Expedited Bill No. : =.34:l:. .-. .!.1=.2_ _ _ __
Concerning: Stormwater Management ­
Water Quality Protection Charge
Revised: 4-16-13
Draft No.
~
Introduced:
November 27,2012
Enacted:
April 16, 2013
Executive: _ _ _ _ _ _ _ __
Effective:
July 1. 2013
Sunset Date:
....!N..!..:o~n~e~
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1)
subject all properties not otherwise exempt under state law to the Water Quality
Protection Charge;
(2)
allow certain property owners to obtain a credit equal to a certain percentage of
the Charge;
(3)
exempt certain property owners that are able to demonstrate substantial financial
hardship;
(4)
provide for a phase-in of certain increases to the Charge; and
(5)
generally amend County law regarding the Water Quality Protection Charge.
By amending
Montgomery County Code
Chapter 19, Erosion, Sediment Control and Storm Water Management
Sections 19-21, 19-28, 19-29, 19-35
By adding
Chapter 19. "ErosiollAc Sediment Control and
Section 19-29A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Storm_W~t~r
Management
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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ExPEDITED
Bill No. 34-12
1
Sec. 1. Sections 19-21, 19-28, 19-29 and 19-35 are amended, and Section
19-29A is added, as follows:
19-21.
Definitions
2
3
4
5
6
7
*
*
*
[Associated nonresidential property: A nonresidential property from which
stormwater drains into a stormwater management facility that primarily
serves one or more residential properties.]
8
9
*
*
*
Impervious area
or
impervious surface:
Any surface that prevents or
10
11
significantly impedes the infiltration of water into the underlying soil,
including any structure, building, patio, [deck,] sidewalk, compacted gravel,
pavement, asphalt, concrete, stone, brick, tile, swimming pool, or artificial
turf.
Impervious surface also includes any area used by or for motor
12
13
14
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vehicles or heavy commercial equipment, regardless of surface type or
material, including any road, [road shoulder,] driveway, or parking area.
*
*
*
17
18
19
NOJ)profit organization: A corporation, foundati9n, or other legal entity that
is exempt from income taxation under Section 501(c)(3) of the Internal
Revenue Code.
20
21
*
Person:
An
individual~[,
*
*
corporation, firm, partnership, joint venture,
22
23
24
25
agency, organization, municipal corporation,]
f!
legal entity; or
f!
department,
agency, or instrument of the County or.!. [state agency, or any combination of
them] to the extent allowed
Qy
law, federal, state, or local government.
*
19-28.
*
*
-2­
*
*
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27
Inspection and maintenance of stormwater management systems.
*
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EXPEDITED BILL
No. 34-12
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(b)
Maintenance ofnew stormwater management systems.
(1)
Before issuing a sediment control penn
it
to develop any
property that requires implementation of best management
practices, the Department must require the property owner to
execute an easement and an inspection and maintenance
agreement that is binding on each later [owner[s]] owner of the
land to be served by any private stonnwater management
system.
(2)
The easement must give the County a perpetual right of access
to the stonnwater management system at all reasonable times to
inspect, operate, monitor, install, construct, reconstruct, modifY,
maintain, clean, or repair any part of the stormwater
management system [within] in the area covered by the
easement as needed to assure that the system remains in proper
working condition under approved design and environmental
standards.
The inspection and maintenance agreement must
require the owner to be responsible for all maintenance of any
completed
ESD
treatment
system
and
nonstructural
maintenance of anyon-site stonnwater management facility if
the
development
consists
of residential
property
[[or
~
[associated]
of nonresidential
property that
contains
stonnwater management facility built or retrofitted
Q.y
the
County]].
Otherwise, the
inspection and
maintenance
agreement must require the owner to be responsible forever for
all maintenance of the entire on-site stonnwater management
system, including maintaining in good condition, and promptly
repairing and restoring, each ESD practice, grade surface, wall,
-3­
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EXPEDITED Bill No.
34-12
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drain, dam and structure, vegetation, erosion and sediment
control measure, and any other protective device [forever].
