Harford County, MD Capital Charges

Within the Harford County Sanitary District, with the exception of the subdistricts and municipalities therein, there is hereby established a connection charge that shall be paid by all persons, firms and/or corporations who are required to pay a charge in accordance with the provisions established by law. The charge shall be graduated at a scale of $450 per EDU for sewerage connections and $650 per EDU for water connections. For purposes of calculating connection charges, each individual residential customer utilizing a 5/8" or 3/4" meter shall be considered 1 EDU and each individual residential customer utilizing a 1" meter shall be considered 2 EDU's. Connection charges for all other customers shall be calculated based upon peak demands of gallons per minute, number of fixture units served at peak demands, the ratio of peak demand to 30 fixture units (as base figure) and the size of the meter as follows:

(1)

Meter sizes shall be based upon the American Waterworks Association maximum safe operating capacities with a normal pressure entering the meter.

(2)

Peak instantaneous demand shall be based upon diversity curves for gallons per minute versus fixture units established by American Standards, National Plumbing Code, American Society of Mechanical Engineers (1955 Edition). Values beyond 500 gallons per minute shall be obtained by geometric extension.

(3)

Utilization of schedule. A specific connection rate shall be determined for a customer by establishing the customer's peak demand in terms of gallons per minute or the fixture unit count served at peak demand, by taking that information and locating the appropriate corresponding numbers on the schedule (the next higher number shall be used if the customer's number is not listed) and following the schedule line for the listed area connection rate.

Except as provided herein, for any residential property for which 2 or more water connection charges for construction of a single-family detached residence were paid between March 1, 2011 and the effective date of this Act, 1 water connection charge shall be refunded to the current property owner upon receipt by the County of a written request for refund submitted by June 30, 2012. Where the current owner received the property from a non-profit charitable organization, any refund provided pursuant to this section shall be paid to the entity which paid the water connection charge.

A charge shall be included in the gross total of each billing for water and sewer service that shall be a charge for depreciation of capital facilities. The depreciation allowance shall be 100% of the total actual depreciation expense as determined for the preceding fiscal year.

The County Executive shall ensure that appropriate tables/schedules are formulated, as have previously been established by law, reflecting the charges established in this Article to ensure that the tables/schedules shall be effective on the effective date of this law.

Fixtures. Fixtures are outlets for water in the customer's structure.

If for any reason the charges that are established by this section are declared to be unconstitutional or unenforceable, then, until new constitutional or enforceable charges are established by law, connections to the system shall be permitted only if the person requesting the connection agrees that the connections will be charged at the new rate when it is effective.

§ 256-45 Annual service area surtax.

[Amended by Bill Nos. 84-66; 85-63[1]]

The annual service area surtax is hereby repealed for all properties within the Harford County Sanitary District, as follows:

Water Meter Size (inches)	Annual Service Area Surtax
5/8	$0
3/4	$0
1	$0
1 1/4	$0
1 1/2	$0
2	$0
3	$0
4	$0
6	$0

[1]

Editor's Note: Section 2 of Bill No. 85-63 provided that "for the purpose of implementing the repeal of the annual service area surtax, the repeal shall take effect with the county's billing cycle commencing February 1, 1986."

§ 256-45.1 Surcharge for water and sewers.

[Added by Bill No. 87-19; amended by Bill No. 11-59]

A surcharge is hereby established on every water and sewer connection as follows:

(1)

$450 per EDU for water.

(2)

$100 per EDU for sewer.

The surcharge shall be paid prior to issuance of the plumbing permit and may be financed in accordance with § 256-12 of this chapter.

The surcharge shall be paid for all connections, notwithstanding the fact that there may have been an area charge credit.

The surcharge shall be in addition to any other charges and fees as provided for in this chapter, and shall be calculated in a manner consistent with Section 256-44 of this chapter.

Except as provided herein, for any residential property for which 2 or more water surcharges for construction of a single-family detached residence were paid between March 1, 2011 and the effective date of this Act, 1 water surcharge shall be refunded to the current property owner upon receipt by the County of a written request for refund submitted by June 30, 2012. Where the current owner received the property from a non-profit charitable organization, any refund provided pursuant to this section shall be paid to the entity which paid the water surcharge.

§ 256-45.2 User benefit assessment.

[Added by Bill No. 87-19; amended by Bill Nos. 91-34; 11-59]

For the purpose of creating a fund to pay for the expansion, extension or reconstruction of the water and/or sewer system and to pay the amortization of any indebtedness incurred or nondebt bonds issued for the expansion, extension or reconstruction of said system there is hereby assessed and levied on and against all properties benefitted by connection made to county public facilities. The assessments shall be:

(1)

For properties connected to the water and/or sewer system between August 17, 1987 and December 31, 1991:

(a)

Water: $35 per EDU annually;

(b)

Sewer: $35 per EDU annually.

