AGENDA ITEM 12B
April 5,2016
Introduction
MEMORANDUM
April 1, 2016
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attomey~
Introduction:
Expedited Bill 11·16, Stormwater Management - Water Quality
Protection Charge - Grants· Credits
Expedited Bill 11·16, Stormwater Management - Water Quality Protection Charge - Grants­
Credits, sponsored by Lead Sponsor Council President on behalf of the County Executive, is
scheduled to be introduced on AprilS, 2016. A public hearing is tentatively scheduled for April
26 at 1:30 p.m.
Expedited Bill 11-16 would:
authorize establishment ofa watershed restoration grant program for certain owners
of improved aircraft landing areas to offset the cost ofthe Water Quality Protection
Charge;
clarify the eligibility criteria for a property owner to receive a Water Quality
Protection Charge credit;
expand the timeframe for a property owner to appeal the denial of a request for a
credit or adjustment of the amount ofthe Water Quality Protection Charge billed to
the property owner; and
generally amend County law regarding the Water Quality Protection Charge.
A companion regulation is on
©IS.
This packet contains:
Expedited Bill 11-16
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact statements
Executive Regulation 12-16
F:\LAw\BILLS\1611 Stormwater Management-WQPC\Intro Memo.Docx
Circle
#
1
5
7
10
15
 PDF to HTML - Convert PDF files to HTML files
Expedited Bill No.
..--!-1..:...1--!-16"'--_____
Concerning: Stormwater Management ­
Water Quality Protection Charge­
Grants-Credits
Revised: _ _ _ _ _ _ Draft No.
Introduced:
April 5,
2016
Expires:
October 5,
2017
Enacted: ___________________
Executive: ______________
Effective: ___________________
Sunset Date:
-!N..!!o~n~e
________
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1)
authorize establishment of a watershed restoration grant program for certain
owners of improved aircraft landing areas to offset the cost of the Water Quality
Protection Charge;
(2)
clarify the eligibility criteria for a property owner to receive a Water Quality
Protection Charge credit;
(3)
expand the time frame for a property owner to appeal the denial of a request for a
credit or adjustment of the amount of the Water Quality Protection Charge billed
to the property owner; and
(4)
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
19-29A
and
19-35
Boldface
Underlining
[Single boldface brackets]
Double 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:
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No. 11-16
1
Sec.
1.
Sections 19-29A and 19-35 are amended as follows:
19-29A. Watershed restoration grants program.
2
3
4
5
*
(c)
*
*
[to eligible
-~.
The Director of Environmental Protection may also establish a
supplemental grant program to offset the cost
6
homeowners' associations] of paying the Charge assessed under
Section 19-35 [for those private roads which are:
(1)
(2)
(3)
open to the public without restriction;
not parking lots; and
eligible to receive State highway user revenue] to an owner of
an improved aircraft landing area that is exempt from County
property taxes under Maryland Code, Tax-Property Art.
§8-302.
19-35.
(e)
Water Quality Protection Charge.
7
8
9
10
11
12
13
14
15
16
*
(1)
*
*
A property owner may apply for, and the Director of
Environmental Protection must grant, a credit equal to a
percentage, set by regulation, of the Charge if:
[(A) the property contains a stormwater management system
that is not maintained by the County;
(B)
the owner participates in a County-approved water
quality management practice or initiative;]
17
18
19
20
21
22
23
[(C)] (A)
the property contains
~
stormwater management system
24
25
26
for which the County does not perform structural
maintenance that either treats on-site drainage only or
both on-site drainage and off-site drainage from other
properties located within the same drainage area; or
27
CD
q\LAW\BILLS\l611 Stormwater Management-WQPC\BilIl.Doc
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No.
11-16
28
29
30
[(D)]
ill.)
the property does not contain a stormwater management
system, but is located in the same drainage area as
another that contains a stormwater management system
for which the County does not perform structural
maintenance and both properties have the same owner.
31
32
33
34
(2)
To receive the credit, the property owner must apply to die
Director of Environmental Protection in a form prescribed by
the Director not later than September 30 of the year that
payment of the Charge is due. Any credit granted under this
subsection is valid for 3 years.
35
36
37
38
39
40
ill
The Director of Environmental Protection may revoke
granted under paragraph
~
credit
ill
if the property owner does not
continue to take the measures needed to assure that the
stormwater management system remaInS In proper working
condition
Qy
correcting any deficiencies discovered
Qy
the
Director during
not reinstate
~
~
41
42
43
44
maintenance inspection. The Director must
revoked credit until the property owner has
45
46
47
48
49
50
sufficiently corrected the deficiencies to fully satisfy the
property owner's maintenance obligations under Section 19-28.
[(3)]
@
The owner of an owner-occupied residential property, or any
non-profit organization that can demonstrate substantial
financial hardship may apply for an exemption from all or part
of the Charge for that property, based on criteria set by
regulation. The owner or organization may apply for the
exemption to the Director of Finance not later than September
30 of the year that payment of the Charge is due.
51
52
53
54
*
*
*
F:\LAW\BILLS\1611 Stormwater Management-WQPC\BiIlI.Doc
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No. 11·16
55
56
57
(h)
A person that believes that the Director of Environmental Protection
has mistakenly assigned a Charge to the person's property or
computed the Charge incorrectly may apply to the Director of
Environmental Protection in writing for a review of the Charge, and
request an adjustment to correct any error, not later than September 30
of the year that payment of the Charge is due. An aggrieved property
owner may appeal the Director's decision to the County Board of
Appeals within
[10]
30 days after the Director issues the decision.
