A stormwater remediation fee is imposed on all properties located in Baltimore City and the owners of those properties. This subtitle does not apply to any property that is expressly exempted by the Enabling Law. The stormwater remediation fee is in addition to any other fee or charge that the City has the right to charge under any other law, rule, or regulation. Ord. 13-143

The fee for a single-family property is the flat rate determined by:the applicable tier category within which the property falls, as determined under subsection (b) of this section; the number of equivalent residential units (or “ERUs”) assigned to that tier; and the rate per ERU set in accordance with § 3-4 {“Initial rates”} or <cite data-path="|27|§3-5">§ 3-5 {“Subsequent rates”} of this subtitle</cite>. The tier categories for single-family properties are based on a property’s impervious surface area, as determined by the Department of Public Works. The tier categories are as follows:Tier 1 – property with impervious surface area less than or equal to 820 square feet. Tier 2 – property with impervious surface area greater than 820 square feet and less than or equal to 1,500 square feet. Tier 3 – property with impervious surface area greater than 1,500 square feet. If a property owner contests the property’s tier assignment and presents plat information, non-aerial photography, or non-aerial videography to support a claim that the property belongs in a lower tier, the Department must:demonstrate that the higher tier is correct; or failing to so demonstrate, make the requested correction. Ord. 13-143

This section applies to all properties in the City that are not single-family properties subject to § 3-2{“Assessment of base fee – Single-family properties”} of this subtitle. The fee for properties subject to this section is the rate per Equivalent Residential Unit (or “ERU”) set in accordance with § 3-4 {“Initial rates”} or <cite data-path="|27|§3-5">§ 3-5 {“Subsequent rates”} of this subtitle</cite> times the number of ERUs on the property. For this purpose, 1 ERU comprises 1,050 square feet of impervious surface area. For properties subject to this section, the following methods may be used, at the sole discretion of the Director of Public Works, to determine the impervious surface measurement of a property:geographic information systems analysis of aerial photographs; measurement from approved as-built engineering drawings that are signed and sealed by a professional engineer; field surveys that are signed and sealed by a professional engineer or professional land surveyor; and the use of any additional information that can reliably supplement the data derived from the other measures. The resultant ERU count shall be rounded to the nearest whole number. The computations and back-up materials for all resultant ERU counts shall be maintained by the Department of Public Works and made available to the public, in the Department’s main office and on the Department’s website. The minimum assessed stormwater fee for all properties subject to this section shall be equal to the fee for 1 ERU. The maximums set by paragraphs (2) and (3) of this subsection do not apply to any property or portion of a property for which a credit or exemption has been applied for under <cite data-path="|27|§3-6">§ 3-6 {“Credits; Exemptions”} of this article</cite>. Subject to subparagraph (ii) of this paragraph, the fee for any property that is subject to property tax and is subject to assessment under this section may not exceed an amount equal to 20% of the total of all State and local real property taxes levied on the property. This paragraph (2) applies only to properties for which each of the following exceeds $1,000:the net State and local real property taxes levied on the property; and the storm water remediation fee otherwise assessable under <cite data-path="|27">this article</cite>. Notwithstanding § 3-4 {“Initial rates”} and § 3-5 {“Subsequent rates”}, the fee for structures located on property owned by religious groups or organizations is $12 per ERU per year if:the property is not subject to State or City property tax; and the structures on the property are used exclusively for:places of worship; or elementary, middle, or high school education. Ord. 13-143

Through June 30, 2017, the rates are as provided in this section. For single-family properties assessed under § 3-2 {“Assessment of base fee – Single-family properties”}, the rate per month is the following multiple of the rate-per-month-per-ERU established for properties assessed under § 3-3 {“Assessment of base fee – All other properties”}:Tier 1 properties: 2/3 of the rate per ERU. Tier 2 properties: the rate per ERU. Tier 3 properties: twice the rate per ERU. For all properties assessed under § 3-3 {“Assessment of base fee – All other properties”}, the rate per month is $5 per ERU. Ord. 13-143 Ord. 16-523

