TITLE 1. DEFINITIONS; GENERAL PROVISIONS · or impedes the construction or maintenance of public...

Anne Arundel County Code, 2005

COPYRIGHT © 2005 ANNE ARUNDEL COUNTY, MARYLAND 1

ARTICLE 13. PUBLIC WORKS Title 1. DEFINITIONS; GENERAL PROVISIONS 2. ROADS 3. PERMITS FOR USE OF COUNTY RIGHTS-OF-WAY 4. SOLID WASTE COLLECTION 5. UTILITIES 6. WEEDS AND VEGETATION 7. WATERSHED PROTECTION AND RESTORATION PROGRAM

Charter reference – §§ 537 et seq.

TITLE 1. DEFINITIONS; GENERAL PROVISIONS

Section 13-1-101. Definitions. 13-1-102. Responsibilities of Department. 13-1-103. Service; publication. 13-1-104. Right of entry. 13-1-105. County's prior rights in roads, easements, and rights-of-way. 13-1-106. Disposal of personal property on County property. 13-1-107. Civil enforcement.

§ 13-1-101. Definitions.

In this article, the following words have the meanings indicated. (1) "Department" means the Department of Public Works. (2) "Director" means the Director of Public Works or the Director's designee. (3) "Private wastewater system" means a wastewater system that is not owned by the County. (4) "Private water system" means a water system that is not owned by the County. (5) "Public works" means projects, improvements, or facilities that serve the public and that are owned and operated by the County, including roads, utilities, storm water management facilities, and facilities for the collection or disposition of solid waste. (6) “Recyclable materials” has the meaning stated for “recyclable materials” in the Environmental Article, § 9-1701, of the State Code. (7) “Road” has the meaning stated in § 18-1-101 of this Code. (1985 Code, Art. 25, § 25-1-101) (Bill No. 15-02; Bill No. 63-04; Bill No. 91-10)

§ 13-1-102. Responsibilities of Department.



The responsibilities of the Department include: (1) the general management and implementation of projects included in the County's annual capital budget, except for those under the administration of the Board of Education or the Community College; (2) the preparation of design standards, specifications, and details for the County; (3) the review of major water and sewer infrastructure, transmission mains, pumping stations, and capital projects; (4) the engineering, design, construction, maintenance, and repair of County owned roads and the issuance of right-of-way permits; (5) the installation, maintenance, and repair of traffic signals, traffic signs, pavement markings, and street lighting; (6) the management of the County's watershed and stormwater system as set forth in §§ 16-3-101 et seq. of this Code, including the design and construction of watershed improvement structures and facilities for improved water quality management; (7) the collection, disposal, and recycling of residential solid waste and the operation of facilities for handling solid waste; (8) the operation and maintenance of public water and wastewater utility systems in the County; and (9) the construction, operation, maintenance, inspection, and repair of water treatment plants, wastewater treatment plants, water pumping stations, wastewater pumping stations, water storage facilities, water meters, water and wastewater mains and conduits, and fire hydrants, and the testing and analysis of water and wastewater. (1985 Code, Art. 25, § 25-2-103) (Bill No. 18-88; Bill No. 67-98; Bill No. 20-00; Bill No. 63-04)

§ 13-1-103. Service; publication.

(a) Service. An order or notice required by this article to be served shall be served on the person to whom the order or notice is directed by certified mail, return receipt requested; by personal delivery to the person named in the notice or order; or by personal delivery to a person of suitable age and discretion who resides with the person named in the notice or order. If two good faith efforts on separate days to serve the person in this fashion fail, service shall be made by publication in accordance with subsection (b). (b) Notice by publication. A notice required by this article to be given by publication shall be published at least once a week for two consecutive weeks in a newspaper circulated in the area affected by the notice or be posted on the property or in conspicuous public places in the area affected. (1985 Code, Art. 25, § 25-1-102) (Bill No. 63-04)

§ 13-1-104. Right of entry.

(a) Generally. An employee of the Department who is engaged in official duties, after presentation of proper credentials, may enter on private land in the County at a reasonable hour for the purpose of making surveys, investigations, engineering studies, reading a meter, or disconnecting, connecting, turning on, or shutting off or repairing a water or wastewater line.



(b) Prohibition. A person may not hinder, obstruct, or refuse entry to the employee. (1985 Code, Art. 25, § 25-1-103) (Bill No. 63-04)

§ 13-1-105. County's prior rights in roads, easements, and rights-of-way.

(a) Definition. In this section, "obstruction" means any object or structure that blocks or impedes the construction or maintenance of public works, including private facilities that provide electricity, gas, information services, sewer service, steam, telecommunications, traffic controls, transit service, video, water, or other services to customers; shrubbery or plants of any kind; and storage materials. (b) Duty to remove obstruction to construction or maintenance of public works. A person who places or maintains an obstruction in, on, over, under or through a County road, easement, or right-of-way shall promptly shift, adjust, accommodate, or remove the obstruction on reasonable notice from the County. (c) Costs. If a person fails or refuses to shift, adjust, accommodate, or remove an obstruction after reasonable notice, the Department may shift, adjust, accommodate, or remove the obstruction and the Director may charge the person having or maintaining the obstruction for the cost of performing the work. (1985 Code, Art. 25, § 25-1-104) (Bill No. 63-04)

§ 13-1-106. Disposal of personal property on County property.

(a) Prohibition. An owner of rental real property may not dispose of, store, or abandon the personal property of an evicted tenant on County rights-of-way, easements, or other County property for more than 48 hours after the date of the eviction. (b) Removal by County. The Department may remove and dispose of all personal property that is on County property in violation of this section, and the Department shall bill the owner of the rental real property for all costs incurred by the County in connection with the removal and disposal of the evicted tenant's personal property, including overhead and administrative costs. The costs shall be collected as provided in § 1-9-101 of this Code. (Bill No. 38-05)

§ 13-1-107. Civil enforcement.

(a) Generally. The County may enforce the provisions of this article through injunctive proceedings, an action for specific performance, or any other appropriate proceedings. (b) Civil fines and damages. It is a Class B civil offense to violate the provisions of this article relating to wastewater discharge. In addition, a person who violates the wastewater discharge requirements of this article, who discharges or causes a discharge producing a deposit or obstruction, or who causes damage to or impairs the County system is liable to the County for any expenses, loss, or damage caused by the violation, including court costs and attorneys’ fees. It is a Class C civil offense to violate the provisions of this article relating to permits for the use of County rights-of-way. It is a Class D civil offense to violate any other provision of this article. (c) Remedies cumulative. The remedies available under this section are cumulative and not exclusive. (1985 Code, Art. 25, § 25-4-509) (Bill No. 68-88; Bill No. 63-04)



TITLE 2. ROADS

Section Subtitle 1. In General

13-2-101. Functions of Director and Office of Planning and Zoning. 13-2-102. Acquisition of property.

Subtitle 2. Roads, Bridges, and Sidewalks

13-2-201. Location of County roads. 13-2-202. Construction requirements. 13-2-203. Acceptance of private roads. 13-2-204. Returning roads to private persons. 13-2-205. Improvement of sidewalks; sidewalk assessments. 13-2-206. Discharging water into roads.

Subtitle 3. Traffic

13-2-301. Authority of Director to regulate. 13-2-302. Obedience to traffic regulations. 13-2-303. Obstructions to vision and vertical clearance.

SUBTITLE 1. IN GENERAL

§ 13-2-101. Functions of Director and Office of Planning and Zoning.

(a) Public works. The Director shall have control over County roads, sidewalks, storm drains, and bridges in matters pertaining to engineering design, construction, improvement, and maintenance. Subject to the powers conferred on the Office of Planning and Zoning, the Director shall construct, maintain, repair, improve, protect, preserve, rebuild, and control the roads, sidewalks, storm drains, bridges, and other appurtenances as the Director may consider necessary or advisable. (b) Joint functions. The Director and the Planning and Zoning Officer shall act jointly in matters pertaining to the opening, altering, closing, vacating, straightening, and widening of County roads in accordance with the General Development Plan and matters pertaining to location, planning, and functional classification (designating right-of-way widths) of new County roads, sidewalks, storm drains, bridges, and other appurtenances based on the General Development Plan. (1985 Code, Art. 25, § 25-4-101) (Bill No. 67-98; Bill No. 20-00; Bill No. 63-04)

§ 13-2-102. Acquisition of property.

(a) For public purpose. Subject to budget limitations, the Director may acquire property for the County by purchase or exchange, or if by gift, devise or bequest, after approval by ordinance of the County Council, for any necessary public purpose, including in connection with the opening of a new road or sidewalk, for the construction or repair of a bridge, for the



relocation, straightening, or widening of a road or sidewalk, for the proper drainage of a road or sidewalk, or for the building of a public building or structure. (b) Publication of notice. Before acquiring property as authorized in subsection (a), the County shall publish notice as provided in § 13-1-103 of the contract price paid or agreed to be paid for the property, the name of the vendor, a brief description of the property, the total amount of the purchase price, and the purpose for which the property is to be acquired. (c) Condemnation. If the Director is unable to reach agreement with a property owner for the acquisition of property, the use of which is required for any of the purposes specified in this title, the County may condemn the property under the provisions of law. (1985 Code, Art. 25, §§ 25-4-104, 25-4-105) (Bill No. 63-04; Bill No. 31-08)

State Code reference – Local Government Code, § 10-312; Real Property Article, §§ 12-101 et seq.

SUBTITLE 2. ROADS, BRIDGES, AND SIDEWALKS

§ 13-2-201. Location of County roads.

(a) Generally. If doubt exists as to the proper location or width of a County road, the County may cause the road to be surveyed and a description and plat made of the road and recorded among the County's records. The description shall be made by reference to the original description of the road when the road was acquired by grant or condemnation. If the original description cannot be found, the description and plat shall be made of the road as existing. (b) Rebuttable presumption of correctness. The County and the courts shall consider the description and plat as official and prima facie correct until the contrary is proven. (1985 Code, Art. 25, § 25-4-102) (Bill No. 63-04)

§ 13-2-202. Construction requirements.

A person may not construct, reconstruct, repair, grade, improve, or maintain a public road, bridge, or sidewalk unless the construction, reconstruction, repair, improvement, grading, or maintenance complies with all applicable law, regulations, the Design Manual, and the County's Standard Specifications and Details for Construction. (1985 Code, Art. 25, § 25-4-103) (Bill No. 15-02; Bill No. 63-04)

§ 13-2-203. Acceptance of private roads.

(a) Generally. Established private roads that are connected to existing State or County roads may be proposed for acceptance into the County road system under the conditions and procedures specified in this section. (b) Petition. The owner or owners of a private road, including those with an easement or other property interest in it, may request that the County accept the road into the County road system. The petition shall be in the form required by the Director and shall be signed by all owners of the road. (c) Acceptance. The County may accept a private road if:



(1) the road will serve the convenience of the public because it intersects with an existing State or County road and will serve a minimum of five dwellings or commercial buildings for each mile petitioned; (2) each owner is willing to dedicate the road to public use by deed; and (3) the road meets all applicable law, regulations, the Design Manual, and the County's Standard Specifications and Details for Construction. (1985 Code, Art. 25, §§ 25-4-106, 25-4-107) (Bill No. 15-02; Bill No. 63-04)

§ 13-2-204. Returning roads to private persons.

(a) Petition. All owners of property abutting a public road that has been improved or altered from its natural state may petition the County to return the public road to private ownership for use as a private road. The petition shall be in the form required by the Director and shall be signed by all owners of property abutting the road. (b) Review and notification. On receipt, the Director shall review the petition for compliance with this section. A petition that does not comply with this section shall be denied. Otherwise, the Director shall notify the petitioners that the petition is valid. (c) Publication and posting. On receipt of a notice of validity, the petitioner shall give notice of the petition both by publication in a newspaper and by posting, as set forth in § 13-1-103(b). The notice shall specify the length, location, and termini of the petitioned road, the person to whom title will be given if approved, and the deadline and address for filing an opposition with the Director. Posting shall include signs at both ends of the petitioned road. The petitioners shall pay all costs of publication and posting. (d) Opposition. Any person claiming a right of use or other interest in the petitioned road who opposes returning the road to private persons shall file an opposition with the Director within 30 days after the first newspaper publication or posting of the road, whichever is later. If no opposition is timely filed, the Director may proceed to decide the petition in accordance with subsection (f). (e) Additional documentation. The Director may require additional documentation from petitioners or any opponents, including a title examination or survey. The Director also may obtain additional information from any source, including a title examination or survey, and charge or apportion the costs associated with obtaining the information to the petitioners or any opponents. (f) Decision. Within six months after the date of the first publication, the Director shall approve or deny the petition. A petition for abandonment shall be denied if the Director determines that the road is needed for present or future public use. (g) Referral to the County Executive. If the petition is approved, the Director shall send a recommendation to the County Executive for execution of a deed or deeds, after advertisement of the disposition as required by Local Government Code, § 10-312, of the State Code. (1985 Code, Art. 25, § 25-4-110) (Bill No. 63-04; Bill No. 17-06)

§ 13-2-205. Improvement of sidewalks; sidewalk assessments.

(a) Scope. The Director may cause and direct the owner of real property that abuts a road to grade, lay out, pave, repave, construct, reconstruct, repair, extend, widen, straighten, or



improve a sidewalk in accordance with the plans and specifications prepared by the Department if the Director determines that the work is required in the interest of public safety and welfare. (b) Expenses; notice. Work required of a property owner under subsection (a) shall be done at the expense of the property owner after receipt of a notice from the Director to perform the work. The notice shall specify the work to be done, the manner of doing the work, and the materials to be used. The notice shall also state a time limit for compliance of not less than 30 days from service of the notice. (c) Hearing. A person aggrieved by the terms and conditions of the notice may apply to the Director for a hearing and shall be given an opportunity to be heard. At the hearing, the Director may revise, alter, affirm, or rescind the notice. (d) Failure to comply. If a property owner fails to comply with a final notice within the time specified in the notice, the Director may procure the performance of the work by the County work force or by contract. The cost and expense of the work, including overhead and administrative costs, shall be certified to the Controller, together with the names of the owners of the property in front of which the work was done. The amount shall be collected as provided in § 1-9-101 of this Code. (e) Payment to County. On application, the County may provide for payment of an assessment in not more than five annual installments if the property owner and the County entered into an agreement for installment payments before performance of the work.. (1985 Code, Art. 25, § 25-4-112) (Bill No. 78-85; Bill No. 63-04)

§ 13-2-206. Discharging water into roads.

A person may not empty, discharge, or cause or allow to be emptied or discharged from premises occupied by the person, directly or indirectly, to or on any County road a liquid other than rainwater flowing in its natural course. (1985 Code, Art. 25, § 25-4-113) (Bill No. 63-04)

SUBTITLE 3. TRAFFIC

§ 13-2-301. Authority of Director to regulate.

To provide for the safe and expeditious movement of traffic and to ensure the safety of citizens using the roads and highways, the Director may: (1) conduct analyses of traffic accidents and engineering investigations of traffic conditions; (2) determine the timing, type, size, and location of signs, signals, markings, pylons, channels, and other devices for directing or regulating vehicular and pedestrian traffic; (3) designate intersections as stop intersections or through roads; (4) approve or disapprove the location of bus stops and taxicab stands or rescind or modify a prior approval; (5) adopt rules, regulations, orders, and directives relating to the movement of vehicular and pedestrian traffic; (6) make recommendations to the County Executive for the improvement of traffic conditions that cannot be accomplished by the directives, orders, rules, or regulations adopted by the Director;



(7) prohibit or restrict parking on roads; (8) designate one-way roads for improvement of traffic conditions; (9) adopt temporary rules and regulations governing parking, traffic, and the movement of vehicles in the vicinity of roadwork or a polling site, fair, game, parade, or other event where a large gathering of people or vehicles is anticipated; (10) regulate the movement, standing, or stopping of commercial vehicles in residential areas; and (11) place official signs that regulate the parking, stopping, standing, or movement of traffic within or near a road or highway. (1985 Code, Art. 25, § 25-4-301) (Bill No. 40-96; Bill No. 63-04; Bill No. 90-05)

§ 13-2-301. Authority of Director to regulate.

(a) To provide for the safe and expeditious movement of traffic and to ensure the safety of citizens using the roads and highways, the Director may: (1) conduct analyses of traffic accidents and engineering investigations of traffic conditions; (2) determine the timing, type, size, and location of signs, signals, markings, pylons, channels, and other devices for directing or regulating vehicular and pedestrian traffic; (3) designate intersections as stop intersections or through roads; (4) approve or disapprove the location of bus stops and taxicab stands or rescind or modify a prior approval; (5) adopt rules, regulations, orders, and directives relating to the movement of vehicular and pedestrian traffic; (6) make recommendations to the County Executive for the improvement of traffic conditions that cannot be accomplished by the directives, orders, rules, or regulations adopted by the Director; (7) prohibit or restrict parking on roads; (8) designate one-way roads for improvement of traffic conditions; (9) adopt temporary rules and regulations governing parking, traffic, and the movement of vehicles in the vicinity of roadwork or a polling site, fair, game, parade, or other event where a large gathering of people or vehicles is anticipated; (10) regulate the movement, standing, or stopping of commercial vehicles in residential areas; and (11) place official signs that regulate the parking, stopping, standing, or movement of traffic within or near a road or highway. (b) The Director may not install or use more than five traffic control signal monitoring systems as defined in the Transportation Article, § 21-202.1, of the State Code to monitor or enforce the prohibition against a motor vehicle entering an intersection against a red signal indicator. (1985 Code, Art. 25, § 25-4-301) (Bill No. 40-96; Bill No. 63-04; Bill No. 90-05; Bill No. 72-14) Editor’s note – The amendments to this section in Bill No. 72-14 do not take effect until July 1, 2015.

§ 13-2-302. Obedience to traffic regulations.



A person may not violate a rule, regulation, order, or directive adopted by the Director. A person may not fail or refuse to comply with the instructions or direction on a post, sign, or other device erected by the authority of the Director for the regulation of traffic or parking on roads or on property owned or leased by the County or the Board of Education. (1985 Code, Art. 25, § 25-4-302) (Bill No. 63-04)

§ 13-2-303. Obstructions to vision and vertical clearance.

(a) Definitions. For purposes of this section, “vertical clearance” means clearance for vehicles traveling on roadways underneath and along side of overhanging trees, bushes, vines, undergrowth or other types of vegetation, which is measured up from each edge of and across the traveled portion of the roadway. (b) Notice and service. If the Director determines that trees, bushes, vines, weeds, undergrowth, loose earth, or other obstructions other than buildings or similar structures affixed to the ground exist on private property that obstruct the vision of operators of vehicles traveling on a road or obstruct vertical clearance of at least 14 feet, the Director shall serve the owner, agent, lessee, or other person in control of the property with a written notice containing a description of the premises on which the obstruction exists, a statement of the particulars of the obstruction, a statement of the steps necessary to correct the condition, and an order directing that corrective steps be taken within a stated period of time. The notice shall be served as provided in § 13-1-103. (c) Hearing. A person aggrieved by a notice issued under this section may petition the Director in writing for a hearing within 10 days after service. Within 10 days after receipt of the petition, the Director may affirm, modify, or rescind the notice. An official of the County may not remove an obstruction or enforce the notice until after the hearing has been held and the notice upheld, the time to petition for a hearing has expired without a petition having been filed, or an appeal to the Board of Appeals becomes final. (d) Failure to comply. If a person fails to comply with the provisions of any notice issued under this section, the County shall enter the property on which the obstruction is located and remove all or that part of the obstruction necessary to eliminate the traffic hazard. (e) Costs. If the Director provides for the elimination of an obstruction under this section, the Director shall file with the Controller’s office a certified statement of the cost to the County of the elimination, together with proof of service. The Office of Finance shall invoice the owner of the property on which the obstruction was located for the cost of the removal, together with the costs of service. The invoice shall be payable within 30 days of the date of the invoice and any sums unpaid 30 days after the date of billing shall be collected as provided in § 1-9-101 of this Code. (1985 Code, Art. 25, § 25-4-402) (Bill No. 63-04; Bill No. 17-14)

TITLE 3. PERMITS FOR USE OF COUNTY RIGHTS-OF-WAY

Section Subtitle 1. General Provisions 13-3-101. Definitions. 13-3-102. Scope.



13-3-103. Compliance with other law and regulations. 13-3-104. Review and automatic adjustment of fees. 13-3-105. Conduit. Subtitle 2. Permits 13-3-201. Permit. 13-3-202. Applications. 13-3-203. Approval or denial; contents; notification and diligent prosecution. 13-3-204. Duration and validity; non-transferability. 13-3-205. Maintenance permits. 13-3-206. Permit to excavate in recently paved right-of-way. 13-3-207. Permit to be available at site. 13-3-208. Warranty; liability. 13-3-209. Indemnification. Subtitle 3. Security and Fees 13-3-301. Security for excavation. 13-3-302. Permit fees. 13-3-303. Inspection fees. 13-3-304. Additional fees. 13-3-305. Retention or refund of fees. Subtitle 4. Excavations 13-3-401. Coordination of excavations. 13-3-402. Joint excavation. 13-3-403. Notice. 13-3-404. Complaints. Subtitle 5. Enforcement 13-3-501. Cumulative enforcement measures. 13-3-502. Stop work order; permit modification or revocation. 13-3-503. Order to cure.

SUBTITLE 1. GENERAL PROVISIONS


In this title, the following words have the meanings indicated. (1) "Excavation" means any work in the surface or subsurface of a right-of-way. (2) "Facility" means all appurtenances or tangible things owned, leased, operated, or licensed by a utility that are or are proposed to be located in a right-of-way. (3) “Owner” means a person who owns a facility that is or is proposed to be installed or maintained in a right-of-way. (4) “Right-of-way” means the area across, along, beneath, in, on, over, under, upon, or within the dedicated alleys, boulevards, lanes, roads, sidewalks, and streets owned or maintained by the County.



(5) “Utility” means an owner whose facilities in a right-of-way are used to provide electricity, gas, information services, sewer service, steam, telecommunications, traffic controls, transit service, video, water, or other services to customers. (1985 Code, Art. 25, § 25-3-101) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-102. Scope.

This title governs all occupancy, use, and activity in a right-of-way other than occupancy, use, or activity: (1) by the County unless expressly so stated; (2) governed by a permit issued by the Department of Inspections and Permits; or (3) governed by a public works agreement. (1985 Code, Art. 25, § 25-3-102) (Bill No. 15-02; Bill No. 63-04)

§ 13-3-103. Compliance with other law and regulations.

All excavations, construction, maintenance, and other work in a right-of-way, including work by the County in its capacity as a utility, shall be performed in accordance with all applicable law, regulations, the Design Manual, and the County's Standard Specifications and Details for Construction. (1985 Code, Art. 25, § 25-3-103) (Bill No. 15-02; Bill No. 63-04)

§ 13-3-104. Review and automatic adjustment of fees.

(a) Requirement. Each fiscal year, the Controller shall adjust all fees set forth in this title based on the methodology set forth in subsection (b). (b) Method of adjustment. The base for computing an adjustment is the January Consumer Price Index - All Urban Consumers for the United States, published by the United States Department of Labor, Bureau of Labor Statistics. The initial index to be referenced is January, 2002. Beginning in January, 2003, a percentage change shall be calculated between the current year index and the base year index. All fees shall be adjusted by the percentage change in the index rounded to the nearest dollar, and the adjustments automatically shall be effective on the first day of July for each fiscal year. (c) Index. If the index is changed so that the base year is different, the index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the index is discontinued or revised, the government index or computation with which it is replaced shall be used to obtain substantially the same result as would have been obtained if the index had not been discontinued or revised. (1985 Code, Art. 25, § 25-3-104) (Bill No. 15-02; Bill No. 63-04)

§ 13-3-105. Conduit.

The County may require conduit for underground facilities in the paved portion of the right-of-way. (Bill No. 53-06)



SUBTITLE 2. PERMITS

§ 13-3-201. Permit.

(a) When required. Except as provided in subsection (b), a person may not occupy, use, or engage in any activity in a right-of-way without first obtaining a permit from the Department of Public Works. If other law limits the County’s ability to require a permit, this subsection shall be construed to require a request and all other requirements of this title shall apply to the request. (b) When not required. No permit is required for a work activity that makes no material change to the footprint of a facility or to the surface or subsurface of a right-of-way if the activity does not disrupt or impede traffic in the traveled portion of a right-of-way. (c) Other legal authority; compliance with agreements. The issuance of a permit does not relieve the applicant from obtaining any other legal authority that may be necessary to occupy or use the right-of- way or from complying with a franchise, license, or other such agreement. (1985 Code, Art. 25, § 25-3-201) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-202. Applications.

(a) Generally. An application for a permit shall be submitted in the format and manner specified by the Department of Public Works. (b) County to maintain records. When the County in its capacity as a utility engages in any activity that includes an excavation in the paved portion of a right-of-way, the County shall keep a record of the date, location, purpose, and size of the excavation. (1985 Code, Art. 25, § 25-3-202) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-203. Approval or denial; contents; notification and diligent prosecution.

(a) Generally. The Director may approve, conditionally approve, or deny an application for a permit. (b) Approval. If an application is approved, the Director shall issue a permit to the applicant. (c) Conditional approval. If an application is conditionally approved, the Director may condition the permit with specified requirements that preserve and maintain the public health, safety, welfare, and convenience. (d) Denial. If an application is denied, the Director shall advise the applicant by a written, electronic, or facsimile communication of the basis for the denial. (e) Notification and diligent prosecution. For activity authorized by a permit, a permittee shall notify the Department each day that activity is performed and shall prosecute the activity diligently to its conclusion. (1985 Code, Art. 25, § 25-3-203) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-204. Duration and validity; non-transferability.



(a) Duration. A permit expires 90 days after issuance but the Department may extend the expiration date for good cause. (b) Non-transferable. A permit is not transferable. (1985 Code, Art. 25, § 25-3-204) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-205. Maintenance permits.

(a) When allowed. The Director may issue a maintenance permit on an annual basis to a utility instead of issuing individual permits for activities in the right-of-way covered by the maintenance permit. (b) Scope of permit. A maintenance permit covers: (1) emergency activity in or under the paved or unpaved area of the right-of-way that is necessary for the preservation of life, health, or property or for the restoration of interrupted service; and (2) those non-emergency activities, excluding excavations in or under the paved rights-of-way, that are specified in the permit, including: (i) an activity that makes no material change to the footprint of the facility or to the surface or subsurface of a right-of-way but disturbs or impedes traffic on a local road; (ii) abandoning facilities; (iii) replacing overhead poles; (iv) new individual services to a residence or building from existing facilities that are on the same side of the right-of-way, so long as the activity related to the service does not exceed 300 feet; and (v) directional boring under sidewalks and driveway aprons. (c) Notification to Department. For emergency activity, the permittee shall notify the Department during or within 24 hours after the activity. For non-emergency activities, the permittee shall notify the Department at least 48 hours before the activity takes place. For emergency and non-emergency activities, the utility shall provide information about the activity as required by the Department. (d) Survey. By September 1, 2006, a utility shall file with the Department any existing plats or drawings that show the location of underground facilities in the County’s rights-of-way. Thereafter, on an annual basis, the utility shall file in the form required by the Department a full and complete survey, including descriptions and as-built maps, of the location of underground facilities installed in the County’s rights-of-way in the previous year. (e) Fees. When a utility seeks the issuance of a maintenance permit, it shall pay the permit and inspection fees required by §§ 13-3-302 and 13-3-303 in advance through the posting of a deposit in an amount estimated by the Director to be sufficient to cover the required fees. The utility shall replenish the deposit, as required by the Director. Upon notification of activity taken under the maintenance permit, the Director shall deduct from the deposit the permit and inspection fees required by §§ 13-3-302 and 13-3-303 (1985 Code, Art. 25, § 25-3-205) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-206. Permit to excavate in recently paved right-of-way.



The Director may not issue a permit to excavate in a right-of-way that was reconstructed, repaved, or resurfaced in the preceding two-year period unless the excavation facilitates the deployment of new technology or the Director finds other good cause for issuance. (1985 Code, Art. 25, § 25-3-206) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-207. Permit to be available at site.

A permit or a copy of the permit shall be available for review at the site for the duration of the activity allowed by the permit. (1985 Code, Art. 25, § 25-3-207) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-208. Warranty; liability.

(a) Warranty. For a period of two years after satisfactory completion of work in a right-of-way, the owner and permittee warrant and guarantee the quality of the work performed and are responsible for maintaining the site free from any defects resulting from the quality of the work and, in the event of such defects, for repairing or restoring the site to a condition that complies with all applicable law, regulations, the Design Manual, and the County’s Standard Specifications and Details for Construction. Any repair or restoration during the warranty period shall cause the warranty period to run for one additional year beyond the original two-year period. (b) Issuance of permit or other acts by County do not affect liability. The issuance of a permit or any inspection, repair, suggestion, approval, or acquiescence of any person affiliated with the County does not relieve the owner or permittee from the warranty and liability provisions of this section, the indemnification provisions of § 13-3-209, or any other term or condition of this title. (1985 Code, Art. 25, § 25-3-208) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-209. Indemnification.

(a) Definition. In this section, “claims” means all actions, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, suits, fees, attorneys’ fees, and costs. (b) Requirement. An owner and permittee and their successors and assigns shall indemnify, defend, protect, and hold harmless the County, including its officers, agents, and employees, from and against: (1) all claims allegedly arising directly or indirectly from any act, omission, or negligence of the owner, the permittee, their subcontractors, or the officers, agents, or employees of any of them, relating to the permit or the activity authorized by the permit; and (2) all damage to County property, including damage to County roads, rights-of-way, and public works, arising directly or indirectly from any act, omission, or negligence of the owner, the permittee, their subcontractors, or the officers, agents, or employees of any of them, relating to the permit or the activity authorized by the permit, except that this subsection does not apply to gradual degradation or ordinary wear and tear of roads or rights-of-way.



(c) Duty to defend. Each owner and permittee has an immediate and independent obligation to defend the County from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent. (d) County cause of action. The County has a cause of action for indemnity against each owner and permittee for any costs the County may incur as a result of defending or satisfying any claims that arise from or in connection with the permit, except for claims resulting directly from the negligence or wilful misconduct of the County. (e) Obligations survive permit. The indemnification obligations assumed under the permit survive expiration of the permit and completion of the activity authorized by the permit. (1985 Code, Art. 25, § 25-3-209) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

SUBTITLE 3. SECURITY AND FEES

§ 13-3-301. Security for excavation.

(a) Scope. This section does not apply to persons who provide security for the performance of their obligations in a right-of-way pursuant to other law or agreement. (b) Amount. A utility that applies for a permit to excavate in the right-of-way shall submit and maintain with the Department security for the benefit of Anne Arundel County in the amount of $20,000, which shall serve as security for multiple permits so long as a constant balance of $20,000 is maintained. (c) Form. Security shall be in the form of cash, an irrevocable letter of credit, a bond, or other security acceptable to the Controller and the Director to secure the faithful performance of the obligations of the owner and applicant under the permit and compliance with all terms and conditions of this title. (d) Deductions. The Director may make deductions from the security to pay fees, offset the costs for any excavations or other repairs made by the Department, or pay any fines or costs associated with violations of this title. (e) Retention. The County shall retain the security for the warranty period set forth in § 13-3-208(a). Upon the expiration of the warranty period, on written request of the permittee, the security, less any deductions, shall be returned to the permittee, without interest. (f) Person other than utility. The Department may require a person other than a utility to provide security alone or to enter into an agreement with the County that includes security to ensure the faithful performance of the obligation of the owner and applicant under the permit and compliance with all terms and conditions of this title. The agreement shall include provisions relating to deductions from the security and to retention and return of the security. (1985 Code, Art. 25, § 25-3-301) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-302. Permit fees.

(a) Generally. An applicant shall pay a fee of $35 for each individual permit except that a utility shall pay a fee of $10 for each activity conducted under a maintenance permit. (b) County transfer of funds. Whenever the County in its capacity as a utility engages in activity for which a utility or other applicant would be required to pay a permit fee under this section, the County shall transfer by the end of each fiscal year from the utility fund to the general fund a fee of $10 for each such activity, except that no fees shall be transferred in



connection with a County capital project or in connection with a work activity that makes no material change to the footprint of a facility or to the surface or subsurface of a right-of-way. (1985 Code, Art. 25, § 25-3-302) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-303. Inspection fees.

(a) Generally. A permittee shall pay the inspection fees provided for in this section. (b) Fees under maintenance permit. Under a maintenance permit, the inspection fee for activity other than an excavation in a paved area is $7 and the inspection fee for an emergency excavation in a paved area is $120. (c) All other permits. For all permits other than for activity under a maintenance permit, the permittee shall pay a base inspection fee of $80. The permittee also shall pay the following inspection fees:

Type of Work Inspection Fee

Boring:

Grassy area $40 for every 750 linear ft.

Road crossing $40 for every road crossing

Longitudinal in paved area $40 for every 500 linear ft.

Trenching:

Grassy area $40 for every 500 linear ft.

Paved area $40 for every 200 linear ft.

Excavation in paved area by County $40 each

All other excavations in paved area $40 each (d) County transfer of funds. Whenever the County in its capacity as a utility engages in activity for which a utility or other applicant would be required to pay inspection fees, the County shall transfer by the end of each fiscal year from the utility fund to the general fund the inspection fees required by this section, except that no fees shall be transferred in connection with a County capital project or in connection with a work activity that makes no material change to the footprint of a facility or to the surface or subsurface of a right-of-way. (1985 Code, Art. 25, § 25-3-303) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-304. Additional fees.

(a) Generally. When administration of this title for a particular activity is or will be unusually costly to the Department, the Director may require an applicant or permittee to pay any sum in excess of the amounts provided under §§ 13-3-302 and 13-3-303. This additional sum may not exceed actual costs incurred by the Department and shall be charged on a time and materials basis. (b) Basis. Whenever additional fees are charged, the Director shall provide in writing the basis for the additional fees. (1985 Code, Art. 25, § 25-3-304) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)



§ 13-3-305. Retention or refund of fees.

If an applicant withdraws an application for a permit before the start of any work or if the Director denies the permit, the permit fee under § 13-3-302 shall be retained and the inspection fees under § 13-3-303 shall be returned. (1985 Code, Art. 25, §25-3-305) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

SUBTITLE 4. EXCAVATIONS

§ 13-3-401. Coordination of excavations.

(a) Three-year plan. On the first day of October, each utility shall prepare and submit to the Department a plan, in a format specified by the Department, that shows all foreseeable excavations in the paved portion of the right-of-way anticipated to be done in the next three years or a statement that no excavations are proposed. The utility shall report to the Department promptly any changes in the plan as soon as those changes become reasonably foreseeable. (b) Disclosure of information in the plan. The Department may disclose information contained in a three-year plan to another utility only on a need-to-know basis in order to facilitate coordination and avoid unnecessary excavation. If a utility clearly and appropriately identifies information contained in the plan as proprietary, a trade secret, or otherwise protected from disclosure, then to the maximum extent permissible under federal, state, and local laws applicable to public records, the Department may not disclose that information to the public. If the Department determines that information is not clearly or appropriately identified, the Department shall notify the utility that the Department intends to disclose the requested information unless ordered otherwise by a court. (c) County plan. The Department shall prepare a five-year repaving plan showing all proposed repaving and reconstruction in the paved rights-of-way, revise and update the plan on an annual basis after receipt of the three-year plans from the utilities, and make the plan available for public inspection. (d) Coordination. The Department shall review the three-year plans and identify conflicts and opportunities for coordination of excavations in the paved rights-of-way. Each applicant shall coordinate, to the extent practicable, with each potentially affected owner and permittee to minimize disruption in the right-of-way. (1985 Code, Art. 25, § 25-3-401) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-402. Joint excavation.

If utilities propose to do excavations in the same paved rights-of-way within a three-year period, the Department shall issue permits for the work in a manner that maximizes coordination and minimizes the total period of construction. (1985 Code, Art. 25, § 25-3-402) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-403. Notice.



(a) Scope. This section applies to non-emergency activity in the County’s rights-of-way when the activity adjoins residentially zoned and developed property and will not be completed and restored in a period of 30 days or less. (b) Requirement. A permittee shall: (1) at least 72 hours before commencement of the activity, post and maintain a notice that is located at the beginning and end points of the activity; (2) at least 72 hours before commencement of the activity, deliver notice to each address in the area of the activity and within 175 feet of its boundaries; or (3) at least 15 calendar days before commencement of the activity, mail written notice to each address in the area of the activity and within 175 feet of its boundaries. (c) Additional notice. For good cause, the Director may require a permittee to employ a combination of the notices required by subsection (b). (d) Content. The notices required by subsection (b) shall include the name, telephone number, and address of the owner and permittee, a description of the work to be performed, the duration of the work, and the name, address, and telephone number of a person who will provide information to and receive complaints from any member of the public concerning the work. Posted notices shall be in a format and size approved by the Department. (1985 Code, Art. 25, § 25-3-403) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-404. Complaints.

(a) Definition. For purposes of this section, “complaint” means an allegation by a resident that a utility is excavating, constructing, or performing other work in a right-of-way in violation of this title. The term does not include a service-related complaint handled by a utility in the ordinary course of its business. (b) Utility complaint procedure. A utility shall establish and file with the Department written procedures for receiving, acting on, and resolving complaints. The utility shall investigate a complaint and notify the resident in writing within ten days after receipt of the complaint of the results of the investigation and of any proposed action or resolution. The utility also shall notify the resident of the right to file a complaint with the Department. (c) County complaint procedures. A resident may initiate a review of a complaint previously made to a utility by filing with the Department the complaint and any associated correspondence or other papers. If the Department determines after a review of the complaint and other papers that there is no violation of this title, the Department shall notify the resident and the utility. Otherwise, the Department may require the resident and the utility to submit further statements in support of their respective positions. The utility or the resident may request in their statements that the Department conduct an informal discussion of the complaint. If requested, the Department shall conduct an informal discussion, in person or by teleconference. Promptly thereafter, the Department shall issue a written decision. If the Department determines that the utility violated a provision of this title, the Department may employ one or more of the enforcement measures allowed by this article. (Bill No. 53-06)

SUBTITLE 5. ENFORCEMENT



§ 13-3-501. Cumulative enforcement measures.

The Director may employ one or more of the enforcement measures set forth in this title, and the use of one of the measures does not preclude use of others. (1985 Code, Art. 25, § 25-3-501) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-502. Stop work order; permit modification or revocation.

(a) Grounds for issuance. The Director may issue a stop work order, impose conditions on a permit, or suspend or revoke a permit if the Director determines that: (1) a person has violated applicable law, regulations, the Design Manual, the County’s Standard Specifications and Details for Construction, or any term, condition, or limitation of a permit; (2) activity in the right-of-way poses a hazardous situation or constitutes a public nuisance, public emergency, or other threat to the public health, safety, or welfare; or (3) there is a paramount public purpose. (b) Notice; compliance. The Director shall notify the permittee of action taken under subsection (a) by a written, electronic, or facsimile communication, and the permittee shall comply immediately after receipt of the notice. (c) Content. A stop work order shall state the conditions under which work may be resumed and shall be posted at the site. (1985 Code, Art. 25, § 25-3-502) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

§ 13-3-503. Order to cure.

(a) Generally. The Director may order an owner or permittee who has violated applicable law, regulations, the Design Manual, the County’s Standard Specifications and Details for Construction, or any term, condition, or limitation of a permit, to cure the violation within the time specified in the order. (b) Content. An order issued under this section shall warn the person that a failure to comply within the time specified makes the person subject to the imposition of a civil fine under § 13-1-107 and to liability for any costs incurred by the Department to effectuate compliance. (c) Noncompliance; completion of work by County. If the owner or permittee fails, neglects, or refuses to comply with an order issued under this section, the Director may complete the excavation or other work in the right-of-way in any manner the Director deems appropriate, and the owner and permittee shall compensate the Department for all costs incurred, including costs for administration, construction, consultants, equipment, inspection, notification, remediation, repair, and restoration. The cost of the work may be deducted from any security required by § 13-3-301. The Department’s completion of an excavation or other work in the right-of-way does not relieve the owner or permittee from the warranty and liability provisions of § 13-3-208, the indemnification provisions of § 13-3-209, or any other term or condition of this title. (1985 Code, Art. 25, § 25-3-503) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)

TITLE 4. SOLID WASTE COLLECTION



Section 13-4-101. "Solid waste" defined. 13-4-102. Powers and duties of Director. 13-4-103. Collection service areas. 13-4-104. Collection practices; containers. 13-4-105. Solid waste service charge. 13-4-106. Commercial recycling. 13-4-107. County owned or operated landfills and solid waste disposal facilities. 13-4-108. Unauthorized removal of recyclable materials. 13-4-109. Solid Waste Financial Assurance Fund.

§ 13-4-101. "Solid waste" defined.

In this title, "solid waste" means trash, recyclables, yard waste, and other waste matter, but the term does not include explosives, poisons, acids and caustics, hot ashes, coals, hazardous waste, or medical waste. (1985 Code, Art. 25, § 25-6-101) (Bill No. 63-04)

§ 13-4-102. Powers and duties of Director.

(a) Powers. For a sanitary landfill or other solid waste facility owned and operated by the County, the Director may: (1) adopt rules and regulations and issue orders and directives relating to administration and operation; (2) establish operating hours and schedules for use; (3) prohibit the acceptance of solid waste that may prove detrimental to the operation and projected life of the landfill or other facility; and (4) prohibit the acceptance of solid waste that originates or is generated outside the County if acceptance of the waste would be detrimental to the best interests of the County. (b) Public record. The Director shall keep a record of the rules, regulations, orders, and directives adopted or issued by the Director. The record shall be open to public inspection at reasonable times. (1985 Code, Art. 25, § 25-6-201) (Bill No. 34-03; Bill No. 63-04)

§ 13-4-103. Collection service areas.

The Director may establish solid waste collection service areas in the County, except in the City of Annapolis. The Director may have solid waste collected by County employees or by independent contractors. (1985 Code, Art. 25, § 25-6-102) (Bill No. 63-04)

§ 13-4-104. Collection practices; containers.

(a) Container. Each person whose property is supplied with collection service by the County shall collect the solid waste accumulating on the premises into a suitable container.



(b) Number. No more than four containers of solid waste other than recyclables may be placed for removal on any one day. There is no restriction on the number of containers of recyclables, including yard waste, that may be placed for removal. (c) Placement and removal. Solid waste shall be placed for collection at the curb line of the road so as to provide easy and safe access for the collectors. Containers shall be placed curbside no earlier than 5:00 p.m. on the day preceding collection. Each empty container shall be taken in and stored by midnight on the day of collection. (1985 Code, Art. 25, §§ 25-6-104, 25-6-105) (Bill No. 63-04)

§ 13-4-105. Solid waste service charge.

(a) Generally. The County Council shall establish a service charge to be made to each person whose property is supplied with County curbside collection service. The service charges in the aggregate shall be sufficient to defray the cost of all solid waste collection services provided by the County. (b) Amount. There is a service charge in the amount of $298. The service charge shall be collected as provided in § 1-9-101 of this Code. (c) Unoccupied property due to military service. At a property owner’s request, if residential property will be unoccupied for three months or more because an owner of the property is activated to military service pursuant to an Executive Order issued by the President of the United States, the Director may prorate the service charge based on the amount of time the property is unoccupied. The property owner shall provide the Department with a copy of the military orders calling the owner to active duty. (1985 Code, Art. 6, § 5A-102; Art. 25, § 25-6-106) (Bill No. 29-95; Bill No. 47-96; Bill No. 63-04; Bill No. 7-05; Bill No. 38-11; Bill No. 43-12; Bill No. 5-13)

§ 13-4-106. Commercial recycling.

(a) Generally. The Director shall establish a voluntary curbside collection service for recyclables from persons whose property is not supplied with curbside collection service under § 13-4-105, and may set reasonable criteria for determining eligibility for participation in the service. (b) Service charge. There is a service charge, to be determined by the Director on a property-by-property basis based on the cost of collection from that property, to be charged to each person that participates in the voluntary curbside collection program. This service charge will be billed annually by the Office of Finance. (Bill No. 4-08)

§ 13-4-107. County owned or operated landfills and solid waste disposal facilities.

(a) Scope. This section establishes charges, requirements, and prohibitions for the disposal of solid waste at sanitary landfills or other facilities owned or operated by the County. The charges established in this section do not apply to solid waste that the County is obligated to accept pursuant to a contract. (b) City of Annapolis. The County may contract with the Mayor and Aldermen of the City of Annapolis to accept solid waste generated within the jurisdiction of the City at rates



and under conditions provided for in the agreement so long as the rate charged for solid waste disposal to the City of Annapolis is not lower than the rate charged for solid waste disposal in the County. (c) Requirements and prohibitions. All solid waste shall be contained or covered so as to avoid the loss of waste from the vehicle during transportation and the creation of litter. A person may not dispose of solid waste that originates or is generated outside of the County and may not dispose of off-the-road equipment tires or combustion ash. (d) Charges. Each person delivering solid waste shall pay the charges set forth in the chart in this subsection:

Solid waste delivered by a commercial business $75 per ton Solid waste delivered in a dump truck, flatbed truck, stake body truck, box truck, rental truck/trailer, or double axle trailer

$75 per ton

For large, unusually difficult to handle items or bulky compact items, such as house trailers, boats in excess of 20 feet in length, stumps, and concrete

$200 per ton

On-the-road vehicle tires from a vehicle other than a vehicle owned by the person delivering the tires

125% of the cost to the County to dispose of the tires, plus $ 7.00 for each tire mixed with other solid waste

On-the-road vehicle tires from a vehicle owned by the person delivering the tires

No charge for four or fewer tires, but for each tire in excess of four tires $ 7.00

Residential solid waste not covered by a listing above

No charge

(e) Charges based on weight. All charges based on weight shall be computed proportionally, with a 60-pound minimum. When a weighing scale is unavailable or inoperative and the solid waste is delivered in an open vehicle, the Department shall estimate the weight of the solid waste and the charge is $75 per ton in accordance with the estimate. When a weighing scale is unavailable or inoperative and the solid waste is delivered in a closed vehicle, the charge is $33 per cubic yard of rated capacity. (f) Refunds. The Controller shall refund the charges under subsections (d) and (e) to a housing development organization that proves to the satisfaction of the Controller that it has non-profit charitable status under § 501(c)(3) of the Internal Revenue Code and that it paid, or a contractor paid on its behalf, the charges in connection with the construction or rehabilitation of housing for low and moderate income households that earn up to 80% of the median income for the Baltimore Statistical area, adjusted for household size, as determined annually by the United States Department of Housing and Urban Development. (g) Charge for violations. If Department discovers that a person has delivered solid waste in violation of this section, the person improperly delivering the solid waste shall pay a charge of $260 per ton. (1985 Code, Art. 6, § 5A-103) (Bill No. 81-85; Bill No. 33-86; Bill No. 22-87; Bill No. 38-87; Bill No. 35-88; Bill No. 35-91; Bill No. 64-92; Bill No. 38-93; Bill No. 50-94; Bill No. 29-95; Bill No. 60-95; Bill No. 47-96; Bill No. 40-97; Bill No. 34-03; Bill No. 15-05; Bill No. 64-07; Bill No. 31-09)



§ 13-4-108. Unauthorized removal of recyclable materials.

(a) County property. Recyclable materials at sanitary landfills or other facilities owned by the County are County property. (b) Prohibition. Unless authorized by the County, a person may not remove or cause to be removed recyclable materials from sanitary landfills or other facilities owned by the County. (c) Authority of law enforcement to search and seize. Law enforcement officials are authorized to search and seize recyclable materials that become County property under subsection (a) of this section. (Bill No. 91-10)

§ 13-4-109. Solid Waste Financial Assurance Fund.

(a) Establishment. There is a Solid Waste Financial Assurance Fund. (b) Purpose. The Solid Waste Financial Assurance Fund shall be used to: (1) constitute the financial assurance required by federal regulation for closure and post- closure care of each municipal solid waste landfill owned or operated by the County, if necessary; or (2) finance closure and post-closure care of each municipal solid waste landfill owned or operated by the County that is subject to the financial assurance requirements for closure and post-closure care under applicable federal regulations. (c) Administration. (1) If the Solid Waste Financial Assurance Fund is used for the purpose set forth in subsection (b)(1), Trustees designated by the County Executive shall administer the Fund, and the Fund shall be administered pursuant to a trust agreement meeting the requirements of federal regulation; and (2) If the Solid Waste Financial Assurance Fund is used to finance closure and post-closure care under subsection (b)(2) and the funds accumulated in the Fund are insufficient to fully fund the estimated liability for closure and post-closure care recorded in the County’s audited annual financial statements for the previous fiscal year, the budget submitted to the County Council for the next three fiscal years shall include an amount sufficient to fully fund the estimated liability by the end of the third fiscal year. (1985 Code, Art. 6, § 5A-101) (Bill No. 39-93; Bill No. 91-10; Bill No. 76-12)

TITLE 5. UTILITIES

Section

Subtitle 1. In General

13-5-101. Sanitary district; subdistricts. 13-5-102. Mayo Water Reclamation Subdistrict. 13-5-103. Department to control facilities; rules and regulations. 13-5-104. Purchase and sale of water and wastewater services. 13-5-105. Acquisition of private water and wastewater systems.



13-5-106. Conservation of water during shortage. 13-5-107. Fire hydrants. 13-5-108. Backflow devices – Irrigation systems. 13-5-109. Changes in grade affecting installation. 13-5-110. Agreements with developers. 13-5-111. Installation of public water and wastewater facilities by developers. 13-5-112. Odenton Town Center Sanitary Subdistrict.

Subtitle 2. Private Water and Wastewater Systems

13-5-201. Connection to private wastewater system required. 13-5-202. Construction of private water and wastewater systems.

Subtitle 3. Extension of Public Water and Wastewater Systems

13-5-301. Scope. 13-5-302. Extension on initiation by Department. 13-5-303. Extension on initiation by property owners. 13-5-304. Service access connection. 13-5-305. Connections to public water and wastewater mains required. 13-5-306. Unlawful connection.

Subtitle 4. Allocation and Allotment of Water and Wastewater Capacity

13-5-401. Definitions. 13-5-402. Allocation. 13-5-403. Charges and fees for property subject to adequate public facilities. 13-5-404. Fees and charges for property otherwise connecting. 13-5-405. Lapse. 13-5-406. Private financing for additional capacity. 13-5-407. Assignment or conveyance of allocation. 13-5-408. Allotment.

Subtitle 5. Wastewater Discharge Requirements

13-5-501. Definitions. 13-5-502. Abbreviations. 13-5-503. Conformity to subtitle. 13-5-504. Prohibited discharges in general. 13-5-505. Limitations on wastewater strength. 13-5-506. Accidental discharges – Protection against. 13-5-507. Discharge of hauled wastes. 13-5-508. Fees. 13-5-509. Wastewater discharge permits – Nonresidential users. 13-5-510. Hauled waste discharge permits. 13-5-511. Standards; modification. 13-5-512. Reporting requirements. 13-5-513. Monitoring facilities. 13-5-514. Inspections.