58
59
60
61
62
63
64
(i)
A person that believes that the Director of Environmental Protection
has incorrectly denied the person's application for a credit or
exemption under subsection (e) may appeal the Director's decision to
the County Board of Appeals within
[10]
30 days after the Director
issues the decision.
65
66
67
68
69 .
70
*
Sec. 2.
*
*
The Council declares that this
Expedited Effective Date:
legislation is necessary for the immediate protection of the public interest. This
Act takes effect on the date on which it becomes law.
71
72
F:\LAW\BILLS\1611 Stonnwater Management-WQPC\BiIlI.Doc
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Expedited Bill 11-16
Stormwater Management
-
Water Quality Protection Charge-Grants--Credits
DESCRlPTION:
Expedited Bil111-16 would clarify the eligibility criteria for a property
owner to receive a credit against the Water Quality Protection Charge
and extend the property owner's timeframe to appeal a Director's
decision.
It
would also authorize establishment of a watershed
restoration grant program for the owners of certain improved aircraft
landing areas used by the public to offset the cost of the Charge.
The owners of some properties that contain stormwater management
systems maintained by the County have become eligible to receive
credits against the Water Quality Protection Charge based on criteria
that do not require the property owner to maintain the system. Also,
the timeframe within which a property owner must request a credit or
to challenge the amount of the Charge billed to that property owner is
inadequate.
The Montgomery County Airpark cannot divert
additional air traffic to the County's only nearby private airport
without the private airport expanding its airstrip. The private airport
does not charge a fee for landing ofaircrafts but is assessed the Charge
for the impervious surface area ofthe airstrip, which the owner wishes
to expand to receive the additional diverted traffic.
PROBLEM:
GOALS AND
OBJECTIVES:
To incentivize property owners to treat stormwater runoff from their
properties by using and maintaining the most effective stormwater
management systems for reducing the discharge of pollutants to the
maximum extent practicable; to allow property owners more time to
appeal the denial of a request for a credit or adjustment of the amount
of the Water Quality Protection Charge billed to the property owner;
and to offset the cost of paying the Charge through a watershed
restoration grant program for certain owners of improved aircraft
landing areas that are used by the public.
Department of Environmental Protection
See Fiscal Impact Statement.
See Economic Impact Statement
To be researched.
COORDINATION:
FISCAL IMPACT:
ECONOMIC IMPACT:
EXPERIENCE
ELSEWHERE:
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No. 11-16
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Vicky Wan, Department of Environmental Protection, 240-777-7722
N/A
N/A
F:\LAw\BILLS\1611 Stonnwater Management-WQPC\LRR Stonnwater Management - WQPCDocxManagement - WQPC.Docx
-2­
 PDF to HTML - Convert PDF files to HTML files
.'.1
':l
.... .1
,'"
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE. MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
March 24, 2016
TO:
Nancy Floreen, President
Montgomery County Council
FROM:
SUBJECT:
I,iab
Leggett.
County
EXeCUtiV~~S
j./'/.
Proposed Legislation Regarding Stormw ter Management - Water Quality
Protection Charge
The purpose of this memorandum is to transmit for introduction an expedited bilI
that modifies the Water Quality Protection Charge grant and credit programs. I am also
attaching a Legislative Request Report and Fiscal and Economic Impact Statements for the bill.
Because the changes are also included in the Executive Regulations governing the Charge
program, I am also transmitting for informational purposes, the proposed regulations which
makes conforming changes consistent with this bill.
The bill amendments are as follows:
1. Establish a watershed restoration grant program for certain owners of
improved aircraft landing areas to offset the cost ofthe Water Quality
Protection Charge - The only private airport in Montgomery County that is
exempt from county property taxes under Section 8-302 ofthe Tax-Property
Article, Maryland Code, allows for the public use of its airstrip for aircraft
landing free of service charges and that airstrip is assessed a Water Quality
Protection Charge. To offset the cost of paying the Charge, a property that
meets the above definition can apply for a grant through the watershed
restoration grant program.
2. Clarifies the eligibility criteria for a property owner to receive a credit - This
section previously was ambiguous. Clarifying language has been added to
clarify the intent that a credit will only be provided to property owners that
montgomerycountymd.gov/311
;r~""";i
'
240-773-3556 TTY
3
..
'<
.
 PDF to HTML - Convert PDF files to HTML files
I
Nancy Floreen, Council President
March 24, 2016
Page 2
maintain stormwater management systems which the County does not have
cost liabilities in performing structural maintenance.
3. Credit revocation - Currently a property owner can still be granted a credit
even if a stormwater management system is found to be in non-working
condition under Section 19-28, Inspection and Maintenance of Stormwater
Management Systems. Language is added to allow DEP the ability to revoke
a credit if the property owner does not correct deficiencies to satisfy the
property owners' maintenance obligations under Section 19-28.
4. Extend the property owner's timeframe to appeal a Director's decision­
Currently a property owner has 10 days after a Director issues the decision to
appeal. This extends the time frame to 30 days
to
give those property owners
additional time to properly prepare a response.
The amendments to the accompanying Regulations are as follows:
1.
