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Session Laws, 1987
Volume 769, Page 1471   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 306

Hygiene] THE ENVIRONMENT deems necessary to correct the improper
conditions.

(2)  Upon receipt of the directive from the Secretary
of [Health and Mental Hygiene] THE ENVIRONMENT, the Service shall
assume jurisdiction over the systems or works and make the
alterations, extensions, or new construction required to comply
with the directive of the Secretary of [Health and Mental
Hygiene] THE ENVIRONMENT. All costs, including legal fees
incidental to assuming jurisdiction over the system or works,
shall be charged to the municipality or person against which or
whom the order of the Secretary of [Health and Mental Hygiene]
THE ENVIRONMENT was issued.

(3)  Funds to pay the Service for costs incurred as a
result of actions taken under this subsection may be raised as
provided in Title 9 of the [Health - Environmental] ENVIRONMENT
Article. If the order was against a person, the Service shall
charge the person with the cost of making the necessary
improvements to comply with the directive of the Secretary of
[Health and Mental Hygiene] THE ENVIRONMENT. If the person fails
to pay within 60 days, the cost becomes a lien against the
property served if it is recorded and indexed as provided in this
subtitle, and the matter shall be referred to the Attorney
General for collection.

3-111.

(a)  Upon the failure of a person to comply with an order to
abate pollution provided for in Title 7, Subtitle 2 or Title 9,
Subtitle 3 of the [Health - Environmental] ENVIRONMENT Article,
the Secretary of [Health and Mental Hygiene] THE ENVIRONMENT, if
no remedy provided in Title 7, Subtitle 2 or Title 9, Subtitle 3
of the [Health - Environmental] ENVIRONMENT Article is sought
against that person, may direct the Service to provide projects
necessary to abate the pollution.

(b)  Upon receipt of the directive from the Secretary of
[Health and Mental Hygiene] THE ENVIRONMENT, the Service shall
provide the project necessary to abate the pollution, and the
person shall discharge or deliver his wastes only to a Service
project or avail himself of the projects provided by the Service
to abate the pollution. The cost of projects provided by the
Service to abate pollution under the terms of this section shall
be borne by the person against whom the order to abate pollution
was issued. That person and the Service shall determine by
agreement the costs, rental, charges, or other fees to be paid by
the person to the Service. If the fees and charges remain unpaid
for a period of 60 days, the unpaid amount becomes a lien against
the property served if it is recorded and indexed as provided in
this subtitle, and the matter shall be referred to the Attorney
General for collection.

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Session Laws, 1987
Volume 769, Page 1471   View pdf image
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