13-5-515. Confidential information. 13-5-516. Records retention. 13-5-517. Bypasses. 13-5-518. Upsets. 13-5-519. Administrative enforcement; injunctive relief.

Subtitle 6. Front Foot Assessments

13-5-601. Authority to impose; liability; lien. 13-5-602. Determination of basic rate. 13-5-603. Determination of assessable amount. 13-5-604. Properties permitted to connect. 13-5-605. Determination of number of boundary feet. 13-5-606. Notice and hearing; finality; adjustments.

Subtitle 7. Special Benefit Charges

13-5-701. Definition. 13-5-702. Liability. 13-5-703. Assessment and rate.

Subtitle 8. Charges and Assessments for Water and Wastewater

13-5-801. Liability. 13-5-802. Scope. 13-5-803. Definitions. 13-5-804. Determination of equivalent dwelling units. 13-5-805. Metered water and wastewater charges. 13-5-806. Wastewater charges for properties with water meters on private water

sources and for properties without water service. 13-5-807. Annual report on water and wastewater service charges. 13-5-808. Environmental fee. 13-5-809. Penalties, back-billing, adjustments, and payments. 13-5-810. Procedure when charges not paid. 13-5-811. Charge for restoration of water service. 13-5-812. Charge for meter reading and special billing. 13-5-813. Water and wastewater system connection charges and assessments. 13-5-814. Special charges – Mayo Water Reclamation Subdistrict. 13-5-815. Exemption for elderly or disabled. 13-5-816. Water and wastewater revolving fund.

Subtitle 9. Other Charges and Fees

13-5-901. Rates for disposal of septic tank sludge, chemical waste, and holding tank waste.

13-5-902. Rates for private fire protection systems. 13-5-903. Private fire hydrant charge. 13-5-904. Fees for fire hydrant permits. 13-5-905. Fees for County fire hydrant meters.



13-5-906. Fire flow test charge.

SUBTITLE 1. IN GENERAL

§ 13-5-101. Sanitary district; subdistricts.

(a) Sanitary district. The whole of the County, except for those portions of the County that lie within the corporate limits of the City of Annapolis, constitutes the sanitary district of the County. The sanitary district of the County includes those federal government installations within the County that elect to utilize the water and wastewater services of the County. (b) Subdistricts. The Director may establish sanitary subdistricts within the County when necessary to facilitate administration of this title. (1985 Code, Art. 25, § 25-5-101) (Bill No. 99-01; Bill No. 63-04)

§ 13-5-102. Mayo Water Reclamation Subdistrict.

(a) Establishment; expansion. There is a Mayo Water Reclamation Subdistrict, the boundaries of which are as set forth in the master plan for water and sewer. On petition by a majority of affected property owners, at the direction of the appropriate State or County Health Official or on the Director's own initiative, the Director may recommend to the County Council expansion of or changes to the subdistrict. (b) Rules and regulations. The Director shall adopt rules and regulations for the management of the Mayo Subdistrict, including rules and regulations to control and manage expansion of the modular sand filter and wetland system treatment units and the modular cells at the soil absorption systems and to establish procedures for petitions for expansion of service, for determining the level of service to be provided, for administering the service availability charge set forth in § 13-5-814, and for making connections to the system. (c) Type of utility service. The Director has the sole discretion to determine the type of service to be provided for each property in the Mayo Subdistrict. (1985 Code, Art. 25, § 25-5-102) (Bill No. 63-04)

§ 13-5-103. Department to control facilities; rules and regulations.

The Department shall exercise control of publicly owned water and wastewater facilities in the County. On recommendation of the Director and approval by the County Council, the Department may adopt rules and regulations governing the use and conservation of publicly owned water and wastewater facilities. (1985 Code, Art. 25, § 25-5-103) (Bill No. 63-04)

§ 13-5-104. Purchase and sale of water and wastewater services.

The County Executive may enter into agreements with the Mayor and City Council of Baltimore City, the Mayor and City Council of the City of Annapolis, the federal government, or the appropriate officials of adjoining counties or political subdivisions for the purchase or sale of water or wastewater services.



(1985 Code, Art. 25, § 25-5-104) (Bill No. 63-04; Bill No. 100-15)

§ 13-5-105. Acquisition of private water and wastewater systems.

When the Department has extended its water supply or wastewater system up to and is ready to connect with a private water supply or wastewater system or is otherwise preparing to provide water or wastewater service to an area within the County and the Department considers it advisable and proper for the adequate operation of the system under its jurisdiction to take over the water or wastewater system, it may acquire the system by gift, exchange, purchase, or negotiated agreement, except that the Department may not acquire an existing water or wastewater system that is not in conformity with the County's Standard Specifications and Details for Construction or that was constructed in violation of requirements of the Maryland Department of the Environment as to construction specifications or standards or capacity. (1985 Code, Art. 25, § 25-5-105) (Bill No. 93-97; Bill No. 63-04)

§ 13-5-106. Conservation of water during shortage.

(a) Definition. In this section, "public water shortage" means a situation in which the Department is unable to provide public water of sufficient pressure and quality to residents of the County or a part of the County to accommodate normal domestic inside uses of public water exclusive of outside uses, such as sprinkling of lawns, washing of cars, and filling of swimming pools. (b) Declaration. If the Director determines that a public water shortage exists or is anticipated in the County or in a part of the County, the Director may declare a state of public water shortage. (c) Rules and regulations. The Director may adopt rules and regulations designed to conserve the public water supply in the County or parts of the County affected by the water shortage by restricting the use of the public water supply in the area affected. The rules and regulations shall be advertised for two successive days in at least one newspaper having a general circulation in the County. The advertisement shall specify the parts of the County affected by the declared state of public water shortage; the terms of the rules and regulations adopted; the manner in which the use of the public water supply is restricted; and the penalties enumerated in subsection (e) for violation of the rules and regulations and water use restrictions. (d) Effective date of rules and regulations. The rules and regulations shall take effect at the time of the declaration of the state of public water shortage, but liability under subsection (e) may not attach until the rules and regulations have been advertised. (e) Water service termination. The Director may turn off the water service to a user of public water violating any of the provisions of the rules and regulations restricting the use of public water during a declared state of public water shortage if the Director has advised the user of the violation and has requested the user to cease the activity constituting the violation and the user does not cease the activity within a period of time reasonable under the circumstances. If water service to a non-complying user is turned off in accordance with the provisions of this subsection, the Director may charge the user a turn-off and turn-on charge to be levied and assessed against the non-complying user in a like manner as other charges and assessments for utility services. (1985 Code, Art. 25, § 25-5-106) (Bill No. 63-04)



§ 13-5-107. Fire hydrants.

(a) Definitions. In this section, the following words have the meanings indicated. (1) “Backflow prevention device” means a device or means used to prevent the flow of gas, liquids, solids, or other substances into the public water supply. (2) “Permit holder” means a person or a duly authorized representative of a person who is issued a fire hydrant connection permit under this section. (3) “Privately-owned meter” means a water meter that is not owned by the County. (b) Scope. This section does not apply to the Fire Department or to an established Volunteer Fire Department. (c) Permit for connection to public fire hydrants. A person may not operate, use, or make a connection to a public fire hydrant without a fire hydrant connection permit issued by the Department. To obtain a fire hydrant connection permit, a person shall submit an application on a form provided by the Department and shall pay the permit fee set forth in § 13-5-904. A separate permit application and fee is required for each water meter. A permit may not be issued to a person who has any outstanding violations of this section or who owes any past due fees or charges under this section. Upon approval of an application for a fire hydrant connection permit, the Department shall issue a permit and a Department representative shall place a tag containing the permit number on the water meter approved for use under the permit. (d) Water meters. If a fire hydrant connection permit is issued, the permit holder shall use only the water meter and backflow prevention device approved by the Department in the permit. A permit holder may rent a water meter from the County upon payment of the rental and deposit rates set forth in §§ 13-5-904 and 13-5-905, or may use a privately-owned meter if the meter is inspected and approved by the Department. If the Director determines it is in the best interest of the County, the Department may prohibit the use of privately-owned meters for connection to fire hydrants and may establish a policy under which the County may purchase privately-owned meters to rent to permit holders. (e) Permit terms. A fire hydrant connection permit shall be valid through December 31 of the calendar year during which it is issued, unless otherwise indicated in the permit. The permit shall contain the terms of connection and shall indicate the fire hydrants to which connection is authorized. A permit holder may not connect to or draw water from a fire hydrant not authorized for connection in the permit. A permit holder shall comply with the terms of this section and the fire hydrant connection permit. (f) Permit display; backflow prevention device. A person may not make a connection to or draw water from a fire hydrant unless that person possesses a copy of a valid fire hydrant permit and uses a water meter with a tag matching the permit. A person may not make a connection to or draw water from a fire hydrant without using a properly functioning backflow prevention device approved by the Department. (g) Permit for special water agreements. A written agreement between the County and a person applying for a fire hydrant connection permit shall be executed by both parties before a permit is issued for the purpose of providing an ongoing supply of water that the Director determines to be necessary to mitigate an urgent condition caused by the unavailability or inadequacy of the permit applicant’s water supply. The agreement shall set forth the reasons for the connection, the location of the hydrant to which connection is to be made, the applicable



time frames for connection, the applicable rates and fees, and any terms and conditions as determined by the Director to be necessary to ensure proper use of water from a fire hydrant. (h) Water usage and billing. Permit holders shall be billed semi-annually or upon return of a rented meter for all water obtained from public fire hydrants at the rate set forth in § 13-5-805(d). A person who obtains water from a public fire hydrant without a fire hydrant connection permit shall be charged for the amount of water estimated by the Department to have been obtained at the rate set forth in § 13-5-805(d). (i) Mid-year meter reading. By June 30 of each year, a permit holder shall provide the Department with a meter reading for each meter for which a permit is issued. The permit holder shall thereafter be billed for all water usage indicated by the meter reading. (j) Annual meter reading; meter return and inspection. (1) By December 31 of each year, a permit holder shall return a water meter rented from the County to the Department for inspection, calibration, and meter reading. The permit holder shall be responsible for the annual inspection fee if the meter was rented for more than one month, any water meter repair fees, and for any water usage not previously billed to the permit holder. The water meter deposit paid by the permit holder shall be applied towards payment of the charges and if a deposit balance remains it shall be returned to the permit holder. If the water meter deposit is less than the charges, the permit holder shall be billed the amount that exceeds the deposit. (2) By December 31 of each year, a permit holder shall bring all privately-owned meters for which a permit was issued during the year to the Department for inspection, calibration, and meter reading. The permit holder shall be billed the annual inspection fee, any water meter repair fees, and for any water usage not previously billed. (k) Sanctions; penalties. (1) If a permit holder fails to use a backflow prevention device on a water meter connected to a fire hydrant or if the Department determines a backflow prevention device is in disrepair or malfunctioning, all fire hydrant connection permits issued to that permit holder shall be suspended until a backflow prevention device is repaired or installed on the water meter and approved by the Department. (2) If a permit holder fails to provide a meter reading in accordance with subsection (i), or fails to bring a privately-owned meter to the Department or return a rented meter to the Department in accordance with subsection (j): (i) all fire hydrant connection permits issued to that permit holder shall be revoked and further fire hydrant connection permits may not be issued until the permit holder complies with this section; (ii) the permit holder shall be charged a penalty of $10 per water meter beginning 30 days after failing to comply with subsection (i) or (j) and for each subsequent 30 day period for which the permit holder fails to comply with subsection (i) or (j), the permit holder shall be charged an additional $10 penalty until the permit holder complies with subsection (i) or (j); and (iii) the permit holder shall be charged a semi-annual water usage charge beginning 60 days after failing to comply with subsection (i) or (j), in an amount that is the greater of the average of the permit holder’s prior semi-annual water usage charges, or $100, for each semi-annual period until the permit holder complies with subsection (i) or (j).



(3) If a permit holder fails to return a rented meter to the County at the end of the permit term in accordance with subsection (j), the full amount of the deposit fee for the water meter shall be forfeited to the County. (l) Civil fines. It is a Class D civil offense, punishable by a civil fine as provided by § 9-2-101 of this Code, to: (1) fail to provide a meter reading to the Department by June 30; (2) fail to provide a meter reading to the Department by December 31; (3) fail to return a meter rented from the County to the Department by December 31; (4) fail to bring any privately-owned meter for which a permit was issued during the year to the Department by December 31; or (5) violate any other provision of this section or the terms of a fire hydrant connection permit. (m) Private and County fire hydrants. A three foot clear space shall be maintained around a private fire hydrant and a County fire hydrant, measured from the center of the operating nut on the top of the hydrant. Private fire hydrants shall be painted red with black below the bottom flange in accordance with the paint specifications contained in the County’s Standard Specifications and Details for Construction. (1985 Code, Art. 25, § 25-5-107) (Bill No. 63-04; Bill No. 58-12)

§ 13-5-108. Backflow devices – Irrigation systems.

If the owner or user of an irrigation system connected to public water does not have a properly functioning backflow device as required by Article 15 of this Code, the Department may turn off public water to the owner or user.

§ 13-5-109. Changes in grade affecting installation.

(a) Definition. In this section, "person" has the meaning stated in § 1-1-101 of this Code and, in addition, includes any city or state, any subdivision of a city or state, and a department of County government other than the Department. (b) Requirement. Whenever a person changes a road grade or surface or makes an excavation or fill that requires a change in the elevation of a manhole, valve box, meter vault, wastewater or water mains or lines, or appurtenances, the person shall make the necessary change in the elevation of the manhole, valve box, meter vault, water or wastewater main or line, or appurtenance at the person's own expense. (c) Costs. If a person fails or refuses to make the necessary change in the elevation of the manhole, valve box, meter vault, water or wastewater main or line, or appurtenance , the Department may make the necessary change and charge the person for the actual time and materials involved and a proportionate share of the current overhead. (1985 Code, Art. 25, § 25-5-108) (Bill No. 63-04)

§ 13-5-110. Agreements with developers.

(a) Generally. The County may enter into agreements that:



(1) permit a developer to recoup from a subsequent user, directly or through the County, the actual cost of any improvements to the County's water or wastewater system constructed or paid for by the developer that are over and above those improvements otherwise required by this Code; (2) provide credits against water and wastewater special benefit charges and capital connection charges for the actual cost of any improvements to the County's water and wastewater system constructed or paid for by the developer that are over and above those improvements otherwise required by this Code; and (3) waive front foot benefit charges and user connection charges when lateral lines are installed by a developer within or abutting properties that are being improved by the developer. (b) Contents. Each agreement shall provide that any construction undertaken shall be by a licensed utility contractor and be under the control and supervision of the Director of the Department of Inspections and Permits; each developer shall pay the County a reasonable inspection fee for any work not undertaken by the County; and each developer shall pay a special water or special wastewater benefit charge if adopted in accordance with § 13-5-703. (c) Other terms and conditions. The Director may negotiate and prescribe the terms and conditions of each agreement in order to carry out the intent of this section and protect the interests of the County. (1985 Code, Art. 25, § 25-5-109) (Bill No. 64-85; Bill No. 63-04)

§ 13-5-111. Installation of public water and wastewater facilities by developers.

(a) Requirements relating to fees or assessments by developer to owner. If a developer or a developer's successor or assignee enters into an agreement pursuant to § 13-5-110 and charges a fee or assessment that purports to cover or defray all or part of the cost of installing or maintaining all or any part of the public water or wastewater facilities installed in a subdivision, the developer, the developer's successor, or any subsequent assignee shall: (1) ensure that the terms and conditions of the fee or assessment are set forth in any contract of sale for the first residential dwelling unit to be built on each lot in the subdivision; (2) annually bill each property owner subject to payment of the fee or assessment and notify the property owner, in writing, of the amount due, the remaining term, and the total balance; (3) permit the prepayment without penalty of all or part of the fee or assessment by discounting the annualized payments at an interest rate of six percent to determine their equivalent present worth; and (4) notify the property owner, in writing, if the right to collect the fee or assessment is assigned, and the notice shall include the full name and address of the assignee, the date of the assignment, and the outstanding balance owed on the fee or assessment. (b) Failure to comply with subsection (a). The failure of a developer, a developer's successor, or any subsequent assignee to comply with the provisions of subsection (a) shall render void any obligation of the property owner to pay the fee or assessment. The requirements established by subsection (a) shall be binding on the original developer, the developer's successor, and any subsequent assignees throughout the life of the fee or assessment.



(c) Notice to purchasers. Each contract for the sale of real property in the County served by public water or wastewater facilities constructed as a result of an agreement permitted by § 13-5-110 shall contain a notice to the purchaser in substantially the following form:

Notice to purchasers of real estate in Anne Arundel County This property is subject to a fee or assessment which purports to cover or defray the cost of installing or maintaining all or part of the public water or wastewater facilities constructed by the developer of the subdivision. This fee or assessment is (amount) payable annually in (month) to (name and address) (hereinafter called ‘lienholder') until (date). There may be a right of prepayment or discount for early payment which may be ascertained by contacting the lienholder. This fee or assessment is a contractual obligation between the lienholder and each owner of this property and is not in any way a fee or assessment by Anne Arundel County.

(d) Failure to comply with subsection (c). If a seller subject to this section fails to comply with the provisions of subsection (c): (1) prior to settlement, the purchaser shall have the right to rescind the contract and to receive a full refund of all deposits paid on account of the contract, but the right of rescission shall terminate five days after the seller provides to the purchaser written notice in compliance with subsection (c); and (2) following settlement, the seller shall be liable to the purchaser for the full amount of any open lien or assessment. (1985 Code, Art. 17, § 1-103) (Bill No. 63-04; Bill No. 51-05)

§ 13-5-112. Odenton Town Center Sanitary Subdistrict.

(a) Establishment. There is an Odenton Town Center Sanitary Subdistrict, the boundaries of which are set forth on a map entitled “Map of Odenton Town Center Sanitary Subdistrict” dated July 12, 2010. A certified copy of that map shall be permanently kept on file by the Administrative Officer to the County Council and the Office of Planning and Zoning, and a copy shall be included in the Anne Arundel County Master Plan for Water Supply & Sewerage Systems. (b) Purpose. The primary purpose of the Odenton Town Center Sanitary Subdistrict is to provide a means for the County to finance one or more capital projects in order to make improvements to the County’s wastewater system required to provide 9,000 equivalent dwelling units of additional wastewater conveyance capacity estimated to be necessary to support development of the Odenton Growth Management Area in accordance with the Odenton Town Center Master Plan. (c) Means of financing; imposition of sewer service surcharge. The County shall recover the costs of capital projects financed by the means described in this section, including the costs of interest paid on County bonds, by imposing a sewer service surcharge on all properties within the Odenton Town Center Sanitary Subdistrict newly connecting to the County’s wastewater system, and on each residential, commercial or industrial property within the Odenton Town Center Sanitary Subdistrict that has an existing connection and undergoes an expansion or addition to the improvements on the property, or a change in use, that the Director determines will require an increase in wastewater flow.



(d) Basis of surcharge. The sewer service surcharge imposed on a property shall be based on the number of equivalent dwelling units required by the connection or by the expansion or addition or change in use as described in subsection (c). (e) Calculation of rate of surcharge. Except as provided in subsection (k), the initial rate of the sewer service surcharge shall be calculated by dividing the final costs of the capital projects necessary to provide the 9,000 equivalent dwelling units of additional wastewater capacity by 9,000, with the resulting quotient constituting the sewer service surcharge imposed for each equivalent dwelling unit of capacity required by a property in accordance with subsection (d). The calculation of the initial rate shall be based on the final costs of the capital projects as determined by the Director and approved by the County Budget Officer. (f) Periodic increase in rate of surcharge. The rate in effect before January 1, 2016 shall increase on January 1, 2016 by 6% or such other percentage determined by the County Council, and on each subsequent January 1st the rate then in effect shall increase by 6% or such other percentage determined by the County Council. (g) Time for payment. The sewer service surcharge shall be paid in full at the time and as a condition of building permit issuance or eight years from the date of allocation, whichever is earlier. (h) Other fees and charges. A property subject to sewer service surcharge under this section shall be subject to all other assessments, fees, and charges imposed under this title, and to all other provisions of this title, except as expressly stated otherwise in this section. (i) Development Rights and Responsibilities Agreement. A Development Rights and Responsibilities Agreement approved in accordance with § 17-7-805 of this Code may include provisions modifying the manner in which capacity is reserved for development and the manner in which the date of allocation is determined for the purpose of establishing when fees and charges become due and payable. (j) Surcharge rate prior to availability of final costs. Until the final costs of the capital projects are available for purposes of the calculation required by subsection (e), the rate of the sewer service surcharge shall be $1,411 per equivalent dwelling unit. (Bill No. 71-10; Bill No. 24-11; Bill No. 111-15)

SUBTITLE 2. PRIVATE WATER AND WASTEWATER SYSTEMS

§ 13-5-201. Connection to private wastewater system required.

(a) Evaluation of sewerage conditions. In each community that does not have adequate facilities for the disposal of wastewater in which the Director has determined not to construct a wastewater system and in which there is or may be constructed or maintained by private enterprise a wastewater system or disposal plant for public use, the Health Officer shall determine whether the sewerage conditions in the community are reasonably dangerous to public health or to the health of the residents of the community. (b) Notice and opportunity to be heard. Before making a determination under subsection (a), the Health Officer shall give due notice to each person who may be directly affected and shall give them an opportunity to be heard. (c) Results of investigation. After an investigation of a community conducted in accordance with subsections (a) and (b), the Health Officer shall inform the Director on finding



that the sewerage conditions in the community are reasonably dangerous to public health or to the health of the residents of the community. (d) Order to connect. After being informed in accordance with subsection (c), the Director shall issue an order adopting the findings of the Health Officer and ordering the owners or occupants of the community within a reasonable time and in a reasonable manner prescribed in the order to connect their respective premises with the private wastewater system. (e) Public Service Commission approval. An owner or occupant of property in the County is not required to connect the premises with a private wastewater system under the provisions of this section unless the rates and terms for the connection have been approved by the State Public Service Commission and the connection is permitted at the rates and on the terms approved by the State Public Service Commission. (1985 Code, Art. 25, § 25-5-201) (Bill No. 63-04)

Charter reference – §§ 601 et seq.

§ 13-5-202. Construction of private water and wastewater systems.

(a) Scope. This section does not apply to a water supply or wastewater collection or treatment system constructed for the sole purpose of serving a single building or to a wastewater treatment system involving subsurface seepage. (b) Permit required. A person may not construct, alter, or extend a water supply system or a wastewater collection and treatment system within the County without a permit from the Department of Inspections and Permits. (c) Plans and specifications. A permit required by the provisions of subsection (b) may not be issued until complete plans and specifications for the construction, alteration, or extension, together with the information required by the Department of Public Works, have been submitted to and approved by the Department of Public Works and the Health Department. (d) Compliance with plans and specifications; as builts. The construction, alteration, or extension of water supply or wastewater collection and treatment systems shall comply with the filed plans and specifications and with the terms of the permit. Variances from the plans submitted may not be allowed until approved by the Director of Public Works. On completion of the work, the permittee shall file with the Department of Public Works a plan of the system as built. (e) Denial of petition. If a person or a group of property owners or residents has petitioned the Director for water or wastewater service and the petition has been denied, the person or group of property owners or residents may construct or establish the water or wastewater system upon obtaining a permit as required by Article 11 of this Code and operate the same at its or their own expense. The system shall be constructed in accordance with plans and specifications prepared in agreement with criteria established by the Department, and the system shall be constructed under the supervision and control of the Department. Construction and operating costs records shall be maintained and shall be filed with the Department, and the actual costs incurred by the Department in the approval of the plans, supervision, or inspection of the systems shall be paid to the County by the owners of the system. (1985 Code, Art. 25, § 25-5-202) (Bill No. 63-04)



SUBTITLE 3. EXTENSION OF PUBLIC WATER AND WASTEWATER SYSTEMS

§ 13-5-301. Scope.

This subtitle does not apply in the Mayo Water Reclamation Subdistrict. (1985 Code, Art. 25, § 25-5-301) (Bill No. 63-87; Bill No. 63-04)

§ 13-5-302. Extension on initiation by Department.

(a) Generally. The Director may make or have made surveys, plans, specifications, and estimates for the extension of water or wastewater systems. (b) Notice. If extension of a water or wastewater system is contemplated, the Director shall give notice by publication as provided in § 13-1-103. The notice shall state the extent of the improvements; the proposed area to be served; the probable cost of the improvements; that plans and cost and revenue estimates of the improvements are available for public inspection during regular business hours; and a time and place for a public hearing before the Director when persons interested in the improvements may appear and present their views. (c) Decision. Within 30 days after the hearing specified in the notice by publication, the Director shall make a decision on whether to proceed with the improvements. The decision shall be published as provided in § 13-1-103. (d) Private system unfit. The Director may order the extension of the County's water and wastewater systems into an area in which a private water supply or wastewater system is unfit, as determined by the Health Department. (1985 Code, Art. 25, § 25-5-302) (Bill No. 63-87; Bill No. 63-04; Bill No. 62-11)

§ 13-5-303. Extension on initiation by property owners.

