MARVIN MANDEL, Governor                                       513

REVISOR'S NOTE: This subsection is new language
derived from Article 33b, section 8 (a) of
the Code.

(B)        POLLUTION ABATEMENT PROJECT FOR
MANUFACTURING OR INDUSTRIAL ESTABLISHMENT UPON FAILURE
TO COMPLY WITH ORDER UNDER ARTICLE 43, § 397. -

(1)   UPON FAILURE OF A PERSON TO COMPLY
WITH AN ORDER OF THE SECRETARY OF HEALTH AND MENTAL
HYGIENE TO ABATE POLLUTION AS PROVIDED FOR IN ARTICLE
43, § 397 OF THE CODE, THE SECRETARY OF HEALTH AND
MENTAL HYGIENE SHALL DIRECT THE SERVICE TO PROVIDE
PROJECTS NECESSARY TO ABATE THE POLLUTION.

(2)   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 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 TO THE SECRETARY OF HEALTH AND MENTAL
HYGIENE WAS ISSUED. THE PERSON AND THE SERVICE SHALL
DETERMINE BY AGREEMENT 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 BECOME A LIEN AGAINST THE
PROPERTY SERVED, IF IT IS RECORDED AND INDEXED AS
PROVIDED IN THIS SUBTITLE, AND SHALL BE REFERRED TO
THE ATTORNEY GENERAL FOR COLLECTION.

(3)    ALL PROJECTS PROVIDED BY THE SERVICE
UNDER THIS SUBSECTION REMAIN UNDER THE CONTROL AND
OPERATION OF THE SERVICE. IT IS UNLAWFUL FOR A PERSON
PROVIDED WITH PROJECTS BY THE SERVICE UNDER THIS
SUBSECTION TO DUPLICATE OR USE ANY OTHER PROJECT
SERVING THE SAME PURPOSE.

REVISOR'S NOTE: This subsection is new language
derived from Article 33B, section 8(b) of
the Code. As to the lien provision of
paragraph (2) see revisor's note of section
3-126.

(C)    CORRECTION AND OPERATION OF DEFICIENT
EXISTING SEWERAGE SYSTEM OR REFUSE DISPOSAL WORKS UPON
FAILURE TO COMPLY WITH ORDER UNDER ARTICLE 43, §391. -