid by an applicant instead of engaging in the creation, restoration, or enhancement of a nontidal wetland; and</text> </level> <level label="ii"> <text>Any civil or criminal penalty imposed by a court in accordance with § 5–911 of this subtitle.</text> </level> </level> <level label="3"> <text>Funds in the Nontidal Wetland Compensation Fund may be used only for the creation, restoration, or enhancement of nontidal wetlands, including:</text> <level label="i"> <text>Acquisition of land;</text> </level> <level label="ii"> <text>Acquisition of easements;</text> </level> <level label="iii"> <text>Maintenance of mitigation sites;</text> </level> <level label="iv"> <text>Purchase of credits in mitigation banks; and</text> </level> <level label="v"> <text>Contractual services necessary to accomplish the intent of this paragraph.</text> </level> </level> <level label="4"> <text>Funds credited and any interest accrued to the Fund:</text> <level label="i"> <text>Shall remain available until expended; and</text> </level> <level label="ii"> <text>May not be reverted to the General Fund under any other provision of law.</text> </level> </level> <level label="5"> <text>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 § 2–1257 of the State Government Article.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-910" title_number="5" title_name="Water Resources" subtitle_number="9" subtitle_name="Nontidal Wetlands"> <level label="a"> <text>The General Assembly declares that:</text> <level label="1"> <text>In the application review process, one of the primary mitigation issues is locating the most beneficial area to conduct wetland restoration, creation, or enhancement;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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</text> </level> <level label="4"> <text>Mitigation banking may not alter the regulatory requirements of § 5–907 of this subtitle.</text> </level> </level> <level label="b"> <text>The Department shall develop standards and adopt regulations for the creation of wetland mitigation banks, including:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>The types and number of credits available through the bank to offset losses by acreage and by function of a wetland to be filled;</text> </level> <level label="3"> <text>The method of wetland construction, supervision, and maintenance to be required of a bank owner seeking to obtain credit for use of the bank;</text> </level> <level label="4"> <text>Maintenance requirements;</text> </level> <level label="5"> <text>Monitoring requirements;</text> </level> <level label="6"> <text>Bonding requirements, to include assurance of wetland function;</text> </level> <level label="7"> <text>Reporting requirements to the Department;</text> </level> <level label="8"> <text>Consistency with developed watershed plans, forest conservation, local growth management policies, and local comprehensive plans;</text> </level> <level label="9"> <text>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</text> </level> <level label="10"> <text>Public notice and comment requirements, including opportunity for public review and comment on any specific wetland bank.</text> </level> </level> <level label="c"> <text>The standards and regulations adopted by the Department under this section shall ensure that:</text> <level label="1"> <text>The provisions of § 5–907 of this subtitle, including the avoidance, alternative analysis, and minimization of disturbance of nontidal wetlands, are fully adhered to;</text> </level> <level label="2"> <text>The goals of § 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;</text> </level> <level label="3"> <text>The potential for on–site mitigation is considered whenever it may be environmentally preferable;</text> </level> <level label="4"> <text>Mitigation through a mitigation bank shall be accomplished in service areas:</text> <level label="i"> <text>Determined by the Department in coordination with an interagency review team; and</text> </level> <level label="ii"> <text>That are consistent with federal guidelines; and</text> </level> </level> <level label="5"> <text>For purposes of item (4) this subsection, a service area:</text> <level label="i"> <text>Is the same 8 digit hydrologic unit code watershed in which the mitigation bank is located; and</text> </level> <level label="ii"> <text>May be expanded to include other 8 digit hydrologic unit code watersheds if environmentally justified.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>This section may not be construed to require the Department to:</text> <level label="i"> <text>Establish or fund State mitigation banks;</text> </level> <level label="ii"> <text>Fund the establishment of mitigation banking by the private sector; or</text> </level> <level label="iii"> <text>Use State lands for mitigation banking.</text> </level> </level> <level label="2"> <text>The Department may establish mitigation banking through and with the cooperation of the private sector and may use State lands for mitigation banking sites.