WILLIAM DONALD SCHAEFER, Governor Ch. 815

(VII)  THE COUNTY OR MUNICIPAL CORPORATION MAY
ENTER INTO A RATE COVENANT WITH THE SERVICE SPECIFYING THE LEVEL
OF THESE RATES AND CHARGES, THE COVENANTS DESCRIBED IN § 3-104(M)
OF THIS SUBTITLE, AND OTHER COVENANTS OF THE COUNTY OR MUNICIPAL
CORPORATION TO PROVIDE SOLID WASTE COLLECTION, TREATMENT, OR
DISPOSAL SERVICE AND ASSURE THAT SUFFICIENT REVENUES ARE
AVAILABLE TO PROVIDE FOR THE PAYMENTS DUE UNDER THE CONTRACT.

(VIII)  THE POWERS GRANTED BY THIS SECTION ARE
IN ADDITION TO OTHER POWERS OF A COUNTY OR MUNICIPAL CORPORATION
GRANTED UNDER LAW AND MAY NOT BE RESTRICTED BY ANY DEBT OR TAX
RATE LIMITATION IN ANY GENERAL LAW, LOCAL LAW, OR CHARTER
PROVISION.

(IX)  RATES AND CHARGES IMPOSED UNDER THIS
SECTION ARE NOT SUBJECT TO THE JURISDICTION OF ANY COUNTY,
AUTHORITY, OR OTHER UNIT OF GOVERNMENT ENTITY OTHER THAN THE
SERVICE OR THE CONTRACTING MUNICIPALITY.

(3) ANY CONTRACT BETWEEN THE SERVICE AND A
MUNICIPALITY SHALL BE VALID, BINDING, AND ENFORCEABLE AGAINST THE
MUNICIPALITY IF IT IS APPROVED BY RESOLUTION OF THE GOVERNING
BODY OF THE MUNICIPALITY.

(4)(I) A COUNTY OR MUNICIPAL CORPORATION MAY BY
RESOLUTION REQUIRE THE DELIVERY OF ALL OR ANY PORTION OF THE
SOLID WASTE GENERATED OR DISPOSED OF WITHIN THE COUNTY OR
MUNICIPAL CORPORATION TO FACILITIES DESIGNATED BY THE COUNTY OR
MUNICIPAL CORPORATION AND LOCATED IN THE COUNTY OR MUNICIPAL
CORPORATION OR TO FACILITIES LOCATED OUTSIDE OF THE COUNTY OR
MUNICIPAL CORPORATION IF THE COUNTY OR MUNICIPAL CORPORATION HAS
CONTRACTED FOR CAPACITY AT OR SERVICE FROM THE FACILITIES.

(II) HOWEVER, RECYCLABLE MATERIAL WHICH HAS
BEEN REMOVED OR SEGREGATED FROM SOLID WASTE AT THE SOURCE OR
GENERATION OF THE SOLID WASTE MAY BE DISPOSED OF AT ANY
FACILITIES WHICH ACCEPT AND PROCESS SUCH RECYCLABLE MATERIAL.

(III) A COUNTY OR MUNICIPAL CORPORATION MAY
PROVIDE IN THE RESOLUTION THAT IT IS UNLAWFUL FOR ANY PERSON TO
DISPOSE OF SOLID WASTE IN OR AT ANY OTHER PLACE.

(IV) A COUNTY OR MUNICIPAL CORPORATION MAY
IMPOSE A CIVIL PENALTY OF $1,000 FOR THE FIRST VIOLATION OF ANY
SUCH RESOLUTION AND $5,000 FOR EACH SUBSEQUENT VIOLATION.

(V) A COUNTY OR MUNICIPAL CORPORATION MAY

FURTHER PROVIDE IN THE RESOLUTION THAT VIOLATION OF THE

RESOLUTION SHALL RESULT IN REVOCATION OF THE LICENSE OF THE
VIOLATOR TO COLLECT OR DISPOSE OF SOLID WASTE WITHIN THE
BOUNDARIES OF THE COUNTY OR MUNICIPAL CORPORATION.

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