Expedited Bill No.
___,_1_,_1-_,_16=-------
Concerning: Stormwater Management -
Water Quality Protection Charge-
Grants-Credits
Draft No. 3
Revised:
6/28/2016
Introduced:
April 5.
2016
Enacted:
June
28 2016
Executive:
July 7.
2016
Effective: ·
July 7.
2016
Sunset Date:
~N~o~n~e
_ _ _ _ __
Ch .
..1.Q_,
Laws.of Mont. Co.
2016
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 timeframe 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
Sectioris 19-21.
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.
Deleted from existing law by original bill.
Added by amendment.
Deleted.from existing law or the bill by amendment.
Exist.ing 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
2
3
4
Sec.
1.
Sections 19-21. 19-29A:! and 19-35 are amended as follows:
19-21. Definitions.
In this Article, the following words and phrases have the following
meanings unless the context indicates otherwise:
5
6
7
8
9
10
11
*
*
*
A capital improvement
Stormwater management participation project:
proiect in which both the County and the property owner iointly fund the
construction of a regional stormwater management facility intended to
benefit properties in addition to those belonging to the property owner.
*
*
*
*
*
cost
[to
eligible
19-29A. Watershed restoration grants program.
12
13
(
c)
*
The Director of Environmental Protection may also establish a
supplemental grant program to offset the
14
15
16
17
18
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
20
21
22
23
24
25
26
27
·
19-35.
Water Quality Protection Charge.
*
(e)
(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:
-2-
 PDF to HTML - Convert PDF files to HTML files
I
I
EXPEDITED BILL
No. 11-16
28
[(A) the property contains a storrhwater management system
that is not maintained by the County;
(B)
the owner participates in a County-approved water
quality management practice or initiative;]
[(C)] (A)
the property contains
f!
stormwater management system
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]]
[(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
[[or]]
owner~
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(Q
the property contains a stormwater management system
built
as
part
of a
County-approved
stormwater
management participation proiect; or
Qll
the property does not contain a stormwater management
system. but is located in the same drainage area as a
property containing a stormwater management system
built
as
part
of a
County-approved
stormwater
47
48
49
50
management participation project and both properties
have the same owner.
(2)
To receive the credit, the property owner must apply to the
Director of Environmental Protection in a form prescribed by
the Director not later than September 30 of the year that
-3-
51
52
53
54
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EXPEDITED BILL
No. 11-16
55
56
57
payment of the Charge is due. Any credit granted under this
subsection is valid for 3 years.
ill
The Director of Environmental Protection may revoke
granted under paragraph
~
credit
58
59
60
61
62
63
64
65
66
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
by
correcting any deficiencies discovered
by
the
Director during
not reinstate
~
~
maintenance inspection. The Director must
revoked credit until the property owner has
sufficiently corrected the deficiencies to fully satisfy the
property owner's maintenance obligations under Section 19-28.
[(3)]
ill
The owner of an owner-occupied residential property, or any
non-profit organization that can demonstrate
substantial
67
68
69
70
71
72
73
74
75
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.
*
(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 Directcfr's decision to the County Board of
Appeals within [10] 30 days after the Director issues the decision.
-4-
76
77
78
79
80
81
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No. 11-16
82
83
84
85
(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 [IO] 30 days after the Director
issues the decision.
86
87
88
*
Sec. 2.
*
*
The Council declares that this
Expedited Effective Date:
89
90
91
legislation is necessary for the immediate protection of the public interest. This
Act takes effect on the date on which it becomes law.
Approved:
.--;-
92
Nancy Floreen,
esident, County Council
~~
Date
Approved:
OLO/b
93
94
95
96
~
~/?;,
U
kiJo1~
Date
Date
This is a correct copy of Council action.
Linda M. Lauer, Clerk of the Council
~
~
(, do/h
-5-
 PDF to HTML - Convert PDF files to HTML files
Expedited Bill No.
___,_1_,_1-_,_16=-------
Concerning: Stormwater Management -
Water Quality Protection Charge-
Grants-Credits
Draft No. 3
Revised:
6/28/2016
Introduced:
April 5.
2016
Enacted:
June
28 2016
Executive:
July 7.
2016
Effective: ·
July 7.
2016
Sunset Date:
~N~o~n~e
_ _ _ _ __
Ch .
..1.Q_,
Laws.of Mont. Co.
2016
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 timeframe 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
Sectioris 19-21.
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.
Deleted from existing law by original bill.
Added by amendment.
Deleted.from existing law or the bill by amendment.
Exist.ing 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
2
3
4
Sec.
1.
Sections 19-21. 19-29A:! and 19-35 are amended as follows:
19-21. Definitions.
In this Article, the following words and phrases have the following
meanings unless the context indicates otherwise:
5
6
7
8
9
10
11
*
*
*
A capital improvement
Stormwater management participation project:
proiect in which both the County and the property owner iointly fund the
construction of a regional stormwater management facility intended to
benefit properties in addition to those belonging to the property owner.
*
*
*
*
*
cost
[to
eligible
19-29A. Watershed restoration grants program.
12
13
(
c)
*
The Director of Environmental Protection may also establish a
supplemental grant program to offset the
14
15
16
17
18
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
20
21
22
23
24
25
26
27
·
19-35.
Water Quality Protection Charge.
*
(e)
(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:
-2-
 PDF to HTML - Convert PDF files to HTML files
I
I
EXPEDITED BILL
No. 11-16
28
[(A) the property contains a storrhwater management system
that is not maintained by the County;
(B)
the owner participates in a County-approved water
quality management practice or initiative;]
[(C)] (A)
the property contains
f!
stormwater management system
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]]
[(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
[[or]]
owner~
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(Q
the property contains a stormwater management system
built
as
part
of a
County-approved
stormwater
management participation proiect; or
Qll
the property does not contain a stormwater management
system. but is located in the same drainage area as a
property containing a stormwater management system
built
as
part
of a
County-approved
stormwater
47
48
49
50
management participation project and both properties
have the same owner.
(2)
To receive the credit, the property owner must apply to the
Director of Environmental Protection in a form prescribed by
the Director not later than September 30 of the year that
-3-
51
52
53
54
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No. 11-16
55
56
57
payment of the Charge is due. Any credit granted under this
subsection is valid for 3 years.
ill
The Director of Environmental Protection may revoke
granted under paragraph
~
credit
58
59
60
61
62
63
64
65
66
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
by
correcting any deficiencies discovered
by
the
Director during
not reinstate
~
~
maintenance inspection. The Director must
revoked credit until the property owner has
sufficiently corrected the deficiencies to fully satisfy the
property owner's maintenance obligations under Section 19-28.
[(3)]
ill
The owner of an owner-occupied residential property, or any
non-profit organization that can demonstrate
substantial
67
68
69
70
71
72
73
74
75
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.
*
(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 Directcfr's decision to the County Board of
Appeals within [10] 30 days after the Director issues the decision.
-4-
76
77
78
79
80
81
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No. 11-16
82
83
84
85
(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 [IO] 30 days after the Director
issues the decision.
86
87
88
*
Sec. 2.
*
*
The Council declares that this
Expedited Effective Date:
89
90
91
legislation is necessary for the immediate protection of the public interest. This
Act takes effect on the date on which it becomes law.
Approved:
.--;-
92
Nancy Floreen,
esident, County Council
~~
Date
Approved:
OLO/b
93
94
95
96
~
~/?;,
U
kiJo1~
Date
Date
This is a correct copy of Council action.
Linda M. Lauer, Clerk of the Council
~
~
(, do/h
-5-