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§ 3-128. Arbitration, jurisdiction of Public Service Commission

West's Annotated Code of MarylandNatural ResourcesEffective: December 14, 2022

West's Annotated Code of Maryland
Natural Resources
Title 3. Environmental Programs (Refs & Annos)
Subtitle 1. Maryland Environmental Service (Refs & Annos)
Effective: December 14, 2022
MD Code, Natural Resources, § 3-128
§ 3-128. Arbitration, jurisdiction of Public Service Commission
Failures to reach agreement on rates, fees, or other charges
(a) If the Service and a municipality or person fail to reach agreement on rates, fees, or other charges to be exacted by the Service for a water supply or wastewater purification project, the Public Service Commission, on the petition of either party to the disagreement, shall assume jurisdiction for the purpose of arbitrating the disagreement. Its determination shall be final and binding on all parties concerned, subject to the right of any party to appeal the determination to the circuit court of any county within which the municipality or person is located, resides, or carries on business. In any appeal the decision of the Commission is prima facie correct and shall be affirmed unless clearly shown to be (1) in violation of constitutional provisions, or (2) made on unlawful procedure, or (3) arbitrary or capricious, or (4) affected by other error of law. It is the intention of this subtitle that judicial review in all instances includes the right to appeal to the Appellate Court of Maryland from the decision of the lower court. The provisions of this section and the jurisdiction of the Public Service Commission shall not apply to any rates, fees, or charges agreed to by contract between the Service and a municipality or person for a water supply or wastewater purification project.
Construction with Public Utilities Article
(b) The Service may not be deemed to be a public service company within the meaning of the Public Utilities Article, and, except as provided in this section and in § 3-102(b) of this subtitle, the jurisdiction and powers of the Public Service Commission do not extend to the Service.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 4, § 1, eff. Jan. 1, 1974. Amended by Acts 1976, c. 472, § 30; Acts 1982, c. 820, § 3; Acts 1989, c. 815; Acts 1993, c. 196, § 1; Acts 1998, c. 653, § 1, eff. Oct. 1, 1998; Acts 2009, c. 183, § 1, eff. Oct. 1, 2009; Acts 2010, c. 52, § 1, eff. Oct. 1, 2010; Acts 2021, c. 82, § 7, eff. Dec. 14, 2022; Acts 2021, c. 83, § 7, eff. Dec. 14, 2022.
Formerly Art. 33B, §§ 26, 31.
MD Code, Natural Resources, § 3-128, MD NAT RES § 3-128
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.
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