Maryland Code § NR-3-102

Section NR-3-102
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(a) To assist with the preservation, improvement, and management of the
quality of air, land, water, and natural resources, and to promote the health and
welfare of the citizens of the State, it is the intention of the General Assembly in
enactment of this subtitle to provide for dependable, effective, and efficient water
supply and purification and disposal of liquid and solid wastes, to encourage
reductions in the amount of waste generated and discharged to the environment and
the generation of energy and the recovery of useable resources from such waste to the
extent practicable; to promote the conservation of energy usage and to enable and
provide for the production of energy from solid wastes and renewable and other
sources; to encourage private sector participation in environmental protection; and to
serve its political subdivisions and economic interests. For these purposes, the
General Assembly creates an instrumentality of the State constituted as a body
politic and corporate to provide water supply wastewater purification and disposal,
solid and hazardous waste disposal, and energy conservation, generation, and
transmission services in compliance with State and federal laws, regulations, and
policies governing air, land, and water pollution to public and private
instrumentalities, and with safeguards to protect the autonomy of the political
subdivisions and the rights of the private entities it serves. It is also the intent of the
General Assembly that the instrumentality may not participate in competitive
bidding with the private sector to provide its services.
(b) This subtitle shall be liberally construed to effect its purposes. However,
nothing contained in it shall restrict any control which the Departments of the
Environment and Natural Resources, or of their units, are empowered to exercise
over any water supply, wastewater purification, solid waste disposal, or energy
project authorized by this subtitle, nor interfere with or affect the operation of
existing wastewater purification, water supply, solid waste disposal, or energy
projects found by the Secretary of the Environment to be adequately and lawfully
operated by municipalities having jurisdiction or responsibility for them, except by
their express consent and agreement. Nothing in this subtitle shall restrict any
control which the Public Service Commission is empowered to exercise over any
energy project authorized by this subtitle.
(c) Nothing in this subtitle shall be construed to alter, change, or modify
the zoning or land use planning authority of any municipality or public
instrumentality or cause a municipality or public instrumentality to take action

inconsistent with the county solid waste management plan required under Title 9,
Subtitle 5 of the Environment Article.

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