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2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 2 - Benefit Charges › Section 25-210 - Replacement or Enlargement of Water Main or Sewer

(a)    (1)    When the Commission replaces or enlarges a water main or sewer to provide increased water or sewer service capability for abutting or connected property because of a change in the use or zoning classification of the property, a benefit charge for the construction of the replacement or enlarged system shall be:
(i)    imposed as provided in § 25–204 of this subtitle;
(ii)    collected as provided in § 25–214 of this subtitle; and
(iii)    redeemed as provided in § 25–211 of this subtitle.
(2)    Any unpaid portion of the initial benefit charge imposed for the original construction of the water main or sewer shall be included in the new benefit charge as an incremental charge to the single resulting benefit charge for the enlarged system only for the remaining years of the initial benefit charge.
(b)    The Commission may not impose an additional benefit charge under subsection (a) of this section for a property in the residential subdivision class that abuts on an enlarged water main or sewer and that is subject to, or was subject to and paid, a benefit charge for water main or sewer construction until the classification of the property is changed because of a change in use or zoning classification requested by the property owner.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 2 - Benefit Charges › Section 25-211 - Extinguishment or Redemption

(a)    (1)    For purposes of this section, the annual benefit charge for a property shall be calculated at a sum:
(i)    equal to the base rate applied to the classification for the property as it is used, disregarding any allowance for excess; but
(ii)    not less than the base rate applied to property in the residential subdivision classification.
(2)    At any time, a benefit charge may be extinguished or redeemed by payment to the Commission of a sum equal to:
(i)    the annual benefit charge multiplied by the number of years yet to run on the bonds that financed the construction of the water main or sewer on which the benefit charge was based; and
(ii)    less the interest calculated at the rate of interest on the bonds that financed the construction of the water main or sewer on which the benefit charge is based.
(b)    Notwithstanding subsection (a) of this section, if a benefit charge is paid and redeemed because the property is acquired by the State, a county, or other governmental unit under any law that requires redemption, the payment to the Commission:
(1)    shall be the capitalized amount of the actual benefit charge; but
(2)    may not be less than an amount calculated as if the property were in the small acreage classification, with the redemption amount calculated as provided in this section.
(c)    (1)    On receiving a sum from the extinguishment or redemption of one or more front foot benefit charges, the Commission:
(i)    shall purchase and cancel one or more bonds from the series of bonds issued for the construction that was the basis of the front foot benefit charge; or
(ii)    may invest or use the sum to:
1.    construct other water mains and sewers for which benefit charges are imposed; or
2.    amortize bonds issued for the construction of water mains and sewers for which front foot benefit charges are imposed under this subtitle.
(2)    The Commission may make up a deficiency in the purchase of a bond or pay a premium from any available surplus funds.
(3)    The extinguishment or redemption of a benefit charge is conditional until the last year of maturity of the bonds from which proceeds the water mains or sewers were constructed.
(4)    If, after extinguishment or redemption, the use of the property changes to another classification that would yield a greater benefit charge than that used to calculate the sum to extinguish or redeem the benefit charge, the Commission may:
(i)    reclassify the property;
(ii)    calculate a benefit charge to give credit for the sum paid for the extinguishment or redemption; and
(iii)    reimpose the benefit charge for the remaining number of years until the bonds mature.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 2 - Benefit Charges › Section 25-212 - Property Acquired for Public Use

(a)    Except as provided for the Housing Opportunities Commission of Montgomery County under § 25–204(d)(2) of this subtitle, when the State or a county or municipality, or a unit of the State or a county, acquires property for public use that is subject to a benefit charge imposed under this subtitle, the benefit charge shall be paid and extinguished by payment to the Commission of a sum calculated in accordance with § 25–211 of this subtitle.
(b)    When property is acquired without eminent domain, the Commission shall be paid the amount necessary to extinguish the benefit charge before the deed evidencing the transfer may be recorded in the land records of the county in which the property is located.
(c)    When property is acquired by eminent domain:
(1)    the Commission shall be named a party to the eminent domain proceedings and the jury shall make a separate award to the Commission of the amount necessary to extinguish the benefit charge; or
(2)    the condemning authority shall pay the Commission the amount necessary to extinguish the benefit charge at the same time the condemning authority pays the amount awarded to the property owner if:
(i)    by oversight or mistake, the Commission is not named a party to the proceedings; or
(ii)    the jury’s inquisition does not specify a separate award for the amount necessary to pay the benefit charge.
(d)    If the Housing Opportunities Commission of Montgomery County allows a benefit charge to become delinquent:
(1)    by the first month of the next fiscal year, the Montgomery County Council shall authorize and appropriate sufficient funds to pay the delinquent benefit charge and all penalties and interest on the charge; and
(2)    the Montgomery County Executive shall pay the appropriated funds to the Commission promptly.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 2 - Benefit Charges › Section 25-213 - Omissions and Mistakes

(a)    This section applies to:
(1)    an omission or mistake previously made by the Commission; or
(2)    a judgment or decree previously rendered on a property if front foot benefit charge payments have not been made on the property.
(b)    (1)    When the Commission discovers an omission or mistake or within a reasonable time after a court renders a judgment or decree, the Commission may impose a front foot benefit charge at a rate and in a classification that it could have imposed originally or that a court orders, including any increases applied to the project of which the property is a part, if:
(i)    the Commission discovers that property subject to a front foot benefit charge:
1.    mistakenly has not had a front foot benefit charge imposed;
2.    has had the charge imposed but was listed in the wrong name; or
3.    has had the charge imposed under an incorrect description; or
(ii)    a property owner did not receive notice as required by § 25–204 of this subtitle; or
(iii)    the court set aside the service of notice by judgment or decree.
(2)    The front foot benefit charge imposed under this section shall run for the period of years the benefit charge would have run if it had been imposed at the proper time or in the proper manner.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 3 - Connection Charges › Section 25-301 - Connection Charges Generally

(a)    For each service connection under § 23–202 of this article, the Commission shall set a connection charge that the Commission determines to be reasonable.
(b)    Subject to a yearly revision by the Commission:
(1)    for connections of the sizes and classes for which the average cost reasonably may be ascertained, the connection charge shall be uniform throughout the sanitary district; and
(2)    for all other connections, the connection charge shall be the actual cost.
(c)    All property owners shall pay the connection charge to the Commission before the actual connection of any line on private property is made.
(d)    Of the total revenue over actual cost that is derived from the connection charges, the Commission shall:
(1)    retain one–half of the revenue in a contingency fund for repair, replacement, or any extraordinary expense in the maintenance and operation of water supply or sewer systems under the control of the Commission; and
(2)    apply one–half of the revenue to pay the Commission’s debt service for outstanding debts.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 3 - Connection Charges › Section 25-302 - Separate Classes -- Unimproved Area

(a)    If the Commission determines that it is feasible, reasonable, and economical, the Commission may place in a separate class a water or sanitary sewer connection that is made to a water or sewer line installed in a street, road, alley, or right–of–way that has not been paved or otherwise improved to avoid the necessity of replacing pavement or street improvements on installation of the connection.
(b)    (1)    The Commission may:
(i)    impose a connection charge based on the actual cost of the connections, including the Commission inspection charge; or
(ii)    provide for the installation of the connections, including taps into a main or line, by the applicant or at the applicant’s cost, under supervision and inspection of the Commission.
(2)    The Commission may authorize any class of connection from its water line or sanitary sewer line to be constructed beyond the property line of the property to be served if the connecting line is constructed at the same time from the main to the structure on the property to be served.
(c)    The property owner shall pay the entire expense of the construction and maintenance of the part of the connecting line from the property line into the property.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 3 - Connection Charges › Section 25-303 - Separate Classes -- Other Areas

(a)    If the Commission provides for a class of connections for unimproved areas as provided in § 25–302 of this subtitle:
(1)    the charges for water and sanitary sewer connections to similar properties in developed areas may be based on the Commission’s calculation, based on its experience, of an average cost for connections in both unimproved and developed areas; and
(2)    the Commission may specify this connection charge as the uniform connection charge provided in § 25–301 of this subtitle for connections installed by the Commission in developed areas.
(b)    Any difference between the actual cost of the connections and the uniform connection charge shall be paid from the water service charge or a sewer usage charge, as applicable.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 3 - Connection Charges › Section 25-304 - Connection as Part of a Lateral Line

