Ch. 815

LAWS OF MARYLAND

subtitle to provide for dependable, effective, and efficient
water supply and purification and disposal of liquid and solid
wastes, to encourage reductions in the amount of waste generated
and discharged to the environment AND THE GENERATION OF ENERGY
AND THE RECOVERY OF USEABLE RESOURCES FROM SUCH WASTE TO THE
EXTENT PRACTICABLE; and to serve its political subdivisions and
economic interests. For these purposes, the General Assembly
creates an instrumentality of the State constituted as a body
politic and corporate to provide water supply and waste
purification and disposal services in compliance with State laws,
regulations, and policies governing air, land, and water
pollution to public and private instrumentalities, and with
safeguards to protect the autonomy of the political subdivisions
and the rights of the private entities it serves.

(b)  This subtitle shall be liberally construed to effect
its purposes. However, nothing contained in it shall restrict any
control which the Departments of the Environment and Natural
Resources, or of their units, are empowered to exercise over any
water supply, wastewater purification or solid waste disposal
project authorized by this subtitle, except as provided in §
3-103(i) of this subtitle; nor interfere with or affect the
operation of existing wastewater purification, water supply, or
solid waste disposal projects found by the Secretary of the
Environment to be adequately and lawfully operated by
municipalities having jurisdiction or responsibility for them,
except by their express consent and agreement.

(c)  Nothing in this subtitle shall be construed to alter,
change, modify, or restrict the zoning or land use planning
authority of any municipality or public instrumentality OR CAUSE
A MUNICIPALITY OR PUBLIC INSTRUMENTALITY TO TAKE ACTION
INCONSISTENT WITH THE COUNTY SOLID WASTE MANAGEMENT PLAN REQUIRED
UNDER TITLE 9, SUBTITLE 5 OF THE ENVIRONMENT ARTICLE.

3-103.

(a)  There is a body politic and corporate known as the
"Maryland Environmental Service." The Service is constituted as
an instrumentality of the State, and the exercise by the Service
of the powers conferred by this subtitle is the performance of an
essential governmental function of the State. For the purpose of
executive organization, the Service is a unit in the Department
of Natural Resources, and the exercise of all powers and
functions of the Service are subject to the authority of the
Secretary of Natural Resources. However, the Secretary's
authority to transfer functions, staff, or funds set forth in
Title 1 of this article, is not applicable to the Service.

(b)  (1) There are four officers of the Service: a director,
a deputy director, a secretary, and a treasurer. The four
officers of the Service shall be appointed as follows:

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