In this section the following words have the meanings indicated.
“Payee” means a person that receives from the Commission an aggregate payment of $25,000 in a single fiscal year.
“Payee” does not include:
a Commission employee with respect to the employee’s compensation; or
a Commission retiree with respect to the retiree’s retirement allowance.
“Searchable website” means a website created in accordance with this section that displays and searches payment data of the Commission.
The Commission shall:
publish annually in at least one newspaper in Montgomery County and one newspaper in Prince George’s County a copy of the current financial statement of the Commission;
employ a certified public accountant licensed to practice in the State to audit the books and accounts of the Commission;
keep available for public inspection during business hours at its principal office the annual audit and current financial statement; and
file annually with the county executives and county councils of Montgomery County and Prince George’s County, and the Montgomery County and Prince George’s County Senate and House delegations to the Maryland General Assembly a certified copy of the annual audit and current financial statement.
On or before July 1, 2020, the Commission shall develop and operate a single searchable website accessible to the public at no cost through the Internet.
The searchable website shall contain Commission payment data including:
the name of each payee receiving a payment;
the location of the payee by postal zip code; and
the amount of the payment.
The searchable website shall allow the user to:
search data for fiscal year 2019 and each fiscal year thereafter; and
search by the following data fields:
a payee receiving a payment; and
the zip code of a payee receiving a payment.
Subject to paragraph (2) of this subsection, the searchable website shall contain:
any documents relating to a bond rating received from a major credit rating agency;
data related to the Refund Hearing Board of the Commission, including:
the number of cases filed;
the number of cases closed;
the number of cases granted;
the number of cases denied;
the refund amount requested in each case; and
the refund amount granted in each case;
data related to the Dispute Resolving Board of the Commission, including:
the number of cases filed;
the number of cases closed;
the number of cases granted;
the number of cases denied;
the unpaid amount disputed in each case; and
the amount of relief granted in each case; and
a copy of any stress testing completed for a long–range comprehensive financial plan developed in accordance with § 17–202.1 of this title.
The data provided under paragraph (1) of this subsection may not contain any personally identifiable information.
This section may not be construed to require the disclosure of information that is required to be kept confidential under federal, State, or local law.
Subject to paragraph (2) of this subsection, the county council or county executive of Montgomery County or Prince George’s County may, in person or by a duly authorized agent, audit and examine the books and records of the Commission.
The Commission may not be required to pay the cost of the audit or examination under paragraph (1) of this subsection.
The Commission may not discriminate against a person on the basis of sex, race, creed, color, age, mental or physical disability, sexual orientation, religion, marital status, gender identity, genetic information, family responsibilities, or national origin.
The Commission may not enter into a contract unless the contract contains a provision obliging the contractor:
not to discriminate in any manner against an employee or an applicant for employment on the basis of sex, race, creed, color, age, mental or physical disability, sexual orientation, religion, marital status, gender identity, genetic information, or national origin; and
to include a similar nondiscrimination provision in all subcontracts.
If the nondiscrimination provision is omitted from a contract or subcontract, the Commission shall provide the contractor a reasonable opportunity to cure the defect, subject to this section.
If the contractor fails to cure the defect:
the Commission may declare the contract to be void; and
the contractor is entitled to the reasonable value of work performed and materials provided by the contractor.
If the contractor cures the defect, the contract remains in force according to its revised terms.
In accordance with this section, the Commission may compel a contractor to continue to perform under a contract if:
the contractor willfully fails to comply with the requirements of a nondiscrimination provision; and
the contract is partially executory.
If the Commission compels performance under this subsection, the Commission:
is liable for no more than the reasonable value of work performed and materials provided by the contractor after the date on which the breach of contract was or should have been discovered; and
shall deduct any money that has been paid under the contract from the money that comes due under item (i) of this paragraph.
If a subcontractor willfully fails to comply with the requirements of a nondiscrimination provision, the contractor may declare the subcontract to be void.
If a contractor declares a subcontract to be void under this subsection, the contractor is liable for no more than the reasonable value of work performed or materials provided by the subcontractor.
