Commissioners - WSSC Water...existing sections already consecutively numbered. In most chapters of...

WSSC

CODE OF

REGULATIONS

A Codification of the Regulations

of the Washington Suburban Sanitary

Commission

Codified, Indexed, and Published by

CODE PUBLISHING COMPANY

Seattle, Washington

2019

WASHINGTON SUBURBAN SANITARY COMMISSION

Commissioners

T. ELOISE FOSTER, CHAIR (Montgomery County 2016-2021)

CHRIS LAWSON, VICE CHAIR

(Prince George’s County 2011-2019)

FAUSTO R. BAYONET (Montgomery County 2015-2019)

OMAR M. BOULWARE

(Prince George's County 2013-2017)

HOWARD A. DENIS (Montgomery County 2016-2019)

THOMASINA V. ROGERS

(Prince George’s County 2016-2019)

__________

CARLA A. REID General Manager

__________

AMANDA STAKEM CONN, ESQ. General Counsel

__________

SHEILA R. FINLAYSON, ESQ. Corporate Secretary

__________

T. ELOISE FOSTER, appointed June 14, 2016 to May 31, 2017; reappointed July 18, 2017 to May 31, 2021; elected Vice Chair June 2017; elected Chair June 2018.

CHRIS LAWSON, appointed May 17, 2011 to June 1, 2015; reappointed June 7, 2016 to June 1, 2019; elected Vice Chair June 2011; elected Chair June 2012; elected Vice Chair June 2013; elected Vice Chair June 2015; elected Vice Chair June 2016; elected Vice Chair June 2018.

FAUSTO R. BAYONET, appointed June 30, 2015 to May 31, 2019; elected Chair June 2016. OMAR M. BOULWARE, appointed November 19, 2013 to June 1, 2017; elected Chair June 2014. HOWARD A. DENIS, appointed January 19, 2016 to May 31, 2019. THOMASINA V. ROGERS, appointed June 7, 2016 to June 1, 2019; elected Chair June 2017.

TITLE 1

1.101.151.27

1.55

1.601.651.701.75

TITLE 2

2.052.102.15

2.352.40

TITLE 3

3.053.103.15

3.203.25

TABLE OF CONTENTS

PREFACE

TABLE OF REVISED PAGES

GOVERNANCE

Subtitle I. Policy and ProcedureAccess to Sensitive Engineering RecordsBylaws, Rules, and RegulationsProcedures for Innovation and Research

Subtitle II. Committees and BoardsReimbursement of Expenses for Volunteer Board Members

Subtitle III. EthicsAppointment of Board of Ethics MembersBoard of Ethics Rules of ProcedureCode of EthicsPublic Review of Employee Financial Disclosure Statements

ADMINISTRATION

Subtitle I. GeneralCommunity/Charitable SponsorshipsHost Community Mitigation for WSSC ProjectsProcedures for Issuing State of Maryland Uniform CivilCitations

Subtitle II. LegalProcedure for Adjudicatory HearingsRequests for WSSC Records under the Maryland PublicInformation Act

CUSTOMER MANAGEMENT

Subtitle I. ClaimsHearing Procedures for Customer Refund ClaimsProcedure for Resolving Water and Sewer ClaimsResolving Customer Complaints: Unpaid Water/Sewer Bills

Subtitle II. Customer Account ManagementAdjustment and Correction of Water/Sewer BillsBilling and Collecting Water/Sewer Use Charges and RelatedFees

Contents-1

3.453.503.553.60

TITLE 4

TITLE 5

5.155.65

5.85

5.905.95

5.105

TITLE 6

6.056.156.25

6.306.35

TITLE 7

TITLE 8

TITLE 9

9.309.165

9.1709.180

Subtitle III. Customer ServiceFire Hydrant Meter Lease ProgramLeak on PropertyMaintenance Procedures for Sewer Grinder PumpsWater Main – Out of Service Procedures

(RESERVED)

FINANCIAL MANAGEMENT

Subtitle I. AccountingDebt PolicyProperty Assessments Manual

Subtitle II. Systems Development ChargeRefund of Fees or Charges Associated with the SystemExtension Permit (Developer Built) ProcessSystem Development Charge Levy and CollectionSDC Credits and Reimbursements

Subtitle III. Investments and LoansLocal Business Investment and Growth (BIG) Program

PROCUREMENT

Subtitle I. GeneralCentralized Bidder Registration (CBR) ProceduresProcurement RegulationsSupplier Guide for Supplier Registration and SolicitationAccess

Subtitle II. Supplier DiversityMinority Business Enterprise (MBE) ProgramSmall Local Business Enterprise (SLBE) Program

(RESERVED)

(RESERVED)

HUMAN RESOURCES MANAGEMENT

Subtitle I. Personnel ManagementComprehensive Whistleblower ProtectionUtility Worker Trainee Certification Program

Subtitle II. Recruitment and HiringBackground InvestigationsEmployment Procedures

Contents-2

TITLE 10

10.20

TITLE 11

11.10

11.15

11.2511.30

11.110

11.115

11.120

11.125

11.13011.13511.145

11.15011.15511.16011.165

11.170

TITLE 12

TITLE 13

13.0513.1013.35

INFORMATION MANAGEMENT

Subtitle I. Information Governance and StandardsIdentity Theft Prevention Program

INFRASTRUCTURE MANAGEMENT

Subtitle I. Capital ProjectsProcedure for Determining Percent Growth for CIP Projects

Subtitle II. Construction ManagementProcedure for Enforcing Erosion and Sediment Control PermitViolations for WSSC Utility ContractorsRight-of-Way TapsUtility Erosion and Sediment Control Regulation

Subtitle III. Reserved

Subtitle IV. Infrastructure Engineering, Design and ReviewAddition, Deletion, or Revision of Computer Aided Design andDrafting (CADD) StandardsComprehensive Collection System and Maintenance Plan – NewSewer Design and ConstructionMechanical and Electrical Design Guidelines for Low-FlowWastewater Pumping Stations Using Submersible NonclogPumps or Submersible Grinder PumpsMechanical and Electrical Design Guidelines for Water BoosterPumping StationsPipeline Design ManualProcedures for Issuing WSSC Construction PermitsStandard Procedure for Pipeline As-Builts

Subtitle V. Water and Sewer Service AuthorizationAdministering Releases for ServiceDevelopment Services CodeProcedures for Transfer of AuthorizationsUse of the Sewer Model in Conjunction with Phase 1 HydraulicPlanning AnalysesWater and Sewer Authorization Process Manual

(RESERVED)

PROPERTY MANAGEMENT

Subtitle I. Property AdministrationAcquisition of On-Site Water/Sewer SystemsAntennas on Commission StructuresPublic Use of Consolidated Office Building Facilities

Contents-3

13.45

13.80

TITLE 14

14.05

14.1014.1514.20

14.25

TITLE 15

15.16015.165

15.175

15.190

15.210

Use Regulations for the Triadelphia and T. Howard DuckettWatersheds

Subtitle II. Reserved

Subtitle III. Materials ManagementProcedure for Disposition of Scrap Metal and Surplus Goods

REGULATORY SERVICES

Subtitle I. Industrial Discharge Control ProgramIndustrial Discharge Control Program Enforcement ResponsePlan

Subtitle II. Plumbing and Gas FittingCross-Connection Control Program (CCP)Fats, Oils and Grease ProgramInvestigation of Violations Pertaining to Fats, Oil and GreaseDischargesPlumbing and Fuel Gas Code

RISK MANAGEMENT

Subtitle I. Reserved

Subtitle II. Emergency ManagementEmergency Water Use Restrictions for the Bowie Pressure ZoneEmergency Water Use Restrictions for the Montgomery CountyHigh and Dependent ZonesNotification of Significant Events

Subtitle III. SecurityFirearms Authorization

Subtitle VI. Internal AuditFraud, Waste, and Abuse Hotline Policy

TABLESState Code Citation TableTable of Regulations

INDEX

Contents-4

PREFACE

Citation to the WSSC Code of Regulations : This code should be cited as WSSC; i.e., “seeWSSC 3.05.020.” A code title should be cited WSSC Title 3. A code chapter should be cited Chapter3.05 WSSC. A code section should be cited WSSC 3.05.020. Through references should be made asWSSC 3.05.010 through 3.05.040. Series of sections should be cited as WSSC 3.05.010, 3.05.020,and 3.05.060.

Numbering system: The number of each section of this code consists of three parts, in sequenceas follows: Number of title; number of chapter within the title; number of section within the chapter.Thus WSSC 3.05.020 is Title 3, Chapter 5, Section 20. The section part of the number (.020) initiallyconsists of three digits. This provides a facility for numbering new sections to be inserted betweenexisting sections already consecutively numbered. In most chapters of the WSSC Code of Regula-tions, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant num-bers between original sections so that for a time new sections may be inserted without extension ofthe section number beyond three digits.

Source citations: The source of most sections is enclosed in parentheses at the end of the section.For example, “(REG-HRM-HR-2014-005 § II)” refers to Section 2 of the regulation REG-HRM-HR-2014-005. A semicolon between citations indicates an amendment of the earlier section.

Codification tables: The parenthetical information at the end of each entry in the Table of Regu-lations indicates where the document has been codified. Documents designated as “Superseded” or“Repealed” do not appear in the code.

Index: A complete subject matter index is included for the WSSC Code of Regulations. The indexincludes complete cross-referencing and is keyed to the section numbers described above.

Errors or omissions: Although considerable care has been used in the production of this code,it is inevitable in so large a work that there will be errors. As users of this code detect such errors,it is requested that a note citing the section involved and the nature of the error be emailed to:[email protected], so that correction may be made in a subsequent update.

Digital access: Code Publishing Company supports a variety of digital formats for searching, ex-tracting, and printing code text; please call the publisher for more information.

CODE PUBLISHING COMPANYSeattle, Washington

(206) [email protected]

www.codebook.com

mailto:[email protected]

tel:206-527-6831


http://www.codebook.com/

How to Amend the Code

Code Structure and Organization: The code is organized using a 3-factor decimal numbering systemwhich allows for additions between sections, chapters, and titles, without disturbing existing numbers.

2 . 04 . 050

Title Chapter Section

Typically, there are nine vacant positions between sections; four positions between chapters; and severaltitle numbers are “Reserved” to allow for codification of new material whose subject matter may be related toan existing title.

Enactments of a general or public nature, or one imposing a fine, penalty or forfeiture, are codifiable. Priorto adopting a codifiable enactment, ascertain whether the code already contains provisions on the topic.

Additions: If the proposed enactment will add material not contained in the code, the enactment will spec-ify an “addition”; that is, a new title, chapter, section, or subsection will be added. For example:

Section 1. Chapter 5.20, Taxicab Licenses, is added to read as follows:

– or –

Section 1. A new title, Title 18, Zoning, is added to read as follows:

A specific subsection can also be added when appropriate:

Section 2. Subsection D is added to Section 5.05.070, to read as follows:

Amendments: If the enactment amends existing code provisions, specify the affected section or chapternumbers in the enactment. This kind of amendment typically adds a section to an existing chapter, or amendsan existing section. Set out the entire section or subsection, not just the text (e.g., sentence) that was changed.For example:

Section 1. Section 5.05.030 is amended to read as follows:

– or –

Section 1. Section 5.05.035, Additional fees, is added to Chapter 5.05 to read as follows:

An enactment can also amend a specific subsection of a code section:

Section 3. Subsection B of Section 5.05.070 is amended to read:

Repeals: Enactments which repeal codified material should specify the code chapter, section, or subsectionnumber. The chapter, section, or subsection numbers will be retained in the code, along with their title, as arecord of enactment activity (and as an explanation for gaps in the numbering sequence). The number of therepealed section or chapter can be reused at a later time when desired. For example:

Section 2. Section 5.05.020, License, is repealed.

Renumbering: If the enactment renumbers existing code provisions (either sections or subsections), iden-tify how remaining sections or subsections should be renumbered (or relettered).

Codification Assistance: Code Publishing Company can assist either in specifying code numbers or inproviding remedies for other codification related problems free of charge. Please call us at (206) 527-6831.

tel:206-527-6831

i

WSSC CODE OF REGULATIONS TABLE OF REVISED PAGES


The following table is included in this code as a guide for determining whether the code volume properlyreflects the latest printing of each page. This table will be updated with the printing of each supplement.

Through usage and supplementation, pages in looseleaf publications can be inserted and removed in errorwhen pages are replaced on a page-for-page substitution basis.

The “Page” column lists all page numbers in sequence. The “Revised Date” column reflects the latestrevision date (e.g., “(Revised 2/19)”) and printing of pages in the up-to-date volume. A “—” indicates that thepage has not been revised since the 2019 publication. This table reflects all changes to the code throughregulations passed January 17, 2018.

Page Revised DateCommissioners .............................................. —

Table of Contents1, 2 .................................................................. —3, 4 .................................................................. —

Preface............................................................ —

Title 11, 2 .................................................................. —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —11, 12............................................................... —13, 14 .............................................................. —15, 16 .............................................................. —17, 18 .............................................................. —19, 20 .............................................................. —21, 22 .............................................................. —23, 24 .............................................................. —25, 26 .............................................................. —27, 28 .............................................................. —29, 30 .............................................................. —31, 32 .............................................................. —33, 34 .............................................................. —35, 36 .............................................................. —37, 38 .............................................................. —39, 40 .............................................................. —41, 42 .............................................................. —43, 44 .............................................................. —45 .................................................................... —

Title 21, 2 .................................................................. —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —

11, 12 .............................................................. —13, 14 .............................................................. —15, 16 .............................................................. —17 .................................................................... —

Title 31, 2 .................................................................. —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —11, 12 .............................................................. —13, 14 .............................................................. —15, 16 .............................................................. —17, 18 .............................................................. —19, 20 .............................................................. —21, 22 .............................................................. —23, 24 .............................................................. —25, 26 .............................................................. —

Title 41 ...................................................................... —

Title 51, 2 .................................................................. —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —11, 12 .............................................................. —13, 14 .............................................................. —15, 16 .............................................................. —17, 18 .............................................................. —19, 20 .............................................................. —21, 22 .............................................................. —23, 24 .............................................................. —25, 26 .............................................................. —27, 28 .............................................................. —29, 30 .............................................................. —

Page Revised Date


ii

31, 32............................................................... —33, 34............................................................... —35, 36............................................................... —37, 38............................................................... —39, 40............................................................... —41, 42............................................................... —43, 44............................................................... —45, 46............................................................... —47, 48............................................................... —49, 50............................................................... —

Title 61, 2 ................................................................... —3, 4 ................................................................... —5, 6 ................................................................... —7, 8 ................................................................... —9, 10................................................................. —11, 12 ............................................................... —13, 14............................................................... —15, 16............................................................... —17, 18............................................................... —19, 20............................................................... —21, 22............................................................... —23, 24............................................................... —25, 26............................................................... —27, 28............................................................... —29, 30............................................................... —31, 32............................................................... —33, 34............................................................... —35, 36............................................................... —37, 38............................................................... —39, 40............................................................... —41, 42............................................................... —43, 44............................................................... —45, 46............................................................... —47, 48............................................................... —49, 50............................................................... —51, 52............................................................... —53, 54............................................................... —55, 56............................................................... —57, 58............................................................... —59, 60............................................................... —61, 62............................................................... —63, 64............................................................... —65, 66............................................................... —67, 68............................................................... —69, 70............................................................... —71, 72............................................................... —73, 74............................................................... —75..................................................................... —

