A. 
Division into classes. Properties abutting on a street, road, lane, alley, or right-of-way in which a wastewater collection line is to be laid in a subdistrict shall be classified, as follows:
(1) 
Agricultural;
(2) 
Small acreage;
(3) 
Industrial or business; and
(4) 
Subdivision property.
B. 
Fixing and levying benefit assessment. The Sanitary Commission shall fix and levy benefit assessments on all properties in a subdistrict in accordance with the classification or subdivision of a classification.
C. 
Notice.
(1) 
The Sanitary Commission shall notify in writing all owners of the property of:
(a) 
The class into which their property falls;
(b) 
The charge determined; and
(c) 
A time and place when and where the owner may be heard.
(2) 
The Sanitary Commission shall:
(a) 
Mail the notice by registered or certified mail, return receipt requested, to the last known address of the owner;
(b) 
Serve the notice in person on any adult occupying the premises; or
(c) 
In the case of a vacant or unimproved property, post the notice on the premises.
D. 
Property classified as agricultural.
(1) 
Property classified as agricultural includes only that property classified as follows under the Zoning Ordinance:[1]
(a) 
A-1 Agricultural Districts;
(b) 
A-2 Agricultural-Conservation Districts; and
(c) 
R-1 Estate Districts that are used solely for agricultural purposes, including farming, dairying, pasturing, agriculture, horticulture, floriculture, viticulture, forestry, tree farming, animal husbandry, poultry husbandry, and the necessary accessory uses for packing, treating, or storing produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
[1]
Editor's Note: The Zoning Ordinance was amended 1-6-2004. Said amendment restructured and redesignated the Zoning Districts. See Ch. 18:1, Zoning and Subdivision Regulations.
(2) 
Property classified as agricultural does not include any property classified as follows under the Zoning Ordinance, regardless of whether the property is being used for agricultural purposes:[2]
(a) 
R-2 Suburban Residence Districts;
(b) 
R-3 Urban Residence Districts;
(c) 
R-4 Apartment Districts;
(d) 
R-5 General Residence Districts;
(e) 
B-1 Community Business Districts;
(f) 
B-2 General Business Districts;
(g) 
M-0 Controlled Industrial Districts;
(h) 
M-1 Industrial Park Districts;
(i) 
M-2 General Industrial Districts; or
(j) 
M-3 Maritime Districts.
[2]
Editor's Note: The Zoning Ordinance was amended 1-6-2004. Said amendment restructured and redesignated the Zoning Districts. See Ch. 18:1, Zoning and Subdivision Regulations.
(3) 
Property classified as agricultural does not include any parcel subdivided into lots or parcels of 25 acres (101,172 square meters) or less.
E. 
Property classified as small acreage.
(1) 
Property classified as small acreage includes any single parcel of property consisting of more than 10 acres (40,469 square meters) but not more than 25 acres (101,172 square meters) that:
(a) 
Is classified as follows under the Zoning Ordinance: R-1 Estate District, R-2 Suburban Residence District, R-3 Urban Residence District, A-1 Agricultural District, or A-2 Agricultural-Conservation District;[3] and
[3]
Editor's Note: The Zoning Ordinance was amended 1-6-2004. Said amendment restructured and redesignated the Zoning Districts. See Ch. 18:1, Zoning and Subdivision Regulations.
(b) 
Is either undeveloped or used as a park, country club, golf course, or dwelling unit site.
(2) 
Property classified as small acreage does not include any parcel subdivided into lots or parcels of 10 acres (40,469 square meters) or less.
F. 
Property classified as industrial or business. Property classified as industrial or business includes all property classified as follows under the Zoning Ordinance:[4]
(1) 
B-1 Community Business Districts;
(2) 
B-2 General Business;
(3) 
M-0 Controlled Industrial Districts;
(4) 
M-1 Industrial Park Districts;
(5) 
M-2 General Industrial Districts;
(6) 
M-3 Maritime Districts; and
(7) 
Those properties in other zoning districts that, in the determination of the Sanitary Commission, are being used for industrial or business purposes.
[4]
Editor's Note: The Zoning Ordinance was amended 1-6-2004. Said amendment restructured and redesignated the Zoning Districts. See Ch. 18:1, Zoning and Subdivision Regulations.
G. 
Property classified as subdivision property. Property classified as subdivision property includes:
(1) 
All property subdivided into parcels or lots of 10 acres (40,469 square meters) or less; and
(2) 
All property in A-1 Agricultural Districts, A-2 Agricultural-Conservation Districts, R-1 Estate Districts, R-2 Suburban Residence Districts, R-4 Apartment Districts, and R-5 General Residence Districts,[5] not classified as agricultural, small acreage, or industrial or business.
[5]
Editor's Note: The Zoning Ordinance was amended 1-6-2004. Said amendment restructured and redesignated the Zoning Districts. See Ch. 18:1, Zoning and Subdivision Regulations.
A. 
Debt service charge. To pay the principal of and interest on indebtedness incurred by the County to finance the planning, design, and construction of wastewater collection systems, the Sanitary Commission shall assess a debt service charge on each property in a subdistrict, abutting on a street, road, lane, alley, or right-of-way in which a sewer has been built, whether improved or unimproved.
B. 
Basis for charge. The debt service charge shall be based on the front footage of the property.
C. 
Minimum footage. The minimum front footage to be assessed any single lot or parcel shall be as follows:
(1) 
For property classified as agricultural: 100 feet (30.5 meters);
(2) 
For property classified as small acreage: 100 feet (30.5 meters);
(3) 
For property classified as industrial or business: 70 feet (21.3 meters); and
(4) 
For property classified as subdivision property: 60 feet (18.3 meters).
D. 
Irregularly shaped lots or parcels.
(1) 
In the case of any unsubdivided, irregularly shaped lot or parcel abutting on a road, street, lane, alley, or right-of-way in which there is or is being constructed a wastewater collection line at any point, the lot or parcel shall be assessed for the amount of front footage that the Director may determine to be reasonable and fair.
(2) 
Any two property lines with a deflection angle of less than 50 degrees shall be considered as a single property line.
(3) 
For circular property lines, assessment may be based on a chord length.
(4) 
Typically, irregular lots shall be assessed based on the total front footage divided by the number of property sides fronted.
(5) 
Notwithstanding Subsection D(4) of this section, all properties classified as agricultural, small acreage, and industrial or business, and all properties with an acreage in excess of five acres (20,234 square meters) will normally be assessed for the entire front footage.
E. 
Collection of assessments.
(1) 
The first payment shall be collected during the fiscal year in which:
(a) 
Construction of the wastewater system is completed; or
(b) 
The system is purchased or acquired.
(2) 
Bills for benefit assessments may be sent monthly or quarterly, as the Sanitary Commission may prescribe by resolution.
F. 
Industrial or business and subdivision property classifications. All lots and parcels in industrial or business and subdivision property classifications shall be assessed their full front footage even though a wastewater collection line may not extend along the full length of any boundary.
G. 
Agricultural classification.
(1) 
No land classified as agricultural shall be assessed a front-footage benefit until the sewer connection is made.
(2) 
For every connection, agricultural land shall become liable to a front-footage benefit assessment for a reasonable footage not exceeding 300 feet (91.4 meters).
A. 
Debt service charge. To pay the principal of and interest on indebtedness incurred by the County to finance the planning, design, and construction of wastewater transmission systems and wastewater treatment facilities, the Sanitary Commission shall assess a debt service charge on each property in a subdistrict abutting on a street, road, lane, alley or right-of-way in which a sewer has been built, whether improved or unimproved.
B. 
Basis for charge.
(1) 
The debt service charge shall be based on the Director's measurement or estimate of the volume and characteristics of the wastewater flow to the system from that property.
(2) 
If and to the extent that the Director determines it to be practicable to do so, the Director shall monitor flow volume and flow characteristics.
