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PARRIS N. GLENDENING, Governor Ch. 407
included in BE CONSISTENT WITH the approved county water and sewerage plans adopted
in compliance with Title 9 of the Environment Article. The five-year plans shall designate
the existing facilities or portions that are to be transferred to the jurisdiction of the
Service; improvements to and extension of existing facilities; construction of new water
supply, wastewater purification, and solid waste disposal projects; proposed methods of
acquisition, ownership, and operation by the Service or by affected municipalities and
persons, or both together with anticipated expenditures, sources of revenue, and charges
for projects to be levied against municipalities [and], persons, AND PROPERTY; and
related matters the Service finds necessary or convenient.
(e) (1) The Service may adopt a five-year plan only after at least one public
hearing in each of the counties affected. At least 60 days before a hearing, the proposed
five-year plan shall be submitted for review and comment to each county, to each
municipality which owns or operates a public facility affected by the plan, and to the
Secretaries of Natural Resources and the Environment and the Director of Planning. A
five-year plan can be adopted by the Service only after it is submitted to and approved by
resolution of the governing body of each county and after consultation with the governing
body of each municipality which owns or operates a public facility affected by the plan, or
if the plan is not approved by each of the appropriate governing bodies within 120 days
following submission of the plan for approval of the governing bodies, after the plan is
approved by joint resolution of the General Assembly. If a joint resolution of the General
Assembly approving a five-year plan contains any amendments or modifications to the
plan, those amendments and modifications repeal the plan to the extent of any
inconsistency. The provisions of this subtitle do not authorize the Service to take any
action which would be inconsistent with the amendments or modifications without the
approval of the governing body of each county and after consultation with the governing
body of each municipality which owns or operates a public facility included within the
plan.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBTITLE, IF
ANY BONDS OR NOTES ISSUED BY THE SERVICE WITH RESPECT TO A PROJECT IN A
SERVICE AREA ARE OUTSTANDING AND UNPAID, ANY 5-YEAR PLAN, CONTRACT, OR
CHARGES RELATING TO A SERVICE DISTRICT OR PROJECT MAY NOT BE AMENDED,
TERMINATED, OR REDUCED, AS THE CASE MAY BE, WITHOUT THE WRITTEN
CONSENT OF THE SERVICE, AND ANY 5-YEAR PLAN, CONTRACT, OR CHARGES TO
THE SERVICE DISTRICT REMAIN IN FULL FORCE AND EFFECT SO LONG AS ANY SUCH
BONDS OR NOTES REMAIN OUTSTANDING AND UNPAID.
(f) Upon adoption of a five-year plan by the Service, service districts shall be
established in the manner and following the schedule set forth in the plan. Immediately
thereafter, the Service shall proceed with the acquisition, extension, and construction of
facilities set forth in the plan and assume jurisdiction over and provide for the
maintenance and operation of water supply, wastewater purification and solid waste
disposal projects included in the plan, for those projects within the service region and
districts placed under the jurisdiction of the Service by the plan.
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