House Bill 987 (HB 987) (2012)

In 2012, the Maryland General Assembly passed legislation (House Bill 987) requiring jurisdictions subject to a Phase I Municipal Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) permit (a federal stormwater permit) to adopt and implement local laws or ordinances necessary to establish a stormwater remediation fee by July 1, 2013. Carroll County is one of the ten jurisdictions in Maryland that was required to implement this program. The law was intended to create a stormwater utility and, through the fee, provide financial assistance to the local jurisdiction for the implementation of local stormwater management plans and permit requirements, such as stormwater management practices and stream and wetland restoration activities.

The law allowed for the stormwater remediation fee to capture all costs associated with a stormwater management program, including capital improvements (such as stormwater retrofits), operation and maintenance, public information and education, planning and mapping (such as watershed assessments), monitoring/inspection/enforcement, and administration.

For additional information on the requirements of HB 987, visit the Maryland Legislative Services website for the General Assembly:

 

Action by the Board of County Commissioners

On Thursday, June 27, 2013, the Board of County Commissioners passed a series of resolutions that do multiple things. It creates the Watershed Protection and Restoration Fund, which satisfies a requirement of HB 987. The resolutions also indicate that funds will be put in that Fund using general fund revenues, grants, etc. The amount of funds in that account are to be determined by the Board, informed by recommendation by staff regarding the level of funds needed for that year to adequately fund the stormwater program. These funds are considered the stormwater remediation allocation, are intended to constitute the stormwater fee, and are intended to demonstrate that the County is already meeting the funding requirements. Click on the link below to view the signed resolutions.

On February 28, 2014, the State accepted a proposal by Carroll County to resolve concerns about the County's approach to the stormwater fee requirement. The Board's approach results in no additional fees or tax rate increases for residents for the purpose of paying for a stormwater management fund. Rather, the County designates a portion of revenues under the existing tax rate each year based on the operating costs of the County's stormwater program. The letter from the State Attorney General's Office said this approach meets the requirements of the law. Click on the link below to view the letter from the Attorney General's Office.

 

Senate Bill 863 (SB 863) (2015)

In 2015, the Maryland General Assembly passed legislation (Senate Bill 863) revising the provisions originally signed into law through HB 987. The bill repealed the mandatory provision of the law to establish a fee to fund all or a portion of the jurisdiction's stormwater program (those jurisdictions holding a NPDES Phase I MS4 permit). Most of the other components of the law remain. In place of the fee, SB 863 mandated a jurisdiction to fully fund its stormwater program, not just a portion of the program. The sources of those funds may be determined by the jurisdiction.

In addition, the bill requires a Financial Assurance Plan (FAP) to be submitted to the Maryland Department of the Environment (MDE) every two years, whether a jurisdiction has a fee or not. The FAP must include much of the same information that is already required to be reported annually by the NPDES MS4 permit, although the format of the report and data is different between the two processes. The local jurisdiction must hold a public hearing and approve the FAP before submitting it to MDE for evaluation. MDE has 90 days to determine if funding is sufficient. MDE must report to the Governor and General Assembly annually on the status of each jurisdiction's funding. Additional penalties have been established (on top of the penalties that MDE and EPA may already assess for non-compliance with the permit) for jurisdictions not found to have adequate funding. The first report was due by July 1, 2016.

See the FAPs | WPRP Annual Reports webpage on the Protecting Carroll County Waters (NPDES) website for reports submitted to date.

For additional information on the requirements of SB 863, visit the Maryland Legislative Services website for the General Assembly:

 

Related U.S. Environmental Protection Agency Documents and Links: