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2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 8 - Flood Control and Watershed Management › Section 5-804 - Duties of Department

(a)    The Department shall assure that State construction projects and State-assisted construction projects meet the requirements of this subtitle.
(b)    The Department shall evaluate the effects of changes in the character of the watersheds. In order to assist the Department, the subdivisions shall provide the Department with information on local development, changes in land use, and other physical changes. The Department is the depository for all flood-related data and activities with regard to the provisions of § 5-803 of this subtitle.
(c)    The Department periodically shall review the maps of flood hazard areas and local activities undertaken pursuant to this subtitle to determine whether its provisions are being adhered to.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 8 - Flood Control and Watershed Management › Section 5-805 - Enforcement of Subtitle

(a)    Each subdivision shall take measures to enforce the provisions of this subtitle within its jurisdiction, including the enactment of a local law prescribing a civil penalty in the form of a fine not exceeding $500 for each day of violation of any local law the subdivision enacts to implement this subtitle. The local law shall provide that each day upon which a violation occurs or continues constitutes a separate offense. The local law shall provide that the total civil penalty may not exceed $10,000.
(b)    If a subdivision fails to enforce any provision of this subtitle, including any ordinance or local law the subdivision enacts pursuant to this subtitle, or if the subdivision does not possess the authority to correct a violation of this subtitle, the Department may request the Attorney General to take appropriate legal action to correct the violation.
(c)    A court exercising equity jurisdiction in the county where the land or any part of the land or water covered by this subtitle is located may restrain any violation of this subtitle, or order the abatement of a condition resulting from any violation and order the restoration of lands and waters to the condition existing prior to the violation, in an action brought by a subdivision affected by the violation, by the Department, by any authorized unit or officer of the Department, or by the Attorney General.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 9 - Nontidal Wetlands › Section 5-902 - Legislative Findings and Intent; Goal of Statewide Program

(a)    The General Assembly finds that nontidal wetlands play important roles in the preservation and protection of the Chesapeake Bay and other waters of the State. Nontidal wetlands serve important roles through the reduction of pollutant loadings, including excess nutrients, sediment, and toxics, the attenuation of floodwaters and stormwaters, shoreline stabilization and erosion control, waterfowl breeding and habitat for many species of fish, game and nongame birds, and mammals, including rare and endangered species, food chain support, and timber production. Many nontidal wetlands have already been lost or degraded due to the combined effects of population growth and land use. Further degradation and losses of nontidal wetlands will contribute to the decline of the Chesapeake Bay and other waters of the State.
(b)    It is the intent of the General Assembly to protect the waters of the State through a comprehensive, statewide nontidal wetland program in cooperation with federal agencies, other states, and local government. The goal of the program shall be to attain no net overall loss in nontidal wetland acreage and function and to strive for a net resource gain in nontidal wetlands over present conditions.
(c)    It is the intent of the General Assembly that:
(1)    Waters of the State be protected;
(2)    Further degradation and losses of nontidal wetlands due to human activity be prevented wherever possible; and
(3)    Where unavoidable losses or degradations occur as a result of permitted human activity, these losses or degradations be offset wherever practicable and feasible through the deliberate restoration or creation of nontidal wetlands.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 9 - Nontidal Wetlands › Section 5-903 - Statewide Program Established; Application of Subtitle; Department's Duties; Regulations

(a)    There is a statewide program within the Department for the conservation, regulation, enhancement, creation, monitoring, and wise use of nontidal wetlands.
(b)    The Department shall:
(1)    Coordinate with other State agencies, federal agencies, other states, local governments, and interested persons in the regulation of nontidal wetlands;
(2)    Assist local governments in undertaking nontidal wetland management planning, including mapping, technical assistance, and expediting the permit process;
(3)    Develop certification programs to ensure uniform and professional standards for the identification, delineation, functional assessment, and mitigation of nontidal wetlands;
(4)    Evaluate proposed activities on nontidal wetlands and grant or deny permits or other approvals of proposed activities;
(5)    Conduct watershed studies and educational programs and disseminate information concerning the nontidal wetlands program;
(6)    Prepare, adopt, and periodically revise guidance maps of nontidal wetlands;
(7)    Adopt standards for planning, regulating, restoring, creating, and enhancing nontidal wetlands;
(8)    Purchase, restore, and create nontidal wetlands; and
(9)    Conduct periodic monitoring, cumulative impact assessment, and evaluation of activities authorized under this subtitle.
(c)    By December 31, 1989 the Department shall adopt final regulations necessary to administer this subtitle, in accordance with § 10-111(a) of the State Government Article.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 9 - Nontidal Wetlands › Section 5-904 - Delegation of Department's Authority; Regulated Activity by Unit of State Government