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-911" title_number="5" title_name="Water Resources" subtitle_number="9" subtitle_name="Nontidal Wetlands"> <level label="a"> <level label="1"> <text>The enforcement provisions in this section are in addition to any other applicable provisions in this title.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The court may issue an injunction requiring the person to cease the violation and restore the area unlawfully disturbed.</text> </level> </level> <level label="e"> <level label="1"> <text>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:</text> <level label="i"> <text>For a first offense, a fine not exceeding $10,000; or</text> </level> <level label="ii"> <text>For a second or subsequent offense, a fine not exceeding $25,000.</text> </level> </level> <level label="2"> <text>The court may order the person to restore the area unlawfully disturbed.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-1001" title_number="5" title_name="Water Resources" subtitle_number="10" subtitle_name="Used Oil Recycling"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“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.</text> </level> <level label="3"> <text>“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.</text> </level> </level> <level label="b"> <text>This section shall be known and may be cited as the Maryland Used Oil Recycling Act.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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:</text> <level label="1"> <text>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:</text> <level label="i"> <text>The importance of proper collection and disposal of used oil; and</text> </level> <level label="ii"> <text>The locations and hours of operation of government operated used oil collection facilities in the surrounding area;</text> </level> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>Encourage the establishment of used oil collection and recycling programs and provide technical assistance to persons organizing these programs; and</text> </level> <level label="5"> <text>Encourage the use of labeling for oil containers to inform the user of the importance of proper collection and disposal of used oil.</text> </level> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>The provisions of this subsection do not include:</text> <level label="i"> <text>The application of used oil to roads for maintenance purposes as authorized by law;</text> </level> <level label="ii"> <text>The use of used oil as a fuel; or</text> </level> <level label="iii"> <text>The use of used or recycled oil for maintenance or lubrication of agricultural equipment.</text> </level> </level> </level> <level label="g"> <text>Subject to § 2–1257 of the State Government Article, the Department shall prepare and submit an annual report to the General Assembly that:</text> <level label="1"> <text>Summarizes information on used oil collection and recycling;</text> </level> <level label="2"> <text>Analyzes the effectiveness of this subtitle’s provisions and their implementation; and</text> </level> <level label="3"> <text>Makes recommendations for any necessary changes in the provisions or their administration.</text> </level> </level> <level label="h"> <level label="1"> <text>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 § 383(d)(1)(A) of the federal Energy Policy and Conservation Act. Otherwise, the product must be represented as made from previously used oil.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="i"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-10A-01" title_number="5" title_name="Water Resources" subtitle_number="10A" subtitle_name="Junkyards and Related Facilities"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Automobile graveyard” has the meaning stated in § 8-801 of the Transportation Article.</text> </level> <level label="c"> <text>“Automotive dismantler and recycler facility” has the meaning stated in § 8-801 of the Transportation Article.</text> </level> <level label="d"> <text>“Junkyard” has the meaning stated in § 8-801 of the Transportation Article.</text> </level> <level label="e"> <text>“Scrap metal processing facility” has the meaning stated in § 8-801 of the Transportation Article.</text> </level> </section> <section article="gen" article_name="Environment" number="5-10A-02" title_number="5" title_name="Water Resources" subtitle_number="10A" subtitle_name="Junkyards and Related Facilities"> <level label="a"> <text>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:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>Comply with the standards and specifications of the Administration relating to:</text> <level label="i"> <text>The erection of retaining walls; or</text> </level> <level label="ii"> <text>The use of devices or procedures to restrain the dumping, depositing, or transporting of this matter into the waters of the State.</text> </level> </level> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-10A-03" title_number="5" title_name="Water Resources" subtitle_number="10A" subtitle_name="Junkyards and Related Facilities"> <text>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 § 5-10A-02 of this subtitle.