Ch. 196

1993 LAWS OF MARYLAND

instrumentalities, and with safeguards to protect the autonomy of the political
subdivisions and the rights of the private entities it serves. IT IS ALSO THE INTENT OF
THE GENERAL ASSEMBLY THAT THE INSTRUMENTALITY MAY NOT PARTICIPATE IN
COMPETITIVE BIDDING WITH THE PRIVATE SECTOR TO PROVIDE ITS SERVICES.

(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, OR 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 A PUBLIC
CORPORATION BY THAT NAME, STYLE, AND TITLE, 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:

(i) The director [and deputy director] shall be appointed by the
[Secretary of Natural Resources, with the approval of the] Governor, WITH THE
ADVICE AND CONSENT OF THE SENATE solely with regard to the qualifications for the
duties of the office. The director [and deputy director serve] SERVES at the pleasure of
the [Secretary of Natural Resources] BOARD WITH THE CONCURRENCE OF THE
GOVERNOR and shall receive [the] SUCH compensation [provided in the State budget]
AS MAY BE DETERMINED BY THE BOARD; and

(ii) The DEPUTY DIRECTOR, THE secretary and THE treasurer shall
be appointed by the [Secretary of Natural Resources,] DIRECTOR with the approval of
the Governor [and the advice and consent of the Senate] solely with regard to the

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