The policy on the allocation of water supply and sewerage treatment
capacity was adopted on June 28, 1994.
A.
Title 9, Subtitle 5 (Environment Article), of the Annotated Code
of Maryland, enables County comprehensive water and sewerage plans
to provide for the orderly expansion of community and multi-use water
supply and sewerage systems in a manner consistent with applicable
County and local comprehensive plans. The statutory authority and
regulatory requirements, as codified in the Code of Maryland Regulations
(COMAR) 26.03.03, provide the basis for the establishment of allocation
policies for water supply and sewerage services.
B.
Further, the Charles County Commissioners recognize the value of
such a policy and that this water supply and sewerage allocation policy
is adopted in the best interest of the County. The water and sewer
allocation policy presented herein is designed to:
(1)
Provide for public knowledge regarding available capacity in public
water and wastewater facilities;
(2)
Establish a procedure for fair and equitable allocation of available
capacity for public water and wastewater systems in such a manner
as to protect the public health, safety, comfort, welfare, and water
quality of the County;
(3)
Establish a method by which available capacity is calculated and
allocated, and to assure that adequate capacity is available over
time;
(4)
Establish the priority by which available water and wastewater capacity
is apportioned;
(5)
Responsibly plan for the future growth of Charles County in accordance
with the County's land use and growth management goals and objectives,
as established in the Comprehensive Plan;
(6)
Wisely manage Charles County's water supply and sewerage treatment
resources and to prevent the depletion of underlying water-bearing
aquifers or the over-commitment of available sewer treatment capacity;
and
(7)
Provide for the administrative procedures, and guidance for the allocation
of water and sewer service in a reasonable, fair, and equitable manner.
A.
The following policy applies to all multi-use water supply and distribution
systems and wastewater collection and treatment facilities owned,
operated, and maintained by the Charles County Commissioners or for
which the County acts as controlling authority. These include the
following systems:
B.
The Charles County Commissioners may incorporate future public water
supply and sewer systems into this policy upon their dedication to
the County. However, such systems should be consistent with the policies
and intent of the Comprehensive Plan.
A.
An allocation shall be required for any project within a designated
County water supply or sewerage service area, which requires public
water or sewer treatment or both.
B.
An allocation may be made only if facilities are in-place, under
construction, shown in the current CIP program, or bonded for construction.
C.
The County Commissioners have determined that it is in the best interest of the citizens of Charles County that allocation targets for available capacity be established for each water or sewer system subject to these regulations. These allocation targets are beneficial to the County and assure that the County does not over-allocate its water and wastewater resources. These allocation targets are established as part of this policy and contained in Appendix J[1] for all water supply and sewerage treatment systems owned,
operated, and maintained by the Charles County Commissioners. These
targets may not be exceeded by the operating agencies of the County.
Allocation may not be made for a system under moratorium.
(1)
On August 1 of each calendar year, the chief officials of the Charles
County Departments of Planning and Growth Management and Public Works,
and the Environmental Health Division of the County Health Department
may submit a recommendation to the County Commissioners to amend these
allocation targets as shown in Schedule A. The recommendations may
also provide additional data concerning the available capacities for
each system subject to this policy. Recommendations on whether a moratorium
should be established, maintained, or under what conditions a moratorium
should be lifted may also be made. These recommendations should be
made in conformance with existing County ordinances and regulations
and provide for the continued health, safety, welfare, and comfort
of the citizens of Charles County. Upon receipt of these recommendations,
the County Commissioners determine if an amendment to this water supply
and sewerage treatment allocation policy is in the best interest of
the citizens of Charles County. If an amendment is warranted, the
County Commissioners will conduct a public hearing on the matter as
part of the County's regular February 15 water and sewer plan
amendment cycle.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
D.
The County Commissioners, upon adoption of this policy, establish
a bulk allocation system for the apportionment of water and sewer
capacity. It is the intention of the County Commissioners to allocate
capacity for multi-use water supply and sewerage systems under their
ownership, operations, or maintenance. Capacity amounts are allocated
based on the "available capacity" of that system as established in
Schedule A of this policy. Available capacity is segregated into discrete
amounts of reserve bulk allocations and standard bulk allocations.
Reserve bulk allocation is a discretionary percentage apportioned
by the County Commissioners, and as a guideline should not exceed
5% of total allocations. The remaining percentage of the available
capacity shall be considered bulk allocation. The County Commissioners
may, at their discretion, adjust the percentage of allocatable capacities
for residential, commercial, industrial, etc.
E.
Unless otherwise specified through a supplemental policy, allocation
of capacity shall be made on a first-come, first-served basis. Allocation
amounts may not exceed the allocation targets and guidelines as established
as Schedule A of this policy. The allocation amounts shall be based
on the operating data of the facilities. The Commissioners may not
allocate under this policy if the available capacity is 15% or less
of the rated capacity. The allocation of systems is regulated by a
supplemental policy if this is the case, which enables the County
to manage the remaining portion.
