In this subtitle the following words have the meanings indicated. “Bond” means a bond, note, or other evidence of obligation. “Commission” means the Washington Suburban Sanitary Commission. “Sanitary district” has the meaning stated in § 16–101 of the Public Utilities Article. “Stormwater management” means the planning, designing, acquisition, construction, demolition, maintenance, and operation of facilities, practices, and programs for the control and disposition of storm and surface water. “Stormwater management” includes floodproofing, flood control, and navigation programs. In Prince George’s County, “stormwater management” also means the protection, conservation, regulation, creation, and acquisition of property described in §§ 5–901(g) and 16–101(l) of the Environment Article, consistent with federal and State laws and regulations on the subject of nontidal and private wetlands. “Stormwater management district” means a stormwater management district authorized under this subtitle.

This subtitle applies only in Montgomery County and Prince George’s County.

This subtitle shall be liberally construed to carry out its purposes. This subtitle does not impair the rights and privileges vested in the holders of bonds issued by the Commission or Prince George’s County for stormwater management.

Montgomery County may establish a stormwater management district that includes the land in its boundaries, except for the land in the City of Takoma Park. In its stormwater management district, Montgomery County shall provide efficient stormwater management services to the residents and property owners of the stormwater management district with adequate facilities for development and promotion of safety for life and property. The stormwater management services shall include those formerly performed by the Commission. Montgomery County may not exercise stormwater management authority in the City of Takoma Park unless the city and county otherwise agree. The stormwater management district is a special taxing district for the purpose of stormwater management. Montgomery County may establish one or more special taxing areas within its stormwater management district.

Prince George’s County may establish a stormwater management district that includes the land in its boundaries, except for the land in the City of Bowie. In its stormwater management district, Prince George’s County shall provide efficient stormwater management services to the residents and property owners of the stormwater management district with adequate facilities for development and promotion of safety for life and property. The stormwater management services shall include those formerly performed by the Commission. Prince George’s County may not exercise stormwater management authority in the City of Bowie unless the city and county otherwise agree. The stormwater management district is a special taxing district for the purpose of stormwater management. Prince George’s County may establish one or more special taxing areas in its stormwater management district.

The Commission may enter into agreements with Montgomery County and Prince George’s County to perform stormwater management activities on behalf of each county as the county considers necessary and appropriate to maintain effective stormwater management programs in the stormwater management district.

Montgomery County, Prince George’s County, and the City of Takoma Park shall have independent and supplemental authority to enact an ordinance or other legislation to issue bonds for the purposes provided in this subtitle.

Montgomery County, Prince George’s County, and the City of Takoma Park may issue bonds in any amount that they consider necessary to provide money for their respective portions of the stormwater management programs and systems authorized under this subtitle. The proceeds of bonds issued under paragraph (1) of this subsection shall be used for the planning, acquisition, construction, reconstruction, establishment, extension, enlargement, demolition, or purchase of facilities, including land, interests in land, or equipment, for stormwater management programs and systems. Bonds of the City of Takoma Park authorized by this subtitle may be issued in conjunction with bonds of Prince George’s County authorized by this subtitle in the manner provided by resolutions of the City Council of the City of Takoma Park and the County Council of Prince George’s County, subject in each case to approval of bond counsel for the respective jurisdiction. The resolutions may include procedures for a joint or coordinated offering or sale of the bonds. Prince George’s County may issue bonds authorized by this subtitle payable from the ad valorem taxes authorized by § 21–623(a) of this subtitle for the benefit of the City of Takoma Park for the same purposes for which the City of Takoma Park may issue bonds under this subtitle in connection with systems located in the City of Takoma Park, subject to the approval of bond counsel for Prince George’s County. The bonds authorized by this paragraph shall be approved by appropriate resolutions of the City Council of the City of Takoma Park and the County Council of Prince George’s County. The resolutions shall provide for the lending of the appropriate portion of the proceeds of the bonds by Prince George’s County to the City of Takoma Park and the repayment of the loan by the City of Takoma Park to Prince George’s County in the amounts and at the times necessary to enable Prince George’s County to make all payments of principal of and interest on the bonds when due, including the proportionate part of any principal of any outstanding sinking fund bonds, as determined by the table of redemption of bonds for bonds issued by Prince George’s County for the benefit of the City of Takoma Park for stormwater management under this subtitle.