(2)

For properties connected to the water and/or sewer system after December 31, 1991:

(a)

Water: $70 per EDU annually.

(b)

Sewer: $70 per EDU annually.

The annual user benefit assessments commence on the effective date of this section and shall apply to all hookups made in the ensuing 25 years. Payments hereunder shall be made for a period of 25 years from the date of connection.

The assessment shall be imposed irrespective of whether the property served is within or without the county limits or is partially within or partially without the county limits.

The assessment shall be imposed against all properties benefited by the connections unless such assessments are precluded by contract or agreement with an authority, municipality or town within Harford County or private owner or unless otherwise provided by law.

The moneys collected hereunder shall be placed in the Water and Sewer Debt Service Fund and shall be used solely for the purpose of payment of the cost of expansion, extension or reconstruction of the water or sewer system and the payment of principal and interest on bonds or other amortization of indebtedness incurred for the purpose of such expansion, extension or reconstruction of the system. The assessment shall be a charge or a lien against the property served by said connection(s) and any default in the payment thereof shall be considered a lien upon the property so served and subject to foreclosure in a same manner as county real property taxes.

The assessment shall be in addition to any other charges and fees as provided for in this chapter, and shall be calculated in a manner consistent with Section 256-44 of this chapter.

For any residential property for which 2 or more water user benefit assessments for a single-family detached residence were paid between July 1, 2011 and the effective date of this Act, 1 water user benefit assessment shall be refunded to the current property owner upon receipt by the County of a written request for refund submitted by June 30, 2012.

§ 256-45.3 Surcharge for Sewer Capital Project 6400.

[Added by Bill No. 87-34; amended by Bill Nos. 92-19; 93-81; 97-27; 11-59]

A surcharge is hereby established within the Harford County Sanitary District on every sewer connection which utilizes facilities constructed by Sewer Capital Project 6400 as follows:

(1)

$3,325 per residential unit.

(2)

$6,000 per EDU for commercial, business or industrial connections.

The surcharge shall be paid as follows:

(1)

Residential units. The owner of each residential unit shall have the option of paying the Route 40 Joppa Sewer surcharge on an annual basis of $233.00 per year for a term of 20 years as an alternative to the lump sum payment. The option to pay the charge for 20 years must be exercised:

(a)

By connecting to the system within 3 years of the effective date of County Council Bill No. 93-81; or

(b)

For those properties with existing private sewer facilities as of the effective date of County Council Bill No. 93-81 and with no available access to the public sewer system as of that date, by connecting to the system within 3 years after connection to the system is available for the property; or

(c)

For those properties which did not have existing private sewer facilities as of the effective date of County Council Bill No. 93-81, and which have access to sewer utility service lines made operational on or before March 7, 1997, and which paid all applicable water and sewer charges and fees on or before March 7, 1997 at the rates in effect at the time of payment, by connecting to the system prior to September 8, 1998. Applicable water and sewer charges and fees include area connection charges, connection charges, surcharges and all other fees required at or prior to the time of connection for water and sewer service in accordance with the Harford County Code, as amended, and any rules and regulations adopted thereto.

(2)

Commercial, business or industrial units. The owner of each commercial, business or industrial unit shall have the option of paying the Route 40 Joppa Sewer surcharge on an annual basis of $420.00 per year for a term of 20 years as an alternative to the lump sum payment. The option to pay the charge for 20 years must be exercised:

(a)

By connecting to the system within 3 years of the effective date of County Council Bill No. 93-81; or

(b)

For those properties with existing private sewer facilities as of the effective date of County Council Bill 93-81 and with no available access to the public sewer system as of that date, by connecting to the system within 3 years after connection to the system is available for the property.

(3)

In order to exercise the option of paying the surcharge on an annual basis for a term of 20 years, the owner of a residential or commercial business or industrial unit shall connect to the public sewer facilities or the owner of a residential unit shall pay all applicable fees within the 3-year period required by this subsection and shall begin annual payments on July 1st following the date of connection. The option of paying the surcharge on an annual basis for a term of 20 years may be exercised only at the time of connection or payment of fees.

(4)

If the option to pay the surcharge on an annual basis is not exercised within the time required by this subsection, the lump sum payment specified in Subsection A of this section shall be paid at the time of payment of the area connection charge.

(5)

Changes in use. The option to pay the Route 40 Joppa Sewer surcharge on an annual basis or in one lump sum payment does not preclude additional Route 40 Joppa Sewer surcharge fees or other fees as adopted based on fixture count should a property's use change to increase the equivalent connected units.

The surcharge shall be in addition to any other charges and fees as provided for in this chapter, and shall be determined in a manner consistent with Section 256-44 of this chapter.