(a)    (1)    The Commission may provide for the installation of the water or sewer connection as part of the construction of a water or sewer lateral line where the property to which the connection is made has not been assessed a front foot benefit charge under § 25–203 of this title.
(2)    If an installation is made under paragraph (1) of this subsection, the Commission shall collect the deferred part of the connection charge by the benefit charge assessment procedure under §§ 25–204(e) and 25–209 of this title.
(b)    (1)    If the water or sewer lateral line has been constructed or where the property for which an application for connection is made has been assessed a benefit charge under § 25–204 of this title and the property is in an agricultural, small acreage, or residential class, the Commission may provide for an installment payment method for all or a part of the water and sewer connection charges for single family residential units with individual water or sewer connections.
(2)    If an installment payment method is established and chosen by an applicant for connection:
(i)    the installation of the connection is an additional benefit to the property; and
(ii)    the applicant is liable for payment for the additional benefit until the deferred charge has been amortized under the schedule that the Commission requires.
(3)    The connection charge benefit assessment is payable as provided in §§ 25–204(e) and 25–209 of this title.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 3 - Connection Charges › Section 25-305 - Compliance With Requirements for Regulations

In adopting or amending any regulation under this subtitle, and in establishing or modifying water or sewer connection charges under §§ 25–302 and 25–303 of this subtitle, the Commission shall comply with the requirements of § 17–403 of this article.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 4 - System Development Charge › Section 25-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Apartment unit” means a single family housing unit that:
(1)    is one of multiple units within a building;
(2)    contains at least one full bath and one full kitchen; and
(3)    does not contain more than two toilets.
(c)    “Fixture unit” means the assigned value for a plumbing fixture or group of plumbing fixtures, as set forth in the Commission’s plumbing and gas fitting regulations, that is standardized with a common lavatory having an assigned value of one based on its probable discharge into the drainage system or hydraulic demand on the water supply.
(d)    “New service” means:
(1)    a first time connection of a property to the Commission water or sewer system, including:
(i)    a direct connection of an improvement or building; or
(ii)    a connection of the improvement or building through an existing on–site system; or
(2)    a new connection or increased water meter size for a property previously or currently served by the Commission if the new connection or increased meter size is needed because of a change in the use of the property or an increase in demand for service at the property.
(e)    “Property” means an improvement or a building on a lot or parcel of land that contains plumbing fixtures.
(f)    “Toilet” means a water closet, as set forth in the Commission’s plumbing and gas fitting regulations.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 4 - System Development Charge › Section 25-402 - Imposition of System Development Charge

(a)    In addition to any other charges authorized under this division, the Commission may impose a system development charge that shall be paid by an applicant for new service.
(b)    The system development charge shall be paid as follows:
(1)    for residential properties:
(i)    50% at the time the plumbing permit application is filed; and
(ii)    50% within 12 months after the earlier of the date on which a plumbing permit application is filed or on transfer of title to the property; and
(2)    for other properties, 100% at the time the plumbing permit application is filed.
(c)    When the applicant files the plumbing permit application, the applicant shall deposit with the Commission security:
(1)    in the form of an irrevocable letter of credit;
(2)    in the form of a financial guaranty bond; or
(3)    in a form the Commission establishes and approves under its regulations.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 4 - System Development Charge › Section 25-404 - System Development Charge Fund

(a)    (1)    The Commission shall deposit all funds collected under the system development charge into a system development charge fund.
(2)    The system development charge fund is a special fund that may not revert to general funds of the Commission.
(b)    The Commission may use the funds collected from the system development charge only to:
(1)    pay for new treatment, transmission, and collection facilities, the need for which is directly attributable to the addition of new service and the construction of which began after July 1, 1993; or
(2)    amortize any bond that is issued in connection with the construction of those new facilities.
(c)    Other costs of enhancement, maintenance, or environmental regulation on existing or new systems shall be borne equally by all ratepayers.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 4 - System Development Charge › Section 25-405 - Construction of Facilities