Eligibility Creates a credit eligibility section that clearly states that the
storm water management system must be maintained by the property owner
exclusively and in accordance to the maintenance requirements under Section
19-28 ofthe Code for the property owner to be eligible to receive a credit.
2. Credit Awards­
1.
Changes the credit award from being dependent on the type of stormwater
management facility to now be based on the proportion of the volume of
water treated by the stormwater management system.
ii. Increases the maximum credit for a nonresidential or multifamily
residential property to 100 percent for treatment of adjacent properties.
iii.
Change the maximum credit for complete onsite treatment of stormwater
to 60 percent based on the county's impervious surface of60 percent
privately owned and 40 percent publically owned.
3. Credit revocation - Adds language to allow DEP the ability to revoke a credit
if the property owner does not correct deficiencies to satisfy the property
owners' maintenance obligations under Section 19-28.
4. Timeframe to appeal a Director's decision - Increases the timeframe for a
property owner to appeal a Director's decision from 1O-days to 30-days.
 PDF to HTML - Convert PDF files to HTML files
!
;"
"1
'... __ ........
'j
.
I
Nancy F1oreen, Council President
March 24, 2016
Page 3
5.
Watershed Restoration Grant- Adds language to allow a grant program for
certain' owners of improved aircraft landing areas to offset the cost of the
WQPC.
If you have any questions about this bill, please contact Lisa Feldt, DEP Director
at 240-777-7781.
Attachments:
(5)
Bill
XX-16
Legislative Request Report
Fiscal Impact Statement
Economic Impact Statement
Draft Executive Regulation
XX-16
c:
Joseph Beach, Director, Department of Finance
Jennifer Hughes, Director, Office of Management and Budget
Marc Hansen, County Attorney
Lisa Feldt, Director, Department of Environmental Protection
Bonnie Kirkland, Assistant Chief Administrative Officer
I
I
,
 PDF to HTML - Convert PDF files to HTML files
. I
.. _
I
. I
.. I
Economic Impact Statement
Expedited Bill XX-16, Stormwater Management
Water Quality Protection Charge Grants and Credits
Background:
This legislation would make the following changes to the Water Quality Protection
Charge (WQPC):
1) Provide a grant to offset the cost of the WQPC to the owners of improved aircraft
landing areas exempt from County property taxes under Section 8-302 ofthe Tax­
Property ("TP") Article, Maryland Code;
2) Clarify the eligibility criteria for a property owner
to
receive a WQPC credit; and
3) Expand the timeframe for a property owner to appeal the denial of a request for a
credit or adjustment ofthe amount of the WQPC billed to the property owner.
1. The sources of information, assumptions, and methodologies used.
The source of information is the Department ofEnvironmental Protection (DEP)
2015 Water Quality Protection Charge Billing database. DEP revenue reduction
assumes that the airport's runway configuration does not change.
2. A description of any variable that could affect the economic impact estimates.
Revenue-reduction estimates related to the WQPC grant program may fluctuate in
future fiscal years depending on the amount of impervious surface area and the
amount of the WQPC. However, even with an increase in impervious surface area,
the revenue impact is expected to be minimal. Any revenue reductions due to grants
are offset by adjustments to the WQPC in order to generate sufficient revenues to pay
for the required stormwater management expenditures and to meet the debt service
coverage ratio. Based on data provided by DEP, estimates of the revenue reduction
related to the grant program increase from $3,800 in FY17 to $5,600 by FY22.
. 3. The Bill's positive or negative effect, if any on employment, spending, saving,
investment, incomes, and property values in the County.
DEP estimates that the cost of the WQPC incurred by the airport is approximately
$4,500 in FYI7. Therefore, the estimated difference in the cost ofthe WQPC and the
grant of $3,800 is $700 costs borne by the aircraft landing area. Because ofthe small
difference between the cost and the grant, Expedited Bill XX-16 would have no
economic impact on employment, spending, saving, investment, incomes, and
property values in the County.
4.
If
a Bill
is
likely to have no economic impact, why
is
that the case?
Expedited Bill XX-16 would have no economic impact as stated in paragraph 3.
Page 1 of2
 PDF to HTML - Convert PDF files to HTML files
Economic Impact Statement
Expedited Bill XX-I6, Stormwater Management
Water Quality Protection Charge Grants and Credits
5. The following contributed to or concurred with this analysis:
David Platt and Rob
Hagedoorn, Department of Finance; Vicky Wan and Patty Bubar. Department of
Environmental Protection.
~1u~
Department of Finance
Date
Page 2 of2
 PDF to HTML - Convert PDF files to HTML files
.1
. ·1
1
Fiscal Impact Statement
Expedited Council Bill XX-16, Stormwater Management
Water Quality Protection Charge Grants and Credits
1. Legislative Summary.
.This legislation would make the following changes
to
the Water Quality Protection
Charge (WQPC):
a) Provide a grant to offset the cost ofthe WQPC to the owners of improved aircraft
landing areas exempt from County property taxes under Section 8-302 of the
Tax-Property ("TP") Article, Maryland Code;
b) Clarify the eligibility criteria for a property owner to receive a WQPC credit; and
c) Expand the timeframe for a property owner to appeal the denial of a request for a
credit or adjustment ofthe amount of the WQPC billed to the property owner.
2.
