§ 51.23 REGULATIONS.

   The county is authorized to establish, after due notice, an opportunity for interested parties to be heard, all written regulations necessary to implement the provisions of this subchapter.

(2004 Code, § 179-10) (Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)

§ 51.24 RATES.

   (A)   Usage rates and area connection charges shall be based on the water usage classification as outlined in Table 1 and which shall be established by the County Commissioners by resolution or ordinance:

      (1)   Non-functioning meters. Customers who do not have a functioning meter shall pay quarterly a ready-to-serve charge and a gallonage charge which shall be computed as follows:

         (a)   Effective with the customers' first full billing cycle after adoption of this subchapter, customers shall pay a ready-to-serve charge equal to the charge applicable to users having a three-inch meter. On the first billing period after each July 1, thereafter, the ready-to-serve charge shall increase to the charge for the next higher meter size. After a charge for the largest single meter has been applied to the user based upon this calculation, the previous year's ready-to-serve charge shall be doubled in each succeeding year.

         (b)   Customers shall pay a gallonage charge equal to their estimated use based on the meter size at which their ready-to-serve charge is calculated. The charge shall be determined in accordance with Table 1:

Meter Size	Estimated Consumption of Gallons per Day	Estimated Consumption of Gallons per Quarter
5/8 inch	250	22,812.50
3/4 inch	275	25,093.75
1 inch	350	31,937.50
1-1/2 inch	450	41,062.50
2 inch	725	66,156.25
3 inch	2,750	250,937.50
4 inch	3,500	319,375.00
6 inch	5,250	479,062.50
8 inch	7,250	661,562.50

 

TABLE 1
Rate	Estimated Consumption of Gallons per Day "Water Usage Classifications"	Estimated Consumption of Gallons per Quarter
1	250	22,812
2	275	25,093
3	350	31,937
4	450	41,062
5	725	66,156
6	1,225	91,250
7	1,750	136,875
8	2,250	182,500
9	2,750	250,937
10	3,500	319,725
11	5,250	479,062
12	7,250	661,562
*An increased area connection charge shall apply to each additional l,000 gallons per day over Rate 12. **Exception: Age restricted communities (55 and older) receive a 60% reduction to Rate 1 of each rate schedule. To qualify, the property shall be deeded as age restricted. Any future change shall result in a reclassification of the property and a balance of the fee paid.

 

      (2)   Front-foot maintenance fee.

         (a)   Effective July 1, 2001, the county shall establish an annual fee for upkeep of water and sewerage systems which shall be made upon such reasonable basis as the County Commissioners may determine. The fee shall be collected annually in the same manner as are front-foot benefit assessments against all properties having a connection to a water main or a sewer under the operation or ownership of the county and shall be a lien against the property.

         (b)   The fee shall be based on such classifications as the county may establish and shall be uniform throughout each system within each classification; provided, however, that no charge for upkeep of water and sewerage systems shall be made against any property in any year for which property is subject to a front-foot benefit assessment.

   (B)   Reduction in charges due to water loss.

      (1)   Within 30 days of an invoice for water and sewer service, a customer may apply for a reduction in the customer's water and sewer charges when the customer shows that the customer did not cause, either through intent or through negligence, a leak in the customer's water service line and presents evidence of the repair of a leak in the customer's water service line, where the leak existed between the customer's house or business and the meter serving the property, or when the customer presents evidence of a repair of a major break within the structure and associated with an insurance claim. A plumbing permit shall be required.

      (2)   The Comptroller, upon receipt of an application for a reduction in charges due to the loss of water as provided in division (B)(1) above, shall review the application and decide whether to grant the reduction in the charges.

      (3)   Where the leak spans more than one billing cycle, despite the best efforts of the customer to have it repaired, the Comptroller may adjust the bills.

      (4)   In determining the amount of the reduction, the Comptroller shall consider:

         (a)   The prior use of the customer during the whole period of service to the customer but for a period of no less than the two preceding quarters; or

         (b)   The use of similar customers if the customer has not used the system for at least two quarters.

      (5)   In determining whether to grant the reduction, the Comptroller shall determine if the customer knew or should have known about the leak and grant relief only in circumstances when the customer has acted reasonably. The decision of the Comptroller may be appealed to the County Commissioners or a Board of Appeals appointed by the County Commissioners, and its decision is final and not subject to further appeal. Credits shall only be considered and granted provided a plumbing permit is completed for the repair.

      (6)   Reductions in water usage shall not be granted for the filling of swimming pools, hot tubs, or other water storage components, including outdoor irrigation systems.

   (C)   Other charges.

      (1)   In cases where the owner requests the meter tested for accuracy, the owner shall pay the costs of a meter replacement should the result show that the existing meter was accurate. If the meter is shown to be inaccurate, the county shall replace the meter at no cost to the owner and shall adjust the billed invoice appropriately.

      (2)   Property transfer fee. A fee of $30 shall be charged for each final water reading related to the transfer of a property and paid as part of the recordation of the deed.

   (D)   Removal of meter. If a property owner requests removal of the meter because the property is vacant, condemned, or abandoned, or for any other reason, the charge for removal shall be $50 and the subsequent charge for reinstatement of the meter shall be $50 plus the cost of the new meter. During the time period that the meter is removed, the base charge will not be assessed. If the meter is not reinstated within 24 months, the property owner shall pay the current water area connection charge, less any connection charges previously paid when the meter is reinstalled.

