# COMAR Title 20 — Public Service Commission

## Subtitle 73 — Construction of New Water and Sewage Disposal Systems

### Chapter 01 — General Regulations

**Authority:** Public Utilities Article, §§2-121 and 5-204, Annotated Code of Maryland

**Administrative History:** Effective date: June 1, 1966 (Order No. 56235)

**Administrative History:** Chapter repealed and new Chapter 01 adopted effective October 11, 1982 (9:20 Md. R. 1982)

#### Regulation .01 Prior Authorization.

*COMAR 20.73.01.01*

A. A person may not commence the construction of a privately owned water system or sewage disposal (sewerage) system for public use without the prior authorization of the Commission pursuant to Public Utilities Article,  §5-204, Annotated Code of Maryland, and the provisions of this subtitle.

B. A person seeking prior authorization pursuant to Public Utilities Article, §5-204, Annotated Code of Maryland, shall file an application with the Commission which contains the information and documents set forth in this subtitle in order to meet their burden of fully disclosing plans to finance, construct, and operate the proposed system.

#### Regulation .02 Application.

*COMAR 20.73.01.02*

A. Unless specifically exempted by the provisions of Public Utilities Article, §5-204, Annotated Code of Maryland, a person shall apply to the Commission, before construction, for authority to construct a water system, sewage disposal system, or both, to be devoted to public use.

B. Water company applicants claiming “not-for-gain” status shall submit full and complete documentation supporting this claim for review and determination by the Commission, as required by these regulations.

C. Sewage disposal company applicants, whether “for-gain” or not, shall fully comply with all provisions of this subtitle, the law, and COMAR 20.75.

D. Water company applicants shall fully comply with all provisions of this subtitle, the law, and COMAR 20.70.

#### Regulation .03 Definitions.

*COMAR 20.73.01.03*

A. The definitions set forth in COMAR 20.70.01.03 and COMAR 20.75.01.03 apply to words used in this subtitle.

B. “Applicant” means the person applying for authority to construct a system and includes the person upon whose behalf an application is made.

C. “Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.

D. “Sewerage” and “sewage disposal” shall refer to the disposal or disposition of household, animal and human waste, refuse, and slops.

E. “System” means, when used alone, a water system, a sewage disposal system, or both, as appropriate.

#### Regulation .04 Time Limitations Upon Applications.

*COMAR 20.73.01.04*

A. A person proposing to construct a water system, sewage disposal system, or both, for public use shall apply to the Commission for prior authority to construct the system and to exercise its franchises or rights within one calendar year of:

  (1) If appropriate, the granting of a local franchise or official notice that a local franchise is not required; or

  (2) The filing with and acceptance of the applicant's articles of incorporation by the Maryland Department of Assessments and Taxation.

B. Upon an applicant's request and showing of good cause, the Commission may grant an extension of time.

C. Failure to apply to the Commission within the time limits set forth in §A of this regulation may result in forfeitures as set forth in Public Utilities Article, §13-205, Annotated Code of Maryland.