4118

LAWS OF MARYLAND

Ch. 767

(A)  (1) IF A PERSON HAS A BUILDING, CONDUIT, PIPE,
TRACK, OR OTHER PHYSICAL OBSTRUCTION ON A PUBLIC ROADWAY IN
PRINCE GEORGE'S COUNTY OR MONTGOMERY COUNTY THAT BLOCKS OR
IMPEDES THE WSSC SYSTEM, ON REASONABLE NOTICE FROM THE WSSC
THE PERSON SHALL PROMPTLY ADJUST, ACCOMMODATE, OR REMOVE THE
OBSTRUCTION AT THE PERSON'S EXPENSE AND IN A MANNER THAT
FULLY MEETS THE WSSC'S NEEDS.

(2) [and should the exigencies of any case
involve the taking, in the constitutional sense, of the
franchise or right in the exercise of which such
construction had its origin, the commission] THE WSSC [shall
be empowered to] MAY condemn an easement in [the] A
franchise or right IN ACCORDANCE WITH THE PROVISIONS OF §
1-202 OF THIS ARTICLE.

(B)  (1) [Every public service corporation, company or
individual, before it or they shall begin] BEFORE A PUBLIC
SERVICE CORPORATION OR A PERSON BEGINS any underground
construction in any [street, road, alley or public highway
within] PUBLIC ROADWAY IN the sanitary district, THE PUBLIC
SERVICE CORPORATION OR PERSON shall file with the
[commission] WSSC a [plan of such] construction PLAN THAT
SHOWS [showing] the location and depth in [such street,
road, alley or public highway] THE PUBLIC ROADWAY of the
proposed main, conduit, or pipe[; which plans must be
approved by the commission before such].

(2)  THE construction [is begun] MAY NOT BEGIN
BEFORE THE WSSC APPROVES THE PLANS[; and when approved no].

(3)  UNLESS THE WSSC APPROVES, A change [shall]
MAY NOT be made in the physical location of anything shown
[upon] ON the plan [except upon the approval of the
commission].

[Whenever any such underground main, conduit, or pipe
is put in without the filing of plans with the commission
and the approval thereof, or when any change is made in the
physical location of such underground main, conduit or pipe,
as shown upon the plans approved by the commission, or any
approved change therein, the commission may, when such
conduit, main or pipe interferes with the construction or
operation of its water and sewer systems, remove the same or
change the location thereof at the cost and expense of the
party so putting them in, or its successors, and without any
liability upon the part of the commission for damage that
might be done to the same by reason of the commission's
operations in constructing or maintaining its systems.]

(C)  (1) THE WSSC MAY REMOVE OR CHANGE THE LOCATION OF
A CONDUIT, MAIN, OR PIPE THAT INTERFERES WITH THE OPERATION
OF THE WSSC'S WATER AND SEWER SYSTEMS IF:

(I) THE CONDUIT, MAIN, OR PIPE IS
CONSTRUCTED WITHOUT THE APPROVAL OF THE WSSC; OR