# COMAR Title 11 — Department of Transportation

## Subtitle 05 — Maryland Port Administration

### Chapter 06 — Deposit of Dredged Materials on Administration Property

**Authority:** Transportation Article, §6-204, Annotated Code of Maryland

**Administrative History:** Effective date: June 7, 1982 (9:11 Md. R. 1128)

**Administrative History:** Regulation .02 amended effective April 6, 2009 (36:7 Md. R. 525)

**Administrative History:** Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)

**Administrative History:** Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)

**Administrative History:** Regulation .04 amended effective April 6, 2009 (36:7 Md. R. 525)

**Administrative History:** Regulation .04A amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)

**Administrative History:** Regulation .04D adopted effective October 15, 1990 (17:20 Md. R. 2429)

**Administrative History:** Regulation .05 amended effective August 27, 1984 (11:17 Md. R. 1492);

**Administrative History:** October 15, 1990 (17:20 Md. R. 2429); April 6, 2009 (36:7 Md. R. 525)

**Administrative History:** Regulation .06 amended effective July 3, 1995 (22:13 Md. R. 968); April 6, 2009 (36:7 Md. R. 525)

#### Regulation .01 Scope.

*COMAR 11.05.06.01*

These regulations govern the deposit by any person of dredged material on property owned, leased, or operated by the Maryland Port Administration.

#### Regulation .02 Intent.

*COMAR 11.05.06.02*

These regulations are intended to enable the Maryland Port Administration to enhance the flow of international and interstate commerce through the Port of Baltimore by making available certain portions of its property for use, to the extent available, as containment sites for dredged material generated by maritime businesses located in and around the Port of Baltimore.

#### Regulation .03 Definitions.

*COMAR 11.05.06.03*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Dredged material” means material excavated or dredged from the waters of the State.

  (2) “Facility” means a containment structure intended for the confinement of dredged material, located on property owned, leased, or operated by the MPA.

  (3) “MPA” means the Maryland Port Administration.

  (4) “Person” means:

    (a) An individual or a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, or association;

    (b) Two or more persons having a joint or common interest; or

    (c) Any other legal or commercial entity.

  (5) “Port of Baltimore” means the Patapsco River and its tributaries lying west of a line extending from Rock Point in Anne Arundel County to North Point in Baltimore County.

#### Regulation .04 Deposit of Dredged Material.

*COMAR 11.05.06.04*

A. As a condition of and before depositing dredged material in a facility, a person shall:

  (1) Obtain, at the person's own cost and expense, and keep in force until depositing is completed, all permits and certifications necessary for dredging or deposit of dredged material;

  (2) Submit to the Deputy Director for Harbor Development for approval plans and specifications detailing the proposed construction or depositing to be performed, with those plans and specifications containing, at a minimum:

    (a) The quantity of material to be deposited;

    (b) The method of delivery of the material;

    (c) The method of depositing and spreading the material;

    (d) Any dike construction, reconstruction, or sloping made necessary by the depositing;

    (e) Any seeding or mulching of the dike, if necessary; and

    (f) Any other information reasonably required by the Deputy Director for Harbor Development to evaluate the proposed construction or depositing;

  (3) Submit to the Deputy Director for Harbor Development a complete chemical and physical analysis of the material to be deposited in the facility;

  (4) Submit to the Deputy Director for Harbor Development an accounting system capable of calculating, in a manner satisfactory to the MPA, the quantity of dredged material being deposited;

  (5) Execute an agreement in a form satisfactory to the MPA.

B. Material containing any substance in sufficient concentration to be designated as hazardous by applicable federal, State, or local law or regulation may not be deposited in a facility.

C. The MPA shall inspect, monitor, and approve or disapprove the methods of disposal of dredged material in a facility.

D. Final acceptance of dredged material going into a facility is at the sole discretion of the MPA.

#### Regulation .05 Fee.

*COMAR 11.05.06.05*

The fee for depositing dredged material in a facility shall be a reasonable fee, to be determined by, and in the sole discretion of, the MPA, of not less than $2 per cubic yard. If the fee is in the form of an exchange of property, goods, or services, or all of these, it requires the approval of the Maryland Port Commission.

#### Regulation .06 Exceptions.

*COMAR 11.05.06.06*

The fee requirements as set forth in Regulation .05 of this chapter do not apply to the MPA or its contractors or subcontractors, or other agencies of the State.