Section 3-9 - A-01. Contracts by certain charter counties for solid waste disposal facilities authorized. - Maryland Statutes

§ 3-9A-01. Contracts by certain charter counties for solid waste disposal facilities authorized.
 

(a)  Authorized.- By resolution or ordinance of its legislative body, any charter county not a party to the Northeast Maryland Waste Disposal Authority provided for in § 3-903 of this title may enter into contracts with any industrial concern for the collection, storage, treatment, utilization, processing or final disposition of solid waste or for the recovery of material or energy therefrom, or any combination thereof. 

(b)  Limitations.- The contracts: 

(1) Shall be only in connection with solid waste disposal facilities financed under this article located within the charter county or another participating county; and 

(2) May not be in connection with a landfill. 

(c)  Duration.- The contracts may be for a period not to exceed 30 years. 

(d)  Terms and conditions.- The contracts may provide for minimum amounts of waste to be delivered or processed, and payment based thereon, whether or not the waste is actually delivered or processed, and may contain other terms and conditions as the parties consider appropriate. 

(e)  Contractual liabilities.- Any contract may not be deemed a debt of or gift of the county within the meaning of any provision of law or charter, but shall constitute only the contractual liability provided by its terms. 

(f)  State competitive negotiations.- The county may award or negotiate contracts which it deems to be in its best interest in the manner provided with respect to State competitive sealed proposals under § 13-104 of the State Finance and Procurement Article. 

(g)  Construction within 1 mile of adjoining county.- If construction of any waste disposal facility subject to the provisions of subsection (a) of this section is proposed within 1 mile of the border of an adjoining county, the government of the county in which construction is proposed shall provide the government of the adjoining county with a copy of the filings and notice of public hearings required under § 9-209 of the Environment Article. 
 

[1981, ch. 596; 1982, ch. 17, § 3; ch. 770, § 4; ch. 791, § 1; 1983, ch. 8; 1986, ch. 396, § 1; 1987, ch. 306, § 15; ch. 612, § 2; 1988, ch. 6, § 11; 1998, ch. 21, § 1; 2004, ch. 25, § 6.]