For the purposes of this section, "residential" shall include but not be limited to each single-family detached, semi-detached, townhome, condominium and apartment dwelling.

§ 256-45.4 System development fee for water and sewer.

[Added by Bill No. 91-36; amended by Bill No. 11-59]

A system development fee is hereby established as an additional fee on every water and/or sewer connection as follows:

[Amended by Bill. No. 20-002]

(1)

The water system development fee per EDU is currently $4,194, which shall be increased annually each July 1 by 4.5%.

(2)

The sewer system development fee per EDU is currently $8,669, which shall be increased annually each July 1 by 4.5%.

Except as provided in Subsections E, F, and G of this section, the water and/or sewer system development fees shall be paid prior to the issuance of the sewer and/or water plumbing permit for connection. The water and/or sewer mains shall be approved and executed as operational by the Department of Public Works prior to the issuance of the sewer and/or water plumbing permit for connection.

The water and/or sewer system development fees shall be paid for all connections, notwithstanding the fact that there may have been an area charge credit.

The water and/or sewer system development fees may be financed in accordance with Section 256-12A of this chapter.

For those properties which are part of a legislatively approved water and/or sewer petition and are improved by an existing residential or commercial structure, the water system development fee and/or the sewer system development fee is not applicable, so long as connection is made within 3 years after the system has been approved as operational and available for property connection. This exemption applies only to those properties which, as of May 1, 1991 have requested a water and/or sewer petition through the Department of Public Works, which has resulted in a legislatively approved petition as of March 31, 1992. Reconstruction, new construction, or a change in use that results in an increase in fixture count shall be subject to connection charges, surcharges, the water system development fee, the sewer system development fee and other fees and charges in effect at the time of the issuance of the plumbing permit for connection.

The water system development fee and/or the sewer system development fee shall not apply to a building or structure for which:

(1)

A county building permit application has been accepted on or before September 30, 1991;

(2)

A county plumbing permit has been issued on or before December 31, 1991; and

(3)

A plumbing roughing-in inspection has been conducted and approved by the Department of Inspections, Licenses and Permits on or before February 28, 1992.

If for any reason the water and sewer development fees required by this section for a building or structure have not been paid before a certificate of use and occupancy has been issued for the building or structure and the building or structure does not qualify for an exemption under Subsections E or F of this section, the development fees shall be paid before the certificate of use and occupancy is issued.

This section of the Code applies to the Harford County Sanitary District and all sanitary subdistricts other than the Swan Creek Sewer Sanitary Subdistrict established by the Harford County Law.

The water system development fee and/or sewer system development fee shall be in addition to any other charges and fees as provided for in this chapter, and shall be determined in a manner consistent with Section 256-44 of this chapter.

Except as provided herein, for any residential property for which 2 or more water system development fees for construction of a single-family detached residence were paid between March 1, 2011 and the effective date of this Act, 1 water system development fee shall be refunded to the current property owner upon receipt by the County of a written request for refund submitted by June 30, 2012. Where the current owner received the property from a non-profit charitable organization, any refund provided pursuant to this section shall be paid to the entity which paid the water system development fee.

§ 256-45.5 Biological nutrient removal fee.

[Added by Bill No. 95-42]

A biological nutrient removal (BNR) fee is hereby established as an additional fee charged to the following Harford County Sewer System customers:

(1)

All residential, commercial and industrial sewer customers, with the exception of Spring Meadows, Swan Creek and Harford System customers, who are connected to the Harford County Sewer System who pay a quarterly usage charge for sewer service;

(2)

All customers, with the exception of Spring Meadows, Swan Creek and Harford System customers, who are connected to the Harford County Sewer System and who pay a flat rate sewer charge for the service;

(3)

All customers that are connected to the Harford County Sewer System that pay a wholesale sewer usage charge for the service;

(4)

All customers that pay a septage user charge;

(5)

All customers that are connected to the Harford County Sewer System that pay a sewer usage charge pursuant to a municipal contract.

(6)

Any current or future customer, with the exception of Spring Meadows, Swan Creek and Harford System customers, that receives sewer service or sewage disposal service from Harford County.

The BNR fee shall be calculated as follows:

(1)

Terms:

(a)

Annual BNR debt payment - The annual debt payment that Harford County incurs to repay the capital construction costs to install the biological nutrient removal process at the Sod Run Wastewater Treatment Plant.

(b)

Annual billable sewer usage - The total annual amount of sewage delivered to the Sod Run Wastewater Treatment Plant for which the county bills its customers, based in fiscal years and expressed in thousands of gallons. The previous fiscal year's annual billable sewer usage shall be used in calculating the BNR fee for the current fiscal year.

(c)

BNR fee - The fee, expressed in dollars per 1,000 gallons, charged to each customer shall not exceed $.25 per 1,000 gallons.

(d)

BNR charge - The total amount billed to each customer based upon the customer's sewer usage.

