S.B. 893                                                   VETOES

(e) Unless otherwise agreed in a contract, contracts for projects shall be reviewed
at least biennially by the Service and by the other contracting party, but a contract may be
reviewed upon the request of either party at any time for the purpose of renegotiating
rates, fees, or other charges exacted by the Service.

3-109.

(a)     (1) Upon failure of a municipality to comply with an order of the Secretary
of the Environment to provide a sewerage system or refuse disposal works as provided for
in Title 9 of the Environment Article, the Secretary of the Environment shall direct the
Service to install or put into operation sewerage or refuse disposal facilities to satisfy the
requirements of the order.

(2)      [Upon] EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION,
UPON receipt of the directive from the Secretary of the Environment, the Service shall
proceed to install and put into operation sewerage or refuse disposal projects to comply
with the directive. Every cost the Service incurs to construct and operate the projects shall
be charged to the municipality against which the order is issued.

(3)     Funds to pay the Service for construction and operation of projects may
be raised under Title 9 of the Environment Article.

(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 § 3-107(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] EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION,
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.

- 3430 -