(a)    The Commission may allow a developer to design and construct any on–site or off–site facility necessary for the developer’s project if the facility is:
(1)    in the Commission Capital Improvement Program and the 10–year Comprehensive Water Supply and Sewerage System Plan adopted by one of the county councils;
(2)    a major project included in the Commission Capital Improvement Program; or
(3)    a project that includes a sewer main or water main that:
(i)    provides only local service;
(ii)    is 2,000 feet or less;
(iii)    has a diameter of:
1.    15 inches or more if it is a sewer main; or
2.    16 inches or more if it is a water main; and
(iv)    is built to avoid unnecessary and uneconomical duplication when a major project is constructed.
(b)    A facility constructed under this section shall be designed, constructed, and inspected in accordance with:
(1)    the standards used by the Commission; and
(2)    all applicable laws, regulations, and written policies of the Commission.
(c)    After the Commission approves a facility constructed by a developer under this section, the Commission shall:
(1)    accept the facility as part of the Commission system; and
(2)    subject to subsection (d) of this section, grant the developer a credit against any charge imposed under this subtitle in an amount equal to the cost of constructing the facility.
(d)    The Office of the Inspector General shall review and approve the costs incurred by the developer.
(e)    The Commission and the developer shall enter into an agreement that incorporates the provisions of this section.
(f)    If the Commission rejects a developer’s request to design and construct facilities under this section, the Commission shall explain in writing to the developer the reasons for the rejection.
(g)    (1)    The Commission shall submit a report at the end of each fiscal year to the Montgomery County and Prince George’s County Delegations to the General Assembly and to the county councils of Montgomery County and Prince George’s County.
(2)    The report shall state the number of requests made by developers under this section, including:
(i)    the number of acceptances and rejections by the Commission; and
(ii)    the justification for any rejections.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 5 - Service Rates › Section 25-501 - Service Rates Generally

(a)    The Commission shall set a service rate that the Commission considers necessary to provide funds for:
(1)    maintaining, repairing, and operating its water supply and sewer systems, including the overhead expense and depreciation allowance; and
(2)    making any payments to the District of Columbia, as specified in this title.
(b)    The service rate:
(1)    shall be chargeable against all properties for a connection with any line owned by the Commission;
(2)    shall be uniform throughout the sanitary district; and
(3)    may be changed as necessary.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 5 - Service Rates › Section 25-501.1 - Customer Assistance Program and Indirect Customer Assistance Program

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Indirect customer” means an individual who:
(i)    receives water service or sewer service or both from the Commission; but
(ii)    is not billed by the Commission for the service.
(3)    “Ratepayer” means an individual who receives a bill directly from the Commission for water service or sewer service or both.
(b)    (1)    Notwithstanding any other law, on or before July 1, 2015, the Commission shall establish a Customer Assistance Program to provide financial assistance with water and sewer bills to eligible ratepayers.
(2)    The Commission shall establish income eligibility standards for a ratepayer to receive financial assistance under this subsection.
(3)    Financial assistance provided under this subsection may include the reduction or waiver of fees, including late fees.
(c)    (1)    The Commission may establish an Indirect Customer Assistance Program.
(2)    The purpose of the program is to provide financial assistance to eligible indirect customers for water and sewer service.
(3)    If the Commission establishes a program under this subsection, the Commission shall establish income eligibility standards and a process for an indirect customer to receive financial assistance under the program.
(d)    (1)    The Customer Assistance Program and the Indirect Customer Assistance Program shall be funded from Commission revenues.
(2)    Income eligibility standards for the Customer Assistance Program and the Indirect Customer Assistance Program shall be applied uniformly throughout the sanitary district.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 5 - Service Rates › Section 25-502 - Service Rates for Water

(a)    (1)    Except as provided in this subtitle, the service rate  for water shall consist of:
(i)    a minimum or a ready to serve charge; and
(ii)    a charge for water used.
(2)    The minimum or ready to serve charge shall be based on the size of the meter on the water connection leading to the property.
(3)    The charge for water used shall be based on the amount of water passing the meter during the period between the last two readings.
(4)    The meter shall be placed on each water connection by and at the expense of the Commission.
(b)    The Commission may provide that a specified minimum number of gallons of water:
(1)    be included in the minimum or ready to serve charge without additional service charges for the water; and
(2)    may vary with the size of the meter involved.
(c)    (1)    If the Commission furnishes water to a federal, State, or other unit of government that is exempt from benefit charges or ad valorem taxes imposed under this division, the Commission shall set the water service charge at an amount the Commission considers necessary and reasonable.
(2)    In setting the charge, the Commission shall take into consideration the general tax, the benefit charge imposed in the sanitary district, and the regular service rate as provided in subsections (a) and (b) of this section.
(d)    (1)    If, because of public necessity, the Commission has extended the Commission’s water system outside the boundaries of the sanitary district to render a needed service, the Commission may pay for the extension out of its funds.
(2)    The Commission may set any charge that it considers reasonable for all connections to its water system made outside of the sanitary district.
(3)    In setting the charge the Commission shall take into consideration the general tax and front foot benefit charge imposed in the sanitary district.
(4)    The Commission has the same authority over connections made to the Commission’s water system outside the sanitary district as it has in the sanitary district.
(e)    (1)    On request by the Mayor and City Council of the City of Laurel, the Commission shall furnish water from the Patuxent River supply to the city.
(2)    The service rate for the water supplied by the Commission to the City of Laurel shall be at the actual cost of supplying the water to the city’s water system.
(3)    The Mayor and City Council of the City of Laurel may construct a system to receive water from the Commission to the nearest convenient point to the Commission’s Patuxent River supply.
(4)    The connection point between the Commission’s system and the city’s water system must be at or near the Commission’s dam.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 5 - Service Rates › Section 25-505 - Acquisition of Property

