reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 2 - Subdivision Lines and Service Connections › Section 23-204 - Extension of Service to New Developments in Prince George's County

The Commission may grant water or sewer service connections, hookups, or authorizations for service or otherwise extend water and sewer service to a new development in the Prince George’s County portion of the sanitary district only if the development is in conformance with adopted and approved plans, programs, and policies of the county or other regulations that the county may include in an adopted and approved comprehensive water and sewer plan, amendment, or revision.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Major project” means an extension, project, or program of water and sewer facilities.
(2)    “Major project” includes:
(i)    a sewer main at least 15 inches in diameter;
(ii)    a water main at least 16 inches in diameter; and
(iii)    a sewage or water pumping station, force main, and storage or other major facility.
(3)    “Major project” does not include a sewer main or water main that:
(i)    provides only local service;
(ii)    is 2,000 feet or less; and
(iii)    is built to avoid unnecessary and uneconomical duplication when a major project is constructed.
(c)    “Program” means a 6–year projected program by the Commission of capital improvements for water and sewer facilities.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-302 - Designation of Branch of County Government

(a)    In this subtitle, the requirements and responsibilities of the county executives and county councils or successor forms of governments shall be performed separately or jointly by the branches of the respective county governments as provided by charter or other law.
(b)    The designation of a specific branch of county government is not intended to expand, limit, modify, or vary the powers and duties of the county executives and county councils of Montgomery County or Prince George’s County.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-303 - Content of Program

A Program shall include:
(1)    the major projects that the Commission determines may be required in each of the next 6 fiscal years:
(i)    in the sanitary district; and
(ii)    in geographical areas outside the sanitary district that the Commission determines are appropriate to include in the Program;
(2)    a statement of the objectives and the relationship to the long–range development plans designated by each county for each major project;
(3)    a projected construction schedule, an estimate of cost, and a statement of funding sources, including contributions that may be required for the construction of a major project;
(4)    the information and documentation for each major project that the Commission is required to submit for the 6–year period covered by the Program under Title 9, Subtitle 5 of the Environment Article;
(5)    the addition of a new major project and the deletion, modification, or rescheduling of a previously approved major project for which a construction contract has not been awarded or will not be awarded during the fiscal year in which the Program is being submitted;
(6)    an indication, by major project, of the mains for which construction contributions have been made or committed and the amounts of contributions as of the date of the preparation of the Program;
(7)    additional information for major projects for which contributions are made or committed before approval or amendment of the Program; and
(8)    for each major project, as applicable:
(i)    the estimated maximum diameter, length, and location of water and sewer mains;
(ii)    the design capacity and approximate location of pumping stations;
(iii)    the maximum population that could be served by each sewer construction item as the item is proposed to be designed;
(iv)    the maximum area limits that could be served by gravity systems for each sewer system construction item and the area that each item is designed to serve, with the area limits set forth in a general narrative statement and on a map;
(v)    the demonstrated need for each major project, including a presentation of appropriate facts justifying the proposed construction; and
(vi)    the estimated cost of each construction item in the Program.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-304 - Submission of Program and Recommendations

(a)    Before October 1 of each year, the Commission shall prepare and submit a Program to the County Executive and County Council of Montgomery County and the County Executive of Prince George’s County.
(b)    In Montgomery County, the County Executive shall submit recommendations and suggested amendments about the Program to the County Council as an integral part of the comprehensive 6–year Capital Improvements Program required by the Montgomery County Charter.
(c)    In Prince George’s County, the County Executive shall submit the Program, together with comments, recommendations, and suggested amendments, to the County Council.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-305 - Public Hearings

(a)    Before final action on a Program is taken, public hearings shall be held on the Program.
(b)    The public hearings may be conducted in conjunction with public hearings on the 6–year programs or capital budgets of Montgomery County, Prince George’s County, or other agencies.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-306 - Review; Written Comment by Commission

(a)    The county councils of Montgomery County and Prince George’s County shall approve, disapprove, or modify a Program.
(b)    The county councils of Montgomery County and Prince George’s County shall seek the advice and recommendation of the Maryland–National Capital Park and Planning Commission in reviewing a Program.
(c)    The county councils of Montgomery County and Prince George’s County may designate a water or sewer main for controlled or limited access for service to designated areas within the respective county.
(d)    (1)    A modification to a Program by the county council of Montgomery County or Prince George’s County is not final until the modification is submitted to the Commission for written comment.
(2)    The Commission has at least 30 days to comment on the modification.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-307 - Approval or Disapproval of Certain Major Projects

(a)    If the statement of objectives included in the Program as provided in § 23–303 of this subtitle declares that a major project to be constructed in whole or in part in one county is designed to provide services in whole or in substantial part to the other county, the major project may be disapproved with the concurrence of the county council of the county that is to receive the services.
(b)    (1)    Notwithstanding subsection (a) of this section, the county council of the county in which the major project is located may direct modifications in location or change the proposed year of construction if the modification or change will not prevent the services being available when needed.
(2)    The county council’s authority to direct modifications in the location of a major project described in subsection (a) of this section may be exercised to effect reasonable changes in the location of the major project by the county council of the county in which the major project is located when the major project is first approved as a part of a Program.
(c)    After approval of a major project in a Program, the county council of the county in which the major project is located may make further modifications only if:
(1)    the modifications do not result in substantial net additional costs or expenses to the Commission; or
(2)    the county directing the modifications reimburses the Commission for substantial net additional costs or expenses.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-308 - Sources of Funding

In approving or modifying a Program, if Montgomery County or Prince George’s County approves a major project for which money from the anticipated sources of funding shown by the Commission under § 23–303 of this subtitle is insufficient, the Commission is not obligated to undertake the major project unless the county approving the major project provides additional sources to fund the major project.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-309 - Liability Resulting From Change

(a)    If the Commission becomes legally liable to a third party as a direct result of a modification of a previous approval of a major project by Montgomery County or Prince George’s County, the county directing the change is responsible for the liability that results from the change.
(b)    The County Executive or County Council of Montgomery County or the County Executive of Prince George’s County shall settle or release a claim for liability under subsection (a) of this section by:
(1)    negotiating with the claimant; or
(2)    paying the final judgment of a court award.
(c)    In litigation resulting from a claim for liability under subsection (a) of this section, the County Executive or County Council of Montgomery County and the County Executive of Prince George’s County may:
(1)    intervene in a court proceeding before judgment; and
(2)    interpose defenses available to the county or the Commission.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-310 - Reimbursement; Right, Title, and Interest

(a)    If the Commission has made expenditures to a third party for services or property as part of an approved major project that is subsequently modified or removed by Montgomery County or Prince George’s County so that the services or property are no longer necessary, the county directing the modification or removal shall reimburse the Commission for the amount of the expenditures.
(b)    The Commission shall give Montgomery County or Prince George’s County any right, title, and interest in an item for which reimbursement has been made.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-311 - Notification of Final Action

Within 5 days after final action on a Program, the county councils of Montgomery County and Prince George’s County shall submit to the Commission notification of final action, including:
(1)    the details of changes or modifications; and
(2)    evidence of compliance with specified requirements of this subtitle that may be applicable to the final action.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-312 - Adoption of Program; Amendments to Program

(a)    The Commission shall:
(1)    review each Program;
(2)    revise each Program as required by a final action of the county councils of Montgomery County and Prince George’s County; and
(3)    adopt each Program before the beginning of the first fiscal year of that Program.
(b)    The Commission’s capital budget for the first fiscal year of each Program approved by the Commission shall provide money to begin the approved major projects for the first year of that Program.
(c)    (1)    A major project may not begin if the major project is not in conformity with the part of the Program applicable to that fiscal year unless the major project is included in the Program by an amendment to the Program.
(2)    The amendment to the Program:
(i)    may be proposed by the Commission or initiated by the county executive or county council of Montgomery County or Prince George’s County;
(ii)    on reasonable advance notice to the public, shall be subject to a public hearing held by the county council of the county that initiates the amendment or by both county councils if the amendment affects both counties; and
(iii)    requires final action by the county council of each affected county.
(3)    The county council of the affected county shall notify the Commission of the final action.
(4)    The Commission shall adopt an amendment approved by final action by the county council of each affected county.
(d)    (1)    In this subsection, “material change” does not include the following items if service from a major project as constructed does not extend beyond the area approved for construction of a sewer project:
(i)    a normal deviation from the most recent estimated construction costs;
(ii)    a change in location caused by right–of–way acquisition problems;
(iii)    a condition found in the field when actual construction plans are prepared; or
(iv)    a modification of an estimated size or length of a construction item.
(2)    A major project may not be constructed until an adopted Program is amended as to any material change.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-313 - Reports

