In this subtitle the following words have the meanings indicated. “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. “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. “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: The restoration of underwater grasses; The restoration of islands; The stabilization of eroding shorelines; The creation or restoration of wetlands; and The creation, restoration, or enhancement of fish or shellfish habitats. “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. “Deep trough” means any region that: Is south of the Chesapeake Bay Bridge and north of a line extending westerly from Bloody Point; and Has a depth that exceeds 60 feet. “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. “Innovative reuse” includes the use of dredged material in the development or manufacturing of commercial, industrial, horticultural, agricultural, or other products. “Redeposit” means to dump, scatter, pour, or otherwise deposit dredged material. “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. “Sewage sludge” includes raw untreated sewage disposed from the Back River Sewage Treatment Plant. 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.

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. The dredged material may be redeposited in contained areas approved by the Department. 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. 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. The dredged material may be redeposited in contained areas approved by the Department. 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. The redeposit of dredged material authorized under this subsection may not occur after the sooner of: December 31, 2010; or 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. 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. 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. 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. 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.

The Governor shall appoint a Cox Creek Citizens Oversight Committee. The terms of the members of the Oversight Committee shall be determined by the Governor. The Oversight Committee shall be composed of the following members: 1 member of the land trust that holds the conservation easement of the Cox Creek Forest Conservation Easement Area; 1 delegate to the Greater Pasadena Council who represents a waterfront community; 1 member of the Pasadena Sport Fishermen’s Group; 1 individual who represents recreational birding in Anne Arundel County; 1 individual who represents the pleasure boating industry in Anne Arundel County; 1 member of the Pasadena Business Association; 1 member of the Restore Rock Creek organization; 1 member of the Baltimore Industrial Group; 2 individuals who represent a waterfront community in the northern part of Anne Arundel County; 1 resident of legislative district 31; and 1 resident of legislative district 46. The Oversight Committee shall: Monitor the management of dredged material at the Cox Creek Dredged Material Containment Facility; 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; Provide input and feedback to the Maryland Port Administration regarding the management of dredged material at the Cox Creek Dredged Material Containment Facility; and 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 Appoint a member from the Committee to serve as a liaison to the Innovative Reuse Committee.

In this section, “large redevelopment site” has the meaning stated in § 4–101.1 of this article. 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: Dredge spoil from local dredging projects initiated by Baltimore County in the waters of Baltimore County; or Contained areas for the redeposit of dredged material at a large redevelopment site. 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. 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: The maximum height of dredge spoil deposited in the Hart–Miller Island Dredged Material Containment Facility reaches: 44 feet above the mean low water mark in the north cell; and 28 feet above the mean low water mark in the south cell; or January 1, 2010. New dredge spoil dredged from a channel may not be deposited in the south cell. 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: The dredged material is from a location within 1 mile of the shoreline of a large redevelopment site; and 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: At the request of the County Executive of Baltimore County, was presented to and approved by the County Council of Baltimore County; and 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. 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. 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. 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. 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: 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 Be in addition to the payments required by the community benefits agreement under subsection (b)(3)(iii)2 of this section. 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.

With the advice and consent of the Senate, the Governor shall appoint a Hart-Miller-Pleasure Island Citizens Oversight Committee. The terms and qualifications of members of the Oversight Committee shall be determined by the Governor. The Oversight Committee shall be composed of the following members: The Secretary, or the Secretary’s designee; One individual from the North Point Peninsula Community Coordinating Council; One individual from the Essex Middle River Civic Council, Inc.; Two interested citizens, one of whom shall reside in the sixth legislative district, and one of whom shall reside in the seventh legislative district; One individual from the Baltimore County Watermen’s Association; One individual who represents the pleasure boating industry in Baltimore County; One individual who represents the sport fishing or crabbing industry in Baltimore County; and One individual from the recreational birding community in Baltimore County. The Oversight Committee shall: Monitor and provide oversight regarding: The future development, use, and maintenance of the Hart–Miller–Pleasure Island chain; The water quality immediately surrounding the islands; The redeposit of dredged material at the Hart–Miller Island Dredged Material Containment Facility; and Any community benefits agreements entered into in accordance with § 5–1103(b)(3)(iii)2 of this subtitle; and 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.

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. The Governor shall determine the terms and qualifications of members of the Oversight Committee. The Oversight Committee shall be composed of the following members: The Secretary of the State Department of Natural Resources or the Secretary’s designee; Two representatives of the Kent Island Civic Confederation; Two citizens from the 4th election district; One representative of the Maryland Watermen’s Association; One representative of the Queen Anne’s County Watermen’s Association; One representative of the pleasure boating industry; One representative of the sport boating industry; One representative from the Maryland Port Administration; One member of the Board of County Commissioners of Queen Anne’s County or the Board’s designee; and One member of the Queen Anne’s County Delegation or the Delegation’s designee. The Oversight Committee shall: Consult with the Maryland Port Administration regarding the redeposit of dredge spoils off the shores of Kent Island, Queen Anne’s County; Monitor the redeposit of dredge spoils off the shores of Kent Island; and Hear and respond to complaints lodged by any person affected by the redeposit of dredge spoils in the waters off Kent Island.

There is an Executive Committee created to provide oversight in the development of the State of Maryland’s plans for dredged material management. The Executive Committee shall consist of: The Secretary of Transportation, or the Secretary’s designee; The Secretary of Natural Resources, or the Secretary’s designee; The Secretary of the Environment, or the Secretary’s designee; A representative of the Chesapeake Bay Foundation, designated by the Chesapeake Bay Foundation; A representative of the Management Committee of the Dredged Material Placement Program; and A citizen representative, appointed by the Governor. The Governor shall invite the following people to serve as members of the Executive Committee: A representative of the Army Corps of Engineers, Philadelphia District; and A representative of the Army Corps of Engineers, Baltimore District. The Executive Committee shall meet as needed, but not less than semiannually. The Executive Committee shall: 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; 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 Review and recommend to the Governor dredged material disposal sites for long–term dredged material placement capacity based on the following hierarchy: Beneficial use and innovative reuse of dredged material; Upland sites and other environmentally sound confined capacity; 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 Other dredged material placement options to meet long–term placement needs, except for redepositing dredged material in an unconfined manner.

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.

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.