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Statutes Text

Article - Environment




§9–505.

    (a)    In addition to the other requirements of this subtitle, each county plan shall:

        (1)    Provide for the orderly expansion and extension of the following systems in a manner consistent with all county and local comprehensive plans prepared under Title 1, Subtitle 4, Title 3, or Title 21 of the Land Use Article and § 10–324 of the Local Government Article:

            (i)    Community water supply systems and multiuse water supply systems;

            (ii)    Community sewerage systems and multiuse sewerage systems; and

            (iii)    Solid waste disposal systems and solid waste acceptance facilities;

        (2)    Provide for the sizing and staging of facilities construction that is consistent with the county plan;

        (3)    Show compliance with items (1) and (2) of this subsection by using graphic and tabular information;

        (4)    Provide:

            (i)    For sewage treatment facilities that are adequate to prevent the discharge of any inadequately treated sewage or other liquid waste into any waters; or

            (ii)    Otherwise for safe and sanitary treatment of sewage and other liquid waste;

        (5)    Provide for facilities that are adequate to treat, recover, or dispose of solid waste in a manner that is consistent with the laws of this State that relate to air pollution, water pollution, and land use;

        (6)    Contain adequate information about:

            (i)    The existing sewage treatment capacity in each drainage basin or sewage treatment plant service area in the county;

            (ii)    The present level of use of sewage treatment plants in each drainage basin; and

            (iii)    Projections for use of sewage treatment plant capacity based on:

                1.    Outstanding building permits and subdivision plats if the county has subdivision authority; or

                2.    Zoning commitments if the county does not have subdivision authority;

        (7)    Taking into account all relevant planning, zoning, population, engineering, and economic information and all State, regional, municipal, and local plans, describe, with all practical precision, those parts of the county that reasonably may be expected to be served in the next 10 years by any:

            (i)    Community water supply system;

            (ii)    Multiuse water supply system;

            (iii)    Community sewerage system;

            (iv)    Multiuse sewerage system;

            (v)    Solid waste disposal system; and

            (vi)    Solid waste acceptance facility;

        (8)    Set procedures for identifying and acquiring, on a time schedule that conforms to the time requirement in item (7) of this subsection, any rights–of–way or easements that are necessary for any:

            (i)    Community water supply system;

            (ii)    Multiuse water supply system;

            (iii)    Community sewerage system;

            (iv)    Solid waste disposal system; or

            (v)    Solid waste acceptance facility;

        (9)    Taking into account all relevant planning, zoning, population, engineering, and economic information and all State, regional, municipal, and local plans, describe, with all practical precision, any parts of the county in which it is not reasonably foreseeable to have service in the next 10 years by any:

            (i)    Community water supply system;

            (ii)    Multiuse water supply system;

            (iii)    Community sewerage system;

            (iv)    Multiuse sewerage system;

            (v)    Solid waste disposal system; and

            (vi)    Solid waste acceptance facility;

        (10)    Set a time schedule and a proposed method for financing the construction and operation of each planned:

            (i)    Community water supply system;

            (ii)    Multiuse water supply system;

            (iii)    Community sewerage system;

            (iv)    Solid waste disposal system; and

            (v)    Solid waste acceptance facility;

        (11)    Set forth the estimated cost of constructing and operating each planned:

            (i)    Community water supply system;

            (ii)    Multiuse water supply system;

            (iii)    Community sewerage system;

            (iv)    Solid waste disposal system; and

            (v)    Solid waste acceptance facility;

        (12)    Indicate:

            (i)    Any source of supply from the waters of this State;

            (ii)    The approximate amount of water to be withdrawn from the waters of this State; and

            (iii)    The quantity and quality of waste to be discharged into the waters of this State;

        (13)    Describe, in accordance with the provisions of this subtitle, each area in the county where:

            (i)    A community water supply system must be provided;

            (ii)    A multiuse water supply system may be installed and used;

            (iii)    An individual water supply system may be installed and used for an interim period until a planned community water supply system is available;

            (iv)    An individual water supply system may be installed and used indefinitely;

            (v)    A community sewerage system must be provided;

            (vi)    A multiuse sewerage system may be installed and used;

            (vii)    Except as provided in § 9–517 of this subtitle, an individual sewerage system may be installed and used for an interim period until a planned community sewerage system is available;

            (viii)    An individual sewerage system may be installed and used indefinitely;

            (ix)    A community solid waste disposal system must be provided; or

            (x)    A community solid waste acceptance facility must be provided for use by residents of the described area during an interim period until a planned community solid waste disposal system is available;

        (14)    Except as provided in § 9–515 of this subtitle, provide for amendment or revision of the county plan at least once every 2 years in accordance with a schedule adopted by the Department;

        (15)    Designate an appropriate agency of the county to be responsible for creating a workable plan:

            (i)    To keep the environment of the county free of solid waste, including litter; and

            (ii)    To prevent scenic pollution of both public and private property in the county;

        (16)    By July 1, 1987, treat each publicly owned community sewerage system as a separate entity for fiscal purposes within the local operating agency;

        (17)    Document compliance with and report on actions taken and plans to enforce §§ 12–605 and 12–606 of the Business Occupations and Professions Article;

        (18)    For a county with a population greater than 150,000 according to the latest Department of Planning projections, include a recycling plan by July 1, 2014 that:

            (i)    Provides for a reduction through recycling of at least 35% of the county’s solid waste stream by weight or submits adequate justification, including economic and other specific factors, as to why the 35% reduction cannot be met;

            (ii)    Provides for recycling of the solid waste stream to the extent practical and economically feasible, but in no event may less than a 15% reduction be submitted; and

            (iii)    Requires full implementation of the recycling plan by December 31, 2015; and

        (19)    For a county with a population less than 150,000 according to the latest Department of Planning projections, include a recycling plan by July 1, 2014 that:

            (i)    Provides for a reduction through recycling of at least 20% of the county’s solid waste stream or submits adequate justification, including economic and other specific factors, as to why the 20% reduction cannot be met;

            (ii)    Provides for recycling of the solid waste stream to the extent practical and economically feasible, but in no event may less than a 10% reduction be submitted; and

            (iii)    Requires full implementation of the recycling plan by December 31, 2015.

    (b)    A plan created under subsection (a)(15) of this section may include the use of prisoners from the State correctional system or from county jails or detention centers.

    (c)    The recycling reductions of 35% and 20% provided in subsection (a)(18) and (19) of this section are not intended to be the maximum percentage that a county can achieve. A county that can practically and economically achieve a higher rate of recycling is encouraged to submit a recycling plan for a higher percentage.

    (d)    If a county with a population less than 150,000 increases to a population of above 150,000, the county shall have 2 years to revise the recycling plan to be consistent with the recycling goals under subsection (a)(18) of this section.

    (e)    (1)    The governing bodies of 2 or more counties may adopt a regional recycling plan to comply with subsection (a)(18) or (19) of this section.

        (2)    A regional recycling plan which otherwise satisfies the requirements of this subtitle for each of the participating counties shall constitute the county recycling plan for each county which participates in the plan.



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