An
estimate of changes in County revenues and expenditures regardless of whether
the revenues or expenditures are assumed in the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
For Item la: Bill XX-16 is limited
to
owners of improved aircraft landing
areas exempt from County property taxes under Section 8-302 ofthe Tax-Property
("TP") Article, Maryland Code. Currently there is one property in the county
that meets this definition. The proposed bill would reduce the WQPC revenues by
40 equivalent residential
units
(ERUs), or approximately $3,600 in FYI6.
For
Item
1b: No fiscal impact
as
a result ofthis change
as
this is inserting
clarifying language for eligibility criteria.
This change does not alter the current policy of providing a credit only to those
properties with facilities that are in proper working condition for which the
Department of Environmental Protection (DEP) does not have responsibility to
repair or generally manage.
The updated language also allows DEP to revoke a credit application if a facility
was found to be deficient during the normal inspection process.
For Item Ic: No fiscal impact
as
a result ofthis change. Tliis is expanding the
current timeframe from 10 days to 30 days for a property owner
to
appeal the
denial ofa request for a credit or an adjustment.
This bill does not have a fiscal impact on expenditures.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
For Item
1
a: Assuming the airport's runway remains the same, the
revenue reduction estimates related
to
the grant program is:
FY16: $3,600
FYI7: $3,800
FYI8: $4,200
 PDF to HTML - Convert PDF files to HTML files
FY19: $4,600
FY20: $5,000
FY21: $5,500
FY22: $5,600
Any revenue reductions due to credits and/or grants is offset by adjustments to the
WQPC in order to generate sufficient revenues to pay for the required stonnwater
management expenditures and
to
meet the debt service coverage ratio.
4. An actuarial analysis through the entire amortization period for each regulation that
would affect retiree pension or group insurance costs.
Not applicable.
5. An estimate of expenditures related to County's information technology (IT) systems,
including Enterprise Resource Planning (ERP) systems.
Not applicable.
6. Later actions that may affect future revenue and expenditures
if
the regulation
authorizes future spending.
Not applicable.
7. An estimate of the staff time needed to implement the regulation.
The additional time is not expected to be significant and can
be
absorbed by existing DEP
staff.
8.
An
explanation of how the addition of new staff responsibilities would affect other
duties.
Not Applicable.
9. An estimate of costs when an additional appropriation
is
needed.
Additional appropriation is not needed.
10. A description of any variable that could affect revenue and cost estimates.
Not Applicable.
 PDF to HTML - Convert PDF files to HTML files
·1
11. Ranges of revenue or expenditures that
are uncertain
or difficult to project..
Not Applicable.
12.
If
a bill
is
likely to have no fiscal impact, why that
is
the case.
Not applicable.
13. Other fiscal impacts or comments.
Not applicable.
14. The following contributed to and concurred with this analysis:
Vicky Wan, Department ofEnvironmental Protection
Patty Bubar, Department of Environmental Protection
Matt Schaeffer, Office of Management and Budget
Alex Espinosa, Office of Management and Budget
Hughes, Directo
anagement and Budget
Date
 PDF to HTML - Convert PDF files to HTML files
·1
.1
1
·1
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices
of the
County Executive -101 Monroe Street - Rockville, Maryland 20850
Snbject
Water Quality Protection Charge
Originating Department
Department of Environmental Protection and Department of Finance
Number
12-16
Effective Date
,:
I
Montgomery County Regulation on:
WATER QUALITY PROTECTION CHARGE
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND
DEPARTMENT OF FINANCE
Issued by: County Executive
Regulation No. 12-16
COMCOR No. 19.35.01
Authority: Code Section 19-35
Supersedes: Executive Regulation 16-14AM
Council Review: Method (1) under Code Section 2A-15
Register Vol. 33 No.4
Comment Deadline: April 30
Effective Date:
------­
Sunset Date: None
Summary:
This regulation, which amends Executive Regulation 16-14AM, modifies the Water Quality
Protection Charge credit criteria and expands the timeframe for a property owner to appeal the
denial of a request for a credit or adjustment ofthe amount ofthe Water Quality Protection
Charge billed to the property owner.
Written comments on these regulations should be sent to:
Vicky Wan
Office of the Director
Department of Environmental Protection
255 Rockville Pike
Rockville, Maryland 20850
Address:
Staff Contact: For further information or
to
obtain a copy ofthis regulation, contact Vicky Wan at (240) 777­
7722.
Revised 4/96
Page 1 of12
IS
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive • 101 Monroe Street • Rockville, Maryland 20850
Subject
Water Quality Protection Charge
Originating Department
Department of Environmental Protection and Department of Finance
Number
12-16
Effective Date
19.35.01.01
General Provisions
Authority. In accordance with the authority conferred under Chapter 19, Section 19-35, ofthe
Montgomery County Code, 2004, as amended (hereinafter referred to as the "Coden), the County
Executive hereby promulgates this regulation for the purpose of implementing the County's
Water Quality Protection Charge as set forth in Chapter 19 of the Code.
Applicability. This regulation applies to all owners of residential property and nonresidential
property in Montgomery County, Maryland.
Definitions
A..
. B.
