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Session Laws, 1970
Volume 695, Page 533   View pdf image
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Marvin Mandel, Governor                            533

Upon receipt of the directive from the Secretary of Health and
Mental Hygiene, the Service shall proceed to install and put into
operation sewerage or refuse disposal projects to comply with the
directive. All costs incurred by the Service for the construction and
operation of such projects shall be charged to the municipality
against which the order was issued.

Funds to pay the Service for construction and operation of such
projects may be raised under the provisions of Article 43, Section
395 of the Annotated Code of Maryland.

Upon terms satisfactory to the Service and the municipality, the
Service may enter into an agreement with the municipality to con-
tinue to operate the sewerage system or refuse disposal works in-
stalled by the Service under the provisions of this subsection. In
this event, the municipality shall enter into a contract with the
Service for the establishment of a service district as provided in
Section 6 (e) of this Article.

(b) Upon failure of a person to comply with an order of the
Secretary of Health and Mental Hygiene to abate pollution as pro-
vided for in Article 43, Section 397 of the Annotated Code of Mary-
land, the Secretary of Health and Mental Hygiene shall direct the
Service to provide projects necessary to abate the pollution.

Upon receipt of the directive from the Secretary of Health and
Mental Hygiene, the Service shall provide the projects necessary to
abate the pollution and the person shall therewith discharge or deliver
his wastes only to a Service project or avail himself of the projects
provided by the Service to abate the pollution. The cost of projects
provided by the Service to abate pollution under the terms of this
subsection shall be borne by the person against whom the order of
the Secretary of Health and Mental Hygiene was issued. The person
and the Service shall determine by agreement, from time to time,
the costs, rental, charges, or other fees to be paid by the person to
the Service. If the fees and charges remain unpaid for a period of
60 days, the unpaid bills shall be a lien against the property served ,
and they shall be referred to the Attorney General for collection.

All projects provided by the Service under this subsection shall
remain under the control and operation of the Service. It is unlawful
for a person provided with projects by the Service under this sub-
section to duplicate or use any other projects serving the same
purpose.

(c) Upon the failure of a municipality or person to comply with
an order of the Secretary of Health and Mental Hygiene to correct
deficiencies on the operation of sewerage systems or refuse disposal
works as provided for in Article 43, Section 391 of the Annotated
Code of Maryland, the Secretary of Health and Mental Hygiene shall
direct the Service to take charge of and operate such systems or
works so as to secure the results demanded by the Secretary of
Health and Mental Hygiene.

Upon the receipt of the directive from the Secretary of Health
and Mental Hygiene, the Service shall immediately take charge of
and operate the systems or works so as to secure the results set forth
in the directive of the Secretary of Health and Mental Hygiene. All
costs for maintenance, operation, and other services including legal
fees incidental to taking possession of the sewerage system or refuse


 

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Session Laws, 1970
Volume 695, Page 533   View pdf image
 Jump to  
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