(2)

BNR fee formula is stated: annual BNR debt payment ÷ annual billable sewer usage = BNR fee ($/1,000 gals.)

(3)

Application of the BNR fee:

(a)

Each customer's quarterly sewer bill shall include a BNR charge calculated as follows: customer's quarterly sewer usage x BNR fee = BNR charge

(b)

For customers who are subject to a flat rate sewer charge, the BNR charge shall be calculated as follows: 18,000 gal. x BNR fee = BNR charge

(4)

Yearly recalculation of the BNR fee: The BNR fee shall be recalculated annually at the beginning of each new fiscal year. The annual billable sewer usage for the previous fiscal year shall be used to calculate the current fiscal year's BNR fee.

(5)

Effective start date of the BNR fee: The BNR fee shall be applied beginning in the first quarterly billing cycle after the capability for biological nutrient removal has been installed at Sod Run Wastewater Treatment Plant and has been declared operational. If the annual BNR debt payment is not finalized by the effective start date, an estimated annual BNR debt payment shall be used.

(6)

Term for the BNR fee: The BNR fee shall remain in effect until the total debt service is retired for the biological nutrient removal capital construction project.

(7)

The BNR fee received shall be dedicated to pay the principal and interest incurred by the county for the construction of the biological nutrient removal process.

§ 256-45.6 Enhanced nutrient removal (ENR) fee.

[Added by Bill No. 12-13]

An enhanced nutrient removal (ENR) fee is hereby established as an additional fee charged to the following Harford County sewer system customers:

(1)

All sewer customers, with the exception of Spring Meadows, Swan Creek, Harford System and Whiteford/Cardiff customers, who are connected to the Harford County sewer system who pay a quarterly usage charge for sewer service.

(2)

All customers, with the exception of Spring Meadows, Swan Creek, Harford System and Whiteford/Cardiff customers, who are connected to the Harford County sewer system and who pay a flat rate sewer charge for the service.

(3)

All customers that are connected to the Harford County sewer system that pay a wholesale sewer usage charge for the service.

(4)

All customers that pay a special sewer use fee for discharging wastes hauled to an ENR plant.

(5)

All customers that are connected to the Harford County sewer system that pay a sewer usage charge pursuant to a municipal or intergovernmental contract.

(6)

Any current or future customer, with the exception of Spring Meadows, Swan Creek, Harford System and Whiteford/Cardiff customers, that receives sewer service or sewage disposal service from Harford County.

The ENR fee shall be calculated as follows:

(1)

Terms:

(a)

Annual ENR debt payment – The annual debt payment that Harford County incurs to repay the capital project costs to install the enhanced nutrient removal process at the Sod Run and Joppatowne wastewater treatment plants.

(b)

Annual billable sewer usage – The total annual amount of sewage delivered to the Sod Run and Joppatowne wastewater treatment plants for which the County bills its customers, based in fiscal years and expressed in thousands of gallons. The previous fiscal year's annual billable sewer usage shall be used in calculating the ENR fee for the current fiscal year.

(c)

ENR rate – The rate, expressed in dollars per 1,000 gallons, charged to each customer which shall not exceed $.25 per 1,000 gallons.

(d)

ENR fee – The total amount billed to each customer for ENR based upon the customer's sewer usage.

(2)

ENR rate formula is stated: Annual ENR debt payment ÷ annual billable sewer usage (expressed in units of thousands of gallons (KGAL)) = ENR rate ($/KGAL).

(3)

Application of the ENR rate:

(a)

Each customer's quarterly sewer bill shall include an ENR fee calculated as follows: Customer's quarterly sewer usage (expressed in KGAL) x ENR rate = ENR fee.

(b)

For customers who are subject to a flat rate sewer charge, the ENR fee shall be calculated as follows: 18 KGAL x ENR rate = ENR fee.

(4)

Yearly recalculation of the ENR rate: The ENR rate shall be recalculated annually at the beginning of each new fiscal year. The annual billable sewer usage for the previous fiscal year shall be used to calculate the current fiscal year's ENR rate. If no debt service was paid in the previous year, the last calculated ENR rate shall remain in effect until the total debt service is recovered.

(5)

Effective start date of the ENR fee: An ENR fee shall be applied beginning in the first quarterly billing cycle after the capability for the enhanced nutrient removal process has been installed at both the Sod Run and Joppatowne wastewater treatment plants and has been declared operational. If the annual ENR debt payment is not finalized by the effective start date, an estimated annual ENR debt payment shall be used.

(6)

Term for the ENR fee: An ENR fee shall remain in effect until the total debt service is retired for the enhanced nutrient removal capital projects.

(7)

ENR fees received by the County shall be dedicated to pay the principal and interest incurred by the County for the construction of the enhanced nutrient removal projects.