Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Subtitle 1 - Maryland Environmental Service
Section 3-101 - Definitions - (a) In this subtitle the following words and terms have...
Section 3-102 - Legislative Intent; Purpose; Construction - (a) To assist with the preservation, improvement, and management of...
Section 3-103 - Established; Organization - (a) (1) There is a body politic and corporate known...
Section 3-103.1 - Employees - (a) The staff of the Service shall consist of such...
Section 3-103.2 - Exemption From State Personnel Management System - Except as provided in § 3–103.1(c)(8) of this subtitle, the...
Section 3-103.3 - Conflict of Interest Policy for Board Members -- Copies Supplied - (a) On or before October 31, 2021, the Board shall...
Section 3-103.4 - Standard of Care for Board Members -- Severance Packages -- Diversity Officer -- Board Policies -- Annual Training -- Citation of Section - (a) Board members shall observe the same standard of care...
Section 3-103.5 - Recurring Assessment of Board's Operations -- Items Evaluated -- Assessment Posted on Website - (a) On or before December 31, 2021, and each December...
Section 3-104 - Powers Generally; Corporate Existence - (a) The Service has all powers necessary for carrying out...
Section 3-105 - Responsibilities and Activities; Limitation Upon Powers - (a) The Service is responsible for carrying out the following...
Section 3-106 - Creation and Continuation of Wastewater Purification and Solid Waste Disposal Service Regions and Districts; Five-Year Plans - (a) The Executive Director, after consultation with the Secretary of...
Section 3-107 - Mandatory Agreement to Provide Requested Services - (a) (1) Any municipality or person may request the Service...
Section 3-108 - Charges for Water Supply, Wastewater Purification and Solid Waste Disposal Projects or Services; Costs of Projects Generally; Procedure Upon Failure to Pay Costs - (a) (1) In calculating charges for water supply, wastewater purification,...
Section 3-109 - Projects to Be Provided Upon Direction of Secretary of the Environment - (a) (1) Upon failure of a municipality to comply with...
Section 3-110 - Pollution Abatement Projects to Be Provided Upon Directive of Secretary of the Environment; Costs and Operation of Projects - (a) Upon the failure of a person to comply with...
Section 3-111 - Duplicating or Using Projects Similar to Service Provided Projects - Except as provided in § 3-104 of this subtitle, or...
Section 3-112 - Authority to Issue Revenue Bonds and Determine Matters Relating Thereto - (a) The Service may provide by resolution, adopted by a...
Section 3-113 - Provisions Applicable to All Bonds - (a) If any officer whose signature or a facsimile of...
Section 3-114 - Source of Payment of Bonds - Except as may otherwise be expressly provided by the Service,...
Section 3-115 - Issuance of Refunding Bonds and Renewal Notes; Payment to Holders of Bonds and Notes - The Service may provide, by resolution adopted by a majority...
Section 3-116 - Interim Receipts, Temporary Bonds, Anticipation Notes, and Industrial Development Bonds - The Service, by resolution adopted by a majority of the...
Section 3-117 - Trust Agreements; Disposition of Proceeds - (a) Bonds and notes authorized to be issued under the...
Section 3-118 - Revenues -- in General - (a) The Service may fix, revise, charge, and collect rentals,...
Section 3-119 - Revenues -- Trust Funds - All money received by the Service as proceeds from the...
Section 3-120 - Remedies of Bondholders and Trustees - Any holder of bonds or notes issued under this subtitle...
Section 3-121 - Bonds and Notes Are Legal Investments - Bonds and notes issued under this subtitle are securities in...
Section 3-122 - Bonds or Notes Not to Be Deemed State or Local Debt; Fees or Charges to Pay Project Costs; Contracts With Counties or Municipal Corporations - (a) Bonds or notes issued under the provisions of this...
Section 3-123 - Service Exempt From Taxation; Bonds and Notes of Service Exempt From Taxation - The exercise of the powers granted by this subtitle is...
Section 3-124 - Service Not Required to Give Bond or Suffer Liens; Assignment of Wages Not Binding on Service - The Service may not be required to give any bond...
Section 3-125 - Liens Created in Favor of Service or Municipality - (a) Any lien created in favor of the Service or...
Section 3-126 - Financial Affairs Generally - (a) The Service may provide for the creation, continuation, and...
Section 3-127 - Rules and Regulations Generally - (a) Except as otherwise provided by this subtitle, the Service...
Section 3-128 - Arbitration; Scope of Authority of Public Service Commission - (a) If the Service and a municipality or person fail...
Section 3-129 - Violations and Penalties - Any person who violates any provision of this subtitle or...
Section 3-130 - Short Title - This subtitle shall be known as the “Maryland Environmental Service...
Subtitle 2 - Maryland Environmental Trust
Section 3-201 - Established; Purpose; Perpetual Existence - (a) There is a Maryland Environmental Trust established to conserve,...
Section 3-202 - Trustees -- Composition; Selection; Terms; Vacancies; Compensation; Ex Officio Trustees - (a) (1) A board of 19 trustees has and shall...