F.
Where a supplemental policy exists, or at the discretion of the County
Commissioners, the following order of priority shall be given to the
allocation of available water supply and sewerage treatment capacity:
(1)
Subject to maintaining the allocation targets as identified in this
policy, the County Commissioners may allocate water supply and sewerage
treatment capacity based on the following priority system.
(a)
Reserved bulk allocations: A discretionary amount of bulk allocation
apportioned by the County Commissioners. The Commissioners must specify
discrete amounts of allocation and specific projects. Reserved bulk
allocation is apportioned according to the following order of priority:
[1]
Failing water supply or failing septic areas within designated
service areas, including areas where service is petitioned from the
County from residents, as well as public health hazard areas as is
determined by the County Health Officer;
[2]
Affordable housing project; and
[3]
A capital improvement project listed in the County's adopted
CIP program for funding and implementation.
(b)
Standard bulk allocations: These allocations are apportioned
by the Department of Planning and Growth Management, as designated
by the County Commissioners, in the following order of priority:
[1]
Existing residential, commercial, or industrial uses abutting
distribution lines within designated service areas;
[2]
In-fill development of existing recorded lots which abut distribution
lines within designated service areas;
[3]
Commercial and industrial projects, if in conformance with the
Comprehensive Plan.
[4]
Those properties with preliminary plat approval granted by the
Charles County Planning Commission. These properties shall be designated
as "W-3" for water allocations and "S-3" for sewer allocations on
the Water and Sewer Plan maps and listed on the Charles County Allocation
Eligibility List. If applicable, capital improvement projects necessary
to provide service to these areas must be made within the first three
years of the County's adopted CIP program; and
[5]
New residential and nonresidential projects for water and sewer
allocation service for which allocation has not yet been made.
A.
An allocation shall be required for any residential, commercial,
industrial, institutional, or governmental project within a designated
service area which requires either public water or public sewer service
or both. Areas available for allocation shall be designated by at
least a "W-3" category for water service and a "S-3" category for
sewer service as shown in the Comprehensive Water and Sewerage Plan,
and its accompanying maps.
B.
The application process shall use forms provided by the County.
C.
These application forms shall include, but not be limited to, the
following information:
(1)
Location.
(2)
Specific address, plus location, description and tax and parcel numbers
for the subject property.
(3)
Name, address and telephone number of developer, builder or owner.
(4)
Type of project, with Tax Identification Number.
(5)
Area of project property in square feet and acreage.
(6)
Number of lots or units to be developed, and type of unit(s).
(7)
Phasing plan or number of units to be constructed per year.
(8)
Projected water demand (with basis for projection and connection
data).
(9)
Projected sewage flow (with basis for projection and connection data).
(10)
Date application is filed.
(11)
Signature of applicant.
(12)
Action taken (granted, conditioned, denied, amount of allocation,
number limitations, date action taken, signature of acting official,
time limitations, time extensions or other changes).
D.
The Director of Planning and Growth Management, or his designee,
is authorized to approve allocations for water supply and/or sewer
service in conformance with this policy, and in the manner established
in the Administrative Procedures for the Allocation of Water and Sewer
Capacity.
A.
A water and/or sewer allocation may be transferred from one developer
or builder to another developer or builder for the same project subject
to the same conditions and time limit as the original allocation.
A water and/or sewer allocation is granted for a specific site plan
or subdivision and may not be transferred to another project.
B.
A grant of special exception, zoning reclassification or change of
use of any project does not entitle a person, corporation or public
entity to an allocation, or an increase in a previous allocation,
of water and/or sewer capacity. If a grant of special exception, zoning
reclassification or change of use within a part of any project reduces
the water and/or sewer capacity needed for that project, the excess
allocated capacity may be transferred within the remainder of that
project but may not be transferred to another project within the service
area. Said excess allocated capacity, if not transferred within a
specific project, shall be duly allocated to the project next in line
on the priority listing.
C.
All requests for a transfer of allocation shall be made in writing
to the County with reasons given for the need for a transfer. The
County shall set appropriate fees for the transfer of water and/or
sewer allocations. The Charles County Commissioners may elect to decline
such a request for a transfer of allocation if such request is deemed
to be not in the best interest of the health, safety, welfare, or
convenience of the citizens of Charles County.
Whenever preliminary plans, site plans or other planning Commission
reviews are part of a project, an allocation will not be granted until
the plans have been approved or the review has been completed. Any
allocation granted after the adoption of this policy shall be valid
for a period of 18 months from the date granted. One extension of
time may be granted for a period not exceeding 18 additional months.
Such request for an extension of time shall be made in writing to
the County with reasons given for the need for the extension. Regardless
of the existence of a valid utility permit, an allocation becomes
void if the project for which it was granted is not available for
hook-up within the applicable time period. The County shall set appropriate
fees for the extension of time for water and/or sewer allocations.
The Charles County Commissioners may elect to decline such a request
for an extension of time if such request is deemed to be not in the
best interest of the health, safety, welfare, or convenience of the
citizens of Charles County. Any period of time attributable to County
government processing of an extension of time limit, transfer of allocation
or other change shall not be counted as part of the time limit of
the allocation.
A.
The policies pertaining to specific water supply and sewerage treatment
service areas provide additional guidelines and regulations for the
allocation of water and sewer resources. In areas where the foregoing
policy and the supplemental policy conflict, the supplemental policy
shall prevail. Supplemental Policies immediately follow this general
policy. However, the systems requiring a supplemental policy are listed
below and include:
B.
Supplemental policy: Mattawoman Sewer System. The County Commissioners
of Charles County established the following policy in the best interests
of the County. The Mattawoman Sewer Service Area corresponds to the
area delineated in the Comprehensive Plan as the Development District.
This area is planned to receive 75% of the County's future growth
by 2010. The Comprehensive Plan establishes a target growth rate of
2.5% for the Development District. Further, the County Commissioners
upon adoption of this policy do establish that:
(1)
Sewer allocations shall be approved for a target of 800 new residential
units per year, cumulatively, within the sewer service area.
(2)
Unutilized or forfeited sewer allocations may be carried over from
year to year if the eight-hundred-unit target is not reached. An unutilized
or forfeited allocation may be carried over for a maximum of three
years.
(3)
Sewer allocations for commercial, business park, or industrial zoning,
as consistent with the Comprehensive Plan and Zoning Ordinance[1] are not allocated under the policy, but under foregoing
general policy. However, the County Commissioners may, at their discretion,
add commercial, business park, or industrial uses to the residential
uses regulated by this policy.
(4)
Project allocations.
(a)
Residential sewer allocations shall be granted in the order
in which projects appear on the Water and Sewer Allocation Eligibility
List. The maximum number that any project may receive in the first
18 months and in any calendar year is as follows:
(b)
In Planned Residential Development, Mixed-Use, and Planned Mobile
Home Zones, annual allocation may be granted based on an equivalent
density. The project allotments stated above may be supplemented in
an amount not to exceed an additional 25% of the total number of units
for which the project was approved by the Planning Commission. In
no circumstances, however, may a single project receive 50% or greater
of the target allocations as set by the Commissioners for that year.
Projects shall be placed on this list in the order which they receive
preliminary subdivision or site plan approval from the Charles County
Planning Commission. If two or more projects receive preliminary approval
on the same date, the order of position shall be determined by the
order which the projects were originally submitted for review. The
list shall be maintained by the Department of Planning and Growth
Management.
(5)
Sewer allocations may be granted for single-family residential projects
containing less than six lots upon request of the property owner.
No more than 25 such lots shall be approved in any calendar year.
No individual, project, or corporation may receive allocations for
more than five lots in any two-year period under this provision.
(6)
Allocation approval process.
(a)
Before seeking approval for a sewer allocation to serve a residential
project, the applicant shall have obtained preliminary approval of
a subdivision plan or site plan from the Charles County Planning Commission
and be placed on the Water and Sewer Allocation Eligibility List.
(b)
Within one week of the effective date of this policy and each
August 15 thereafter, the Department of Planning and Growth Management
shall notify by certified mail the owners of the residential projects
on the Water and Sewer Allocation Eligibility List of their opportunity
to apply for allocations.
(c)
The Department of Planning and Growth Management shall allow
those residential projects currently on the Water and Sewer Allocation
Eligibility List 30 calendar days from the date of the notice to apply
for allocations.
(d)
The Department of Planning and Growth Management shall notify
all applicants by certified mail within 15 calendar days after the
application closing date what action has been taken on the applications.
(e)
The applicant shall have 60 calendar days from the date of notification
of approval to make a deposit of 20% of the current sewer connection
fees on lots or units for which allocation is sought. The allocation
shall be granted upon payment of the 20% deposit. Failure to pay the
deposit of 20% within the sixty-day period shall result in forfeiture
of the allocation.
(f)
Within 18 months of the date of the grant of an allocation,
the applicant (or successor or assignee) shall record the final site
plan or subdivision plat for the subject project. Failure to do so
shall cause a forfeiture of the allocation and 50% of the deposit.
(g)
At the time of final site plan or plat approval, the applicant
shall pay an amount equal to 50% of the sewer connection fees in effect
at that time for the number of lots or units recorded, less the amount
of the initial deposit. Thereafter, upon recordation of the final
subdivision plat, the allocation shall be irrevocable.
(h)
The remaining portion of the then-current sewer connection fee
shall be paid at the time the utility permit is issued for each lot
or unit. The amount of the remaining portion shall be computed based
upon the sewer connection fee in effect at the time of utility permit
application less any previous deposits.
(i)
The applicant may request an extension beyond the eighteen-month
period if he can show substantial development progress and that delays
are beyond his control and not his fault.
