Maryland Washington Suburban Sanitary District Section 7-105

      (a)      (1)      In Montgomery County, the County Executive shall submit recommendations and suggested amendments about the WSSC Capital Improvements Program to the County Council as an integral part of the comprehensive six-year Capital Improvements Program required by the Montgomery County Charter.

            (2)      In Prince George's County, the County Executive shall transmit the WSSC Capital Improvements Program to the County Council together with comments, recommendations, and suggested amendments.

      (b)      (1)      Before final action on the WSSC's Capital Improvements Program is taken, public hearings shall be held on the Program.

            (2)      The public hearings may be conducted in conjunction with public hearings on the 6 year programs or capital budgets of Montgomery County, Prince George's County, or other agencies.

      (c)      Repealed.

      (d)      (1)      Each County Council shall approve, disapprove, or modify the WSSC Capital Improvements Program.

            (2)      In their review of the WSSC Capital Improvements Program, each County Council shall seek the advice and recommendation of the Maryland-National Capital Park and Planning Commission.

            (3)      Each County Council may designate a water or sewer main for controlled or limited access for service to designated areas within the respective county.

            (4)      An amendment or modification is not final until the amendment or modification is submitted to the WSSC for written comment. The WSSC shall have at least 30 days to comment on the amendment or modification.

      (e)      (1)      If the WSSC's submitted statement of objectives with respect to a major project to be constructed in whole or in part in one county declares that the project is designed to provide services in whole or in substantial part to the other county, the major project may be disapproved with the concurrence of the County Council of the county that is to receive the designed services.

            (2)      (i)      Notwithstanding paragraph (1) of this subsection, the County Council of the county where the project is located may direct modifications in location or change the proposed year of construction if the modification or change will not prevent the services being available when needed.

                  (ii)      If a stormwater management program is included in the WSSC Capital Improvements Program and the Program serves only 1 county and is funded solely by that county, the Program or amendments to the Program are not subject to approval by the county that is not served.

                  (iii)      This authority to direct modifications in location may be exercised to effect reasonable changes in the location of the major project by the County Council of the county in which the major project is located when the major project is first approved as a part of the WSSC Capital Improvements Program.

            (3)      After approval of the major project in the WSSC Capital Improvements Program, the County Council of the county in which the major project is located may make further modifications only:

                  (i)      If the modifications do not result in substantial net additional costs or expenses to the WSSC; or

                  (ii)      If the county directing the modification reimburses the WSSC for substantial net additional costs or expenses.

      (f)      (1)      In approving or amending the WSSC's Capital Improvements Program if either county approves a major project for which funds from the anticipated sources of funding shown by the WSSC are insufficient, the WSSC is not obligated to undertake the major project unless the respective county provides additional sources of capital to fund the project.

            (2)      If the WSSC becomes legally liable to third parties as a direct result of the modification of a previous approval of a major project by Montgomery County or Prince George's County, the county directing the change is responsible for any liability that results from the change.

            (3)      The Montgomery County Executive or County Council or the Prince George's County Executive shall settle or release a claim for liability:

                  (i)      By negotiating with the claimant; or

                  (ii)      By paying any final judgment of any court award.

            (4)      The Montgomery County Executive or County Council and the Prince George's County Executive may:

                  (i)      Intervene in any court proceeding before judgment; and

                  (ii)      Interpose any and all defenses available to the county or the WSSC.

            (5)      If the WSSC has made expenditures to third parties for services or property as part of any approved major project and that major project is subsequently modified or removed by either county so that the services or property are no longer necessary, the county directing the modification or removal shall reimburse the WSSC for the amount of the expenditures.

            (6)      The WSSC shall give Montgomery County or Prince George's County any right, title, and interest in any items for which reimbursement has been made.

      (g)      Within 5 days after final action on the WSSC Capital Improvements Program, each County Council shall transmit to the WSSC notification of final action, including:

            (1)      The details of any changes or modifications; and

            (2)      Indications of compliance with any specified conditions of this title that may be applicable to the final action.