Bonds issued under this part: are general obligation bonds of the issuing authority that are fully registered as to both principal and interest when approved by ordinance or other legislative act of the county or city; shall bear interest payable at any time and at any annual rate as provided or authorized by legislative act; may not mature later than 40 years from the date of their issue; may be made redeemable before maturity at the option of the issuing authority, at any price and under any terms and conditions that are set before their issuance; shall have any other terms and provisions and be otherwise issued as provided or authorized by legislative act; and shall be sold in any manner, either at a public or private negotiated sale, and on any terms, at, above, or below par, as provided or authorized by legislative act.

Bonds issued under this part, a transfer of the bonds, the interest payable on the bonds, and any income derived from the bonds, including any profit realized in the sale or exchange of the bonds, are exempt from taxation by the State or by any county, municipality, or other public unit of the State.

Bonds authorized by this part and the issuance and sale of the bonds are exempt from §§ 19–205 and 19–206 of this article.

Bonds authorized by this part are, and shall state, an irrevocable pledge of the full faith and credit and unlimited taxing power of the issuing authority to the payment of the maturing principal of and interest on the bonds as and when the bonds become payable. The bonds shall be payable first from the stormwater management fund of the issuing authority. To the extent a stormwater management fund is insufficient to pay the principal, interest, and redemption premium, if any, on the bonds, the issuing authority shall impose ad valorem taxes, unlimited as to rate or amount, on all assessable property in the stormwater management district in an amount sufficient to provide for the payment of the principal, interest, and redemption premium, if any, when due.

Notwithstanding any limitation or provision of any charter or local law regulating the creation of public debts or the financing of capital projects, bonds issued under this part, the borrowing that the bonds represent, the pledge of the full faith and credit of the issuing authority or any other guarantee of the issuing authority, and the programs or projects being financed are not subject to: any referendum requirement of the charter or local law of the authority issuing the bonds or in which the programs or projects are located; any limitation of the charter or local law on the rate of taxation or the aggregate amount of taxes that may be imposed by the issuing authority; or any requirement of charter or local law as to the form or public sale of the bonds.

Bonds issued by Montgomery County or Prince George’s County to provide money for stormwater management remain valid, binding, and enforceable in accordance with their terms, including any provision for a maturity date beyond June 30, 1990. Notwithstanding the repeal, expiration, or termination after the date of issuance of the bonds of the authority under which the bonds were issued, the rights of the bondholders and the responsibilities and obligations of Montgomery County or Prince George’s County with respect to the bonds may not be impaired and shall remain in full force and effect. The responsibility of Montgomery County or Prince George’s County includes the responsibility to repay the bonds and to impose taxes for or otherwise guarantee the payment of the bonds.

This part does not impair the rights of Prince George’s County or the City of Bowie to contract with each other for the provision of stormwater management. This part does not impair the rights of Prince George’s County or the City of Takoma Park to contract with each other, or with other parties, for the provision of stormwater management.

In the stormwater management district, Prince George’s County may require an owner or developer of a subdivision or tract of land on which buildings are to be erected to contribute what the county determines to be a fair share of the cost of a stormwater management project before the county approves or constructs the project. In the City of Bowie, the city may require an owner or developer of a subdivision or tract of land on which buildings are to be erected to contribute what the city determines to be a fair share of the cost of a stormwater management project before the city approves or constructs the project. In the City of Takoma Park, the city may require an owner or developer of a subdivision or tract of land on which buildings are to be erected to contribute what the City Council determines to be a fair share of the cost of a stormwater management project in the city’s jurisdiction before the City Council approves the project for construction. In Montgomery County, except for property in the City of Takoma Park, the Montgomery County Council may require an owner or developer of a subdivision or tract of land on which buildings are to be erected to contribute what the County Council determines to be a fair share of the cost of a stormwater management project in the county’s jurisdiction before the County Council approves the project for construction. Before construction begins, the contribution shall be paid in cash or secured to the satisfaction of the approving authority. Montgomery County, Prince George’s County, the City of Bowie, and the City of Takoma Park each may construct in its boundaries any part of an approved stormwater management project if the owner or developer contributes a share of the cost of the project considered appropriate by the approving authority. Montgomery County, Prince George’s County, the City of Bowie, and the City of Takoma Park each shall include in its annual capital budget for stormwater management capital projects an amount representing anticipated contributions to stormwater management.

