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.
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.
(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.
(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
(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.
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
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:
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.
E.
Collection of assessments.
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.
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.
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.
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.
C.
Basis for industrial cost recovery charge.
(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.
E.
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:
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.
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.
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.
E.
Connection charge for new lots where service not currently
available.
(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.
(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.
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.
E.
Not exempted from debt service charges; exception.
(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.
