Marvin Mandel, Governor 1139
Edition), and Section 71-36A(b) of the Montgomery County Code
(1965 Edition), being Articles 17 and 16, respectively, of the Code
of Public Local Laws of Maryland, titled "Prince George's County"
and "Montgomery County," both subtitled "Washington Suburban
Sanitary District," to make editorial changes in the section re-
lating to the construction and maintenance of storm drainage
facilities by making a part of that section the provision which has
already been enacted relative to the jurisdiction of the Washing-
ton Suburban Sanitary Commission in that part of Montgomery
County in the City of Takoma Park, to provide that where a per-
mit is required for storm drainage construction and it is not ob-
tained the Commission may, upon ascertainment of the fact, re-
quire corrective measures, and providing penalties for the viola-
tion of the section's provisions.
Section 1. Be it enacted by the General Assembly of Maryland,
That Section 83-86A(b) of the Code of Public Local Laws of Prince
George's County (1963 Edition), and Section 71-36A(b) of the
Montgomery County Code (1965 Edition), being Articles 17 and 16,
respectively, of the Code of Public Local Laws of Maryland, titled
"Prince George's County" and "Montgomery County," both subtitled
"Washington Suburban Sanitary District," be and they are hereby
repealed and re-enacted, with amendments, to read as follows:
83-86A. (71-36A). Storm and surface water drainage: Prince
George's County and portion of Montgomery
County in the City of Takoma Park.
(b) Approval of plans. Except as hereinafter specified, no storm
or surface water drainage system, or part thereof, and no connection
with an existing system or part thereof, shall be constructed or in-
stalled by any person, firm or corporation in the Washington Sub-
urban Sanitary District portion of Prince George's County and that
part of Montgomery County in the City of Takoma Park which re-
mains under the jurisdiction of the Washington Suburban Sanitary
Commission with respect to storm drainage construction and mainte-
nance under the provisions of the Storm Drainage Transfer Act
(Chapter 703, Acts of 1968), unless the plans and specifications
therefor have first been approved by the Commission. The construc-
tion, and maintenance items if any are required by the permit,, shall
be in conformity with the plans and specifications as approved. This
subsection shall not apply to any structures installed by an indi-
vidual for the protection of his home, unless such structure connects
to a drainage system or part thereof subject to the Commission's
control or unless such structure is installed in a drainage easement
theretofore established by plat or other dedication. Where under the
provision of this Section 83-86A (71-36A) a permit and approval for
construction is required or was required at the time of the construc-
tion, and a storm drainage system or part thereof is or was con-
structed without the required permit and approval, the Commission,
upon ascertainment of the illegal construction, may require the
owner or the party who constructed the drain, or the party who is
then responsible for the drain, to bring it into conformity with the
Commission's requirements hereunder, or failing conformity, may
require the same to be removed. A failure to comply with the Com-
mission's order shall be a violation of this section and subject the
|
|