Except as otherwise provided in this subtitle, Montgomery County and Prince George’s County each may impose an ad valorem tax on all property assessed for tax purposes in the stormwater management district at a rate required to produce the amount needed to pay for: maintenance of stormwater management systems in the stormwater management district that were maintained by the Commission before July 1, 1987, and systems established by each county on or after July 1, 1987; the principal and interest that becomes due and owing to the bondholders during the following year and the proportionate part of the principal of all outstanding sinking fund bonds, as determined by the table of redemption of bonds for bonds issued by: the Commission for stormwater management; and the county for stormwater management under this subtitle; and the cost of stormwater management activities and practices in the stormwater management district, as approved in the county’s annual stormwater management budget and appropriations resolution for the following fiscal year. The Commission shall certify annually to each county the amount necessary to produce the sum required to pay the principal, interest, and other obligations for the current year on the outstanding bonds issued by the Commission to pay for stormwater management projects in the county’s stormwater management district. The county shall pay the amount certified under paragraph (1) of this subsection. Except as provided in paragraph (2) of this subsection, the taxes authorized by this section shall be imposed and collected in the same manner, have the same priority, bear the same interest, and be treated in all respects as other county taxes. Notwithstanding any provision of charter or other law, the taxes may not be subject to a limitation on the tax rate or tax revenues of the county. The tax revenues shall be deposited and maintained in a separate stormwater management fund established under § 21–627 of this subtitle. The tax revenues deposited in the fund shall be in addition to all other county taxes and may not be considered county taxes for the purpose of applying the limitations in Article VIII, § 812 of the Prince George’s County Charter.

This section applies only in Montgomery County. Subject to subsections (c)(1) and (d) of this section, the County Council of Montgomery County shall impose an ad valorem tax on all property assessed for tax purposes in the county, including property in any municipality in the county. Except for the City of Takoma Park, the ad valorem tax may not exceed: 4 cent per $100 of the assessed value of real property; or 1 cent per $100 of the assessed value of personal property and operating real property described in § 8–109(c) of the Tax – Property Article. The tax shall be in an amount necessary to pay for the maintenance of: stormwater management systems in the part of the sanitary district in Montgomery County that were previously maintained by the Commission; and on application of a municipality, any stormwater management system previously maintained by the municipality. If a municipality decides to maintain all existing stormwater management systems in its boundaries, the municipality shall notify the county council of its intent to maintain the stormwater management systems before the date on which the county council adopts its annual budget. If the conditions set forth in paragraph (1) of this subsection are met, all assessable properties in the municipality shall be exempt from the tax imposed under this section. The county shall maintain every interest in stormwater easements, structures, and other properties in the county, whether or not established by plat, that were transferred by deed to the county. The Commission and any municipality in the county shall allow the county to enter and exit over any fee, leasehold, easement, or right–of–way of the Commission or municipality to maintain any stormwater easement, structure, or other property.

Except as otherwise provided in this subtitle, the City of Takoma Park may impose an ad valorem tax on all property assessed for tax purposes in the city at a rate required to produce the amount needed to pay for: maintenance of stormwater management systems in the city that were maintained by the Commission before July 1, 1990, and systems established by the city on or after July 1, 1990; the principal and interest that becomes due and owing to: the bondholders during the following year and the proportionate part of the principal of all outstanding sinking fund bonds, as determined by the table of redemption of bonds for bonds issued by or on behalf of the city on or after July 1, 1990, for stormwater management under this subtitle; and Prince George’s County with respect to the repayment of any loan made by the county to the City of Takoma Park under § 21–612(b) of this subtitle; and the cost of stormwater management activities and practices in the city, as approved in the city’s annual stormwater management budget and appropriations resolution for the following fiscal year. In lieu of the ad valorem taxes authorized by subsection (a) of this section, the City of Takoma Park may adopt a stormwater management utility fee system or user charges to pay the costs of stormwater management activities and projects based on factors such as land use, amount of runoff, conservation, and environmental and other considerations. Except as provided in paragraph (2) of this subsection, the taxes authorized by this section shall be imposed and collected in the same manner, have the same priority, bear the same interest, and be treated in all respects as other taxes imposed by the City of Takoma Park. Notwithstanding any provision of the charter, laws, or ordinances of the City of Takoma Park, the taxes may not be subject to a limitation on the tax rate or tax revenues of the city. The tax revenues, user charges, and utility fees shall be deposited and maintained in a separate stormwater management fund established under § 21–628 of this subtitle.

