{"data":{"id":"us-md/md.-code-local-government-11-401","jurisdiction":"us-md","citation":"Md. Code, Local Government § 11–401","heading":"","body":"(a) In this section, “department” means a department of public facilities and\nservices.\n(b) The powers granted under this section may be exercised\nnotwithstanding any other law in effect when the county commissioners exercise a\npower granted under this section.\n(c) The county commissioners, by public local law, may:\n(1) establish a department of public facilities and services; and\n(2) provide for the organization and functions of the department.\n(d) The county commissioners may assign to a department:\n(1) responsibility for construction, maintenance, repair, service, and\nmanagement of:\n(i) public works, public buildings, publicly owned water and\nsewerage facilities and projects, and capital projects;\n(ii) water supply facilities and projects;\n(iii) wastewater collection, treatment, and disposal facilities\nand projects;\n(iv) solid waste collection, recycling, and disposal facilities and\nprojects;\n(v) storm drainage, erosion, and sediment control facilities and\nprojects;\n(vi) lighting for roads, highways, alleys, and other public\nplaces; or\n(vii) mosquito control facilities and programs; and\n(2) any other function or duty that is not inconsistent with this\nsection.\n(e) (1) Subject to paragraphs (3) and (4) of this subsection, if the county\ncommissioners assign to a department the responsibility for water and sewerage\nfunctions, the county commissioners shall abolish by public local law:\n(i) any water or sewer authority established for the county\nunder Title 9, Subtitle 9 of the Environment Article; and\n(ii) any sanitary district or commission established for the\ncounty under Title 9, Subtitle 6 of the Environment Article.\n(2) Before abolishing a water or sewer authority or sanitary district\nor commission, the county commissioners may request that the entity provide to the\ncounty appropriate information to assist the county commissioners in complying with\nparagraph (3) of this subsection.\n(3) The public local law shall provide:\n(i) for the retiring, refunding, refinancing, transfer, or\nassumption of any applicable outstanding bonds of the abolished entity;\n(ii) for the assumption of all existing assets and liabilities of\nthe abolished entity by the county, subject to an audit of the assets and liabilities by\na certified public accountant;\n(iii) for the transfer of all real and personal property of the\nabolished entity to the county;\n(iv) for the transfer of responsibility and administration of any\nlegally enforceable agreement between the abolished entity and another party to the\ncounty;\n(v) for the continued effect of orders, rules, and regulations of\nthe abolished entity, until revoked or modified by the county commissioners;\n(vi) that any revenues of an abolished entity remain dedicated\nfor the purpose collected and are not transferred into the county’s general fund; and\n(vii) that all matters pending before the abolished entity may\ncontinue and shall be completed by the department.\n(4) Any employee of a water or sewer authority or of a sanitary\ndistrict or commission employed on the date that the authority, district, or\ncommission is abolished who transfers to the department or to a municipality or local\ncommunity under § 11–402 of this subtitle shall transfer without any loss of salary,\nretirement benefits, insurance benefits, leave time, seniority level, or other employee\nbenefits.\n(f) (1) If the county commissioners abolish a water or sewer authority or\nsanitary district or commission, the county commissioners shall exercise the powers\nof a water or sewer authority or sanitary district or commission.\n(2) The county commissioners may:\n(i) adopt regulations for water and sewerage management;\n(ii) acquire, construct, operate, or maintain water and\nsewerage systems as the county commissioners consider to be in the public interest\nand necessary to protect the general health and welfare; and\n(iii) set rates, fees, and assessments for water and sewerage\nservices and benefits.","path":["Article - Local Government"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=glg\u0026section=11-401","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:59:58Z","sha256":"5fef317f4169ce0407a73d00dcbdd99cc2a461596d34980efd2f582712528f52","source_id":"us-md","stale":false,"prev":"us-md/md.-code-local-government-11-308","next":"us-md/md.-code-local-government-11-402"},"notice":"GroundRules: Original legal text. Not legal advice."}