</text> </section> <section article="gen" article_name="Environment" number="5-1101" future_version_removed="true" title_number="5" title_name="Water Resources" subtitle_number="11" subtitle_name="Chesapeake Bay and Tributaries"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> <level label="1"> <text>“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.</text> </level> <level label="2"> <text>“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.</text> </level> <level label="3"> <text>“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:</text> <level label="i"> <text>The restoration of underwater grasses;</text> </level> <level label="ii"> <text>The restoration of islands;</text> </level> <level label="iii"> <text>The stabilization of eroding shorelines;</text> </level> <level label="iv"> <text>The creation or restoration of wetlands; and</text> </level> <level label="v"> <text>The creation, restoration, or enhancement of fish or shellfish habitats.</text> </level> </level> <level label="4"> <text>“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.</text> </level> <level label="5"> <text>“Deep trough” means any region that:</text> <level label="i"> <text>Is south of the Chesapeake Bay Bridge and north of a line extending westerly from Bloody Point; and</text> </level> <level label="ii"> <text>Has a depth that exceeds 60 feet.</text> </level> </level> <level label="6"> <text>“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.</text> </level> <level label="7"> <text>“Innovative reuse” includes the use of dredged material in the development or manufacturing of commercial, industrial, horticultural, agricultural, or other products.</text> </level> <level label="8"> <text>“Redeposit” means to dump, scatter, pour, or otherwise deposit dredged material.</text> </level> <level label="9"> <level label="i"> <text>“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.</text> </level> <level label="ii"> <text>“Sewage sludge” includes raw untreated sewage disposed from the Back River Sewage Treatment Plant.</text> </level> </level> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-1102" future_version_removed="true" title_number="5" title_name="Water Resources" subtitle_number="11" subtitle_name="Chesapeake Bay and Tributaries"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The dredged material may be redeposited in contained areas approved by the Department.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The dredged material may be redeposited in contained areas approved by the Department.</text> </level> </level> <level label="d"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The redeposit of dredged material authorized under this subsection may not occur after the sooner of:</text> <level label="i"> <text>December 31, 2010; or</text> </level> <level label="ii"> <text>The initiation of the placement of dredged material in any site or sites approved pursuant to the process established in § 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.</text> </level> </level> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-1102.1" title_number="5" title_name="Water Resources" subtitle_number="11" subtitle_name="Chesapeake Bay and Tributaries"> <level label="a"> <level label="1"> <text>The Governor shall appoint a Cox Creek Citizens Oversight Committee.</text> </level> <level label="2"> <text>The terms of the members of the Oversight Committee shall be determined by the Governor.</text> </level> </level> <level label="b"> <text>The Oversight Committee shall be composed of the following members:</text> <level label="1"> <text>1 member of the land trust that holds the conservation easement of the Cox Creek Forest Conservation Easement Area;</text> </level> <level label="2"> <text>1 delegate to the Greater Pasadena Council who represents a waterfront community;</text> </level> <level label="3"> <text>1 member of the Pasadena Sport Fishermen’s Group;</text> </level> <level label="4"> <text>1 individual who represents recreational birding in Anne Arundel County;</text> </level> <level label="5"> <text>1 individual who represents the pleasure boating industry in Anne Arundel County;</text> </level> <level label="6"> <text>1 member of the Pasadena Business Association;</text> </level> <level label="7"> <text>1 member of the Restore Rock Creek organization;</text> </level> <level label="8"> <text>1 member of the Baltimore Industrial Group;</text> </level> <level label="9"> <text>2 individuals who represent a waterfront community in the northern part of Anne Arundel County;</text> </level> <level label="10"> <text>1 resident of legislative district 31; and</text> </level> <level label="11"> <text>1 resident of legislative district 46.