(a)    (1)    The Department may delegate all or part of its authority under this subtitle to any county that enacts a nontidal wetland protection program by December 31, 1994 that meets at least the minimum standards adopted by the Department.
(2)    (i)    After December 31, 1994, the Department may delegate all or part of its authority under this subtitle to a county that applies to the Department to initiate a nontidal wetland protection program and meets at least the minimum standards adopted by the Department.
(ii)    The Department shall establish a schedule for acceptance of applications from counties to initiate programs under this paragraph that provides a limited period of time once every 2 years for counties to submit their applications to the Department.
(3)    A delegation in accordance with this subsection:
(i)    May not be effective for more than 2 years; and
(ii)    May be renewed by the Department for additional 2-year periods.
(4)    After an opportunity for a hearing and upon a finding that the county program is not being administered in a manner consistent with the standards adopted by the Department, the Department may withdraw program delegation.
(b)    Any regulated activity undertaken by a unit of State government shall comply with the provisions of this subtitle, including the provisions of this subtitle requiring the issuance of a nontidal wetland permit by the Department. The unit is not required to have local government approval.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 9 - Nontidal Wetlands › Section 5-907 - Preconditions to Grant of Permits

(a)    The Department may not issue a nontidal wetland permit for a regulated activity unless the Department finds that the applicant has demonstrated that the regulated activity:
(1)    (i)    Is water dependent and requires access to the nontidal wetland as a central element of its basic function; or
(ii)    Is not water dependent and has no practicable alternative;
(2)    Will minimize alteration or impairment of the nontidal wetland, including existing topography, vegetation, fish and wildlife resources, and hydrological conditions;
(3)    Will not cause or contribute to a degradation of groundwaters or surface waters; and
(4)    Is consistent with any comprehensive management plan that may be developed in accordance with § 5–908 of this subtitle.
(b)    The applicant shall demonstrate to the satisfaction of the Department that practicable alternatives have been analyzed and that the regulated activity has no practicable alternative. In evaluating whether the proposed regulated activity has a practicable alternative, the Department shall consider:
(1)    Whether the basic project purpose cannot be reasonably accomplished utilizing one or more other sites in the same general area that would avoid or result in less adverse impact on nontidal wetlands;
(2)    Whether a reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs that would result in less adverse impact on the nontidal wetland would not accomplish the basic purpose of the project;
(3)    In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as inadequate zoning, infrastructure, or parcel size, whether the applicant has made reasonable attempts to remove or accommodate these constraints; and
(4)    The economic value of the proposed regulated activity in meeting a demonstrated public need in the area and the ecological and economic value associated with the nontidal wetland.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 9 - Nontidal Wetlands › Section 5-908 - Watershed Management Plans

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.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 9 - Nontidal Wetlands › Section 5-909 - Mitigation of Losses; Nontidal Wetland Compensation Fund

(a)    An applicant shall take all necessary steps to first avoid significant impairment and then minimize losses of nontidal wetlands. If the applicant demonstrates to the Department’s satisfaction that all necessary steps were taken and losses or significant impairment of nontidal wetlands are unavoidable, the Department shall require the applicant to adopt mitigation practices.
(b)    (1)    By December 31, 1989 the Department, consistent with the goals established in § 5–902 of this subtitle, shall adopt by regulation standards and procedures for the mitigation of nontidal wetlands losses, including practices for nontidal wetland creation, restoration, enhancement, or monetary compensation.
(2)    The Department may accept monetary compensation only if it is determined that creation, restoration, or enhancement of nontidal wetlands are not feasible alternatives. Monetary compensation may not be a substitute for the requirement to avoid and minimize nontidal wetland losses.
(c)    (1)    There is a Nontidal Wetland Compensation Fund in the Department.
(2)    The following money shall be deposited in the Fund:
(i)    Any monetary compensation paid by an applicant instead of engaging in the creation, restoration, or enhancement of a nontidal wetland; and
(ii)    Any civil or criminal penalty imposed by a court in accordance with § 5–911 of this subtitle.
(3)    Funds in the Nontidal Wetland Compensation Fund may be used only for the creation, restoration, or enhancement of nontidal wetlands, including:
(i)    Acquisition of land;
(ii)    Acquisition of easements;
(iii)    Maintenance of mitigation sites;
(iv)    Purchase of credits in mitigation banks; and
(v)    Contractual services necessary to accomplish the intent of this paragraph.
(4)    Funds credited and any interest accrued to the Fund:
(i)    Shall remain available until expended; and
(ii)    May not be reverted to the General Fund under any other provision of law.
(5)    At the end of the fiscal year, the Department shall prepare an annual report on the Nontidal Wetland Compensation Fund that includes an accounting of all financial receipts and expenditures to and from the Fund and shall provide a copy of the report to the General Assembly, as provided under § 2–1257 of the State Government Article.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 9 - Nontidal Wetlands › Section 5-911 - Enforcement

