§ 20.602. Requirement to pay utility charges and assessments; liens.

(1)

Liability for Utility Charges Generally. All owners of real estate, including Howard County, the State of Maryland, the U.S. Government and other municipalities and political subdivisions who have connected or who shall hereafter connect to the water, reclaimed water, or sewer facilities of such real estate to the facilities of the County, or where such real estate is benefited by the water, reclaimed water, or sewer system of the County, shall pay the applicable charges, surcharges, levies and assessments as provided in this subtitle. All waste haulers who discharge sewage to the public sewer system shall pay the applicable charges and surcharges as provided in this subtitle.

(2)

Property Owner Responsible. Waste haulers and owners of property have the responsibility for the payment of all charges, levies and assessments. The County does not recognize a third-party liability for water, reclaimed water, and sewer charges.

(3)

Limited Liability for Water Service Charges, Reclaimed Water Service Charges, Sewer Service Charges, and Sewer Use Surcharges. In the event the County underbills the property owner or waste hauler for water, reclaimed water, and sewer service charges and surcharges as defined, in sections 20.605 and 20.606 of this subtitle, the property owner or waste hauler shall be liable for the additional amount represented by those charges and surcharges. The County shall rebill the property owner or waste hauler within one year of discovering the error. If the County does not re-bill the owner or waste hauler within one year of discovering the error, the property owner or waste hauler is not liable for the additional amount.

(4)

Liens. All charges, levies and assessments provided in this subtitle shall be a lien or charge against the real estate served or benefited and shall be levied, collected and enforced and shall have the same priority, and right, bear the same interest and penalties, and in every respect be treated as County real estate taxes.

(5)

Surety by Waste Hauler. Prior to discharging sewage to the public sewerage system, each waste hauler shall provide the Director of Public Works with surety in the form of a cash deposit, a bond, a letter of credit, a pledge of real property situated in Howard County, or other surety acceptable to the Director. The amount of the surety shall be determined by the Director and shall equal the estimated average quarterly service charges and sewer use surcharges payable by a waste hauler who regularly discharges sewage to the public sewerage system. The surety shall be used to recover unpaid charges and penalties in accordance with section 20.615 of this subtitle.

(C.B. 38, 1998; C.B. 17, 2003, § 4; C.B. 27, 2007, § 2)