Page Revised DateTitle 71....................................................................... —

Title 81....................................................................... —

Title 91, 2................................................................... —3, 4................................................................... —5, 6................................................................... —7, 8................................................................... —9, 10................................................................. —11, 12............................................................... —13, 14............................................................... —

Title 101, 2................................................................... —3, 4................................................................... —5, 6................................................................... —7....................................................................... —

Title 111, 2................................................................... —3, 4................................................................... —5, 6................................................................... —7, 8................................................................... —9, 10................................................................. —11, 12............................................................... —13, 14............................................................... —15, 16............................................................... —17, 18............................................................... —19, 20............................................................... —21, 22............................................................... —23, 24............................................................... —25, 26............................................................... —27, 28............................................................... —29, 30............................................................... —31, 32............................................................... —33, 34............................................................... —35, 36............................................................... —37, 38............................................................... —39, 40............................................................... —41, 42............................................................... —43, 44............................................................... —45, 46............................................................... —47, 48............................................................... —49, 50............................................................... —51, 52............................................................... —53, 54............................................................... —55, 56............................................................... —

Page Revised Date


iii

57, 58 .............................................................. —59, 60 .............................................................. —61, 62 .............................................................. —63, 64 .............................................................. —65, 66 .............................................................. —67, 68 .............................................................. —69, 70 .............................................................. —71, 72 .............................................................. —

Title 121 ...................................................................... —

Title 131, 2 .................................................................. —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —11, 12............................................................... —13, 14 .............................................................. —15, 16 .............................................................. —17, 18 .............................................................. —19, 20 .............................................................. —21 .................................................................... —

Title 141, 2 .................................................................. —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —11, 12............................................................... —13, 14 .............................................................. —15, 16 .............................................................. —17, 18 .............................................................. —19, 20 .............................................................. —21 .................................................................... —

Title 151, 2 .................................................................. —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —11, 12............................................................... —13, 14 .............................................................. —15, 16 .............................................................. —17, 18 .............................................................. —

Page Revised DateTables1 ...................................................................... —A-1, A-2.......................................................... —A-3 .................................................................. —B-1, B-2 .......................................................... —B-3 .................................................................. —

Index1, 2 .................................................................. —3, 4 .................................................................. —5, 6 .................................................................. —7, 8 .................................................................. —9, 10 ................................................................ —11, 12 .............................................................. —13, 14 .............................................................. —15 .................................................................... —

Page Revised Date

1.101.151.27

1.55

1.601.651.701.75

Title 1

GOVERNANCE

Chapters:

Subtitle I. Policy and Procedure

Access to Sensitive Engineering RecordsBylaws, Rules, and RegulationsProcedures for Innovation and Research

Subtitle II. Committees and Boards

Reimbursement of Expenses for Volunteer Board Members

Subtitle III. Ethics

Appointment of Board of Ethics MembersBoard of Ethics Rules of ProcedureCode of EthicsPublic Review of Employee Financial Disclosure Statements

1-1

1.10.0101.10.0201.10.0301.10.0401.10.0501.10.0601.10.0701.10.080

1.10.090

1.10.010

1.10.020

1.10.030

Subtitle I. Policy and Procedure

Chapter 1.10

ACCESS TO SENSITIVE ENGINEERINGRECORDS

Sections:Purpose.Authority.Definitions.Restrictions on access to records.Exception request procedures.Approval.Denial.WSSC distribution of sensitivedocuments.Distribution or disclosure of recordsprovided under this procedure.

Purpose.A. This chapter describes the Washington Sub-

urban Sanitary Commission’s (WSSC) procedurefor responding to requests for access to sensitiveengineering records. Access to these records mustbe controlled as necessitated for protection of crit-ical infrastructure in a post 9/11 environment.

B. WSSC finds that the disclosure or inspectionof sensitive engineering records, as defined herein,without appropriate controls, could:

1. Jeopardize the security of structuresowned or operated by the WSSC;

2. Facilitate the planning of a terrorist attack;or

3. Endanger the life or physical safety ofWSSC employees, customers and the public atlarge.

C. WSSC further finds that unrestricted disclo-sure or inspection of these records would be con-trary to the public interest, and thus hereby de-termines that such disclosure or inspection shallbe denied, except as otherwise specified herein.These restrictions are permitted under the StateGovernment Article, § 10-618(j)(2), AnnotatedCode of Maryland, which allows denial of accessto records of water or wastewater systems shouldsuch access be contrary to the public interest. Notealso this chapter is an exception to WSSC Chapter2.40, Requests for WSSC Records under the

Maryland Public Information Act. (SEC 12-01§ 1)

Authority.The General Counsel’s Office certifies that the

statutory authority for the adoption of the regula-tion codified in this chapter is the Public UtilitiesArticle, § 17-403, and the State Government Arti-cle, § 10-618(j)(2), Annotated Code of Maryland,which permits the denial of access to records ofwater or wastewater systems should such access becontrary to the public interest. (SEC 12-01 § 2)

Definitions.“Agent” means an employee or representative

of a company.“Clearance” means when an individual, com-

pany or its agent has been approved by the Com-mission to access sensitive documents as definedin this chapter.

“Company” means any business entity, includ-ing by not limited to a private firm, partnership,sole proprietorship or government agency.

“ERISA” means WSSC’s Engineering RecordsInformation Secured Access database.

“External” means any non-WSSC employeedocument user.

“Facility” means any WSSC building or treat-ment site, including but not limited to the fol-lowing: dam, water treatment plant, water pump-ing station, water storage facility, wastewater treat-ment plant, wastewater pumping station, RichardG. Hocevar Building (RGH), or depot/mainte-nance shop. The facility includes related pipingand appurtenances (such as vaults and valves) con-tained within its property lines.

“Individual” means any person whether repre-senting themselves or a company.

“Internal” means any WSSC employee docu-ment user.

“Internal Security Task Force (ISTF)” meansthe standing committee of WSSC staff responsiblefor understanding, assessing, and addressing secu-rity vulnerabilities.

“Police and Homeland Security Division(PHSD)” means the WSSC Police and HomelandSecurity Division (PHSD), which implements therecommendations of WSSC’s Internal SecurityTask Force, and is located in the Richard G. Hoce-

WSSC CODE OF REGULATIONS 1.10.030

☰ indicates a file which can be downloaded at https://wssc.district.codes/Code/Files1.10

1-3

https://municipal.codes/MD/Code/GSG/10-618(j)(2)

https://municipal.codes/MD/Code/GPU/17-403


1.10.040

var Building located at 14501 Sweitzer Lane, Lau-rel, Maryland 20707.

“Principal” means an authorized officer of acompany or an authorized representative of a gov-ernment agency.

“Requestor” means an individual or companyseeking access to sensitive engineering records asdefined in this chapter.

“Sensitive engineering records” means plans,drawings or documents relating to WSSC facilitiesor systems that could reasonably be used to aid inor plan for contaminating or damaging the WSSCsystem. Such records are limited to:

1. Plans, blueprints, drawings, operationalmanuals, map books, or other records includingthreat assessments, disaster response plans, andcontract documents relating to WSSC water orwastewater facilities and water transmission mainsover 24 inches in diameter;

2. Plans, blueprints, drawings, operationalmanuals, 200-foot sheets, map books, or otherrecords, including contract documents, of theWSSC water distribution system; and

3. Plans, blueprints, drawings, operationalmanuals, 200-foot sheets, or other records, includ-ing contract documents, of sensitive on-site sys-tems within the Washington Sanitary SuburbanDistrict.

“Sensitive on-site system” means an on-site dis-tribution or collection system owned or occupiedby a federal, state or local government agency, tothe extent such ownership or occupancy is knownor satisfactorily proven to WSSC.

“Water distribution system” means the pipingand appurtenances (except those covered under fa-cilities) constituting the distribution network forthe potable water system.

“WERI” means WSSC’s EngineeringRecords/Information system. (Amended during2019 codification; SEC 12-01 § 3)

Restrictions on access to records.A. Distribution and access to sensitive engi-

neering records varies depending on the type ofasset for which they provide information. For thepurposes of this policy, three classes are defined:

1. Facilities and transmission mains over 24inches in diameter;

2. Water distribution system; and3. Sensitive on-site systems.

B. The following restrictions apply:1. Facilities and Transmission Mains over 24

Inches in Diameter. Access is denied; however, en-gineers, contractors, and/or subcontractors work-ing for WSSC on specific projects may requestaccess as specified in the contract solicitation doc-uments. Such access must also be approved by thePolice and Homeland Security Division Manager,and should access be approved, sensitive engineer-ing facility and transmission main records will notbe distributed to any individual or company untilthat individual or company has been approved toreceive them in accordance with the proceduresdescribed in WSSC 1.10.050.

2. Water Distribution System Records. Ac-cess is denied; however, requestors may be grantedlimited access to WSSC’s WebMap or providedpaper copies if approved under the procedures de-scribed in WSSC 1.10.050.

3. Sensitive On-Site System Records. Accessis denied. Sensitive on-site documents will be pro-vided only to the property owner or their desig-nated agent of the particular on-site system. Thereare no exceptions to this requirement.

4. Note that these restrictions do not applyto records relating to inspections by or citationsissued by the federal, state or local governments,or records relating to any of the above classes offacilities or infrastructure that have experienced acatastrophic or emergency event.

C. Approval of requestor for either of the firsttwo classes of information will be based uponproof of legitimate business purposes. Proof mustbe provided by the requestor and confirmed by ref-erences as described in WSSC 1.10.050. Legiti-mate business purposes may include:

1. Engineers or contractors involved in in-stallation or repair of new or existing portions ofthe WSSC facilities, water transmission mains orwater distribution system;

2. Developers or engineers involved in iden-tification of water and sewer system availabilityfor new development;

3. County governments using informationfor zoning, category changes, etc.;

4. Potential bidders and subcontractors in-volved in work on distribution/collection systemand/or facilities;

1.10.040 ACCESS TO SENSITIVE ENGINEERING RECORDS

1-4


1.10.050

5. Engineers or contractors performing orbidding on on-site work, as authorized by on-siteowner;

6. Plumbers working on renovations/tie-insto existing systems;

7. Other utility companies’ work requiringthe use of sensitive documents; and/or

8. Other business usages which are expresslyauthorized by the General Manager. (Amendedduring 2019 codification; SEC 12-01 § 4)

Exception request procedures.A. Application. In order to qualify for any of

the exceptions to denial of access listed in WSSC1.10.040 and receive any WSSC sensitive engi-neering records, a requestor must first submit anonline application. The online application may befound on WSSC’s Internet page under “Busi-nesses,” “Development Services,” “W.E.R.I.”.

1. The application requires the following re-questor information:

a. Full name.b. Driver’s license number and state of

origin.c. Contact Information.

i. Home information (required if the re-questor is self-employed or unemployed):

A. Address (including number andstreet, city, state, zip and country);

B. Telephone number;C. Fax number (optional); andD. Email address (required if Internet

access is requested).ii. Company information (if applica-

ble):A. Address (including number and

street, city, state, zip and country);B. Telephone number and extension;C. Fax number (optional);D. Email address (required if Internet

access is requested);E. Name, telephone number, exten-

sion and fax number of principal of company au-thorizing access to WSSC records, if applicable. Acompany principal must confirm requestor’s em-ployment, length of employment, position, and re-lated business purpose.

d. Description of intended business use ofWSSC sensitive engineering records.

e. Authorized WSSC contact (required ifrequestor is working on a project for WSSC).

f. Records/information requested (at leastone box must be checked):

i. Paper or electronic copy.ii. Internet access to WSSC WebMap or

eGIS system.g. Requested user ID (required for Internet

access only).2. Applications may be submitted from any

personal computer having Internet access or at theWSSC’s Security Desk counter located in thelobby of the RGH building in Laurel, Maryland.Upon successful submission of the application, therequestor will be provided with an applicationnumber for tracking purposes.

3. To complete the application process, therequestor must personally appear at WSSC’s Secu-rity Desk counter within 30 days of submitting theelectronic application and provide a current, validdriver’s license for validation of the application. Ifthe requestor does not complete the process within30 days, their application will be deleted from thesystem and they will have to reapply for access.On a case-by-case basis, individuals from a dis-tant, out-of-state location or with a legitimate rea-son for not personally appearing may be allowed,at the discretion of the Police and Homeland Se-curity Division Manager, to mail in a signed copyof the application form with a copy of their cur-rent, valid driver’s license to the Police and Home-land Security Division at 14501 Sweitzer Lane,Laurel, Maryland 20707. The driver’s license copyand signature on the application form must be no-tarized before mailing.

B. Validation. Police and Homeland SecurityDivision personnel at the Security Desk will ac-cess the requestor’s online application to confirmthat the information provided on the applicationmatches the information on the requestor’s dri-ver’s license and validate that the person present-ing the driver’s license is the same person picturedon the driver’s license. Once the validation processis complete, the requestor will be required to pro-vide an electronic signature certifying that the in-formation provided on the application is completeand accurate, acknowledging that providing falseinformation could be cause for refusal, and agree-ing to comply with specified renewal and nondis-



1-5

1.10.060

1.10.070

1.10.080

closure terms (see attachment☰ for terms andconditions on application form for requesting sen-sitive engineering records). The requestor’s dri-ver’s license will be scanned. Once the requestor’ssignature and driver’s license information havebeen captured electronically, the updated applica-tion will be submitted electronically for reviewand approval by the Police and Homeland SecurityDivision.

In the case of a notarized application submittedby a distant requestor, Police and Homeland Se-curity Division will confirm the requestor’s signa-ture, driver’s license copy and notarization, scan inthe driver’s license and fill in the electronic signa-ture with the words “OUT OF STATE.” The nota-rized application form will be forwarded, and theapplication status will change electronically, mak-ing it available for the Police and Homeland Se-curity Division to proceed with the backgroundreview.

C. Background Review. Upon receipt of a val-idated application, Police and Homeland SecurityDivision will conduct a background review. Thebackground review may consist of personal con-tact with the requestor, reference checks, and crim-inal history checks. The purpose of these checks isto verify the following information:

1. Requestor’s identity;2. Requestor’s home address and telephone

number;3. Requestor’s business affiliation;4. Requestor’s business address and tele-

phone number;5. Legitimate business need (as defined pre-

viously in WSSC 1.10.040(C)) for access toWSSC’s sensitive engineering records; and

6. Lack of notable criminal history.D. Requestors may be refused access to

WSSC’s sensitive engineering records for the fol-lowing reasons:

1. Providing false identity, address, tele-phone number or other personal information;

2. Providing false business information;3. Lack of legitimate need to access WSSC’s

sensitive engineering records;4. Appearance on any federal, state, or local

terrorist watch list;5. Affiliation with terrorist, criminal, or sub-

versive organizations;

6. Violent criminal history;7. Criminal history that indicates extensive

drug possession;8. Criminal history that indicates possession

of drugs with the intent to distribute; and/or9. Other extensive criminal history.

