§ 20.802. Operation, maintenance, repair, and replacement fee.

(a)

Payment of Fee. The owner of each residential lot shall pay the controlling authority an annual fee for the operation, maintenance, repair, and replacement of a shared sewage disposal facility. The fee shall be paid regardless of whether the lot is occupied.

(b)

Delegation of Authority. The County or the Board of Education may enter into an agreement under section 18.1208 of this Code to empower another governmental body to act as the controlling authority and to have all the rights and responsibilities of the County as set forth in this subtitle.

(c)

Operation, Maintenance, Repair, and Replacement Fee. The fee shall include:

(1)

The cost to operate, maintain, repair, and replace the shared sewage disposal facility, including, but not limited to:

(i)

Periodic inspection of the facility;

(ii)

Periodic septage removal;

(iii)

Repair of tanks, piping, pumps and electrical systems;

(iv)

Repair of the subsurface wastewater disposal area;

(v)

Cost of replacing, at the end of their anticipated useful lives, tanks, pumps, piping, electrical systems or other components of the shared sewage disposal facility;

(vi)

Costs associated with relocation of the subsurface wastewater disposal area at the end of its anticipated useful life;

(vii)

Administrative costs, including, but not limited to legal, billing, overhead, enforcement, and liability insurance;

(viii)

Electrical costs that are not the responsibility of the residential lot owner;

(ix)

Chemicals, supplies, and other costs associated with wastewater treatment; and

(x)

Costs to repair or maintain the components of the collection system; and

(2)

An amount to cover the controlling authority's costs for:

(i)

Repairing tanks, pumps, piping, or facilities within a subsurface wastewater disposal area or residential lot that fail prematurely; and

(ii)

Relocating a subsurface wastewater disposal area that fails prematurely.

(d)

Fee Established:

(1)

The controlling authority annually shall establish the fee for a shared sewage disposal facility.

(2)

The fee shall be based on the historical operating, maintenance, and repair costs or an estimate of those costs for a new shared sewage disposal facility and the estimated replacement cost of the shared sewage disposal facility and shall include:

(i)

Any anticipated costs pursuant to a systematic procedure established by the controlling authority;

(ii)

Any surplus or deficit projected to exist at the end of the current fiscal year;

(iii)

Any costs required to comply with a condition of the permit; and

(iv)

Any costs required to comply with State laws and regulations governing shared sewage disposal facilities.

(3)

After renewal of the permit, the fee shall include the estimated costs of complying with all State and local regulations and conditions of the permit.

(e)

Timing of Initial Payment. The initial fee is due at the time the property is connected to the shared sewage disposal facility.

(f)

Payment by Developer:

(1)

A developer may choose to pre-pay some or all of the operation, maintenance, repair, and replacement fee for a residential lot.

(2)

If the developer prepays a fee for a residential lot, a subsequent owner of the lot is responsible for the difference between the actual fee and the amount pre-paid by the developer.

(g)

Charge to Appropriate Accounts. If the County is the controlling authority, the County shall charge the costs of its operations, maintenance, repair, and replacement activities for shared sewage disposal facilities to the appropriate accounts included in the budget for the current fiscal year and funded by the annual operations, maintenance, repair, and replacement fees paid by owners of residential lots under this section.

(C.B. 16, 2006, § 2)