(a) Petition. (1) The majority of the owners of real property in a defined area within the County that is not served by public water or wastewater facilities may petition the Department for the establishment of water or wastewater facilities within the area, the boundaries of which shall be specifically described in the petition. (2) The majority of the owners of private water or wastewater facilities may petition the Department to bring the private water or wastewater facilities up to County standards such that the private facilities can become owned by the County. (3) Owners of real property that have access to, but are not connected to, public water or wastewater facilities and that are connected to a private regional water or wastewater system may petition the Department to be included in a sanitary subdistrict or a project approved under this section that will provide public water or wastewater service in place of the service provided by the private regional water or wastewater system. (b) Preliminary estimate. On receipt of the petition, the Department shall prepare without cost to the petitioners a preliminary estimate to determine the facilities required and their approximate cost and method of financing and a preliminary report outlining the compliance with additional criteria as specified in rules and regulations. If necessary, the Department shall also prepare an estimate of the cost of making a detailed engineering and financial survey and



report covering anticipated revenues and necessary financing of the proposed facilities. In cases involving non-major extensions of existing systems, the Director may omit the preliminary estimate and proceed to conduct the detailed survey and report as provided in subsection (g), using Department personnel. (c) Publication. When the preliminary estimate is completed, the Department shall give notice by publication as provided in § 13-1-103. The notice shall specify the extent of the improvements; the proposed area to be served; and a time and place for a preliminary public hearing before the Director when persons interested in the improvements may appear and present their views. (d) Preliminary public hearing. At the time and place specified in the notice, the Director shall hold a preliminary public hearing. Persons interested in the improvements may appear at the hearing and present their views. In addition, the following information shall be presented at the public hearing: the probable cost and revenue estimates of the proposed facilities as determined from the preliminary estimate; the probable cost of the preparation of the detailed engineering and financial survey and report incident to the detailed engineering and financial survey; and the preliminary compliance report. (e) Decision. On the basis of the preliminary estimates and the preliminary compliance report, the Director shall determine whether to proceed with the detailed engineering and financial survey and report of the proposed facilities. If the Director determines not to proceed with the detailed engineering and financial survey and report, the Director shall give notice as provided in § 13-1-103 outlining the basis of the decision and the provisions of this subsection and subsection (f). (f) Petition for detailed plans; costs. If the Director determines not to proceed with the detailed engineering and financial survey and report of the proposed facilities, the owners of a majority of the real property in the area defined in the original petition may further petition the Department to prepare a detailed engineering and financial survey and report. The costs incurred in making this report shall be borne by the owners of real property within the area. The estimated costs of the detailed survey and report shall be certified by the Director to the County Council. Unless sufficient funds to defray the costs are paid to the County, in its next annual tax ordinance the County Council shall levy a special assessment on real property within the area defined in the petition at a rate to raise an amount sufficient to pay the estimated costs. The special assessment shall be collected as provided in § 1-9-101 of this Code. The sums of money paid to the County under this subsection shall be credited in the water and wastewater utility fund. (g) Preparation of detailed plans. The Director shall cause detailed surveys, plans, specifications, engineers' reports, and estimates to be prepared when the Director has determined that the detailed surveys, plans, specifications, engineers' reports, and estimates of the proposed facilities should be prepared or when provision for payment of the costs of the detailed surveys, plans, specifications, engineers' reports, and estimates of the proposed facilities has been provided. (h) Publication. After completion of preparation of the detailed surveys, plans, specifications, engineers' reports, and estimates of the proposed facilities, the Department shall give notice by publication as provided in § 13-1-103. The notice shall specify the proposed area to be served and the time and place for a public hearing to be held by the Director. (i) Final public hearing. At the time and place specified in the notice, the Director shall hold a public hearing. Interested persons may appear at the hearing and present their views



and the Department shall make a complete report as to the probable cost of the facilities contemplated. (j) Single public hearing. If in the judgment of the Director the public interest, as well as the interest of a property owner, will not be prejudiced, the Director may hold a single public hearing on a petition for water and wastewater services as provided for in subsection (i) and dispense with the preliminary hearing provided for in subsection (d). (k) Determination; publication. On the basis of criteria specified in rules and in regulations and of surveys, plans, engineers' reports, and estimates, the Director shall determine whether the project complies with the rules and regulations, is feasible from an engineering standpoint, and will be self- sustaining. If the Director determines that the proposed project does not comply with the rules and regulations, is not feasible from an engineering standpoint, or will not be self-sustaining, the Director shall deny the extension of service. An order of denial or approval shall be published as provided in § 13-1-103. (l) Determination on whether project is self-sustaining. A project is self-sustaining if the Director determines that the County will recover the cost of a project from the estimated annual revenues of the project within 30 years after its completion. To determine the cost of a project, the Director shall first determine the estimated construction cost of the facilities to be installed, including engineering and costs of rights-of-way. From this figure, the Director shall subtract the portion of such estimated costs allocable to anticipated provision of service beyond the project area, plus contributions in aid of construction that the Director may receive from the petitioners for the service and any other contributions in aid of construction. To this figure, the Director shall add an amount sufficient to compensate the County for the estimated interest expense of the money invested in the project, as determined by factors furnished to the Director by the Controller. (m) Estimated revenues. To estimate the revenues of a project, the Director shall divide the cost of the project by 30, and the resulting quotient shall be the annual revenue required to support a finding that the project will be self-sustaining. To ensure the revenue, the Director shall then determine the rate at which front-foot benefit assessments authorized by §§ 13-5-601 et seq. shall be imposed. (n) Treatment of petition for one service as petition for both services. If in the judgment of the Director the public health and safety requires it, the Director may treat a petition for either water or wastewater utility service in a project area as a petition for both services. If the Director decides to do so, the Director shall combine the estimated costs and the estimated revenues of both services for the purpose of determining whether the total project will be self-sustaining. (o) Rate that is less than the minimum basic rate. If the Director determines that the rate to make the project self-sustaining is less than the minimum basic rate set forth in § 13-5-602(a), then the front foot assessment shall be the rate to make the project self-sustaining and not the minimum basic rate. (p) Rate that exceeds maximum rate. If the Director determines that the rate will exceed the maximum rate set forth in § 13-5-602(a), the project may not be considered self-sustaining. (q) Petition to County Council. If a project is not self-sustaining, a majority of the property owners in the project service area may petition the County Council indicating a desire and ability to pay the rate of front-foot benefit assessment estimated to be sufficient to make the project self-sustaining. After consideration of the petition, the County Council may adopt the



estimated rate by ordinance. At the time of assessment for the project, the rate assessed shall not exceed the estimated rate adopted by the County Council. (r) Abandonment. A project shall be abandoned if during the time the project is being processed before the award of the construction contract for the project or before the ordering of material to construct the project and if the project is to be built by the Department a majority of the owners of the real estate in the area defined in the original petition file a counter petition against the project. Counter petitions may not be considered if received after the award of the construction contract for the project or after materials to construct the project are ordered if the project is to be constructed by the Department. (s) Costs upon abandonment. Whenever a project is abandoned, the costs incurred in the development of the project up to the time the project is actually abandoned, including engineering costs, right-of-way costs, administrative, and overhead cost, shall be certified by the Director to the County Council. Beginning with the next annual tax ordinance, the County Council shall levy, for a period of time not to exceed five fiscal years, a special assessment on real property in the area defined in the petition at a rate to raise an amount sufficient to pay for the costs incurred up to the time of the actual abandonment. If the special assessment is levied for more than one year, the rate shall include the amount necessary to reimburse the County for the estimated interest expense determined in accordance with § 13-5-603(b)(3). The assessment shall be collected as provided in § 1-9-101 of this Code. (t) Rules and regulations. On recommendation of the Director, the County Executive may adopt rules and regulations establishing additional reasonable criteria for the review and approval of a petition for extension of water or wastewater facilities. Before taking effect, the rules and regulations shall be approved by the County Council by resolution. (1985 Code, Art. 25, §§ 25-5-303, 24-3-304, 24-3-305, 24-3-306, 24-3-307, 24-3-308, 24-3-309, 24-3-310, 24-3-311) (Bill No. 63-04; Bill No. 47-08; Bill No. 20-09; Bill No. 80-12)

§ 13-5-304. Service access connection.

The Department shall provide for each property abutting on a road or right-of-way in which a water main or wastewater main is laid a water or wastewater service access connection. The access connection shall be constructed by and at the sole expense of the Department. The owner of the property to be connected shall pay to the County all required charges before connection to the system. (1985 Code, Art. 25, § 25-5-313) (Bill No. 63-04)

§ 13-5-305. Connections to public water and wastewater mains required.

(a) Authority. This section is supplemental to other authority vested in the Health Department and the Maryland Department of the Environment to regulate public or private water or wastewater supply or usage. (b) Election by County not to connect. The provisions of this section or other provisions of law do not prohibit the Department from electing not to connect otherwise eligible improved property for reasons of practical and efficient engineering, excessive cost, or other cause. (c) Notice. A notice of permit application, connection, and other requirements to an abutting owner required by this section shall be sent by first class mail to the owner's address as



shown on the current tax assessment records, and a notice as to the availability of a public water or wastewater main for service shall be published as required by § 13-1-103. Failure to receive notices required by this section or under authority of former law does not excuse failure to comply with this section. (d) Application for permits deadline. Except as provided in subsection (e), within six months after the date that the County mails written notice to an owner of record of an improved lot abutting a public right-of-way in which a public water main or wastewater main lies that a public water main or wastewater main is available for the delivery of water service to or the reception of wastewater from the property, the owner shall make appropriate applications for permits required by this Code for connection to the abutting main and shall pay the applicable permit fees and connection charges or apply for installment payment for the charges if eligible under § 13-5-813. For the purposes of this subsection, the date of written notice to the owner is the date the original notice is mailed by first class mail, postage prepaid, to the owner of record and after that date, if a lien has not been recorded in the County's tax records before a conveyance of the property, the date written notice is mailed to a subsequent purchaser of the same property. (e) Permit deadline waiver; revocation of waiver. The Director may waive the provisions of subsection (d) for the owner of an improved parcel of property abutting a public right-of-way in which a public water main or wastewater main lies if the cost of construction has been paid by a developer or other individual in order to provide service to property being developed. Notwithstanding a waiver granted under this subsection, an owner may subsequently elect to connect to the water or wastewater main in compliance with the conditions specified in this section. The Director may revoke a waiver when necessary to protect the public health or welfare, and within six months after receipt of written notice of the revocation, the owner of the property shall comply with the requirements of this section. (f) Completion of connection. Except as provided in subsection (g), the owner of an improved abutting property who is required to connect under the provisions of this section shall arrange to complete the necessary work for the connection of the water supply facilities or wastewater drains on the property to the abutting main within nine months from the date of the issuance of the notice and, within this period unless excused for reasons of partial connection or non-connection under subsection (b), the owner shall disconnect and terminate the use of a cesspool, septic tank, dry well, privy, vault, or well used for household water purposes on the property. (g) Extension of completion of connection date. If an owner of improved abutting property has complied with the provisions of subsection (f) and has encountered conditions beyond the owner's control that render impracticable completion of a connection within the required time period, the Director may grant a temporary waiver or extension of time for the connection on timely submission of proof of the condition. The decision to grant a temporary waiver or extension is in the discretion of the Director. (h) Failure to comply. An owner of improved abutting property who has not complied with the provisions of this section is liable for the connection charges and forfeits the privilege of deferring payment or continuing deferred payments of any pending or further charges permitted under § 13-5-813, and the amounts due under the installment agreement shall constitute a lien and be immediately due and payable. Until the property that is not in compliance is connected, the owner is also subject during the period not connected to the quarterly minimum



usage charges established under § 13-5-805 for the type of service applied for, or for which the connection is required. (i) Lien. The lien provided for in subsection (h) is subordinate only to the lien of State and County taxes and special benefit assessments. Payment shall be collected as provided in § 1-9-101 of this Code. (1985 Code, Art. 25, § 25-5-314) (Bill No. 80-03; Bill No. 63-04)

§ 13-5-306. Unlawful connection.

(a) Requirements. A person may not make connection to a County water or wastewater line without permission from the Director and without having complied with connection permit and other connection application requirements of this Code. A person may not turn on a water valve or restore water service that has been disconnected or turned off without permission from the Director. A person may not use County water other than through a water meter with a required backflow prevention device. (b) Notice and charges for unlawful connection; disconnection. On discovery of an unlawful connection, the Department shall issue a notice requiring the property owner to make appropriate applications and pay appropriate charges, including connection and past service charges, within 30 days after issuance of the notice. The charges shall be determined as of the date of the permit application. If the property owner fails to submit proper applications and pay appropriate charges, the Department may disconnect the premises until proper applications are submitted. The property shall be subject to all other connection requirements and procedures of this Code. (c) Past service charges. In addition to any other penalties applicable under this article, the owner of any property served by an unlawful connection shall pay the past water and wastewater service charges for use of public water or wastewater since the actual connection. If the time of connection cannot be determined or if the property has been transferred since the connection, the period of violation subject to past service charges shall end at the time of disconnection and shall begin on the last to occur of the following: one year after the system was released for service; on the date legal title was conveyed to the owner; or on the date service was disconnected or discontinued for any reason. In calculating past service charges, the average periodic service charge for properties similarly used shall be applied for the period of violation. (1985 Code, Art. 25, § 25-5-315) (Bill No. 63-04; Bill No. 62-11)

SUBTITLE 4. ALLOCATION AND ALLOTMENT OF WATER AND WASTEWATER CAPACITY


In this subtitle, the following words have the meanings indicated. (1) "Allocation" means a reservation, for use by a particular property, of available capacity. (2) "Allotment" means the apportionment by the allotment committee of available capacity among categories of capacity need.



(3) "Available capacity" means the positive difference between the capacity of the components of the County water or wastewater system and the existing flow through the system, less allocations granted and outstanding. (4) "Equivalent dwelling unit" means a unit of 250 gallons of water, except that for property in the Mayo Water Reclamation Subdistrict, "equivalent dwelling unit" means a unit of 225 gallons of water. (5) “Prime rate” means the prime interest rate that is published by the Wall Street Journal as of the first business day in June each year, to be applied under this subtitle beginning on July 1 of each year. (Bill No. 5-05; Bill No. 111-15)

§ 13-5-402. Allocation.

(a) When allocation required. A property shall have an allocation if: (1) due to development activity on the property, the property is required under Article 17 of this Code to pass the test for adequate public water supply facilities or adequate public sewerage facilities; or (2) the property is otherwise connecting to the County water or wastewater system. (b) Property required to pass tests for adequacy of public facilities. For a property that is required to pass the test for adequate public water supply facilities or adequate public sewerage facilities, the Department shall make an allocation on the date of approval by the Office of Planning and Zoning for adequacy of public water supply facilities or adequacy of public sewerage facilities as provided in § 17-5-202 of this Code. (c) Property otherwise connecting. For a property that is otherwise connecting to the County water or wastewater system, the Department shall make an allocation on the date of issuance of a connection permit or, in the case of an extension of water or wastewater service by the County under §§ 13-5-301 et seq., at the appropriate time as determined by the Director. (Bill No. 5-05; Bill No. 111-15)

§ 13-5-403. Charges and fees for property subject to adequate public facilities.

(a) Fees and charges. For property receiving an allocation in conjunction with approval by the Office of Planning and Zoning for adequacy of public water supply facilities or adequacy of public sewerage facilities, the owner of the property shall pay, for each equivalent dwelling unit: (1) an allocation reservation charge equal to 40% of the average cost of water and wastewater, as computed by the Department of Public Works, that would be used if the development on the property were complete and the property was receiving water or wastewater service from the County; and (2) the capital facility connection charge established in §§ 13-5-813 and 13-5-814 subject to any exemption contained in those sections. (b) Properties not on the waiting list. For a property that is not on the waiting list provided for in § 17-5-503 of this Code: (1) the allocation reservation charge shall be paid as follows:



(i) quarterly from the date of allocation until the lot is connected to the County’s water or wastewater system; or (ii) at the option of the property owner: 1. one-half of the 40% paid per quarter and one-half of the 40% deferred per quarter until the eighth anniversary of allocation or connection, whichever occurs first; 2. on the eighth anniversary of allocation or connection, whichever occurs first, a lump sum consisting of the one-half of the 40% deferred per quarter plus interest at an annual rate equal to the applicable prime rate plus an additional 2% on the deferred amounts; and 3. after the eighth anniversary of the allocation, if the property is not connected, 40% per quarter; and (2) the capital facility connection charge and the accumulated interest calculated in accordance with subsection (f) shall be paid in full within the earlier of eight years after the date of allocation, or prior to or in conjunction with the issuance of a building permit. (c) Properties on the waiting list. For a property that is on the waiting list provided for in § 17-5-503 of this Code: (1) the allocation reservation charge shall be paid as follows: (i) quarterly from the date the property is removed from the waiting list until the lot is connected to the County’s water or wastewater system; or (ii) at the option of the property owner: 1. one-half of the 40% paid per quarter and one-half of the 40% deferred per quarter until the eighth anniversary of removal from the waiting list or connection, whichever occurs first; 2. on the eighth anniversary of removal from the waiting list or connection, whichever occurs first, a lump sum consisting of the one-half of the 40% deferred per quarter plus interest at an annual rate equal to the applicable prime rate plus an additional 2% on the deferred amounts; and 3. after the eighth anniversary of removal from the waiting list, if the property is not connected, 40% per quarter; and (2) the capital facility connection charge and the accumulated interest calculated in accordance with subsection (f) shall be paid in full within the earlier of eight years after the date the property is removed from the waiting list, or prior to or in conjunction with the issuance of a building permit. (d) Allocations prior to November 13, 2015; prior payments. (1) For any property that received an allocation prior to November 13, 2015, the allocation reservation charge shall be paid as set forth in subsection (b)(1) or (c)(1). (2) Except as provided in subsection (d)(3), for any property that received an allocation prior to November 13, 2015, the capital facility connection charge shall be paid when due as set forth in subsection (b)(2) or (c)(2) at the rates for the capital facility connection charge in effect at the time payment is made, plus the accumulated interest calculated in accordance with subsection (f) and late interest in accordance with subsection (h)(2), if any. (3) For any property that received an allocation prior to November 13, 2015, and for which one or more annual installment payments of the capital facility connection deferral fee and capital facility connection charge have been paid, the remainder of the capital facility connection charge shall be due as set forth in subsection (b)(2) or (c)(2) at the rates for the



capital facility connection charge in effect at the time that payment is made, less the capital facility connection deferral fees and capital facility connection charges previously paid, plus the accumulated interest calculated in accordance with subsection (f) and late interest in accordance with subsection (h)(2), if any. (e) Additional charges and refunds. (1) If payment of the capital facility connection charge is made before application for a building permit, an additional capital facility connection charge shall be paid in conjunction with a building permit only if the number of equivalent dwelling units determined during building permit review exceeds the number of equivalent dwelling units determined at the time of the prior payment. (2) If an allocation is reduced after payment of the capital facility connection charge because of a recalculation of the allocation required to serve the property, the owner may obtain a refund of the difference between the capital facility connection charge paid and the amount of the charge due as a result of the recalculation. The owner shall pay any unpaid allocation reservation charges. (3) If an allocation is reduced before payment of the capital facility connection charge because of a recalculation of the allocation required to serve the property, the owner shall pay all allocation reservation charges. (4) (i) The owner may obtain a refund of the difference between the capital facility connection charge and capital facility connection deferral fee paid and the amount of the capital facility connection charge set forth in § 13-5-813(d) or (f) in effect as of March 6, 2016 if: 1. payment of all or a portion of the capital facility connection charge and capital facility connection deferral fee was made prior to March 6, 2016; and 2. payment was made prior to the fifth anniversary of the date of allocation or in conjunction with a building permit prior to issuance; and 3. the fifth anniversary of the date of allocation is after March 6, 2016; and 4. the building permit has not been issued as of March 6, 2016. (ii) The owner may obtain a refund of the difference between the capital facility connection charge paid in accordance with § 13-5-404 and the amount of the capital facility connection charge set forth in § 13-5-813 (d) or (f) in effect as of March 6, 2016 if the capital facility connection charge was paid in conjunction with a building permit not yet issued as of March 6, 2016. (f) Capital facility connection charge; interest rate. The outstanding principal balance of the capital facility connection charge shall be subject to an annual interest rate equal to the applicable prime rate plus an additional 2%, calculated and assessed annually, beginning on the first of the month of the sixth anniversary of the date of allocation. The accumulated interest charges, and late interest in accordance with subsection (h)(2), if any, shall be due within the earlier of eight years after the date of allocation, or prior to or in conjunction with the issuance of a building permit. (g) Payment in conjunction with a building permit. When the capital facility connection charge becomes due in conjunction with a building permit, the amount due for each equivalent dwelling unit shall be the total unpaid principal balance of the capital facility



connection charge, plus the interest accumulated in accordance with subsections (f) and (h)(2), if any, divided by the number of equivalent dwelling units remaining. (h) Penalty; interest. (1) If an allocation reservation charge is not paid within 30 days after the date of billing, a penalty charge equal to 10% of the amount due is owed. The Controller may waive the penalty charged under this subsection no more than once during a calendar year if a bill for an allocation reservation charge is not received due to incorrect owner or address information, or for other reasons as approved by the Controller in consultation with the Director. (2) An overdue capital facility connection charge shall accrue interest in accordance with § 4-1-103 of this Code. The Controller may waive the interest accrued in accordance with § 4-1-103 of this Code on a capital facility connection charge no more than once during a calendar year if a bill for the capital facility connection charge is not received due to incorrect owner or address information, or for other reasons as approved by the Controller in consultation with the Director. (i) Default. (1) A default occurs if any fee or charge set forth in this section in an amount of $250 or more is not paid when required and remains unpaid 90 days after a notice of default and lapse of allocation is sent to the property owner. (2) Upon default, the allocation lapses and the amount set forth in § 13-5-405(b) becomes due. A record of the default and lapse of allocation shall be sent to the property owner and to the Department of Inspections and Permits and the Office of Planning and Zoning, where the record shall be maintained and available to the public. (Bill No. 5-05; Bill No. 4-09; Bill No. 5-11; Bill No. 57-11; Bill No. 3-13; Bill No. 66-14; Bill No. 78-15; Bill No. 111-15)

§ 13-5-404. Fees and charges for property otherwise connecting.

For property receiving an allocation otherwise than in conjunction with approval of adequacy of public facilities by the Office of Planning and Zoning, the owner of the property shall pay, for each equivalent dwelling unit, the user connection charge and the capital facility connection charge as provided in §§ 13-5-813 and 13-5-814. (Bill No. 5-05)

§ 13-5-405. Lapse.

(a) Lapse by operation of law. An allocation lapses by operation of law if: (1) any development application for which the County has granted an allocation becomes void, expires, or is revoked; (2) there is a default on the requirement to pay fees and charges as described in § 13-5-403(f)(2); or (3) the property is sold at tax sale. (b) Amount due upon lapse; collection. If an allocation lapses by operation of law, all allocation reservation charges that have been paid are forfeited and the following fees and charges, along with any interest that has accrued on the fees and charges, immediately become due and payable and shall be collected as provided in § 1-9-101 of this Code:



(1) any unpaid allocation reservation charges, including deferred allocation reservation charges; and (2) a lapsing fee in the amount of the sum of the applicable prime rate plus 5% multiplied by the capital facility connection charge in effect as of the date of the lapse, except that if an allocation lapses by operation of law under subsection (a)(2) because of unpaid allocation reservation charges and an allocation may be restored in accordance with subsection (d), a lapsing fee in the amount of the applicable prime rate plus an additional 5% of the unpaid allocation reservation charges that caused the lapse, if paid in accordance with subsection (d)(3). (c) No lapse to extent fees and charges paid. No part of an allocation for which all fees and charges have been paid and which has been used for connection to the County’s water or wastewater system shall lapse. (d) Restoration of allocation. An allocation that lapses by operation of law under subsection (a)(2) because of a default on the requirement to pay fees and charges may be restored if: (1) the water or wastewater capacity has not been reallocated; and (2) a written request to restore an allocation is received by the Office of Finance no later than thirty days before the date that the property is to be sold at tax sale; and (3) all fees and charges set forth in § 13-5-403 along with any interest and penalties that have accrued on the fees and charges and the fees and charges set forth in subsection (b) are paid no later than 4:30 p.m. on the day preceding the day the property is to be sold at tax sale, with all fees and charges calculated to and based on the rates in effect on the date of payment as if no lapse in allocation had occurred. (Bill No. 5-05; Bill No. 5-11; Bill No. 18-12; Bill No. 3-13; Bill No. 111-15)

§ 13-5-406. Private financing for additional capacity.

(a) Generally. If a developer agrees to provide or finance, at no cost to the County, the cost of all or part of the construction of or addition to a capital facility that the County will not immediately provide, the County may grant an allocation for the development in an amount up to the capacity provided or financed. (b) Agreement. Any allocation granted under this section shall be incorporated as part of a written agreement between the developer and the County that sets forth the terms and conditions under which the allocation is granted. In negotiating the terms and conditions of each agreement, the director shall consider the capacity requirements as set forth in the Master Plan For Water Supply And Sewerage Systems, service requirements for existing communities and properties not yet served, and service requirements for any developments awaiting allocation. (Bill No. 5-05)

§ 13-5-407. Assignment or conveyance of allocation.

An allocation may not be assigned or conveyed separately from the property to which the allocation applies, but it may be transferred for use within the development for which the allocation was originally granted. (Bill No. 5-05)

§ 13-5-408. Allotment.