(a)    (1)    The enforcement provisions in this section are in addition to any other applicable provisions in this title.
(2)    In addition to the enforcement authority granted the Department, the enforcement provisions of this section may be exercised by any county that has program delegation authority.
(b)    The Department may revoke a permit for cause, including violation of permit conditions, obtaining a permit by misrepresentation, failing to disclose a relevant or material fact, or change in conditions. The Department shall notify the violator in writing and provide an opportunity for a hearing.
(c)    The Department may issue a stop work order against any person who violates any provision of this subtitle or any regulation, order, or permit under this subtitle related to a regulated activity.
(d)    (1)    A person who violates any provision of this subtitle or any regulation, order, or permit under this subtitle is liable for a penalty not exceeding $10,000, which may be recovered in a civil action brought by the Department. Each day a violation continues is a separate violation under this subsection.
(2)    The court may issue an injunction requiring the person to cease the violation and restore the area unlawfully disturbed.
(e)    (1)    A person who violates any provision of or fails to perform any duty imposed by this subtitle or by a regulation, order, or permit under this subtitle is guilty of a misdemeanor and on conviction is subject to:
(i)    For a first offense, a fine not exceeding $10,000; or
(ii)    For a second or subsequent offense, a fine not exceeding $25,000.
(2)    The court may order the person to restore the area unlawfully disturbed.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 10A - Junkyards and Related Facilities › Section 5-10A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Automobile graveyard” has the meaning stated in § 8-801 of the Transportation Article.
(c)    “Automotive dismantler and recycler facility” has the meaning stated in § 8-801 of the Transportation Article.
(d)    “Junkyard” has the meaning stated in § 8-801 of the Transportation Article.
(e)    “Scrap metal processing facility” has the meaning stated in § 8-801 of the Transportation Article.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 10A - Junkyards and Related Facilities › Section 5-10A-02 - Junkyards and Related Facilities -- Maintenance

(a)    A person who owns, maintains, or causes to be maintained a junkyard, automotive dismantler and recycler facility, scrap metal processing facility, or automobile graveyard that lawfully existed on January 1, 1972 and that adjoins a river, stream, or other body of water shall:
(1)    Store and maintain trash, junk, automobiles, or automobile parts to prevent the dumping, depositing, or transporting of this matter into the waters of the State;
(2)    Inform the Department and the Administration of provisions planned or made to prevent the dumping, depositing, or transporting of this matter into the waters of the State; and
(3)    Comply with the standards and specifications of the Administration relating to:
(i)    The erection of retaining walls; or
(ii)    The use of devices or procedures to restrain the dumping, depositing, or transporting of this matter into the waters of the State.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 10A - Junkyards and Related Facilities › Section 5-10A-03 - Junkyards and Related Facilities -- Evidence

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.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 11 - Chesapeake Bay and Tributaries › Section 5-1101 - Definitions; Legislative Declaration