(Amended during 2019 codification; SEC 12-01§ 5)

Approval.If approved, Police and Homeland Security Di-

vision will change the status of the requestor to ap-proved, and the system will automatically generatean email to notify the requestor of the approvalwith a user login ID and an initial password. Therequestor must log in within 30 days of the orig-ination date of the notification email and changetheir initial password; if the requestor fails to doso, their login ID will become invalid and theywill be required to reapply for access to the sys-tem. If the login failure is due to a system erroror a WSSC related circumstance out of their con-trol, the requestor may contact Police and Home-land Security Division employees for assistance. IfWSSC is found to be at fault, additional time maybe provided for the required login. (Amended dur-ing 2019 codification; SEC 12-01 § 6)

Denial.Should the background review not be approved

and access denied, the Police and Homeland Se-curity Division Manager will notify the requestorby email and first class mail of the denial and thereasons for same. The requestor may, within 30calendar days after receipt of the notice of denial,request an administrative hearing pursuant to theprocedures set forth in WSSC 2.40.120. (Amendedduring 2019 codification; SEC 12-01 § 7)

WSSC distribution of sensitivedocuments.

WSSC employees (in any business unit) maynot distribute sensitive engineering records to ex-ternal users unless they have been approvedthrough this process. This includes the following:

A. An individual requesting a hard copy draw-ing(s);

B. Contractors and subcontractors purchasingor obtaining bid documents containing sensitiveengineering records;

1.10.060 ACCESS TO SENSITIVE ENGINEERING RECORDS

1-6


https://municipal.codes/MD/WSSC/Code/Media/SEC1201.pdf#page=8

1.10.090

1.15.0101.15.0201.15.030

1.15.0401.15.0501.15.0601.15.0701.15.0801.15.0901.15.100

1.15.1101.15.120

1.15.1301.15.140

1.15.1501.15.160

1.15.170

1.15.180

1.15.1901.15.200

1.15.2101.15.2201.15.230

C. Other government agencies requesting sen-sitive engineering records; and/or

D. Engineers/consultants requesting sensitiveengineering records for projects for WSSC.

Any questions or concerns an employee has re-garding an approved individual, company and/orcompany agent and the level of access grantedmust be addressed to the Police and Homeland Se-curity Division Manager.

The WSSC employee distributing sensitive en-gineering records must confirm the requestor’sidentity (through checking photo ID), their ap-proved status (using the ERISA system accessiblefrom the WSSC Intranet), and the legitimate busi-ness purpose. WSSC employees shall provide onlythe information needed to accomplish the legiti-mate business purpose. When possible, the em-ployee should transmit the necessary informationwithout the disclosure of sensitive engineeringrecords (e.g., providing text description of re-quested information rather than a drawing). Anyapplicable fees for copying would apply.(Amended during 2019 codification; SEC 12-01§ 8)

Distribution or disclosure ofrecords provided under thisprocedure.

Distribution or disclosure of sensitive engineer-ing records by approved requestors to other indi-viduals or entities is governed by the terms of thenondisclosure agreements signed (or accepted) bythe individual during the registration/applicationprocess. The intent of the nondisclosure agreementis to prevent any unauthorized exchange, distribu-tion, or disclosure of sensitive engineering recordsby approved requestors to other individuals or en-tities. The degree of exchange, distribution, or dis-closure will be limited based on the class of doc-uments and the projects or business purpose in-volved. A copy of the nondisclosure agreement☰terms and conditions is attached. (Amended during2019 codification; SEC 12-01 § 9)

Chapter 1.15

BYLAWS, RULES, AND REGULATIONS

Sections:

Article I. The Commission

Statutory basis.Members of the Commission.Commission staff.

Article II. Commission Meetings

Open meetings.Definition of meeting.Definition of a quorum.Meetings.Meetings by telephone.Other nonemergency meetings.Notice of public meetings.

Article III. Official Action

Definition of majority vote.Majority vote as basis for officialaction.Official action without a vote.Distinguishing personal opinionsfrom official Commission action.

Article IV. Official Emergency Action

Official emergency action defined.Action to abate a declaredemergency.Emergency action constitutesofficial action.Recording emergency action.

Article V. Meeting Agendas

Preparation of meeting agendas.Distribution of draft meetingagendas.Publication of agendas.Meetings shall follow agendas.Modifying an agenda afterpublication.



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1.15.2401.15.2501.15.2601.15.2701.15.2801.15.2901.15.300

1.15.3101.15.3201.15.330

1.15.3401.15.3501.15.3601.15.370

1.15.3801.15.390

1.15.400

1.15.4101.15.4201.15.430

1.15.010

1.15.020

1.15.030

Article VI. Meeting Procedures

Open meeting procedures.Closed meeting procedures.Method of voting at meetings.Recording votes at meetings.Motion to reconsider.Minutes.Rules regarding conduct of personsattending meetings and publicinformation hearings.

Article VII. Duties of the Chair, Vice Chair andCommissioners

Chair.Chair’s duties.Chair’s appointments to ad hoccommittees and boards.Vice Chair.Commissioners.Commissioners’ duties.Temporary Chair.

Article VIII. Code of Ethics – Lobbying ActivityReports

Code of Ethics applicability.Financial disclosure filing –Counties.Financial disclosure filing – State.

Article IX. Amendment or Suspension ofBylaws

Method of amendment.Method of notice of amendment.Temporary suspension.

Article I. The Commission

Statutory basis.The Commission is established under the laws

of the State of Maryland, and its authority, func-tions and responsibilities are set forth in the PublicUtilities Article, § 16-101 et seq., Annotated Codeof Maryland. (Bylaws, rules, and regulations§ 1.01, dated May 16, 2012)

Members of the Commission.The Commission is composed of six members,

three each from Montgomery County and PrinceGeorge’s County, serving four-year terms as setforth in the Public Utilities Article, § 17-102, An-notated Code of Maryland. (Bylaws, rules, andregulations § 1.02, dated May 16, 2012)

Commission staff.A. General Manager.

1. The Commission is permitted to appointand prescribe the functions of a General Manager(GM) pursuant to the Public Utilities Article,§ 18-106(b)(2), Annotated Code of Maryland.

2. The GM shall be appointed, and may beremoved, by action taken in accordance with thischapter.

3. Pursuant to the WSSC Delegation of Au-thority, and/or other directives of the Commission-ers, the GM is charged with the day-to-day su-pervision, operation and management of the Com-mission and with carrying out the Commissioners’actions, decisions, and policies.

B. Corporate Secretary.1. The Commission shall appoint a Corpo-

rate Secretary to conduct the administrative, pol-icy, and governance activities of the Commission-ers’ Office.

2. The Corporate Secretary shall be ap-pointed by action taken in accordance with ArticleII of this chapter.

3. The Corporate Secretary shall have the au-thority vested as the Commission’s Parliamentar-ian at Commission meetings.

4. The Corporate Secretary shall have suchother duties as the Commissioners may prescribeand/or as delegated in the Delegation of Authority.

C. Internal Auditor.1. The Commissioners shall appoint an Inter-

nal Auditor to evaluate and improve the effective-ness of risk management, control, and governanceprocesses.

2. The Internal Auditor shall be appointed byaction taken in accordance with Article II of thischapter.

3. The Internal Auditor shall have such du-ties as the Commissioners may prescribe and/or asdelegated in the Internal Audit Charter.

1.15.010 BYLAWS, RULES, AND REGULATIONS

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https://municipal.codes/MD/Code/GPU/18-106(b)(2)

1.15.040

1.15.050

1.15.060

1.15.070

1.15.080

D. Director, Small, Local and MinorityBusiness Enterprises.

1. The Commissioners shall direct the policyaspects of the duties of the Director, Small, Localand Minority Business Enterprises (SLMBE). TheGM shall direct the operational aspects of theSMLBE Director.

2. The SLMBE Director shall have such du-ties as the Commissioners may prescribe or as aredelegated in the Delegation of Authority.

E. Other Positions as May Be Determined bythe Commission.

1. The Commissioners shall direct the policyaspects of the duties of other positions as may bedetermined by the Commission.

2. The other positions as may be determinedby the Commission shall have such duties as theCommissioners may prescribe or as are delegatedin the Delegation of Authority. (Bylaws, rules, andregulations § 1.03, dated May 16, 2012)

Article II. Commission Meetings

Open meetings.The Commission shall conduct all sessions in

accordance with the Maryland Open Meetings Act(OMA) contained in the General Provisions Ar-ticle, § 3-101 et seq., Annotated Code of Mary-land. Pursuant to the General Provisions Article,§ 3-101 et seq., Annotated Code of Maryland, ex-cept as otherwise expressly provided by law, theCommission shall meet in open session.(Amended during 2019 codification; Bylaws,rules, and regulations § 2.01, dated May 16, 2012)

Definition of meeting.The term “meeting,” and all similar terms,

means the convening of a quorum of the Com-missioners for the consideration or transaction ofpublic business. As stated in the General Provi-sions Article, § 3-103, Annotated Code of Mary-land, the OMA does not apply when the WSSCis carrying out an administrative function, judicialfunction, or quasi-judicial function, or to a chanceencounter, social gathering, or other occasion thatis not intended to circumvent the OMA. (Amendedduring 2019 codification; Bylaws, rules, and regu-lations § 2.02, dated May 16, 2012)

Definition of a quorum.A quorum consists of four members of the Com-

mission. (Bylaws, rules, and regulations § 2.03,dated May 16, 2012)

Meetings.A. Meetings of the Commission will usually be

held at the principal offices of the Commission inLaurel, Maryland.

B. The Commission, by majority vote at thefirst Commission meeting after May 31st of eachyear, shall set the fiscal year’s schedule of meet-ings.

C. The Commission, by majority vote, maycancel, reschedule, or postpone any regularlyscheduled meeting as it deems necessary or appro-priate under the circumstances.

D. Meetings of the Commission may berecorded. Recordings will be preserved for a pe-riod of one year or as prescribed in the Open Meet-ings Act. (Bylaws, rules, and regulations § 2.04,dated May 16, 2012)

Meetings by telephone.A. Statutory Authority for Telephonic

Meetings. All telephone meetings are subject tothe Open Meetings Act.

B. Telephone Meeting Protocols.1. The Chair shall have the authority to call

for a meeting to be held by telephone whendeemed necessary or appropriate. As used in Arti-cle II of this chapter, the term “telephone” includesvideoconferencing.

2. The telephonic meeting shall be held inopen session, unless closed pursuant to law.

3. The telephone meeting’s agenda shall bepublished in the same manner as for any othermeeting.

4. The public shall be advised of the meetingin the same manner as any other meeting, pursuantto WSSC 1.15.100.

5. The public shall be permitted to partici-pate in all open sessions held by telephone in thesame manner as if the session were held in per-son. The Corporate Secretary, or a person desig-nated in writing by the Corporate Secretary, shallbe present in the designated meeting room to pre-side over the public attendees to a telephonic meet-ing. Alternatively, the Commission shall provide a



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1.15.090

1.15.100

1.15.110

1.15.120

1.15.130

call-in telephone number for public participationin open, telephone-only meetings.

C. Telephonic Participation by TemporarilyAbsent Commissioner(s) During In-PersonMeetings.

1. One or more Commissioner(s) unable tobe physically present at a meeting may participatein a Commission meeting by means of a speaker-phone.

2. Conduct of all meetings involving tele-phonic communication shall be in accordance withthis chapter. (Bylaws, rules, and regulations§ 2.05, dated May 16, 2012)

Other nonemergency meetings.A. The Chair shall have the authority to call

such other meetings of the Commission that theChair deems necessary.

B. A meeting shall be called by the Chair if re-quested by a majority of the Commissioners.

C. The notice for, and conduct of, such meet-ings is subject to this chapter, the Maryland OpenMeetings Act, the Maryland Public InformationAct and any other applicable Maryland law. (By-laws, rules, and regulations § 2.06, dated May 16,2012)

Notice of public meetings.The Commission shall give reasonable advance

notice of public meetings and shall comply with allnotice requirements stated in the Open MeetingsAct.

A. Notice shall be given by posting on an iden-tified web page located on the WSSC Internetwebsite (www.wsscwater.com);

B. The notice shall be in writing and state thedate, time, and place of the session, and, if appro-priate, include a statement that a part or all of ameeting may be conducted in closed session andthe reason for closing the meeting;

C. The notice shall be posted near the agendawhich states the order of business but such agendashall be subject to change on the day of the meet-ing. (Bylaws, rules, and regulations § 2.07, datedMay 16, 2012)

Article III. Official Action

Definition of majority vote.Unless provided otherwise by statute, regula-

tion, this chapter or other applicable law:A. “Majority vote” is a majority of the Com-

missioners present and voting at a meeting; butB. An additional basic requirement of a major-

ity vote is that the tally of the majority must in-clude one vote cast by at least one Commissionerfrom each county; and

C. A Commissioner who abstains is present butis not counted as voting.

In the limited situations and for the specific pur-poses set forth in WSSC Chapter 1.35, Procedurefor Obtaining Payment of, or Reimbursement for,Legal Expenses of an Incumbent or Former Com-missioner, the voting provisions stated thereinshall be controlling notwithstanding anything tothe contrary in this chapter, including but not lim-ited to the requirements of this section. (Bylaws,rules, and regulations § 3.01, dated May 16, 2012)

Majority vote as basis for officialaction.

A. The Commission acts by majority vote, inopen or closed sessions, with the exception of theChair acting pursuant to Article IV of this chapter.

B. No Commissioner or group of Commission-ers may act in the name of the Commission outsideof meetings, unless previously authorized by offi-cial Commission action as defined in this chapter.

C. The Chair or any Commissioner so autho-rized by official Commission action shall representthe Commission and express the Commission’sposition in all matters relating to the business ofthe Commission. (Bylaws, rules, and regulations§ 3.02, dated May 16, 2012)

Official action without a vote.Matters of routine or minor significance, as de-

termined by the Chair, may be carried without aformal motion or objection, and unless a memberobjects or such action is prohibited by this chapteror other law applicable to WSSC, that action shallbe deemed taken and shall be so recorded by theCorporate Secretary. (Bylaws, rules, and regula-tions § 3.03, dated May 16, 2012)


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1.15.140

1.15.150

1.15.160

1.15.170

1.15.180

1.15.190

1.15.200

1.15.210

Distinguishing personal opinionsfrom official Commission action.

Any Commissioner may present his/her individ-ual views, minority views or supplemental reports,regarding any matter related to the business of theCommission including legislation and legislativereports; provided, that the Commissioner identifiessuch views as personal or minority views and notthe position of the Commission. No Commissioneror group of Commissioners shall directly or by im-plication represent that a Commissioner’s personalopinions are the position of the Commission. (By-laws, rules, and regulations § 3.04, dated May 16,2012)

Article IV. Official Emergency Action

Official emergency action defined.An emergency shall be deemed such when there

is a serious, imminent, and unforeseen threat tothe safety of the public, or to the WSSC system,its personnel, structures, or equipment. The GMwith the concurrence of the Chair and the ViceChair may declare an emergency. (Bylaws, rules,and regulations § 4.01, dated May 16, 2012)

Action to abate a declaredemergency.