(a)    The Commission shall submit a final report, including construction cost figures, on completed major projects to the county executive and county council of Montgomery County or Prince George’s County.
(b)    (1)    When the Commission submits a Program under § 23–304 of this subtitle, the Commission shall include a status report of all approved major projects that have not been completed as of the date that the Program is submitted.
(2)    The report shall:
(i)    identify the major project;
(ii)    specify the dates of approval of the major project;
(iii)    indicate the current status of the major project, including an estimate of the date of completion of construction;
(iv)    indicate if the major project is the subject of a material change and any amendment that is required under § 23–312 of this subtitle; and
(v)    for an approved major project in Montgomery County, indicate a change in the last estimated construction costs and a modification in location, size, and length of a construction item.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-314 - Extensions

(a)    Unless the county councils of Montgomery County and Prince George’s County have approved the extension, the Commission:
(1)    may not extend or approve construction of a sewer of any size or capacity to serve property in either county beyond the area that has been approved for service in a Program and the 10–year water and sewer plan required under § 9–503 of the Environment Article; or
(2)    subject to subsection (b) of this section, may not extend a water line of any size or capacity beyond the approved terminal point of a major project.
(b)    If the county councils of Montgomery County and Prince George’s County have approved the extension, the Commission may extend a water line beyond the terminal point if:
(1)    the extension of the water line would provide water service to a development that is within an approved sewer project area; or
(2)    the affected county, through an appropriate county unit, has approved the installation of individual sewage disposal facilities.
(c)    The Commission may construct an extension that requires approval under this section if:
(1)    the proposed extension has been submitted for approval; and
(2)    within 30 days after receipt of the proposed extension, the affected county has not notified the Commission that the extension should not be made.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-315 - Prince George's County -- Sanitary Sewer Service Outside Approved Areas

(a)    This section applies only in Prince George’s County.
(b)    Except as provided in subsection (c) of this section, the Commission may provide sanitary sewer service in drainage areas that are tributary to county–approved trunk sewers and county–approved pumping stations outside of the county–approved service areas.
(c)    Property to which sanitary sewer service is provided under this section shall be developed in accordance with a master plan adopted by the Maryland–National Capital Park and Planning Commission and approved by the County Council of Prince George’s County after submission to the County Executive of Prince George’s County for review.
(d)    Notwithstanding subsection (c) of this section, the Commission may provide sanitary sewer service to existing structures located in the drainage areas described in subsection (b) of this section.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 3 - Capital Improvements Program › Section 23-316 - Cooperative Effort

(a)    It is the intent of the General Assembly that the Commission, the Maryland–National Capital Park and Planning Commission, and the county executives and county councils of Montgomery County and Prince George’s County cooperate to the fullest extent in seeking to attain maximum harmony of water and sanitary sewer construction programs with the other elements of orderly growth in Montgomery County and Prince George’s County.
(b)    The Commission, the Maryland–National Capital Park and Planning Commission, and the county executives and county councils of Montgomery County and Prince George’s County are encouraged to:
(1)    meet and discuss each Program; and
(2)    exchange information and details necessary to achieve the coordination contemplated by this section for each Program.
(c)    The Commission shall give additional information and details that the county executives and county councils of Montgomery County and Prince George’s County request in connection with the consideration of a Program.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 24 - Plumbing, Waterworks, and Sewer Construction › Subtitle 1 - Construction Projects › Section 24-101 - Construction in Sanitary District or Areas of Prince George's County Not in Sanitary District