(a)    In this subtitle the following words have the meanings indicated.
(1)    “Baltimore County tributary dredged material” means earth, rock, soil, waste matter, muck, or other materials excavated or dredged from an approved dredging project in any of the Baltimore County tributaries of the Chesapeake Bay.
(2)    “Baltimore Harbor” means the waterway which consists of the tidal portions of Patapsco River and its tributaries lying westward of a line extending from Rock Point in Anne Arundel County to North Point in Baltimore County.
(3)    “Beneficial use of dredged material” means any of the following uses of dredged material from the Chesapeake Bay and its tributary waters placed into waters or onto bottomland of the Chesapeake Bay or its tidal tributaries, including Baltimore Harbor:
(i)    The restoration of underwater grasses;
(ii)    The restoration of islands;
(iii)    The stabilization of eroding shorelines;
(iv)    The creation or restoration of wetlands; and
(v)    The creation, restoration, or enhancement of fish or shellfish habitats.
(4)    “Deep trough” means any region that:
(i)    Is south of the Chesapeake Bay Bridge and north of a line extending westerly from Bloody Point; and
(ii)    Has a depth that exceeds 60 feet.
(5)    “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.
(6)    “Innovative reuse” includes the use of dredged material in the development or manufacturing of commercial, industrial, horticultural, agricultural, or other products.
(7)    “Redeposit” means to dump, scatter, pour, or otherwise deposit dredged material.
(8)    (i)    “Sewage sludge” means the accumulated semiliquid suspension of settled solids, or dried residue of these solids, that is deposited from sewage in wastewater treatment plant tanks or basins.
(ii)    “Sewage sludge” includes raw untreated sewage disposed from the Back River Sewage Treatment Plant.
(b)    The General Assembly declares that the Chesapeake Bay and the tidewater portions of its tributaries are a great natural asset and resource to the State and its counties. Portions of these areas are threatened with inundation by the unconfined dumping of vast quantities of spoil from dredging operations within Baltimore Harbor and certain dumpings of sewage sludge. This inundation and unconfined dumping will pollute and despoil valuable portions of the bottomland in the Chesapeake Bay and its tidewater tributaries and be grossly harmful to fish and marine life in these and adjacent waters, to use for recreation, and to the economic and social life of the people of this State.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 11 - Chesapeake Bay and Tributaries › Section 5-1102 - Dumping Prohibited

(a)    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. However, the dredged material may be redeposited in contained areas approved by the Department.
(b)    A person may not redeposit in an unconfined manner Baltimore County tributary dredged material into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay’s tributaries within 5 miles of the Hart–Miller–Pleasure Island chain in Baltimore County.
(c)    Except as provided in subsection (d) of this section, 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. However, the dredged material may be redeposited in contained areas approved by the Department.
(d)    (1)    Beginning October 1, 2001, subject to paragraph (2) of this subsection, and in accordance with State and federal law, a person may redeposit up to 7.4 million cubic yards of dredged material into or onto any portion of the water, bottomland, or the tidewater portions of the Chesapeake Bay collectively known as Pooles Island, including G–West and Site 92.
(2)    The redeposit of dredged material authorized under this subsection may not occur after the sooner of:
(i)    December 31, 2010; or
(ii)    The initiation of the placement of dredged material in any site or sites approved pursuant to the process established in § 5–1104.2(d)(1) of this subtitle if the total capacity of the approved site or sites, when combined with the approved capacity of existing placement sites identified in the October 1, 2000 report to the Maryland General Assembly regarding the Governor’s Strategic Plan for Dredged Material Management, provide 20 years of placement capacity for dredged material.
(e)    A person may not dump, deposit, scatter, or release sewage sludge by any means, including discharge from a sewer or pipe, into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay’s tributaries within 5 miles of the Hart–Miller–Pleasure Island chain in Baltimore County.
(f)    A person may not redeposit dredged material or other material excavated or dredged from the Chesapeake Bay or its tidal tributaries into or onto the area of the bottomlands or waters of the Chesapeake Bay known as the deep trough.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 11 - Chesapeake Bay and Tributaries › Section 5-1102.1 - Cox Creek Citizens Oversight Committee

(a)    (1)    The Governor shall appoint a Cox Creek Citizens Oversight Committee.
(2)    The terms of the members of the Oversight Committee shall be determined by the Governor.
(b)    The Oversight Committee shall be composed of the following members:
(1)    2 members of the North County Land Trust;
(2)    1 delegate to the Greater Pasadena Council who represents a waterfront community;
(3)    1 member of the Pasadena Sport Fishermen’s Group;
(4)    1 member of the Anne Arundel County Watermen’s Association;
(5)    1 member of the Maryland Saltwater Sport Fishermen’s Association;
(6)    1 individual who represents the pleasure boating industry in Anne Arundel County;
(7)    1 member of the Pasadena Business Association;
(8)    1 member of the Restore Rock Creek organization;
(9)    1 member of the South Baltimore Business Alliance;
(10)    1 resident of legislative district 31; and
(11)    1 resident of legislative district 46.
(c)    The Oversight Committee shall:
(1)    Monitor the redeposit of Anne Arundel County dredged material and other dredged material in the Cox Creek area;
(2)    Hear and dispose of complaints lodged by individuals affected by the redeposit of Anne Arundel County dredged material and other dredged material in the Cox Creek area; and
(3)    Appoint a member from the Committee to serve as a liaison to the Innovative Use Advisory Council.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 11 - Chesapeake Bay and Tributaries › Section 5-1103 - Redeposit of Spoil in Hart-Miller-Pleasure Island Chain or in Hart-Miller Island Dredged Material Containment Facility