(3)
The owner must record the easement and agreement in the
County land records and deliver a certified copy of each
recorded document to the Departments of Permitting Services
and Environmental Protection before the Department may issue
a completion certificate.
(4)
After the Department Issues a completion certificate for
construction of a new stormwater management facility, the
County must perform all structural maintenance on the facility
if the facility serves residential property [[or [associated] is
~
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facility built or retrofitted
Qy
the County that serves
nonresidential property]] unless the inspection and maintenance
agreement requires the property owner to be responsible for
structural maintenance of the facility.
No other person may
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perform structural maintenance on a stormwater management
facility that the County is required to structurally maintain
without the County's written consent.
(5)
Any repair or restoration and maintenance performed under this
Section must comply with each previously approved or newly
submitted plan and any reasonable corrective measure specified
by the Director of Environmental Protection.
(c)
Maintenance of existing or retrofitted stormwater management
ffacilitiesJ systems.
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(1)
The owner of a stormwater management facility that is not
subject to
subsection (b)
must perform
all
structural
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maintenance needed to keep the facility in proper working
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EXPEDITED BILL
No. 34-12
82
condition. The owner of a residential property or [associated]
f!:
nonresidential property that contains
f!:
stormwater management
facility built or retrofitted
Qy
the County, or a homeowners'
association that includes the residential property, may execute a
stormwater management easement granting the County a
perpetual right of access to inspect, operate, monitor, install,
construct, reconstruct, modify, maintain, clean, or repair any
part of the stormwater management facility [within] in the
easement as needed to assure that the facility remains in proper
working condition under approved design standards.
(2)
If the owner of a stormwater management facility grants a
stormwater management easement to the County, the owner
must make any structural repairs needed to place the facility in
proper working condition, as determined by the Department of
Environmental Protection, before the County enters into an
inspection and maintenance agreement with the owner that
[obligates] makes the County [to assume responsibility]
responsible for structural maintenance of the facility. After the
owner and the County have agreed that the County will [assume
responsibility] be responsible for structural maintenance of the
facility, the owner must record in the County land records the
easement and any other agreement executed in conjunction with
the easement that binds any later owner of the land. The owner
must deliver a certified copy of each recorded document to the
Department of Environmental Protection.
(3)
After the Department of Environmental Protection receives a
certified copy of the easement and agreements, the County must
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ExPEDITED BILL
No. 34-12
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structurally maintain and inspect the facility as provided in
subsection (b).
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ill
If
~
property contains [[an ESD treatment)] a stormwater
management system that was installed or retrofitted
!2y
the
County under
~
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sediment control permit, the inspection and
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maintenance agreement may require the County to maintain the
system.
*
19-29.
(a)
*
*
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118
Stormwater management loan program.
The Department of Environmental Protection must create a
Stormwater Management Loan Program. The Program must provide
direct loans to eligible homeowners' associations and other residential
[and associated nonresidential] property owners to:
(1)
make structural repairs to restore a stormwater management
facility to acceptable design standards before the owner
petitions the County to assume responsibility for future
structural maintenance of the facility under Section 19-28(d), or
(2)
cover the cost of abandoning a facility under Section 19-28(e).
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*
19-29A.
*
*
Watershed restoration grants program.
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W
The Director of Environmental Protection may establish a Watershed
Restoration GrantProgram. The purpose of the Program is to provide
funds to non-profit organizations to perform water quality protection
or improvement activities that would help the County satisfy
applicable regulatory requirements of the County's National Pollutant
Discharge Elimination Systems permit.
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EXPEDITED BILL
No. 34-12
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(.b)
To identify non-profit organizations to perfonn water quality
protection or improvement activities, the Director of the Department
of General Services may issue a competitive solicitation under
Chapter lIB that is limited to non-profit organizations.
W
The Director of. Environmental Protection may also establish a
supplemental grant program to offset the cost to eligible homeowners'
associations of paying the Charge assessed under Section 19-35 for
those private roads which are:
ill
open to the public without restricJiQn;
not parking lots; and
eligible to
r~ceiye
State highway user revenue.
ru
m
19-35.
