Chapter 04. Other Information
Regulation .01 General.LinkCopy Citation
Each application for authority to construct a system shall be accompanied by the information required by this chapter.
Regulation .02 Index to Application.LinkCopy Citation
The applicant shall submit a list of all documents, maps, exhibits, permits, and other items with its application.
Regulation .03 Additional Material.LinkCopy Citation
In addition to the documents, data, and information required to be submitted with an application by this subtitle, the Commission may require the applicant before or at the public hearing to furnish additional material that may be necessary to establish that the proposed water system, sewage disposal system, or both, are in the public interest.
Regulation .04 Ownership and Easements.LinkCopy Citation
A.
Except as provided in §B of this regulation, the applicant shall submit documentary evidence showing:
(1)
Its ownership, in fee simple absolute, of the land where water and sewage treatment facilities and other necessary structures and facilities are located; and
(2)
Its acquisition of easements, rights-of-way, or both, for all water and sewer pipelines and appurtenances located on private property.
B.
If pipelines are to be located in public or dedicated streets and roads, the applicant shall:
(1)
Inform the Commission of this in its application; and
(2)
Show that it retains the rights of ownership and maintenance of those pipelines.
Regulation .05 Existence of Availability or Demand Charges.LinkCopy Citation
A.
In a statement filed with the application, the applicant shall disclose whether or not purchasers of unimproved land, located in the proposed service area of the applicant, will be subject to an availability or a similar type of demand charge to be collected by the land developer-seller, by the applicant, or by any other party or organization.
B.
If an availability or a similar type of demand charge is proposed by the applicant or any other party, the application shall contain the justification and derivation of this charge, together with documents showing compliance with the provisions and requirements of §§E and F, of this regulation.
C.
Any proposed availability or demand charge is subject to acceptance and approval by the Commission.
D.
If approved, the tariffs and rate schedules of the applicant shall contain the information set forth in §F, of this regulation.
E.
Any contract of sale between the buyer of unimproved or improved land in the service area of the applicant, or authorized water company, sewage disposal company, or both, and the seller shall contain a provision stating that the buyer will be required to make payment of an availability or similar type of demand charge to the seller, to the authorized water company, sewage disposal company, or both, or to another authorized third party or organization, as appropriate.
F.
If the seller of the unimproved or improved land or any third party or organization is to collect the availability charge, the contract of sale shall contain a further provision stating:
(1)
The dollar amount and billing period of the charge;
(2)
That this charge will expire when the landowner (buyer) improves his property, connects to the utility system, and receives water service, sewage disposal service, or both, from the authorized water or sewage disposal company at approved rates;
(3)
That this charge is either to defray the utility's operating expenses or to defray construction costs of the plant or system, or both, at specified percentages; and
(4)
That money collected from the charges will be remitted no less frequently than every 3 months to the authorized public service company, which shall account for that money in accordance with the Uniform System of Accounts.
Regulation .06 Approval of Availability or Demand Charges.LinkCopy Citation
If an availability charge is approved and is to be collected, in whole or in part, for the purpose of recovery of capital investment, its collection, in whole or in part, shall cease when that capital investment has been recovered, even though the payers remain unconnected to the system.
Regulation .07 Contract of Sale.LinkCopy Citation
A.
The applicant shall obtain and submit with his application a representative copy of a contract of sale to be used, or that is used, by the developer for the sale of unimproved or improved residential property in the service area of the applicant, if the contract imposes upon the property purchaser the payment to any person or party of any estimated or actual deferred or other charge associated with the proposed water or sewage disposal company and for the rendition of water or sewage disposal service or services.
B.
These charges may be, but are not limited to, connection fees, availability charges, consumption charges, and any type of assessment.
C.
Nothing in this regulation is to be construed to indicate that any of the above charges, as well as all other rates and charges, are permissible but are subject to acceptance and approval by the Commission.
Regulation .08 Affidavit.LinkCopy Citation
An applicant seeking Commission authority to exercise its franchise shall submit an affidavit signed by its principal officials that it will strictly and completely abide by and follow current, effective Commission regulations governing service or its own regulations approved by the Commission.
Chapter annotations
Authority: Public Utilities Article, §§2-121 and 5-204, Annotated Code of Maryland
History: Effective date: October 11, 1982 (9:20 Md. R. 1982)