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Acquiring authority” means the State, Montgomery County, Prince George’s County, or any municipality or unit of the State, Montgomery County, or Prince George’s County.
(3)    “Bill for water and sewer usage charges” includes, if applicable, the late payment penalty provided under § 25–504(c) of this subtitle.
(b)    (1)    Before acquiring property in the sanitary district, an acquiring authority shall:
(i)    determine if any bill for water and sewer usage charges is outstanding against the property; and
(ii)    require the payment of any outstanding bill for water or sewer charges on the property before acquiring the property.
(2)    If a bill for water and sewer usage charges is not paid before an acquiring authority acquires the property, the acquiring authority shall:
(i)    deduct the amount of the bill from the purchase price of the property; and
(ii)    pay the amount of the bill over to the Commission.
(3)    If the bill for water or sewer usage charges is not paid when the acquisition of the property is completed, the acquiring authority:
(i)    is responsible for the bill; and
(ii)    shall pay the bill to the Commission on demand.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 5 - Service Rates › Section 25-506 - Service to Charitable Institutions

(a)    In this section, “charitable institution” means an institution:
(1)    that is located in Montgomery County or Prince George’s County; and
(2)    whose purpose is primarily charitable.
(b)    Except as provided in subsection (c) of this section, if a charitable institution does not discriminate against the entrance or care of residents of Montgomery County or Prince George’s County, the Commission:
(1)    shall supply without cost up to 100 gallons of water per day for each resident of the charitable institution; and
(2)    may not charge the charitable institution a fee for sewer usage for the water supplied under item (1) of this subsection.
(c)    (1)    The charitable institution shall install and maintain a water meter at its own cost.
(2)    The Commission may charge the charitable institution for:
(i)    the cost of reading the water meter; and
(ii)    sewer usage and water used in excess of 100 gallons per day for each resident of the charitable institution.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 5 - Service Rates › Section 25-507 - Charges to State and Local Governments

(a)    This section may not be construed to invalidate a contract between the Commission and a municipality located in the sanitary district without the consent of the municipality.
(b)    Except as provided in subsection (c) of this section, the Commission shall charge and collect its service rate for water, including a ready to serve charge, for all water used by:
(1)    the State;
(2)    Montgomery County;
(3)    Prince George’s County; and
(4)    a municipality in Montgomery County or Prince George’s County.
(c)    Notwithstanding any other law, a fire department or rescue squad that is recognized by Montgomery County or Prince George’s County or that is maintained and operated by a municipality in Montgomery County or Prince George’s County is exempt from all Commission water and sewer usage charges and meter service charges.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 5 - Service Rates › Section 25-508 - Prince George's County Ombudsman; Interruption of Services

