§ 5-1103

(a) In this section, “large redevelopment site” has the meaning stated in § 4–101.1 of this article.

(b) (1) 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:

(i) Dredge spoil from local dredging projects initiated by Baltimore County in the waters of Baltimore County; or

(ii) Contained areas for the redeposit of dredged material at a large redevelopment site.

(2) 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.

(3) (i) 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:

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.

(iii) 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:

1. The dredged material is from a location within 1 mile of the shoreline of a large redevelopment site; and

2. 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:

A. At the request of the County Executive of Baltimore County, was presented to and approved by the County Council of Baltimore County; and

B. 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.

(c) (1) 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.

(2) 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.

(3) 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.

(d) 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:

(1) 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

(2) Be in addition to the payments required by the community benefits agreement under subsection (b)(3)(iii)2 of this section.

(e) 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.