19.35.01.02
The defInitions of the terms used in this regulation are provided in Chapter 19, Section 19-21, of the
Code. For purposes ofthis regulation, the following additional words and phrases will have the meaning
respectively ascribed to them in this regulation unless the context indicates otherwise:
Agricultural Property means a property that is used primarily for agriculture, viticulture, aquaculture,
silviculture, horticulture, or livestock and equine activities; temporary or seasonal outdoor activities that
do not pennanently alter the property's physical appearance and that do not diminish the property's rural
character; or activities that are intrinsically related to the ongoing agricultural enterprise on the property.
Base Rate means the annually designated dollar amount set by the County Council to be assessed for
each equivalent residential unit ofproperty that is subject to the Water Quality Protection Charge.
Condominium means a property that is subject to the condominium regime established under the
Maryland Condominium Act.
Director means the Director of the Montgomery County Department of Environmental Protection or the
Director's designee.
Eligible Nonprofit Property means real property owned by a 501 (c)(3) nonprofit organization that is
listed with the Maryland Department ofAssessments and Taxation as exempt from
ad valorem
property
taxes under State law
Equivalent Residential Unit or ERU means the statistical median of the total horizontal impervious area
. of developed single family detached residences in the County that serves as the base unit of assessment
(i0)
Revised
4/96
Page 2 of 12
 PDF to HTML - Convert PDF files to HTML files
",
I
' .. 1
.. 1
MONTGOMffiRYCOUNTY
EXECUTIVE REGULATION
Offices of the County Executive • 101 Monroe Street • Rockville, Maryland 20850
Subject
Water Quality Protection Charge
Originating Department
Department ofEnvironmental Protection and Department of Finance
Number
12-16
Effective Date
for the Water Quality Protection Charge. The designated ERU for Montgomery County equals 2,406
square feet ofimpervious surface.
Multifamily Residential Property means a mobile home park or a residential building where one or more
dwelling units share a common entrance from the outside with other dwelling units that are arranged
above, below or next to one another in the same building, and any housing unit that is subject to the
condominium regime established under the Maryland Condominium Act.
Parking Lot means any area that is intended for parking of motor vehicles.
Water Quality Protection Charge or Charge means an [assessment] excise
tax
levied by the Director of
Finance to cover the cost of constructing, operating, and maintaining facilities within the County's
stormwater management system and ftmd related expenses allowed under applicable state law based on
the impact of stormwater runoff from the impervious areas of developed land in the County.
19.35.01.03
Classification of Properties
For purposes of determining the appropriate assessment rate, all properties that are subject to the Water
Quality Protection Charge are assigned to one ofthe following classifications:
A.
Single Family
Resid~ntial
Tier 1 (SFR1): For single family residential properties where the
estimated total impervious area is greater
than
0 square feet and less than or equal to 1,000
square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the
property that are impenetrable by water.
Single Family Residential Tier 2 (SFR2): For single family residential properties where the
estimated total impervious area is greater than 1,000 square feet and less than or equal to 1,410
square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the
property that are impenetrable by water.
Single Family Residential Tier 3 (SFR3): For single family residential properties where the
estimated total impervious area is greater than 1,410 square feet and less than or equal to 3,412
square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the
property that are impenetrable by water.
Single Family Residential Tier 4 (SFR4): For single family residential properties where the
estimated total impervious area is greater than 3,412 square feet and less than or equal to 3,810
B.
C.
D.
,
@
Revised 4/96
Page 3 of 12
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive • 101 Monroe Street • Rockville, Maryland 20850
Subject
Water Quality Protection Charge
Originating Department
Department of Environmental Protection and Department of Finance
Number
12-16
Effective Date
square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the
property that are impenetrable by water.
E.
Single Family Residential Tier 5 (SFR5): For single family residential properties where the
estimated total impervious area is greater than 3,810 square feet and less
than
or equal to 5,815
square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the
property that are impenetrable by water.
Single Family Residential Tier 6 (SFR6): For single family residential properties where the
estimated total impervious area is greater than 5,815 square feet and less than or equal to 6,215
square feet and includes the house, driveways, sidewalks, sheds, and any other fixtures on the
property that are impenetrable by water.
Single Family Residential Tier 7 (SFR7): For single family residential
properti~s
where the
estimated total impervious area is greater than 6,215 square feet and includes the house,
driveways, sidewalks, sheds, and any other fixtures on the property that are impenetrable by
water.
Multifamily residential property: For multifamily residential properties the impervious area
includes the residential structures that contain the dwelling units, the sidewalks, parking lots and
any other permanent installations on the developed parcel, whether under single or conunon
-ownershlp~"tliafis-iliipeiiefui151e-15y wafer~
F.
G.
H.
---.-- ------.-------------- --- --- --­
L
Nonresidential property: Nonresidential properties may include commercial properties such as
office buildings, hotels, retail establishments or industrial properties such as factories and
warehouses. Nonresidential properties may also include properties owned by homeowner
associations, nonprofit organizations, and any government-owned properties subject to the
Charge. The impervious area for these properties includes all buildings, parking lots, sidewalks,
and any other impermeable installations permanently attached to the land parcel containing those
installations.
Nonprofit Tier 1 (NPl): For eligible nonprofit property where the estimated total impervious
area is greater than 0 square feet and less than or equal to 6,910 square feet and includes all
buildings, driveways, parking lots, sidewalks, and any other impermeable installations
permanently attached to the land parcel containing those installations.
Nonprofit Tier 2 (NP2): For eligible nonprofit property where the estimated total impervious
area is greater than 6,910 square feet and less than or equal to 54,455 square feet and includes all
Page 4of12
1.
K.
Revised
4/96
 PDF to HTML - Convert PDF files to HTML files
"
",
,
""" L
I
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive • 101 Monroe Street • Rockville, Maryland 20850
Subject
Water Quality Protection Charge
Originating Department
Department of Environmental Protection and Department of Finance
Number
12-16
Effective Date
buildings, driveways, parking lots, sidewalks, and any other impermeable installations
pennanently attached to the land parcel contru.ning those installations.
L.
Nonprofit Tier 3 (NP3): For eligible nonprofit property where the estimated total impervious
area is greater than 54,455 square feet and includes all buildings, driveways, parking lots,
sidewalks, and any other impenneable installations permanently attached to the land parcel
containing those installations.
Agricultural property: The impervious area for agricultural properties only includes the houses
on those properties and is assessed in accordance with the Single Family Residential Tier
classification.
Rates
Single family residential properties: The Charge for each single family residential property is
based on a percent of the base rate for one ERU in accordance with its assigned tier classification
as follows:
(1)
Single Family Residential Tier 1 (SFR1): The Charge for each Single Family Residential
Tier 1 property is 33 percent ofthe applicable base rate for one ERU.
Single Family Residential Tier 2 (SFR2): The Charge for each Single Family Residential
Tier 2 property is 50 percent of the applicable base rate for one ERU.
Single Family Residential Tier 3 (SFR3): The Charge for each Single Family Residential
Tier 3 property is 100 percent of the applicable base rate for one ERD.
Single Family Residential Tier 4 (SFR4): The Charge for each Single Family Residential
Tier 4 property is 150 percent ofthe applicable base rate for one ERU.
Single Family Residential Tier 5 (SFR5): The Charge for each Single Family Residential
Tier 5 property is 200 percent ofthe applicable base rate for one ERU.
Single Family Residential Tier 6 (SFR6): The Charge for each Single Family Residential
Tier 6 property is 250 percent of the applicable base rate for one ERU.
Single Family Residential Tier 7 (SFR7): The Charge for each Single Family Residential
Tier 7 property is 300 percent ofthe applicable base rate for one ERU.
M.
19.35.01.04
A.
(2)
(3)
(4)
(5)
(6)
(7)
lFf)
Revised 4/96
Page 5 of 12
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices ofthe County Executive • 101 Monroe Street • Rockville, Maryland 20850
Subject
Water Quality Protection Charge
Originating Department
Department ofEnvironmental Protection and Department of Finance
B.
Number
12-16
Effective Date
Multifamily residential properties: The Charge for each multifamily residential property is based
on the number ofERUs assigned to the property in accordance with the following procedure:
(1 )
The Director detennines the number of ERUs for a multifamily residential property by
dividing the property's actual impervious area by the designated ERU for Montgomery
County.
The Director computes the billable Charge by multiplying the base rate by the total
number ofERUs assigned to the property.
If the multifamily residential property is a condominium development, the Director
calculates the Charge to be billed in equal shares to the owners of the development by
dividing the total ERUs calculated for the property by the number of individual
condominium units and then multiplying the sum by the base rate to determine the
amount billable to each unit owner.
(2)
(3)
C.
Nonresidential properties: Except for eligible nonprofit property subject to nonprofit tier
classifications under subsection D, the Charge for each nonresidential property is based on the
number ofERUs assigned to the property
in
accordance with the following procedure:
(1)
(2)
(3)
The Director determines the number ofERUs for a nonresidential property by dividing
the property's actual impervious area bythe designated ERU for Montgomery County.
The Director computes 'the billable Charge by multiplying the base rate by the total
number ofERUs assigned to the property.
If
the nonresidential property is a condominium development, the Director calculates the
Charge to be billed in equal shares to the owners of the development by dividing the total
ERUs calculated for the property by the number of individual condominium units and the
multiplying the sum by the base rate to determine the amount billable to each unit owner.
D.
Nonprofit properties: The Charge for eligible nonprofit property must not exceed the percent of
the base rate for one ERU in accordance with the assigned tier classification as follows:
(l)
Nonprofit Tier 1 (NP1): The Charge for each nonprofit property is based on its total
impervious area up to 150 percentofthe applicable base rate for one ERU.
Revised 4/96
Page 6 of12
 PDF to HTML - Convert PDF files to HTML files
. I
.. i
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive • 101 Monroe Street • Rockville, Maryland 20850
Subject
Water Quality Protection Charge
Originating Department
Department of Environmental Protection and Department of Finance
(2)
Number
12-16
Effective Date
Nonprofit Tier 2 (NP2): The Charge for each nonprofit property is based on its total
impervious area up to 900 percent of the applicable base rate for one ERD.
Nonprofit Tier 3 (NP3): The Charge for each nonprofit property is based on its total
impervious area up to 2,300 percent of the applicable base rate for one ERU.
(3)
E.
19.35.01.05
Agricultural properties: The Charge for each agricultural property is based on a percent of the
base rate for one ERU in accordance with the applicable Single Family Residential Tier.
Credits
Eligibility. If
~
nroperty contains
~
stoimwater management system, the system must be
maintained
Qy
the pronerty owner exclusively and in accordance with the maintenance
requirements of Section 19-28 of the Code for the property owner to
be
eligible to receive
~
credit against the Water Quality Protection Charge.
'
Credit Awards.
A.