(a)    (1)    A person shall obtain a permit from the Commission before the person may engage in plumbing, waterworks, or sewer construction in a building or on private property in the sanitary district or areas of Prince George’s County that are not in the sanitary district.
(2)    The person shall pay to the Commission a reasonable permit fee set by the Commission.
(b)    Work performed under a permit authorized by this section shall:
(1)    conform to the Commission’s regulations; and
(2)    be subject to any inspection that the Commission considers necessary.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 24 - Plumbing, Waterworks, and Sewer Construction › Subtitle 1 - Construction Projects › Section 24-102 - Private or Semipublic Water Supply or Sewer System in Sanitary District or Areas of Prince George's County Not in Sanitary District

(a)    (1)    A person shall obtain a permit from the Commission before the person may construct a private or semipublic water supply or sewer system for the use of at least two buildings or premises in the sanitary district or areas of Prince George’s County that are not in the sanitary district.
(2)    The person shall pay to the Commission a reasonable permit fee.
(b)    (1)    The private or semipublic water supply or sewer system shall be installed, maintained, and operated under regulations that the Commission adopts.
(2)    The owner or operator of the system shall pay to the Commission a reasonable supervision and inspection fee that the Commission sets.
(c)    If an owner or operator of a private or semipublic water supply or sewer system fails or refuses to correct, maintain, or operate the system in compliance with the requirements of the Commission, the Commission may:
(1)    make the correction or take over the operation of the system for the period necessary; and
(2)    collect the costs for the correction or operation from the owner or operator.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 24 - Plumbing, Waterworks, and Sewer Construction › Subtitle 1 - Construction Projects › Section 24-103 - Hookup to Commission Water or Sewer Service Line

(a)    (1)    A person shall obtain a permit from the Commission before the person may make a hookup with a water or sewer service line that the Commission constructs or maintains.
(2)    A hookup shall be made under the conditions that the Commission authorizes.
(b)    To prevent or eliminate leakage, loss of water, the unnecessary use of sewers, or other waste of water, the Commission may:
(1)    at a reasonable time, enter a building or premises that has a connection with the water supply or sewer system under the jurisdiction of the Commission; and
(2)    issue an order requiring a change in the plumbing, waterworks, or water or sewer connection that the Commission considers necessary.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 24 - Plumbing, Waterworks, and Sewer Construction › Subtitle 1 - Construction Projects › Section 24-105 - Plumbing Installation in Prince George's County

(a)    (1)    In those parts of Prince George’s County that are not in the sanitary district, the Commission’s plumbing regulations:
(i)    apply to plumbing installations that began on or after June 1, 1965; but
(ii)    do not apply to plumbing installations that existed on July 1, 1965.
(2)    (i)    The owner of the property where plumbing installations existed on July 1, 1965, is not required to change the plumbing until water or sewer service is obtained from a Commission system.
(ii)    If water or sewer service is obtained from a Commission system, this section and the Commission’s regulations apply to the property and the plumbing as if the property were in the sanitary district.
(b)    (1)    The Commission may enter into an agreement with Prince George’s County under which the county will issue the necessary permit and perform the necessary inspection for and in the name of the Commission in those areas that are not in the sanitary district, if the agreement provides that the plumbing regulations of the Commission will be applied.
(2)    This subsection or an agreement entered into under this subsection does not affect the power of the Commission:
(i)    to adopt regulations to install plumbing in Prince George’s County as the Commission considers necessary for the public health; or
(ii)    to regulate public and semipublic water supply and sewer systems under this section and § 24–102 of this subtitle.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 24 - Plumbing, Waterworks, and Sewer Construction › Subtitle 1 - Construction Projects › Section 24-106 - Plumber/gasfitter's Licenses