Water Quality Protection Charge.
[[*
*
*]]
(a)
As authorized by State law [[(Maryland Code, Environment Art.,
§
204)]], the Director of Finance must annually impose and collect a
Water Quality Protection Charge, as provided in this Section. The
Director must collect the Charge in the same manner as County real
property taxes, apply the same interest, penalties, and other remedies
(including tax sale) if the Charge is not paid, and generally treat the
Charge for collection and administration purposes as if it were a
County real property tax. The Director may treat any unpaid Charge
as a lien on the property to which the charge applies.
(b)
The Charge must be imposed on each [residential property and
associated nonresidential] property, as specified in regulations
adopted by the Executive under Method (1) to administer this Section.
The regulations may define different classes of real property,
depending on the amount of impervious surface on the property,
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EXPEDITED Bill
No. 34-12
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stormwater
runoff
from
the
property,
and
other
relevant
characteristics, for purposes of applying the Charge.
*
(e)
Charge:
(I)
*
*
[[The regulations may allow credits against and exemptions from the
to the extent that credits and exemptions are not
prohibited by State law; and
(2)
if each credit or exemption will enhance water quality or
otherwise promote the purposes of this Article.]]
ill
A property owner may [[request]] apply for, and the Director of
Environmental Protection must grant",
~
credit equal to
~
percentage, set
Qy
regulation, of the Charge
if~
CA)
the property contains
~
stormwater management system
that is not maintained
Qy
the County [[or
it1]~
a!.l
(Q
the owner participates in
~
County-approved water
quality management practice or
initiative~
the property treats off-site drainage from other properties
located within the same drainage
al"ea~
CD)
the property does not contain a stromwater management
system, hut is located in the same drainage area as
another that contains a stormwater management system
and both prQperties have the same owner.
ill
To receive the credit, the property owner must [[submit
~
request]] apply to the Director of Environmental Protection in
~
form prescribed
Qy
the Director not later than October
II
of the
year before payment of the Charge is due. Any credit granted
under this subsection is valid for
1
years.
-8­
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~Q..IIEl2
BILL
No. 34-12
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[[!2l]]
ill
The owner of an owner-occupied residential property, or
any non-profit organization, that [[is able to]] can demonstrate
substantial financial hardship may [[request)] apply for an
exemption from all or part of the Charge for that
based on criteria set
property~
h
regulation.
The [[owner-occupant]]
owner or . organization may apply for the exemption
submitting
a
written
request]]
to
the
Director
[[h
of
[[Environmental Protection]] Finance not later than April
1
of
the year [[before)) when payment of the Charge is due.
(f)
The Director must deposit funds raised by the Charge, and funds for
this purpose from any other source, into a stormwater management
fund. Funds in the stormwater management fund may be applied and
pledged to pay debt service on debt obligations to finance the
construction and related expenses of stormwater management
facilities as approved in the Capital Improvements Program. Funds in
the stormwater management fund must only be used for:
*
(3)
*
*
any other activity authorized by this Article or [[Maryland
Code, Environment Art.,
§
4-204]] state law.
(g)
This Charge does not apply to any property located in a municipality
in the County which[[:]] notifie§ the County that it has imposed or
intends to impose
[[(1) operates a stormwater management program that meets all
applicable federal, State, and County requirements and has
received any necessary federal or State permit; and
(2)
imposes]] a similar charge [[or other means of funding]] to fund
its stormwater management program in that municipality.
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EXPEDITED BILL
No. 34-12
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*
(i)
*
*
A person that believes that the Director of Environmental Protection
has incorrectly denied the person's [[request)] application for a credit
or exemption under subsection [[(b»))
w
may appeal the Director's
decision to the County Board of Appeals within 10 days after the
Director issues the decision.
*
(a)
*
*
Sec. 2. Implementation; effective date.
The Council declares that an emergency exists and that this legislation
is necessary for the immediate protection of the public health and
safety.
This Act takes effect on July
1.
2013.