(j)
No application will be accepted for an allocation on a project
that has had a previous allocation forfeited until the expiration
of one year after the end of the eighteen-month period.
(k)
When an allocation is forfeited, the resultant number of units
shall be offered to those applicants whose allocation requests have
been denied during the most recent application cycle as a result of
insufficient allocations.
(l)
If an application for allocation of units within a project does
not cover all units within the project, the remaining units shall
retain the same priority as the original project for allocations in
subsequent years.
(m)
Approval of an allocation for a portion of a site plan or subdivision
project in no way assures the future availability of sewer capacity
on demand or service for lots or units other than those with approved
allocations.
C.
Supplemental policy: Cobb Island Sewer System. This policy establishes
supplemental regulations for use of the Cobb Island Sewer System and
outlines the method in which sewer allocation will be allocated for
that system. The Cobb Island Public Sewer System is an innovative/alternative
treatment process in that it is a lagoon and spray field/land application
system and therefore has specific operating parameters. This policy
is intended to address the allocation issues in the Cobb Island Sewer
Service Area.
(1)
Service area. The Cobb Island Sewer System is not to be expanded beyond its present limits, as is consistent with the Cobb Island 201 Facilities Plan. The sewer service area is further delineated on the Comprehensive Water and Sewerage Plan Maps, which reinforce the Water and Sewer Plan text. The attached Appendix A-1 illustrates the boundaries of the Cobb Island sewer service area.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
Allocation of available capacity. Effective October 3, 1996, the
County Commissioners of Charles County will be authorized to allocate
sewer connections equivalent to 27,000 gallons per day (gpd), or 118
equivalent dwelling units (EDU) for residential, and nine EDU allocations
set aside for the new Cobb Island Fire Department building. The County
Commissioners find, and the Maryland Department of the Environment
has agreed, that there is a sufficient capacity in the system to accommodate
these allocations. Therefore, it is the determination by the Charles
County Commissioners that the Cobb Island Sewer System has reached
a stable state, with all outstanding allocations being utilized. The
County has acted in good faith with the Maryland Department of the
Environment, and submits all required operational reports, and dutifully
makes improvements at the Cobb Island facility, and the facility is
operating in accordance with the NPDES Permit.
(3)
Bulk allocation system.
(a)
Allocation of sewer capacity will be made according to the following
bulk allocations. The bulk allocation system supersedes the system
found in the general policy and applies only to the Cobb Island facility.
(b)
Capacity will be allocated in the following manner:
[1]
Public health hazard, as is established by the Director of Environmental
Health, Charles County Division, Health Department. All such properties
have connected to the sewer system;
[2]
Existing residential units which are situated on recorded lots.
All such properties have connected to the sewer system or have orders
issued by the Charles County Health Department;
[3]
The remaining 20 equivalent dwelling units (EDU) of sewer allocations,
reserved for new commercial connections, have been assigned to new
residential connections. Based on a request submitted by the Cobb
Island Fire Department, the County Commissioners reserved nine EDU
allocations for a new Cobb Island Fire Department building and converted
the remaining 11 EDU allocations for residential connections.
(c)
The County Commissioners reserve the right to redistribute the
sewer allocations because of demand or in an emergency situation.
(4)
Allocation approval process.
(a)
Upon being placed on the Cobb Island Sewer Allocation List,
the PGM department will determine the specific order of allocations
and will make appropriate recommendations and be prepared to present
these in an open and public forum for the County Commissioners'
consideration if necessary and/or upon request of the applicant.
(b)
The approval process for sewer allocations will be as follows:
[1]
Prior to receiving sewer allocation, an applicant must be placed on the list. The list will be established based on criteria described in § 291-54C(4)(b)[1] through [3].
[2]
Upon meeting all the criteria under § 291-54C(4), the applicant is notified of tentative allocation approval. The applicant has 30 calendar days to pay 50% of the current sewer connection fees less the application fee [20% of the sewer connection at time of application as required under § 291.54C(4)]. Failure to pay the deposit within the thirty-day time period will result in forfeiture of the tentative allocation. Any forfeited allocation will be offered to the next property owner, or corporate entity, on the list.
[3]
The fee for commercial projects will be determined by the equivalent
meter size required for that development based on the number of fixtures.
[4]
Sewer allocations are valid for an eighteen-month period from
the date of approval; 24 months if it is commercial. A building permit
must be issued within six months of receiving the allocation; nine
months if it is commercial. The applicant must begin work for the
lot which received allocation within six months of receiving the building
permit; nine months if it is commercial.
[5]
Failure to meet any deadline will be considered as condition
to void the allocation and will also result in losing 1/2 of the paid
connection fees. Building permit review fees will not be returned.
Allocations forfeited will be granted to applicants based on their
position on the list.
