Oh. 196

1993 LAWS OF MARYLAND

Environment. All costs, including legal fees incidental to assuming jurisdiction over the
system or works, shall be charged to the municipality or person against which or whom
the order of the Secretary of the Environment was issued,

(3) Funds to pay the Service for costs incurred as a result of actions taken
under this subsection may be raised as provided in Title 9 of the Environment Article, If
the order was against a person, the Service shall charge the person with the cost of
making the necessary improvements to comply with the directive of the Secretary of the
Environment. If the person fails to pay within 60 days, the cost becomes a lien against the
property served if it is recorded and indexed as provided in this subtitle, and the matter
shall be referred to the Attorney General for collection.

(E) (1) IN THE EVENT THE SERVICE DETERMINES, AT ANY TIME, THAT IT
WILL BE UNABLE TO RECOUP ALL OR A PORTION OF ITS COSTS FROM THE
MUNICIPALITY OR PERSONS SUBJECT TO THE ORDER OF THE SECRETARY OF THE
ENVIRONMENT, THE SERVICE SHALL PROVIDE TO THE SECRETARY A FULL
ACCOUNTING OF ALL COSTS INCURRED OR ANTICIPATED TO BE INCURRED BY IT IN
COMPLYING WITH THE SECRETARY'S DIRECTIVE.

(2) WITHIN 30 DAYS OF RECEIPT OF THE ACCOUNTING, THE SECRETARY
MAY REQUEST THAT THE SERVICE PROVIDE ADDITIONAL INFORMATION.

(3) WITHIN 90 DAYS OF RECEIPT OF THE ACCOUNTING OR, WHEN
APPLICABLE, THE ADDITIONAL INFORMATION, THE STATE SHALL PAY TO THE
SERVICE THE FULL AMOUNT OF THE SERVICE'S COSTS THAT ARE NOT PAID OR
REASONABLY EXPECTED TO BE PAID BY THE MUNICIPALITY OR PERSONS.

(4) (I) THE STATE'S PAYMENT OF ANY AMOUNT TO THE SERVICE DOES
NOT PRECLUDE THE STATE FROM SEEKING OR OBTAINING REIMBURSEMENT FROM THE
MUNICIPALITY OR PERSONS SUBJECT TO THE ORDER OF THE SECRETARY.

(II) THE SERVICE SHALL COOPERATE FULLY WITH THE SECRETARY IN
SEEKING REIMBURSEMENT FROM THE MUNICIPALITY OR PERSONS.

3-110.

(a)     Upon the failure of a person to comply with an order to abate pollution
provided for in Title 7, Subtitle 2 or Title 9, Subtitle 3 of the Environment Article, the
Secretary of the Environment, if no remedy provided in Title 7, Subtitle 2 or Title 9,
Subtitle 3 of the Environment Article is sought against that person, may direct the Service
to provide projects necessary to abate the pollution.

(b)      [Upon] EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION,
UPON receipt of the directive from the Secretary of the Environment, the Service shall
provide the project 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 section shall be borne by the person against whom the
order to abate pollution was issued. That person and the Service shall determine by
agreement the costs, rental, charges, or other fees to be paid by the person to the Service.

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