(a)    (1)    Except for dredge spoil from local dredging projects initiated by Baltimore County in the waters of Baltimore County, the Department may not approve any contained area for the redeposit of spoil within 5 miles of the Hart-Miller-Pleasure Island chain in Baltimore County.
(2)    A contained area described in paragraph (1) of this subsection may not exceed the approximately 1,100 acre size provided in the projects U.S. Army Corps of Engineers permit dated November 22, 1976.
(3)    (i)    Subject to subparagraph (ii) of this paragraph, dredge spoil may not be deposited in the Hart-Miller Island Dredged Material Containment Facility after the first of the following to occur:
1.    The maximum height of dredge spoil deposited in the Hart-Miller Island Dredged Material Containment Facility reaches:
A.    44 feet above the mean low water mark in the north cell; and
B.    28 feet above the mean low water mark in the south cell; or
2.    January 1, 2010.
(ii)    New dredge spoil dredged from a channel may not be deposited in the south cell.
(b)    (1)    Except as provided in paragraph (2) of this subsection, only spoil from the excavation or dredging of Baltimore Harbor, its approach channels, and Baltimore County tributary spoil 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 (a) of this section.
(2)    Only dredge spoil 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 spoil authorized under subsection (a)(1) of this section.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 11 - Chesapeake Bay and Tributaries › Section 5-1104 - Hart-Miller-Pleasure Island Citizens Oversight Committee

(a)    (1)    With the advice and consent of the Senate, the Governor shall appoint a Hart-Miller-Pleasure Island Citizens Oversight Committee.
(2)    The terms and qualifications of members of the Oversight Committee shall be determined by the Governor.
(b)    The Oversight Committee shall be composed of the following members:
(1)    2 trustees from the grantee in interest, as defined in § 5-1202.2(a)(1) of the Natural Resources Article;
(2)    1 individual from the North Point Peninsula Community Coordinating Council;
(3)    1 individual from the Essex Middle River Civic Council, Inc.;
(4)    2 interested citizens, 1 of whom shall reside in the sixth legislative district, and 1 of whom shall reside in the seventh legislative district;
(5)    1 individual from the Baltimore County Waterman’s Association;
(6)    1 individual who represents the pleasure boating industry in Baltimore County;
(7)    1 individual who represents the sport fishing or crabbing industry in Baltimore County;
(8)    1 individual from the Greater Dundalk Community Council; and
(9)    1 individual from the Hart and Miller Island Area Environmental Group, Inc.
(c)    The Oversight Committee shall:
(1)    Monitor and provide oversight regarding:
(i)    The future development, use, and maintenance of the Hart–Miller–Pleasure Island chain; and
(ii)    The water quality immediately surrounding the islands; and
(2)    Hear and dispose of complaints lodged by individuals affected by the future development and the water quality immediately surrounding the Hart–Miller–Pleasure Island chain.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 11 - Chesapeake Bay and Tributaries › Section 5-1104.1 - Kent Island Citizens Oversight Committee

(a)    (1)    Subject to the approval of the members of the General Assembly of the 36th legislative district, the Governor shall appoint a Kent Island Citizens Oversight Committee.
(2)    The Governor shall determine the terms and qualifications of members of the Oversight Committee.
(b)    The Oversight Committee shall be composed of the following members:
(1)    The Secretary of the State Department of Natural Resources or the Secretary’s designee;
(2)    Two representatives of the Kent Island Civic Confederation;
(3)    Two citizens from the 4th election district;
(4)    One representative of the Maryland Watermen’s Association;
(5)    One representative of the Queen Anne’s County Watermen’s Association;
(6)    One representative of the pleasure boating industry;
(7)    One representative of the sport boating industry;
(8)    One representative from the Maryland Port Administration;
(9)    One member of the Board of County Commissioners of Queen Anne’s County or the Board’s designee; and
(10)    One member of the Queen Anne’s County Delegation or the Delegation’s designee.
(c)    The Oversight Committee shall:
(1)    Consult with the Maryland Port Administration regarding the redeposit of dredge spoils off the shores of Kent Island, Queen Anne’s County;
(2)    Monitor the redeposit of dredge spoils off the shores of Kent Island; and
(3)    Hear and respond to complaints lodged by any person affected by the redeposit of dredge spoils in the waters off Kent Island.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 11 - Chesapeake Bay and Tributaries › Section 5-1104.2 - Executive Committee