[6]
After this period, the allocations will be voided and forfeited
by the applicant. The County reserves the right to re-allocate any
forfeited allocation. If a property owner or corporate entity is granted
an allocation which was forfeited, that subject property owner, or
corporate entity, must pay 50% of the current sewer connection fee
applicable at the time less any previously credited payments.
[7]
Allocations will be offered to properties that do not abut a
sewer line only after all projects that abut a sewer line that were
on the List, or those properties that were denied placement on the
List, are offered allocation.
[8]
The remaining portion of the current sewer connection fee will
be paid at the time the utility permit is issued for each lot or commercial
development.
(c)
The maximum amount of allocations which can be granted to an individual or corporate entity is equal to one equivalent dwelling unit per buildable lot as established in § 291-54C(4)(a); five EDUs if it is a commercial project located on appropriately zoned property.
(5)
Time extension. The County Commissioners reserve the right to consider
all extensions of time for issuance of a building permit as well as
the time period for commencing with the construction of the dwelling.
(6)
Cobb Island/Swan Point agreement. The interconnection with the Swan
Point facility will be regulated by the general conditions as previously
agreed to by Charles County and the Maryland Department of the Environment.
The County agrees:
(a)
To maximize the use of the Cobb Island Land Treatment System
as originally planned;
(b)
To prepare a performance report on the Cobb Island spray fields
after two years of operation to determine its actual capacity (this
requirement has been met); and
(c)
That the Cobb Island sewerage facilities are to be used up first,
up to the rated capacity of the facility. Once the capacity of the
Cobb Island Waste Water Treatment facility is fully utilized, the
Swan Point Treatment facility may be used to treat excess Cobb Island
flows. This is necessary as there are undeveloped lots in the Cobb
Island Sewer area. The Cobb Island Wastewater Treatment facilities
have a combined capacity to the existing development and new development.
Thus, the interconnection with Swan Point will be used on a regular
basis to serve new homes at full build-out of the service area in
accordance with Maryland Department of the Environment approval. In
addition, should an emergency occur such that flows will need to be
diverted from the Cobb Island facility to the Swan Point facility,
this may be done on a temporary basis only until the flows could be
accommodated at the Cobb Island facility. Whenever Swan Point is utilized
for Cobb Island sewer flows (either on a continuing basis or on an
emergency basis), such utilization will be reported to the Maryland
Department of the Environment in the monthly operating reports for
the Swan Point facility.
(7)
Transfer of allocations. A sewer allocation may be transferred from
one owner or corporate entity to another owner or corporate entity
with the same conditions and time limit as the original allocation.
An allocation is granted for a specific lot(s) and may not be transferred
to another project.
D.
Supplemental policy: Cliffton-on-the-Potomac System.
(1)
The Cliffton-on-the-Potomac sewerage system is currently under a
sewer capacity moratorium. There is insufficient treatment capacity
within the Cliffton treatment facility, and additional capacity is
not available at this time. Therefore, the County Commissioners direct
that no further allocation of sewer capacity be granted, and that
no further sewer systems be connected to the Cliffton-on-the-Potomac
system. This moratorium may be lifted upon the expansion of the Cliffton-on-the-Potomac
plant to accommodate additional sewer treatment capacity and an increase
in the rated capacity of the Cliffton plant by the Maryland Department
of the Environment. The priority of allocations will be determined
at that time.
(2)
In the interim, the Charles County Commissioners have determined
it to be in the best interest of the County to allow lots of record
in Cliffton as of October 16, 2000, to perform percolation tests.
If the property is approved for on-site sewage disposal, an on-site
sewage disposal system (OSDS) can be installed on the lot, thereby
allowing the development of the lot. The Commissioners are requiring
lots with approved OSDS to complete an interim sewer agreement. An
interim sewer agreement states that the OSDS will be used on an interim
basis and when capacity becomes available in the sewage treatment
plant, the lots will be required to connect to the sewer system and
abandon the OSDS.
(3)
Any new developed lots will be required to connect to the public
water system and will need to obtain allocations. Lot owners will
be responsible for connecting to the public water system and providing
any necessary road improvements. If the lots front a road that is
not owned by the County, there will need to be a signed agreement
stating that the road is unimproved and not in the County's transportation
plan for improvements. All other County, state, and federal regulations
still apply to the building permit process.
E.
Supplemental policy: Waldorf Water System.
(1)
The Waldorf Water System serves the most intensely developed area
of the County. This intensity of use is expected to continue into
the future. Therefore, the County Commissioners adopt this policy
with the intent of managing this resource for its long-term use. The
policy is stated as follows:
(a)
That the Waldorf Water Service Area shall not be expanded beyond
the limits of the Development District, as delineated by the Zoning
Ordinance maps,[3] or the Waldorf Water Zone, as delineated on the Water
and Sewer Plan maps. Exceptions may be made in an emergency situation
to correct a failing system.