(a)    This section applies only in Prince George’s County.
(b)    There is an Office of Prince George’s County Ombudsman in the Commission.
(c)    The Prince George’s County Executive, with the approval of the Prince George’s County Council, shall appoint an Ombudsman.
(d)    (1)    (i)    Prince George’s County shall:
1.    pay the Ombudsman’s salary;
2.    provide to the Ombudsman any benefits available to other employees of Prince George’s County; and
3.    provide funding for the Office of the Ombudsman.
(ii)    The county may pay for any legal expenses incurred by the Ombudsman, as provided in the county budget.
(2)    The Prince George’s County Council shall determine the salary of the Ombudsman.
(3)    While holding office, the Ombudsman may participate in any Commission program of group health, life, or disability insurance to the same extent and under the same terms as other Commission officers and employees.
(e)    The Ombudsman may represent the interests of a Prince George’s County residential or commercial customer who files a written claim with the Commission for:
(1)    a refund of a payment on a bill for water and sewer usage charges that exceeds the amount that is properly and legally payable; or
(2)    a reduction in a bill for water and sewer usage charges that exceeds the amount that is properly and legally payable that has not yet been paid.
(f)    The Ombudsman:
(1)    shall:
(i)    receive a copy of, and review, any written claim filed with the Commission under § 25–106(b) of this title;
(ii)    investigate the merits of the claim;
(iii)    attend any hearing held in accordance with § 25–106(c)(2) of this title and present any findings and recommendations on the merits of the claim during the hearing; and
(iv)    prepare a written statement of findings and recommendations on the claim and provide copies of the statement to the Commission and the claimant; and
(2)    may represent the customer in any appeal process.
(g)    Notwithstanding any other provision of this division, as to Prince George’s County residential customers, if all undisputed bills for water and sewer usage charges are paid when due, the Commission may not interrupt service during the pendency of a written claim filed for a reduction in a bill for water and sewer usage charges that exceeds the amount that is properly and legally payable.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 26 - Water Systems in Anne Arundel County and Howard County › Subtitle 1 - Anne Arundel County › Section 26-101 - Authority to Furnish Water for Corrective Institution of District of Columbia and Anne Arundel County

The Commission and Anne Arundel County may enter into a contract for the Commission to construct, operate, and maintain a water system in Anne Arundel County for the purpose of supplying water to:
(1)    the corrective institution of the District of Columbia, as authorized by Chapter 434 of the Acts of 1953, or its successor, if any; and
(2)    residents of Anne Arundel County who may be reasonably served from the water system.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 26 - Water Systems in Anne Arundel County and Howard County › Subtitle 1 - Anne Arundel County › Section 26-102 - Additional Powers of the Commission

To carry out this subtitle, the Commission may:
(1)    enter on a public roadway as provided in § 27–101 of this article without receiving a permit from or paying a fee to Anne Arundel County;
(2)    acquire property in Anne Arundel County in the same way as provided for acquiring property in Prince George’s County in Title 21, Subtitle 2 of this article; and
(3)    adopt regulations.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 26 - Water Systems in Anne Arundel County and Howard County › Subtitle 1 - Anne Arundel County › Section 26-103 - Tampering With System

Except as provided in Commission regulations, a person may not use, handle, tamper with, obstruct, interfere with, deface, or destroy any part of the water system constructed by the Commission under this subtitle, including pipes, fittings, fireplugs, pumps, engines, appliances, wires, or other fixtures or equipment.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 26 - Water Systems in Anne Arundel County and Howard County › Subtitle 2 - Howard County › Section 26-202 - Contracts

(a)    The Commission may contract with Howard County and any person to furnish water.
(b)    The parties to a contract under this section may determine by agreement the costs, rentals, service charges, or other fees entered into under the contract.
(c)    (1)    If the Commission and any person who wants water service cannot agree on the reasonableness of the charge for the service, the Public Service Commission may determine the amount of the charge.
(2)    The Public Service Commission’s determination is final and binding on all parties concerned.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 26 - Water Systems in Anne Arundel County and Howard County › Subtitle 2 - Howard County › Section 26-203 - Maintenance and Operation of System

(a)    The Commission may contract with the Howard County Department of Public Works for the maintenance and operation of parts of the Howard County Department of Public Works’ water system that are supplied from the Commission’s water system.
(b)    If the contract under subsection (a) of this section requires the Commission to maintain and operate parts of the Howard County Department of Public Works’ water system:
(1)    the operating control of those parts of the Howard County Department of Public Works’ water system belongs exclusively to the Commission; and
(2)    the Commission shall collect fees and charges incident to the maintenance and operation of the water system or the use of water in accordance with § 25–504(b), (c), and (d) of this article.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 26 - Water Systems in Anne Arundel County and Howard County › Subtitle 2 - Howard County › Section 26-204 - Regulations