Notwithstanding
County Code Section 19-35(b), as amended by Section 1 of this Act,
the Director of Finance must phase in the Water Quality Protection
Charge as provided in this Section.
(b)
The Director must phase in over [[3]]
[[~)]
l
years any increase in the
Charge that results from the application of Section 19-35(b), as
amended by Section 1 of this Act, or any regulation adopted under
that Section, by including:
(1)
only
[[one-third))
[[200/0))
one-third
of the
additional
impervious surface that has been added to the calculation of the
Charge in the fiscal year that begins on July 1,2013;
(2)
only [[two-thirds]]
[[400/0]] two-thirds of the additional
impervious surface that has been added to the calculation of the
Charge in the fiscal year that begins on July 1, 2014; [[and]]
and
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ExPEDITED BILL
No. 34-12
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[[Q)
only 60% of the additional impervious surface that has been
~dded
to the calculation of the Charge in the fiscal year that
begins on July 1,2015;
ill
only 80% of the additional impervious surface that has been
added to the calculation of the Charge in the fiscal year . that
begins on July
1.
2Q 16; and]]
[[(3)]]
[[ill]]
Q)
the full amount of the additional impervious surface
that has been added to the calculation of the Charge in the fiscal
year that begins on July 1, [[2015]] [[2017]] 2015.
(c)
The phase-in established in this Section does not apply to any portion
of the Charge that results from the inclusion in the calculation of the
Charge of any impervious surface area that is created after [[this Act
takes effect]] June 30, 2013.
(d)
To receive a credit or exemption under Section [[19-35(b)]] 19-35Ce)
for the fiscal year that begins on July 1,2013, [[the]]
g
property owner
must [[submit a request]]
gpRlv
to the Director of Environmental
Protection or the Director of Finance, as applicable, [[on a form
prescribed by the Director]] not later than [[July 31]] September 30,
2013.
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EXPEDITED
Bill No. 34-12
260
Approved:
261
Date
262
Approved:
263
Isiah Leggett, County Executive
Date
264
This is a correct copy ofCouncil action.
265
Linda M. Lauer, Clerk of the Council
Date
-12­
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Expedited Bill No. : =.34:l:. .-. .!.1=.2_ _ _ __
Concerning: Stormwater Management ­
Water Quality Protection Charge
Revised: 4-16-13
Draft No.
~
Introduced:
November 27,2012
Enacted:
April 16, 2013
Executive: _ _ _ _ _ _ _ __
Effective:
July 1. 2013
Sunset Date:
....!N..!..:o~n~e~
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1)
subject all properties not otherwise exempt under state law to the Water Quality
Protection Charge;
(2)
allow certain property owners to obtain a credit equal to a certain percentage of
the Charge;
(3)
exempt certain property owners that are able to demonstrate substantial financial
hardship;
(4)
provide for a phase-in of certain increases to the Charge; and
(5)
generally amend County law regarding the Water Quality Protection Charge.
By amending
Montgomery County Code
Chapter 19, Erosion, Sediment Control and Storm Water Management
Sections 19-21, 19-28, 19-29, 19-35
By adding
Chapter 19. "ErosiollAc Sediment Control and
Section 19-29A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Storm_W~t~r
Management
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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ExPEDITED
Bill No. 34-12
1
Sec. 1. Sections 19-21, 19-28, 19-29 and 19-35 are amended, and Section
19-29A is added, as follows:
19-21.
Definitions
2
3
4
5
6
7
*
*
*
[Associated nonresidential property: A nonresidential property from which
stormwater drains into a stormwater management facility that primarily
serves one or more residential properties.]
8
9
*
*
*
Impervious area
or
impervious surface:
Any surface that prevents or
10
11
significantly impedes the infiltration of water into the underlying soil,
including any structure, building, patio, [deck,] sidewalk, compacted gravel,
pavement, asphalt, concrete, stone, brick, tile, swimming pool, or artificial
turf.
Impervious surface also includes any area used by or for motor
12
13
14
15
16
vehicles or heavy commercial equipment, regardless of surface type or
material, including any road, [road shoulder,] driveway, or parking area.