(a)    (1)    Subject to § 12–305 of the Business Occupations and Professions Article, only the Commission may issue licenses to persons to work in the plumbing business in areas of Montgomery County or Prince George’s County under the jurisdiction of the Commission.
(2)    License fees may not exceed the fees set in the Maryland Plumbing Act.
(3)    The Commission shall exercise the authority of the State Board of Plumbing in areas under the jurisdiction of the Commission.
(b)    (1)    A person holding a valid master plumber/gasfitter license or a journeyman plumber/gasfitter license issued by the Commission is entitled to an equivalent license issued by the State Board of Plumbing without examination on presentation of:
(i)    the license issued by the Commission; and
(ii)    a notarized statement of good standing issued by the Commission.
(2)    A person holding a valid master plumber/gasfitter license or a journeyman plumber/gasfitter license issued by the State Board of Plumbing is entitled to an equivalent license issued by the Commission without examination on presentation of the license issued by the State Board of Plumbing.
(c)    A license issued to a master plumber/gasfitter or a journeyman plumber/gasfitter in good standing under a reciprocity arrangement by the State Board of Plumbing and the Commission before July 1, 1978, remains in force.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 24 - Plumbing, Waterworks, and Sewer Construction › Subtitle 1 - Construction Projects › Section 24-107 - Compliance With Detectable Wire Requirements for Connections to Water Supply or Sewerage Systems

Any new or replacement piping that is buried or installed for the purpose of connecting a building to a water supply system or a sewerage system shall comply with the requirements of § 12–129 of this article.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 24 - Plumbing, Waterworks, and Sewer Construction › Subtitle 2 - Sewer Cleaning and Sewage Leaks › Section 24-201 - Sewer Cleaning Generally

(a)    (1)    In this section, “sewer cleaning” means the cleaning or clearing of and the removal of stoppages or obstructions in sanitary sewer lines, pipes, and fixtures.
(2)    “Sewer cleaning” does not include any installation, maintenance, extension, removal, or alteration of any pipe, sanitary fixture, or other sewer apparatus.
(b)    This section may not be construed to:
(1)    require a person to have a sewer cleaner’s license to clean a sewer on the person’s own property;
(2)    prevent a person from cleaning a sewer on the person’s own property; or
(3)    apply to or prohibit the cleaning by any person of a sewer or sanitary fixture of any dwelling, commercial or industrial establishment, or premises owned or operated by the person.
(c)    The Commission shall adopt and enforce regulations governing sewer cleaning in sanitary sewer lines, pipes, and fixtures connected to the Commission’s sanitary sewer system.
(d)    (1)    (i)    To qualify for a sewer cleaner’s license, a person need not be a master plumber.
(ii)    A sewer cleaner’s license does not authorize the licensee to engage in the plumbing business other than sewer cleaning.
(2)    The Commission:
(i)    shall require that a person other than a licensed master plumber who is engaged in or represents the person to the public as engaged in sewer cleaning be licensed by the Commission;
(ii)    may require a bond of the licensee to insure compliance with and adherence to the regulations adopted by the Commission;
(iii)    may establish qualifications and examine applicants concerning their competency and qualifications for a license under this section; and
(iv)    may require a reasonable fee for the issuance and renewal of a license in an amount not more than one–half of the fee charged for a master plumber’s license.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 24 - Plumbing, Waterworks, and Sewer Construction › Subtitle 2 - Sewer Cleaning and Sewage Leaks › Section 24-202 - Notice Requirements

(a)    Within 24 hours of the discovery of a leak in a sanitary sewer line, pipe, or fixture that is connected to the sanitary sewer system of the Commission, the Commission shall:
(1)    notify the county and any municipal corporation in which the sewage leak is located about:
(i)    the sewage leak; and
(ii)    the Commission’s intended action concerning the sewage leak; and
(2)    include the following on the Commission’s Web site:
(i)    notice to the general public about the sewage leak; and
(ii)    the phone number for obtaining additional information from the Commission.
(b)    The Commission shall adopt regulations to implement this section.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 24 - Plumbing, Waterworks, and Sewer Construction › Subtitle 2 - Sewer Cleaning and Sewage Leaks › Section 24-203 - Posting Requirements for Sewage Leaks

(a)    In this section, “public access point” includes a parking lot, playground, picnic area, boat launching ramp, or park.
(b)    Within 24 hours after a leak is reported, the Commission shall post warning signs at each public access point to a waterway that becomes contaminated by a leak in a sanitary sewer line, pipe, or fixture that is connected to the sanitary sewer system of the Commission.
(c)    A warning sign posted under this section shall include:
(1)    the source and date of discovery of the leak; and
(2)    the contact information, including a telephone number, of the Commission for members of the general public to use for obtaining additional information.
(d)    The Commission:
(1)    shall post the warning signs downstream from the leak in accordance with regulations adopted by the Commission; and
(2)    is not required to post any warning sign upstream from a leak.
(e)    The Commission shall adopt regulations to implement this section, including regulations concerning:
(1)    the minimum distance from the source of a leak within which warning signs must be posted; and
(2)    the form and content of the warning signs.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 1 - In General › Section 25-101 - Nonuniform Conditions for Service

(a)    In this section, “industrial user” means:
(1)    an industry identified in the category “Division D – Manufacturing” of the North American Industry Classification System developed by the United States Office of Management and Budget; or
(2)    any industry in another class of significant waste producers that the Commission establishes by regulation.
(b)    Notwithstanding any other provision of this subtitle or Subtitles 3 through 5 of this title that requires a regulation, rate, or charge to be uniform throughout the sanitary district, if the Commission determines that in any area of the sanitary district the conditions for service from any of its systems, including the cost of instituting and maintaining the service, are substantially different from the conditions for service generally in the sanitary district, the Commission may define the area as a subdistrict and adopt a different regulation, rate, or charge to apply in that subdistrict.
(c)    Notwithstanding any other provision of this subtitle or Subtitles 3 through 5 of this title that requires a regulation, rate, or charge to be uniform throughout the sanitary district, if the Commission determines that conditions for service from any of its systems, including the cost of maintaining and operating the systems, to a property occupied by an industrial user are substantially different from the conditions for service generally in the sanitary district, the Commission may adopt regulations and set higher rates or charges or adopt more restrictive usage regulations for industrial users.
(d)    Before adopting any different regulation, rate, or charge under this section, the Commission shall:
(1)    publish notice of the proposed modification in at least one newspaper of general circulation in each county of the sanitary district; and
(2)    hold a public hearing on the necessity or advisability of a modification of the regulation, rate, or charge.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 1 - In General › Section 25-102 - Applicability of Other Laws or Regulations

Except as provided in Subtitle 2 of this title, any law or regulation that applies in the sanitary district shall apply to any property for which the front foot benefit charge or ad valorem tax is suspended or exempted.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 1 - In General › Section 25-103 - Ad Valorem Tax -- Areas Without Tax

(a)    The intent of this section:
(1)    is to declare the effect of the Acts of the General Assembly that have added area or property to the sanitary district on the conditions provided in this section; and
(2)    is not to amend any of the conditions established by these Acts.
(b)    Until the Commission begins, extends, or acquires a water or sanitary sewer system in an area or property added to the sanitary district and makes water or sewer service available to the properties in the area:
(1)    the Commission may not seek the imposition of an ad valorem tax on that area or property; and
(2)    the area or property added to the sanitary district is included in the sanitary district for all purposes of this division, except as a taxing district.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 1 - In General › Section 25-104 - Modification of Rate, Charge, Tax, or Assessment -- Notice and Hearing

If the Commission determines that it is necessary or advisable to modify an existing rate, charge, or assessment, the Commission shall:
(1)    publish notice of the proposed modification in at least one newspaper of general circulation in each county of the sanitary district; and
(2)    hold a public hearing on the necessity or advisability of the proposed modification.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 1 - In General › Section 25-105 - Appeals to Public Service Commission

(a)    (1)    An appeal to the Public Service Commission  of the reasonableness of any rate, charge, or assessment of the Commission may be taken by:
(i)    an individual who has a financial interest in the appeal; or
(ii)    the county council of Montgomery County or Prince George’s County.
(2)    Under regulations of the Public Service Commission, on appeal under paragraph (1) of this subsection, the Public Service Commission shall determine the reasonableness of the rate, charge, or assessment of the Commission.
(b)    An appeal under this section shall be taken by filing a written complaint within 30 days after the date on which the Commission set the rate or fixed the charge or assessment.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 1 - In General › Section 25-106 - Refunds

