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Session Laws, 1993
Volume 772, Page 2795   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                            Ch. 559

(F) THE WSSC SHALL PROVIDE A CREDIT AGAINST THE SYSTEM
DEVELOPMENT CHARGE IN AN AMOUNT NEGOTIATED BETWEEN THE WSSC AND A
DEVELOPER IF THE WSSC ALLOWS THE DEVELOPER TO:

(1) DO ON-SITE OR OFF SITE WORK THAT OTHERWISE WOULD BE
PERFORMED BY THE WSSC; OR

(2) MAKE PAYMENTS TOWARDS WATER AND SEWER BONDS.

(F) (1) THE WSSC MAY ALLOW A DEVELOPER TO DESIGN AND CONSTRUCT ANY
ON-SITE OR OFF-SITE FACILITIES NECESSARY FOR A PROTECT OF THE DEVELOPER, AS
LONG AS THOSE FACILITIES ARE IN THE WSSC CAPITAL IMPROVEMENT PROGRAM AND
THE 10-YEAR COMPREHENSIVE WATER SUPPLY AND SEWERAGE SYSTEM PLAN ADOPTED
BY ONE OF THE COUNTY COUNCILS, AND ARE DESIGNED, CONSTRUCTED, AND
INSPECTED IN ACCORDANCE WITH:

(I) THE STANDARDS UTILIZED BY THE WSSC; AND

(II) ALL APPLICABLE LAWS, REGULATIONS, AND WRITTEN POLICIES
OF THE WSSC.

(2) AFTER THE WSSC APPROVES FACILITIES CONSTRUCTED BY A
DEVELOPER UNDER THIS SUBSECTION, THE WSSC SHALL:

(I) ACCEPT THE FACILITIES AS PART OF THE WSSC SYSTEM; AND

(II) SUBJECT TO THE PROVISIONS OF PARAGRAPH (3) OF THIS
SUBSECTION GRANT THE DEVELOPER A CREDIT AGAINST ANY CHARGE IMPOSED
UNDER THIS SECTION IN AN AMOUNT EQUAL TO THE COST OF CONSTRUCTING THOSE
FACILITIES.

(3) THE INTERNAL AUDITOR OF THE WSSC SHALL REVIEW AND APPROVE
THE COSTS INCURRED BY THE DEVELOPER.

(4) THE WSSC AND THE DEVELOPER SHALL ENTER INTO AN AGREEMENT
INCORPORATING THE PROVISIONS OF THIS SUBSECTION.

(5) IF THE WSSC REJECTS A DEVELOPER'S REQUEST TO DESIGN AND
CONSTRUCT FACILITIES UNDER THIS SUBSECTION, THE WSSC SHALL SUBMIT TO THE
DEVELOPER A WRITTEN EXPLANATION OF THE REASONS FOR THE REJECTION.

(6) THE WSSC SHALL SUBMIT A REPORT AT THE END OF EACH FISCAL YEAR
TO THE HOUSE AND SENATE DELEGATIONS OF BOTH COUNTIES AND TO THE COUNTY
COUNCILS. THE REPORT SHALL STATE THE NUMBER OF REQUESTS MADE BY
DEVELOPERS UNDER THIS SUBSECTION INCLUDING THE NUMBER OF ACCEPTANCES
AND REJECTIONS BY THE WSSC AND THE JUSTIFICATION FOR ANY REJECTIONS.

SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December
31, 1993, the Washington Suburban Sanitary Commission shall prepare and present to the
County Councils, the County Executives, and the Legislative Delegations of Montgomery
County and Prince George's County a report presenting a WSSC plan to reduce WSSC's
long-term debt over the next 5 years to a level whereby, at the end of the 5-year period,
not more than 40% of the WSSC's operating budget would be required for debt service.

- 2795 -

 

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Session Laws, 1993
Volume 772, Page 2795   View pdf image
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