(a)    There is an Executive Committee created to provide oversight in the development of the State of Maryland’s plans for dredged material management.
(b)    (1)    The Executive Committee shall consist of:
(i)    The Secretary of Transportation, or the Secretary’s designee;
(ii)    The Secretary of Natural Resources, or the Secretary’s designee;
(iii)    The Secretary of the Environment, or the Secretary’s designee;
(iv)    A representative of the Chesapeake Bay Foundation, designated by the Chesapeake Bay Foundation;
(v)    A representative of the Management Committee of the Dredged Material Placement Program; and
(vi)    A citizen representative, appointed by the Governor.
(2)    The Governor shall invite the following people to serve as members of the Executive Committee:
(i)    A representative of the Army Corps of Engineers, Philadelphia District; and
(ii)    A representative of the Army Corps of Engineers, Baltimore District.
(c)    The Executive Committee shall meet as needed, but not less than semiannually.
(d)    The Executive Committee shall:
(1)    Review and recommend to the Governor dredged material placement options, including, but not limited to, the placement sites identified in the October 1, 2000 Report to the Maryland General Assembly regarding the Governor’s Strategic Plan for Dredged Material Management, to fill short–term capacity needs as specified in § 5–1102(d)(2)(ii) of this subtitle;
(2)    Review and recommend to the Governor elements, as part of a continuous and long–term strategic plan for dredged material management, including changes to the plan; and
(3)    Review and recommend to the Governor dredged material disposal sites for long–term dredged material placement capacity based on the following hierarchy:
(i)    Beneficial use and innovative reuse of dredged material;
(ii)    Upland sites and other environmentally sound confined capacity;
(iii)    Expansion of existing dredged material disposal capacity other than the Hart–Miller Island Dredged Material Containment Facility and areas collectively known as Pooles Island, including G–West and Site 92; and
(iv)    Other dredged material placement options to meet long–term placement needs, except for redepositing dredged material in an unconfined manner.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 11 - Chesapeake Bay and Tributaries › Section 5-1105 - Injunctive Relief

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.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 11 - Chesapeake Bay and Tributaries › Section 5-1106 - Enforcement

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.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 12 - Herring Run Public Watershed Association › Section 5-1201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Commission” means the Herring Run Public Watershed Association Commission.
(c)    (1)    “Herring Run Watershed” means the land and water area from which all water drains, directly or indirectly, to and from the Herring Run.
(2)    “Herring Run Watershed” includes Herring Run, West Herring Run, Chinquapin Run, Moores Run, and Armistead Creek.
(d)    “Watershed” means the Herring Run Watershed.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 12 - Herring Run Public Watershed Association › Section 5-1203 - Commission -- Established; Composition; Advisory Committee

(a)    There is a Herring Run Public Watershed Association Commission.
(b)    The Commission is composed of:
(1)    The Secretary of Natural Resources or the Secretary’s designee;
(2)    The Secretary of the Environment or the Secretary’s designee;
(3)    The Secretary of Planning or the Secretary’s designee;
(4)    2 members from Baltimore City selected by the Mayor of Baltimore City;
(5)    2 members from Baltimore County selected by the County Executive of Baltimore County; and
(6)    2 members selected by the Baltimore Regional Planning Council.
(c)    Of the 6 county and city members, there shall be at least:
(1)    1 member of the county or city legislative body; and
(2)    1 member of the General Assembly of Maryland.
(d)    The Commission shall appoint an advisory committee composed of interested citizens and determine the number, terms, and qualifications of the Commission’s members.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 12 - Herring Run Public Watershed Association › Section 5-1204 - Commission -- Chairman; Meetings; Quorum; Voting

(a)    The chairman of the Commission shall be selected from the members of the county and city by a majority vote of the entire Commission.
(b)    (1)    The members shall meet at the chairman’s request at least annually or any time at the request of a quorum of members of the county or city.
(2)    A quorum consists of 5 members.
(3)    A majority vote of the full Commission is necessary to approve any action.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 12 - Herring Run Public Watershed Association › Section 5-1205 - Commission -- Duties