</text> </level> </level> <level label="c"> <text>The Oversight Committee shall:</text> <level label="1"> <text>Monitor the management of dredged material at the Cox Creek Dredged Material Containment Facility;</text> </level> <level label="2"> <level label="i"> <text>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;</text> </level> <level label="ii"> <text>Provide input and feedback to the Maryland Port Administration regarding the management of dredged material at the Cox Creek Dredged Material Containment Facility; and</text> </level> <level label="iii"> <text>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</text> </level> </level> <level label="3"> <text>Appoint a member from the Committee to serve as a liaison to the Innovative Reuse Committee.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-1103" title_number="5" title_name="Water Resources" subtitle_number="11" subtitle_name="Chesapeake Bay and Tributaries"> <level label="a"> <text>In this section, “large redevelopment site” has the meaning stated in § 4–101.1 of this article.</text> </level> <level label="b"> <level label="1"> <text>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:</text> <level label="i"> <text>Dredge spoil from local dredging projects initiated by Baltimore County in the waters of Baltimore County; or</text> </level> <level label="ii"> <text>Contained areas for the redeposit of dredged material at a large redevelopment site.</text> </level> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <level label="i"> <text>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:</text> <level label="1"> <text>The maximum height of dredge spoil deposited in the Hart–Miller Island Dredged Material Containment Facility reaches:</text> </level> <level label="A"> <text>44 feet above the mean low water mark in the north cell; and</text> </level> <level label="B"> <text>28 feet above the mean low water mark in the south cell; or</text> </level> <level label="2"> <text>January 1, 2010.</text> </level> </level> <level label="ii"> <text>New dredge spoil dredged from a channel may not be deposited in the south cell.</text> </level> <level label="iii"> <text>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:</text> <level label="1"> <text>The dredged material is from a location within 1 mile of the shoreline of a large redevelopment site; and</text> </level> <level label="2"> <text>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:</text> </level> <level label="A"> <text>At the request of the County Executive of Baltimore County, was presented to and approved by the County Council of Baltimore County; and</text> </level> <level label="B"> <text>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.</text> </level> </level> </level> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="d"> <text>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:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>Be in addition to the payments required by the community benefits agreement under subsection (b)(3)(iii)2 of this section.</text> </level> </level> <level label="e"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-1104" title_number="5" title_name="Water Resources" subtitle_number="11" subtitle_name="Chesapeake Bay and Tributaries"> <level label="a"> <level label="1"> <text>With the advice and consent of the Senate, the Governor shall appoint a Hart-Miller-Pleasure Island Citizens Oversight Committee.</text> </level> <level label="2"> <text>The terms and qualifications of members of the Oversight Committee shall be determined by the Governor.</text> </level> </level> <level label="b"> <text>The Oversight Committee shall be composed of the following members:</text> <level label="1"> <text>The Secretary, or the Secretary’s designee;</text> </level> <level label="2"> <text>One individual from the North Point Peninsula Community Coordinating Council;</text> </level> <level label="3"> <text>One individual from the Essex Middle River Civic Council, Inc.;</text> </level> <level label="4"> <text>Two interested citizens, one of whom shall reside in the sixth legislative district, and one of whom shall reside in the seventh legislative district;</text> </level> <level label="5"> <text>One individual from the Baltimore County Watermen’s Association;</text> </level> <level label="6"> <text>One individual who represents the pleasure boating industry in Baltimore County;</text> </level> <level label="7"> <text>One individual who represents the sport fishing or crabbing industry in Baltimore County; and</text> </level> <level label="8"> <text>One individual from the recreational birding community in Baltimore County.</text> </level> </level> <level label="c"> <text>The Oversight Committee shall:</text> <level label="1"> <text>Monitor and provide oversight regarding:</text> <level label="i"> <text>The future development, use, and maintenance of the Hart–Miller–Pleasure Island chain;</text> </level> <level label="ii"> <text>The water quality immediately surrounding the islands;</text> </level> <level label="iii"> <text>The redeposit of dredged material at the Hart–Miller Island Dredged Material Containment Facility; and</text> </level> <level label="iv"> <text>Any community benefits agreements entered into in accordance with § 5–1103(b)(3)(iii)2 of this subtitle; and</text> </level> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-1104.1" title_number="5" title_name="Water Resources" subtitle_number="11" subtitle_name="Chesapeake Bay and Tributaries"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Governor shall determine the terms and qualifications of members of the Oversight Committee.