In this section, “industrial user” means: an industry identified in the category “Division D – Manufacturing” of the North American Industry Classification System developed by the United States Office of Management and Budget; or any industry in another class of significant waste producers that the Commission establishes by regulation. Notwithstanding any other provision of this subtitle or Subtitles 3 through 5 of this title that requires a regulation, rate, or charge to be uniform throughout the sanitary district, if the Commission determines that in any area of the sanitary district the conditions for service from any of its systems, including the cost of instituting and maintaining the service, are substantially different from the conditions for service generally in the sanitary district, the Commission may define the area as a subdistrict and adopt a different regulation, rate, or charge to apply in that subdistrict. Notwithstanding any other provision of this subtitle or Subtitles 3 through 5 of this title that requires a regulation, rate, or charge to be uniform throughout the sanitary district, if the Commission determines that conditions for service from any of its systems, including the cost of maintaining and operating the systems, to a property occupied by an industrial user are substantially different from the conditions for service generally in the sanitary district, the Commission may adopt regulations and set higher rates or charges or adopt more restrictive usage regulations for industrial users. Before adopting any different regulation, rate, or charge under this section, the Commission shall: publish notice of the proposed modification in at least one newspaper of general circulation in each county of the sanitary district; and hold a public hearing on the necessity or advisability of a modification of the regulation, rate, or charge.

Except as provided in Subtitle 2 of this title, any law or regulation that applies in the sanitary district shall apply to any property for which the front foot benefit charge or ad valorem tax is suspended or exempted.

The intent of this section: is to declare the effect of the Acts of the General Assembly that have added area or property to the sanitary district on the conditions provided in this section; and is not to amend any of the conditions established by these Acts. Until the Commission begins, extends, or acquires a water or sanitary sewer system in an area or property added to the sanitary district and makes water or sewer service available to the properties in the area: the Commission may not seek the imposition of an ad valorem tax on that area or property; and the area or property added to the sanitary district is included in the sanitary district for all purposes of this division, except as a taxing district.

If the Commission determines that it is necessary or advisable to modify an existing rate, charge, or assessment, the Commission shall: publish notice of the proposed modification in at least one newspaper of general circulation in each county of the sanitary district; and hold a public hearing on the necessity or advisability of the proposed modification.

An appeal to the Public Service Commission of the reasonableness of any rate, charge, or assessment of the Commission may be taken by: an individual who has a financial interest in the appeal; or the county council of Montgomery County or Prince George’s County. Under regulations of the Public Service Commission, on appeal under paragraph (1) of this subsection, the Public Service Commission shall determine the reasonableness of the rate, charge, or assessment of the Commission. An appeal under this section shall be taken by filing a written complaint within 30 days after the date on which the Commission set the rate or fixed the charge or assessment.

Except for assessments and benefit charges authorized by Subtitle 2 of this title, this section applies to any fee or charge imposed by the Commission. A person may file a written claim with the Commission, in a form and containing the information and supporting documents required by the Commission, for a refund of the amount of a fee or charge the person paid to the Commission that exceeds the amount that is properly and legally payable. If the property for which the fee or charge was paid has been transferred to a new owner after the payment, the new owner may file the claim for the refund. On the receipt of a claim for a refund under subsection (b) of this section, the Commission shall investigate the merits of the claim. On the request of the claimant, the Commission, or the Commission’s designee, shall hold a hearing on the claim. A claim shall be disallowed unless it is filed within 3 years after the date of the payment for which the refund is requested. The Commission shall pay interest on any amount refunded under this section, calculated at the rate of 6% per year, starting 180 days from the date the claim was made. If the Commission fails to reach a final decision on a claim within 180 days after the date the claim is filed, the failure shall be deemed a final rejection of the claim. Within 30 days after the date of final action by the Commission on a claim for a refund filed under subsection (b) of this section, a petition for judicial review may be filed with the circuit court as provided in Title 7, Chapter 200 of the Maryland Rules. Notwithstanding any other provision of this section, the Commission may refund a payment that the Commission determines was paid in excess of the amount that was properly and legally payable, whether or not the person who made the payment files a claim for a refund.