Section 3-203 - Powers and Duties of Trustees Generally - The trustees have the powers and duties to: (1) Receive...
Section 3-203.1 - Donation of Perpetual Conservation Easement - (a) When any person offers to donate a perpetual conservation...
Section 3-204 - Chair and Other Officers; Meetings; Quorum; Advisory Council - (a) The trustees shall elect from among the elected membership...
Section 3-205 - Director and Other Employees - The trustees may appoint a director of the Trust to...
Section 3-206 - Legal Counsel - The trustees may request and shall receive from the Attorney...
Section 3-207 - Transfer of Money or Property to Trust; Grants From Federal Government or Political Subdivisions of State - The State may pay money or transfer property to the...
Section 3-208 - Selling, Conveying, Assigning, and Leasing Property; Contracts - Subject to the limitations of § 3–207 of this subtitle,...
Section 3-209 - Subcommittees Appointed by Political Subdivisions of State - Each State political subdivision, by appropriate action of its respective...
Section 3-210 - Functions and Activities of Governor's Committee to Keep Maryland Beautiful Transferred to Trust - Any function or activity of the Governor’s Committee to Keep...
Section 3-211 - Construction of Subtitle - The provisions relating to the Trust do not limit the...
Subtitle 2A - Land Trust Grant Fund
Section 3-2A-01 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-2A-02 - Establishment; Uses; Reimbursement; Administration - (a) There is within the Department a Land Trust Grant...
Section 3-2A-03 - Funding - (a) All receipts designated for the Grant Fund shall be...
Section 3-2A-04 - Investments - (a) If, at any time, the amount of money in...
Section 3-2A-05 - Grants -- Authority; Conditions - (a) Subject to conditions necessary to carry out the purposes...
Section 3-2A-06 - Applications for Grants - (a) To apply for a grant, an applicant shall submit...
Section 3-2A-07 - Considerations and Prerequisites for Grants - (a) In making grants under this subtitle, the Trust shall...
Section 3-2A-08 - Property of Land Trust - (a) A land trust may, with the approval of the...
Section 3-2A-09 - Grants -- Terms and Conditions; Documents - (a) Except as provided in this subtitle, the Trust may...
Section 3-2A-10 - Grants -- Approval; Modification of Terms - (a) If the Trust approves the application, the Trust shall...
Section 3-2A-11 - Remedies for Violation of Grant Documents or Subtitle - If an applicant violates any provision of the grant documents...
Section 3-2A-12 - False Statements or Reports; Penalties for Violation of Subtitle - (a) A person may not knowingly make or cause to...
Section 3-2A-13 - Regulations - The Department shall adopt any regulations necessary to carry out...
Section 3-2A-14 - Annual Reports - (a) The Trust shall report on or before September 1...
Subtitle 3 - Power Plant Research Program
Section 3-301 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-302 - Environmental Trust Fund - (a) (1) There is an Environmental Trust Fund. (2) (i)...
Section 3-303 - Power Plant Environmental Research Program - (a) (1) The Secretary, in consultation with the Director of...
Section 3-303.1 - Solar Generation Facilities -- Pollinator-Friendly Designation - (a) The Department, in consultation with the Department of Agriculture,...
Section 3-304 - Long-Range Power Plant Site Evaluation of Needs, Proposed Sites, and Environmental Impact - In cooperation with the Public Service Commission, the Maryland Energy...
Section 3-305 - Power Plant Site Acquisition and Generator Lead Route Designation - (a) The expertise of the electric utilities in the basic...
Section 3-306 - Review of and Recommendation Concerning Applications for Certificate of Public Convenience and Necessity Associated With Power Plant Construction - (a) (1) Notwithstanding anything to the contrary in this article...
Section 3-306.1 - Use of Sites in Inventory Without Regard to Local Zoning Rule, Etc - In view of the safeguards provided by this subtitle through...
Section 3-307 - Judicial Review - Judicial review shall in all instances include the right to...
Subtitle 3A - Acid Deposition
Section 3-3A-01 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-3A-02 - Responsibilities of Director of Power Plant Siting and Research Program; Evaluations; Consultation With Interested Parties - (a) The Director of the Power Plant Siting and Research...
Section 3-3A-03 - Research and Monitoring Program - (a) The departments shall design and operate a comprehensive research...
Subtitle 4 - Center for Environmental Science
Section 3-401 - Designation of Purpose of Center - The University of Maryland Center for Environmental Science, a branch...
Section 3-402 - Supervision, Direction and Control of Center; Academic Rank and Faculty Status of Director and Staff - The University of Maryland Center for Environmental Science shall be...
Section 3-403 - Functions and Duties of Center; Research and Educational Program; Collection of Research Samples - (a) The University of Maryland Center for Environmental Science shall...
Subtitle 6 - Maryland Deepwater Port Siting Act
Section 3-601 - Purpose - The General Assembly finds and declares that the increasing energy...
Section 3-602 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-603 - Restriction on State Applicants - The Governor, a State agency or official may not represent...
Section 3-604 - Duties of Secretary of Natural Resources - In order to carry out the policy of this subtitle,...
Section 3-605 - State's Decision on Application Site - (a) If the State has qualified as an adjacent coastal...
Subtitle 9 - Northeast Maryland Waste Disposal Authority
Section 3-901 - Citation of Subtitle - This subtitle shall be known as the “Northeast Maryland Waste...
Section 3-902 - Purpose of Subtitle - For the benefit of the people of the State of...
Section 3-903 - Northeast Maryland Waste Disposal Authority - (a) (1) There is hereby created a body politic and...
Section 3-904 - Definitions - (a) As used in this subtitle, the words and terms...
Section 3-905 - Powers of Authority - (a) The Authority is granted and has and may exercise...
Section 3-906 - Source of Payment of Expenses - All expenses incurred in carrying out the provisions of this...
Section 3-907 - Authority to Issue Bonds - (a) The Authority is hereby authorized and empowered, by resolution,...
Section 3-908 - Execution of Bonds; Negotiable Instruments; Registration; Replacement - (a) In case any officer whose signature or a facsimile...
Section 3-909 - Refunding Bonds - (a) The Authority is hereby authorized to provide for the...
Section 3-910 - Temporary Bonds; Bond Anticipation Notes; Revenue Anticipation Notes; Revenue Bonds - The Authority is further authorized and empowered, by resolution: (a)...
Section 3-911 - Trust Agreement Securing Bonds - (a) Bonds may be secured by a trust agreement by...
Section 3-912 - Rates, Rentals, Fees, and Charges - (a) The rates, rentals, fees, and charges of the Authority...
Section 3-913 - Remedies of Bondholders and Trustees - Any holder of bonds or of any of the coupons...
Section 3-914 - Bonds Made Legal Investments - Bonds are hereby made securities in which all public officers...
Section 3-915 - Bonds Not Pledge of Full Faith and Credit and Taxing Power; Contracts Between Subdivision and Authority - The bonds shall not be deemed to constitute a debt,...
Section 3-916 - Exemption From Taxation - The exercise of the powers granted by this subtitle is...
Section 3-917 - Authority Not Required to Give Security for Costs; Liens; Assignments of Wages - The Authority shall not be required to give any bond...
Section 3-918 - Rules and Regulations; Payment by State or Agencies for Services - (a) Except as otherwise provided by this subtitle, the Authority...
Section 3-919 - Zoning or Planning Authority of Subdivision Not Affected; Authority Not Deemed Public Service Company; Contracts Between Subdivision and Maryland Environmental Service - (a) Nothing in this subtitle shall be construed to alter,...
Section 3-920 - Notice of Intention to Undertake Project; Adverse Finding by Subdivision - Prior to the acquisition, construction, leasing or installation of a...
Section 3-921 - Award of Contracts for Purchases - All purchases, including but not limited to contracts and orders...
Section 3-922 - Judicial Review - Judicial review of any action under this subtitle shall in...
Section 3-923 - Reports to Governor and Participating Counties; Financial Accounting; Annual Audit; State Audit - (a) Within the first ninety days of each fiscal year,...
Section 3-924 - Termination of Existence of Authority - The Authority and its corporate existence shall continue until terminated...
Section 3-925 - Severability - The provisions of this subtitle are severable, and if any...
Section 3-926 - Deeds and Releases Upon Payment of Bonds - When the principal of and interest on bonds of the...
Section 3-927 - Subtitle Supplemental and Additional - This subtitle shall be deemed to provide an additional and...
Section 3-928 - Liberal Construction - This subtitle, being necessary for the welfare of the State...
Subtitle 9A - Solid Waste Disposal Facilities
Section 3-9A-01 - Contracts by Certain Charter Counties for Solid Waste Disposal Facilities Authorized - (a) By resolution or ordinance of its legislative body, any...
Subtitle 10 - Sea Level Rise Inundation and Coastal Flooding
Part I - General Provisions
Section 3-1001 - Definitions - (a) In this subtitle the following words have the meanings...
Part II - Coast Smart Council
Section 3-1004 - Established; Staff - (a) There is a Coast Smart Council in the Department....
Section 3-1005 - Membership; Chair; Term; Compensation; Reimbursement for Expenses - (a) The Coast Smart Council shall include: (1) The Secretary...
Section 3-1006 - Duties; Subcommittees - (a) The Council shall: (1) Study and provide analysis regarding...
Part III - Coast Smart Design and Siting Criteria
Section 3-1009 - Siting and Design Criteria - (a) (1) This section applies to State and local capital...
Part IV - Saltwater Intrusion
Section 3-1012 - Saltwater Intrusion Adaptation Plan - (a) On or before December 15, 2019, the Department of...
Part V - State Mitigation
Section 3-1015 - Criteria to Evaluate Use of State Funds to Mitigate Hazards Associated With Sea Level Rise Inundation and Coastal Flooding - (a) The Board of Public Works, in conjunction with the...
Part VI - Nuisance Flooding
Section 3-1018 - Nuisance Flooding Plan - (a) On or before October 1, 2019, the Department of...