Except as otherwise provided by this division, the Commission may adopt regulations to carry out the provisions of this division and any other laws the administration and enforcement of which are vested in the Commission.
The Commission may:
limit or regulate the use and supply of water service and sanitary sewer service on a temporary basis in any area or to any premises served by the Commission’s facilities, as the needs of the occasion and the protection of the Commission’s systems require;
adopt regulations that the Commission considers necessary for the public safety, health, comfort, or convenience in the construction, operation, maintenance, expansion, relocation, replacement, renovation, and repair of the Commission’s water system and sanitary sewer system; and
establish the forms of permits and specify the nature, type, and amount of information, detail, and engineering data that a person must submit to the Commission for any permit authorized or required by this division.
Except for the immediate preservation of the public health and safety or for emergency provisions required to protect the Commission’s systems, the Commission shall publish a notice of any new regulation that is authorized by this section at least 30 days before its effective date in at least one newspaper of general circulation in each county of the sanitary district.
A regulation adopted by the Commission under this section has the force and authority of law.
The Commission may:
adopt regulations for the installation of fuel gas piping, appliances, appurtenances, and connections from the point of service supplying any premises in the sanitary district; and
require a permit and charge a fee for the installation of fuel gas piping, appliances, appurtenances, and connections.
The Commission shall publish a notice of any new regulation that is authorized by this section at least 30 days before its effective date in at least two newspapers of general circulation in each county of the sanitary district.
A person may not violate a regulation adopted under this section.
Under the authority granted to the Commission under § 17–403 of this subtitle, the Commission may adopt regulations governing all publicly owned watershed property acquired by or under the jurisdiction of the Commission.
The Commission shall post the watershed regulations at each public recreation site in the watershed areas.
The Commission shall publish the watershed regulations at least 30 days before their adoption in at least one newspaper of general circulation in each county of the sanitary district.
The posting and publication of the watershed regulations is sufficient notice.
The sworn certificate of a commissioner as to the posting and publication of the watershed regulations is prima facie evidence of posting and publication.
The Commission may adopt regulations governing:
erosion and sediment control for utility construction under authority of § 17–403 of this subtitle and § 4–105 of the Environment Article, after review and approval of the proposed regulations by the soil conservation districts of Montgomery County and Prince George’s County and the Department of Natural Resources;
sewer cleaning under authority of § 24–201 of this article;
plumbing under authority of § 17–403 of this subtitle and §§ 24–106, 26–102, and 26–204 of this article;
gas fitting under authority of § 17–404 of this subtitle;
required permits for public utility construction under authority of §§ 27–101 and 27–107 of this article; and
the Commission Pretreatment Program under authority of § 17–403 of this subtitle and § 9–332 of the Environment Article.
The Commission shall publish the regulations as provided under § 17–403(b) of this subtitle.
The sworn certificate of a commissioner as to the publication of the regulations is prima facie evidence of publication.
Except as provided in subsection (b) of this section, in accordance with its regulations, the Commission may pay for actual property damage caused by:
a sanitary sewer backup; or
a water main break on or after October 1, 1999.
Payment made by the Commission under this section is not an admission of liability.
The Commission may not pay for actual property damage caused by a sanitary sewer backup or water main break if the sanitary sewer backup, water main break, or resulting damage from the backup or break was caused by an intentional act or negligence of the owner or tenant of the property.
Unless the Commission takes precautions to make a composting facility free of offensive off–site odors, the Commission may not construct the facility in an area that has more than 100 homes that are located within 5 miles of the facility.
The Commission shall adopt regulations that provide standards for the construction and operation of a composting facility that is free of offensive off–site odors.
If the Commission does not control and eliminate any offensive off–site odor that is caused by a composting facility that is constructed after July 1, 1986, the Commission shall close the facility within 4 months after the date the offensive off–site odor is emitted from the facility.
If a composting facility is closed for failure to meet any standards adopted by the Commission under this section, Montgomery County shall select an alternative method or location for the disposition of sludge located at the closed facility.