(a)    With respect to water quality, the Commission shall advise and make recommendations in accordance with the Baltimore metropolitan water quality management plan, as prepared and adopted in accordance with 33 U.S.C. § 1288 (Section 2 of the federal Water Pollution Control Act amendments of 1972).
(b)    With respect to flood hazard areas and watershed management as defined in the Maryland Flood Hazard Management Act of 1976, the Commission shall proceed in accordance with that act. The Commission shall cooperate with State, regional, and local agencies and their respective programs, plans, and procedures with respect to:
(1)    Flood damage reduction;
(2)    Water quality improvements;
(3)    Municipal and industrial water supplies;
(4)    Recreation, fish, wildlife, and esthetic improvement; and
(5)    Soil conservation and watershed and forested land management.
(c)    With respect to all other recommendations and plans, including those relating to esthetics, conservation, erosion control, recreation and other improvements, the Commission shall proceed in accordance with the procedures and policies of the governments whose support or cooperation is required or requested.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 13 - Penalty and Fines; Prosecution › Section 5-1301 - Penalty and Fines

(a)    Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, with costs imposed in the discretion of the court. Every fine and cost shall be paid in accordance with § 7-503 of the Courts Article.
(b)    Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is a violation which has occurred within 2 years of any prior violation of this title.
(c)    In addition to any administrative penalty provided in this title, a violation of any regulation or restriction adopted by any unit within the Department of the Environment pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 14 - Green and Blue Infrastructure Policy Advisory Commission › Section 5-1401 - Definitions. [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2025 PER CHAPTERS 237 AND 238 OF 2022 //
(a)    In this subtitle the following words have the meanings indicated.
(b)    “Blue infrastructure” has the meaning stated in § 9–1601 of this article.
(c)    “Commission” means the Green and Blue Infrastructure Policy Advisory Commission.
(d)    “Green infrastructure” has the meaning stated in § 9–1601 of this article.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 14 - Green and Blue Infrastructure Policy Advisory Commission › Section 5-1402 - Green and Blue Infrastructure Policy Advisory Commission -- Members -- Purpose -- Cochairs. [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2025 PER CHAPTERS 237 AND 238 OF 2022 //
(a)    There is a Green and Blue Infrastructure Policy Advisory Commission.
(b)    The purpose of the Commission is to advise the Secretary, the BayStat Subcabinet, and local government officials on ways to facilitate and accelerate the scale and pace of implementation of green and blue infrastructure projects in the State, including projects designed to:
(1)    Reduce nutrient and sediment loads entering the Chesapeake Bay;
(2)    Sequester nutrients already in the Chesapeake Bay;
(3)    Improve climate resilience;
(4)    Sequester carbon;
(5)    Protect and restore important terrestrial or aquatic habitats;
(6)    Restore streams or wetlands;
(7)    Build living shorelines;
(8)    Augment or restore shellfish populations; or
(9)    Restore forest or agricultural lands.
(c)    The Commission consists of the following members, appointed by the Secretary in consultation with the other members of the BayStat Subcabinet:
(1)    Four representatives of local government who represent different regions of the State and who are responsible for implementing ecological restoration projects, of whom two shall represent county governments and two shall represent municipal governments;
(2)    Two representatives of private ecological restoration companies that regularly work in the State;
(3)    Two representatives of companies that invest private capital in ecological restoration projects;
(4)    Two representatives of nonprofit organizations that are knowledgeable about green or blue infrastructure and advocate on behalf of the public’s interest in the State’s natural resources;
(5)    One representative of the University of Maryland Environmental Finance Center;
(6)    One representative of the Patuxent Environmental and Aquatic Research Laboratory, Morgan State University, recommended by the Research Laboratory;
(7)    Two members of the public who have a documented and continuing interest in ecological restoration; and
(8)    Two representatives of State agencies who are responsible for implementing green or blue infrastructure projects.
(d)    The Secretary shall ensure that, to the extent practicable, the membership of the Commission reflects the geographic, racial, gender, and cultural diversity of the State.
(e)    From among the Commission members, the Secretary shall designate:
(1)    One of the State agency representatives to serve as cochair; and
(2)    One of the local government representatives to serve as cochair.
(f)    A member of the Commission:
(1)    May not receive compensation as a member of the Commission; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 14 - Green and Blue Infrastructure Policy Advisory Commission › Section 5-1403 - Meetings -- Study and Recommendations -- Annual Reports. [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2025 PER CHAPTERS 237 AND 238 OF 2022 //
(a)    (1)    The Commission shall meet at least three times per year.
(2)    Meetings may be held virtually or at a location designated by the Secretary.
(b)    The Commission shall study and make recommendations regarding:
(1)    Ways to prioritize green and blue infrastructure projects through State permitting processes;
(2)    Changes to local development policies and regulations that would facilitate the timely review and approval of green and blue infrastructure projects;
(3)    Ways to phase in life cycle costing requirements for long–term monitoring and repair of State and local government–funded green and blue infrastructure projects;
(4)    Strategies and policies to prioritize green and blue infrastructure projects that both contribute toward the achievement of Chesapeake Bay restoration goals and create local economic, social, and environmental benefits for disadvantaged communities;
(5)    Policies to allow the State and local governments to attract sources of private capital investment and maximize public sector funding for green and blue infrastructure projects;
(6)    Circumstances in which volunteer–based green and blue infrastructure projects should be prioritized because of cost–saving benefits;
(7)    Best practices for streamlining the procurement and financing process for environmental credit buyers at the local level; and
(8)    Other policies to achieve the increased scope and scale of ecological restoration.
(c)    On or before January 1 each year, the Commission shall report to the Secretary, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly on its findings and recommendations.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 3 - Lead-Based Paint › Section 6-301 - Use of Lead-Based Paint Prohibited

