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<section article="gen" article_name="Environment" number="9-665" title_number="9" title_name="Water, Ice, and Sanitary Facilities" subtitle_number="6" subtitle_name="Sanitary Commissions">
  <level label="a">
    <level label="1">
      <text>In accordance with this section, a district may buy an existing municipal system or independent system.</text>
    </level>
    <level label="2">
      <text>The purchase may be on any terms that are:</text>
      <level label="i">
        <text>In accordance with this subtitle; and</text>
      </level>
      <level label="ii">
        <text>Agreed on by the sanitary commission and the owner of the municipal system or independent system.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>In Worcester County, notwithstanding any other provision of this article or any regulation adopted under this article, an agreement to purchase an independent system may include long-term commitments by the Sanitary Commission of Worcester County or the County Commissioners of Worcester County to provide water and sewer service to, and maintain appropriate zoning, development, permits, and other land use regulations for, land within the previous franchise area of the independent system at any terms and conditions that the Sanitary Commission or the County Commissioners determines to be appropriate.</text>
      </level>
      <level label="ii">
        <text>For the purposes of this paragraph (3) of this subsection, the County Commissioners of Worcester County may make long-term commitments concerning zoning, development, permits, or other land use regulations. Also, the Sanitary Commission of Worcester County may make long-term commitments to provide for water or sewer service.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Except for a nominal amount to bind the agreement, before the district pays any part of the purchase price, the seller of the municipal system or independent system shall provide the sanitary commission with a verified written statement that gives the name and address of each person who has any interest in, or claim against, any property of the municipal system or independent system.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>By personal delivery or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the sanitary commission shall give notice of its intention to buy the system to each person named in the verified statement provided under subsection (b) of this section.</text>
    </level>
    <level label="2">
      <text>At least 3 weeks before a purchase is made under this section, the sanitary commission shall publish, in each member county where the system to be bought is located, a notice of its intention to buy a system. The notice shall be published in each member county in at least 1 newspaper of general circulation in the county.</text>
    </level>
    <level label="3">
      <text>In each notice delivered, mailed, or published under this subsection, the sanitary commission shall include a date on which the sanitary commission will hear persons who have an interest in or claim against any property of the municipal system or independent system.</text>
    </level>
  </level>
  <level label="d">
    <text>On or before the date specified in the notice, each person who has a claim against any property of a municipal system or independent system shall file with the sanitary commission notice of that claim.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>On the date specified in the notice, the sanitary commission shall hold a hearing to determine the claim of any person who has filed a notice of claim with the sanitary commission.</text>
    </level>
    <level label="2">
      <text>The sanitary commission’s decision on the claim is final.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>By exercise of the power of eminent domain as provided in Title 12 of the Real Property Article, the district may acquire rights in an independent system if the owner of the independent system:</text>
      <level label="i">
        <text>Has rejected an offer made under this section; or</text>
      </level>
      <level label="ii">
        <text>Has not accepted, within 90 days of the offer, an offer made under this section.</text>
      </level>
    </level>
    <level label="2">
      <text>The district may not acquire a municipal system under the power of eminent domain.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>When the district has paid the purchase price or condemnation award:</text>
      <level label="i">
        <text>The rights of the district with respect to the acquired system are the same as if the district had itself built that system; and</text>
      </level>
      <level label="ii">
        <text>Except as otherwise provided in this subsection, all parcels of property served by the acquired system are subject to the provisions of this subtitle as if the district had itself built the system.</text>
      </level>
    </level>
    <level label="2">
      <text>A person whose parcel was connected properly to a municipal system or independent system at the time the district acquired that system is not required to pay a connection charge to the district for connection to that parcel.</text>
    </level>
  </level>
  <level label="h">
    <text>A municipality may use funds received from the district under this section:</text>
    <level label="1">
      <text>To redeem, buy, or pay the principal and interest on bonds issued for the municipal system; and</text>
    </level>
    <level label="2">
      <text>To pay any other debt outstanding against the municipal system.</text>
    </level>
  </level>
  <level label="i">
    <text>This section does not authorize the acquisition of any part of a municipal system or independent system that:</text>
    <level label="1">
      <text>Is constructed improperly;</text>
    </level>
    <level label="2">
      <text>Does not have sufficient capacity; or</text>
    </level>
    <level label="3">
      <text>Was constructed without the authority from the Department that was required when that system was constructed.</text>
    </level>
  </level>
</section>