In the event that an emergency is declared, andif the GM, Chair and Vice Chair reasonably be-lieve that there is insufficient time to consult withthe remaining Commissioners, the Chair and ViceChair may exercise the powers of the Commissionto the extent, and solely to the extent, necessaryto address the imminent threat. Such exercise ofpower constitutes an emergency meeting, subjectto the Open Meetings Act and this chapter. Suchactions shall be confirmed at the next regularlyscheduled meeting of the Commission by adoptionof the minutes of that emergency meeting. (By-laws, rules, and regulations § 4.02, dated May 16,2012)

Emergency action constitutesofficial action.

Any emergency action taken by the Commis-sion shall be an official act of the Commission.(Bylaws, rules, and regulations § 4.03, dated May16, 2012)

Recording emergency action.Any emergency action taken by the Commis-

sion shall be communicated to the Corporate Sec-retary who shall prepare a summary of the actiontaken, including the vote of each Commissionerand record the same in official Commission min-utes. Such actions shall be confirmed at the nextregularly scheduled meeting of the Commissionby adoption of the minutes. (Bylaws, rules, andregulations § 4.04, dated May 16, 2012)

Article V. Meeting Agendas

Preparation of meeting agendas.A. Regular Meetings. The Corporate Secretary,

subject to the approval of the Chair, shall preparean agenda for each regularly scheduled meetingcalled pursuant to WSSC 1.15.070 and 1.15.080.

B. Emergency Meetings. If time permits andsubject to the approval of the Chair, the CorporateSecretary shall prepare an agenda for an emer-gency meeting.

C. A member of the Commission may requestitem(s) be placed on any agenda or rearranged onany agenda by communicating such request to theChair prior to publication of the agenda.

D. The Chair shall determine the final agendafor distribution and posting subject to WSSC1.15.230. (Bylaws, rules, and regulations § 5.01,dated May 16, 2012)

Distribution of draft meetingagendas.

The Corporate Secretary, subject to the approvalof the Chair, shall prepare and provide a copy ofa draft meeting agenda to each Commissioner inadvance of such meeting, preferably no less thanthree days before meeting packets are due to bedistributed. (Bylaws, rules, and regulations § 5.02,dated May 16, 2012)

Publication of agendas.A. All agendas for regular meetings shall be

posted on the WSSC website, www.wsscwa-ter.com, within a reasonable time preceding theregular meeting.

B. All agendas for emergency meetings shall beposted prior to the meeting if time permits and ifnot, shall be posted within five business days af-ter an emergency meeting absent exigent circum-



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http://www.wsscwater.com/


1.15.220

1.15.230

1.15.240

1.15.250

1.15.260

1.15.270

1.15.280

stances. (Bylaws, rules, and regulations § 5.04,dated May 16, 2012)

Meetings shall follow agendas.The order of business at all meetings of the

Commission shall follow the agenda unless theCommission orders otherwise. (Bylaws, rules, andregulations § 5.05, dated May 16, 2012)

Modifying an agenda afterpublication.

At a meeting by majority vote, agenda itemsmay be rescheduled, removed, or deferred, and ad-ditional items may be added as authorized by theOpen Meetings Act, Robert’s Rules of Order orother applicable Maryland law. (Bylaws, rules, andregulations § 5.06, dated May 16, 2012)

Article VI. Meeting Procedures

Open meeting procedures.A. Governing Law. Meetings shall be con-

ducted in accordance with a current version ofRobert’s Rules of Order, Revised, the Open Meet-ings Act, or other applicable Maryland law exceptwhere otherwise specifically required by thischapter. The method for temporary suspension ofthe bylaws codified in this chapter is specified inArticle IX of this chapter.

B. All meetings of the Commission shall beopen to the public unless closed in accordancewith the Open Meetings Act and Article II of thischapter. (Bylaws, rules, and regulations § 6.01,dated May 16, 2012)

Closed meeting procedures.A. The Commission may meet in closed ses-

sion only for the reasons enumerated in the Gen-eral Provisions Article, § 3-305, Annotated Codeof Maryland.

B. The Commission may meet in closed sessiononly if by majority vote the Commissioners electto do so, even where the Open Meetings Act mayauthorize the meeting’s closure.

C. Before the Commission meets in closed ses-sion, the Chair of the Commission shall ensure thatsuch closure conforms to all relevant provisions ofthe Open Meetings Act.

D. Before the Commission meets in closed ses-sion, the Chair shall comply with the Open Meet-

ings Act. (Bylaws, rules, and regulations § 6.02,dated May 16, 2012)

Method of voting at meetings.A. A Commissioner shall vote either yea, nay,

or abstain on actions where a vote is taken.B. Failure to indicate yea, nay, or abstention

will be construed and recorded as a yea vote.C. A Commissioner may not vote “present.”D. A Commissioner who determines that

he/she has a conflict of interest under the Mary-land Public Ethics Law (the General ProvisionsArticle, Title 5, Annotated Code of Maryland), orany successor provision thereto, with respect toa matter, shall announce his/her intention to ab-stain at the earliest opportunity, typically at the be-ginning of the Commission meeting at which thematter is to be considered for the first time. ACommissioner who announces his/her intention toabstain shall give the reason for his/her abstention,and thereafter be disqualified from any or furtherparticipation in that matter including moving re-consideration, and the same shall be recorded bythe Corporate Secretary. For purposes of this sub-section, the term “participation” shall mean thecontribution in any manner to a proceeding or rec-ommendation or to the rendering of a determina-tion, or the approval or denial of an award, license,contract, or transaction, or failure to act with re-spect thereto when such failure to act is mater-ial. (Amended during 2019 codification; Bylaws,rules, and regulations § 6.03, dated May 16, 2012)

Recording votes at meetings.At all meetings of the Commission, the name of

the movant and of the Commissioner seconding amotion shall be recorded and a vote shall be takenby yeas, nays, or abstentions with the vote of eachmember recorded. (Bylaws, rules, and regulations§ 6.04, dated May 16, 2012)

Motion to reconsider.Commissioners may move to reconsider actions

as follows:A. A Commissioner who is absent from a Com-

mission meeting may move to reconsider any ac-tion taken by the Commission during that Com-missioner’s absence but:


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1.15.290

1.15.300

1. Such motion to reconsider must be madewithin the next two succeeding Commission meet-ings following the Commissioner’s absence;

2. Shall not require a second; and3. Must be approved by majority vote.

B. Motions to reconsider for reasons other thanCommissioner absence from a meeting shall bemade:

1. By a Commissioner who voted with theprevailing side;

2. On the same day the vote to be reconsid-ered was taken; and

3. Must be approved by majority vote.C. In the limited situations and for the specific

purposes set forth in WSSC Chapter 1.35, Proce-dure for Obtaining Payment of, or Reimbursementfor, Legal Expenses of an Incumbent or FormerCommissioner, the voting provisions stated thereinshall be controlling notwithstanding anything tothe contrary in this chapter, including but not lim-ited to the requirements of this section. (Bylaws,rules, and regulations § 6.05, dated May 16, 2012)

Minutes.A. Written minutes shall be kept of all Com-

mission meetings.B. The Corporate Secretary is responsible for

drafting minutes of all Commission meetings.C. The minutes shall conform to the require-

ments of the Open Meetings Act.D. The minutes shall include a record of the

vote of each member on all actions taken.E. A Commissioner may orally request that an

explanation of his/her vote be included in therecord at the time the vote is taken.

F. The minutes shall also carry the reason for anabstention.

G. The written minutes shall be retained indefi-nitely.

H. Minutes of an open session must contain thefollowing information about a closed session:

1. The item discussed;2. Where and the time the meeting took

place;3. Who attended the session;4. The authority in the Open Meetings Act

that sanctions the closing;5. Who voted to close; and6. Actions taken.

I. Minutes of public meetings shall be open forpublic inspection during ordinary business hoursof the WSSC headquarters office.

J. The minutes of closed sessions shall not beopen to public inspection unless it is determinedby a court of competent jurisdiction that such aninspection would not frustrate the purpose for hav-ing the closed session. (Bylaws, rules, and regula-tions § 6.06, dated May 16, 2012)

Rules regarding conduct ofpersons attending meetings andpublic information hearings.

A. Members of the general public have a rightto attend the open meetings of the Commission.

B. The Commission may remove or cause theremoval of any person or persons from an openmeeting upon a determination by the Chair that theperson’s behavior is disrupting an open session.

C. The presentation of each speaker shall belimited to five minutes.

D. The Chair with the consent of the Commis-sioners may grant extended time to elected offi-cials, representatives of local government or otherorganizations, or any other person where an exten-sion of time is considered helpful to the Commis-sion.

E. When a public informational hearing isscheduled, the procedural ground rules, includingbut not limited to provisions for the taking of tes-timony and time limits imposed, shall be as for-mulated by the Commission. The person conduct-ing the meeting shall announce to the members ofthe public in attendance the stated procedures andrequirements which shall be observed during theconduct of the hearing.

F. Rules in this article satisfy the mandate inthe General Provisions Article, § 3-303, AnnotatedCode of Maryland, that the Commission promul-gate rules regarding videotaping, televising, pho-tographing, broadcasting, or recording open ses-sions. (Amended during 2019 codification; By-laws, rules, and regulations § 6.07, dated May 16,2012)



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1.15.310

1.15.320

1.15.330

1.15.340

1.15.350

Article VII. Duties of the Chair, Vice Chairand Commissioners

Chair.A. The Commission shall, at the first meeting

in June of each year, or as soon thereafter as pos-sible, elect from among its members a Chair toserve for a one-year term, or until a successor iselected, as specified in the Public Utilities Article,§ 17-105, Annotated Code of Maryland.

B. The elected Commissioner, at his or her op-tion, may use “Chairman,” “Chair,” or other simi-lar title.

C. The Chair or any member serving as Chairshall preside over a meeting of the Commission.

D. The Chair shall have the right to vote onsuch matters unless otherwise precluded from vot-ing pursuant to any statutory provision. (Bylaws,rules, and regulations § 7.01, dated May 16, 2012)

Chair’s duties.The Chair has the following duties and respon-

sibilities:A. The Chair shall preside at meetings of the

Commission, and perform the customary duties ofthe office of the Chair of a corporate governmentalbody;

B. The Chair shall represent the Commissionand express the Commission’s position in all mat-ters relating to the business of the Commission;

C. Each year, the Chair shall appoint Commis-sioners to serve for a one-year term on WSSCCommission Committees including:

1. The WSSC Employees’ Retirement PlanBoard of Trustees;

2. Other ad hoc committees at the discretionof the Chair;

D. The Chair of each standing committee mayappoint the Parliamentarian to the committee toensure compliance with the Open Meetings Actand Robert’s Rules of Order, Revised. (Bylaws,rules, and regulations § 7.02, dated May 16, 2012)

Chair’s appointments to ad hoccommittees and boards.

The Chair may, with the advice and consent ofa majority of Commissioners, select and name anymember or members of the Commission, the Com-mission staff, a private citizen, or any combinationthereof, to serve on an ad hoc committee of the

Commission, or to serve as a WSSC representa-tive on any board, panel or other such organizationof interest to the Commission. (Bylaws, rules, andregulations § 7.03, dated May 16, 2012)

Vice Chair.A. The Commission shall, at the first meeting

in June of each year, or as soon thereafter as possi-ble, elect from among its members a Vice Chair, asspecified in the Public Utilities Article, § 17-105,Annotated Code of Maryland.

1. The elected Commissioner, at his or heroption, may use “Vice Chairman,” “Vice Chair,”or other similar title.

2. The Vice Chair shall act for the Chair andperform the Chair’s duties in the latter’s absence.(Bylaws, rules, and regulations § 7.04, dated May16, 2012)

Commissioners.A. Appointment. Commissioners are appointed

pursuant to the Public Utilities Article, § 17-103,Annotated Code of Maryland, and take an oath toserve the ratepayers and employees of the Wash-ington Suburban Sanitary Water District and oth-ers as appropriate.

B. Responsibilities.1. Commissioners must exercise care, dili-

gence and skill that an ordinary, prudent personwould exhibit under similar circumstances.

2. Commissioners must pursue WSSC’s bestinterests.

3. Commissioners must avoid self-dealing.4. Full disclosure and Commission approval

should be sought in each case that may be ques-tionable.

5. Commissioners must act in accordancewith WSSC’s rules and regulations and in further-ance of its goals as stated in the following WSSCdocuments:

a. The Public Utilities Article, § 17-101,Annotated Code of Maryland.

b. Bylaws.c. Mission Statement.d. Employee Communications Policy.e. Personnel Policy.f. Code of Ethics (WSSC Chapter 1.70).

6. Provide oversight of the personnel mattersof direct reports to Commissioners, and others asmay be stated in the WSSC Delegation of Author-


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ity. (Bylaws, rules, and regulations § 7.05, datedMay 16, 2012)

Commissioners’ duties.A. Attend all commission meetings in person

and by telephone/video when circumstances pre-clude in-person attendance;

B. Set WSSC’s mission and purpose in an an-nual strategic plan;

C. Select a General Manager;D. Support the General Manager;E. Ensure effective organizational planning by

evaluating the GM’s performance;F. Ensure adequate corporate resources by pru-

dent management of the WSSC capital and operat-ing budgets;

G. Promote accountability of all managementin an annual statement of ethical responsibility ofall employees;

H. Monitor legal and ethical integrity of WSSCcontracting and personnel policies and their appli-cation;

I. Enhance WSSC’s public image; andJ. Accept and perform all committee assign-

ments with professionalism. (Bylaws, rules, andregulations § 7.06, dated May 16, 2012)

Temporary Chair.If neither the Chair nor the Vice Chair is present

at a meeting another member shall be elected to actas Temporary Chair. A Temporary Chair shall beelected by majority vote. (Bylaws, rules, and regu-lations § 7.07, dated May 16, 2012)

Article VIII. Code of Ethics – LobbyingActivity Reports

Code of Ethics applicability.A. WSSC Resolution No. 82-723, adopted on

November 24, 1981, extended applicability of theWSSC Employees’ Code of Ethics to Commis-sioners.

B. By adoption of the regulations codified inthis chapter, promulgated under statutory authorityand in accordance with the General Provisions Ar-ticle, § 5-823, Annotated Code of Maryland, theCommission is required to submit an annual reportconcerning conflict of interest issues involvingCommissioners and/or WSSC employees thatarose and were under review or resolved within

the previous calendar year ending March 31st.(Amended during 2019 codification; Bylaws,rules, and regulations § 8.01, dated May 16, 2012)

Financial disclosure filing –Counties.

WSSC Resolution No. 82-724, adopted on No-vember 24, 1981, promulgated under statutory au-thority and in accordance with the State Govern-ment Article, § 15-820, Annotated Code of Mary-land, requires each Commissioner to file with theChief Administrator’s Office of Montgomery andPrince George’s Counties, on or before April 15thof each year, a report concerning lobbying activi-ties on WSSC actions that occurred within the pre-vious calendar year ending March 31st. (Bylaws,rules, and regulations § 8.02, dated May 16, 2012)

Financial disclosure filing – State.Pursuant to the Public Ethics Law found in the

General Provisions Article, § 5-824 et seq., Anno-tated Code of Maryland, each Commissioner mustfile with the State Ethics Commission a financialdisclosure statement on or before April 30th forthe calendar year immediately preceding such yearin office. (Amended during 2019 codification; By-laws, rules, and regulations § 8.03, dated May 16,2012)

Article IX. Amendment or Suspension ofBylaws

Method of amendment.The bylaws, rules, and regulations codified in

this chapter may be amended or repealed, and newbylaws, rules, and regulations may be adopted.