(a) Committee. An allotment committee consisting of the Planning and Zoning Officer, the Director of Public Works, and the Director of Inspections and Permits, or their designees, shall establish allotments on a service-area basis as set forth in the Master Plan for Water Supply and Sewerage Systems. (b) Capacity need. The allotment committee may distribute and redistribute allotments to reflect changes in market demands, development activity, and the needs of the community and County. Allotments shall be based on the following categories of capacity need: (1) public health, including failing wells and septic systems; (2) public service, including County capital projects; (3) assisted housing; (4) infill lots; (5) community development projects; (6) residential; (7) commercial; (8) industrial; (9) reserve capacity; and (10) other categories as determined by the allotment committee. (c) Reports. The committee shall prepare reports on the allotments available to categories of capacity need and the availability of unallotted capacity. (Bill No. 5-05; Bill No. 62-11)

SUBTITLE 5. WASTEWATER DISCHARGE REQUIREMENTS


In this subtitle, the following words have the meanings indicated. (1) "Accidental discharge" means an exceptional incident in which a user unintentionally and temporarily does not comply with the standards established in this subtitle due to factors beyond the reasonable control of the user, but the term does not include improperly designed treatment facilities; inadequate treatment facilities; lack of preventive maintenance; or careless or improper operation. (2) "Act" means the Federal Water Pollution Control Act or the Clean Water Act, as amended. (3) "Administrator" means the Administrator of the United States Environmental Protection Agency, or the Administrator's designee. (4) "Authorized representative" means an officer of a corporation, a general partner of a partnership, a sole proprietor, or the authorized agent of each that is responsible for the operation of a facility that is an industrial user. (5) "Biochemical oxygen demand" means the quantity of oxygen, expressed in mg/l, used in the biochemical oxidation of organic matter during incubation at 20°C for a period of five days, in accordance with procedures given in Standard Methods. (6) "Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility. (7) "Categorical user" means a user subject to federal categorical pretreatment standards.



(8) "Chemical oxygen demand" means the quantity of oxygen, expressed in mg/l, used in the chemical oxidation of organic matter in accordance with procedures given in Standard Methods. (9) "County system" means any and all devices, appurtenances, and equipment, whether owned by the County or under a license, lease, or contract to provide service to the County, including devices, equipment, methods, and systems used or designed to recycle or reuse wastewater; devices, equipment, methods, and systems used or designed to prevent, abate, reduce, store, treat, separate, or dispose of wastewater and stormwater, and waste in combined stormwater and sanitary sewer systems; and any device, equipment, or system that conveys wastewater to the County system from outside the County that by contract or agreement with the County becomes a user of the County system. (10) "Discharge" means the direct or indirect introduction of pollutants into the County system from any source, by any means. (11) "Domestic waste" means water-carried wastes discharged into the County system from the sanitary conveniences of all types of dwellings, office buildings, factories, institutions, and commercial establishments, and that are free from surface stormwater and non-domestic wastes. (12) "Engineer" means a registered professional engineer licensed to practice in the State. (13) "Existing source" means any building, structure, or installation connected to the County system prior to the effective date of this subtitle. (14) "Garbage" means solid waste and residue from the preparation, cooking, dispensing, handling, storage, and sale of food. (15) "Hauled wastes" means any combination of domestic or nondomestic waste that together with any treated or untreated groundwater, surface water, and stormwater comes from any source and is transported from its point of generation for discharge into the County system. (16) "Hexane extractable materials" means fats, greases, or oils extractable from wastes in accordance with Standard Methods. (17) "Interference" means a discharge that alone or in conjunction with one or more discharges from other sources: (i) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal; and (ii) causes a violation of any requirement of the POTW's NPDES permit or the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder or more stringent State or local regulations: §405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA) including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act. (18) "Local limits" means wastewater discharge standards developed by the County to protect the treatment plant against interference, pass-through, sludge contamination, and worker health and safety. (19) "Manhole" means a structure designed to provide access to a sewer in order to permit examination, cleaning, sampling, or flow measurement.



(20) "National categorical pretreatment standards" means any pretreatment regulation that contains pollutant discharge limits promulgated by the EPA in accordance with §307(b) and (c) of the Act and that applies to specific categories of users. (21) "New source" has the meaning stated in 40 CFR Part 403. (22) "Non-domestic waste" means solid, liquid, or gaseous waste resulting from an industrial, manufacturing, trade, or business process or commercial or institutional operation or from the development, recovery, or processing of natural resources, including all substances except domestic sewage. (23) "Nonresidential user" means any user other than a residential user. (24) "Nonsignificant commercial user" means a nonresidential user that discharges only domestic waste. (25) "Nonsignificant industrial user" means a user that is not a significant user and has a discharge consisting of domestic and non-domestic waste; manufactures or produces a product which involves the use and storage of chemicals in varying quantities; or has the potential through an accidental or normal discharge to impact the collection system or a treatment plant. (26) "Oil and grease user" means a nonresidential user who has a grease interceptor or oil separator onsite or whose business purchases, generates, or discharges food-related oils, grease, or petroleum-based oils or grease. (27) "Pass-through" means a discharge that exits a POTW into waters of the United States in quantities or concentrations alone or in conjunction with discharges from other sources and that causes a violation of any requirement of the POTW's NPDES permit. (28) "Person" has the meaning stated in § 1-1-101 of this Code and, in addition, includes a governmental body. (29) "pH" means the base 10 logarithm of the reciprocal of the hydrogen ion concentration, expressed in moles per liter, determined in accordance with Standard Methods. (30) "Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, septage, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, or agricultural waste discharged into water, or any other substance the Director determines and can demonstrate to be unacceptable or harmful for discharge into the County system. (31) "Pretreatment" means the reduction in the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or instead of discharging or otherwise introducing pollutants into the County system. (32) "Pretreatment standards" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with §307(b) or (c) of the Act that applies to a specific category of industrial users or any federal, State, or local discharge limitation that applies to users of the County system. (33) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that may reasonably be expected to occur in the absence of a bypass, but the term does not include economic loss caused by delays in production. (34) "Significant commercial user" means a user that has a discharge that consists of predominantly domestic waste.



(35) "Significant industrial user" means any nonresidential user of the County system that: (i) is or may be subject to national categorical pretreatment standards; (ii) has a discharge flow that contains more than 25,000 gallons of wastewater per day; (iii) contributes a waste stream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; or (iv) except for a user who discharges hauled waste into the County system in accordance with § 13-5-507, is determined by the Director to have a significant impact or potential for significant impact, either singly or in combination with other contributing factors, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system in accordance with this subtitle. (36) "Slugload" means any discharge of significant quantities of water, sewage, or industrial waste that in concentration of any constituent or quantity of flow could cause interference of the treatment works, pass through the POTW, endanger employee and public safety and health, contaminate the sludge, or cause a violation of any permit issued to the POTW. (37) "Standard Methods" means the procedures outlined at the time of analysis in the latest EPA-approved edition of "Standard Methods for the Examination of Water and Wastewater," published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. (38) "Suspended solids" means solids that either float on the surface of or are in suspension in water, wastewater, or other liquids and that are removable by laboratory filtering in accordance with Standard Methods. (39) "Toxic substances" means any substance, whether gaseous, liquid, or solid, discharged into the County system that may interfere with a waste treatment process, constitute or create a hazard to human beings or animals, inhibit aquatic life, or create a hazard to recreation in the water receiving the effluent from the wastewater treatment process. (40) "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with industrial pretreatment standards because of factors beyond the reasonable control of the industrial user, but the term does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. (41) "User" means a person who contributes or causes or permits the contribution of wastewater into the County system. (42) "Wastewater" means any combination of domestic and nondomestic water-carried wastes that discharges into the County system from dwellings, business structures, institutions, and commercial and industrial establishments, together with groundwater, surface water, and stormwater that may be present. (1985 Code, Art. 25, § 25-5-501) (Bill No. 72-88; Bill No. 40-90; Bill No. 55-91; Bill No. 97-96; Bill No. 80-03; Bill No. 63-04)

§ 13-5-502. Abbreviations.

In this subtitle, the following abbreviations are used as indicated. (1) BOD - biochemical oxygen demand.



(2) °C - degrees Celsius. (3) CFR - Code of Federal Regulations. (4) COD - chemical oxygen demand. (5) EPA - United States Environmental Protection Agency. (6) °F - degrees Fahrenheit. (7) FOG – fats, oils, and greases. (8) mg/l - milligrams per liter. (9) NPDES - National Pollutant Discharge Elimination System. (10) POTW - publicly-owned treatment works. (11) SIC - Standard Industrial Classification. (12) U.S.C. - United States Code. (1985 Code, Art. 25, § 25-5-501) (Bill No. 72-88; Bill No. 40-90; Bill No. 55-91; Bill No. 97-96; Bill No. 80-03; Bill No. 63-04)

§ 13-5-503. Conformity to subtitle.

A person may not discharge wastewater into the County system except in conformance with this subtitle. (1985 Code, Art. 25, § 25-5-503) (Bill No. 40-85; Bill No. 63-04)

§ 13-5-504. Prohibited discharges in general.

A user may not discharge into the County system: (1) waste streams with a closed cup flashpoint of less than 140°F or 60°C using the test methods specified in 40 CFR Part 261.21, and pollutants that by their nature or quantity are or may be sufficient alone or by interaction to cause a fire or explosion hazard in the County system; (2) solids or viscous substances in quantities capable of obstructing the flow in sanitary sewers or otherwise interfering with the proper operation of the County system; (3) garbage with particles greater than one-half inch in any dimension that has not been shredded to the degree that all particles will be carried freely under the flow conditions normally prevailing in sanitary sewers and from any garbage grinder equipped with a motor that is greater than one and one- half horsepower; (4) free or emulsified hexane extractable materials that are not readily biodegradable: (i) when FOG wastes are such that they could solidify at normal wastewater temperatures and contribute to sewer line clogging, skimming and grease-handling equipment overload, or treatment process interference in accordance with the following: grease interceptors and oil separators shall be installed and maintained in accordance with the County Plumbing Code and grease and oil wastes may not be discharged into the County system; and (ii) discharges of petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that may cause interference or pass-through. (5) wastewater having a pH lower than 6.0 or higher than 10.0 or having any other corrosive property that may be hazardous to the County system or County personnel; (6) substances either singly or by interaction with other substances that injure or interfere with any wastewater treatment process; constitute a hazard to humans or animals;



exceed the limitations set forth in applicable national categorical pretreatment standards or in the local limits; or result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health or safety problems. (7) noxious or malodorous liquids, gases, or solids that singly or by interaction with other wastes are capable of creating a nuisance or hazard to life or are sufficient to prevent entry into the County system for its maintenance and repair; (8) substances that may cause the County system's treatment residues, sludges, or scums to be unsuitable for reclamation and rescue or may interfere with the reclamation process; (9) substances that if discharged into the County system will cause the County to be out of compliance with sludge use or disposal criteria, guidelines, or regulations developed under § 405 of the Act or with criteria, guidelines, or regulations affecting sludge use and disposal developed in accordance with the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or any State standards applicable to the sludge management method employed; (10) substances that will cause the County to violate its NPDES permit, State discharge permit, or any applicable receiving water quality standards; (11) substances, including dye wastes and vegetable farming solutions with objectionable color, that cannot be removed in the County system so as to cause the wastewater treatment plant effluent to fail to meet State or federal requirements; (12) wastewater or vapor that has a temperature greater than 60°C (140°F), will inhibit biological activity in the County system's treatment works resulting in interference, or has a temperature that causes the influent at the treatment plant to exceed 40°C (104°F); (13) a slugload; (14) noncontact cooling water, stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water from air conditioning units with three tons of refrigeration or larger, or unpolluted water as determined by the Director; (15) radioactive wastes or isotopes with a half-life or concentration that exceeds the limits established by the Director in order to comply with applicable State or federal regulations; (16) substances alone or in combination with other substances that are not amenable to biological treatment or reduction by the sewage treatment processes employed or that are amenable to treatment only if the wastewater treatment plant effluent is not able to meet the requirements of other State or federal agencies having jurisdiction over discharge to receiving waters; (17) wastewater that exceeds the County's local limits for permissible pollutants; (18) wastewater that can be demonstrated to cause or may cause a hazard to human life, to create a public nuisance, or to harm the County system; or (19) any trucked or hauled pollutants except at discharge points designated by the Director. (1985 Code, Art. 25, § 25-5-504) (Bill No. 40-85; Bill No. 66-85; Bill No. 94-92; Bill No. 63-04)

§ 13-5-505. Limitations on wastewater strength.



(a) Requirements. Except as provided in subsection (b), each user shall meet each of the following standards: the pretreatment standards set forth in this subtitle and in regulations promulgated by the Director and the State's pretreatment regulations set forth in COMAR, Title 26. In addition, each categorical user shall also meet the national categorical pretreatment standards set forth in 40 CFR Chapter I, Subchapter N, Parts 405 - 471. (b) Conflict. In the event of an irreconcilable conflict between any of the standards set forth in subsection (a), the more stringent standard shall apply. (c) Authority of Director. The Director may adopt, impose, change, or modify specific pollutant limitations or requirements for discharges into the County system, whether for specific or general uses or in general in order to conform with State or federal pretreatment regulations or requirements or to protect worker and public health, safety, and welfare. (d) Prohibition. Unless expressly authorized by an applicable pretreatment standard or requirement, a user may not increase the use of potable or process water or attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with any federal, State, or local pretreatment standard or requirement. (e) Mass limitations. The Director may impose mass limitations on any user using dilution to meet pretreatment standards or requirements. (f) Industrial users. Industrial users shall comply with the federal pretreatment regulations in 40 CFR Part 403, the national categorical pretreatment standards set forth in 40 CFR, Subchapter N, Parts 405 - 471, and all applicable federal, State, or local statutes, ordinances, and regulations. (g) Discharge standards when another jurisdiction involved. Users that discharge to jurisdictions outside the County shall comply with the discharge standards adopted by the County or the outside jurisdiction, whichever is more stringent. Users located outside the County that contribute wastewater to County wastewater treatment plants shall comply with the provisions of this subtitle or the standards of the jurisdiction where the user is located, whichever is more stringent. (1985 Code, Art. 25, § 25-5-505) (Bill No. 40-85; Bill No. 66-85; Bill No. 53-90; Bill No. 94-92; Bill No. 63-04)

§ 13-5-506. Accidental discharges – Protection against.

(a) Requirement. Each user shall provide protection from accidental discharge of prohibited or regulated materials or substances at the user's cost and expense. (b) Plans and operating procedures. Detailed plans that show facilities and operating procedures intended to provide this protection shall be submitted to the Department for review as part of the application for a permit and be approved by the Department before construction of the facility. The review and approval of plans and operating procedures shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this subtitle. (1985 Code, Art. 25, § 25-5-506) (Bill No. 40-85; Bill No. 63-04)

§ 13-5-507. Discharge of hauled wastes.

(a) License required. Hauled waste may not be discharged into the County system except by persons possessing a valid scavenger's license issued under Article 11 of this Code.



(b) Prohibition relating to waste from outside the County. Hauled waste originating outside of the County may not be discharged into the County system. (c) Plants approved by Director. Hauled waste shall be discharged into the County system only at wastewater treatment plants approved by the Director. (d) Director's determination of hazard or violation. If the Director determines that hauled wastes proposed to be discharged into the County system constitute or may constitute a hazard to the health, safety, and operation of the County system, a violation of this subtitle, or a violation of a hauled waste discharge permit, the Director may refuse to permit the hauled wastes to be discharged into the County system, order any discharge in progress to be stopped, order any waste hauler not to discharge into the County system, or order storage tanks and lines of any scavenger vehicle to be emptied and thoroughly cleaned before any waste collected may be discharged into the County system. (1985 Code, Art. 25, § 25-5-507) (Bill No. 40-85; Bill No. 66-85; Bill No. 63-04)

§ 13-5-508. Fees.

(a) Scope. The fees set forth in this section do not apply to religious facilities or to nonsignificant commercial users. (b) Establishment. There are a permit fee and an annual administrative fee separate from all other fees chargeable by the County. (c) Permit fee. The permit fee is: (1) for significant industrial users, $1,600 per application; (2) for nonsignificant industrial users, $100 per application; (3) for significant commercial users, $100 per application; (4) for users required to have and maintain a grease interceptor or oil separator, $100 per application; and (5) for dischargers of hauled wastes, $100 per application. (d) Administrative fee. The annual administrative fee is: (1) for significant industrial users, $3,200; (2) for nonsignificant industrial users, $1,300; (3) for significant commercial users, $100; and (4) for users required to have or maintain a grease interceptor or oil separator, $100. (1985 Code, Art. 25, § 25-5-508) (Bill No. 40-85; Bill No. 66-85; Bill No. 37-86; Bill No. 91-86; Bill No. 22-88; Bill No. 53-90; Bill No. 63-04)

§ 13-5-509. Wastewater discharge permits – Nonresidential users.

(a) Scope. This section applies to nonresidential users other than nonsignificant commercial users, who for purposes of this section are referred to as "nonresidential users." (b) Permit required as part of sewer connection permit. Nonresidential users discharging or proposing to discharge wastewater, except hauled wastes, into the County system shall obtain a wastewater discharge permit from the Director in accordance with this section. The permit shall be issued as part of the user's sewer connection permit. (c) Application. New nonresidential users shall apply for a permit at least 90 days before commencing discharge into the County system. Nonresidential users shall complete and



file a permit application that contains all information required by the Department Permit applications for significant industrial users and nonsignificant industrial users shall be signed by a responsible corporate officer, general partner, or proprietor or by a duly authorized representative of the officer, partner, or proprietor, as defined and provided in 40 CFR 403.12(1). (d) Approval. Within 90 days after acceptance of the data furnished, if the application including all information is complete, adequate, and accurate and meets all the requirements of this subtitle, the Director shall approve the issuance of the permit subject to the permit conditions set forth in subsections (f) and (g). (e) Contents of permit. A permit shall contain the following information to the extent applicable: (1) the unit charge or schedule of user charges and fees for the wastewater to be discharged into the County system; (2) limits on the average and maximum wastewater constituents and characteristics that may be discharged, based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and State and local law; (3) limits on average and maximum rate and time of discharge and requirements for flow regulation and equalization; (4) specifications for monitoring programs that may include sampling locations; frequency of sampling; number, types, and standards for tests; and reporting schedules; (5) requirements for the installation and maintenance of inspection, sampling, and flow monitoring facilities; (6) compliance schedules; (7) requirements for submission of technical and discharge reports; (8) requirements for maintaining and retaining plant records relating to wastewater discharge; (9) requirements for notification to the Director of a new introduction into the County system of wastewater constituents or a substantial change in the volume or character of the wastewater constituents. (10) requirements for notification of any accidental discharges into the County system by the user; (11) a listing of applicable civil and criminal penalties for violation of pretreatment standards and requirements; (12) a statement that a permit may not be transferred to a new owner or operator; (13) a requirement that advance notification be given to the Director of any substantial change in the volume or character of pollutants in the user's discharge to the County sewer system; (14) requirements for notification to the Director after a violation, including daily maximum or minimum effluent limitations, slug loadings, or upset; (15) a requirement for notification of bypass, maintenance and operation of pretreatment facilities, and detail of bypass provisions; (16) a requirement that application for a new permit must be made at least 180 days before the expiration date of an existing permit; and (17) requirements for notification of hazardous waste discharges.



(f) Production levels. If the permit contains equivalent mass or concentration limits calculated from a production-based standard, the user shall notify the Director within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. (g) Expiration. A permit is valid for a specified term up to five years but may be extended up to 180 additional days with prior approval from the Director. (h) Modification. A permit may be modified during its term to meet any amendments to the requirements of § 13-5-505 or federal or State pretreatment standards. A permit may also be modified if the Director finds that a user failed to comply with the permit or this title. (i) Renewal. A permit may be renewed if an application for renewal is made no later than 180 days prior to the expiration of the permit. (j) Revocation or suspension; order to comply. A permit may be revoked or suspended if the Director finds that a user failed to comply with the permit or this title. The Director may also issue an order to comply for noncompliance with this subtitle. (k) Transfer. A wastewater discharge permit shall be issued only to a specific user for a specific use or operation and shall not be reassigned, transferred, or sold to a new owner, new user, different premises, to a new or changed operation without express written permission of the Director. (l) Application for modification. A user shall apply for modification of a permit whenever applicable national categorical pretreatment standards are promulgated or revised or the user plans to expand or change a use or operation or alter its existing wastewater discharge in quantity or constituents. (m) Plan for the provision of additional operational or maintenance activities. When additional pretreatment or operation and maintenance activities are necessary to comply with this subtitle, a user shall develop and submit to the Director for approval a plan to provide additional pretreatment or implementation of additional operational and maintenance activities, including the following: (1) a schedule containing milestone dates for the commencement and completion of major events leading to the earliest possible construction and operation of additional pretreatment required for the user to comply with all requirements of this subtitle, including dates relating to hiring an engineer or other appropriate personnel, completing preliminary or final plans, executing contracts for major components, and commencing or completing construction; (2) complete plans and specifications for the proposed work that are prepared by, signed by, and bear the seal of an engineer, but the County by its approval of the plans and specifications does not warrant that the specified facilities will meet the requirements of this subtitle; (3) provisions for completion of any single step directed toward compliance within nine months unless otherwise approved by the Director; and (4) for a user identified as a new source of a discharge, provisions for the installation and start up of all pollution control equipment before commencement of the discharge and in the shortest feasible time, not to exceed 90 days, in order to achieve compliance with all applicable standards. (n) Progress reports. Every nine months, but not later than 14 days following each milestone date set forth in the schedule required under subsection (m)(1) and the final date for compliance, the user shall submit a progress report to the Director that includes verification that



the user has complied with the increment of progress represented by that milestone date or, if verification is not provided, the date on which the user expects to comply with the increment of progress, the reason for delay, and the steps being taken to return to the approved schedule. (o) Inspection and sampling. The Director may require inspection and sampling manholes, flow measuring, recording, and sampling equipment. (p) User surcharges. The Director may establish a system of user surcharges that are based on treatment costs for compatible pollutants in order to recover the actual cost of the treatment of excessive strength waste introduced into the collection system by users and that are computed in accordance with the following formula: Sewer use surcharge (S) = V × 8.34 × (FB (AB-250) + FS (AS-250) + FP (AP-8))

Where: V is the volume of sewage in millions of gallons discharged by a

public sewer system user during the billing period. FB is the sewer use surcharge rate for biochemical oxygen demand

(BOD) expressed in dollars/pound. FS is the sewer use surcharge rate for total suspended solids (TSS)

expressed in dollars/pound. FP is the sewer use surcharge rate for total phosphorus (TP)

expressed in dollars/pound. AB is the average daily concentration of BOD constituents in the

sewage discharged expressed in mg/l. AS is the average daily concentration of TSS in the sewage

discharged expressed in mg/l. AP is the average concentration of TP in the sewage discharged

expressed in mg/l. 250 is the maximum daily concentration (mg/l) of BOD and TSS

in the sewage discharged for which a sewer use surcharge is not required for that sewage parameter.

8 is the maximum daily concentration (mg/l) of TP in the sewage discharged for which a sewer use surcharge is not required for that sewage parameter.

Of the three terms, FB (AB-250), FS (AS-250), and FP (AP-8) in the above formula, only those

terms having positive values for the sewage discharged shall be used in the computation of the sewer use surcharge. (1985 Code, Art. 25, § 25-5-509) (Bill No. 40-85; Bill No. 53-90; Bill No. 94-92; Bill No. 63-04)

§ 13-5-510. Hauled waste discharge permits.

(a) Requirements. The discharge of hauled waste into the County system is permitted only on compliance with the provisions of a hauled waste discharge permit that has been obtained from the Director, payment of the required fees and charges, and compliance by the hauler with all conditions of the hauler's permit. The permit is subject to all provisions of this subtitle.



(b) Conditions of permit. A permit shall contain all conditions demonstrated to be appropriate by the Director in accordance with this subtitle, including: (1) conditions applicable to wastewater discharge permits; (2) requirements for scavenger vehicles, including vehicle permits, type, equipment, clearance and identification, and limitations on other uses of the vehicles; (3) discharge procedures; (4) limitations as to time, location, volume, and flow of discharges; (5) requirements for inspections and sampling; (6) fee payment procedures; (7) limitations on constituents and materials to be discharged; and (8) requirements and reports. (c) Hauled waste manifests. Before the discharge of hauled waste into the County system, a hauler shall submit to the operator of the facility to which the waste is to be discharged the hauled waste manifests. The manifests shall be in the form prescribed by the Director and shall contain, at a minimum, the name and scavenger license number of the hauler, the capacity of the vehicle, the name and address of the waste generator, and the description of the origin of the waste. (d) Expiration. All hauled waste discharge permits shall expire 12 months from the date of issuance. (e) Transfer. A hauled waste discharge permit shall not be assigned, transferred, sold, loaned, or otherwise used by a new owner, new user, different premises, new or changed operation, or anywise other than listed on the permit, unless expressly authorized in writing by the Director. (1985 Code, Art. 25, § 25-5-510) (Bill No. 40-85; Bill No. 66-85; Bill No. 63-04)

§ 13-5-511. Standards; modification.

(a) Adoption. National categorical pretreatment standards are adopted and made part of this subtitle and enforceable by the County in accordance with their terms. (b) Notification. The Director shall notify all affected nonresidential users of any changes in applicable federal, State, or County requirements or standards by first class mail at the last listed address on the user's permit. (c) Modification. The Director may modify the requirements of this subtitle in order to comply with applicable State or federal requirements. (1985 Code, Art. 25, § 25-5-511) (Bill No. 40-85; Bill No. 63-04)

§ 13-5-512. Reporting requirements.