Property owned by the State or a unit of State government, a county, a municipality, or a regularly organized volunteer fire department that is used for public purposes is exempt from the taxes, user charges, and utility fees imposed under this part. Property that is not in a stormwater management district or is not otherwise provided direct or indirect stormwater management services in a stormwater management district may not have a tax imposed by the county until the county acquires, extends, or begins to provide stormwater management services, facilities, or programs to the property.

On establishing a stormwater management district, Montgomery County and Prince George’s County each shall: establish a stormwater management fund; and deposit in the fund: receipts and revenues from an ad valorem tax imposed under § 21–623 of this subtitle; and charges, fees, fees–in–lieu, and other contributions received from any person or governmental unit in connection with stormwater management activities or practices. Money in a county stormwater management fund shall be used only to pay for the costs of stormwater management as set forth in § 21–623(a) of this subtitle.

The City of Takoma Park shall: establish a stormwater management fund; and deposit in the fund: receipts and revenues from any ad valorem tax, user charge, or utility fee imposed under § 21–625 of this subtitle; and charges, fees, fees–in–lieu, and other contributions received from any person or governmental unit in connection with stormwater management activities or practices. Money in the Takoma Park stormwater management fund shall be used only to pay for the costs of stormwater management as set forth in § 21–625(a) of this subtitle.

If land in the Prince George’s County stormwater management district is annexed by the City of Bowie or the City of Takoma Park, the land is no longer part of the county stormwater management district. Subject to paragraph (2) of this subsection, the annexing municipality is responsible for stormwater management in the annexed area. Prince George’s County shall impose and collect from the annexed property an ad valorem tax at a rate sufficient to pay the principal, interest, and other obligations on outstanding bonds issued by the Commission or Prince George’s County for stormwater management before the annexation.

Each county and the City of Takoma Park is responsible for the maintenance of stormwater management systems or parts of systems located in its stormwater management district and transferred to it under this subtitle. The Commission and any municipality in Montgomery County or Prince George’s County shall allow the county to enter and exit over any fee, leasehold, easement, or right–of–way of the Commission or the municipality to maintain any stormwater management easement, structure, or other property.

Except as provided in subsection (b) of this section, the county where the project is located shall maintain every stormwater management system and part of every system that: was constructed by the Commission or the county or accepted for maintenance by the Commission or the county; and is located in a street, an alley, a public way, or a public space. Unless the county agrees otherwise: a stormwater management system that is located on real property owned by the Maryland–National Capital Park and Planning Commission shall be maintained by the Maryland–National Capital Park and Planning Commission; and a stormwater management system or facility that is located in a road maintained by the State Highway Administration shall be maintained by the State.

On or after July 1, 1990, the City of Takoma Park shall maintain every stormwater management system and part of every system that: was constructed by the Commission or accepted for maintenance by the Commission within the City of Takoma Park before July 1, 1990; and is located in a street, an alley, a public way, or a public space.

In the review and approval by Montgomery County, Prince George’s County, or the City of Takoma Park of the requirements for storm drainage or stormwater management, the county or city may require the owner of land to be developed to: provide easement areas or on–site stormwater management facilities; and agree to construct the necessary facilities or provide for the construction by posting a bond in an amount sufficient to construct the stormwater management facilities that the county or city considers necessary. If the county or the City of Takoma Park decides to construct stormwater management facilities to serve more than one development or if the county or city agrees to allow the owner or developer to construct a stormwater management system, the county or city may enter into an agreement with the developers of new developments for payment by the developers of a fee in lieu of on–site stormwater management facilities. The fee in lieu of on–site stormwater management facilities shall be based on an equitable pro rata share of the net cost of the facilities after deducting any State or federal grants applied to the construction of the facilities. The county or the City of Takoma Park may require the owner’s bond or the contribution of a pro rata share of the net cost for the construction of facilities in adjacent or nearby land in the same drainage area that the county or city may determine will be required because of the development of the owner’s land. Easements required by the county or the City of Takoma Park shall have the restrictions that the county or city may require as to: grading; and prohibiting structures, fences, or plantings on the easement area. The Maryland–National Capital Park and Planning Commission may not approve a plat for subdivision of land until it ascertains from the county, the City of Bowie, or the City of Takoma Park, whichever is appropriate, whether easement areas for stormwater management facilities are required. If easement areas are required, the Maryland–National Capital Park and Planning Commission may not approve the plat for recordation until the easements are included on the plat.