*
*
*
17
18
19
NOJ)profit organization: A corporation, foundati9n, or other legal entity that
is exempt from income taxation under Section 501(c)(3) of the Internal
Revenue Code.
20
21
*
Person:
An
individual~[,
*
*
corporation, firm, partnership, joint venture,
22
23
24
25
agency, organization, municipal corporation,]
f!
legal entity; or
f!
department,
agency, or instrument of the County or.!. [state agency, or any combination of
them] to the extent allowed
Qy
law, federal, state, or local government.
*
19-28.
*
*
-2­
*
*
26
27
Inspection and maintenance of stormwater management systems.
*
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EXPEDITED BILL
No. 34-12
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(b)
Maintenance ofnew stormwater management systems.
(1)
Before issuing a sediment control penn
it
to develop any
property that requires implementation of best management
practices, the Department must require the property owner to
execute an easement and an inspection and maintenance
agreement that is binding on each later [owner[s]] owner of the
land to be served by any private stonnwater management
system.
(2)
The easement must give the County a perpetual right of access
to the stonnwater management system at all reasonable times to
inspect, operate, monitor, install, construct, reconstruct, modifY,
maintain, clean, or repair any part of the stormwater
management system [within] in the area covered by the
easement as needed to assure that the system remains in proper
working condition under approved design and environmental
standards.
The inspection and maintenance agreement must
require the owner to be responsible for all maintenance of any
completed
ESD
treatment
system
and
nonstructural
maintenance of anyon-site stonnwater management facility if
the
development
consists
of residential
property
[[or
~
[associated]
of nonresidential
property that
contains
stonnwater management facility built or retrofitted
Q.y
the
County]].
Otherwise, the
inspection and
maintenance
agreement must require the owner to be responsible forever for
all maintenance of the entire on-site stonnwater management
system, including maintaining in good condition, and promptly
repairing and restoring, each ESD practice, grade surface, wall,
-3­
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EXPEDITED Bill No.
34-12
55
56
drain, dam and structure, vegetation, erosion and sediment
control measure, and any other protective device [forever].
(3)
The owner must record the easement and agreement in the
County land records and deliver a certified copy of each
recorded document to the Departments of Permitting Services
and Environmental Protection before the Department may issue
a completion certificate.
(4)
After the Department Issues a completion certificate for
construction of a new stormwater management facility, the
County must perform all structural maintenance on the facility
if the facility serves residential property [[or [associated] is
~
57
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facility built or retrofitted
Qy
the County that serves
nonresidential property]] unless the inspection and maintenance
agreement requires the property owner to be responsible for
structural maintenance of the facility.
No other person may
68
69
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perform structural maintenance on a stormwater management
facility that the County is required to structurally maintain
without the County's written consent.
(5)
Any repair or restoration and maintenance performed under this
Section must comply with each previously approved or newly
submitted plan and any reasonable corrective measure specified
by the Director of Environmental Protection.
(c)
Maintenance of existing or retrofitted stormwater management
ffacilitiesJ systems.
72
73
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75
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77
78
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(1)
The owner of a stormwater management facility that is not
subject to
subsection (b)
must perform
all
structural
81
maintenance needed to keep the facility in proper working
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EXPEDITED BILL
No. 34-12
82
condition. The owner of a residential property or [associated]
f!:
nonresidential property that contains
f!:
stormwater management
facility built or retrofitted
Qy
the County, or a homeowners'
association that includes the residential property, may execute a
stormwater management easement granting the County a
perpetual right of access to inspect, operate, monitor, install,
construct, reconstruct, modify, maintain, clean, or repair any
part of the stormwater management facility [within] in the
easement as needed to assure that the facility remains in proper
working condition under approved design standards.