</text> </level> </level> <level label="b"> <text>The Oversight Committee shall be composed of the following members:</text> <level label="1"> <text>The Secretary of the State Department of Natural Resources or the Secretary’s designee;</text> </level> <level label="2"> <text>Two representatives of the Kent Island Civic Confederation;</text> </level> <level label="3"> <text>Two citizens from the 4th election district;</text> </level> <level label="4"> <text>One representative of the Maryland Watermen’s Association;</text> </level> <level label="5"> <text>One representative of the Queen Anne’s County Watermen’s Association;</text> </level> <level label="6"> <text>One representative of the pleasure boating industry;</text> </level> <level label="7"> <text>One representative of the sport boating industry;</text> </level> <level label="8"> <text>One representative from the Maryland Port Administration;</text> </level> <level label="9"> <text>One member of the Board of County Commissioners of Queen Anne’s County or the Board’s designee; and</text> </level> <level label="10"> <text>One member of the Queen Anne’s County Delegation or the Delegation’s designee.</text> </level> </level> <level label="c"> <text>The Oversight Committee shall:</text> <level label="1"> <text>Consult with the Maryland Port Administration regarding the redeposit of dredge spoils off the shores of Kent Island, Queen Anne’s County;</text> </level> <level label="2"> <text>Monitor the redeposit of dredge spoils off the shores of Kent Island; and</text> </level> <level label="3"> <text>Hear and respond to complaints lodged by any person affected by the redeposit of dredge spoils in the waters off Kent Island.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-1104.2" title_number="5" title_name="Water Resources" subtitle_number="11" subtitle_name="Chesapeake Bay and Tributaries"> <level label="a"> <text>There is an Executive Committee created to provide oversight in the development of the State of Maryland’s plans for dredged material management.</text> </level> <level label="b"> <level label="1"> <text>The Executive Committee shall consist of:</text> <level label="i"> <text>The Secretary of Transportation, or the Secretary’s designee;</text> </level> <level label="ii"> <text>The Secretary of Natural Resources, or the Secretary’s designee;</text> </level> <level label="iii"> <text>The Secretary of the Environment, or the Secretary’s designee;</text> </level> <level label="iv"> <text>A representative of the Chesapeake Bay Foundation, designated by the Chesapeake Bay Foundation;</text> </level> <level label="v"> <text>A representative of the Management Committee of the Dredged Material Placement Program; and</text> </level> <level label="vi"> <text>A citizen representative, appointed by the Governor.</text> </level> </level> <level label="2"> <text>The Governor shall invite the following people to serve as members of the Executive Committee:</text> <level label="i"> <text>A representative of the Army Corps of Engineers, Philadelphia District; and</text> </level> <level label="ii"> <text>A representative of the Army Corps of Engineers, Baltimore District.</text> </level> </level> </level> <level label="c"> <text>The Executive Committee shall meet as needed, but not less than semiannually.</text> </level> <level label="d"> <text>The Executive Committee shall:</text> <level label="1"> <text>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 § 5–1102(d)(2)(ii) of this subtitle;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>Review and recommend to the Governor dredged material disposal sites for long–term dredged material placement capacity based on the following hierarchy:</text> <level label="i"> <text>Beneficial use and innovative reuse of dredged material;</text> </level> <level label="ii"> <text>Upland sites and other environmentally sound confined capacity;</text> </level> <level label="iii"> <text>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</text> </level> <level label="iv"> <text>Other dredged material placement options to meet long–term placement needs, except for redepositing dredged material in an unconfined manner.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="5-1105" title_number="5" title_name="Water Resources" subtitle_number="11" subtitle_name="Chesapeake Bay and Tributaries"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-1106" title_number="5" title_name="Water Resources" subtitle_number="11" subtitle_name="Chesapeake Bay and Tributaries"> <text>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 § 5-1102 of this subtitle anywhere in the area of the Chesapeake Bay and the tidewater portions of the Chesapeake Bay’s tributaries.