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Session Laws, 1993
Volume 772, Page 3431   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                         S.B. 893

(c)     (1) Upon the failure of a municipality or person to comply with an order of
the Secretary of the Environment to correct deficiencies on the operation of sewerage
systems or refuse disposal works as provided in Title 9 of the Environment Article, the
Secretary of the Environment shall direct the Service to take charge of and operate the
systems or works to secure the results demanded by the Secretary of the Environment.

(2)      [Upon] EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION,
UPON the receipt of the directive from the Secretary of the Environment, the Service
immediately shall take charge of and operate the systems or works to secure the results
set forth in the directive of the Secretary of the Environment. All costs for maintenance,
operation, and other services including legal fees incidental to taking possession of the
sewerage system or refuse disposal works shall be charged to the municipality or person
against which or whom the original order of the Secretary of the Environment was served.

(3)     Funds to pay the Service for services rendered under this subsection
shall be raised in the case of a municipality under Title 9 of the Environment Article. If
the order is issued against a person, the Service shall bill the person for the full cost of
services rendered. If payment is not made within 60 days, the costs become a lien against
the sewerage system or refuse disposal works if it is recorded and indexed as provided in
this subtitle, and the Director shall refer the matter to the Attorney General for
collection.

(d)     (1) Upon failure of a municipality or person to comply with an order of the
Secretary of the Environment to extend or alter a sewerage system or refuse disposal
works as provided in Title 9 of the Environment Article, the Secretary of the Environment
shall direct the Service to make alterations or extensions to the systems or works, or
install a new system or works as the Secretary of the Environment deems necessary to
correct the improper conditions.

(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
assume jurisdiction over the systems or works and make the alterations, extensions, or
new construction required to comply with the directive of the Secretary of the
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

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Session Laws, 1993
Volume 772, Page 3431   View pdf image
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