(2)
If the owner of a stormwater management facility grants a
stormwater management easement to the County, the owner
must make any structural repairs needed to place the facility in
proper working condition, as determined by the Department of
Environmental Protection, before the County enters into an
inspection and maintenance agreement with the owner that
[obligates] makes the County [to assume responsibility]
responsible for structural maintenance of the facility. After the
owner and the County have agreed that the County will [assume
responsibility] be responsible for structural maintenance of the
facility, the owner must record in the County land records the
easement and any other agreement executed in conjunction with
the easement that binds any later owner of the land. The owner
must deliver a certified copy of each recorded document to the
Department of Environmental Protection.
(3)
After the Department of Environmental Protection receives a
certified copy of the easement and agreements, the County must
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ExPEDITED BILL
No. 34-12
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structurally maintain and inspect the facility as provided in
subsection (b).
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If
~
property contains [[an ESD treatment)] a stormwater
management system that was installed or retrofitted
!2y
the
County under
~
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sediment control permit, the inspection and
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maintenance agreement may require the County to maintain the
system.
*
19-29.
(a)
*
*
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Stormwater management loan program.
The Department of Environmental Protection must create a
Stormwater Management Loan Program. The Program must provide
direct loans to eligible homeowners' associations and other residential
[and associated nonresidential] property owners to:
(1)
make structural repairs to restore a stormwater management
facility to acceptable design standards before the owner
petitions the County to assume responsibility for future
structural maintenance of the facility under Section 19-28(d), or
(2)
cover the cost of abandoning a facility under Section 19-28(e).
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*
19-29A.
*
*
Watershed restoration grants program.
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W
The Director of Environmental Protection may establish a Watershed
Restoration GrantProgram. The purpose of the Program is to provide
funds to non-profit organizations to perform water quality protection
or improvement activities that would help the County satisfy
applicable regulatory requirements of the County's National Pollutant
Discharge Elimination Systems permit.
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EXPEDITED BILL
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(.b)
To identify non-profit organizations to perfonn water quality
protection or improvement activities, the Director of the Department
of General Services may issue a competitive solicitation under
Chapter lIB that is limited to non-profit organizations.
W
The Director of. Environmental Protection may also establish a
supplemental grant program to offset the cost to eligible homeowners'
associations of paying the Charge assessed under Section 19-35 for
those private roads which are:
ill
open to the public without restricJiQn;
not parking lots; and
eligible to
r~ceiye
State highway user revenue.
ru
m
19-35.
Water Quality Protection Charge.
[[*
*
*]]
(a)
As authorized by State law [[(Maryland Code, Environment Art.,
§
204)]], the Director of Finance must annually impose and collect a
Water Quality Protection Charge, as provided in this Section. The
Director must collect the Charge in the same manner as County real
property taxes, apply the same interest, penalties, and other remedies
(including tax sale) if the Charge is not paid, and generally treat the
Charge for collection and administration purposes as if it were a
County real property tax. The Director may treat any unpaid Charge
as a lien on the property to which the charge applies.
(b)
The Charge must be imposed on each [residential property and
associated nonresidential] property, as specified in regulations
adopted by the Executive under Method (1) to administer this Section.
The regulations may define different classes of real property,
depending on the amount of impervious surface on the property,
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EXPEDITED Bill
No. 34-12
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stormwater
runoff
from
the
property,
and
other
relevant
characteristics, for purposes of applying the Charge.
*
(e)
Charge:
(I)
*
*
[[The regulations may allow credits against and exemptions from the
to the extent that credits and exemptions are not
prohibited by State law; and
(2)
if each credit or exemption will enhance water quality or
otherwise promote the purposes of this Article.]]
ill
A property owner may [[request]] apply for, and the Director of
Environmental Protection must grant",
~
credit equal to
~
percentage, set
Qy
regulation, of the Charge
if~
CA)
the property contains
~
stormwater management system
that is not maintained
Qy
the County [[or
it1]~
a!.l
(Q
the owner participates in
~
County-approved water
quality management practice or
initiative~
the property treats off-site drainage from other properties
located within the same drainage
al"ea~
CD)
the property does not contain a stromwater management
system, hut is located in the same drainage area as
another that contains a stormwater management system
and both prQperties have the same owner.
ill
To receive the credit, the property owner must [[submit
~
request]] apply to the Director of Environmental Protection in
~
form prescribed
Qy
the Director not later than October
II
of the
year before payment of the Charge is due. Any credit granted
under this subsection is valid for
1
years.
