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Statutes Text

Article - Public Utilities




§25–504.

    (a)    The Commission:

        (1)    may provide for the billing and collection of the water and sewer usage charges on an estimated basis for periods of 6 months or less, based on the historical daily average consumption calculated from actual previous usage;

        (2)    shall read the meter at least once every 6 months; and

        (3)    (i)    shall base the final bill for the 6–month period on the actual consumption adjusted by previous estimates, if the meter had not been read because it was inaccessible;

            (ii)    shall base the final bill for the 6–month period on the historical daily average consumption, calculated from actual previous usage, if a final reading cannot be made because:

                1.    the meter malfunctioned;

                2.    the meter had been taken out of service for repairs, maintenance, or water system relining purposes; or

                3.    there was theft of service;

            (iii)    may modify the historical daily average consumption calculation based on appropriate evidence submitted by the owner; and

            (iv)    may not base a final bill on estimated usage for two consecutive 6–month periods.

    (b)    (1)    The Commission shall bill for the amount of water and sewer usage charges to each property served monthly, every other month, four times a year, or twice a year, as the Commission determines.

        (2)    On receipt each bill is payable to the Commission.

    (c)    (1)    A late payment charge of 5% of the unpaid charges shall be added and collected as part of the bill if:

            (i)    the Commission sends out a bill for water and sewer usage charges in the regular course of business;

            (ii)    for a service period of less than 3 months, the bill is not paid 20 days from the date of sending; or

            (iii)    for a service period of 3 months or more, the bill is not paid 30 days from the date of sending.

        (2)    The late payment charge is in addition to and not in substitution for or derogation of any other right or remedy granted to the Commission by any other law.

    (d)    (1)    If a bill is not paid within 30 days after the date of sending, after leaving written notice on the premises or mailing notice to the owner’s last known address, the Commission shall turn off the water to the property.

        (2)    The water may not be turned on again until the bill, any late payment penalty charges as authorized by law, and the cost incurred in shutting off and restoring the water supply are paid.

    (e)    If a bill is not paid within 60 days after the date of sending, the bill shall be collected against the owner of the property served in the same manner as other debts are collected in Montgomery County and Prince George’s County.

    (f)    (1)    This subsection applies only to property subject to a condominium regime established under Title 11 of the Real Property Article.

        (2)    Notwithstanding any other law, if the Commission directly bills the governing body of a condominium or a person designated by the governing body of a condominium for water or sewer usage charges for all or a portion of the units in a condominium property, and a charge is in default for at least 60 days, the Commission shall post notice conspicuously at or near the entry to the common area of the condominium.

        (3)    The Commission may enter onto the common area of a condominium property at a reasonable time to post the notice required under this subsection.

    (g)    The provisions of subsections (b), (d), (e), and (f) of this section that relate solely to sewer usage charges may not be construed to invalidate an existing contract between the Commission and a municipality located in the sanitary district without the consent of the municipality.



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