(a)    If Howard County is supplied with water from the Commission’s system, the Commission may adopt regulations requiring:
(1)    the use of water saving devices;
(2)    curtailing of water use during water restriction periods; and
(3)    compliance with health requirements of the Commission’s plumbing regulations.
(b)    Howard County shall comply with the regulations adopted by the Commission for those parts of the Howard County Department of Public Works’ water system supplied with water by the Commission.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 26 - Water Systems in Anne Arundel County and Howard County › Subtitle 2 - Howard County › Section 26-205 - Tampering With System

Except as provided in Commission regulations, a person may not use, handle, tamper with, obstruct, or interfere with any part of the Howard County Department of Public Works’ water system that is supplied with water from the Commission’s water system, including pipes, fittings, fireplugs, pumps, engines, appliances, wires, or other fixtures or equipment.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 26 - Water Systems in Anne Arundel County and Howard County › Subtitle 2 - Howard County › Section 26-206 - Disposal of Sewage in Patuxent River Drainage Area

(a)    The Commission may provide a sewage collection and disposal system for the Patuxent River drainage area in Howard County.
(b)    (1)    The Commission may contract with Howard County regarding:
(i)    sewage disposal; and
(ii)    the terms and conditions on which sewage disposal service may be performed.
(2)    The cost of sewage disposal under this section may not be apportioned or levied on any property in Montgomery County or Prince George’s County.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 27 - Highways and Streets › Section 27-101 - Powers and Duties of Commission

(a)    The Commission may:
(1)    enter on a public roadway to install, maintain, and operate the Commission system; and
(2)    construct a water main, sewer, or an appurtenance of a water main or sewer in a public roadway in Montgomery County and Prince George’s County, subject to the regulation and permit provisions of §§ 27–102 and 27–108 of this title.
(b)    When the Commission disturbs a public roadway, the Commission shall:
(1)    notify the State, county, or municipality that has authority over the public roadway of the Commission’s plans;
(2)    repair and leave the public roadway in the same or a superior condition to that existing before the public roadway was disturbed; and
(3)    pay all costs for returning the public roadway to the same or superior condition.
(c)    In addition to the authority over the construction and location of underground construction in the sanitary district, the Commission may regulate the construction of an overhead line, pole, or other public utility along a public roadway in the sanitary district.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 27 - Highways and Streets › Section 27-102 - Special Right of Entry Procedures

(a)    In Montgomery County and Prince George’s County, the county executive and county council may adopt regulations concerning the Commission’s entry into or use of a public roadway for which a permit is required.
(b)    The regulations adopted under this section:
(1)    shall be adopted after consultation with the Commission;
(2)    may include provisions for the review and approval of the required permits to be issued by the Commission under § 27–108 of this title for the construction or location of pipes, conduits, tracks, lines, poles, or facilities of a public utility in the public roadways of the county;
(3)    subject to reasonable provisions for control by the county of the construction, disturbing, or repair of the public roadway, may not:
(i)    be administered so as to constitute a taking of a franchise right that a public service company or a utility company has in a public roadway; and
(ii)    divest the Commission of its right to use a public roadway for the installation of a Commission facility;
(4)    subject to this title, may not prohibit the installation in a public roadway of a facility being constructed by the Commission to provide service to the sanitary district in the other county; and
(5)    may not be inconsistent with this title.
(c)    (1)    The review and approval procedures authorized by subsection (b)(2) of this section:
(i)    may require review and approval by the county before the Commission issues the permit; and
(ii)    may not result in any cost to the Commission or to the public utility.
(2)    A permit issued by the Commission under § 27–108 of this title is not effective unless the appropriate county approves the permit.
(d)    (1)    The Commission:
(i)    shall give a county advance notice of the date, time, and extent to which the Commission plans to cut into a public roadway, sidewalk, or other public property of the county; and
(ii)    if required by a regulation adopted under this section, shall:
1.    submit a copy of proposed construction plans to the county before construction begins; and
2.    apply for and obtain a permit from the county at no cost to the Commission.
(2)    The county shall promptly process the Commission’s permit application.
(3)    The issuance of a permit under this section constitutes approval of the Commission’s proposed construction as specified in the permit.
(4)    If the construction under this section is an emergency, the Commission shall notify the appropriate county as soon as practicable after the cut.
(e)    On prior notice, the county may:
(1)    make all necessary final repairs to restore property to a condition satisfactory to the county; and
(2)    charge all costs for the final repairs to the Commission or to the public utility that made the entry on the property.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 27 - Highways and Streets › Section 27-103 - Effect of 27-101 and 27-102

