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Session Laws, 1978
Volume 736, Page 2797   View pdf image
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BLAIR LEE III, Acting Governor

2797

that part of Montgomery County in the City of Takoma Park
which remains under the jurisdiction of the Washington
Suburban Sanitary Commission with respect to storm drainage
construction and maintenance under the provisions of the
Storm Drainage Transfer Act [(chapter 703, Acts of 1968) ]
(SECTION 3-12), unless the plans and specifications therefor
have first been approved by the commission. The
construction, and maintenance items if any are required by
the permit, shall be in conformity with the plans and
specifications as approved. This subsection shall not apply
to any structures installed by an individual for the
protection of his home, unless such structure connects to a
drainage system or part thereof subject to the commission's
control or unless such structure is installed in a drainage
easement theretofore established by plat or other
dedication. Where under the [provision] PROVISIONS of this
section [63-86A (71-36A)] a permit and approval for
construction is required or was required at the time of the
construction, and a storm drainage system or part thereof is
or was constructed without the required permit and approval,
the commission, upon ascertainment of the illegal
construction, may require the owner or the party who
constructed the drain, or the party who is then responsible
for the drain, to bring it into conformity with the
commission's requirements hereunder, or failing conformity,
may require the same to be removed. A failure to comply
with the commission's order shall be a violation of this
section and subject the violator to the penalty provisions
of subsection (k) hereof, and compliance may be enforced by
injunction as provided in this [subtitle] CODE.

(c) All existing storm drainage systems or parts
thereof which have heretofore been constructed in the
Washington Suburban Sanitary District portion of Prince
George's County in streets, alleys, public ways or public
spaces, including these constructed within areas dedicated
to the public use or granted to any public agency by deed or
ether appropriate conveyance and which have been constructed
pursuant to plans and specifications which were approved by
either the commission or by the county commissioners of
Prince George's County, or with respect to which the
commission may, following an inspection, determine to have
been adequately constructed, shall be taken over for
maintenance by the commission not later than July 1, 1966[,
except that]. HOWEVER, THE FOLLOWING EXCEPTIONS SHALL BE
MADE: (1) storm drainage systems in land owned by the
Maryland-National Capital Park and Planning Commission shall
not come within the previsions of this subsection but shall
be maintained by the said Maryland-National Capital Park and
Planning Commission[ , and excepting]; (2) storm drainage
systems and facilities within a road maintained by the state
roads commission[.] SHALL BE MAINTAINED BY THE STATE; AND
(3) AFTER JULY 1, 1978 THE CITY OF BOWIE SHALL HAVE CONTROL
OF ALL STORM DRAINAGE SYSTEMS OR PARTS THEREOF WITHIN THE
JURISDICTION OF THE CITY OF BOWIE INCLUDING ALL EXISTING
STORM DRAINAGE SYSTEMS OR PARIS THEREOF WHICH HAVE BEEN
UNDER THE CONTROL OF THE WASHINGTON SUBURBAN SANITARY
COMMISSION PRIOR TO JULY 1, 1978.

 

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Session Laws, 1978
Volume 736, Page 2797   View pdf image
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