(a)    Except for assessments and benefit charges authorized by Subtitle 2 of this title, this section applies to any fee or charge imposed by the Commission.
(b)    (1)    A person may file a written claim with the Commission, in a form and containing the information and supporting documents required by the Commission, for a refund of the amount of a fee or charge the person paid to the Commission that exceeds the amount that is properly and legally payable.
(2)    If the property for which the fee or charge was paid has been transferred to a new owner after the payment, the new owner may file the claim for the refund.
(c)    (1)    On the receipt of a claim for a refund under subsection (b) of this section, the Commission shall investigate the merits of the claim.
(2)    On the request of the claimant, the Commission, or the Commission’s designee, shall hold a hearing on the claim.
(3)    A claim shall be disallowed unless it is filed within 3 years after the date of the payment for which the refund is requested.
(4)    The Commission shall pay interest on any amount refunded under this section, calculated at the rate of 6% per year, starting 180 days from the date the claim was made.
(d)    If the Commission fails to reach a final decision on a claim within 180 days after the date the claim is filed, the failure shall be deemed a final rejection of the claim.
(e)    Within 30 days after the date of final action by the Commission on a claim for a refund filed under subsection (b) of this section, a petition for judicial review may be filed with the circuit court as provided in Title 7, Chapter 200 of the Maryland Rules.
(f)    Notwithstanding any other provision of this section, the Commission may refund a payment that the Commission determines was paid in excess of the amount that was properly and legally payable, whether or not the person who made the payment files a claim for a refund.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 2 - Benefit Charges › Section 25-202 - Declaration of Benefit

The construction, acquisition, replacement, or enlargement of, or the installation of a service connection to, a water main or sewer benefits each property that abuts on, is connected to, or is served by the water main or sewer.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 2 - Benefit Charges › Section 25-203 - Classification of Property

(a)    To impose a benefit charge for the construction of a water supply or sewer system, the Commission shall classify each property that abuts on a street, road, lane, alley, right–of–way, or easement in which a water main or sewer line is to be laid as:
(1)    agricultural;
(2)    industrial or business;
(3)    institutional;
(4)    multiunit business;
(5)    multiunit residential;
(6)    residential subdivision; or
(7)    small acreage.
(b)    The classification of a property by the Commission is final, subject only to revision:
(1)    at a hearing under § 25–204(a) of this subtitle; or
(2)    by the Commission if the use of the property changes.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 2 - Benefit Charges › Section 25-205 - Exemption or Suspension of Benefit Charge

(a)    (1)    The Commission may not impose a front foot benefit charge on:
(i)    property owned by the State, a county, or a municipality;
(ii)    property in the sanitary district that is connected to or authorized by the Commission to be connected to a water or sewer system operated by:
1.    a municipality; or
2.    a water or sewer company under the jurisdiction of the Department of the Environment;
(iii)    property owned by a regularly organized volunteer fire department that is used for public purposes; or
(iv)    subject to paragraph (2) of this subsection, property classified as agricultural that is actually used for farming purposes, unless a connection is made to a water main or sewer running through or adjacent to the property.
(2)    The Commission may impose a reasonable front foot benefit charge on property classified as agricultural, which may not exceed the charge for 300 feet of front footage.
(b)    The Commission may suspend the imposition and collection of a front foot benefit charge:
(1)    with respect to a sewer line, for property otherwise subject to a front foot benefit charge that the Commission determines cannot obtain service from the sewer pipe on which the benefit charge would be based;
(2)    for construction of a water main if the owner of the property that is otherwise subject to the benefit charge is not permitted to connect to the water main because of a finding:
(i)    by the Commission that there is no sewer and the extension of an improved sewer system is not reasonably feasible; and
(ii)    by a county health department that a septic system would not be approved for the disposal of the water for which the connection is requested; or
(3)    if the property that is otherwise subject to the front foot benefit charge for a water main or sewer has a preexisting residential dwelling that is served by a well or septic system, until the property owner requests service from the water main or sewer.
(c)    (1)    If a property is exempt from front foot benefit charges or if the Commission has suspended front foot benefit charges for a property and the property is no longer eligible for the exemption or suspension, the Commission shall:
(i)    classify the property in accordance with § 25–203 of this subtitle; and
(ii)    impose a front foot benefit charge at a rate and for a period of time equal to that of property that was originally classified or for which the Commission imposed benefit charges in the year of the suspension.
(2)    The Commission shall use money from front foot benefit charges imposed on property under paragraph (1) of this subsection to:
(i)    amortize bonds issued to construct water mains and sewers for which benefit charges were imposed under this subtitle; or
(ii)    construct other water mains and sewers for which benefit charges are imposed.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 2 - Benefit Charges › Section 25-206 - Connection to Nonabutting Water Main or Sewer

