Ch. 612

LAWS OF MARYLAND

(1)  AS A CONDITION PRECEDENT TO THE ISSUANCE BY THE
DEPARTMENT SECRETARY OF A PERMIT FOR A LANDFILL UNDER THIS
SUBTITLE, THE COUNTY OR MUNICIPAL CORPORATION WITH JURISDICTION
OVER THE LANDFILL MAY REQUIRE THE OWNER OF THE SITE WHERE THE
LANDFILL IS TO BE LOCATED TO GRANT AN OPTION FOR THE COUNTY OR
MUNICIPAL CORPORATION TO PURCHASE THE SITE FOR OPEN SPACE OR
RECREATIONAL PURPOSES.

(2)  AN OPTION REQUIRED UNDER THIS SUBSECTION EXPIRES
ON THE EARLIER OF:

(I)  THE DATE SPECIFIED IN THE OPTION; OR

(II)  THE DATE WHEN THE LANDFILL CEASES TO BE
ACTIVELY USED.

(B)  RIGHTS OF THE STATE.

(1)  IF THE COUNTY OR MUNICIPAL CORPORATION WITH
JURISDICTION OVER THE LANDFILL DOES NOT REQUIRE AN OPTION UNDER
SUBSECTION (A) OF THIS SECTION, THE STATE MAY REQUIRE AN OPTION

FOR THE STATE TO PURCHASE THE SITE FOR OPEN SPACE OR RECREATIONAL
PURPOSES.

(2)  IF THE COUNTY OR MUNICIPAL CORPORATION WITH
JURISDICTION OVER THE LANDFILL REQUIRES BUT DOES WILL NOT
EXERCISE AN OPTION UNDER SUBSECTION (A) OF THIS SECTION, THE
STATE MAY EXERCISE THE OPTION.

(C)  OPTION BINDS HEIRS, REPRESENTATIVES, SUCCESSORS, AND
ASSIGNS OF GRANTOR.

ANY OPTION GRANTED UNDER THIS SECTION IS BINDING ON ANY
HEIR, REPRESENTATIVE, SUCCESSOR, OR ASSIGN OF THE GRANTOR.

REVISOR'S NOTE: This section is new language derived
without substantive change from former HE § 9-213(b).

In subsections (a) and (b) of this section, the
references to "municipal corporation" are substituted
for the former references to "municipality" to conform
to the language used in Md. Constitution Art. XI-E.

Also in subsections (a) and (b) of this section, the
phrase "with jurisdiction over the landfill" is
substituted for the former clause "exercising
responsibility for the landfill", for clarity.

In subsection (a)(1) of this section, the   reference   to

"Secretary" is substituted for the former   reference   to

"Department" to conform to the wording of   § 9-204     of
this subtitle.

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