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~Q..IIEl2
BILL
No. 34-12
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[[!2l]]
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The owner of an owner-occupied residential property, or
any non-profit organization, that [[is able to]] can demonstrate
substantial financial hardship may [[request)] apply for an
exemption from all or part of the Charge for that
based on criteria set
property~
h
regulation.
The [[owner-occupant]]
owner or . organization may apply for the exemption
submitting
a
written
request]]
to
the
Director
[[h
of
[[Environmental Protection]] Finance not later than April
1
of
the year [[before)) when payment of the Charge is due.
(f)
The Director must deposit funds raised by the Charge, and funds for
this purpose from any other source, into a stormwater management
fund. Funds in the stormwater management fund may be applied and
pledged to pay debt service on debt obligations to finance the
construction and related expenses of stormwater management
facilities as approved in the Capital Improvements Program. Funds in
the stormwater management fund must only be used for:
*
(3)
*
*
any other activity authorized by this Article or [[Maryland
Code, Environment Art.,
§
4-204]] state law.
(g)
This Charge does not apply to any property located in a municipality
in the County which[[:]] notifie§ the County that it has imposed or
intends to impose
[[(1) operates a stormwater management program that meets all
applicable federal, State, and County requirements and has
received any necessary federal or State permit; and
(2)
imposes]] a similar charge [[or other means of funding]] to fund
its stormwater management program in that municipality.
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*
(i)
*
*
A person that believes that the Director of Environmental Protection
has incorrectly denied the person's [[request)] application for a credit
or exemption under subsection [[(b»))
w
may appeal the Director's
decision to the County Board of Appeals within 10 days after the
Director issues the decision.
*
(a)
*
*
Sec. 2. Implementation; effective date.
The Council declares that an emergency exists and that this legislation
is necessary for the immediate protection of the public health and
safety.
This Act takes effect on July
1.
2013.
Notwithstanding
County Code Section 19-35(b), as amended by Section 1 of this Act,
the Director of Finance must phase in the Water Quality Protection
Charge as provided in this Section.
(b)
The Director must phase in over [[3]]
[[~)]
l
years any increase in the
Charge that results from the application of Section 19-35(b), as
amended by Section 1 of this Act, or any regulation adopted under
that Section, by including:
(1)
only
[[one-third))
[[200/0))
one-third
of the
additional
impervious surface that has been added to the calculation of the
Charge in the fiscal year that begins on July 1,2013;
(2)
only [[two-thirds]]
[[400/0]] two-thirds of the additional
impervious surface that has been added to the calculation of the
Charge in the fiscal year that begins on July 1, 2014; [[and]]
and
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[[Q)
only 60% of the additional impervious surface that has been
~dded
to the calculation of the Charge in the fiscal year that
begins on July 1,2015;
ill
only 80% of the additional impervious surface that has been
added to the calculation of the Charge in the fiscal year . that
begins on July
1.
2Q 16; and]]
[[(3)]]
[[ill]]
Q)
the full amount of the additional impervious surface
that has been added to the calculation of the Charge in the fiscal
year that begins on July 1, [[2015]] [[2017]] 2015.
(c)
The phase-in established in this Section does not apply to any portion
of the Charge that results from the inclusion in the calculation of the
Charge of any impervious surface area that is created after [[this Act
takes effect]] June 30, 2013.
(d)
To receive a credit or exemption under Section [[19-35(b)]] 19-35Ce)
for the fiscal year that begins on July 1,2013, [[the]]
g
property owner
must [[submit a request]]
gpRlv
to the Director of Environmental
Protection or the Director of Finance, as applicable, [[on a form
prescribed by the Director]] not later than [[July 31]] September 30,
2013.
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EXPEDITED
Bill No. 34-12
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Approved:
261
Date
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Approved:
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Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
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