A person may not use lead-based paint:
(1)    On any interior surface;
(2)    On any exterior surface to which children commonly may be exposed;
(3)    On any porch of any dwelling; or
(4)    Except for a lead-based industrial paint that is applied to a household appliance, on any article that is intended for household use.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 3 - Lead-Based Paint › Section 6-302 - Penalties

(a)    A person who violates any provision of § 6-301 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both.
(b)    (1)    A person who violates § 6-303 of this subtitle or any regulation adopted under § 6-303 of this subtitle is subject to an administrative penalty of up to $250 per violation, not exceeding $10,000.
(2)    The administrative penalty under this subsection shall be assessed with consideration given to:
(i)    The willfulness of the violation and the extent to which the violation was known to the violator but uncorrected by the violator;
(ii)    The extent to which the violation resulted in actual harm to human health;
(iii)    The nature and degree of injury to or interference with general welfare and health; and
(iv)    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.
(c)    Each day a violation continues constitutes a separate offense under this section.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 3 - Lead-Based Paint › Section 6-304 - Case Management for Children With Elevated Blood Lead Levels

(a)    This section establishes case management assistance and notification requirements for cases of children with elevated blood lead levels greater than or equal to:
(1)    Between July 1, 2022, and October 27, 2022, inclusive, 5 micrograms per deciliter (�g/dl);
(2)    Between October 28, 2022, and December 31, 2023, inclusive, 3.5 �g/dl; and
(3)    On and after January 1, 2024, the reference level, defined in § 6–801(q) of this title.
(b)    The Secretary shall assist local governments, if necessary, to provide case management of children with elevated blood lead levels.
(c)    Within 10 business days after receipt of the results of a blood test for lead poisoning indicating that a child under the age of 6 years has an elevated blood lead level, the Department or a local health department shall notify:
(1)    The child’s parent or legal guardian; and
(2)    If the child does not reside at a property owned by the child’s parent or legal guardian, the owner of the property where the child resides.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 3 - Lead-Based Paint › Section 6-305 - Environmental Investigations to Determine Lead Hazards

(a)    On or before July 1, 2020, the Department shall adopt regulations for conducting environmental investigations to determine lead hazards for:
(1)    Children under the age of 6 years with elevated blood lead levels greater than or equal to the reference level defined in § 6–801(q) of this title; and
(2)    Pregnant women with elevated blood lead levels greater than or equal to the reference level as defined in § 6–801(q) of this title.
(b)    (1)    The regulations adopted under subsection (a) of this section shall be consistent with, or more stringent than, the Guidelines for the Evaluation and Control of Lead–Based Paint Hazards in Housing published by the U.S. Department of Housing and Urban Development.
(2)    The regulations adopted under subsection (a) of this section shall provide for an environmental investigation to be completed after receipt by the Department or the county board of health of the results of a blood test under § 6–304 of this subtitle for:
(i)    Children under the age of 6 years with elevated blood lead levels greater than or equal to the reference level defined in § 6–801(q) of this title; or
(ii)    Pregnant women with elevated blood lead levels greater than or equal to the reference level defined in § 6–801(q) of this title.
(c)    The Department shall include in its annual report on statewide childhood blood lead testing a summary of the results of any environmental investigation conducted in accordance with this section.