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Session Laws, 1970
Volume 695, Page 543   View pdf image
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Marvin Mandel, Governor                            543

party to the disagreement, shall assume jurisdiction for the purpose
of arbitrating the disagreement, and its determination shall be final
and binding on all parties concerned; provided, however, that any
party shall have the right to appeal such determination to the Cir-
cuit Court of any county within which the municipality or person
is located or carries on business or resides, or in any equity court
in Baltimore City. In such appeal the decision of the Commission
shall be prima facie correct and shall be affirmed unless clearly
shown to be (1) in violation of constitutional provisions, or (2)
made upon unlawful procedure, or (3) arbitrary or capricious, or (4)
affected by other error of law.

27. Penalties.

Any municipality or person violating any provision of this Article,
or any rule or regulation lawfully promulgated and adopted by the
Service, is deemed guilty of a misdemeanor, and upon conviction
thereof shall be subject to a fine not to exceed one thousand dollars
($1,000) for each violation. Each day on which a violation occurs
constitutes a separate violation under this section.

28.

This Article shall constitute full and complete authority, without
regard to the provisions of any other law for the doing of the acts
and things herein authorized, and shall be liberally construed to
effect the purposes hereof; provided however, that nothing herein
contained shall be taken as restricting any control which the De-
partment of Health and Mental Hygiene and the Department of
Natural Resources, or any of the departments or agencies included
therein, are empowered to exercise over any wastewater purification
or solid waste disposal project authorized by this Article.
PRO-
VIDED FURTHER THAT NOTHING HEREIN CONTAINED
SHALL BE TAKEN AS AUTHORITY OR POWER TO INTER-
FERE WITH, RESTRICT OR OTHERWISE AFFECT THE
OPERATION OF EXISTING WASTEWATER PURIFICATION
OR SOLID WASTE DISPOSAL PROJECTS FOUND BY THE
SECRETARY OF HEALTH AND MENTAL HYGIENE TO BE
ADEQUATELY AND LAWFULLY OPERATED BY MUNICIPAL-
ITIES HAVING JURISDICTION OR RESPONSIBILITY FOR
THEM, EXCEPT BY THEIR EXPRESS CONSENT AND
AGREEMENT.

29.

Nothing in this Article shall be construed to alter, change, modify,
or restrict the zoning or land use planning authority of any munici-
pality or public instrumentality.

30.

The Board of Review of the Department of Natural Resources
shall not have jurisdiction over any proceedings arising under or
pursuant to this Article, and Sections 236 and 237 of Article 41
of this Code shall not be applicable to decisions of the Service.


 

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Session Laws, 1970
Volume 695, Page 543   View pdf image
 Jump to  
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