(3) 
If flow volume and characteristics cannot be monitored, the Director shall estimate these parameters on the basis of the standard engineering criteria that the Director may employ.
C. 
Minimum debt service charge.
(1) 
The Sanitary Commission shall, by resolution, prescribe a minimum flow volume and flow characteristic debt service charge for each user class.
(2) 
Notwithstanding Subsection C(1) of this section, the Sanitary Commission may not assess land classified as agricultural until the sewer connection is made.
(3) 
The Sanitary Commission may prescribe that the minimum charge for a property classified as industrial or business and occupied solely by a single dwelling unit, shall be the equivalent charge for a single dwelling unit in the subdivision property classification.
D. 
Collection of assessment.
(1) 
The first payment shall be collected during the fiscal year in which:
(a) 
Construction of the wastewater system is completed; or
(b) 
The system is purchased or acquired.
(2) 
Bills for benefit assessments may be sent monthly or quarterly as the Sanitary Commission may prescribe by resolution.
A. 
Assessment of user charge. To provide funds for operating, maintaining, repairing, and administering a wastewater system and, in the case of the Prospect Bay Wastewater Subdistrict, providing funds for an operating/replacement reserve, the Sanitary Commission shall assess a user charge on each property in a subdistrict served or benefited by the system.
B. 
Basis for user charge.
(1) 
The user charge shall be based on the Director's measurement or estimate of the volume and characteristics of the wastewater flow to the system from that property.
(2) 
If and to the extent that the Director determines it to be practicable to do so, the Director shall monitor flow volume and flow characteristics.
(3) 
If flow volume and flow characteristics cannot be monitored, the Director shall estimate these parameters on the basis of such standard engineering criteria that the Director may employ.
(4) 
Costs directly associated with monitoring flow volume or flow characteristics of a particular user may be levied as a surcharge against that user.
C. 
Minimum user charge.
(1) 
The Sanitary Commission shall, by resolution, prescribe a minimum flow volume and flow characteristic user charge for each user class.
(2) 
Notwithstanding Subsection C(1) of this section, the Sanitary Commission may not assess land classified as agricultural until the sewer connection is made.
(3) 
The Sanitary Commission may prescribe that the minimum charge for a property classified as industrial or business, and occupied solely by a single dwelling unit, shall be the equivalent charge for a single dwelling unit in the subdivision property classification.
D. 
Collection of user charges.
(1) 
The first payment shall be collected during the fiscal year in which:
(a) 
Construction of the wastewater system is completed; or
(b) 
The system is purchased or acquired.
(2) 
Bills for user charges may be sent monthly or quarterly, as the Sanitary Commission may prescribe by resolution.
E. 
Allowance for slow payment and bad debts. In the Prospect Bay Wastewater Subdistrict, an allowance for slow payments and bad debts may be included as part of the cost of operating, maintaining, repairing, and administering the system.
A. 
Applicability. This section applies only to the Kent Narrows/ Stevensville/ Grasonville Wastewater Subdistrict.
B. 
Assessment of industrial cost recovery charge.
(1) 
To recover that portion of any grant from the United States Environmental Protection Agency attributable to the wastewater flow of an industrial user, the Sanitary Commission shall assess an industrial cost recovery charge against each industrial user in a subdistrict benefited by such a grant.
(2) 
The industrial cost recovery charge is in addition to the debt service charges required by §§ 24-95 and 24-96 of this Part 3.
C. 
Basis for industrial cost recovery charge.
(1) 
The Sanitary Commission, with the advice of the Director, shall estimate:
(a) 
The total grant amount attributable to the wastewater flow of each industrial user; and
(b) 
The approximate volume and characteristics of the total annual flow attributable to each industrial user.
(2) 
The Sanitary Commission shall establish an industrial cost recovery period equal to 30 years or the useful life of the wastewater system, whichever is less.
(3) 
The Sanitary Commission shall then determine an annual industrial cost recovery charge for each industrial user based on those portions of the grant associated with flow volume and each flow characteristic for the recovery period.
(4) 
The Sanitary Commission may not include an interest component in the industrial cost recovery charge.
(5) 
If and to the extent that the Director determines it to be practicable to do so, flow volume and flow characteristics shall be monitored on a continuing basis for each industrial user.
(6) 
If flow volume and flow characteristics cannot be monitored, these parameters will be estimated by the Director on the basis of such standard engineering criteria as the Director may employ.
(7) 
Major industrial users shall be monitored at least once each year.
(8) 
Minor industrial users shall be monitored on a random basis.
(9) 
For the purposes of computing the industrial cost recovery payments, the Sanitary Commission may also deduct the estimated sanitary wastewater from the total discharge for those industrial users not excluded from the program.
(10) 
If an industrial user provides pretreatment facilities, the industrial cost recovery payment shall be based upon the wastewater characteristics following the pretreatment process.
D. 
Start of payment. The first payment shall be collected during the fiscal year in which:
(1) 
The sewer connection is made; or
(2) 
In the case of flow commitments, the flow commitment is available to the industrial user.
E. 
Duration of payment.
(1) 
Industrial cost recovery charges for a new industrial user shall:
(a) 
Begin on the date use is initiated; and
(b) 
Continue for the unexpired portion of the industrial cost recovery period or until the industrial user ceases use of the facility, whichever occurs first.
(2) 
The total industrial cost recovery charge for any new industrial user shall equal the Environmental Protection Agency grant amount covering the capacity used multiplied by the ratio of its period of use to the industrial cost recovery period.
F. 
Special account.
(1) 
The Sanitary Commission shall establish a special account in which 50% of all industrial cost recovery charges shall be retained.
(2) 
A minimum of 80% of the retained amounts, together with interest earned thereon, shall be used solely for the eligible costs of the expansion or reconstruction of wastewater facilities.
(3) 
Written approval from the Regional Administrator of the United States Environmental Protection Agency shall be obtained prior to the commitment of the retained amounts for any expansion or reconstruction.
(4) 
The remaining 20% of the retained amounts may be used for any purpose approved by the Sanitary Commission except for construction of industrial pretreatment facilities or rebates to industrial users for costs incurred by industrial users in complying with the industrial cost recovery requirements contained in this section.
G. 
Payment to Environmental Protection Agency.
(1) 
The Sanitary Commission shall return 50% of all industrial cost recovery charges for each subdistrict to the United States Environmental Protection Agency.
(2) 
This payment shall be made at annual intervals no later than four months after the end of the annual accounting period for each subdistrict.
(3) 
This payment shall include any interest earned on the federal portion of recovered funds during the preceding annual accounting period.
H. 
Deposit of funds. All funds recovered during the annual accounting period shall be deposited in interest-bearing accounts that are fully collateralized by obligations:
(1) 
Of the United States government; or
(2) 
Fully guaranteed as to principal and interest by the United States government or any agency of the United States government.
I. 
Uncollected industrial cost recovery charges.
(1) 
Uncollected industrial cost recovery charges that mature into bad debts as a result of the bankruptcy of any industrial user shall be identified, but need not be recovered from other industrial users or sources.
(2) 
The United States Environmental Protection Agency share of the charges need not be returned to the United States government as long as they remain uncollected.
J. 
Administrative costs. The funds recovered in industrial cost recovery payments shall not be decreased by the costs of collecting and administering the industrial cost recovery program, since these expenses shall be paid as part of the operation, maintenance, and administrative costs provided for in § 24-97 of this Part 3.
K. 
Exclusion. The Sanitary Commission may exclude an industrial user from the industrial cost recovery program under this section if the industrial user discharges only:
(1) 
Nonprocessed, segregated domestic wastes; or
(2) 
Wastes from sanitary conveniences.
L. 
Public works agreement.
(1) 
An industrial user may enter a public works agreement to reserve capacity in the system.
(2) 
In such cases, the industrial user shall pay the full industrial cost recovery payment allocable to the capacity reserved.
