Worcester County, MD
 
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Table of Contents
Table of Contents

§ PW 5-201 Establishment of Department of Public Facilities and Services.

[Added 10-5-1993 by Bill No. 93-19; amended 2-8-1994 by Bill No. 94-3; 4-20-1999 by Bill No. 99-2]
There is hereby created the Department of Public Facilities and Services which shall be assigned such functions as provided for in this Subtitle. Until such time as additional functions beyond water and wastewater services are assigned to said Department, the Department may be referred to as the "Department of Public Works - Water and Wastewater Services Division." For the purpose of this Subtitle, the term "Department" shall refer to said Department.

§ PW 5-202 Organization and functions of Department.

[Added 10-5-1993 by Bill No. 93-19; amended 2-8-1994 by Bill No. 94-3; 4-20-1999 by Bill No. 99-2]
(a) 
Organization of Department. The Department shall be managed and supervised by the Public Works Director, or his designee, who shall be the Department head and who shall be appointed by the County Commissioners as provided for in the County Personnel Rules and Regulations. The Department shall be assigned such employees and such equipment and facilities as determined by the County Commissioners to be necessary and appropriate to carry out the functions of the Department.
(b) 
Functions of Department. The Department shall be responsible for the construction, maintenance, repair, service and management of such water supply facilities and projects and such wastewater collection, treatment and disposal facilities projects which are owned by the county or for which the county is responsible pursuant to Subtitle I of this Title. The County Commissioners may also assign such other functions to the Department as they shall, from time to time, determine.
(c) 
Services to be provided by service area. Water and wastewater facilities and services shall be provided and managed on the basis of separate service areas or shared facility areas which shall be established as provided by law or by resolution of the County Commissioners. The revenues and expenditures for each such area shall be accounted for in a separate enterprise fund in accordance with the financial management rules of the county, and charges and fees shall be levied against the benefited properties in each area sufficient to pay the operating expenses and debt service associated with each separate area; provided, however, that the County Commissioners may, in their discretion, make grants or loans from the general fund of the county to any such enterprise fund as they may determine to be necessary and appropriate.

§ PW 5-203 Abolishment of Sanitary District and Commission.

[Added 10-5-1993 by Bill No. 93-19]
(a) 
Abolishment. Pursuant to the provisions of the Annotated Code of Maryland, Article 25B, § 13E(d), the Worcester County Sanitary District and Worcester County Sanitary CommissionThe Sanitary Commission was abolished by Bill No. 93-19. are hereby abolished.
(b) 
Continuation of existing service areas. All legally established water or sewer service areas created by the Sanitary Commission[1] as of the date of abolishment shall continue in existence as separate service areas for water and sewer service, and the revenues, expenses, assets, liabilities and debt of each service area shall be accounted for in separate enterprise funds for each of said service areas.
[1]
The Sanitary Commission was abolished by Bill No. 93-19.
(c) 
Assumption of debt. As of the effective date of the abolishment of the Sanitary District, all outstanding bonds of the district are hereby assumed by the County Commissioners and the full faith and credit of the County Commissioners is hereby pledged to meet the debt service requirements on all such bonds. For the purpose of paying the principal and interest on all such debt, the County Commissioners shall continue to assess and collect front footage benefit assessments and connection charges against all real property in each of the respective service areas existing at the time of the abolishment as necessary to retire the bonds which were issued for the benefit of such service area. The County Commissioners may provide, by resolution, for any such additional provisions as may be necessary to effect the assumption of said debt and the payment of the principal and interest on said debt. The County Commissioners may also provide for the refunding or refinancing of any such outstanding bonds in such manner as they shall determine.
(d) 
Assumption of assets. All assets of the Sanitary District and the Sanitary Commission* shall be transferred to the County Commissioners, and all liabilities of the Sanitary District and the Sanitary Commission[2] are hereby assumed by the County Commissioners. Until the effective date of the abolishment, the Sanitary Commissioners* shall serve as trustees of the assets of the Sanitary District and shall, upon the effective date of the abolishment, execute all necessary documents to transfer the assets of the district to the County Commissioners.
[2]
The Sanitary Commission was abolished by Bill No. 93-19.
(e) 
Transfer of property. All real and personal property of the Sanitary District shall be transferred to the County Commissioners. Until the effective date of the abolishment, the Sanitary Commissioners shall serve as trustees of the property of the Sanitary District and shall, upon the effective date of the abolishment, execute all necessary documents to transfer the property of the district to the County Commissioners.
(f) 
Responsibilities for agreements. Any legal and legally enforceable agreement entered into by the Sanitary District or Sanitary Commissioners* in effect as of the effective date of the abolishment shall be assigned to the County Commissioners, and the County Commissioners shall be responsible for enforcing and carrying out the provisions of said agreement.
(g) 
Continuance of rules and regulations. Upon the effective date of the abolishment, all orders, rules and regulations of the Sanitary district and the Sanitary Commission* shall continue in effect and shall be enforceable by the County Commissioners until revoked or modified by resolution of the County Commissioners.
(h) 
Revenues. Any revenues of the Sanitary District which were collected and dedicated for a specific purpose shall continue to remain dedicated for said purpose and shall not be transferred to the general fund of the county. Such revenues shall be credited to a separate fund as directed by the County Commissioners.
(i) 
Pending matters. The County Commissioners may continue all matters which were pending before the Sanitary District and the Sanitary Commission* as of the effective date of the abolishment, and if continued, the County Commissioners shall direct the completion of such matters by the Department.
(j) 
Employees. All employees of the Sanitary District employed on the effective date of the abolishment shall become employees of the County Commissioners. The salary level, retirement benefit, insurance benefit, seniority level and other vested employee benefits of each of such employees shall not be reduced upon the transfer to county employment, but each such employee shall be subject in all other aspects to the personnel rules and regulations of the county. For the purpose of this subsection, the Sanitary Commissioners* are not considered as employees of the Sanitary District.

