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Session Laws, 1989
Volume 771, Page 4435   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 815

(4) Upon terms satisfactory to the Service and the
municipality, the Service may enter into an agreement with the
municipality to continue to operate the sewerage system or refuse
disposal works installed by the Service under the provisions of
this subsection. In this event, the municipality shall enter into
a contract with the Service for the establishment of a service
district as provided in [§ 3-108(e)] § 3-107(E) of this subtitle.

(b)  (1) Upon failure of a person to comply with an order of
the Secretary of the Environment to abate pollution as provided
for in Title 9 of the Environment Article, the Secretary of the
Environment shall direct the Service to provide projects
necessary to abate the pollution.

(2)  Upon receipt of the directive from the Secretary
of the Environment, the Service shall provide the projects
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 subsection shall be borne by the person
against whom the order to the Secretary of the Environment was
issued. The 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 bills become a lien against the
property served, if it is recorded and indexed as provided in
this subtitle, and shall be referred to the Attorney General for
collection.

(3)  All projects provided by the Service under this
subsection remain under the control and operation of the Service.
It is unlawful for a person provided with projects by the Service
under this subsection to duplicate or use any other project
serving the same purpose.

(c)  (1) Upon the failure of a municipality or person to
comply with an order of the Secretary of the Environment to
correct deficiencies on the operation of sewerage systems or
refuse disposal works as provided in Title 9 of the Environment
Article, the Secretary of the Environment shall direct the
Service to take charge of and operate the systems or works to
secure the results demanded by the Secretary of the Environment.

(2) Upon the receipt of the directive from the
Secretary of the Environment, the Service immediately shall take
charge of and operate the systems or works to secure the results
set forth in the directive of the Secretary of the Environment.
All costs for maintenance, operation, and other services
including legal fees incidental to taking possession of the
sewerage system or refuse disposal works shall be charged to the
municipality or person against which or whom the original order
of the Secretary of the Environment was served.

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Session Laws, 1989
Volume 771, Page 4435   View pdf image
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