(a) Materials required. On request by the County, a user shall provide plans, reports, questionnaires, notices, analytical data, and information required to be provided by 40 CFR 403.12 or this subtitle or any other item the Director determines is necessary to evaluate the user's waste discharge characteristics and ensure compliance with this subtitle. (b) Reports for all significant industrial users. Unless required more frequently by the Director or applicable national categorical pretreatment standards, each significant industrial user, after commencement of the discharge into the County system, shall submit to the Director not less than semiannually periodic compliance reports and the results of any monitoring of



pollutants using approved analytical and sampling procedures that are obtained more frequently than otherwise required by this subsection. (c) Reports and records for grease interceptor or oil separator. A user required by this Code to use or maintain a grease interceptor or oil separator that discharges into the County system shall file an annual report as required by the permit, maintain records of compliance with the County Plumbing Code for three years, and make records of compliance available for inspection by the Director. (d) Report for accidental discharge. A user that experiences an accidental discharge or a slugload shall immediately inform the Department and within five days of discovery file a written follow-up report with the Department stating: (1) a description of the accidental discharge or slugload, its cause, and its impact on the user's compliance status; (2) the duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur; and (3) a description of steps taken or to be taken to reduce, eliminate, and prevent recurrence of an accidental discharge, a slugload, or other conditions of noncompliance. (e) Responsibilities of reporter. The filing of a report required under this section does not release the user from any responsibility for loss or damages to the County system or for fines or penalties imposed on the County by State or federal law that are the result of any action or inaction by the user. (f) Analysis. Any analysis performed as a requirement of this subtitle shall be undertaken in accordance with procedures established by the Administrator under 40 CFR Part 136, as amended. (g) Reports by industrial user that indicate violation of this subtitle. If the analysis of any sampling undertaken by an industrial user, whether required or voluntary, indicates that there may be a violation of this subtitle, the user shall notify the Director no more than 24 hours after discovering the violation; immediately repeat the sampling and analysis; and, within 30 days after discovering the violation, submit the repeat analysis to the Director. (h) Report certification. All reports submitted by industrial users shall include the certification statement contained in 40 CFR 403.12 and be signed by an authorized representative of the user. (i) Plan to control slug discharges. No less than every two years, the Director shall evaluate and determine if each significant user needs a plan to control slug discharges and, if required by the Director, a significant industrial user shall submit a plan that contains the specific information described in 40 CFR 403.8(f). (j) Discharge of hazardous waste. Nonresidential users shall notify in writing the Director, the United States Environmental Protection Agency Regional Waste Management Division Director, and State hazardous waste authorities in accordance with the procedures described in 40 CFR 403.12(p) of any discharge into the County system of a substance that is a hazardous waste as defined in 40 CFR Part 261. (k) Miscellaneous notifications. A user shall promptly notify the County of any discharge that may violate this subtitle or have an adverse impact on a POTW. A user shall promptly notify the County prior to any substantial change in the volume or character of the pollutants in the user's discharges.



(1985 Code, Art. 25, § 25-5-512) (Bill No. 40-85; Bill No. 53-90; Bill No. 94-92; Bill No. 63-04)

§ 13-5-513. Monitoring facilities.

(a) Generally. Each non-residential user shall provide and operate, at the user's own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the County system. Each monitoring facility shall be situated on the non-residential user's premises, unless it would be impractical or cause undue hardship to the non-residential user. Monitoring facilities shall be constructed within 120 days of receipt of a permit by a non-residential user and constructed and maintained in accordance with all applicable local construction standards and specifications. (b) Sampling. A control manhole shall be constructed at a location approved by the Director, built in a manner approved by the Director, and accessible to the Director for sampling at all times. For sampling, there shall be ample room at or near a sampling facility to allow accurate sampling and preparation of samples for analysis. Facilities, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the non-residential user's expense. At least annually, the Director shall conduct one sampling visit for each significant industrial user. (1985 Code, Art. 25, § 25-5-513) (Bill No. 40-85; Bill No. 94-92; Bill No. 63-04)

§ 13-5-514. Inspections.

(a) Generally. The Director may enter the facilities of a user at reasonable hours to assure compliance with the requirements of this subtitle, and for the purposes of inspection, sampling, or examination and copying of records and the Director shall have the right to set up necessary devices on the user's property to conduct inspections, sampling, compliance monitoring, or metering operations. At least annually, the Director shall conduct an inspection of each significant industrial user. (b) User who has security measures. When a user maintains security measures that require proper identification and clearance before entry into the premises, the user shall make necessary arrangements with the security guards so that, on presentation of suitable identification, representatives of the Department are permitted to enter, without delay, for the purposes of performing their specific responsibilities. (1985 Code, Art. 25, § 25-5-514) (Bill No. 40-85; Bill No. 94-92; Bill No. 63-04)

§ 13-5-515. Confidential information.

(a) Generally. Information and data furnished under this subtitle shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Office of Law that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets or confidential commercial, financial, geological, or geophysical data of the significant user under the Maryland Public Information Act. (b) Confidentiality claim. A user submitting information to the Director may assert a confidentiality claim under the Maryland Public Information Act at the time the information is



submitted by placing on the information a cover sheet, legend, or other form of notice employing such terms as "confidential", "trade secret", or "proprietary". Failure to assert a claim may result in the disclosure of information without fault to the Director or the County. Wastewater characteristics are not considered confidential information. (c) Disclosure and notification. The County may disclose information to a County, State, or federal agency or office for uses related to this subtitle, the NPDES permit, or the State of Maryland discharge permit on receipt of a written request frown an authorized officer or employee of the agency. Except when the County provides information to a federal or State court or investigate/enforcement agency, the County shall give a user at least 10 days' notice prior to disclosure. (d) Applicable law. Requests for information, determination of claims of confidentiality, and responses shall be in accordance with the Maryland Public Information Act, and §§ 1004 and 1005 of the Charter. (1985 Code, Art. 25, § 25-5-515) (Bill No. 40-85; Bill No. 63-04)

§ 13-5-516. Records retention.

(a) Retention for three years. A user required as a condition of the permit to submit reports to the Director shall retain and preserve the records, books, documents, memoranda, reports, correspondence, and summaries relating to monitoring, sampling, and chemical analysis made by or on behalf of the user for at least three years. (b) Compliance and enforcement records. Records that pertain to matters that are the subject of a compliance order or other enforcement or litigation activities brought by the County shall be retained and preserved by the user until all enforcement activities have concluded. (1985 Code, Art. 25, § 25-5-516) (Bill No. 40-85; Bill No. 63-04)

§ 13-5-517. Bypasses.

(a) When permitted. An anticipated bypass is permitted if the Director determines that the criteria set forth in this section will be met. A bypass is permitted if it does not violate this subtitle and it is for essential maintenance to ensure efficient operation of a treatment plant. (b) When prohibited. A bypass is prohibited unless necessary to prevent a loss of life, personal injury, or severe property damage and a feasible alternative to a bypass, excluding inadequate back-up equipment that should have been installed or maintained, is not available. A bypass is also prohibited unless an industrial user: (1) notifies the Director as soon as the user is aware of the need for a bypass; (2) notifies the Director orally no later than 24 hours after the user is aware of an unanticipated bypass and, unless waived by the Director within five days after oral notification is given, submits a written report that contains a description of the bypass and its cause, the duration of the bypass including exact dates and times, if correction has not occurred, the anticipated time the bypass is expected to continue, and the steps taken or phases planned to reduce, eliminate, or prevent a recurrence of the bypass. (1985 Code, Art. 25, § 25-5-517) (Bill No. 94-92; Bill No. 63-04)

§ 13-5-518. Upsets.



(a) Affirmative defense. An upset is permitted as an affirmative defense to an action brought against an industrial user for noncompliance with the categorical pretreatment standards if the user: (1) demonstrates through properly signed contemporaneous operating logs and similar relevant evidence that the cause of the upset has been identified and that the treatment facility was being operated properly and in accordance with all applicable operating and maintenance procedures; and (2) submits within 24 hours after becoming aware of the upset a description of the indirect discharge and the cause of noncompliance; the period of noncompliance, including exact dates and times; the anticipated time that noncompliance will continue; and the steps being taken or planned to reduce, eliminate, or prevent a recurrence of the noncompliance and, if the information required by this subsection (a)(2) is submitted orally, provides a written report confirming the oral information no later than five days after the upset. (b) Burden of proof. The burden of proof shall be on the industrial user to show that an upset has occurred. (c) Industrial users. The industrial user shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards on reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. (1985 Code, Art. 25, § 25-5-518) (Bill No. 94-92; Bill No. 63-04)

§ 13-5-519. Administrative enforcement; injunctive relief.

(a) Compliance. The Director shall require a user to take action for compliance through issuance of an order, notice, assessment of a penalty, or entry into a consent order or agreement whenever the Director in accordance with this subtitle finds that a user has failed to monitor, report, or accurately report the wastewater constituents and characteristics of its discharge; failed to report changes in wastewater constituents and characteristics; refused reasonable access to its premises by representatives of the County for the purpose of inspection or monitoring; or violated any other provision of this subtitle. An order or agreement authorized under this subsection shall not be effective until the user has had the opportunity to confer with authorized representatives of the Department. (b) Suspension of service. The Director may order the immediate suspension of water or wastewater treatment service to a user when the user fails to pay a civil penalty, expenses, loss, or damage assessed after final adjudication when the Director determines that an actual or potential discharge presents or threatens an imminent or substantial danger to the health or welfare of persons or substantial danger to environment; threatens to interfere with the operation of the County system; or threatens to violate any pretreatment limits imposed by this subtitle, the State, or the EPA. A user notified of the suspension order shall immediately cease all discharges. The County shall reinstate the water or wastewater treatment service upon the submission of sufficient proof by the user that the user has eliminated the noncomplying discharge or conditions creating the noncompliance. (c) Service and contents of order, notice, or penalty. An order, notice, or penalty issued under this section shall be served on the user or an agent of the user and state with reasonable specificity the nature of the violation and the time for compliance.



(d) Notice to public. A list of users that meet one or more of the following criteria for noncompliance with applicable pretreatment requirements during a 12-month period shall be published annually by the Director in a newspaper of general circulation in the County: (1) chronic violations of wastewater discharge limits, defined as those in which 66% or more of all of the measurements taken during a six-month period exceed the daily maximum limit or the average limit for the same pollutant parameter; (2) technical review criteria violations in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by 1.4 for BOD, TSS, fats, oil, and grease, or 1.2 for all other pollutants except pH; (3) any other violation of a pretreatment effluent limit that the Director determines has caused, alone or in combination with other discharges, interference or pass-through; (4) any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or the environment or has resulted in the Director's exercise of emergency authority under 40 CFR 403.8(F)(1)(vi)(b) to halt or prevent a discharge; (5) failure to meet within 90 days after the scheduled date a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance; (6) failure to provide within 30 days after the due date required reports, such as baseline monitoring reportings, 90-day compliance reports, periodic self-monitoring reports, and reports on meeting compliance schedules; (7) failure to accurately report noncompliance; or (8) any other violation or group of violations that the Director determines adversely affect the operation or implementation of this subtitle. (e) Enforcement response plan. The Director shall develop and implement an enforcement response plan that: (1) details how the Director will investigate and respond to instances of industrial noncompliance; (2) describes how the Director will investigate instances of noncompliance; (3) describes the types of escalating enforcement responses the Director may take in response to anticipated industrial user violations and the time periods within which responses will take place; (4) identifies by title the officials responsible for implementing each type of enforcement response; and (5) adequately reflects the Director's primary responsibility to enforce all applicable pretreatment requirements and standards, as provided in 40 CFR 403.8(F)(1) and (F)(2). (f) Compliance schedules. The Director may require: (1) the development of compliance schedules if additional pretreatment or operation and maintenance will be required for an industrial user to comply with this subtitle or a State or federal pretreatment standard or requirement; and (2) the industrial user to submit for approval a schedule specifying the shortest time frame for the user to achieve compliance including increments of progress in the form of dates for the commencement and completion of major events leading to construction and operation of the additional pretreatment to bring the industrial user into compliance.



(g) Compliance agreements. The Director may enter into an agreement with an industrial user to ensure compliance with pretreatment standards and requirements. (1985 Code, Art. 25, § 25-5-520) (Bill No. 40-85; Bill No. 66-85; Bill No. 94-92; Bill No. 63-04)

SUBTITLE 6. FRONT FOOT ASSESSMENTS

§ 13-5-601. Authority to impose; liability; lien.

(a) Authority to impose. Except in the Mayo Reclamation Subdistrict, the County may impose front foot assessments to recover the cost to the County of constructing water and wastewater facilities and of bringing private water and wastewater facilities up to County standards such that the private facilities can become owned by the County. (b) Duty to pay. The owners of real property, including the County, who connect the water or wastewater facilities of the property with the water or wastewater facilities of the County or whose property is benefited by the water or wastewater facilities of the County shall pay the applicable front foot assessments. (c) Collection. Front foot assessments shall be collected as provided in § 1-9-101 of this Code. (1985 Code, Art. 25, §§ 25-5-601, 25-5-608) (Bill No. 40-90; Bill No. 63-04; Bill No. 20-09)

§ 13-5-602. Determination of basic rate.

(a) Generally. The basic rates for front foot benefit assessments through June 30, 2004, to be adjusted annually on or after July 1, 2004, as provided in subsection (c), for construction of water and wastewater facilities and for bringing private water and wastewater facilities up to County standards such that the private facilities can become owned by the County are: (1) for water, the minimum basic rate is $1.89 and the maximum basic rate is $6.19 for each front foot assessed; and (2) for wastewater, the minimum basic rate is $3.77 and the maximum basic rate is $9.29 for each front foot assessed. (b) Increases. If the Director finds that the minimum basic rates for front foot benefit assessments will not produce sufficient revenue to recover the cost of construction as determined under §§ 13-5-301 et seq., the Director may increase the rate of assessment by an amount sufficient to render the project self- supporting to a rate not to exceed the maximum basic rate. If the rate of front foot benefit assessment necessary to make the project self-supporting exceeds the maximum basic rate, approval of the County Council is required to set the rate. (c) Annual basic rate adjustments. In this subsection "CPI" means the consumer price index - all urban consumers for the United States - (CPI), published by the United States Department of Labor, Bureau of Labor Statistics. Beginning on July 1, 2004 and each July 1 thereafter, the Director may adjust the minimum and maximum basic rates by a percentage change calculated by dividing the CPI for April of that calendar year by the CPI for April for the immediately preceding calendar year. The Director shall give written notice of the annual adjustment to the Office of Finance and the County Council. The annual adjustment shall be automatically effective on July 1 of each fiscal year.



(d) Notice and hearing for assessments. Before making a final determination on the issue of the rate of assessments under subsection (b), the Director shall give affected property owners notice and a right to be heard as provided in § 13-5-605. The hearing may be combined with a public hearing provided for in §§ 13-5-301 et seq. (e) Change in use. The Director may increase or decrease the front foot benefit assessment of a parcel of property in a project area if the use is changed from one of the use classifications set forth in § 13-5-604 to another. Whenever there is an increase, the Director may apportion it among the remaining parcels of property in the project area and shall make an appropriate reduction in the rates of assessment levied. (1985 Code, Art. 25, § 25-5-602) (Bill No. 22-88; Bill No. 80-03; Bill No. 63-04; Bill No. 20-09)

§ 13-5-603. Determination of assessable amount.

(a) Requirement. For properties required to connect to projects initiated in accordance with §§ 13-5-302 and 13-5-303 or to projects bringing private water or wastewater facilities up to County standards such that the public system can become owned by the County, the Director shall calculate, in accordance with this section, the rate of front foot benefit assessment to be levied in order to recover the costs for each individual project. (b) Net assessable amount. The Director shall first determine the net assessable amount of a project by: (1) establishing the actual construction cost of the project, including the costs of engineering, right-of-way purchases and any other expenses required to complete the project; (2) subtracting from the actual construction cost any costs associated with making service available beyond the area to be served and any State or federal aid received for the project; and (3) adding to the adjusted actual construction cost the amount necessary to reimburse the County for the estimated interest expense of the money invested in the project, as determined by the Controller. (c) Required annual revenue. After determining the net assessable amount of a project, the Director shall determine the annual revenue required to recover the cost of the project by dividing the net assessable amount by 30. (d) Revenue divided by boundary feet. After determining the annual revenue required to recover the cost of the project, the Director shall establish the rate of annual assessment for each front foot by dividing the annual revenue by the total boundary feet in the project. (1985 Code, Art. 25, § 25-5-603) (Bill No. 128-93; Bill No. 17-00; Bill No. 63-04; Bill No. 20-09)

§ 13-5-604. Properties permitted to connect.

For properties not required but permitted to connect to projects constructed by the County solely at County expense, the County shall impose the minimum basic rates for front foot assessment in effect at the time of the connection. (Bill No. 20-09)



§ 13-5-605. Determination of number of boundary feet.

(a) Generally. To determine the benefits accruing to each lot that is or can be connected to the County water distribution system or the County wastewater collection system, or to both systems, the Director shall establish the number of feet of the boundary of the lot to be assessed. (b) Classification based on use. To determine the number of feet of the boundary of each lot to be assessed, the Director shall classify each lot on the basis of its use at the time that the parcel is or can be connected to a water distribution or wastewater collection system. The classification may be changed when the actual use of the parcel is changed. The use classifications shall conform generally to the use classifications of the County zoning laws. (c) Calculation. The number of boundary feet of each lot subject to assessment for front foot assessments shall be calculated in accordance with its classification as provided in this section. (1) For single-family residential, add the number of feet in the boundary line abutting a water main or wastewater line and the rear line and divide by two to determine the average width of the property. For irregularly shaped lots the average width of the property shall be determined by some other reasonable method of calculation. The average width is the number of boundary feet subject to assessment. (2) For apartment residential, use the formula in subsection (c)(1) or multiply the number of apartment units by 18. The number of boundary feet subject to assessment is the larger of the two numbers. (3) For commercial uses, use the formula in subsection (c)(1) and multiply the average width by three. (4) For industrial uses, use the formula in subsection (c)(1) and multiply the average width by five. (5) For agricultural land, a lot in excess of five acres actually used for agriculture shall be assessed for 150 boundary feet. A lot in excess of five acres not actually used for agriculture shall be assessed in subsection (c)(1) and divided by two and, if there is more than one dwelling units on the lot, multiply the number of dwelling units by 150 feet, and the assessment shall be the number that is larger. (6) For small acreage, a lot of less than five acres shall be assessed in subsection (c)(1), except that the average width may not exceed 300 boundary feet if the parcel is undeveloped or if there is a single dwelling unit on the lot and, if there is more than one dwelling unit on the lot, the average width may not exceed 150 feet multiplied by the number of dwelling units plus one. (7) For religious facilities, cemeteries, or recreational uses, use the formula in subsection (c)(1), except that the average width may not exceed 300 boundary feet. (8) For institutional properties, use the formula in subsection (c)(1) and multiply the average width by two. (9) For mobile home parks, use the same formula in subsection (c)(1) or multiply the number of mobile home spaces by 18. The number of boundary feet subject to assessment is the larger of the two numbers. (d) Assessment when service line does not extend along entire length of boundary. The lots in a class shall be assessed in the manner provided for in this section even though a water or sewer line does not extend along the full length of a boundary.



(e) Deferral. Property that does not abut a road in which a water or wastewater line is located but has access to the water or wastewater line by a common use right-of-way, driveway, or other access lane may not be assessed a front foot assessment charge until a connection is made. At the time the property is connected to the water or wastewater lines, front foot assessment charges will be computed as provided in this section as if the property did abut the water or wastewater line. (1985 Code, Art. 25, § 25-5-604) (Bill No. 63-04)

§ 13-5-606. Notice and hearing; finality; adjustments.

(a) Notice and hearing. Before the determination of the boundary feet becomes final, the Director shall notify the owner of the property in writing of the number of boundary feet assigned to the property. The notice shall set a time no sooner than 10 days from the date of the notice when the owner may be heard by the Director. (b) Finality; extension of hearing date. The determination becomes final unless the owner protests in person or in writing on the date of hearing. The director may extend the hearing date. (c) Adjustments. Following a hearing, the Director may make fair and reasonable adjustments if the Director concludes that the original determination will result in undue hardship or will be inequitable in view of the size, shape, topography, or use of the parcel. (1985 Code, Art. 25, § 25-5-605) (Bill No. 63-04)

SUBTITLE 7. SPECIAL BENEFIT CHARGES

§ 13-5-701. Definition.

In this subtitle, "special benefit charge" means annual charges levied on properties that are or can be connected to the County water distribution system or the County wastewater collection system, or to both systems, at rates calculated as provided in this subtitle to produce all or part of the revenues necessary to enable the County to meet the debt service payments anticipated in the current expense budget. (1985 Code, Art. 25, § 25-5-607) (Bill No. 63-04)

§ 13-5-702. Liability.

The owners of real property, including the County, who connect the water or wastewater facilities of the property with the water or wastewater facilities of the County or whose property is benefited by the water or wastewater facilities of the County shall pay the applicable special benefit charges. The charges shall be collected as provided in § 1-9-101 of this Code. (1985 Code, Art. 25, § 25-5-608) (Bill No. 63-04)

§ 13-5-703. Assessment and rate.

(a) When assessed. Whenever the total anticipated debt service expense exceeds the total anticipated revenues of the debt service fund and other funding sources available in the



utility fund, the Director shall include in the next current expense budget the rate for special benefit charges necessary to eliminate the deficiency. (b) Rate per front foot. The rate for each front foot shall be established by dividing the total amount allocated to special benefit charges by the sum of the number of front feet of water and wastewater lines in service and water and wastewater lines to be placed in service during the first six months of the fiscal year. (c) Rate per lot. The annual special benefit charge for each lot subject to the charge shall be determined by multiplying the number of front feet of the lot by the rate. (1985 Code, Art. 25, § 25-5-607) (Bill No. 63-04)

SUBTITLE 8. CHARGES AND ASSESSMENTS FOR WATER AND WASTEWATER

§ 13-5-801. Liability.

The owners of real property, including the County, who connect the water or wastewater facilities of the property with the water or wastewater facilities of the County or whose property is benefited by the water or wastewater facilities of the County shall pay the applicable charges, levies, and assessments as provided in this subtitle. All charges, levies, and assessments, including applicable capital connection charges, shall be collected as provided in § 1-9-101 of this Code. (1985 Code, Art. 6, §§ 5-101, 5-102)

§ 13-5-802. Scope.

Except as otherwise expressly provided, all charges established in this subtitle are applicable throughout the County. (1985 Code, Art. 6, § 5-103) (Bill No. 63-87)


In this subtitle, the following words have the meanings indicated. (1) "Equivalent dwelling unit" means a unit of 250 gallons of water, except that for property in the Mayo Water Reclamation Subdistrict "equivalent dwelling unit" means a unit of 225 gallons of water. (2) "Peak daily usage" means the estimated average rate of use of water on the maximum usage day. (1985 Code, Art. 6, § 5-201) (Bill No. 80-03)

§ 13-5-804. Determination of equivalent dwelling units.

(a) By Director. In this subtitle, whenever a charge is set based on equivalent dwelling units, the property owner shall provide all information required by the Director and the Director shall reasonably determine, based on that information and any other information that the Director deems appropriate, the number of equivalent dwelling units for a property based on peak daily usage. If the Director determines within a three-year period after the initial



determination that the property owner provided materially inaccurate information, the Director shall re-determine the number of equivalent dwelling units and the property owner shall be liable for the difference in any charge that is set based on equivalent dwelling units. (b) By agreement. (1) In this section, "peaked average daily usage" means a number of gallons of water that is the product of the average daily water usage by a property owner during the highest actual usage billing cycle within a defined period times the peaking factor of 1.4. (2) If the Director finds that new technology or other unique circumstances may significantly affect the determined peak daily usage, the Director may enter into an agreement with the property owner to recalculate the number of equivalent dwelling units based on peaked average daily usage over a period of time determined by the Director. The agreement must be executed no later than three months after payment of the determined capital facility connection charges. The agreement shall provide for refund of charges by the County if peaked average daily usage is less than 80% of determined peak daily usage and for payment of additional charges by the property owner if peaked average daily usage is more than 120% of determined peak daily usage based on the recalculation. The agreement shall include terms and conditions as determined by the Director to protect the County’s interest in receiving payment of all additional charges and to bind as necessary the property owner and any successor in interest. If there is a change in use of the property during the time when the recalculation is being made, the agreement shall be null and void. (1985 Code, Art. 6, § 5-201.1) (Bill No. 80-03; Bill. No. 8-06; Bill No. 62-11)

§ 13-5-805. Metered water and wastewater charges.