(a)    Sections 27–101 and 27–102 of this title do not limit the Commission’s authority to enter into contracts or agreements with a unit of federal, State, county, or municipal government or with the District of Columbia concerning the matters described in §§ 27–101 and 27–102 of this title, if the agreement or contract is necessary, advisable, or expedient in connection with the construction, maintenance, and operation of the Commission’s water and sewer systems.
(b)    Sections 27–101 and 27–102 of this title do not impair the rights of the State Highway Administration concerning Commission or utility use of a State highway, including a road that is constructed in whole or in part with federal funds.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 27 - Highways and Streets › Section 27-104 - Submission of System Repair Plans

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Homeowner corporation” means a homeowner association with 5,000 or more members that has:
(i)    filed a written request with the Commission to receive the information required by this section; and
(ii)    provided the Commission with a map of the homeowner corporation’s geographic boundaries.
(3)    “System repair” means work to install, maintain, or operate the Commission system that involves cutting into a public roadway, sidewalk, or other improvement on public property of a county or municipality located in the sanitary district.
(b)    (1)    On or before September 1 of each year, the Commission shall submit to each county, municipality, and homeowner corporation located in the sanitary district a plan of system repairs scheduled for the next 3 years.
(2)    The Commission shall submit the plan of scheduled system repairs to the person designated by the county, municipality, or homeowner corporation.
(c)    For each scheduled system repair, the plan shall include:
(1)    the anticipated system repair date and time;
(2)    the system repair location; and
(3)    an analysis of the impact that the system repair will have on the affected counties, municipalities, and homeowner corporations.
(d)    Before submitting the plan of system repairs, the Commission shall consult with the affected counties, municipalities, and homeowner corporations located in the sanitary district.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 27 - Highways and Streets › Section 27-105 - Reimbursement -- Relocation or Removal of Commission Facilities

(a)    (1)    If a county requires the relocation or removal of a Commission facility, the county shall give notice to the Commission of the requirement within a reasonable time.
(2)    On receiving notice, the Commission shall provide the county with an estimate of the cost of removing or relocating the facility.
(3)    On completion of the removal or relocation of the facility, the Commission shall provide the county with an itemized statement of the actual cost of removal or relocation.
(b)    (1)    For the relocation or removal of a facility for which the Commission is required to pay because of any road construction or improvement required by either Montgomery County or Prince George’s County, the governing body of the county in which the construction or improvement is made shall pay one–half of the actual cost of the construction or improvement in that county.
(2)    (i)    Unless the county disputes a charge in the itemized statement of actual costs, the county shall pay the costs within 6 months after receipt of the statement.
(ii)    If the itemized statement as submitted or finally agreed on is not paid within 6 months after submission or agreement, the itemized statement shall bear 6% interest until paid.
(c)    (1)    If there is a dispute over a charge in the itemized statement of actual costs, within 3 months after receipt of the statement, the dispute shall be referred to an arbitrator selected by the Commission and the county.
(2)    If the Commission and the county do not agree on an arbitrator, the Commission and the county shall each appoint an arbitrator, who jointly shall appoint a third arbitrator.
(3)    If a dispute goes to arbitration, the itemized statement as finally determined shall bear 6% interest after 6 months from the date of the finding by the arbitrator or arbitrators until the statement is paid.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 27 - Highways and Streets › Section 27-106 - Contractors -- Notice Required

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Construction contractor” means a person that performs or is hired to perform road construction work.
(3)    “Road construction work” means the construction, repair, paving, repaving, or grading of a public roadway.
(b)    Before beginning road construction work on a public roadway in the sanitary district in which a water, sewer, or stormwater management structure is installed, a construction contractor shall give notice to the Commission and the county of the proposed construction work.
(c)    The notice:
(1)    shall include the proposed construction schedule and information about the location of construction to accomplish the purposes of this section;
(2)    except in emergency road repair situations, shall be given to the Commission and the county at least 7 days before road construction work begins; and
(3)    in an emergency road repair situation, shall be given to the Commission and the county as promptly as feasible under the emergency situation.
(d)    Unless allowed by the Commission or the county, as appropriate, a person may not disturb, remove, pave over, or repave over a manhole, valve, fitting, or other Commission water or sewer structure or county stormwater management structure.