Ch. 428                                    2004 LAWS OF MARYLAND

HOLDING TANK THAT RECEIVES A WATER BILL, A BUILDING OR GROUP OF
BUILDINGS UNDER SINGLE OWNERSHIP OR MANAGEMENT THAT RECEIVES A WATER
AND SEWER BILL AND THAT CONTAINS MULTIPLE RESIDENTIAL DWELLINGS THAT
DO NOT RECEIVE AN INDIVIDUAL SEWER BILL, AND A NONRESIDENTIAL USER, THE
RESTORATION FEE SHALL BE:

1. STATED IN A SEPARATE LINE ON THE SEWER OR WATER
BILL, AS APPROPRIATE, THAT IS LABELED "BAY, RESTORATION FEE"; AND

2. COLLECTED FOR EACH CALENDAR QUARTER, UNLESS A
LOCAL GOVERNMENT OR BILLING AUTHORITY FOR A WATER OR WASTEWATER
FACILITY ESTABLISHED SOME OTHER BILLING PERIOD ON OR BEFORE JANUARY 1,
2004.

(II) 1. A IF THE USER DOES NOT RECEIVE A WATER BILL, FOR
USERS OF AN ONSITE SEWAGE DISPOSAL SYSTEM AND FOR USERS OF A SEWAGE
HOLDING TANK, THE COUNTY IN WHICH THE ONSITE SEWAGE DISPOSAL SYSTEM OR
HOLDING TANK IS LOCATED SHALL BE RESPONSIBLE FOR COLLECTING THE
RESTORATION FEE SHALL BE COLLECTED BY THE METHOD AND FREQUENCY
DETERMINED APPROPRIATE BY THE DEPARTMENT.

B. A COUNTY MAY NEGOTIATE WITH A MUNICIPAL
CORPORATION LOCATED WITHIN THE COUNTY FOR THE MUNICIPAL CORPORATION
TO COLLECT THE RESTORATION FEE FROM ONSITE SEWAGE DISPOSAL SYSTEMS
AND HOLDING TANKS LOCATED IN THE MUNICIPAL CORPORATION.

2. THE GOVERNING BODY OF EACH COUNTY, IN
CONSULTATION WITH THE BAY RESTORATION FUND ADVISORY COMMITTEE, SHALL
DETERMINE THE METHOD AND FREQUENCY OF COLLECTING THE RESTORATION
FEE UNDER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH.

(3)     THE TOTAL FEE IMPOSED UNDER PARAGRAPH (1) OF THIS
SUBSECTION MAY NOT EXCEED $120,000 ANNUALLY FOR A SINGLE SITE.

(4)      (I) FOR PURPOSES OF MEASURING AVERAGE DAILY WASTEWATER
FLOW, THE LOCAL GOVERNMENT OR BILLING AUTHORITY FOR A WASTEWATER
FACILITY SHALL USE EXISTING MEASURING METHODS METHODS OF
MEASUREMENT, WHICH MAY INCLUDE WATER USAGE OR OTHER ESTIMATION
METHODS.

(II) THE AVERAGING PERIOD IS:

1.       THE BILLING PERIOD ESTABLISHED BY THE LOCAL
GOVERNMENT OR BILLING AUTHORITY; OR

2.       IF A BILLING PERIOD IS NOT ESTABLISHED BY THE LOCAL
GOVERNMENT OR BILLING AUTHORITY, A QUARTER OF A CALENDAR YEAR

(IV) (C) A NONRESIDENTIAL USER OF A WASTEWATER FACILITY IS
EXEMPT FROM PAYING THE SURCHARGE RESTORATION FEE IF:

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