Agenda Item 6B
November 27,2012
Introduction
MEMORANDUM
TO:
FROM:
County Council
~Michael
Faden, Senior Legislative Attorney
Introduction:
Bill 34-12, Stormwater Management
Charge
SUBJECT:
Water Quality Protection
Bill 34-12, Stormwater Management - Water Quality Protection Charge, sponsored by
the Council President at the request of the County Executive, is scheduled to be introduced on
November 27,2012. A public hearing is tentatively scheduled for January 15,2013 at 1:30 p.m.
Bill 34-12 would
• subject all properties not otherwise exempt under state law to the Water Quality
Protection Charge;
• allow certain property owners to obtain a credit equal to a certain percentage of the
Charge;
• exempt certain property owners that are able to demonstrate substantial financial
hardship;
• provide for a phase-in of certain increases to the Charge; and
• generally amend County law regarding the Water Quality Protection Charge.
This packet contains:
Bill 34-12
Legislative Request Report
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Bill No.
34-12
Concerning: Stormwater Management ­
Water Quality Protection Charge
Revised: 11-20-12
Draft No.
L
Introduced:
November 27,2012
Expires:
May 27,2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _--::-:_ _ _ _ _ _ __
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
ACT to:
(1)
(2)
(3)
(4)
(5)
subject all properties not otherwise exempt under state law to the Water Quality
Protection Charge;
allow certain property owners to obtain a credit equal to a certain percentage of
the Charge;
exempt certain property owners that are able to demonstrate substantial financial
hardship;
provide for a phase-in of certain increases to the Charge; and
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 19-20, 19-28, 19-29, 19-35
Boldface
Underlining
[Single boldface brackets]
D.Qub1~
underlining
[[Double boldface brackets]]
* * *
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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BILL
No.
34-12
Sec.
1.
Sections 19-20, 19-28, 19-29 and 19-35 are amended as follows:
19-20.
Purpose of article; scope.
*
*
*
[Associated nonresidential property: A nonresidential property from which
stormwater drains into a stormwater management facility that primarily
serves one or more residential properties.]
*
*
*
Impervious area or impervious surface:
Any surface that prevents or
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
vehicles or heavy commercial equipment, regardless of surface type or
material, including any road, [road shoulder,] driveway, or parking area.
*
Person:
An
individual~[,
*
*
corporation, firm, partnership, joint venture,
agency, organization, municipal corporation,]
£!:
legal entity; or
£!:
department,
agency, or instrument of the County or.1 [state agency, or any combination of
them] to the extent allowed
Qy
law, of federal, state, or local government.
*
19-28.
*
*
*
Inspection and maintenance of stormwater management
systems.
*
*
(b)
Maintenance ofnew stormwater management systems.
(l) Before issuing a sediment control permit 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
r:2J
M.
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BILL
No.
34-12
agreement that is binding on each later [owner[s]] owner of the
land to be served by any private stormwater management
system.
(2) The easement must give the County a perpetual right of access
to the stormwater 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 stormwater management facility if
the development consists of residential property or [associated]
of nonresidential
property
that
contains
§;
stormwater
management facility built or retrofitted
Qy
the County.
Otherwise, the inspection and maintenance agreement must
require the owner to be responsible forever for all maintenance
of the entire on-site stormwater management system, including
maintaining in good condition, and promptly repairing and
restoring, each ESD practice, grade surface, wall, 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
ill
the
County land records and deliver a certified copy of each
recorded document to the Departments of Permitting Services
4
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BILL
No. 34-12
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
£!
facility built or retrofitted
nonresidential property.
lIT
the County that serves
No other person may 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 ofexisting stormwater management ffacilitiesJ systems.
(1) The owner of a stormwater management facility that is not
subject to
subsection (b)
must perform all
structural
maintenance needed to keep the facility in proper working
condition. The owner of a residential property or [associated]
£!
nonresidential property that contains
£!
storm water management
facility built or retrofitted
lIT
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
I-4-J
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Stormwater Management-WQPC\BiIl (Final) (2).Doc
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BILL
No. 34-12
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
structurally maintain and inspect the facility as provided in
subsection (b).
ill
If
£!
property contains an ESD treatment system that was
installed or retrofitted
Qy
the County under
£!
sediment control
permit, the inspection and maintenance agreement may require
the County to maintain the system.
*
19-29.
