PARRIS N. GLENDENING, Governor

Ch. 574

Article - Environment

Section 5-1103 and 16-202

Annotated Code of Maryland

(1996 Replacement Volume and 1996 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Environment

5-1103.

(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 MAY
NOT EXCEED REACHES:

1. A. 44 FEET ABOVE THE MEAN LOW WATER MARK IN
THE NORTH CELL; OR AND

2. B. 28 FEET ABOVE THE MEAN LOW WATER MARK IN
THE SOUTH CELL:; OR

(II) ON OR AFTER JANUARY 1, 2010, DREDGE SPOIL MAY NOT BE
DEPOSITED IN THE HART MILLER ISLAND DREDGED MATERIAL CONTAINMENT
FACILITY.

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.

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