Montgomery County                                2361

or inapplicable to any person or circumstances, such illegality, invalidity or
unconstitutionally, or inapplicability shall not affect or impair any of the
remaining provisions, sentences, clauses, sections or parts of the Act or
their application to other persons or circumstances. It is hereby declared
to be the legislative intent that this Act would have been adopted if such
illegal, invalid or unconstitutional provision, sentence, clause, section or
part had not been included therein, and if the person or circumstances to
which the Act or any part thereof is inapplicable had been specifically
exempted therefrom.

Section 5. Effective date.

This Act shall take effect on the 76th day following its enactment.

Chapter 47
(Bill No. 55-69)

An Act to amend Chapter 11, title "Health and Sanitation", of the
Montgomery County Code 1965, Section 11-11, title "Rules and regula-
tions for collection or disposal," Section 11-13, title "Authority to
establish service and disposal plants, contract for collection and re-
moval, etc.," and repeal in its entirety Section 11-16, title "Dumps—
Authority to purchase land for use as dump; payment of cost," to
authorize the County Executive rather than Council to regulate, control
and set fees to cover the cost of inspecting and licensing the collection
and/or disposal of refuse, garbage, trash or junk; to authorize the
County rather than Council to establish and maintain refuse disposal
plants, license or contract for the collection and/or disposal of refuse,
to contract for the construction and/or operation of disposal plants;
to provide that the provision of service in one area by either the
County or other board or agency shall serve to suspend the authority
of other boards or agencies to provide such service in the same area;
and to repeal as repetitive Section 11-16 authorizing the County to
purchase property for use as a dump.

Be It Enacted by the County Council for Montgomery County, Maryland,
that—

Section 1. Section 11-11, Chapter 11, title "Health and Sanitation,"
of the Montgomery County Code 1965, is hereby amended to read as follows:

11-11. Rules and regulations for collection or disposal.

Collection or disposal of garbage, trash, junk or other refuse shall
be in accordance with such rules and regulations, which may include the
imposition of reasonable fees to cover the cost of inspection and licensing,
as the County Executive shall, from time to time, prescribe; provided,
however, that no incorporated town or special taxing area shall be required
to pay any fees for inspection and licensing.

Section 2. Section 11-13, Chapter 11, title "Health and Sanitation,"
of the Montgomery County Code 1965, is hereby amended to read as follows:

11-13. Authority to establish service and disposal plants, contract for
collection and removal, etc.

(a) The County may:

(1) Establish and maintain such service and disposal plants as it may
deem necessary or desirable for the collection and disposal of refuse, and
fix the charges for such service;