*
*
Stormwater management loan program.
1-5-\
~
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BILL
No.
34-12
(a)
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).
*
19-35.
*
*
*
*
Water Quality Protection Charge.
*
(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,
stormwater
runoff
from
the
property,
and
other
relevant
characteristics, for purposes of applying the Charge.
owner may request
~
credit equal to
the Charge if the property contains
~
~
A property
percentage, set
Qy
regulation, of
stormwater management system
~
that is not maintained
Qy
the County or the owner participates in
County-approved water quality management practice or initiative. To
receive the credit, the property owner must submit
Director of Environmental Protection in
~
~
request to the
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
J
~
W
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BILL No. 34-12
years. The owner of an owner-occupied residential property that is
able to demonstrate substantial financial hardship may request an
exemption from the Charge for that property based on criteria set
Qy
regulation.
The owner-occupant may apply for the exemption
Qy
submitting g written request to the Director of Environmental
Protection not later than April
1
of the year before payment of the
Charge is due.
*
Sec. 2.
Implementation.
*
*
(a) 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 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 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 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
(3) 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.
(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
~
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o
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BILL
No. 34-12
Charge of any impervious surface area that is created after this Act
takes effect.
(d) To receive a credit under Section 19-35(b) for the fiscal year that
begins on July 1, 2013, the property owner must submit a request to
the Director of Environmental Protection on a form prescribed by the
Director not later than July 31, 2013.
Approved:
Roger Berliner, President, County Council
Approved:
Date
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
Linda M. Lauer, Clerk of the Council
Date
l8.\
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LEGISLATIVE REQUEST REPORT
Bill 34-12
Stormwater Management - Water Quality Protection Charge
DESCRIPTION:
Amends the law governing the Water Quality Protection Charge by
requiring all property owners not otherwise exempt under state law to
pay the Charge, allowing property owners to obtain credits for
undertaking certain water quality protection measures on their
. properties, and authorizing financial hardship exemptions for certain
owner-occupants of residential properties.
County law does not currently authorize imposition of the WQPC on
the owner of any nonresidential property unless a portion of that
property's impervious area drains to a residential stormwater
treatment facility. The existing law classifies these properties as
The County's
associated nonresidential properties ("ANRs").
inability to levy the Charge on nonresidential properties other than
ANRs has resulted in a large number of properties whose impervious
surfaces contribute to water quality impairments while their owners
are effectively exempt from paying into the Water Quality Protection
Fund despite benefiting from the County's watershed restoration and
water quality remediation initiatives.
In 2010, the County received its third Municipal Separate Storm
Sewer System ("MS4") Permit from the Maryland Department of the
Environment. This permit, which is mandatory under the Federal
Clean Water Act, requires the County to retrofit 4,300 impervious
acres not currently treated to the maximum extent practicable. The
intent of this Bill is to make the WQPC more equitable by spreading
the cost of restoration over all properties contributing to the problem
and whose owners benefit from the County's water quality protection
programs.
The existing law provides credits specifically geared to property
owners that have installed stormwater treatment facilities on their
properties. The credits specified in the bill are intended to reduce the
amount of the Charge paid by property owners whose actions have
reduced stormwater runoff and thereby assisted the County's efforts
to comply with its MS4 Permit.
Finally, state law enacted in 2012 mandates that County law exempt
property owners who can demonstrate that paying the Charge would
create a substantial financial hardship.
PROBLEM:
GOALS AND
OBJECTIVES:
To make the WQPC more equitable by spreading the cost of
implementing the pollution control measures required under the
County's MS4 Permit to all property owners not otherwise exempt
under state law; create a systems of credits to encourage property
owners to participate in certain water quality management practices;
and bring County law into compliance with state law as it pertains to
locally levied charges to pay for stormwater remediation.
Department of Environmental Protection, Department of Finance
See Fiscal and Economic Impact Statement
See Fiscal and Economic Impact Statement
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
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EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
To be determined.
All the stormwater utilities run by other jurisdictions surveyed
throughout the County charge nonresidential properties.
Steven Shofar, Division Chief, Watershed Management Division,
Department of Environmental Protection (7-7736)
Does not apply in Rockville and Takoma Park. The County collects
the Charge for Gaithersburg and provides the funds to the city minus
an administrative fee.
Class A
MUNICIPALITIES:
PENALTIES: