1900                                 LAWS OF MARYLAND                               Ch. 528

3-711.

(A)    THE SERVICE MAY APPLY TO THE BOARD FOR A
CERTIFICATE FOR ONE OR MORE SITES INCLUDED IN THE STATEWIDE
INVENTORY.

(B)   THE BOARD MAY DIRECT THE SERVICE TO PREPARE AND
SUBMIT A PROPOSAL FOR ACQUISITION OR UTILIZATION OR BOTH OF
ANY INVENTORIED SITE. THE BOARD MAY FURTHER DIRECT THE
SERVICE TO PERFORM ANY ACT AUTHORIZED BY SUBTITLE 1 OF TITLE
3 OF THIS ARTICLE TO IMPLEMENT THE PROPOSAL IF A CERTIFICATE
IS ISSUED.

(C)    WHEN THE SERVICE ACTS WITH RESPECT TO A SITE FOR
WHICH A CERTIFICATE HAS BEEN ISSUED, §§ 3-102(C) AND
3-104(U) OF THIS ARTICLE DO NOT APPLY.

(D) (1) IF THE SERVICE OWNS A SITE OR PROPERTY ON A
SITE THAT IS NOT, BECAUSE OF ITS OWNERSHIP, SUBJECT TO
ORDINARY LOCAL TAXES, AND IF A CERTIFICATE HAS BEEN ISSUED
FOR THE SITE, THE SERVICE SHALL MAKE PAYMENTS IN LIEU OF
TAXES TO THE SUBDIVISION IN WHICH THE SITE IS LOCATED.

(2)  THE COST OF THESE PAYMENTS SHALL BE INCLUDED
AS A PART OF PROJECT COSTS IN THE ACCOUNTS OF THE SERVICE
AND MAY BE RECOVERED BY THE SERVICE FROM THE USERS OF THE
FACILITIES ON THE SITE.

(3)  PAYMENT SHALL EQUAL THE AMOUNT OF ORDINARY
LOCAL TAXES THAT WOULD BE DUE IF THE PROPERTY WERE SUBJECT
TO TAXATION.

(4)   IMMEDIATELY UPON ACQUISITION OF AN INTEREST
IN ANY SITE OR PROPERTY ON A SITE, THE SERVICE SHALL REQUEST
THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION TO CERTIFY
TO THE LOCAL TAXING AUTHORITY THE ASSESSMENT ASSOCIATED WITH
THE PROPERTY.

3-712.

(A)  THE BOARD OF REVIEW OF THE DEPARTMENT OF NATURAL
RESOURCES DOES NOT HAVE JURISDICTION OVER ANY PROCEEDING
ARISING UNDER THIS SUBTITLE, AND §§ 1-105 AND 1-106 OF THIS
ARTICLE ARE NOT APPLICABLE TO THE BOARD.

(B)  ANY INTERESTED PARTY, INCLUDING A PROSPECTIVE USER
OF A HAZARDOUS WASTE FACILITY SITE WHO GENERATES HAZARDOUS
WASTE IN THIS STATE, MAY APPEAL A DECISION OF THE BOARD
DIRECTLY TO THE CIRCUIT COURTS OR (IF THE SITE IS LOCATED IN
BALTIMORE CITY) TO THE BALTIMORE CITY COURT COURT OF THE
JURISDICTION OF THE PROPOSED SITE. THE DECISION OF THE
CIRCUIT COURT OR THE BALTIMORE CITY COURT MAY BE APPEALED TO
THE COURT OF SPECIAL APPEALS OF MARYLAND.

(C)  ANY ISSUE IN AN APPEAL FROM A DECISION OF THE
BOARD HAS PREFERENCE OVER ALL OTHER CIVIL ACTIONS AND
PROCEEDINGS IN BOTH TRIAL AND APPELLATE COURTS.