B.
ill
The Director must award a [maximum] credit [of 50] not to exceed 60 percent as
specified in the application and the Water Quality Protection Charge Credit Procedures
Manual provided
Qy
the Department, based on the proportion of the total volume of water
[treated by a combination of] treatment provided
Qy
the stormwater management system
relative to the environmental site design [and other stormwater management systems
maintained by the property owner exclusively, or a maximum credit of 80 percent,]
storage volume required under State law. ]'he volume of treatment required will be based
on the [volume of water completely treated by] environmental site design [practices
alone, as] storage volume (ESDv) requirements specified in the 2000 Maryland
Stormwater pesign Manual, as amended.
A nonresidential property or
~
multifamily residential [property owner if the property
contains a County approved stormwater management system and the system is
maintained by the property owner exclusively, in accordance with the maintenance
. requirements of the Department of Environmental Protection. A] property must be
credited for treatment of off-site drainage from other properties located within the same
drainage area as thatproperty not to exceed 100 percent of the Charge billed to the
property owner, if the stormwater management system located on the nonresidential
property
.Q!
multifamily residential property treats the required on-site environmental site
design storage volume while at
!b~
same time providing additional
stor~e
volume for
Page 7 of12
ill
Revised
4/96
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive • 101 Monroe Street • Rockville, Maryland 20850
Subject
Water Quality Protection Charge
Originating Department
Department of Environmental Protection and Department of Finance
Number
12-16
Effective Date
off-site drainage. The total credit will be determined
Qy
applying the percent credit of
off-site property to the impervious area of that off-site property and then adding that
computation to the credit for the on-site impervious area, not to exceed 100 percent of the
total Charge billed to the property owner as specified in the application and the Water
Quality Protection Charge Credit Procedures Manual provided
2v
the Department.
ill .
The owner of [A]
~
property that does not contain a stormwater management system must
be
credited if that property is located within the same drainage area as another property
that contains a stormwater management system [if] for which the County does not
perform structural maintenance and both properties have the same owner. However, a
property owner must not receive a credit based on a calculatiol?- that exceeds the total
impervious area on the property for which the credit is issued.
[B.
The Director must award a maximum credit of 80 percent based on the volume of water treated
as specified in the application provided by the Department to the owner of a single family
residential property or agricultural property if the property contains a County approved
storrnwater management system that is maintained, by the property owner exclusively, in
accordance with the maintenance requirements of the Department of Environmental Protection.]
Application Schedule.
(1)
To receive the credit, the property owner must apply to the Director ofEnvironmental
Protection in a form prescribed by the Director not later than September 30 of the year
that payment ofthe Charge is due.
Once approved, the credit is valid for three years. To renew the credit, the property
owner must reapply to the Director
in
a form prescribed by the Director not later
than
September 30 of the year that payment of the Charge is due.
C.
(2)
D.
Credit Revocation.
ill
The Director ofEnvironmental Protection may revoke
~
credit granted under
this
Section
if
the property owner does not continue to take the measures needed to assure that the
stormwater management system remains
in
~
working condition
2v
correcting any
deficiencies discovered
2v
the Director during
~
maintenance inspection.
Revised
4/96
Page 8 of12
 PDF to HTML - Convert PDF files to HTML files
1
":,'.
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive • 101 Monroe Street • Rockville, Maryland 20850
Subject
Water Quality Protection Charge
Number
'12-16
Originating Department
Department ofEnvironmental Protection and Department of Finance
Effective Date
ill
The Director must not reinstate
i!
revoked credit until the property owner
has
sufficiently
corrected the deficiencies to fully satisfy the property owner's maintenance obligations
'under Section 19-28 of the Code.
E.
Appeals.
(1)
If the Director denies or revokes the credit, the property owner may seek reconsideration
of the Director's decision by submitting a written request for reconsideration with
supporting reasons to the Director within [10] 30 days after the date ofthe Director's
written decision.
If the Director does not approve the request for reconsideration, the property owner may
appeal the Director's final decision within [10] 30 days after the Director issues that
decision as provided in Chapter 2A, Article I, ofthe County Code.
(2)
19.35.01.06
A.
Billing and Payment
The Director must prepare and forward to the Director ofFinance the necessary data for
collecting the Water Quality Protection Charge from owners of property subject to the Charge.
The data must identify every parcel to be charged and include the amount of the Charge.
If
requested by the owner using the review and adjustment process outlined in Section 19.35.01.07,
the Director may consolidate under a single parcel any contiguous parcels owned by the same
legal owner. If the Director combines two or more parcels consisting individually of at least one
residential parcel and at least one nonresidential parcel, the Director must, for purposes of
calculating the Water Quality Protection Charge, treat the consolidated parcel as nonresidential
property.
The Director of Finance must include the Charge as a separate line item on the real estate tax bill
for each property subject to the Charge.
The Director of Finance must deposit all payments collected under this Section into a County
stonnwater management fund.
Interest on any overdue payment accrues according to the same schedule and at the same rate
charged for delinquent real property taxes until the owner has remitted the outstanding payment
and interest.
An
unpaid Charge is subject to all penalties and remedies that apply to unpaid real
property taxes. Any delinquent Charge is a lien against the property. The lien has the same
B.
_C.
D.
d3
Revised 4/96
Page 90f12
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive • 101 Monroe Street • Rockville, Maryland 20850
Subject
Water Quality Protection Charge
Originating Department
Department of Environmental Protection and Department ofFinance
Number
12-16
Effedive Date
priority as a lien imposed for nonpayment of real property taxes. The Charge must be collected
in
the same manner as real property taxes.
19.35.01.07
A.
Requests for Adjustment; Appeals
A property owner may request a review and adjustment of the Charge by petitioning the Director
in
writing, not later than September 30 ofthe year that payment of the Charge is due ifthe
property owner believes that the Charge has been assigned or calculated incorrectly.
When submitting a petition for review ofthe Charge, the property owner must include a detailed
statement ofthe basis for the petition and documents supporting the property owner's assertion
that the property should be assigned to a different classification, the impervious area
measurements used to calculate the ERUs for the property are incorrect, or the property is not
subject to the Charge under applicable law.
Within 60 days after receiving the petition, the Director must review the Charge assigned to the
property and make a written determination of whether the property owner's request for an
adjustment ofthe Charge should be granted or denied. The Director may request additional
information from the property owner that the Director reasonably believes will help the Director
decide whether the property owner is entitled to an adjustment.
If the Director concludes that the Charge was levied by mistake or resulted from an inaccurate
computation, the Director must submit the corrected data to the Department ofFinance with a
request for an adjustment to the property owner's bill. After receiving the Director's request, the
Director of Finance must make an appropriate adjustment based on the new data submitted by
the Director and refund any overpayment to the property owner.
If the Director concludes that some or all of the requested adjustment should be denied, the
property owner may seek reconsideration ofthe Director's conclusion by submitting a written
request for reconsideration with supporting reasons to the Director within [10] 30 days after the
date
ofthe Director's written decision.
If the Director does not approve the request for reconsideration, the property owner may appeal
the Director's final decision within [10] 30 days after the Director issues that decision as
provided in Chapter 2A, Article I, of the County Code.
B.
C.
D.
E.
F.
Revised
4/96
Page 10 of 12
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive • 101 Monroe
Stree~
Rockville, Maryland 20850
Subject
, Water Quality Protection Charge
Originating Department
Department of Enviromnental Protection and Department of Finance
Number
12-16
Effective Date
The County Board of Appeals is the designated authority charged with hearing and deciding all
appeals taken from the Director's final decision to deny any relief requested under this
regulation.
19.35.01.08 Requests for Exemption
A.
Before paying the Charge, the owner of residential property that is owner-occupied, or a
nonprofit organization that owns propertY subject to the Charge, may apply for a fmancial
hardship exemption from the Charge by submitting a written request to the Director of Finance
in a form prescribed by the Director not later than September 30 ofthe year when payment of the
Charge is due.
B.
(1)
To qualify for the exemption, the request submitted by
an
owner-occupant of residential
property must be accompanied by a copy ofthe owner-occupant's income tax returns
indicating that the property owner's gross household income did not exceed 170 percent
of the poverty guidelines published by the United States Department of Health and
Human Services for the year before payment ofthe Charge is due or verification that the
property owner meets eligibility criteria for receiving benefits under the Maryland
Energy Assistance Program for the year that payment of the Charge is due.
The request submitted by a nonprofit organization must be accompanied by the
organization's most recent federal tax return or other verification of total revenues
derived from the property for which the exemption is sought, as required
by
the Director
of Finance. To qualify for a partial exemption:
(i)
the amount of the Charge must exceed
0.2[%] percent of the organization's total revenues from the property for which the
exemption is sought for the year before payment ofthe Charge is due; and
(ii)
the
property for which the exemption is sought must be exempt from real property
ad
valorem
taxation under State law. The amount of the partial exemption is the amount of
the Charge that exceeds 0.2 percent ofthe nonprofit's total revenues derived from the
property.
(2)
C.
The Director of Finance must issue a written decision to grant or deny the exemption within 30
days after receiving the request.
Any exemption granted under this Section is only valid for the year that payment of the Charge
is due.
D.
Revised
4/96
Page 11 of 12
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive -101 Monroe Street· Rockville, Maryland 20850
Subject
Water Quality Protection Charge
Originating Department
Department of Environmental Protection and Department of Finance
E.
Number
12-16
Effective Date
If the Director of Finance denies the exemption, the property owner may seek reconsideration of
the Director's decision by submitting a written request for reconsideration with supporting
reasons to the Director within [10] 30 days after the date of the Director's written decision.
If
the Director of Finance does not approve the request for reconsideration, the property owner
may appeal the Director's final decision within [10] 30 days after the Director issues that
decision as provided in Chapter 2A, Article I, of the County Code.
F.
19.35.01.09
Requests for Grants
[A homeowners' association]
An
owner of an improved aircraft landing area that is exempt from .county
property taxes under Maryland Code. Tax-Property
Art.,
.§.
8-302, as amended, may apply for a grant to
offset all or part of the cost of the Charge[for any private maintenance road, as defined in Section
24B.00.02.02 ofthe Code of Montgomery County Regulations, which is eligible for State highway user
revenues, not including any parking lot,] by submitting a written application to the Director in a form
prescribed by the Director not later
than
September 30 of the year that payment of the Charge is due.
19.35.01.10
Severability
If a court holds that a portion of this regulation is invalid, the other portions remain in effect.
Isiah Leggett
County Executive
Revised
4/96
Page 12 of12