Action Processes

To qualify for the administrative process, a category change request must satisfy the requirements of one of several individual service policies in the County's Water and Sewer Plan:

• Consistent with Water and Sewer Plan policies and master plan recommendations
• Intended to relieve a public health problem for a single property resulting from a failing well and/or septic system
• Seeking public service for single properties that abut and predate an existing or approved water or sewer main
• Seeking public service for government buildings and facilities
• Seeking the approval of large-capacity (multiuse) on-site systems, typically for commercial or institutional uses

To complete the administrative process review, DEP staff develop recommendations on the case and must get the concurrence of the Montgomery County Planning Board and the individual members of the County Council. DEP conducts four administrative hearings each year.

Application requests that go through the administrative process are reviewed as follows:

1. DEP provides a notice of the public hearing to State and County agencies at least 30 days in advance of the hearing date. DEP also publishes a notice of the hearing in The Sentinel, at least 10 days prior to the hearing. (These notices satisfy the State’s requirements for the hearing process.)
2. DEP provides hearing notices to each of the category change request applicants via email.  In addition, DEP mails postcards announcing the administrative hearing date to all property owners next to and adjoining and confronting the request site, and to civic organizations registered with the County in the vicinity of the request site. The  Montgomery County Planning Board meets to consider Planning Department staff recommendations on the administrative applications, accept testimony, and approve a recommendation to the DEP Director. 
3. DEP holds an administrative public hearing at which time questions can be answered and testimony (verbal or written) is accepted for the applications in that administrative group.
4. When the hearing record is closed and all public testimony has been taken into consideration, applications that may be approved administratively are recommended to the Director of the Department of Environmental Protection as amendments to the Water and Sewer Plan.  County Council staff notify DEP concerning the concurrence of the individual Council members with the proposed administrative action.
5. The Director reviews the recommendations and finalizes the administrative action. 
6. All interested parties are notified of the amendments.
7. The Maryland Department of the Environment (MDE)  is notified of the amendments and has an initial 60-day review period, with options for two 45-day extensions. MDE then notifies DEP of its concurrence with or disapproval of the administrative action.

Note that administrative approval of each request application requires the concurrence of the Planning Board as a body, each of the nine Council members, and the DEP Director. DEP defers applications lacking this concurrence to the County Council for consideration.

How to Prepare for Your Public Hearing

Review the DEP staff recommendation and staff report made available to you for your case. Contact DEP staff if you have any questions. You may submit written testimony about your application to the Director of the Department of Environmental Protection, 255 Rockville Pike, Suite 120, Rockville, MD 20850. All testimony must be submitted before the hearing record closing date.

The closing date for each public hearing is provided in the hearing notice provided by DEP. Hearings held at DEP’s offices are accessible to handicapped individuals. Interpreter services for hearing impaired citizens may be guaranteed subject to at least five business days notice.

For further assistance, contact DEP staff in the Water Supply and Wastewater Policy Group:

• Alan Soukup at  alan.soukup@montgomerycountymd.gov or 240-777-7716

Category change requests for the County Council’s consideration typically include applications that are:

• Recommended for denial because of their inconsistency with water and sewer service policies and/or master plan service recommendations
• Recommended for deferral of the Council's action, usually for the completion of another decision process, such as a master plan update, special exception application, or Water and Sewer Plan policy issue
• Found to have some level of controversy involved, which may result from some aspect of providing water or sewer service or another related issue such as the proposed site development
• Found to have significant differences between agency recommendations
• Needed to address an area-wide public health problem resulting from failing wells and/or septic systems

Application requests that go through the County Council are reviewed as follows:

1. DEP plans for two  County Council sessions  each year—one in the spring and one in the fall. 
2. DEP provides recommendations for each request application for the County Executive’s consideration, then transmits the Executive’s recommendations to the County Council.  Council and DEP staff provide public notifications of the Council’s public hearing.
3. Council staff assembles a packet of water and sewer category requests with staff recommendations, Planning Board recommendations, the executive branch's recommendations, and any public testimony. This packet is given to the County Council, which then formally establishes a public hearing date. 
4. The County Council holds the public hearing of which State and County agencies are notified at least 30 days in advance. DEP will also provide hearing notices to the applicants and other interested parties.
5. The  Planning Board  also meets to hear public testimony on the Council-bound applications, ask any questions, and prepare a recommendation for the County Council's Transportation, Infrastructure, Energy, and Environment (T&E) Committee meeting. 
6. The County Council's T&E Committee reviews the applications and offers its recommendations in the form of a draft resolution to the full Council for consideration. (This typically occurs two to four weeks after the public hearing.) 
7. The County Council meets in full session to review the applications, testimony, and recommendations from all agencies and committees and votes on the draft resolution (typically two or three weeks after the committee meeting). 
8. A final resolution is put together for the Council. (This takes one week.)
9. All interested parties are notified of the resolution by email.
10. The resolution is sent to the  Maryland Department of the Environment  for review and final approval. MDE has an initial 60-day review period, with options for two 45-day extensions.

How to Prepare for Your Public Hearing

Council hearings are held at The Council Office Building (COB), located at 100 Maryland Ave., between Fleet St. and E. Jefferson St. (Route 28), in Rockville. Parking in the adjacent COB Garage is free after 6:00 p.m.

To testify at the public hearing, please call the Council Office at 240-777-7803 in advance of the hearing. Do not call DEP to sign up to testify. Council office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. If time permits, those who have not already reserved a spot on the speakers' list may be heard at the end of the hearing; give your name to the Council Secretary when you arrive. You may cede your time to another speaker; however, you must be present at the hearing to do so.

The Council's Transportation and Environment Committee usually conducts Water and Sewer Plan hearings. An individual's time is usually limited to three (3) minutes; Council members may ask subsequent questions of the speakers. When testifying, please state your name and address for the hearing record. To present written copies of your testimony at the hearing, please bring at least three (3) but preferably 12 copies, and provide them to the Council secretary before the hearing begins.

Because of limitations both on the number of speakers and their speaking time, the Council also accepts written testimony, which becomes part of the official hearing record, and is given the same consideration as oral testimony. Call the Council Office to confirm the closing date for the hearing record. Address written testimony as follows:

Montgomery County Council
100 Maryland Avenue
Rockville, Maryland 20850
Phone: 240 777-7910
Fax: 240 777 7888
Email:  county.council@montgomerycountymd.gov

You can view the dates of category change request hearings, set by Council staff, on the County Council website ( check the Council Agenda and the Committee Agenda). The Council staff packet of information for both upcoming and past meetings is available under Packets and Meeting Summaries. The Public Participation section of the County Council website provides detailed information about the application process and how to participate. For additional information, call the Council Office at 240-777-7900; staff there will send you the appropriate information. DEP staff can also help with background material and information.