For all fiscal years beginning on or after July 1, 2017, the Board of Estimates, on the recommendation of the Director of Public Works and the Director of Finance, may change the rates for the stormwater remediation fee. The rates shall be based on the share of stormwater management services related to a property and provided by the City. At least 30 days before taking any action on the Directors’ recommendation, the Board of Estimates shall:publish notice of the recommendation; send the recommendations to the members of the City Council; and afford an opportunity for Councilmembers and the public to comment at a public hearing. After the notice and opportunity to comment, the Board of Estimates may:adopt or modify the Directors’ recommendation; and set the rates accordingly. Ord. 13-143

The rules and regulations adopted by the Director of Public Works under <cite data-path="|27">this article</cite> shall establish a system of credits and exemptions that may be used to reduce the base fee. The system shall provide credits for:specific actions that reduce the quantity or improve the quality of stormwater discharged from the property; specific actions that improve the quality of stormwater discharged to the City stormwater management system; properties subject to an NPDES industrial stormwater discharge permit that requires stormwater management or that have been determined by the Maryland Department of the Environment to be exempt from stormwater permitting due to a condition of no exposure, for a credit equal to 55% of the base fee; and any portion of a property that discharges directly to the Baltimore Harbor and not through the City’s stormdrain system, for a credit equal to 30% of the base fee. The system shall provide hardship exemptions for:any portion of a property where the stormwater is permitted by the Department to connect to the public wastewater system; streets that, in lieu of publicly maintained streets, are privately maintained, but open to the public, in single-family residential communities; any portion of a property where caps or other impervious surfaces are required to encapsulate a recognized Superfund area or to protect subterranean structures, as required by the State of Maryland or the U.S. Environmental Protection Agency; and any other property where a demonstrable and substantial financial hardship exists as a result of the stormwater remediation fee. In this subsection, “historic cooperative property” means property owned by a cooperative housing corporation:formed under the Maryland Cooperative Housing Corporation Act, State Corporations and Associations Article, Title 5, Subtitle 6B; and existing on or before 1965. Residents of an historic cooperative property that maintains an onsite stormwater management system and are experiencing financial hardship because they are subject to dual assessments to fund both a community system and the City stormwater management system shall receive a reduction of its stormwater remediation fee as follows:an historic cooperation property that maintains an onsite stormwater management system that conveys stormwater from its property to a public stormwater maintenance system shall receive a 40% credit against its total fee; and an historic cooperative property that maintains an onsite stormwater management system that conveys stormwater from a neighboring community to a public stormwater maintenance facility shall receive a 40% credit against its total fee. Ord. 13-143

All bills for stormwater remediation fees shall be paid within 20 days after they have been issued. These fees:shall be billed by the Department of Public Works; may be included in the same bills rendered for water charges or stated in separate bills; and may be collected by the Director of Finance, at the same time, in the same manner, and subject to the same interest rates and penalties for late- or nonpayment as provided for charges for supplying water. The combined interest and penalties for any property may not exceed 10 times the amount of the fee imposed for that property. This section applies to all properties and the owners of properties that are subject to the payment of the fee imposed under <cite data-path="|27">this article</cite>. Ord. 13-143 Ord. 16-523

The stormwater fee imposed under <cite data-path="|27">this article</cite> and all interest and penalties on the fee are a personal debt owed by the owner of the property subject to the fee. These fees, interest, and penalties are a lien in favor of the City on the property subject to the fee. These fees, interest, and penalties may be collected and enforced in the same way that the City collects and enforces debts due to it or liens in its favor. Ord. 13-143

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of Finance may adopt rules and regulations necessary or proper to fully enforce and collect the charges imposed under this subtitle. A copy of all rules and regulations adopted by the Director of Finance under this subtitle must be filed with the Department of Legislative Reference at least 30 days before they take effect. Ord. 13-143 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsection (a) to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations. Conformance TBA.