(3) 
If the industrial user exceeds its reserved capacity, it shall pay an industrial cost recovery charge calculated on the full reserved capacity plus an additional industrial cost recovery charge for use above the limits of the reserved capacity.
A. 
Applicability. This section applies only to the Kent Narrows/ Stevensville/Grasonville Wastewater Subdistrict.
B. 
Assessing connection charge. To provide funds for extending, enlarging, expanding, upgrading, and modifying a wastewater system, the Sanitary Commission shall assess a connection charge:
(1) 
On each new connection; or
(2) 
In the case of new subdivisions, on each new lot in the subdistrict.
C. 
Prescribing charge.
(1) 
The Sanitary Commission shall prescribe connection charges by user class for each of the following classifications:
(a) 
Connections made by those existing structures which existed as of an established date and which abut a wastewater collection line;
(b) 
Connections made by existing lots of record abutting a wastewater collections line; and
(c) 
Connections made or committed to new lots or expanded facilities abutting a wastewater collections line.
(2) 
The Sanitary Commission may prescribe that the connection charge for a property classified as industrial or business, and occupied solely by a single dwelling unit shall be the equivalent charge for a single dwelling unit in the subdivision property classification.
(3) 
Connection charges shall be sufficient to recover the cost of the service provided, but need not be limited to the costs for making the connections.
D. 
Time of collection. The connection charge shall be collected:
(1) 
For existing lots, at the time of connection; and
(2) 
For new lots, before final approval of a subdivision of property.
E. 
Connection charge for new lots where service not currently available.
(1) 
Connection charges for new lots may be levied even though:
(a) 
Service is not currently available to the lots; and
(b) 
The lots may be required to utilize interim facilities.
(2) 
If connection charges are collected under Subsection E(1) of this section, the connection charges shall be deposited into an escrow account until construction of wastewater facilities is initiated.
(3) 
Collection of a connection charge under Subsection E(1) of this section does not constitute a commitment by the County to provide service by a specific date.
(4) 
If service is not provided or construction of the facilities is not initiated within five years after the date of collection of a charge, the County may elect to return the connection charge, together with any accrued interest to the current property owner.
(5) 
If the connection charge is returned, the property may be assessed a new connection charge for any future facilities.
F. 
Not exempted from debt service charges; exception.
(1) 
Payment of a connection charge does not exempt a property from the debt service charges prescribed in §§ 24-95 and 24-96 of this Part 3 for the subdistrict.
(2) 
Notwithstanding Subsection F(1) of this section, if a public works agreement provides other funding arrangements for the construction of new facilities and the expansion and upgrading of existing facilities, the property or properties may be exempted from the normal debt service charges for a subdistrict as provided in the public works agreement.
A. 
Applicability. This section applies only to the Prospect Bay Wastewater Subdistrict.
B. 
Assessing connection charge. To provide funds for extending, enlarging, expanding, upgrading, and modifying a wastewater system, the Sanitary Commission shall assess a connection charge:
(1) 
On each new connection; or
(2) 
In the case of a new subdivision, on each new lot in the subdistrict.
C. 
Prescribing charge. The Sanitary Commission may prescribe that the connection charge for a property classified as industrial or business, and occupied solely by a single dwelling unit shall be the equivalent charge for a single dwelling unit in the subdivision property classification.
D. 
Time of collection. The connection charge shall be collected:
(1) 
For existing lots, at the time of connection; and
(2) 
For new lots, before final approval of a subdivision of property.
E. 
Not exempted from debt service charges; exception.
(1) 
Payment of a connection charge does not exempt a property from the debt service charges prescribed in § 24-95 of this Part 3 for the subdistrict.
(2) 
Notwithstanding Subsection E(1) of this subsection, if a public works agreement provides other funding arrangements for the construction of new facilities and the expansion and upgrading of existing facilities, the property or properties may be exempted from the normal debt service charges for the subdistrict as provided in the public works agreement.