Maryland Statutes
Subtitle 1 - Maryland Environmental Service
Section 3-128 - Arbitration; Scope of Authority of Public Service Commission

(a)    If the Service and a municipality or person fail to reach agreement on rates, fees, or other charges to be exacted by the Service for a water supply or wastewater purification project, the Public Service Commission, on the petition of either party to the disagreement, shall assume jurisdiction for the purpose of arbitrating the disagreement. Its determination shall be final and binding on all parties concerned, subject to the right of any party to appeal the determination to the circuit court of any county within which the municipality or person is located, resides, or carries on business. In any appeal the decision of the Commission is prima facie correct and shall be affirmed unless clearly shown to be (1) in violation of constitutional provisions, or (2) made on unlawful procedure, or (3) arbitrary or capricious, or (4) affected by other error of law. It is the intention of this subtitle that judicial review in all instances includes the right to appeal to the Court of Special Appeals from the decision of the lower court. The provisions of this section and the jurisdiction of the Public Service Commission shall not apply to any rates, fees, or charges agreed to by contract between the Service and a municipality or person for a water supply or wastewater purification project.
    (b)    The Service may not be deemed to be a public service company within the meaning of the Public Utilities Article, and, except as provided in this section and in § 3–102(b) of this subtitle, the jurisdiction and powers of the Public Service Commission do not extend to the Service.

Structure Maryland Statutes

Maryland Statutes

Natural Resources

Title 3 - Environmental Programs

Subtitle 1 - Maryland Environmental Service

Section 3-101 - Definitions

Section 3-102 - Legislative Intent; Purpose; Construction

Section 3-103 - Established; Organization

Section 3-103.1 - Employees

Section 3-103.2 - Exemption From State Personnel Management System

Section 3-103.3 - Conflict of Interest Policy for Board Members -- Copies Supplied

Section 3-103.4 - Standard of Care for Board Members -- Severance Packages -- Diversity Officer -- Board Policies -- Annual Training -- Citation of Section

Section 3-103.5 - Recurring Assessment of Board's Operations -- Items Evaluated -- Assessment Posted on Website

Section 3-104 - Powers Generally; Corporate Existence

Section 3-105 - Responsibilities and Activities; Limitation Upon Powers

Section 3-106 - Creation and Continuation of Wastewater Purification and Solid Waste Disposal Service Regions and Districts; Five-Year Plans

Section 3-107 - Mandatory Agreement to Provide Requested Services

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

Section 3-109 - Projects to Be Provided Upon Direction of Secretary of the Environment

Section 3-110 - Pollution Abatement Projects to Be Provided Upon Directive of Secretary of the Environment; Costs and Operation of Projects

Section 3-111 - Duplicating or Using Projects Similar to Service Provided Projects

Section 3-112 - Authority to Issue Revenue Bonds and Determine Matters Relating Thereto

Section 3-113 - Provisions Applicable to All Bonds

Section 3-114 - Source of Payment of Bonds

Section 3-115 - Issuance of Refunding Bonds and Renewal Notes; Payment to Holders of Bonds and Notes

Section 3-116 - Interim Receipts, Temporary Bonds, Anticipation Notes, and Industrial Development Bonds

Section 3-117 - Trust Agreements; Disposition of Proceeds

Section 3-118 - Revenues -- in General

Section 3-119 - Revenues -- Trust Funds

Section 3-120 - Remedies of Bondholders and Trustees

Section 3-121 - Bonds and Notes Are Legal Investments

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

Section 3-123 - Service Exempt From Taxation; Bonds and Notes of Service Exempt From Taxation

Section 3-124 - Service Not Required to Give Bond or Suffer Liens; Assignment of Wages Not Binding on Service

Section 3-125 - Liens Created in Favor of Service or Municipality

Section 3-126 - Financial Affairs Generally

Section 3-127 - Rules and Regulations Generally

Section 3-128 - Arbitration; Scope of Authority of Public Service Commission

Section 3-129 - Violations and Penalties

Section 3-130 - Short Title