(b)
The rated capacity of the system shall be determined by the
combined production capacity of the wells serving the Waldorf system
less the capacity of the largest producing well, divided by a peaking
factor in accordance with the Code of Maryland Regulations (COMAR)
26.03.02. The final system flow limit is the rated capacity of the
entire system or the Maryland Department of the Environment ground
water appropriation permitted amount, whichever is less. Future additional
capacity can be incorporated if the project is included in the CIP
funding program list for the next one to three years.
[1]
Further, the Department of Planning and Growth Management shall
utilize the findings of the Water and Sewer Allocation Committee dated
March 8, 1985, to calculate maximum supply, peaking factors, system
average flow limit, and final allocation limit.
[2]
A quarterly report on the status of allocation within the Waldorf
Water Service Area is available from the Department of Planning and
Growth Management.
(2)
Sewer allocations for commercial, business park, or industrial zoning,
as consistent with the Comprehensive Planning and Zoning Ordinance[4] are not allocated under the policy, but under foregoing
general policy. However, the County Commissioners may, at their discretion,
add commercial, business park, or industrial use to the residential
uses regulated by this policy.
(3)
Project allocations.
(a)
Residential water allocations shall be granted in the order
in which projects appear on the Water and Sewer Allocation Eligibility
List. The maximum number that any project may receive in the first
18 months and in any calendar year is as follows:
(b)
In Planned Residential Development, Mixed-Use, and Planned Mobile
Home Zones, annual allocation may be granted based on an equivalent
density. The project allotments stated above may be supplemented in
an amount not to exceed an additional 25% of the total number of units
for which the project was approved by the Planning Commission. In
no circumstances, however, may a single project receive 50% or greater
of the target allocations as set by the Commissioners for that year.
Projects shall be placed on this list in the order which they receive
preliminary subdivision or site plan approval from the Charles County
Planning Commission. If two or more projects receive preliminary approval
on the same date, the order of position shall be determined by the
order which the projects were originally submitted for review. The
list shall be maintained by the Department of Planning and Growth
Management.
(4)
That applicants for water service under this policy may be required
to participate in the County's fire protection, distribution
line looping, the Urban Core infrastructure enhancement program, and
the adequate public facilities provisions (when adopted), dependent
on the size of the project and location of the project within the
service area. This may require on-site improvements, as is consistent
with the best interests of the County. If a project will adversely
affect existing infrastructure, the applicant shall make all necessary
on-site and off-site improvements.
(5)
That future water resources shall be derived primarily from the Patapsco
and the Patuxent aquifers. Further, water usage of the Magothy aquifer
is restricted, except on a short-term contingency basis with the approval
of the Maryland Department of the Environment.
(6)
Existing shallow wells within the Waldorf Water Service Area are
encouraged to cease operation and to become incorporated into the
Waldorf public water system. Replacement of existing wells is permitted
within the service area.
(7)
Allocation approval process.
(a)
Before seeking approval for a water allocation to serve a residential
project, the applicant shall have obtained preliminary approval of
a subdivision plan or site plan from the Charles County Planning Commission
and be placed on the Water and Sewer Allocation Eligibility List.
(b)
Within one week of the effective date of this policy and each
August 15 thereafter, the Department of Planning and Growth Management
shall notify by certified mail the owners of the residential projects
on the Water and Sewer Allocation Eligibility List of their opportunity
to apply for allocations.
(c)
The Department of Planning and Growth Management shall allow
those residential projects currently on the Water and Sewer Allocation
Eligibility List 30 calendar days from the date of the notice to apply
for allocations.
(d)
The Department of Planning and Growth Management shall notify
all applicants by certified mail within 15 calendar days after the
application closing date what action has been taken on the applications.
Notification of potential water allocation may correspond with notification
for potential sewer allocation.
(e)
The applicant shall have 60 calendar days from the date of notification
of approval to make a deposit of 20% of the current water connection
fees on lots or units for which allocation is sought. The allocation
shall be granted upon payment of the deposit of 20%. Failure to pay
the deposit of 20% within the sixty-day period shall result in forfeiture
of the allocation.
(f)
Within 18 months of the date of the grant of an allocation,
the applicant (or successor or assignee) shall record the final site
plan or subdivision plat for the subject project. Failure to do so
shall cause a forfeiture of the allocation and 50% of the deposit.
(g)
At the time of final site plan or plat approval, the applicant
shall pay an amount equal to 50% of the water connection fees in effect
at that time for the number of lots or units recorded, less the amount
of the initial deposit. Thereafter, upon recordation of the final
subdivision plat, the allocation shall be irrevocable.
(h)
The remaining portion of the then-current water connection fee
shall be paid at the time the utility permit is issued for each lot
or unit. The amount of the remaining portion shall be computed based
upon the water connection fee in effect at the time of utility permit
application less any previous deposits.
(i)
The applicant may request an extension beyond the eighteen-month
period if he can show substantial development progress and that delays
are beyond his control and not his fault.
(j)
No application will be accepted for an allocation on a project
that has had a previous allocation forfeited until the expiration
of one year after the end of the eighteen-month period.
(k)
When an allocation is forfeited, the resultant number of units
shall be offered to those applicants whose allocation requests have
been denied during the most recent application cycle as a result of
insufficient allocations.
(l)
If an application for allocation of units within a project does
not cover all units within the project, the remaining units shall
retain the same priority as the original project for allocations in
subsequent years.
(m)
Approval of an allocation for a portion of a site plan or subdivision
project in no way assures the future availability of water capacity
on demand or service for lots or units other than those with approved
allocations.
F.
Supplemental policy: Bryans Road Water System.
(1)
The County Commissioners, upon adoption of this policy, enact a water
allocation policy for the area served or planned to be served by the
Bryans Road water system. The policy is enacted to:
(2)
Further, the County Commissioners have determined that:
(a)
The service area may not be expanded beyond the limits of the
Development District, unless such extension is necessary to correct
a public health situation.
(b)
The rated capacity of the system shall be determined by the
contained production capacity of the wells serving the Bryans Road
system minus the capacity of the largest producing well, in accordance
with the Code of Maryland Regulations (COMAR) 26.03.02.
(c)
The County Commissioners are given authority under this supplemental
policy to require interconnection of the system in an area corresponding
to the area delineated on the Comprehensive Water and Sewerage Plan
maps, which accompany this document.
(d)
The priority system established under Paragraph IV (F) shall
apply in this policy. Further, the County Commissioners are given
the authority to suspend the issuance of future service connections
for a specified period and may place the area under a water service
connection moratorium should circumstances warrant. If such section
is taken, the County Commissioners should plan, or implement plans
for future improvements to augment the systems.
(e)
The County Commissioners have determined that, in accordance
with the findings of the Bryans Road Water Study, that certain provision
should occur for the future of the system.
[1]
That a system of coordinated wells be established strategically
located in the Bryans Road area;
[2]
Water for public uses shall be derived from deep aquifers;
[3]
Water withdrawal shall not exceed the amounts stated in the
Bryans Road Water Study; and
[4]
The County Commissioners shall seek a long-term water supply
strategy for the area. These strategies, may include but are not limited
to, connection with the Washington Suburban Sanitary Commission, interconnection
with the Waldorf System, or by other alternatives.
G.
Supplemental policy: Swan Point.
(1)
Through 2006, the Swan Point Sewage Treatment Plant has been limited
by a treatment capacity of 70,000 gallons per day (gpd). A bulk sewer
allocation for the community was issued to the original developer
based on the docket 250 developer agreement to expand the treatment
plant. In 2004, the NPDES permit was expanded to accommodate proposed
growth in the Swan Point development, totaling 600,000 gpd. Allocation
of treatment capacity will be granted as a bulk sewer allocation for
the residential and commercial units within the Swan Point development
up to 530,000 gpd of capacity. Allocations of up to 70,000 gpd will
be granted to applicants outside of the Swan Point development through
the County's supplemental allocation procedures. Currently, the
plant has been upgraded to a capacity of 300,000 gpd with allocations
of up to 35,000 gpd to be granted to applicants outside of the Swan
Point development a flow factor of 230 gpd per sfd has been designated
for allocating capacity in the Swan Point sewer system.
(2)
The groundwater appropriation permit (GAP) for the Swan Point community
was amended in 2006 to 500,000 gpd. A flow factor of 230 gpd per sfd
has been designated for allocating capacity in the Swan Point Water
System.
If any section, subsection, sentence, phrase, or portion of
this chapter is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and said holding shall
not affect the validity of the remaining portion of these regulations;
it being the intent of the County Commissioners of Charles County
that this chapter shall stand, notwithstanding the invalidity of any
section, subsection, sentence, clause, phrase or portion thereof.
A.
The Charles County public effluent system is serviced by several
small treatment plants and one large treatment plant, which has a
total capacity of 20 MGD. In concurrence with water conservation provisions,
utilizing reclaimed effluent for industrial and/or outdoor use is
allowed in accordance with the following policy.
B.
A reclaimed effluent purchase agreement between the County Commissioners of Charles County (Commissioners) and the purchaser must be developed and signed for the use of Mattawoman WWTP reclaimed effluent, unless the bulk allocation requirements as described in § 291-56B(4) below are met. The Mattawoman WWTP currently discharges 10.8 MGD of reclaimed effluent during the nonpeak season (October-March), according to Charles County Department of Public Works report entitled "Wastewater flows, County-operated systems, fiscal year 2008."
(1)
Existing purchase agreements.