</text> </section> <section article="gen" article_name="Environment" number="5-1107" title_number="5" title_name="Water Resources" subtitle_number="11" subtitle_name="Chesapeake Bay and Tributaries"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-1201" title_number="5" title_name="Water Resources" subtitle_number="12" subtitle_name="Herring Run Public Watershed Association"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Commission” means the Herring Run Public Watershed Association Commission.</text> </level> <level label="c"> <level label="1"> <text>“Herring Run Watershed” means the land and water area from which all water drains, directly or indirectly, to and from the Herring Run.</text> </level> <level label="2"> <text>“Herring Run Watershed” includes Herring Run, West Herring Run, Chinquapin Run, Moores Run, and Armistead Creek.</text> </level> </level> <level label="d"> <text>“Watershed” means the Herring Run Watershed.</text> </level> </section> <section article="gen" article_name="Environment" number="5-1202" title_number="5" title_name="Water Resources" subtitle_number="12" subtitle_name="Herring Run Public Watershed Association"> <level label="a"> <text>There is a Herring Run Public Watershed Association.</text> </level> <level label="b"> <text>The Association is composed of:</text> <level label="1"> <text>The State;</text> </level> <level label="2"> <text>Baltimore City; and</text> </level> <level label="3"> <text>Baltimore County.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-1203" title_number="5" title_name="Water Resources" subtitle_number="12" subtitle_name="Herring Run Public Watershed Association"> <level label="a"> <text>There is a Herring Run Public Watershed Association Commission.</text> </level> <level label="b"> <text>The Commission is composed of:</text> <level label="1"> <text>The Secretary of Natural Resources or the Secretary’s designee;</text> </level> <level label="2"> <text>The Secretary of the Environment or the Secretary’s designee;</text> </level> <level label="3"> <text>The Secretary of Planning or the Secretary’s designee;</text> </level> <level label="4"> <text>2 members from Baltimore City selected by the Mayor of Baltimore City;</text> </level> <level label="5"> <text>2 members from Baltimore County selected by the County Executive of Baltimore County; and</text> </level> <level label="6"> <text>2 members selected by the Baltimore Regional Planning Council.</text> </level> </level> <level label="c"> <text>Of the 6 county and city members, there shall be at least:</text> <level label="1"> <text>1 member of the county or city legislative body; and</text> </level> <level label="2"> <text>1 member of the General Assembly of Maryland.</text> </level> </level> <level label="d"> <text>The Commission shall appoint an advisory committee composed of interested citizens and determine the number, terms, and qualifications of the Commission’s members.</text> </level> </section> <section article="gen" article_name="Environment" number="5-1204" title_number="5" title_name="Water Resources" subtitle_number="12" subtitle_name="Herring Run Public Watershed Association"> <level label="a"> <text>The chairman of the Commission shall be selected from the members of the county and city by a majority vote of the entire Commission.</text> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>A quorum consists of 5 members.</text> </level> <level label="3"> <text>A majority vote of the full Commission is necessary to approve any action.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="5-1205" title_number="5" title_name="Water Resources" subtitle_number="12" subtitle_name="Herring Run Public Watershed Association"> <level label="a"> <text>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. § 1288 (Section 2 of the federal Water Pollution Control Act amendments of 1972).</text> </level> <level label="b"> <text>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:</text> <level label="1"> <text>Flood damage reduction;</text> </level> <level label="2"> <text>Water quality improvements;</text> </level> <level label="3"> <text>Municipal and industrial water supplies;</text> </level> <level label="4"> <text>Recreation, fish, wildlife, and esthetic improvement; and</text> </level> <level label="5"> <text>Soil conservation and watershed and forested land management.</text> </level> </level> <level label="c"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-1206" title_number="5" title_name="Water Resources" subtitle_number="12" subtitle_name="Herring Run Public Watershed Association"> <text>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.</text> </section> <section article="gen" article_name="Environment" number="5-1301" title_number="5" title_name="Water Resources" subtitle_number="13" subtitle_name="Penalty and Fines; Prosecution"> <level label="a"> <text>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 § 7-503 of the Courts Article.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> </section> <section article="gen" article_name="Environment" number="5-1302" title_number="5" title_name="Water Resources" subtitle_number="13" subtitle_name="Penalty and Fines; Prosecution"> <text>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.</text> </section>