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Ch. 397
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1266
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LAWS OF MARYLAND
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GENERAL HEALTH AND WELFARE BY PROVIDING FOR ADEQUATE WATER AND
SEWERAGE SYSTEMS, WASTE COLLECTION SERVICES, AND WASTE DISPOSAL
SERVICES.
(2) (I) EACH MUNICIPAL CORPORATION HAS THE AUTHORITY
TO GRANT ONE OR MORE FRANCHISES OR ENTER INTO CONTRACTS FOR WATER
AND SEWERAGE SYSTEMS, WASTE COLLECTION SERVICES, AND WASTE
DISPOSAL SERVICES ON AN EXCLUSIVE OR NONEXCLUSIVE BASIS TO ANY
PERSON, TO IMPOSE FRANCHISE FEES, TO ESTABLISH CERTAIN RATES AND
CHARGES, AND TO ESTABLISH RULES, REGULATIONS, AND LICENSING
REQUIREMENTS, AND TO PROVIDE FOR THE ENFORCEMENT OF ANY SUCH
MEASURE NOTWITHSTANDING ANY ANTICOMPETITIVE EFFECT.
(II) IN THE EVENT THAT ANY MUNICIPAL
CORPORATION HAS THE ENABLING AUTHORITY GRANTED BY ANY OTHER LAW
TO OPERATE WATER AND SEWERAGE SYSTEMS, WASTE COLLECTION SERVICES;
AND WASTE DISPOSAL SERVICES, SUCH SYSTEMS AND SERVICES SHALL BE
OPERATED BY THE MUNICIPALITY WITHOUT REGARD TO ANY
ANTICOMPETITIVE EFFECT.
(3) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY
OF THE STATE THAT EACH MUNICIPAL CORPORATION IS DIRECTED AND
AUTHORIZED TO EXERCISE ALL POWERS REGARDING WASTE COLLECTION AND
DISPOSAL NOTWITHSTANDING ANY ANTICOMPETITIVE EFFECT. THIS
SUBSECTION DOES NOT APPLY TO ANY PORTION OF A GENERATOR'S WASTE
WHICH IS DIRECTED BY THE GENERATOR TO A SPECIFIC FACILITY FOR
REUSE, RECLAMATION OR RECYCLING, OR FOR DISPOSAL ON ITS OWN
PROPERTY.
(C) (1) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY OF
THE STATE TO AUTHORIZE EACH MUNICIPAL CORPORATION TO SUPPLANT
DISPLACE OR LIMIT COMPETITION IN THE AREA OF PORT REGULATION
UNDERTAKEN BY A BOARD OF PORT WARDENS PURSUANT TO SECTION 23A(I)
OF ARTICLE 23A, TO PROVIDE FOR SAFE HARBORS, FREE OF CONGESTION
AND NAVIGATIONAL HAZARDS, TO PROVIDE BENEFITS TO MUNICIPAL
CITIZENS BY PROTECTING MARINE LIFE AND WILDLIFE, AND TO AVOID
WATER POLLUTION AND EROSION.
(2) EACH MUNICIPAL CORPORATION HAS THE AUTHORITY TO
GRANT ONE OR MORE FRANCHISES OR ENTER INTO CONTRACTS FOR THE
PLACEMENT, ERECTION OR CONSTRUCTION OF STRUCTURES WITHIN OR ON
THE WATERS OF THE MUNICIPALITY, INCLUDING BUT NOT LIMITED TO THE
ISSUING OF LICENSES FOR WHARVES OR PIERS, OR THE ISSUING OF
PERMITS FOR MOORING PILES, FLOATING WHARVES, BUOYS OR ANCHORS
NOTWITHSTANDING ANY ANTICOMPETITIVE EFFECT.
(D) (1) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY OF
THE STATE TO AUTHORIZE EACH MUNICIPAL CORPORATION TO SUPPLANT
DISPLACE OR LIMIT COMPETITION IN THE AWARD OF CONCESSIONS ON,
OVER OR UNDER PROPERTY OWNED, OR LEASED, BY THE MUNICIPALITY AND
IN THE LEASING OR SUBLEASING OF PROPERTY OWNED OR LEASED BY THE
MUNICIPALITY IN ORDER TO UTILIZE PROPERLY THE ASSETS OF THE
MUNICIPALITY FOR THE BEST PUBLIC PURPOSE; TO PROVIDE NECESSARY OR
DESIRABLE GOVERNMENTAL SERVICES AT THE LOWEST POSSIBLE COST; TO
PROTECT THE PUBLIC FROM UNSCRUPULOUS BUSINESS PRACTICES AND
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