S.B. 893 VETOES
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.
If the fees and charges remain unpaid for a period of 60 days, the unpaid amount
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.
(c) All projects provided by the Service under this section remain under the
control and operation of the Service. It is unlawful for a person provided with projects by
the Service under this section to duplicate or use any other project serving the same
purpose.
(D) [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 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.
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