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Ch. 397
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LAWS OF MARYLAND
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1272
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REDUCE AIR POLLUTION, CONGESTION, TRAFFIC HAZARDS, AND ACCIDENTS;
TO ENCOURAGE THE USE OF PUBLIC TRANSPORTATION BY THE CONTRIBUTION
BY THE COUNTY OF CAPITAL AND OPERATING FUNDS TO ENABLE
TRANSPORTATION TO BE PROVIDED AT THE LOWEST COST TO ALL CITIZENS,
ESPECIALLY THE INDIGENT; AND TO PROMOTE THE GENERAL WELFARE BY
CONDUCTING A COMPREHENSIVE TRANSPORTATION SYSTEM.
(2) EACH CODE COUNTY HAS THE AUTHORITY TO GRANT ONE
OR MORE FRANCHISES FOR A TRANSPORTATION SYSTEM ON AN EXCLUSIVE OR
NONEXCLUSIVE BASIS, TO IMPOSE FRANCHISE FEES, TO ESTABLISH
CERTAIN RATES, TO ESTABLISH RULES, REGULATIONS, AND LICENSING
REQUIREMENTS TO GOVERN THE OPERATION OF THE FRANCHISES, TO
PROVIDE FOR THE ENFORCEMENT OF ANY SUCH MEASURE, AND TO CONDUCT A
PUBLIC TRANSPORTATION SYSTEM ON AN EXCLUSIVE BASIS, INCLUDING THE
ESTABLISHMENT OF RULES, REGULATIONS, AND RATES, NOTWITHSTANDING
ANY ANTICOMPETITIVE EFFECT.
(B) (1) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY OF
THE STATE TO AUTHORIZE EACH CODE COUNTY TO SUPPLANT DISPLACE OR
LIMIT COMPETITION IN THE AREA OF WATER AND SEWERAGE SYSTEMS,
WASTE COLLECTION SERVICE AND WASTE DISPOSAL SERVICES IN ORDER TO
ASSURE DELIVERY OF ADEQUATE, ECONOMICAL, AND EFFICIENT SERVICES
TO ITS CITIZENS, TO AVOID DUPLICATION OF FACILITIES, TO PROVIDE
FOR THE HEALTH AND SAFETY OF ITS CITIZENS, TO CONTROL DISEASE, TO
PREVENT BLIGHT AND OTHER ENVIRONMENTAL DEGRADATION, TO PROMOTE
THE GENERATION OF ENERGY AND THE RECOVERY OF USABLE RESOURCES
FROM WASTE; TO UTILIZE EFFICIENTLY THE PUBLIC RIGHT-OF-WAY; TO
PROTECT LIMITED NATURAL RESOURCES FOR THE BENEFIT OF THE CITIZENS
OF THE COUNTY, TO LIMIT WASTE, NOXIOUS ODORS, AND UNSIGHTLY
GARBAGE AND DECAY; AND TO PROMOTE THE GENERAL HEALTH AND WELFARE
BY PROVIDING FOR ADEQUATE WATER AND SEWERAGE SYSTEMS, WASTE
COLLECTION SERVICES, AND WASTE DISPOSAL SERVICES.
(2) (I) EACH CODE COUNTY 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 CODE COUNTY HAS THE
ENABLING AUTHORITY GRANTED BY ANY OTHER LAW TO OPERATE WATER AND
SEWERAGE SYSTEMS, WASTE AND COLLECTION SERVICES, OR WASTE
DISPOSAL SERVICES, SUCH SERVICES SYSTEMS SHALL BE OPERATED BY
SUCH COUNTY WITHOUT REGARD TO ANY ANTICOMPETITIVE EFFECT.
(3) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY
OF THE STATE THAT EACH CODE COUNTY 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.
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