§ PW 5-204 Powers of County Commissioners.

[Added 10-5-1993 by Bill No. 93-19]
(a) 
Exercise powers of Sanitary District. Upon the abolishment of the Sanitary District and Sanitary Commission,[1] the County Commissioners shall exercise all the powers of a water or sewer authority or Sanitary District or Commission.
[1]
The Sanitary Commission was abolished by Bill No. 93-19.
(b) 
Power to regulate, acquire, operate and set fees. The County Commissioners may:
(1) 
Adopt, by resolution, regulations for water and sewerage management.
(2) 
Acquire, construct, operate and maintain water and sewerage systems as the County Commissioners consider to be in the public interest and necessary to protect the general health and welfare.
(3) 
Set, by resolution, rates, fees and assessments for water and sewerage services and benefits.

§ PW 5-205 Water and Sewer Advisory Board.

[Added 10-5-1993 by Bill No. 93-19]
There is hereby created a Water and Sewer Advisory Board.
(a) 
Appointment; term; compensation. There shall be five members of said Advisory Board who shall be appointed by the County Commissioners for four-year terms; provided, however, that the initial terms may be for less than four years in order to create staggered terms. Said Board members shall receive no compensation but may receive an expense allowance, as may be authorized in the budget by the County Commissioners, for attendance at meetings.
(b) 
Duties. The Advisory Board shall have the following responsibilities and duties:
(1) 
Advise the County Commissioners on the water and sewer needs of the county. Review amendments to the County Water and Sewerage Plan. Make recommendations to the County Commissioners on policies and procedures for the provisions of water and sewer services in the county. Review proposals for the creation of service areas and shared facilities and provide comments and recommendations to the County Commissioners.
(2) 
Review charges and fees for water and sewerage services and make recommendations to the County Commissioners for changes in fees.
(3) 
Review proposed annual budget of the Department, as prepared by the Public Works Director, or his designee, and provide comments and recommendations on said budget.
[Amended 4-20-1999 by Bill No. 99-2]
(4) 
Such other additional duties as may be assigned, from time to time, by the County Commissioners.
(c) 
Removal of members. The County Commissioners may remove any member of the Water and Sewer Advisory Board from office for misconduct, incompetency, neglect of duty or other sufficient cause upon written charges and after a hearing after at least fifteen days notice.