WILLIAM DONALD SCHAEFER, Governor

Ch. 196

(2)     (i) A county or municipal corporation may limit its obligations under
contracts with the Service to a specific source of funds including revenues of its publicly
operated or publicly contracted solid waste collection or disposal system.

(ii) The governing body of a county or municipal corporation may, by
ordinance or resolution, impose reasonable rates and charges for publicly operated or
publicly contracted solid waste collection, treatment, or disposal sufficient to defray
expenses of its publicly operated or publicly contracted solid waste collection, treatment,
or disposal system, including amounts due under a contract with the Service and the
funding of reserves.

(iii) The ordinance or resolution may establish a reasonable basis for
setting the rates and charges, and a schedule of rates and charges, and may designate
solid waste collection, treatment, or disposal service areas within the county or municipal
corporation, provided the county or municipal corporation is operating its own collection,
treatment, or disposal service or has contracted out those services.

(iv) The ordinance or resolution may provide that the rates and
charges are chargeable against all or part of the occupied lots or parcels of land in the
county or municipal corporation or in service areas established by the county or municipal
corporation and constitute a first lien on such property and may establish reasonable
times and methods for collection of the rates or charges, which may be levied and
collected and have the same priority and rights and bear the same interest and penalties
and in every respect be treated the same as taxes of the county or municipal corporation.

(v) The county or municipal corporation may modify the amount of
the rates and charges by a resolution of its governing body or by other action authorized
by the ordinance or resolution imposing the rates and charges.

(vi) Before setting or modifying the rates and charges, the county or
municipal corporation shall give notice of the proposed rates or charges in at least one
newspaper of general circulation in the county or municipal corporation and hold a public
hearing on the necessity or advisability of the proposed rates or charges.

(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 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.

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