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§ 5-204. Construction of water and sewage disposal systems

West's Annotated Code of MarylandPublic Utilities

West's Annotated Code of Maryland
Public Utilities (Refs & Annos)
Division I. Public Services and Utilities [Titles 1-15] (Refs & Annos)
Title 5. Powers, Duties, and Prohibitions (Refs & Annos)
Subtitle 2. Powers of Public Service Companies (Refs & Annos)
MD Code, Public Utilities, § 5-204
Formerly cited as MD PUBLIC UTIL COMP § 5-204
§ 5-204. Construction of water and sewage disposal systems
Currentness
Application of section
(a) This section does not apply to:
(1) a municipal corporation, sanitary district, or other unit of government;
(2) an individual, for the construction of a water system or sewage disposal system for the individual's personal or private use; or
(3) a group of individuals for their joint personal or private use, unless the Commission finds that the joint use is for the purpose of generally serving a proposed new housing development.
Prior authorization by Commission required
(b) Without the prior authorization of the Commission, a person may not construct a water system or sewage disposal system for public use.
Finding that system is in public interest
(c)(1) The Commission may authorize the construction of a water system or sewage disposal system for public use only on a finding that the construction of the water system or sewage disposal system is in the public interest.
(2) In determining whether the proposed construction of the water system or sewage disposal system is in the public interest, the Commission shall consider:
(i) the financing plans for the proposed construction; and
(ii) other pertinent facts and circumstances.
Applications for authorization
(d) An applicant for authorization to construct a water system or sewage disposal system:
(1) shall fully disclose to the Commission the financing plans for the construction; and
(2) has the burden of proof to satisfy the Commission that the construction is in the public interest.
Revocation of authorization
(e)(1) After a hearing, the Commission may revoke an authorization to construct a water system or sewage disposal system if the Commission finds that the revocation is in the public interest.
(2) An order of revocation may be appealed in accordance with § 3-204 of this article.
(3) Subject to action of the Commission under § 3-205 of this article, the filing of an appeal does not stay an order of revocation.
(4) After the Commission issues an order of revocation, the water system or sewage disposal system may not be operated until the revocation is repealed by:
(i) the Commission; or
(ii) the final disposition of an appeal from the order of revocation.

Credits

Added by Acts 1998, c. 8, § 2, eff. Oct. 1, 1998.
Formerly Art. 78, § 24A.
MD Code, Public Utilities, § 5-204, MD PUBLIC UTIL § 5-204
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document