(a)
A reclaimed effluent purchase agreement between the County Commissioners of Charles County (Commissioners) and Panda Brandywine, L.P., was signed on September 13, 1994, for use of up to 2.7 MGD of the Mattawoman WWTP reclaimed effluent, with and expected average usage of 1.5 MGD. A sixteen-inch reclaimed effluent supply line was designed and sized to supply 3.0 MGD to transport the reclaimed effluent from the Mattawoman WWTP to the Panda Brandywine, L.P., facility located in Prince George's County, as shown in Appendix K.[1] The average usage is 0.5 MGD per Department of Public
Works report for FY 2009.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(b)
Therefore, the available reclaimed effluent supply to be allocated is 1.5 MGD (total design capacity less the average usage). Of the 1.5 MGD available to allocate, only 0.3 MGD will be for "firm" users (total design capacity less the amount granted to Panda). The remaining 1.2 MGD will be for "non-firm" users. Allocation of reclaimed effluent to firm or non-firm users will be determined based on type of use and availability. A bulk allocation of 0.010 MGD for firm users and 0.040 for non-firm users has been set aside for Prince Georges County. Please see § 291-1 for definitions on firm and non-firm users. Currently, Panda Brandywine, L.P., is actually using an average of 0.5 MGD.
(2)
Allocation of available reclaimed effluent. The Commissioners have the right to permit and construct connections to the reclaimed effluent supply line so as to make available reclaimed effluent for the Commissioners and other users. Allocations will be granted consistent with the bulk allocations as detailed in § 291-56B(4) of this chapter. All authorization of reclaimed effluent supply will require a legal agreement between the County Commissioners and the user of the reclaimed effluent. The agreement shall contain language acknowledging that the purchaser has priority over the use of the amount of reclaimed effluent per the agreement with Charles County Commissioners and that service for non-firm users may be interrupted.
(3)
Bulk allocations (priority). The available bulk allocations are determined by the agreement referenced in § 291-56 of this chapter. The Director for the Planning and Growth Management Department (PGM) will recommend to the Commissioners the bulk allocation amount as needed. The bulk allocations guidelines for distribution are as follows:
|
Bulk Allocation
|
Firm
|
Non-Firm
| |
|---|---|---|---|
|
County Commissioner/Fireflow project
|
10.00%
|
40.00%
| |
|
Commercial/industrial project
|
6.67%
|
26.67%
| |
|
Agriculture use
|
1.33%
|
5.33%
| |
|
Irrigation
|
1.33%
|
5.33%
| |
|
P.G. County
|
0.67%
|
2.67%
| |
|
Total
|
20.00%
|
80.00%
|
(4)
Allocation approval process.
(a)
Before seeking approval for allocation, the applicant shall
have approved construction drawings as issued by the County.
(b)
An allocation application must be completed by the person seeking
connection to the reclaimed effluent supply line. Detailed information
on the specific use of the reclaimed effluent and the estimated demand
will be required. Furthermore, the applicant will have to indicate
if their request is for firm or non-firm usage.
(c)
Within 15 days of receiving the application, the County shall
notify all applicants of the decision concerning the request to utilize
the reclaimed effluent.
(e)
Upon receiving notification of tentative allocation approval,
the applicant has 60 days to pay a deposit equivalent to one year's
reclaimed effluent purchase costs which will be calculated using the
reclaimed effluent demand figures provided on the application form.
For firm users, the applicant must pay a deposit equivalent to two
years' reclaimed effluent purchase costs within 60 days. The
deposit will be returned to the applicant if the reclaimed effluent
service is terminated within two years of service.
(f)
Upon payment of the deposit, a final allocation will be granted.
(5)
Termination of service.
(a)
If for any reason the owner fails to pay the necessary user and operation and maintenance fees specified under § 291-56B(7), the County may terminate service. Thirty-day notification will be provided prior to service being cut off by the County.
(b)
Users can request termination of service by notification in
writing. If the termination is completed within two years of commencing
service, the applicant will be refunded the paid deposit. This will
permit those requests that are classified as "temporary" more flexibility
in using the reclaimed effluent and discourage the use of the County's
domestic water system. This would apply to major construction projects,
temporary industrial uses, etc.
(6)
Reclaimed effluent usage fee.
(b)
The total usage fee equals the sum of the fees in Subsection B(6)(a)[1] and [2] above.
(c)
Please note that the fee in Subsection B(6)(a)[1] is subject to change on an annual basis. See the latest Fees and Charges Schedule for the current purchase fee.
(7)
Terms of allocation agreements.
(a)
Allocation of the reclaimed effluent will be good for a twelve-month
period upon which connection to the reclaimed effluent supply line
must be completed. Failure to connect within the twelve-month period
will result in forfeiture of the allocation and return of 50% of the
deposit.
(b)
A statement concerning the purchaser's priority to their
respective reclaimed effluent supply will be included in all agreements
and acknowledgment of the possibility of service being interrupted
for non-firm users.
(c)
The applicant will be required to furnish a meter, valve, backflow
preventer and other equipment in accordance with the requirements
of the County for connection to the reclaimed effluent supply line.
(d)
All pipelines constructed which are transporting the reclaimed
effluent must be marked in accordance with the requirements of the
County.