A. Fourteen days’ written notice must be givenof the intention to amend or repeal or to adopt newbylaws.

1. The written notice requirement shall besatisfied if the proposal to change is made at a reg-ular meeting; and

2. There is a minimum 14-day period be-tween the meeting at which the proposal is madeand the meeting at which the matter is voted upon.

B. Alterations to the bylaws, rules and regula-tions codified in this chapter is by official Com-mission action only when six Commissioners arepresent. (Bylaws, rules, and regulations § 9.01,dated May 16, 2012)



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Method of notice of amendment.A. Publication of notice of a meeting wherein

the bylaws, rules and regulations codified in thischapter will be amended must conform to themeeting notice requirements of the Open MeetingsAct.

B. Publication of notice of any adopted changesto the bylaws, rules and regulations codified in thischapter must conform to the notice requirement setforth in the Public Utilities Article, § 17-403(b),Annotated Code of Maryland. (Bylaws, rules, andregulations § 9.02, dated May 16, 2012)

Temporary suspension.Any WSSC bylaw, rule, or regulation or the pro-

visions of any WSSC bylaw, rule, or regulationmay be temporarily suspended for a meeting pro-vided that the motion for suspension is carried byan affirmative vote of five members of the Com-mission. The bylaw, rule, or regulation or the pro-visions of that bylaw, rule, or regulation may betemporarily suspended for not more than two addi-tional subsequent regular meetings or other meet-ings upon the affirmative vote of five members ofthe Commission. (Bylaws, rules, and regulations§ 9.03, dated May 16, 2012)

Chapter 1.27

PROCEDURES FOR INNOVATION ANDRESEARCH

Sections:Purpose.Applicability.Definitions.Procedure for creating an innovationor research proposal.Procedure for vendors to requestnew products be added to the wateror sewer infrastructure networkapproved product list.Procedure for innovation awards.Council responsibilities.

Purpose.To establish procedures for the submission and

approval of innovation or research ideas, propos-als, awards and products. This chapter covers theprocedures to develop ideas, proposals, initiatives,projects, products, pilots, bench tests and awardsto enhance the ability of the organization to ac-complish its mission of improving sustainabilityand operations through innovation and research.(Document dated May 17, 2017 § I)

Applicability.This policy shall apply to all ideas, proposals,

initiatives, projects, pilots, bench tests and awardsthat involve activities related to improvements ornew technology for water treatment processes, im-provements or new technology for wastewatertreatment processes, new materials or technologiesto improve water and wastewater networks, newmaterials or technologies to reduce ongoing op-erational costs in the Production, Utility Servicesor Engineering and Construction Departments, andnew materials or technologies to increase the sus-tainability of the water or sewer networks. (Docu-ment dated May 17, 2017 § II)

Definitions.When used in this chapter, the following terms

shall have the meaning ascribed:“Award” means an award for an innovative idea

to improve WSSC’s operational productivity orsustainability.

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“Bench test” means an evaluation of an innova-tion or research idea that is performed in a sim-ulated environment at WSSC or another researchfacility. The bench test is usually a smaller scaletest than a pilot test. The bench test is used togather data to support a business case for an in-novation or research initiative in order to give theCouncil additional insight into the value of the ini-tiative.

“Business case” means a justification for a pro-posed initiative on the basis of its expected mone-tary benefit to WSSC.

“Employee” means an employee of WSSC.“General Manager” means the General Man-

ager/Chief Executive Officer (GM/CEO) ofWSSC.

“Ideas” means an idea for new materials or tech-nologies for water treatment processes, new ma-terials or technologies for wastewater treatmentprocesses, new materials or technologies to im-prove water and wastewater networks, new mate-rials or technologies to reduce ongoing operationalcosts in the Production, Utility Services or Engi-neering and Construction Departments, and newmaterials or technologies to increase the long termsustainability of the water or sewer networks.

“Initiative” means a strategy intended to im-prove an operational situation or describe a freshapproach to an identified problem within the Com-mission based on an idea or product or a group ofideas or products.

“Innovation” means the application of newideas resulting in increased value to utility cus-tomers and/or increased utility productivity or re-duced utility costs.

“Innovation and Research Council (Council)”means a group of senior WSSC executives whoreview, evaluate and approve innovation and re-search initiatives or proposals and may recom-mend awards.

“Outside entity” means a customer, vendor ormember of the public.

“Pilot” means a test project that will providedata on an innovation or research initiative usingWSSC facilities, the water or sewer network,WSSC staff, consultants, contractors or some com-bination. A pilot project can be used to gather datato support a business case for an innovation or re-

search initiative in order to give the Council addi-tional insight into the value of the initiative.

“Project” means a proposed or planned under-taking to carry out an innovation or research pro-posal that has been approved by the InnovationCouncil.

“Proposal” means a written document which de-scribes a plan to improve the sustainability or op-erations of WSSC and requests expenditure ofWSSC funds to implement an innovation or re-search initiative.

“Vendor” means an outside company whowould like WSSC to use their product or idea foran innovation or research initiative or within thewater or sewer network. (Document dated May 17,2017 § III)

Procedure for creating aninnovation or research proposal.

A. Submission of Ideas. An employee, outsideentity or vendor may submit an idea (not a prod-uct; see WSSC 1.27.050) to the Engineering andEnvironmental Services Division (EESD) for eval-uation. EESD will perform an initial review of theidea, accept the idea for consideration, combinethe idea with an existing idea or initiative or de-termine if the idea should be considered for in-clusion in an initiative or be rejected. EESD willprovide feedback to the submitter on the accep-tance or rejection of the idea. Ideas submitted byan employee or outside entity become the intel-lectual property of WSSC unless trademarked orpatented by the submitter before submitting theidea to WSSC.

B. Create Initiatives. EESD will analyze ideasto determine which ideas should be turned intoinitiatives. Initiatives may be comprised of oneidea, multiple ideas, and/or vendor products. Sim-ilar ideas may be grouped together into a compre-hensive initiative at the discretion of the EESD.

C. Create Business Case. Once an initiative hasbeen created, a preliminary business case will becreated to determine the value of the initiative. Thepreliminary business case will try to assess all thefeasible alternatives available to solve the problemidentified in the initiative. As the initiative movesthrough the steps of the evaluation, testing, reviewand approval, the business case can be updatedwith additional information.



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D. Perform Risk Assessment. Each initiativewill be compared to industry standards to attemptto assess the risk of implementation. Previous ini-tiatives may be reviewed to determine risks fromother similar projects.

E. Develop Research Plan. Depending on theneeds of the innovation or research initiative,EESD may develop a research plan. This planwould identify goals, objectives, methods, testing,costs and other research specific criteria needed toaccomplish the research and testing to support theinitiative. A research plan is not required for aninitiative to be moved to the proposal stage.

F. Develop Proposal. An innovation or researchproposal will be created to summarize all of theinformation gathered in previous steps. The pro-posal may pull together the business case, risk as-sessment, research plan and any other availableinformation. The proposal may be presented to theInnovation and Research Council at a quarterlymeeting for review and approval of the next step.If the proposal is not approved, the proposal maybe moved to an inactive proposal list.

G. Develop Project. If a proposal is approved,EESD will create a project to implement the pro-posal. The project plan will include design, pro-curement, SLMBE, and construction requirementsnecessary to carry out the proposal. EESD willthen manage the project or hand off the projectto the appropriate resource within WSSC. (Docu-ment dated May 17, 2017 § IV)

Procedure for vendors to requestnew products be added to thewater or sewer infrastructurenetwork approved product list.

A. Submit a Request. Vendors will submit a re-quest for review of a new product to the EESD.

B. Review Request. The request may be routedfor review by members of EESD, including anidentified subject matter expert. This review willfocus on the value, quality and risk characteristicsdetermined by EESD to represent an acceptableproduct in the system. If the EESD review de-termines that the product is acceptable, then theproduct may be sent to the appropriate end userfor review. The end user may provide feedback toEESD on the value, quality and risk of the productwithin their particular functional area.

C. Additional Investigation. If the EESD expertor the end user determines that additional investi-gation is needed, then EESD may send the productto a consultant for additional investigation or de-termine an alternative method of investigation.

D. Testing. If EESD or the end user determinesthat field testing is needed prior to acceptance,EESD will assign this product to an internal expertto arrange for the field test. EESD will work withProcurement to contact the vendor to get a signedhold harmless agreement before the field test isperformed. If the product is a proprietary productof a vendor, EESD may work with Procurementand the vendor to arrange a field test at no costto the Commission. Under WSSC 6.15.230, theparticipation of the vendor or vendor product in afield test will not be considered an unsolicited of-fer of purchase by the Commission. Once the fieldtest is completed, EESD will route the field testingresults back to the expert and end user for review.

E. Approval Recommended. If the product isrecommended for acceptance into the system, theproduct will be forwarded to the Council. TheCouncil may review the proposal and give ap-proval to the product. Once approved, EESD willupdate any special details, the appropriate sectionsof the construction specifications, notify MaterialsManagement to add the part to the purchasing sys-tem if required, and send an approval letter to thevendor that includes the language that approval ofthe product in the specification is not an autho-rization or guarantee that WSSC will purchase theproduct.

F. Disapproval Recommended. If the request isrecommended for disapproval, the vendor will benotified of the action. Vendors may resubmit theproduct with additional information and request asecond review. (Document dated May 17, 2017§ V)

Procedure for innovation awards.A. Award Criteria. An innovation award may

be given annually by the General Manager to em-ployees or outside entities who submit the bestinnovative ideas for operational improvement orsustainability for WSSC. As the ideas are received,EESD may review and group ideas into initiativesfollowing the procedure in WSSC 1.27.040. Ideasthat receive approval as innovation initiatives orproposals by the Council may be considered for an

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award. Members of the Innovation and ResearchCouncil and employees who are involved in theevaluation of innovation and research ideas are noteligible to receive an award under this chapter un-less they are recused from the evaluation of theiridea.

B. Award Values. Awards may be given eachyear as determined by the Council. The type oramount of each award will be determined by theGeneral Manager, who may consider many deter-mination factors, including but not limited to costsavings, creativity, sustainability and operationalefficiency.

C. Selection. EESD may submit a list of pos-sible innovation award nominees to the Councilat quarterly Council meetings for their review andnomination to the General Manager. (Documentdated May 17, 2017 § VI)

Council responsibilities.A. Charter. The Council is responsible for gov-

erning the innovation and research program. TheCouncil Charter establishes the Council and de-fines its purpose, background, scope, functions,membership, responsibilities, and related duties. Acopy of the initial Council Charter is attached asAppendix A. The initial Council Charter will beapproved by the adoption of the regulation codi-fied in this chapter. The General Manager then hasthe authority to approve any subsequent changes tothe Council Charter.

B. Innovation Proposals. Per the Innovationand Research Council Charter, the Council mayconduct quarterly meetings to review new initia-tives and proposals, review the status of existinginitiatives and proposals, approve initiatives for re-search and testing, approve proposals for imple-mentation as projects, and determine the source offunding for approved projects.

C. Vendor Products. The Council may reviewproposed new products approvals at the quarterlymeetings. If the Council does not agree with theapproval recommendation, the Council can disap-prove the product or direct the product move backto EESD for additional research.

D. Awards. At the quarterly meetings, theCouncil may review a list of possible innovationaward nominees and may recommend innovationaward nominees. Any nominees selected will be

forwarded to the General Manager for final selec-tion for the award and subsequent presentation ofthe award. (Document dated May 17, 2017 § VII)



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Subtitle II. Committees and Boards

Chapter 1.55

REIMBURSEMENT OF EXPENSES FORVOLUNTEER BOARD MEMBERS

Sections:Purpose.Definitions.Authority.Procedure.

Purpose.To establish procedures under which volunteer

board members may be reimbursed for mileageand dependent care expenses incurred in attendingofficial Commission board meetings. (REG-ADM-CS-2013-002 § I)

Definitions.“Commission staff liaison” means a Commis-

sion employee who serves as staff liaison to an of-ficial Commission board.

“Dependent” means a child under the age of 13or a spouse or other relative that lives with the vol-unteer board member over half the year who isphysically or mentally not able to care for oneself.Persons who cannot dress, clean, or feed them-selves because of physical or mental problems areconsidered not able to care for themselves. Also,persons who must have constant attention to pre-vent them from injuring themselves or others areconsidered not able to care for themselves.

“Official Commission board (board)” means abody duly constituted by the Commission for as-sistance, advice and/or legislative or adjudicatorydecision-making relating to official Commissionbusiness functions such as the Customer AdvisoryBoard, Dispute Resolving Board, Plumbing Board,Ethics Board, and Retirement Board of Trustees.Employee boards such as the Fitness Center andboards of separate legal entities such as the FederalCredit Union and Water Babies are not included.

“Volunteer board member” means a person thatvolunteers to serve without compensation on aCommission established board. Commission em-ployees or contractors shall not be considered vol-unteer board members. (REG-ADM-CS-2013-002§ II)

Authority.The General Counsel certifies that the statutory

authority for the adoption of the standard proce-dure codified in this chapter is the Public UtilitiesArticle, § 17-403, Annotated Code of Maryland.(REG-ADM-CS-2013-002 § III)

Procedure.Volunteer board members may be reimbursed at

Commission established rates for mileage traveledto and from their residence to official board meet-ings and dependent care expenses at a flat rate of$30.00, if eligible.

A. At least once a year, volunteer board mem-bers must complete a Commission mileage reim-bursement form specifying their home address andthe address to which they travel to attend officialCommission board meetings (usually the RichardG. Hocevar Building) and submit to the Commis-sion staff liaison on their board. The form will beprovided by the Commission staff liaison. It is theresponsibility of the volunteer board member tonotify the Commission staff liaison of any changein home address during the year, and to submit acorrected mileage reimbursement form.

B. At least once a year, if the volunteer boardmember requires reimbursement for the care of adependent as defined in this chapter, the membermust complete a form that certifies the memberhas a dependent eligible for care, and submit theform to the Commission staff liaison on theirboard. The form will be provided by the Commis-sion staff liaison. It is the responsibility of the vol-unteer board member to notify the Commissionstaff liaison of any change in circumstances thatmay affect eligibility for this expense, and submita corrected form as needed.

C. After each board meeting, the Commissionstaff liaison shall send an email to the Disburse-ments Group indicating which members attendedthe meeting. The Disbursements Group willprocess the expense reimbursements quarterly, andsend a check directly to the volunteer board mem-ber at the home address noted on the form.

The Commission will only pay for mileageand/or dependent care expenses incurred in attend-ing official Commission board meetings. Anyother expenses such as tolls, meals, etc., are the re-sponsibility of the volunteer board member. (REG-ADM-CS-2013-002 § IV)

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Subtitle III. Ethics

Chapter 1.60

APPOINTMENT OF BOARD OF ETHICSMEMBERS

Sections:Purpose.Definitions.Procedures.Authority clause.