(a) Generally. Charges for metered water and wastewater service are established as provided in this section, and the charges shall begin when a lot is connected to the County's water or wastewater system. (b) Charges. The charge for each 1,000 gallons of water usage is $2.70 for water and $4.74 for wastewater. For the fiscal year beginning July 1, 2016, and for each fiscal year thereafter, the County Executive shall set the charges for water and wastewater usage in accordance with § 4-11-105 of this Code and may increase the charges in an amount not to exceed 5.00% of the then current charges. Any increase in charges in an amount greater than 5.00% shall be set by the County Council by ordinance. There is an account maintenance charge of $6.00 per billing cycle regardless of the amount of usage. (c) Capital facility recoupment charge. (1) There is a capital facility recoupment charge of: (i) $2.42; (ii) $2.48, beginning on July 1, 2016; (iii) $2.54, beginning on July 1, 2017; (iv) $2.60 beginning on July 1, 2018 and (v) $2.67, beginning on July 1, 2019. (2) Any residential customer whose water usage exceeds 30,000 gallons in any billing quarter shall be charged, in addition to the usage charges in subsection (b), the capital facility recoupment charge for every full 1,000 gallons of water used in excess of 30,000 gallons. (d) Fire hydrant connection permits. For water obtained from a public fire hydrant, the quarterly charge for each 1,000 gallons of water usage is the usage charge paid by customers



connected to the County system, plus the quarterly capital facility recoupment charge set forth in subsection (c) for every full 1,000 gallons of water usage. (e) Reduction of sewerage charge. For a residential user, where the water usage of the first full billing quarter beginning after April 30 exceeds 110% of the average of the previous three billing quarters, the owner’s sewerage charge shall be reduced by the amount over 110% of the average. (f) Minimum quarterly usage charge if property not in compliance with connection requirements. The minimum quarterly usage charge for water and wastewater service for a property not in compliance with the connection requirements of § 13-5-304 is equal to 40% of the usage charge for water and wastewater that would be incurred if the property were to be connected to the County system as computed by the Department. (g) Irrigation systems on nonresidential property. For water used by an irrigation system connected to the County’s water system by separate meter in accordance with § 13-5-813(j), the quarterly charge for each 1,000 gallons of water usage is the usage charge paid by customers connected to the County system, plus the quarterly capital facility recoupment charge set forth in subsection (c) for every full 1,000 gallons of water usage. This subsection does not apply to a nonresidential user who paid a capital facility connection charge for water usage by an irrigation system. (1985 Code, Art. 6, § 5-201.2) (Bill No. 22-88; Bill No. 53-88; Bill No. 69-90; Bill No. 35-93; Bill No. 116-93; Bill No. 49-94; Bill No. 28-95; Bill No. 49-96; Bill No. 54-99; Bill No. 24-03; Bill No. 80-03; Bill No. 63-04; Bill No. 6-05; Bill No. 10-05; Bill No. 16-11; Bill No. 37-11; Bill No. 58-12; Bill No. 73-15; Bill No. 42-16)

§ 13-5-806. Wastewater charges for properties with water meters on private water sources and for properties without water service.

(a) Private water meters; installation. If metered water is not delivered to a residential property with wastewater service, a property owner may install, at the property owner’s expense, a water meter on the private water source serving the property. A connection permit is required for the installation of a water meter on a private water source. (b) Same – readings; wastewater charges. (1) The Department shall read a water meter on a private water source at least annually and charge for wastewater usage in accordance with § 13-5-805. (2) For any billing quarter during which no meter reading occurs, the charge for wastewater service shall be estimated based upon prior meter readings or, if there have not been prior meter readings, in accordance with subsection (f). (3) If the Department determines that the estimated wastewater charges billed between the installation of the water meter on the private water source and the first meter reading are inaccurate, the property owner shall be credited or billed in the next billing cycle for the difference between the estimated charges and charges based on the actual meter reading. (4) If, based on the most recent meter reading, the Department determines that the estimated wastewater charges billed since the last meter reading are inaccurate, the property owner shall be credited or billed in the next billing cycle for the difference between the estimated charges and the charges based on the actual meter reading. (c) Same – required replacement. A water meter on a private water source shall be replaced by the property owner at least once every ten years.



(d) Same – repair; inspection. If the Department determines that a water meter on a private water source is not functioning properly, the property owner shall be given notice to repair or replace the water meter within 45 days. When the meter is repaired or replaced, the owner shall schedule an inspection with a Department representative. If the meter is not accessible for a scheduled inspection, or if the meter is not repaired or replaced at the time of inspection, the property owner shall be charged $40 for each subsequent inspection. (e) Wastewater charges when private water meter not replaced. If the owner fails to repair or replace a water meter in accordance with a notice from the Department, the charge for wastewater service shall be in accordance with subsection (f). (f) Wastewater charges for properties without private meters. If metered water is not delivered to a property with wastewater service and there is no water meter on the private water source, the charge for wastewater service shall be the average charge for wastewater service to similar properties plus an account maintenance charge of $3.00 per billing cycle regardless of the amount of usage. The Director may require special meters or devices for commercial and industrial properties that do not have metered water service. (1985 Code, Art. 6, § 5-202) (Bill No. 63-87; Bill No. 4-88; Bill No. 35-93; Bill No. 23-04; Bill No. 6-05; Bill No. 52-14)

§ 13-5-807. Annual report on water and wastewater service charges.

No later than 60 days before the end of the fiscal year, the County Executive shall report to the County Council on the rates for metered and unmetered water and wastewater service. The report shall state any anticipated operating deficit for the current fiscal year; the estimated operating expenses of the water and wastewater utility for the ensuing fiscal year; and any recommended changes in the rates to maintain a minimum of two months of budgeted operating expenditures for the ensuing fiscal year in the unrestricted net assets of the water and wastewater utility fund. (1985 Code, Art. 6, § 5-202.1) (Bill No. 35-93; Bill No. 80-03)

§ 13-5-808. Environmental fee.

Except in the Mayo Water Reclamation Subdistrict, a 25% environmental protection fee shall be added to all usage charges for both water and wastewater service, except for the capital facility recoupment charge, to recover costs associated with construction of, expansion of, and improvements to capital facilities to service existing connected customers. Revenues accruing from this fee shall be dedicated for debt service of the water and wastewater utility fund. (1985 Code, Art. 6, § 5-203) (Bill No. 63-87; Bill No. 49-96; Bill No. 24-03; Bill No. 36-07; Bill No. 42-12; Bill No. 42-16)

§ 13-5-809. Penalties, back-billing, adjustments, and payments.

(a) Late payment. The Office of Finance shall assess a penalty charge of 10% on all water and wastewater service charges established in §§ 13-5-805, 13-5-806, and 13-5-808 that are not paid within 30 days of the billed date. If requested by a customer, the Controller may waive the penalty charge no more than twice during a calendar year.



(b) Incorrect billings or no billings. If billings are incorrect or not made due to an omission or error by a customer, the Office of Finance may back bill for a period not to exceed three years. (c) Uninhabitable or unoccupied property. At a customer’s request, if residential property on unmetered wastewater service becomes uninhabitable, or will be unoccupied for three months or more because an owner of the property is activated to military service pursuant to an Executive Order issued by the President of the United States, the Office of Finance may reduce the bill for usage to zero until the property is habitable or occupied again. The property owner shall provide the Department with a copy of the military orders calling the owner to active duty. If there are any costs to the utility to abandon service, even on a temporary basis, or to reestablish service, the customer shall pay these costs. (d) Payment plans. In accordance with written policy of the Department, the Office of Finance may establish payment plans for the payment of any usage charges, penalties, and turnoff fees. (e) Billing for higher than normal utility consumption. In accordance with written policy of the Department, the Office of Finance may adjust higher than normal utility consumption bills that are caused by events beyond the control of or are unknown to the customer or that do not reflect the actual service rendered. (f) Sewer system backup reimbursement. The Department may reimburse a residential customer up to $500 for property damage sustained as a result of a sewer system backup into the customer's home, after a determination by Risk Management that the backup is not a liability of the County or caused by customer negligence. The customer shall provide receipts of expenses incurred to cleanup or replace damaged property and proof that the customer was not compensated for the damage by insurance. (1985 Code, Art. 6, § 5-204) (Bill No. 80-03; Bill No. 5-13; Bill No. 66-14)

§ 13-5-810. Procedure when charges not paid.

(a) Water service unpaid for 60 days. Whenever charges for water service in excess of $200 remain unpaid for at least 60 days after the billing date, and after written notice is left on the premises or mailed to the last-known address of the owner, the County shall turn off water from the property in arrears and the water shall remain turned off until the unpaid charges have been paid or a payment plan has been established with the Office of Finance in accordance with § 13-5-809(d). On declaration of a state of emergency by the County Executive in accordance with State or County law, the County Executive may suspend the provisions of this subsection. (b) Water or wastewater unpaid for 90 days. Whenever charges for water or wastewater service, or both, remain unpaid for at least 90 days after the billing date, the charges may be collected from the person liable to pay them by a legal action in the same manner as other debts are collectible in the County, notwithstanding the existence of other collection remedies. (1985 Code, Art. 6, § 5-205) (Bill No. 22-88; Bill No. 80-03)

§ 13-5-811. Charge for restoration of water service.



Whenever water service has been turned off in accordance with § 13-5-810, and if the charges remain unpaid 60 days after the billing date, a service charge of $50 shall be paid in order to restore service after the payment of the previously unpaid charges. (1985 Code, Art. 6, § 5-206) (Bill No. 49-94)

§ 13-5-812. Charge for meter reading and special billing.

There is a charge of $35 for a request for a meter reading and special billing. (1985 Code, Art. 6, § 5-207) (Bill No. 49-94; Bill No. 36-11)

§ 13-5-813. Water and wastewater system connection charges and assessments.

(a) Definitions. In this section, the following words have the meanings indicated. (1) "Properties with existing improvements" means improved properties that are supplied water by means of a private well system when County water becomes available or improved properties that have wastewater service by means of a private septic system when County wastewater becomes available. (2) "Properties with new improvements" means properties with new construction that do not have water supplied by means of a private well system when County water becomes available or properties with new construction that do not have wastewater service by means of a private septic system when County wastewater service becomes available. (b) Scope. Except for properties in the Mayo Water Reclamation Subdistrict, the charges specified in this section shall apply to each property connecting to the County's water system or wastewater system and to each commercial or industrial property that has an existing connection and undergoes an expansion or addition to the improvements on the property or a change of use that the Director determines will result in an increase in the water required during peak daily usage. (c) Water system user connection charge. For connections to the County’s water system, the user connection charge is: (1) for a connection constructed under a County capital project or a petition project initiated in accordance with § 13-5-303, the certified cost of a connection as determined by the Director in accordance with subsection (s); or (2) for a connection constructed under a private contract administered by the Department, the lesser of the estimated cost of a connection as determined by the Department, or the actual cost of the connection. (d) Water system capital facility connection charge. Except as provided in subsection (q), for connections to the County’s water system, the capital facility connection charge for each equivalent dwelling unit is: (1) $6,525; (2) $6,688, beginning on July 1, 2016; (3) $6,855, beginning on July 1, 2017; (4) $7,027, beginning on July 1, 2018; and (5) $7,202, beginning on July 1, 2019. (e) Wastewater system user connection charge. For connections to the County’s wastewater system, the user connection charge is:



(1) for a connection constructed under a County capital project or a petition project initiated in accordance with § 13-5-303, the certified cost of a connection as determined by the Director in accordance with subsection (s); or (2) for a connection constructed under a private contract administered by the Department, the lesser of the estimated cost of a connection as determined by the Department, or the actual cost of the connection. (f) Wastewater system capital facility connection charge. Except as provided in subsection (q), for connections to the County’s wastewater system, the capital facility connection charge for each equivalent dwelling unit is: (1) $6,525; (2) $6,688, beginning on July 1, 2016; (3) $6,855, beginning on July 1, 2017; (4) $7,027, beginning on July 1, 2018; and (5) $7,202, beginning on July 1, 2019. (g) Connection under private contract. (1) For properties with a connection constructed under a private contract administered by the Department, whether residential or non-residential the user connection charge shall be paid as follows: (i) A deposit in the amount of the certified cost of a connection as determined by the Director in accordance with subsection (s) shall be paid when an application for connection is made. (ii) The Department shall provide an estimate of the cost of the connection, and prior to connection, the difference between the deposit paid in accordance with subsection (g)(1)(i) and the estimated cost shall be paid. (iii) After the connection is completed, if the actual cost of the connection is less than the total amount paid under subsections (g)(1)(i) and (g)(1)(ii), the difference shall be refunded by the Department. If an application for connection, or payment under subsections (g)(1)(i) or (ii), is made for connections to both the water and wastewater system, the costs of both connections shall be totaled for purposes of determining whether a refund is owed under this subsection. (2) For a property receiving an allocation under § 13-5-403, the capital facility connection charge shall be paid as provided in that section. (h) Residential properties with existing improvements. Residential properties with existing improvements, and for which a connection is constructed under a County capital project or a petition project initiated in accordance with § 13-5-303, shall pay under one of the following methods: (1) the user connection charge and the capital facility connection charge shall be paid in full when application for connection is made; (2) the user connection charge shall be paid within one year from the date of application for connection, with the unpaid balance bearing interest at a rate determined by the Controller based on the current rate on invested County funds, and the capital connection charge shall be paid in full when application for connection is made; or (3) (i) the user connection charge may be paid in accordance with subsection (h)(1) or (h)(2); or in five annual installments within 60 days of the billing date or in 60 monthly installments beginning one month from the date of application for connection, with



the unpaid balance bearing interest at a rate determined by the Controller based on the current rate on invested County funds; and (ii) one-third of the capital facility connection charge shall be paid in five annual installments within 60 days of the billing date or in 60 monthly installments beginning one month from the date of application for connection, with the unpaid balance bearing interest at a rate determined by the Controller based on the current rate on invested County funds; and (iii) the remaining two-thirds of the capital facility connection charges shall be paid in 30 annual installments within 60 days of the billing date, with the unpaid balance bearing interest at the rate of 8%. (i) Nonresidential properties with existing improvements. For nonresidential properties with existing improvements and for which a connection is constructed under a County capital project or a petition project initiated in accordance with § 13-5-303, the user connection charge and the capital facility connection charge shall be paid in full when application for connection is made. (j) Nonresidential properties with irrigation systems. (1) All nonresidential users with irrigation systems connected to the County’s water system prior to July 1, 2011 shall apply for and obtain a connection permit and install a separate water meter for the irrigation system before July 1, 2013. (2) Before an irrigation system on nonresidential property can be connected to the County’s water system, the user shall apply for and obtain a connection permit and shall install a separate water meter for the irrigation system. (3) A nonresidential user who is required to install a separate water meter under paragraphs (1) or (2) shall not be required to pay a capital facility connection charge to connect an irrigation system to the County’s water system by separate water meter. (4) For a nonresidential user, the rate for water usage by an irrigation system shall be as set forth in § 13-5-805(g), and shall apply to a nonresidential user who had an irrigation system connected to the County’s water system by separate meter prior to July 1, 2011. (k) Installment payments. For any installment payments under this section, an installment may be prepaid at any time; the right to make installment payments shall be forfeited if the owner fails to comply with the provisions of § 13-5-305; each installment with interest constitutes a lien on the property until paid; and if any installment is not paid within 60 days of its billing date, the Controller may deem the unpaid balance to be due and payable. (l) Properties exempt from capital facility connection charges. Religious facilities, parsonages, housing for the elderly of moderate means, incorporated nonprofit community association facilities, structures for nonprofit veterans and military service organizations exempt from taxation under section 501(c)(19) of the Internal Revenue Code with a rated capacity of 500 people or fewer pursuant to the Fire Prevention Code, and nonprofit educational structures are exempt from capital facility connection charges. (m) Classification change. The Director of Public works may increase or decrease the capital facility connection charge for any property in a County capital project area, if the use of the property is changed from one to another of the use classifications in § 13-5-604. (n) Lien enforcement. Any lien of unpaid installments is subordinate only to the lien of State and County taxes and special benefit assessments, and payment shall be enforced at the same time and in the same manner as such taxes and assessments. Upon the institution of foreclosure or tax sale or title transfer by deed, the unpaid balance shall become due and payable.



The balance of the capital facility connection charge shall be subject to discount for the interest portion of the charges at the same rate as that applied for the levy. (o) Deferred charges. The Controller may allow the expending of a maximum of $500,000 from the general County capital projects fund on a revolving fund basis to support the cost of deferred charges authorized by § 13-5-815. Other revenues authorized by the County Council may be paid into the revolving fund. (p) Application requirements. An application for connection to a utility for new construction may not be made until a building permit is issued and any work required under a public works agreement is completed. (q) Capital facility connection charges – petition projects. (1) This subsection applies to connections to the County’s water or wastewater system as a result of a petition of a majority of owners of real property in a defined area in accordance with § 13-5-303. (2) If a property owner applies for a connection permit within six months of written notice from the Department that the project has been released for service, the capital facility connection charge shall be the amount in effect under subsection (d) or (f) on the date the Director makes the determination required under § 13-5-303(k). (r) Exemption for volunteer fire companies. A fire station on property owned by a volunteer fire company formed pursuant to § 12-1-201 of this Code is exempt from the capital facility connection charges and user connection charges describe in this section. (s) Standard user connection charge. Annually, the Director shall certify the average cost of a connection to the County’s water and wastewater systems to the Office of Finance, the Department of Inspections and Permits, and the County Council. The certified cost of a water connection shall be the average cost of connection to the County’s water system, based on the size of the water meter, and the certified cost of a wastewater connection shall be the average cost of connection to the County’s wastewater system. (1985 Code, Art. 6, § 5-208) (Bill No. 63-87; Bill No. 22-88; Bill No. 55-91; Bill No. 52-00; Bill No. 24-03; Bill No. 80-03; Bill No. 23-04; Bill No. 63-04; Bill No. 5-05; Bill No. 36-07; Bill No. 78-08; Bill No. 37-11; Bill No. 62-11; Bill No. 51-14; Bill No. 20-15; Bill No. 74-15; Bill No. 109-15; Bill No. 111-15)

§ 13-5-814. Special charges – Mayo Water Reclamation Subdistrict.

(a) Definitions. In this section, the following words have the meanings indicated. (1) "Phase 1 properties" means properties that had County wastewater service available prior to January 1, 1993, except for improvements to those properties added after January 1, 1993, that result in additional equivalent dwelling units. (2) "Phase 2 properties" means properties that: (i) have County wastewater service available on or after January 1, 1993; or (ii) have County wastewater service available prior to January 1, 1993, and add improvements after January 1, 1993, that result in additional equivalent dwelling units. (b) Capital facility connection charge for Phase 2 properties with allocation. For Phase 2 properties subject to receiving an allocation under § 13-5-403, the capital facility connection charge shall be paid at the time provided in that section.



(c) Properties subject. Each property in the Mayo Water Reclamation Subdistrict is subject to the appropriate charges specified in this section, except that religious facilities, parsonages, incorporated nonprofit community association facilities, and nonprofit educational structures are exempt from capital facility connection charges. (d) Capital facility connection charges for connection to communal component. For connections to the large and small communal component of the Mayo System, the capital facility connection charge for each equivalent dwelling unit is $3,290 for phase 1 properties and the capital facility connection charge set forth in § 13-5-813(f) for phase 2 properties. (e) Capital facility connection charges for connection to onsite component. For connections to the onsite component of the Mayo System, the capital facility connection charge for each equivalent dwelling unit is: (1) $1,785 for phase 1 properties whose private septic systems are replaced as part of the Mayo System; and (2) the cost of all necessary system components for phase 2 properties as determined annually by the Director with the approval of the County Council. (f) Time for payment of capital facility connection charges for Phase 1 properties. (1) For phase 1 properties, the capital facility connection charge shall be paid in full when connection is made or one-third when connection is made and the balance, with interest, in equal installments with the quarterly wastewater service charge for a period coterminous with the life of the bonds issued to finance the system. (2) Any charge to be paid in quarterly installments shall be identified separately on the quarterly wastewater service bill. (3) A person making payment pursuant to subsection (f)(1) may elect to pay the initial one- third payment in monthly or annual installments over a five-year period if: (i) the connection is to be made to a single-family dwelling; or (ii) the connection is to be made to commercial or industrial property and satisfactory evidence of an inability to obtain private financing is presented to the Controller; and (iii) the person agrees to pay the unpaid balance of the charges at an interest rate determined by the Controller. (4) For phase 2 properties, the capital facility connection charge shall be paid in full on building permit application, during building permit review, or before building permit issuance, on determination by the County of the number of equivalent dwelling units attributable to the permit. (g) Unimproved property charge payment. (1) For all unimproved properties served by the large or small communal system, there is a service availability charge of $2,630 for each potential equivalent dwelling unit. (2) For all unimproved properties served only by the onsite component of the Mayo System, there is a service availability charge of $301 for each potential equivalent dwelling unit. (3) The charge may be paid in full or in 30 annual installments with interest. The charge shall be first billed and is payable following the date of release for service of the facilities servicing the area in which the property is located.



(4) Effective January 1, 2009, the charge may be deferred without interest or penalty at the election of the property owner during any year in which the unimproved property is subject to a building moratorium imposed due to a lack of sewer capacity. (5) Any amount in excess of one unit of service availability charge that is assessed to a property may be deferred in accordance with the following: (i) except for an amended record plat change, the excess shall be due on subdivision of all or a portion of the property; and (ii) interest shall not accrue for any excess amount during a period of deferral. (h) Interest calculation. Interest payable under this section shall be at a rate determined by the Controller based on the current rate on invested County funds. (i) Service call charge. There is a service call charge of $30 for each on-lot wastewater service problem caused by the user. There is no charge for the first service call in a fiscal year. (j) Lien enforcement. Any lien of unpaid installments or deferred charges is subordinate only to the lien of State and County taxes and special benefit assessments, and payment shall be enforced at the same time and in the same manner as such taxes and assessments. The unpaid balance shall become due and payable on the institution of foreclosure or tax sale or, except for any amount due under subsection (h), title transfer by deed. The balance of the capital facility connection charge shall be subject to discount for the interest portion of the charges at the same rate as that applied for the levy. (1985 Code, Art. 6, § 5-208.1) (Bill No. 63-87; Bill No. 40-90; Bill No. 56-91; Bill No. 104-92; Bill No. 80-03; Bill No. 5-05; Bill No. 17-09; Bill No. 111-15)

§ 13-5-815. Exemption for elderly or disabled.

(a) Definitions. In this section, the following words have the meanings indicated. (1) "Combined gross income" means the combined gross income of all homeowners, if more than one, and all persons actually residing in the same dwelling, except persons whose contributions, reasonably apportionable towards the cost of upkeep, maintenance and repair of the dwelling, are in the form of fixed rental charges. (2) "Gross income" means the total income from all sources, for the calendar year immediately preceding the fiscal year application, whether or not included in the definitions of gross income for federal or State tax purposes, including but not limited to benefits under the Social Security Act, the United States Civil Service Commission, Veterans' Administration, or Railroad Retirement Act as these acts may be amended from time to time, gifts in excess of $300, alimony, support money, nontaxable strike benefits, public assistance received in cash grants, pensions or annuities, unemployment insurance benefits and workers' compensation benefits. Gross income shall include the net income received from business, rental or other endeavors; but in no event shall a loss from business, rental or other endeavors be used in the determination of gross income. (3) "Maximum income level" means 80% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical area, as defined and published annually by the United States Department of Housing and Urban Development. (b) Exemption. Any single-family dwelling owned and occupied by any person 60 years of age or older with a combined gross income that is less than the maximum income level,



or a surviving spouse with a combined gross income that is less than the maximum income level, or a person receiving disability benefits as a result of a finding of permanent and total disability under the Social Security Act, the United States Civil Service Commission, Veterans' Administration, or the Railroad Retirement Act shall be exempt from the user connection charges, capital facilities connection charges, capital facilities assessment charges, and front foot assessment charges until the sale or transfer of the property, at which time the above charges become due and payable by the property owner. (1985 Code, Art. 6, § 5-209) (Bill No. 74-88; Bill No. 23-04; Bill No. 78-04)

§ 13-5-816. Water and wastewater revolving fund.

(a) Establishment. In order to attract commercial and industrial business enterprises to the County and to encourage existing commercial and industrial enterprises in the County to expand within the County, there is hereby established the water and wastewater revolving fund within the general County capital projects fund to provide for the financing of water and wastewater capital facility connection charges in accordance with this section. (b) Application. A commercial or industrial enterprise may apply to the Chief Administrative Officer for authorization to borrow funds from the water and wastewater revolving fund to make installment payments of capital facility connection charges for a period not to exceed five years if the commercial or industrial enterprise is new construction, a relocation, or an expansion or renovation of existing facilities and will generate significant positive impact on the County by creating new jobs, generating increased tax revenues, or meeting specific economic needs of the County. (c) Security. Loans made under this section shall be made only to financially responsible applicants and shall be properly secured. The Chief Administrative Officer, with the advice of the Controller and the Chief Executive Officer of the Anne Arundel Economic Development Corporation, shall determine financial responsibility and shall approve the methods of securing such loans. (d) Interest. Installment payments shall bear interest at the rate of 8% per installment. (e) Transferability. Installment payments are transferable when the property is transferred. (1985 Code, Art. 6, § 5-210) (Bill No. 13-89; Bill No. 23-04)

SUBTITLE 9. OTHER CHARGES AND FEES

§ 13-5-901. Rates for disposal of septic tank sludge, chemical waste, and holding tank waste.

(a) Definitions. In this section, the following words have the meanings indicated. (1) “Chemical waste” means the waste collected in portable chemical toilets normally used at temporary locations, such as construction sites, or waste discharged from a marine sanitation pumpout device located at a marina. (2) “Holding tank waste” means the waste pumped from holding tanks that are permitted by the County to collect and temporarily store wastewater from residential or nonresidential structures.



(3) “Septic tank sludge” means the waste pumped from domestic septic tanks and does not include industrial wastes not generated by normal private homes. (b) Unacceptable chemicals. Wastes containing chemicals that are deleterious to the biological treatment systems of County owned and operated wastewater treatment plants may not be accepted at County owned and operated wastewater treatment plants. (c) Charges – Septic tank sludge and chemical wastes. The following charges are established for the disposal and treatment of septic tank sludge and chemical wastes at County owned and operated wastewater treatment plants: (1) for septic tank sludge, for each gallon accepted, 7.8 cents; and (2) for chemical wastes from chemical portable toilets or from marine sanitation pumpout devices, 7.8 cents for each gallon accepted. (d) Charges – Holding tank waste. The charge for the disposal and treatment of holding tank waste at County owned and operated wastewater treatment plants for each 1,000 gallons shall be the charge for wastewater established in accordance with § 13-5-805(b). Before holding tank waste may be discharged at County owned and operated wastewater treatment plants, the owner of the holding tank must purchase a holding tank manifest from the Department. The charge for the manifest shall be based on the maximum gallon capacity of the holding tank as determined by the Department of Health. The owner of the holding tank shall submit the manifest to the liquid waste hauler who empties the holding tank and the holding tank manifest shall be submitted to the County by the liquid waste hauler at the time the holding tank waste is discharged at a County owned or operated wastewater treatment plant. (e) Administrative powers. The Director may: (1) adopt rules, regulations, and directives and issue orders relating to the administration and receiving of septic tank sludge, holding tank waste, and chemical wastes; (2) establish operating hours and schedules for the receipt of septic tank sludge, holding tank waste, and chemical wastes at County owned or operated wastewater treatment plants; and (3) prohibit the acceptance of septic tank, holding tank, and chemical toilet wastes generated from outside the boundaries of the County at County owned or operated wastewater treatment plants where the acceptance is deemed detrimental to the best interests of the County. (f) Record. The Director shall keep a record of the rules, regulations, orders, and directives issued by the Director. The record shall be open to public inspection at reasonable times. (1985 Code, Art. 25, § 25-5-609) (Bill No. 22-88; Bill No. 63-04; Bill No. 67-13)

§ 13-5-902. Rates for private fire protection systems.

(a) Rates. The following charges are established for unmetered water connections for the purpose of providing private fire protection and shall be billed and paid quarterly:

Connection Size (inches) Rate 2 $10 2 ½ $15 3 $22 4 $37 6 $82



Connection Size (inches) Rate 8 $150 10 $225 12 $337

(b) Agreement. The County Executive or the County Executive's designee shall enter into written agreements with each unmetered private fire protection system user governing the use under the terms and conditions determined by the Director. A charge may not be made for water actually used to extinguish a fire, as long as that water may not be used for any other purpose. (c) Use of water for other than fire protection. Whenever the Director finds that unmetered private fire protection water is being used for purposes other than fire protection, the Director may estimate the amount of water so used, charge for it, at the rates provided for in § 13-5-803 and deny further unmetered service to the premises. (1985 Code, Art. 25, § 25-5-610) (Bill No. 63-04)

§ 13-5-903. Private fire hydrant charge.

There is a private fire hydrant charge of $18.75 per quarter that shall be billed quarterly to the owner of the hydrant. The charge is for the routine inspection and maintenance of private fire hydrants and is in addition to other charges. (1985 Code, Art. 25, § 25-5-611) (Bill No. 63-04)

§ 13-5-904. Fees for fire hydrant permits.

The following fees are established for fire hydrant connection permits and shall be collected by the Department in connection with the issuance of fire hydrant connection permits:

ChargesPermit fee $25 Regular annual inspection fee $25 Water meter repair fee Actual cost of repair and parts Water meter rental charge $15 per day, up to a maximum of $150 per quarter (1985 Code, Art. 25, § 25-5-612) (Bill No. 63-04; Bill No. 58-12)

§ 13-5-905. Fees for County fire hydrant meters.

Deposits for the use of County fire hydrant water meters shall be the certified replacement costs for each type of water meter, as determined annually by the Director. Before July 1 of each year, the Director shall certify water meter replacement costs to the Office of Finance and the County Council and, effective July 1 of each fiscal year, the certified amount shall be the deposit fee for the use of County fire hydrant water meters. The deposit fee shall be paid to the Department when a water meter is rented. (1985 Code, Art. 25, § 25-5-613) (Bill No. 63-04; Bill No. 58-12)



§ 13-5-906. Fire flow test charge.

There is a fee of $232 for each fire flow test conducted by the Department, payable when application is made for the test. (1985 Code, Art. 25, § 25-5-614) (Bill No. 63-04)

TITLE 6. WEEDS AND VEGETATION

Section 13-6-101. Definitions. 13-6-102. Scope. 13-6-103. Rank vegetation and noxious weeds prohibited on property. 13-6-104. Method of destruction of noxious weeds. 13-6-105. Notice to remove and removal.


In this title, "noxious weeds" means plant material that is generally known to be allergenic, irritating to the skin, or otherwise toxic, either topically or when ingested, and "rank vegetation" means any growth of weeds or grass to a height of 12 inches or higher. (1985 Code, Art. 25, § 25-4-501) (Bill No. 63-04)

§ 13-6-102. Scope.

Except as otherwise provided in this subtitle, the provisions of this subtitle apply to all land in the County other than wetlands, bird or game sanctuaries, and nature study areas. (1985 Code, Art. 25, §§ 25-4-502, 25-4-503) (Bill No. 63-04)

§ 13-6-103. Rank vegetation and noxious weeds prohibited on property.

(a) Scope. The provisions of this section do not apply to open space zoning districts; RA zoning districts except in subdivisions of three acres or less other than minor subdivisions; unimproved lots of three acres or more, except for a 25-foot buffer along the portion of any such lot that adjoins an improved lot of less than one acre and a 25-foot buffer running a distance of 100 feet along the road fronting that unimproved parcel commencing at the boundary line of the improved lot and unimproved lot; or parcels titled to a governmental entity or community association. (b) Modification. The Director may modify the provisions of this section for agricultural property, natural wooded areas, areas publicly owned and maintained as natural areas, open space areas covenanted with the County as open space or recreational areas, and areas where a growth of grass or weeds is necessary for soil stabilization and erosion control. (c) Prohibition. An owner, occupant, or person in control of real property may not allow or maintain on the property a growth of noxious weeds or rank vegetation. (1985 Code, Art. 25, § 25-4-505) (Bill No. 68-88; Bill No. 54-89; Bill No. 63-04)



§ 13-6-104. Method of destruction of noxious weeds.

Noxious weeds shall be destroyed by cutting and removal, plowing under, or another method recommended by the Department other than chemical spraying, except that noxious weeds located in the critical area as defined in § 18-1-101 of this Code shall be destroyed by a method recommended by the Department and approved by the Office of Planning and Zoning. (1985 Code, Art. 25, § 25-4-506) (Bill No. 54-89; Bill No. 63-04; Bill No. 4-05)

§ 13-6-105. Notice to remove and removal.

(a) Complaint and investigation. If a complaint is filed with the Director that a violation of the provisions of § 13-6-103 may have occurred, the Director shall investigate the complaint. (b) Notice. If an investigation reveals that a violation has occurred, the Director shall serve written notice on the owner, occupant, or person in control of the property on which the violation exists. The notice shall require that abatement of the violation be commenced within seven days after service of the notice; that noxious weeds or rank vegetation be cut, trimmed, or removed; and that noxious weeds be destroyed. (c) Removal by County. If the owner, occupant, or person in control fails to comply with the notice within seven days after service of the notice, the County shall cause the growth of noxious weeds or rank vegetation to be cut, trimmed, or removed to be in compliance with this title or shall cause the noxious weeds to be destroyed. (d) Costs. The cost and expense of the work by the County, including overhead and administrative costs, shall be collected as provided in § 1-9-101 of this Code. (1985 Code, Art. 25, §§ 25-4-507, 25-4-508) (Bill No. 68-88; Bill No. 63-04)

TITLE 7. WATERSHED PROTECTION AND RESTORATION PROGRAM

Section 13-7-101. Definitions. 13-7-102. Watershed Protection and Restoration Program. 13-7-103. Stormwater remediation fee. 13-7-104. Appeals. 13-7-105. Exemptions – Property. 13-7-106. Exemptions – Substantial financial hardship. 13-7-107. Reduction of fee. 13-7-108. Competitive Grant Program.


In this title, the following words have the meanings indicated. (1) “Attached dwelling” means a duplex, semi-detached, or townhouse, dwelling as defined in § 18-1-101(30) of this Code.



(2) “Base rate” means the stormwater remediation fee to be charged for each equivalent residential unit per year. (3) “Condominium” has the meaning stated in § 17-1-101(16) of this Code. (4) “Detached single-family dwelling” has the meaning stated for “dwelling, single-family detached” in § 18-1-101(30) of this Code. (5) “Dwelling unit” has the meaning stated in § 18-1-101(30) of this Code. (6) “Equivalent residential unit” means 2,940 square feet. (7) “Farm” means a property, or contiguous properties under the same ownership, with or without buildings, that is used for cultivating and managing the soil for composting, growing, harvesting, and selling of crops or the products of forestry, horticulture or hydroponics; processing agricultural products, regardless of whether there is a change in natural state of the product; breeding, raising, or managing livestock, including horses, cattle, poultry, fish, game, bees, or fur-bearing animals; dairying; or equestrian activities and events not conducted under a license issued by the State Racing Commission. (8) “Homeowners Association” means an incorporated or unincorporated homeowners association, civic or community association, council of condominium unit owners, or similar entity. (9) “Impervious surface” has the meaning stated in the Environment Article, § 4-201.1(d), of the State Code. (10) “Multifamily residential property” means real property located in any zoning district that is improved by a “dwelling, multifamily”, as that term is defined in § 18-1-101(30) of this Code. (11) “Nonresidential property” means real property located in a commercial, industrial, maritime, mixed use, Odenton Growth Management Area, Open Space, Town Center, or Small Business zoning district as shown on the Anne Arundel County Digital Zoning Layer adopted in accordance with § 18-2-106 of this Code, and includes real property in those zoning districts improved by an attached dwelling or a detached single family dwelling. “Nonresidential property” also includes real property located in a residential zoning district as shown on the Anne Arundel County Digital Zoning Layer adopted in accordance with § 18-2-106 of this Code with a use other than a dwelling; real property owned by not-for-profit entities such as Homeowners Associations, fraternal organizations, religious groups or organizations, healthcare facilities, and other real property devoted to non-governmental charitable, or institutional uses; and real property located partially in a residential district and partially in any district other than a residential zoning district as shown on the Anne Arundel County Digital Zoning Layer adopted in accordance with § 18-2-106 of this Code. (12) “Religious group or organization” means a religious organization that is certified under § 501(c)(3) or (d) of the Internal Revenue Code and that is exempt from real property tax under § 7-204 of the Tax-Property Article of the State Code. (13) Residential property, tier one” means real property located in Zoning District RA or RLD as shown on the Anne Arundel County Digital Zoning Layer adopted in accordance with § 18-2-106 of this Code, and improved with a detached single-family dwelling. (14) “Residential property, tier two” means real property located in Zoning District R1, R2, or R5 as shown on the Anne Arundel County Digital Zoning Layer adopted in accordance with § 18-2-106 of this Code, and improved with a detached single-family dwelling. (15) “Residential property, tier three” means real property located in Zoning District R10, R15, or R22 as shown on the Anne Arundel County Digital Zoning Layer adopted



in accordance with § 18-2-106 of this Code, and improved with an attached dwelling or a detached single-family dwelling. “Residential property, tier three” also includes real property in Residential Zoning District RA, RLD, R1, R2, or R5 that is improved by an attached dwelling or is a mobile home space under a license issued pursuant to Article 11, Subtitle 9 of this Code. (16) “Stormwater remediation fee” means the fee charged in accordance with this title to fund or support, in full or in part, the purposes set forth in § 4-11-119(c) of this Code. (17) “Unimproved property” means real property that has no impervious surface. (Bill No. 2-13; Bill No. 44-13; Bill No. 74-13)

§ 13-7-102. Watershed Protection and Restoration Program.

(a) Program established. There is a Watershed Protection and Restoration Program as mandated by § 4-202.1 of the Environment Article of the State Code. (b) Purposes. The purposes of the Watershed Protection and Restoration Program are to support compliance with the requirements of the County’s National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System permit, Chesapeake Bay Total Maximum Daily Load and local watershed Total Maximum Daily Load, and stormwater Watershed Implementation Plans through stormwater management practices and stream and wetland restoration activities, and to maintain and administer the Watershed Protection and Restoration Special Revenue Fund established under § 4-11-119 of this Code. (Bill No. 2-13; Bill No. 42-13)

§ 13-7-103. Stormwater remediation fee.

(a) Fee established. There is an excise tax known as the stormwater remediation fee imposed on the use of real property improved with impervious surface as required by § 4-202.1(e) of the Environment Article of the State Code. The stormwater remediation fee may not be imposed on real property in the City of Annapolis. (b) Base rate. The base rate of the stormwater remediation fee for one equivalent residential unit shall be $85 per year. (c) Residential property fee. The stormwater remediation fee for each real property in the following categories shall be: (1) residential property, tier one - two times the base rate; (2) residential property, tier two - the base rate; and (3) residential property, tier three - 40% of the base rate for each dwelling unit or mobile home space. (d) Multifamily residential and nonresidential properties fee. Except as provided in subsections (e), (f), (g), (h), (i) (j), (k), (l), (m), and (n) the stormwater remediation fee for a multifamily residential property or a nonresidential property shall be determined in accordance with the following procedure: (1) The Director determines the number of equivalent residential units assigned to the property by dividing the total impervious surface of the property by the value of one equivalent residential unit.



(2) For a non-residential property, the Director computes the stormwater remediation fee by multiplying the base rate by the number of equivalent residential units assigned to the property. (3) For a multifamily residential property, the Director computes the stormwater remediation fee by multiplying the number of equivalent residential units assigned to the property by 40% of the base rate. (e) Condominiums fee. If a multifamily residential property is a condominium, the stormwater remediation fee determined for buildings containing dwelling units in accordance with subsection (d) shall be divided by the number of dwelling units and that amount shall be billed separately to each condominium dwelling unit owner. (f) Private roads – fee. If a nonresidential property is a private road with a separate tax account number and is not owned by a Homeowners Association, the stormwater remediation fee shall be the base rate. (g) Homeowners Associations – fee. If a nonresidential property is owned by a Homeowners Association, the total stormwater remediation fee for all properties owned by the same Homeowners Association may not exceed the number of property tax accounts for the property owners within the boundaries of the Homeowners Association multiplied by 40% of the base rate. (h) Nonresidential properties – cap on fee. The stormwater remediation fee for a nonresidential property may not exceed 25% of the State and County real property tax that would be levied based on the assessment of the property prior to any tax credits, deferrals, or exemptions that are applicable in accordance with the Tax-Property Article of the State Code or Article 4, Title 2 of this Code. (i) Certain marinas – fee. Marinas in good standing with the Maryland Department of Natural Resources Clean Marina Initiative with more than seven-and-one-half acres of impervious surface shall pay a fee for each additional acre or fraction thereof in excess of seven-and-one-half acres equivalent to 25% of the base rate. (j) Private airfields or airports – fee. If a nonresidential property is a private airfield or airport as defined in Article 18 of this Code, the stormwater remediation fee shall be two times the base rate. (k) Farms – fee. The stormwater remediation fee for a farm shall be 40% of the base rate for each property tax account associated with the farm that has impervious surface. (l) Properties with certain permits – fee. If a nonresidential property is subject to a National Pollutant Discharge Elimination System Permit including stormwater management controls, the stormwater remediation fee shall be 30 % of the rate calculated under subsection (d)(2). (m) Nonprofit organizations – fee. Unless otherwise provided under this section, the stormwater remediation fee for nonresidential property owned by a nonprofit organization that is exempt from taxation under 501(c)(3) or (d) of the Internal Revenue Code and exempt from real property tax under the Tax-Property Article of the State Code shall be $1.00. (n) Residential properties in nonresidential zones – fee. For a property located in a Commercial, Industrial, Maritime, Mixed Use, Odenton Growth Management Area, Open Space, Town Center, or Small Business Zoning District that is improved solely by an attached dwelling or a detached single family dwelling, including accessory structures, which is used solely as the primary residence of the property owner, the stormwater remediation fee shall be the lesser of the fee for residential property, tier two or the fee calculated in accordance with subsection (d).



(o) Implementation of fee. (1) For residential properties, the stormwater remediation fee shall be charged in the following manner: (i) 60% of the fee beginning in fiscal year 2014; (ii) 80% of the fee beginning in fiscal year 2015; and (iii) 100% of the fee beginning in fiscal year 2016 and each fiscal year thereafter. (2) For multifamily residential and non-residential properties, if the stormwater remediation fee calculated under subsection (d) is $500 or greater, it shall be charged in the following manner: (i) 60% of the fee beginning in fiscal year 2014; (ii) 80% of the fee beginning in fiscal year 2015; and (iii) 100% of the fee beginning in fiscal year 2016 and each fiscal year thereafter. (p) Collection. The stormwater remediation fee shall be billed annually to the owner of the real property on which it is imposed. The stormwater remediation fee shall be collected as provided in § 1-9-101 of this Code. The Controller shall include an explanation in each property tax bill that states “pursuant to § 4-202.1(h)(1)(ii) of the Environment Article of the State Code, the stormwater remediation fee is a local government fee established in response to federal stormwater management requirements. The federal requirements are designed to prevent local sources of pollution from reaching local waterways. (q) Waiver of interest on overdue fees. (1) The Controller may authorize a one-time waiver of interest accrued in accordance with § 4-1-103 of this Code on an overdue stormwater remediation fee between 2013 and the date of the waiver if: (i) the overdue stormwater remediation fee is imposed on a nonresidential property exempt from real property tax under the Tax-Property Article of the State Code, and no real property taxes were assessed against the property as of June 15, 2013; (ii) the stormwater remediation fee imposed on the property has not been paid in whole or in part since June 15, 2013; and (iii) there is an incorrect mailing address on file with the State Department of Assessments and Taxation for the owner of the property subject to interest on an overdue stormwater remediation fee. (2) Once interest is waived under this subsection, it may not be waived again for the same property. (3) Notwithstanding this subsection, the County may collect, in accordance with § 1-9-101 of this Code or any provision of State or County law, an overdue stormwater remediation fee and any interest that is not waived. (Bill No. 2-13; Bill No. 40-13; Bill No. 42-13; Bill No. 43-13; Bill No. 44-13; Bill No. 45-13; Bill No. 74-13; Bill No. 2-15; Bill No. 91-15; Bill No. 53-16)

§ 13-7-104. Appeals.

(a) Definitions. In this section, the following words have the meanings indicated. (1) “Median impervious surface of residential property, tier 2” means 2940 square feet.



(2) “Median impervious surface of residential property, tier 3” means 1200 square feet. (b) Administrative appeal. A property owner may appeal a stormwater remediation fee to the Department. An appeal shall be submitted on or before September 30 in order to receive a correction of the stormwater remediation fee for the current billing year. (c) Grounds for appeal. Grounds for appeal of the stormwater remediation fee include: (1) incorrect classification of real property for purposes of determining the stormwater remediation fee; (2) a property in the category residential property, tier 1 having less impervious surface than the median impervious surface of residential property, tier 2, for a charge at the tier 2 level; (3) a property in the category residential property, tier 2 having less impervious surface than the median impervious surface of residential property, tier 3, for a charge at the tier 3 level; (4) for nonresidential or multifamily residential property, errors in the calculation of the impervious surface of the property; (5) mathematical errors in calculating the stormwater remediation fee; (6) the real property is not subject to the stormwater remediation fee under § 13-7-105; (7) the property owner is exempt from the stormwater remediation fee under § 13-7-106; (8) errors in the identification of the property owner of real property subject to the stormwater remediation fee; (9) for nonresidential property owned by a Homeowners Association, errors in the number of property tax accounts for the property owners within the boundaries of the Homeowners Association; or (10) a property located in a Commercial, Industrial, Maritime, Mixed Use, Odenton Growth Management Area, Open Space, Town Center, or Small Business Zoning District improved solely by an attached dwelling or detached single family dwelling, including accessory structures, and is used solely as the primary residence of the property owner that is not charged a stormwater remediation fee that is the lesser of the fee for residential property, tier two or the fee calculated in accordance with § 13-7-103(d). (d) Application. An appeal must be submitted in writing on an application form provided by the Department. A property owner shall include a detailed statement of the grounds of the appeal and all information or supporting documentation as required by the Department. Failure to provide all information required on the application form or to attach any relevant documentation is a basis for a denial of an appeal. If the basis for appeal is: (1) that the zoning district of the real property is incorrect, the property owner shall provide proof of the zoning district of the property as shown on the Anne Arundel County Digital Zoning Layer adopted in accordance with § 18-2-106 of this Code; (2) that there is an error in the calculation of the impervious surface of the property, the property owner shall supply documentation prepared and certified by a registered professional engineer or professional land surveyor of the impervious surface of the property; or (3) that there is an error in the number of dwellings or dwelling units that may be billed by a Homeowners Association, the property owner shall provide proof of the number of



property tax accounts for the property owners within the boundaries of the Homeowners Association. (e) Written decision. The Director shall issue a written decision indicating whether the appeal is granted or denied and a copy shall be provided to the property owner, the Controller, and any counsel of record. The written decision of the Director shall set forth all reasons for the decision and shall set forth any change in the amount of the stormwater remediation fee. For fiscal year 2014, the Director shall issue the written decision within 90 days of the filing of the appeal. For any year after fiscal year 2014, the Director shall issue the written decision within 45 days. (f) Adjusted billing. If the decision of the Director changes the amount of the stormwater remediation fee, the Controller shall issue a new bill to the property owner. (g) Stay. An application for an appeal filed under subsection (d) shall act as an immediate stay on the collection of the stormwater remediation fee, without interest or penalty. A property owner shall pay the fee within 30 days of a final determination of the amount of fee. (h) Tax Court. A property owner who is aggrieved by a decision of the Director on an appeal or by the imposition of a stormwater remediation fee shall pay the stormwater remediation fee and may request a refund in accordance with Local Government Article, § 20-113, of the State Code and may appeal to the Maryland Tax Court in accordance with Local Government Article, § 20-117, of the State Code. (Bill No. 2-13; Bill No. 44-13; Bill No. 74-13; Bill No. 19-14; Bill No. 2-15)

§ 13-7-105. Exemptions – Property.

(a) State and local government property. A stormwater remediation fee may not be imposed on real property owned by the entities listed in the Environment Article, § 4-202.1(e)(2), of the State Code. (b) Unimproved property. A stormwater remediation fee may not be imposed on unimproved property. (Bill No. 2-13)

§ 13-7-106. Exemptions – Substantial financial hardship.

(a) Program established. There is a Substantial Financial Hardship Exemption Program. The purpose of the Program is to exempt from the payment of the stormwater remediation fee a property owner who is able to demonstrate substantial financial hardship as a result of the fee. (b) Qualifications for exemption. To qualify for a substantial financial hardship exemption: (1) the real property for which the exemption is requested shall contain a detached single family dwelling or a dwelling unit in an attached dwelling or multifamily residential property; (2) at least one of the property owners shall be an occupant of the property; and (3) at least two of the following four criteria shall be met to demonstrate substantial financial hardship:



(i) the combined gross income, as defined in the Tax-Property Article, § 9-104, of the State Code, does not exceed the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. § 9902(2); (ii) at least one of the property owners who resides at the property receives an energy assistance subsidy in accordance with a Fuel and Utility Assistance Program established under the Human Services Article, § 5-5A-07, of the State Code; (iii) at least one of the property owners who resides at the property receives supplemental Security Income under 42 U.S.C. § 1381, et seq. or food stamps under 42 U.S.C. § 2011, et seq.; or (iv) at least one of the property owners who resides at the property receives veterans or Social Security disability benefits under the Social Security Act, the Railroad Retirement Act, any federal act for members of the United States Armed Forces, or any federal retirement system. (c) Mobile home park tenants. A person with a valid lease or contract to use a mobile home space in a licensed mobile home park qualifies for the substantial financial hardship exemption if at least one of the persons listed on the lease or contract is an occupant of a mobile home in the mobile home space and at least two of the four criteria set forth in subsection (b)(3) are met. If a substantial financial hardship exemption is granted under this subsection and the stormwater remediation fee is charged to an owner of a mobile home park, the stormwater remediation fee for the mobile home park shall be reduced by 40% of the base rate. (d) Rules and regulations. The Office of Finance shall administer the Substantial Financial Hardship Exemption Program and the Controller shall adopt rules and regulations governing the Program. The rules and regulations shall provide: (1) the application deadline; (2) that the application shall be made on a form provided by the Office of Finance; (3) a description of documentation that shall be provided by an applicant; and (4) any other matters deemed necessary by the Controller to administer the Substantial Financial Hardship Exemption Program. (e) Validity of exemption. Any exemption granted is only valid for the year that payment of the stormwater remediation fee is due. (Bill No. 2-13)

§ 13-7-107. Reduction of fee.

The Director shall adopt rules and regulations in accordance with the Environment Article, § 4-202.1(f)(1), of the State Code to reduce, in an amount not to exceed 50%, the stormwater remediation fee for a real property that has a National Pollutant Discharge Elimination System permit that includes stormwater management controls, or to account for existing on site systems, facilities, services, or activities that reduce the quantity or improve the quality of stormwater discharged from a property. Marinas covered under a current National Pollutant Discharge Elimination System permit with stormwater management controls for marinas shall be entitled to a 25% reduction of the stormwater remediation fee for the marina. Marinas in good standing with the Maryland Department of Natural Resources Clean Marina Initiative shall be entitled to a total reduction not to exceed 50% of the stormwater remediation



fee for the marina. The Director may enter into an agreement for a fee reduction conditioned upon the successful implementation of an approved stormwater remediation project. (Bill No. 2-13)

§ 13-7-108. Competitive Grant Program.

Beginning July 1, 2014, the Department may establish a grant program consistent with § 4-202.1(h)(4)(vi) of the Environment Article of the State Code to award grants on a competitive basis to an entity determined to be a 501(c) organization by the Internal Revenue Service for watershed restoration and rehabilitation projects relating to planning, design, and construction of stormwater management practices and stream and wetland restoration, consistent with § 4-202.1(h)(4)(vi) of the Environment Article of the State Code and the Department’s Watershed Implementation Program. (Bill No. 2-13)

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