Maryland Washington Suburban Sanitary District Section 10-102

      (a)      In Montgomery and Prince George's counties, the County Executive and County Council may adopt reasonable regulations for their respective county concerning the WSSC's entry into or use of any public roadway for which a permit is required.

      (b)      The rules and regulations adopted by the County Executive and County Council of either county under this section:

            (1)      May not be inconsistent with the provisions of this title;

            (2)      Shall be adopted after consultation with the WSSC;

            (3)      Subject to reasonable provisions for control by the county of the construction, disturbing, or repair of the public roadways:

                  (i)      May not be administered so as to constitute a taking of any franchise right that a public service corporation or a utility company has in a public roadway; and

                  (ii)      May not divest the WSSC of its right to use public roadways for the installation of WSSC facilities;

            (4)      May not prohibit the installation in a public roadway of a facility being constructed by the WSSC to provide service to the sanitary district in the other county, subject to the provisions of this title; and

            (5)      May include provisions for the review and approval of permits required to be issued by the WSSC under §§ 10-103 and 10-104 of this title for the construction or location of pipes, conduits, tracks, lines, poles, or facilities of a public utility in the public roadways of the county.

      (c)      (1)      The review and approval procedures authorized by subsection (b)(5) of this section:

                  (i)      May require review and approval by the county before the permit is issued by the WSSC; and

                  (ii)      May not result in any cost to the WSSC or to the public utility; and

            (2)      A permit issued by the WSSC under §§ 10-103 and 10-104 of this title is not effective unless the appropriate county approves the permit.

      (d)      (1)      The WSSC:

                  (i)      Shall notify the county in advance of the day, time, and extent to which the WSSC plans to cut into any public roadway, sidewalk, or other public property of the county; and

                  (ii)      As required by any rule or regulation adopted under this section shall:

                        1.      Submit a copy of proposed construction plans to the county before the construction; and

                        2.      Apply for and obtain a permit from the county at no cost to the WSSC.

            (2)      The county shall process the WSSC's permit application promptly.

            (3)      The issuance of a permit by the county under this section constitutes approval of the WSSC's proposed construction as specified in the permit.

            (4)      If construction under this section is an emergency, the WSSC shall notify the county as soon as practical after the cut.

      (e)      The county, upon prior notice, may:

            (1)      Make all necessary final repairs to restore property to a condition satisfactory to the county; and

            (2)      Charge all costs incident to the final repairs to the WSSC or to the public utility that made the entry on the property.