Montgomery County, Prince George’s County, the City of Bowie, the City of Takoma Park, and any person or municipality may not adopt a stormwater management plan, system, or design in these jurisdictions, including a capital improvement program for stormwater management, unless: the stormwater management plan or design is in accordance with the 6–year capital improvement program of the jurisdiction responsible for stormwater management in the affected area and is approved by that jurisdiction; or the plan, system, or design is intended to protect an individual’s home and has no adverse impact on other properties or stormwater management systems. If Montgomery County, Prince George’s County, the City of Bowie, or the City of Takoma Park prepares a stormwater management plan, system, or design, or if a stormwater management plan, system, or design has been submitted to Montgomery County, Prince George’s County, the City of Bowie, or the City of Takoma Park, the city or county shall submit a copy of the plan, system, or design to the Commission. After the submission, the Commission shall have a specified, reasonable time to review and comment on the plan, system, or design to the city or county to indicate any conflict in the plan, system, or design with the existing or planned water supply or sanitary sewer systems of the Commission. The stormwater management system or design approved by Montgomery County, Prince George’s County, the City of Bowie, or the City of Takoma Park shall be consistent with the Commission’s comments. When the Commission receives a copy of a plan from the City of Bowie, the Commission promptly shall provide a copy to the County Council and County Executive of Prince George’s County for review and comment. When the Commission receives a copy of a plan from the City of Takoma Park, the Commission promptly shall provide a copy to the County Council and County Executive of Montgomery County for review and comment. When Prince George’s County receives a plan that provides for drainage into a storm drain or stormwater management facility of the City of Bowie or onto any easement of the City of Bowie, the county promptly shall provide a copy of the plan to the City of Bowie for review and comment. If the Commission or Prince George’s County, after reviewing a plan submitted by the City of Bowie, advises the city that the Commission or county finds that construction in accordance with the plan will cause stormwater runoff problems in the maintenance of existing facilities or construction and maintenance of planned facilities, the city may not authorize construction to begin until the matter is resolved. If the Commission or Montgomery County, after reviewing a plan submitted by the City of Takoma Park, advises the city that the Commission or county finds that construction in accordance with the plan will cause stormwater runoff problems in the maintenance of existing facilities or construction and maintenance of planned facilities, the city may not authorize construction to begin until the matter is resolved.

All property of the Commission that the Commission and the applicable county mutually determine to be used primarily for stormwater management is deemed transferred effective July 1, 1987, to that county as provided in this section. All property of the Commission that the Commission and the City of Takoma Park mutually determine to be used primarily for stormwater management is deemed transferred effective July 1, 1990, to the City of Takoma Park as provided in this section. The Commission shall execute instruments of transfer as necessary to evidence the transfers. All real and personal property, including all fees, leaseholds, easements, rights–of–way, buildings, fixtures, systems, and equipment, owned or held by the Commission for the primary purpose of stormwater management is transferred to the county in which the property is located or affixed or to the City of Takoma Park if the property is located in or affixed to the City of Takoma Park. All tangible and intangible personal property, including all equipment, construction materials, fees, fees–in–lieu, contributions, reserve funds, sinking funds, contracts, agreements, claims, demands, and actions, owned or held by the Commission for the primary purpose of stormwater management is transferred to the county in which is located the real property to which the personal property relates or to the City of Takoma Park if the real property to which the personal property relates is located in the City of Takoma Park or, if unrelated to specific property, is transferred in proportion to the real property acreage transferred to each county or to the City of Takoma Park under this section. Notwithstanding this section, the Commission shall retain sufficient funds to pay for debt service accruing before October 1, 1987, on outstanding bonds issued by the Commission for stormwater management and the undepreciated cost of the moveable assets transferred. The transfer of property under this section does not impair the rights of holders of bonds issued by the Commission for stormwater management or the responsibility of the Commission for the repayment of the bonds or the responsibility of the counties to impose taxes for or otherwise guarantee the repayment of the bonds. The City of Takoma Park is not responsible for payment to the Commission for debt service on any bonds issued by the Commission outstanding on June 30, 1990.

This subsection does not apply to § 21–624 of this subtitle. Except as provided in subsection (b) of this section, a person who violates the provisions of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both. A person who violates § 21–633, § 21–634, or § 21–637 of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $500 or both. A person may be convicted of a second or subsequent violation of a provision of this subtitle or a regulation adopted under this subtitle.