(2004 Code, § 179-11) (Ord. 02-20, passed 11-21-2002; Ord. 03-13, passed 6-10-2003; Ord. 05-01, passed 1-25-2005; Ord. 06-10, passed 6-22-2006; Ord. 2021-09, passed 10-14-2021)

§ 51.25 VIOLATIONS.

   (A)   In addition to and not in substitution of any criminal penally imposed pursuant to § 51.99, any person who shall injure, deface, destroy, molest, tamper with, or otherwise damage any portion of the water and sewer system owned by the county shall be liable to the county for the damage, including reasonable attorneys' fees and costs incurred in bringing suit.

   (B)   In addition to, and not in substitution of, any other right or remedy which the county may have hereunder or otherwise, the county may bring suit to enjoin violations of this subchapter and shall be entitled to recover reasonable attorneys' fees and the costs incurred in bringing the action.

(2004 Code, § 179-12) (Ord. 2021-09, passed 10-14-2021) Penalty, see § 51.99

§ 51.26 COMPUTATION OF TIME.

   In computing any period of time prescribed by this subchapter, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the next day which is not a Saturday, a Sunday or a legal holiday. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

(2004 Code, § 179-13) (Ord. 2021-09, passed 10-14-2021)

§ 51.27 EFFECT OF ADOPTION.

   The adoption of this subchapter shall not discharge, impair, or release any contract, obligation, duty, liability, or penalty, whatever, existing on the date of its enactment. All suits and actions pending, both civil and criminal, or which may hereafter be instituted for causes of action not existing or offenses already committed against any ordinance amended by this subchapter, shall be instituted, proceeding with the prosecuted to final determination and judgment as if this subchapter had not become effective.

(2004 Code, § 179-14) (Ord. 2021-09, passed 10-14-2021)

APPROVAL OF SEWER SYSTEMS

§ 51.40 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning;

   DEVELOPER. All owners of an impacted subdivision.

   IMPACTED SUBDIVISION. A subdivision which has been denied subdivision approval solely as a result of inadequate capacity of the sewer system.

   INFILTRATION AND INFLOW FIELD STUDY. A project which attempts to determine the extent of infiltration or inflow in the sewer system by on site observations, metering, or other device and which includes the identification of the source and nature of the infiltration or inflow.

   SEWER SYSTEM. A sewerage system operated, maintained, and administered by the county pursuant to Title 14 of the Code.

   SUBDIVISION APPROVAL. Final approval of a subdivision pursuant to Md. Code, Land Use Article, and Chapter 155, Development and Subdivision of Land, by the Planning Commission.

   SUBDIVISION PLAT. A plat of a subdivision which has been given subdivision approval.

   UNIT OF CAPACITY. The allocation for sewer service of flows or capacity as determined by the county pursuant to § 51.02(H), as amended.

(1004 Code, § 179-15) (Ord. 53, passed 6-1-1985; Ord. 2021-09, passed 10-14-2021)

§ 51.41 PROCEDURE.

   Notwithstanding any other ordinance or resolution to the contrary, a developer who has been denied subdivision approval solely because there are inadequate sewer facilities to serve a proposed subdivision as a result of a lack of capacity in the system, may acquire, and be entitled to use, units of capacity by complying with the following requirements:

   (A)   The developer may enter a contract with the county for the conduct of an infiltration and inflow field study of the sewer system, or that portion of the system, which would serve the impacted subdivision.

   (B)   The contract shall provide that the developer shall pay all costs of the study and that the developer must provide a suitable guaranty, as determined by the County Attorney, to ensure that he or she will, in fact, pay for all costs of the study.

   (C)   If the study finds areas of the system which can be corrected, the developer who paid for the study will be given the opportunity to enter a contract with the county to pay for a remedy of the defect in the system. If the developer shall refuse or fail to enter such a contract within 90 days of the offer, anyone thereafter having an impacted subdivision may enter the contract to pay for a remedy of the defect in the system provided the study conclusions remain valid.

   (D)   The contract set forth in division (C) above shall provide that the developer will pay all costs incurred by the county in fixing the system, or part of the system, as recommended by the study. The contract shall require the developer to provide a suitable guaranty to ensure that the developer pays all costs of this work.

   (E)   Upon completion of the work set forth in division (C) above, the developer under contract will be allotted units of capacity at a rate equal to the effective repairs in the sewer system for use in the impacted subdivision and for no other subdivision, lot or property.

   (F)   If a subdivision plat for the impacted subdivision is not recorded within 90 days of notice of allotment under division (E) above, the developer loses the right to these specific allotments.

(1004 Code, § 179-16) (Ord. 53, passed 6-1-1985; Ord. 2021-09, passed 10-14-2021)

§ 51.42 ALLOTMENT OF UNITS OF CAPACITY.

   (A)   The developer shall not be entitled to allotments of units of capacity for more lots than are represented on the plat of the impacted subdivision, regardless of the number of lots proposed for future development in any preliminary plan or on any subdivision plat.

   (B)   The number of allotments shall be decided by the county based upon the actual capacity of the system, the actual use of the system, any tolerance desired by the county to protect the public and the environment, and the necessity to protect the health, safety, and welfare of the citizens of this county and this state.

   (C)   No allotments arising solely as a result of a developer's actions hereunder shall be given to anyone else until all allotments in the impacted subdivision have been reserved and the repairs completed. Surplus allotments may be reentered in the system and distributed in accordance with county code.

(1004 Code, § 179-17) (Ord. 53, passed 6-1-1985; Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)