(a)   The Director, after consultation with the Secretary of Natural
Resources, the Secretary of the Environment, the Director of Planning,
and the municipalities affected, shall determine appropriate boundaries
for water supply service regions, wastewater purification service
regions, and solid waste disposal service regions. Service regions
shall be based upon needs set forth in, and provide integration of,
approved State-county master plans for water and sewerage or solid
waste disposal, adopted pursuant to the Environment Article, but also
may take account of other plans and studies.
  (b)   As soon as possible after the determination of appropriate boundaries,
the Director, after consultation with the municipalities affected,
shall establish priorities for designating water supply service
regions, wastewater purification service regions, and solid waste
disposal service regions and formally designate the regions.
  (c)   Identical service regions need not be designated for water supply,
wastewater purification and solid waste disposal projects. No part of
the State may be included in more than one of these service regions.
  (d)   As soon as possible after designation of a service region, the Service
shall cause surveys, plans, studies, and estimates to be made, and
after consultation with the municipalities located within the service
region, prepare a five-year plan for each service region for the most
effective and economical means of providing water supply, wastewater
purification and solid waste disposal projects. In preparing a
five-year plan, the Service shall consider the effects of public
versus private ownership of water and wastewater facilities upon the
provision of dependable, effective, and efficient water and wastewater
services. Except as required by an order of the Secretary of the
Environment under § 3-109 or § 3-110 of this subtitle, the
five-year plans shall 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, 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.
  (g)   The Service may enter into contracts with municipalities and persons
within a service district and stipulate the projects to be provided,
the amount of compensation for acquiring existing projects, the charges
to be apportioned to the municipalities and persons, the manner of
repaying the Service for these charges, and the effective date or dates
the Service will initiate the provision of projects.
  (h)   Existing projects providing water supply, wastewater purification and
solid waste disposal services, including all rights, easements,
laboratory facilities, vehicles, records and all other property,
equipment, and furnishings necessary and normally associated with the
operation of the facility, shall be transferred to the sole ownership
of the Service at the time designated in the five-year plan.
Compensation for existing projects may be based on the original cost of
the project minus an allowance for depreciation, or on other terms and
conditions satisfactory to the municipality or person transferring the
project. All costs and obligations assumed by the Service incidental to
the transfer of ownership of an existing project shall be included in
the charges apportioned to the service district.
  (i)   The Service shall review, update, and readopt the five-year plan for
each service region biennially after review by the municipalities and
persons concerned. The five-year plan may be updated and readopted by
the Service only after at least one public hearing in each of the
counties affected. Upon updating and readopting, the Service shall take
the actions necessary to implement the revised plan.
  (j)   The Service by formal action, and after consultation with the
municipalities affected, may extend the boundaries of service regions
or districts, combine two or more service regions or districts or parts
thereof and combine, abandon, extend, enlarge, improve, or make any
other modification of projects serving one or more service districts,
but no change may diminish any existing level of service rendered to
the district or districts concerned.
  (k)   Within a wastewater purification service district, the Service is
responsible for the purification and disposal of liquid waste as set
forth in the five-year plan, including the residue resulting from
purification, that is delivered to the Service projects through the
sewer pipes of any municipality or person in the Service district,
except that the Service may exclude or require preconditioning of any
waste that might otherwise be harmful to structures or purification
processes or endanger the health or safety of workers. Within the
Service district no municipality or person may discharge liquid waste
onto the surface of the ground or into the waterways of the State
except through the projects of the Service or of a municipality or
person designated by the plan or under reasonable conditions the
Service stipulates.
  (l)   Within a solid waste disposal service district the Service is
responsible for the disposal of solid wastes as set forth in the
five-year plan. Within the service district no municipality or person
may dispose of solid wastes except through the projects of the Service
or of a municipality or person designated by the plan, or under
reasonable conditions the Service stipulates.
  (m)   Within a water supply service district, the Service shall be
responsible for supply and distribution of water as set forth in the
five-year plan.
  (n)   With the consent of the county or municipal corporation in which a
project is to be located, the Service may implement a project not
provided for in the five-year plan adopted under this subtitle,
service region, or service district established under this section or
if no five-year plan, service region, or service district has been
established.
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