(a)    This section applies only to a property owner:
(1)    whose property does not abut a water main or sewer; and
(2)    who has not previously paid a benefit charge for the construction of the water main or sewer.
(b)    The Commission:
(1)    shall allow a property owner to connect to a nonabutting water main or sewer;
(2)    shall classify the property and impose a front foot benefit charge to be paid by the property owner at the rate and for the same number of years as though the property abutted on a water main or sewer constructed in the year in which the connection is made;
(3)    when the connection is made, shall place the property owner in the same position as to all charges, rates, and benefits as if the property abutted on a newly constructed water main or sewer;
(4)    if a water main or sewer abutting on the property is subsequently constructed, may require the property owner to connect to the abutting line and discontinue service from the nonabutting line; or
(5)    while the property is in the same classification as when the nonabutting connection was made, shall allow the prior imposition of a front foot benefit charge to stand and may not impose a front foot benefit charge for the new abutting water main or sewer.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 2 - Benefit Charges › Section 25-207 - Remote Area Connection

(a)    In this section, “cost of construction” includes the cost of connecting a water main or sewer to the Commission system.
(b)    If a property owner applies for a water main or sewer in an area in which the Commission determines service is not economically feasible unless the applicant makes a substantial contribution to the cost of construction of the water main or sewer, the Commission may classify the applicant’s property together with adjacent or adjoining properties that could be readily served by the construction required by the applicant as a remote area.
(c)    The Commission may construct the water main or sewer after:
(1)    approving the application;
(2)    receiving payment from the applicant of the contribution necessary for the cost of construction; and
(3)    imposing the required front foot benefit charge.
(d)    (1)    The Commission may contract with the applicant at the time of the contribution to refund part or all of the contribution from any front foot benefit charges imposed on the property for the water main or sewer subsequently constructed by the Commission and served through the lines of the applicant in the remote area.
(2)    The Commission shall determine the proportion of the contribution to be refunded and the maximum time of repayment, not to exceed 10 years.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 2 - Benefit Charges › Section 25-208 - Acquisition of System

When the Commission acquires an existing water or sewer system other than a municipal system, the Commission may impose a front foot benefit charge less than the uniform front foot benefit charge required in § 25–204 of this subtitle if:
(1)    the construction cost of the system has been added, wholly or partly, to the purchase price of the property that abuts on the system; and
(2)    the addition of the construction cost is a factor in the cost of the system to the Commission.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 25 - Rates and Charges › Subtitle 2 - Benefit Charges › Section 25-209 - Connection Benefit Charge

(a)    A water or sewer connection benefit charge imposed by the Commission under this section is in addition to a benefit charge imposed under any other section of this subtitle.
(b)    (1)    (i)    When a benefit charge or portion of a benefit charge for a water main or sewer connection is made payable on an installment basis as provided in § 25–304(b) of this title, the deferred amount and interest shall be paid by an annual benefit charge in an amount and for the period of years necessary to amortize the account.
(ii)    Property subject to a benefit charge imposed under this section is subject to the benefit charge until payments have amortized the charge, including accrued interest.
(2)    The Commission shall allow a property owner subject to a benefit charge for the deferred portion of a connection benefit charge to extinguish the account by paying the principal and interest due up to the time of payment.
(c)    If a federal, State, county, or other governmental unit or municipality acquires property for public use that is subject to a benefit charge under this section, the benefit charge shall be paid and extinguished as provided in § 25–212 of this subtitle.
(d)    A benefit charge imposed under this section shall be collected as provided in § 25–214 of this subtitle.
(e)    To implement this section, the Commission may:
(1)    include in the sale of bonds the cost of making service connections that are paid on an installment basis; and
(2)    use any funds obtained from the sale.