Purpose.To describe the procedures for the selection of

members to the WSSC Board of Ethics. (IA 06-02§ I)

Definitions.Board of Ethics. In accordance with WSSC

1.70.040(A), the Board of Ethics is the entity es-tablished to assist WSSC in maintaining the high-est level of professional and ethical conduct andpublic confidence in the integrity of the agency.The Board of Ethics consists of three membersappointed by the Commissioners on the basis oftheir professionalism, integrity and competence.The Montgomery County Commissioners shallnominate one member and the Prince George’sCounty Commissioners shall nominate one mem-ber. The third member of the Board of Ethics maybe nominated by any member of the Commission.The Commission may appoint an alternate mem-ber to the Board.

“Chairperson” means the member of the Boardof Ethics designated by the Commission as Chair-person, based on a majority of the votes by a quo-rum of the Commissioners as provided in WSSC1.70.040(A).

Removal of a Board Member. As provided inWSSC 1.70.040(C), the Commission may initiatethe removal of a Board member for: (1) neglect ofduty; (2) misconduct in office; (3) disability thatrenders the member unable to perform the dutiesof office; or (4) violation of law.

“Search Committee” means the committee, au-thorized by the Commission and consisting of theCorporate Secretary, the Associate General Coun-sel who serves as legal advisor to the Board ofEthics, and the Internal Auditor that is responsible

for performing the interview and assessment func-tions described in WSSC 1.60.030.

Terms of Office. As provided in WSSC1.70.040(B), the term of each Board member isthree years. A Board member serves until theCommission appoints a successor unless the mem-ber resigns before a successor is confirmed. TheBoard of Ethics Chairperson serves in that capac-ity for one year or until a successor is appointed.(IA 06-02 § II)

Procedures.A. The Internal Auditor will notify Commis-

sioners of a vacancy on the Board of Ethics, andseek their authorization to convene the SearchCommittee.

B. The Internal Auditor will have the vacancyadvertised in local newspapers 60 days prior tothe expiration of the Board of Ethics member’sterm. If a mid-term vacancy occurs, advertisingwill commence upon notice of such vacancy.

C. The Search Committee will develop inter-view questions that are relevant to the selectioncriteria set forth in WSSC 1.70.040(A).

D. The Search Committee will interview can-didates including persons referred to the SearchCommittee by Commissioners.

E. The Search Committee will identify the topthree candidates to present to the Commissioners.If the vacancy is for the Board member requiredto be nominated by the Prince George’s CountyCommissioners, then the top three candidates willbe presented to the Prince George’s County Com-missioners only. In accordance with WSSC1.70.040, the Prince George’s County Commis-sioners shall then nominate one of the three can-didates to present for a vote before the full Com-mission. This same procedure shall be followed bythe Montgomery County Commissioners for a va-cancy that exists for the Board member requiredto be nominated by the Montgomery County Com-missioners. As to a vacancy for the Board memberwho may be nominated by any Commissioner, theSearch Committee shall present the top three can-didates to the full Commission. In the event thePrince George’s County Commissioners, theMontgomery County Commissioners, or the fullCommission are unable or unwilling to select anominee from among the top three candidatesidentified by the Search Committee, or are unable



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to elect a Board member, then the Internal Auditorand the Search Committee will repeat whateverprocedures in this section they determine are ap-propriate for ascertaining additional candidates forpresentation to Commissioners or to the full Com-mission.

F. The Commissioners will select a member forappointment to the Board of Ethics by majorityvote of the full Commission or a quorum of Com-missioners in accordance with WSSC’s bylaws(WSSC Chapter 1.15).

G. The Commissioners will vote by majorityvote of the full Commission or a quorum of Com-missioners in accordance with WSSC’s bylaws an-nually to appoint a Chairperson for the Board ofEthics. (IA 06-02 § III)

Authority clause.A. The procedure codified in this chapter is au-

thorized by the WSSC Code of Ethics (WSSCChapter 1.70).

B. Any conflict between this chapter and theWSSC Code of Ethics shall be resolved in favor ofthe latter. (IA 06-02 § IV)

Chapter 1.65

BOARD OF ETHICS RULES OFPROCEDURE

Sections:Intent.Definitions.Meetings.Record keeping.Advisory opinions.Requests for waivers.Complaints.Public review of lobbyistdisclosures.Amendment to rules of procedure.

Intent.To establish procedures pursuant to which the

WSSC Board of Ethics will administer the powersand duties granted to it by the WSSC Code ofEthics, WSSC Chapter 1.70. (Res. 2006-0001)

Definitions.“Alternate Board member” means a nonvoting

Board member, unless one or more of the votingmembers is absent.

“Board of Ethics (or Board)” means the Boardappointed by the WSSC Commissioners pursuantto WSSC Chapter 1.70.

“Board members” means the three members andone alternate member appointed pursuant toWSSC 1.70.040(A).

Code of Ethics (or Code). Created pursuant toWSSC Chapter 1.70.

“Commissioner” means a member of the WSSCCommission.

“Counsel” means an attorney or nonattorney ad-vocate familiar with the WSSC Code of Ethics(WSSC Chapter 1.70) and the WSSC Ethics Boardrules of procedure.

“Employee” means any person employed byWSSC whether or not employed on a merit, non-merit, contract, temporary, permanent, or part-timebasis.

“Voting Board member” means the three Boardmembers appointed pursuant to WSSC1.70.040(A). If one or more of the three votingmembers is absent, the alternate member shall be avoting member. (Res. 2006-0001)

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Meetings.A. General.

1. A written schedule of monthly Boardmeetings for each calendar year shall be createdby the Board and circulated prior to the beginningof the calendar year. Monthly meetings may berescheduled as needed if it appears that a quorumcannot be present for any scheduled meeting.

2. A special meeting may be called by theChair on his or her own initiative, or by the Chairat the request of the two other voting members.

3. A notice of the time, date, and location ofBoard meetings shall be posted on WSSC’s web-site.

4. Unless otherwise stated in these proce-dures, a quorum shall consist of two votingmembers.

5. Minutes of Board meetings shall be taken.6. The Chair, and in the absence of the Chair,

the Chair Pro Tem, who is elected by a majorityof the voting members present, shall preside at allmeetings.

7. The parliamentary rules contained in thelatest edition of Robert’s Rules of Order shall gov-ern the conduct of the Board meetings, except asmodified by these rules of procedure.

8. If any member of the Board desires to ab-stain from participating in a particular case or mat-ter, he/she shall announce that fact on the record,stating the reason for such abstention.

B. Open Meetings Act.1. Except as set forth in subsection (B)(2) of

this section, the Board of Ethics shall meet in opensession in accordance with the provisions of theOpen Meetings Law, General Provisions Article,§ 3-101 et seq., Annotated Code of Maryland.

2. The Board of Ethics may meet in closedsession pursuant to the exceptions set forth in theOpen Meetings Law, State Government Article,§ 10-508, Annotated Code of Maryland. In addi-tion, the Board may meet in closed session to:

a. Discuss an advisory opinion requestedpursuant to WSSC 1.70.060 if the discussionwould likely lead to the identification of the personrequesting the opinion and if the subject of theopinion has not authorized disclosure of his or heridentity.

b. Discuss a request for waiver made pur-suant to WSSC 1.70.070.

c. Hear, discuss and deliberate upon acomplaint filed pursuant to WSSC 1.70.080.(Amended during 2019 codification; Res.2006-0001)

Record keeping.A. Case numbers shall be assigned chronologi-

cally for each written request for an advisory opin-ion, request for waiver, and complaint, with a newsequence to commence on the first day of each cal-endar year.

B. The files and records of the Board of Ethicsshall be maintained at the Board’s offices in theWSSC Office of Internal Audit, 14501 SweitzerLane, Laurel, Maryland 20707. (Res. 2006-0001)

Advisory opinions.A. Format of Request.

1. All requests for advisory opinions shall bein writing addressed to the Board of Ethics, c/o Of-fice of Internal Audit, 14501 Sweitzer Lane, Lau-rel, Maryland 20707.

2. The request for advisory opinion shall in-clude the signature, address and telephone numberof the requestor and shall state the facts and cir-cumstances upon which the request is based.

3. Persons requesting an advisory opinionshall utilize the form attached hereto as Form A☰.Incomplete forms may be returned to the re-questor.

B. Review Procedures.1. Each request for an advisory opinion shall

be acknowledged by the Board of Ethics or its de-signee in writing within 15 business days of re-ceipt. The acknowledgment shall set forth the rightof the subject to protection of his or her identityin the published opinion and shall also advise thesubject of his or her right to be represented bycounsel at any stage of the review process. Whenthe request for advisory opinion is from a personother than the person whose conduct is the sub-ject of the request, the person who is the subjectof the request shall, if the identity is ascertainable,be provided with a copy of the request and the ac-knowledgment letter.

2. The Board of Ethics or its designee mayrequest that additional information be provided tothe Board regarding the request. In addition, theBoard may require that the subject of the requestappear at a Board of Ethics meeting. The subject



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1.65.0601.65.070

may be represented by counsel in connection withthe appearance. The Board may also require theappearance of the requestor, or any other personwho can provide information relevant to the re-quest.

C. Issuance of Opinion.1. The Board of Ethics shall respond to the

requestor of the advisory opinion in writing nolater than 60 days from the date the Board receivedthe request. If the Board is unable to issue itsopinion in 60 days, it shall notify the requestorin writing, explaining the reason(s) for the delayand stating an expected issuance date. The opinionshall be mailed to the requestor, the subject, and toother interested persons, as determined in the dis-cretion of the Chair.

2. Unless the Board determines that publi-cation is not warranted pursuant to WSSC1.70.060(C), each advisory opinion shall be pub-lished on the WSSC website. The Board may alsopublish guidelines based on an advisory opinion ifthe opinion may be of general interest and guid-ance pursuant to WSSC 1.70.040(D)(8).

D. Compliance. If the Board receives noticethat a person has not complied with an advisoryopinion issued by the Board, it shall inform theperson, the person’s Team Chief, and the Board’sattorney in writing and shall request that the TeamChief take appropriate action after consulting withthe Board’s attorney. (Res. 2006-0001)

Requests for waivers.A. Format of Request.

1. All requests for waivers made pursuant toWSSC 1.70.070 shall be in writing addressed tothe Board of Ethics, c/o Office of Internal Audit,14501 Sweitzer Lane, Laurel, Maryland 20707.

2. The request for waiver shall include thesignature, address, and telephone number of the re-questor and shall state the facts and circumstancesupon which the request is based.

3. Persons requesting a waiver pursuant toWSSC 1.70.070 shall utilize the form attachedhereto as Form B☰. Incomplete forms may be re-turned to the requestor.

B. Review Procedures.1. Each request for waiver made pursuant to

WSSC 1.70.070 shall be acknowledged by theBoard of Ethics or its designee in writing within

15 business days of receipt. The acknowledgmentshall set forth the circumstances, as stated inWSSC 1.70.070, under which the identity of theperson requesting the waiver may be revealed.

2. The Board of Ethics, or its designee, mayrequest that additional information be provided tothe Board regarding the request for waiver. In ad-dition, the Board may require the person request-ing the waiver to appear at a Board of Ethics meet-ing. The person may be represented by counsel inconnection with the appearance.

C. Issuance of Opinion.1. The Board of Ethics shall respond to the

person requesting the waiver in writing no laterthan 60 days from the date the Board received therequest. If the Board is unable to issue its opinionin 60 days, it shall notify the requestor in writing,explaining the reason(s) for the delay and statingan expected issuance date.

2. If the request for waiver is granted, theBoard shall publish the written decision grantingthe waiver, including the name of the person whorequested the waiver, on the WSSC website.

3. If the request for waiver is denied, theBoard may publish its decision as an advisoryopinion in accordance with WSSC 1.70.060 andWSSC 1.65.050.

4. If the request for waiver is denied, theBoard may only disclose the identity of the re-questor under the circumstances set forth in WSSC1.70.070(D). (Res. 2006-0001)

Complaints.A. Who May File – Format.

1. As stated in WSSC 1.70.080(A), the Com-mission or the General Manager may file a con-fidential written complaint with the Board. If thecomplaint is based upon concerns raised by anemployee, the employee shall be considered thecomplainant. In addition, an individual or entityoutside WSSC may file a complaint directly withthe Board.

2. The Board of Ethics may issue a com-plaint on its own motion based on sufficient infor-mation that an employee is not in compliance withthe Code of Ethics. The Board may also, on itsown motion, amend a complaint filed by anotherperson. A complaint initiated by the Board, or anyamendment to a complaint filed by another, shallbe signed on behalf of the Board by the Chairper-


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son or another member as authorized by the Board.A complaint filed by the Board shall comply withthe format stated in this section.

3. All complaints shall be in writing ad-dressed to the Board of Ethics, c/o Office of Inter-nal Audit, 14501 Sweitzer Lane, Laurel, Maryland20707. The complainant shall utilize the form at-tached hereto as Form C☰. The complaint mustbe in writing and must allege facts that would sup-port a reasonable person in concluding that a vi-olation of the Code of Ethics has occurred. Thecomplaint must include the signature, address andtelephone number of the complainant.

4. Within 10 days after receipt of a com-plaint, the Board shall send a letter to the com-plainant acknowledging receipt of the complaint.

B. Preliminary Investigation, Review, andConsideration.

1. Initial Finding of Reasonable Cause andReferral to Staff Counsel. Within 30 days of re-ceiving a complaint, or at the next scheduledBoard meeting, whichever is earlier, the Boardshall meet to determine if there is reasonable causeto believe that a violation of the Code of Ethics hasoccurred. A quorum at any meeting in which theBoard shall make a reasonable cause determina-tion shall consist of three Board members. If rea-sonable cause is found, the Board will refer thecomplaint to the General Counsel who will as-sign staff counsel to the Board. In addition, within10 days of finding reasonable cause, the Boardshall notify respondent of the alleged charges, thatthe Board has determined that there is reasonablecause to believe that the charges, if true, constitutea violation of the Code, and that the matter hasbeen referred to the General Counsel’s Office forinvestigation.

2. No Reasonable Cause Found. If the Boarddetermines that there is no reasonable cause to be-lieve that a violation of the Code of Ethics has oc-curred, then the Board shall send a letter to thecomplainant within 10 days of the determinationstating that no reasonable cause was found and thatthe complaint is dismissed.

3. Collection of Evidence.a. In accordance with WSSC 1.70.080(C),

the staff counsel shall collect evidence regardingthe complaint to refer to the Board.

b. In collecting evidence to submit to theBoard, the assigned staff counsel may utilize thefollowing methods: personal interview, interroga-tory, deposition, review of documents, or any otherusual investigatory method.

4. Notification and Respondent Action.a. Staff counsel shall give notice to the

complainant and to the respondent of the antici-pated presentation of evidence to the Board at least15 days before filing the preliminary report re-quired by subsection (B)(5) of this section.

b. In accordance with WSSC 1.70.080(D),the respondent may take action to cure each al-leged violation within 15 days of receiving this no-tice.

5. Staff Counsel Preliminary Report.a. Staff counsel’s presentation of evidence

to the Board shall be in the form of a preliminaryreport setting forth the evidence collected relatingto each allegation in the complaint.

b. Staff counsel ordinarily shall present itspreliminary report to the Board within 90 daysfrom the date that the complaint was referred tothe General Counsel. This time period may be ex-tended by the Board for good cause shown.

c. The preliminary report shall contain anycure action taken by the respondent and shall sum-marize the substance of any negotiations that tookplace between respondent and staff counsel.

d. The preliminary report may contain arecommendation that the complaint be settledprior to hearing.

e. Any recommended settlement is notbinding on the Board.

6. Preliminary Consideration by the Board.a. The Board shall meet to discuss staff

counsel’s preliminary report within 30 days of re-ceiving it.

b. Pursuant to WSSC 1.70.080(D) through(F), the Board may dismiss the complaint if it:

i. Determines that respondent has takenaction to cure each alleged violation and dismissalis not contrary to the purpose of the Code.

ii. Determines that the evidence pre-sented does not merit further proceedings.

iii. Accepts a settlement proposed bystaff counsel and incorporates the settlement intoan order signed by the Chair.



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c. All orders of dismissal shall be signedby the Chair and shall be mailed to all partieswithin five business days of the date of the order.

C. Hearing Notice.1. When a complaint is not dismissed after

completion of the preliminary investigation, theBoard shall contact the staff counsel and the re-spondent’s preliminary counsel (or if pro se, therespondent) and schedule a hearing. As soon aspracticable after the hearing has been scheduled,the Board shall issue a hearing notice.

2. The hearing notice shall include:a. Statement of the time and place of the

hearing.b. Statement of the legal authority and ju-

risdiction under which the hearing will be held.c. Reference to the relevant statutes, regu-

lations, and rules of procedure involved.d. Statement of the respondent’s right to

be represented by counsel at the hearing.e. Statement of the basis for the complaint

including a statement of each section of the Codewhich the complainant is alleged to have violated.

D. Hearing.1. As stated in WSSC 1.70.080(G), the hear-

ing before the Board shall be conducted in accor-dance with WSSC Chapter 2.35, which sets forthWSSC’s procedures for contested case hearings.

2. The Chair when present and, in the ab-sence of the Chair, the Chair Pro Tem, elected by amajority of the members present, shall serve as theHearing Officer.

3. A quorum of three Board members is nec-essary to convene the hearing.

4. Any conflict between WSSC Chapter 2.35and the Code shall be resolved in favor of the lat-ter.

5. Any conflict between WSSC Chapter 2.35and these rules of procedure shall be resolved infavor of the latter.

E. Deliberations and Final Disposition.1. The Board shall meet in closed session no

later than 30 days after the hearing, or at the nextscheduled Board meeting, whichever is earlier, todetermine whether the Code violations alleged inthe complaint have been proven by a preponder-ance of the evidence.

2. As stated in WSSC 1.70.090, the finalBoard decision shall be issued within 60 days of

the hearing. The decision shall be written and shallset forth findings of fact and conclusions of lawwith respect to each alleged violation.

F. Settlement.1. At any time after a matter is initiated and

before a final determination by the Board, the staffcounsel and respondent may develop a proposedsettlement of the matter.

2. A proposed settlement may:a. Be based on admissions or stipulations

of fact or law;b. Recite actions taken or agreed to be

taken by the parties;c. Include any sanction, penalty, or action

agreed to be imposed or taken if the Board acceptsthe proposed settlement; and

d. Include any other provisions allowableby law that would define the framework for reso-lution of the complaint.

3. A proposed settlement shall be in writing,agreed to by the staff counsel and the respondent,and may be by:

a. Stipulation;b. Consent order;c. Waiver of hearing;d. Settlement agreement; ore. Other appropriate format.

4. A proposed settlement agreed to by thestaff counsel and the respondent shall be presentedto the Board for consideration by joint motion ofthe parties and may be the basis for a joint requestfor postponement of a scheduled hearing on thecomplaint.

5. Board Action.a. The Board is not bound by a proposed

settlement or other resolution reached by the staffcounsel and the respondent, and may accept or re-ject the proposed resolution as the purposes of theCode may require.

b. If the Board accepts the settlement, itshall issue an order accepting the settlement anddismissing the complaint. This order shall be is-sued no later than 30 days from the date that theBoard accepts the settlement.

6. A proposed settlement which is not ac-cepted by the Board may not be made a part of thecase record or otherwise admitted into evidence inthe hearing. (Res. 2006-0001)


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1.65.080

1.65.090

1.70.0101.70.0201.70.030

1.70.0401.70.0501.70.0601.70.0701.70.0801.70.0901.70.1001.70.1101.70.1201.70.1301.70.1401.70.150

1.70.160

1.70.170

1.70.180

1.70.190

1.70.200

1.70.210

1.70.2201.70.230

1.70.240

1.70.2501.70.2601.70.270

Public review of lobbyistdisclosures.

Pursuant to WSSC 1.70.430, lobbyist registra-tion and reporting documents that have been filedwith WSSC will be available for inspection at theWSSC Office of Internal Audit between the hoursof 9:00 a.m. and 3:00 p.m. Monday through Fri-day, excluding holidays. Copies will be providedat a cost of $0.25 per single-sided page. (Res.2006-0001)

Amendment to rules ofprocedure.

These procedures may be amended by majorityvote of the Board. (Res. 2006-0001)

Chapter 1.70

CODE OF ETHICS

Sections:

Article I. General Provisions

Purpose and scope.Policy.Definitions.

Article II. Administration

Board of Ethics – Creation.Ethics Officer.Advisory opinions.Waivers.Complaint – Adjudicatory hearing.Complaint disposition.Judicial review.Confidentiality.Referral to prosecuting authority.Retention of documents.Annual reporting.Entities doing business withWSSC – Listing.Ethics training.

Article III. Conflicts of Interest

Restrictions on participation ofemployees.Restrictions on other employmentand financial interests.Employment restriction – FormerCommissioners and employees.Misuse of prestige of office –Harassment – Improper influence.Disclosure of confidentialinformation.Soliciting or accepting gifts.Conflict of interest statement.

Article IV. Ethics in Public Contracting

Reporting of suspected collusive orfraudulent bidding or negotiation.Illegal gifts and kickbacks.Ethics – Contractor conduct.Participation in procurement.



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1.70.280

1.70.290

1.70.3001.70.310

1.70.320

1.70.330

1.70.3401.70.3501.70.3601.70.370

1.70.380

1.70.390

1.70.4001.70.410

1.70.4201.70.430

1.70.010

1.70.020

1.70.030

Consultants – Conflicts of interestaffidavit – Nonconviction affidavit.Disclosure of procurementinformation.Prohibited contingent fees.Civil or administrative remediesagainst those who violate ethicalstandards.Penalties.

Article V. Financial Disclosure

Who must file financial disclosurestatements.When to file.Statement contents.Execution and where to file – Use.Financial disclosure statements aspublic records.

Article VI. Lobbying Disclosure

Who must register as a lobbyist –Exceptions.How and when to register as alobbyist.Authority to lobby.Compensation must not becontingent.Reports by lobbyists to the board.Public inspection of lobbyistregistration documents.


Purpose and scope.The Commissioners and employees of the

Washington Suburban Sanitary Commission arerequired to maintain the highest professional andethical standards in the performance of their of-ficial duties. The purpose of the Code of Ethicsis to identify those activities which shall be con-sidered unethical for employees to engage in andwhich are therefore prohibited. The Code of Ethicsalso establishes an independent Board of Ethics toassist the agency in maintaining the desired ethi-cal standards. To foster public confidence and as-sist in the administration of the conflict of interestprovisions of the Code of Ethics, requirements areestablished for certain financial disclosure by em-

ployees. Commissioners are subject to the Mary-land Public Ethics Law under the General Provi-sions Article, Title 5, Annotated Code of Mary-land, and specific ethics provisions in the PublicUtilities Article, Title 19, Annotated Code ofMaryland. Commissioners are subject to these reg-ulations only as expressly provided herein. Reg-istration and disclosure requirements are also es-tablished for persons or entities lobbying WSSCas required under state law. (Res. 2003-1669§ 1(1-1))

Policy.A. The Commissioners and employees of the

WSSC are responsible to all of the ratepayers ofthe Sanitary District and not to any favored seg-ment or group. The business of the WSSC mustbe conducted in such an impartial manner that allpersons understand that a WSSC Commissioner oremployee cannot be improperly influenced. WSSCCommissioners and employees must avoid all sit-uations where bias or the opportunity for personalgain could influence their decisions. Commission-ers and employees must also avoid circumstanceswhich suggest that favoritism or personal gain is amotivating factor in the performance of their offi-cial duties.

B. The standards of the Code of Ethics are in-tended to require Commissioners and employeesto avoid activities which might result in the useand/or the appearance of use of their public em-ployment for private gain or for providing favoredtreatment to any person, group, or organizationand to maintain the highest level of public confi-dence in the integrity of WSSC.

C. Employees found to have violated this Codewill be subject to disciplinary action up to and in-cluding release. Commissioners found to have vio-lated the Maryland Public Ethics Law, Public Util-ities Article, Title 19, Annotated Code of Mary-land, or this chapter, are subject to penalties asprovided by law. (Res. 2003-1669 § 1(1-2))

Definitions.In this Code of Ethics, unless the context clearly

indicates otherwise, the following words orphrases have the meanings stated:

“Board” means the WSSC Board of Ethics.“Business” means any for-profit or not-for-

profit enterprise, including a corporation, general

1.70.010 CODE OF ETHICS

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or limited partnership, sole proprietorship, jointventure, association, firm, institute, trust, or foun-dation. Business does not include a governmentalentity.

“Commission” means the Washington SuburbanSanitary Commission and “Commissioner” meansa member of the Commission appointed under thePublic Utilities Article, Annotated Code of Mary-land.

“Compensation” means any money or thing ofvalue, regardless of form, including the sale or de-livery of tangible or intangible property, that anemployer pays or agrees to pay for services ren-dered.

“Doing business with WSSC” means:1. Being a party with WSSC to a transaction

that is at least $5,000, on a cumulative basis, dur-ing a year regardless of when the consideration ispaid;

2. Negotiating a transaction with WSSC thatis at least $5,000, on a cumulative basis, during ayear regardless of when the consideration is paid;

3. Submitting a bid or proposal to WSSC fora transaction that is at least $5,000 during a yearregardless of when the consideration is paid;

4. Being a regulated lobbyist; or5. Being an entity regulated by WSSC.

“Employee” means any person employed byWSSC whether or not employed on a merit, non-merit, contract, temporary, permanent, or part-timebasis.

“Employer” means any person who pays oragrees to pay compensation for services rendered.

“Employment” or “employ” means engaging inan activity for compensation.

“Entity” means a person or government or in-strumentality of a government.

“Financial interest” means:1. Ownership of an interest as the result of

which the owner has received within the past threeyears, is currently receiving, or in the future is en-titled to receive, more than $1,000 per year; or

2. Ownership of more than three percent of abusiness entity by an employee, or spouse or sig-nificant other of an employee; or

3. Ownership of securities of any kind thatrepresent, or are convertible into ownership of,more than three percent of a business entity by an

employee, or the spouse or significant other of anemployee.

“Gift” means the transfer of anything of eco-nomic value, regardless of form, without an ex-change of consideration of at least equal value.Gift does not include a transfer regulated by stateor federal law governing political campaigns orelections.

“Honorarium” means the payment of money oranything of value for: (1) speaking to, participat-ing in, or attending a meeting or other function; or(2) writing an article that has been or is intendedto be published. Honorarium does not include pay-ment for writing a book that has been or is in-tended to be published.

“Immediate family” means an individual’sspouse, significant other, and dependent children.A child is considered a dependent if the child iseligible to be claimed as dependent on a person’sfederal income tax filing.

“Interest” means any source of income or anyother legal or equitable economic interest, whetheror not subject to an encumbrance or a condition,which is owned or held, in whole or in part, jointlyor severally, directly or indirectly. Interest does notinclude:

1. An interest in a time deposit or demanddeposit in a financial institution;

2. An interest in an insurance policy, endow-ment policy, or annuity contract under which an in-surance company promises to pay a fixed numberof dollars either in a lump sum or periodically forlife or some other specified period;

3. An interest in a mutual fund or exchange-traded fund (ETF);

4. An interest held in the capacity of agent,custodian, fiduciary, personal representative, ortrustee, unless the holder has an equitable interestin the subject matter; or

5. An interest in a deferred compensationplan that:

a. Has more than 25 participants; andb. The Internal Revenue Service has deter-

mined qualifies as a trust under Sections 401, 457,and 501 of the Internal Revenue Code.

“Lobbying” means performing any act that re-quires registration under Article VI of this chapter.

“Member of household” means:



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1.70.040

1. If sharing an individual’s household, theindividual’s spouse, significant other, child, ward,financially dependent parent, or other financiallydependent relative; or

2. An individual’s spouse, child, ward, par-ent, or other relative whose financial affairs the in-dividual has legal or actual control of.

“Participate” means to contribute in any mannerto a proceeding or recommendation or to the ren-dering of a determination, or to the approval or de-nial of an award, license, contract, or transaction,or failure to act with respect thereto when suchfailure to act is material.

“Person” means an individual, receiver, trustee,guardian, personal representative, fiduciary, repre-sentative of any kind and any partnership, firm, as-sociation, corporation, or other entity.

“Qualifying relative” means a spouse, signifi-cant other, parent, child, brother, or sister.

“Significant other” means an employee’s part-ner who is eligible for same sex marriage or civilunion partner benefits from WSSC or an em-ployee’s partner over the age of 18 years, of eithersex, who with the employee:

1. Shares a close personal relationship andare responsible for each other’s welfare;

2. Have shared the same legal residence forat least 12 months; and

3. Have a joint financial relationship suchas a joint housing, lease, mortgage or deed; jointownership of a motor vehicle; joint checking orcredit account; or designation of as a primary ben-eficiary on the employee’s life insurance, retire-ment benefits, or residuary estate under a will.

“WSSC” means the Washington Suburban San-itary Commission.

“Year” means calendar year. (Res. 2011-1925;Res. 2003-1669 § 1(1-3))

Article II. Administration

Board of Ethics – Creation.A. A Board of Ethics is established to assist

WSSC in maintaining the highest level of profes-sional and ethical conduct and public confidencein the integrity of the agency. The Board consistsof three members appointed by the Commissionon the basis of their professionalism, integrity andcompetence. The Montgomery County Commis-sioners shall nominate one member and the Prince

George’s County Commissioners shall nominateone member. The third member may be nominatedby any member of the Commission. One memberof the Board is designated by the Commission asChairperson and serves in that capacity for oneyear or until a successor is appointed. The Com-mission may appoint an alternate member to theBoard.

B. Except as initially required to provide forstaggered terms, the term of each member is threeyears. Initial terms are as provided by the Com-mission. A Board member serves until the Com-mission appoints a successor unless the memberresigns before a successor is confirmed.

C. The Commission may initiate the removal ofa Board member for:

1. Neglect of duty;2. Misconduct in office;3. Disability that renders the member unable

to perform the duties of office; or4. Violation of law.

D. The Board is delegated authority to:1. Respond to a request for advisory opinions

as provided in WSSC 1.70.060;2. Act on complaints and issue the final

Commission decision on complaints filed underWSSC 1.70.080;

3. Respond to a request for waivers as pro-vided in WSSC 1.70.070;

4. Maintain, as official custodian, forms andrecords filed under these regulations;

5. Prepare an annual report concerning activ-ities as provided under WSSC 1.70.140;

6. Provide training to persons subject to theCode of Ethics;

7. Periodically review the adequacy of theCode of Ethics; and

8. Publish and make available to persons orentities subject to the Code of Ethics, informationthat explains the Code and the duties imposed byit.

E. The Commission may provide for compen-sation of Board members, including expenses, inthe WSSC budget.

F. The Office of Internal Audit shall provideadministrative staff support to the Board. (Res.2003-1669 § 1(2-1))


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1.70.050

1.70.060

1.70.070

Ethics Officer.A. The Ethics Officer of the WSSC shall direct

the ethics program of the Commission and manageall related program components and processes, in-cluding program compliance. The Ethics Officer isalso responsible for promoting standards, ensuringthe workforce is educated in the area of ethics andthe WSSC’s ethics program, and responding to po-tential ethical violations in a timely manner.

B. The Board may delegate duties to the EthicsOfficer as appropriate and/or necessary in accor-dance with applicable laws and WSSC rules andregulations.

C. The Ethics Officer shall report administra-tively to the Internal Audit Manager and function-ally to the Board. (Res. 2012-1943)

Advisory opinions.A. Any person subject to the Code of Ethics

may ask the Board for an advisory opinion on themeaning or application of this Code to that per-son. A supervisor may ask the Board for an ad-visory opinion about the meaning or applicationof this Code to the employment-related conduct ofany employee supervised by the supervisor. In thissection, “supervisor” means a Commissioner, theGeneral Manager, Deputy General Manager, TeamChief, head of a staff office, and Group Lead-ers. Supervisors below those levels shall make anyrequests through the appropriate Group Leader.Unless the subject of the opinion authorizes dis-closure, the Board must keep the names of therequesting party and the subject of the opinionconfidential.

B. A Commissioner may request an advisoryopinion from the Board for a decision as towhether the Commission should enter into a pro-fessional services contract for legal services for aCommissioner in the event that the Commissionrejects a contract for legal services for a Commis-sioner or fails to make a decision on the contractfor legal services for a Commissioner, and the ap-peal of the Commission’s decision concerning thecontract for legal services has not been resolved asdescribed in WSSC 1.35.050(B)(3). The advisoryopinion of the Board shall be binding on the Com-mission and shall be final.

C. The Board must publish each opinion whenit is issued unless the Board finds that the privacyinterest of an employee or other person clearly

and substantially outweighs the public’s needs tobe informed about Board actions. The Board musttake all reasonable steps consistent with makingthe opinion useful for public guidance to keep con-fidential the identity of any person who is affectedby the opinion request. (Res. 2012-1942; Res.2003-1669 § 1(2-2))

Waivers.A. After receiving a written request, and to the

extent allowed under these regulations, the Boardmay grant a waiver of the prohibitions of this Codeif it finds that:

1. The best interests of the WSSC or the pub-lic would be served by granting the waiver;

2. The importance to the WSSC of a Com-missioner or employee or class of employees per-forming official duties outweighs the actual or po-tential harm of any conflict of interest; and

3. Granting the waiver will not give a Com-missioner or employee or class of employees anunfair economic advantage over other Commis-sioners or employees or members of the public.

B. After receiving a written request, the Boardmay waive the prohibitions of WSSC 1.70.180(B)and 1.70.190, pertaining to secondary employmentand post-employment prohibitions, if it addition-ally finds that:

1. The waiver is needed to ensure that com-petent services to WSSC or the public are timelyand available;

2. Failing to grant the waiver may reduce theability of WSSC to hire or retain highly qualifiedemployees; or

3. The proposed employment is not likely tocreate an actual conflict of interest.

C. The Board may impose appropriate condi-tions to fulfill the purposes of the Code of Ethicswhen it grants a waiver.

D. The Board must disclose to the public anywaiver that it grants. If a request for a waiver is de-nied, the Board may publish its response as an ad-visory opinion under WSSC 1.70.060. The identityof any Commissioner or employee who applies fora waiver must be kept confidential until the waiveris granted. The Board may reveal the identity ofany Commissioner or employee who applies for awaiver that is not granted if:

1. The Commissioner or employee autho-rizes public disclosure; or



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1.70.080

1.70.090

2. The Board has reasonable cause to believethat the Commissioner or employee has engaged inthe conduct for which the waiver was sought.

E. The Board must include the pertinent facts ineach waiver. (Res. 2003-1669 § 1(2-3))

Complaint – Adjudicatoryhearing.

A.1. The Commission or the General Managermay file a confidential written complaint with theBoard. A complaint may be based on concernsraised by an employee (including a supervisor tothe extent provided in WSSC 1.70.060) in writing,and such employee shall be considered a com-plainant for purposes of this article. An individualor entity outside WSSC may file a complaint di-rectly with the Board. The complaint must allegefacts that would support a reasonable person inconcluding that a violation of this Code of Ethicsoccurred.

2. a. The complaint must be filed within thelater of two years after:

i. The alleged violation; orii. The complainant learned or should

have learned of facts that would lead a reasonableperson to conclude that a violation occurred.

b. A complaint may not be filed more thanthree years after the alleged violation occurred.

3. If the complaint does not allege facts suffi-cient to state a violation of the Code of Ethics, theBoard may dismiss the complaint. The Board mustinform the complainant of its decision to dismissthe complaint. The Board may inform the subjectof the complaint that the complaint was filed anddismissed, but must not disclose the identity of thecomplainant.

B. The Board may file, on its own motion, acomplaint, if the complaint is filed within the timelimits established in subsection A of this section.

C. If, based on a complaint, the Board findsreasonable cause to believe that a violation of thisCode of Ethics has occurred, the Board may referthe complaint to the General Counsel who shall as-sign a staff counsel to the Board. The staff counselshall collect and refer to the Board evidence relat-ing to each violation as alleged in the complaint.

D.1. Prior to submitting the evidence to theBoard, the staff counsel shall notify the com-plainant and the respondent.

2. The Board shall dismiss the complaint in asigned order if:

a. The respondent, within 15 days after re-ceiving the notice, takes any action that may beavailable to cure each alleged violation; and

b. It finds that dismissal is not contrary tothe purposes of these regulations.

3. If the complaint is dismissed under thissubsection, the Board shall promptly send a copyof the order to the complainant and the respondent.

E. If the Board determines that the evidencesubmitted by the staff counsel does not merit fur-ther proceedings, the Board shall:

1. Dismiss the complaint in a signed order;and

2. Promptly send a copy of the order to thecomplainant and the respondent.

F. Staff counsel may recommend to the Board apre-hearing settlement of the complaint. Any suchsettlement shall be incorporated in a signed orderof the Board.

G. If a complaint is not dismissed or settled un-der subsection D, E, or F of this section, the Boardshall proceed to a hearing on the complaint. Thehearing shall be held in accordance with WSSCprocedures for contested cases. Proceedings beforethe Board shall be subject to the rules pertainingto ex parte communications set forth in the StateGovernment Article, § 10-219, Annotated Code ofMaryland. The respondent may be represented bycounsel. The General Counsel may assign counselto advise the Board, including outside counsel, ifappropriate.

H. At the hearing, the staff counsel:1. Shall present to the Board all available ev-

idence relating to each alleged violation of theCode of Ethics; and

2. May recommend any disposition of thecomplaint that appears appropriate to the staffcounsel. (Res. 2003-1669 § 1(2-4))

Complaint disposition.A. After the Board considers all of the evidence

presented at the hearing, it shall make written find-ings of fact and conclusions of law based on therecord made at the hearing. A decision shall ordi-narily be rendered within 60 days of the hearing.

B. If the Board determines that the respondenthas not violated the Code of Ethics, the Boardshall:


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1.70.100

1.70.110

1.70.120

1.70.130

1. Dismiss the complaint in a signed order;and

2. Promptly send a copy of the order to thecomplainant and the respondent.

C. If the Board determines that the respondenthas violated these regulations, the Board may:

1. Issue an order of compliance directing therespondent to cease and desist from the violation;

2. Issue a reprimand; or3. Recommend to the appropriate authority

other appropriate discipline of the respondent, in-cluding censure or removal if that discipline is au-thorized by the WSSC Personnel Policy and Ben-efits Programs Manual or other WSSC regulationsor procedures.

D. With respect to disciplinary action recom-mended under subsection (C)(3) of this section,the Board is not empowered to take direct admin-istrative action, but an opinion of the Board maybe utilized as the basis for an administrative actionby the Commission or by the appropriate level ofWSSC management.

E. If the respondent is a regulated lobbyist, foreach report required under Article VI of this chap-ter that is filed late the respondent shall pay afee of $25.00 to WSSC for each late day, not toexceed a total of $1,000. (Res. 2007-1779; Res.2003-1669 § 1(2-5))

Judicial review.A. If a respondent is aggrieved by a final order

of the Board, the respondent may seek judicial re-view as provided in the State Government Arti-cle, Title 10, Subtitle 2 (Administrative ProcedureAct – Contested Cases), Annotated Code of Mary-land.

B. The Commission may seek judicial enforce-ment of the Board’s orders. (Res. 2003-1669§ 1(2-6))

Confidentiality.A. Except as provided in subsections B and C

of this section, after a complaint is filed:1. The proceedings, meetings, and activities

of the Board and its employees relating to the com-plaint are confidential; and

2. Information relating to the complaint, in-cluding the identity of the complainant and respon-dent, may not be disclosed by the:

a. Board;

b. General Counsel’s Office or Office ofInternal Audit;

c. Complainant; ord. Respondent.

B. Except as provided in subsection C of thissection, the restrictions in subsection A of this sec-tion apply unless:

1. The matter is referred for criminal prose-cution under WSSC 1.70.120; or

2. The Board finds a violation of these regu-lations.

C.1. The Board may release any information atany time if the respondent agrees in writing to therelease.

2. On request of the respondent, the Boardat any time shall disclose the identity of the com-plainant to the respondent. (Res. 2003-1669§ 1(2-7))

Referral to prosecuting authority.A. If the Board, while considering a complaint,

finds that there are reasonable grounds to believethat the respondent may have committed a crim-inal offense, the Board promptly shall refer thematter to the General Counsel for review and sub-mittal to the appropriate prosecuting authority, ifappropriate.

B. The Board shall make available to the pros-ecuting authority all pertinent evidence under itscontrol. (Res. 2003-1669 § 1(2-8))

Retention of documents.A. Any person that is required to file a report,

statement, or record under this title shall retaineach account, bill, receipt, book, paper, or otherdocument necessary to complete and substantiatethe report or statement.

B. The person shall retain the document forthree years after:

1. The date the report, statement, or recordwas filed; or

2. If the report, statement, or record is notfiled, the date the report, statement, or record wasrequired to be filed.

C. On request by the Board, and after reason-able notice, the documents shall be available forinspection by the Board. (Res. 2003-1669§ 1(2-9))



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1.70.140

1.70.150

1.70.160

1.70.170

Annual reporting.A. On or before April 15th of each year, the

Board shall prepare in draft the report that is re-quired to be filed by the Commission with the gov-erning bodies of Montgomery and Prince George’sCounties concerning conflicts of interest issuesthat arose and were under review or resolvedwithin the previous year.

B. Unless prescribed by the State Ethics Com-mission, the form of annual report to the countygoverning bodies concerning conflicts of interestshall contain a case-by-case statement of the is-sue(s), the regulation(s) involved, the status of pro-ceedings, and any final determination. A Commis-sion approved report shall be provided to the gov-erning bodies of Montgomery and Prince George’sCounties.

C. In addition to its report concerning conflictsof interest issues, the Board shall prepare in draftthe annual report that is required to be filed by theCommission on lobbying before the Commission.A Commission approved report shall be providedto the governing bodies of Montgomery and PrinceGeorge’s Counties. (Res. 2003-1669 § 1(2-10))

Entities doing business withWSSC – Listing.

The General Manager shall cause to have pub-lished annually an alphabetized list of nongovern-ment entities doing business with WSSC duringthe preceding year and make it available to indi-viduals required to file financial disclosure state-ments under Article V of this chapter. The list shallbe available for public inspection by March 1st ofeach year. (Res. 2003-1669 § 1(2-11))

Ethics training.The Commission shall provide at least one hour

of ethics training annually to all employees. Thetraining shall be mandatory for all employees.(Res. 2011-1901 (Exh. 1))

Article III. Conflicts of Interest

Restrictions on participation ofemployees.

A. An employee may not participate in anyWSSC matter, except to exercise a purely admin-istrative or ministerial duty which does not affectthe disposition or decision concerning that matter,

if the employee or a qualifying relative has an in-terest in the matter, or the employee creates theappearance that he or she has an interest in thematter, or if any of the following is a party thereto:

1. A business entity in which the employeehas a direct financial interest of which the em-ployee may reasonably be expected to know;

2. A business entity with which either theemployee or a qualifying relative (if known to theemployee) is an officer, director, trustee, or em-ployee;

3. A business entity with which either theemployee or a qualifying relative (if known to theemployee) has applied for employment, is nego-tiating employment, or has arranged prospectiveemployment;

4. A business entity which is a party to an ex-isting contract with the employee, or which eitherknows is a party to a contract with a qualifying rel-ative, if the contract could reasonably be expectedto result in a conflict between the private interestsand the official duties of the employee;

5. A business entity, either engaged in atransaction with WSSC or subject to regulationby WSSC, in which a direct financial interest isowned by another entity in which the employeehas a direct financial interest if the employee rea-sonably may be expected to know of both financialinterests;

6. A business entity which is a creditor orobligee of the employee or qualifying relative (ifknown by the employee) with respect to a thing ofeconomic value and which, by reason thereof, isin a position to affect directly and substantially theinterest of the employee or a qualifying relative.

B. An employee who otherwise would be dis-qualified from participation under subsection A ofthis section shall disclose the nature and circum-stances of the conflict, and may participate or act,if:

1. The disqualification would leave a bodywith less than a quorum capable of acting;

2. The disqualified employee is required bylaw to act; or

3. The disqualified employee is the only in-dividual authorized to act.

C. Notwithstanding subsection A of this sec-tion, an employee may obtain a waiver from theBoard to participate in an otherwise prohibited act


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1.70.180

1.70.190

1.70.200

or decision in accordance with WSSC 1.70.070.(Res. 2007-1779; Res. 2003-1669 § 1(3-1))

Restrictions on other employmentand financial interests.

A. General Restrictions. An employee must notengage in outside employment if the hours of suchemployment conflict with the employee’s normalwork shift at WSSC or where the outside employ-ment is of such a nature which does or may createa conflict of interest or the appearance of a conflictof interest.

B. Specific Restrictions. Unless the Boardgrants a waiver under WSSC 1.70.070, or as per-mitted by an advisory opinion under WSSC1.70.060, an employee must not:

1. Be employed by or have a financial inter-est in any business that:

a. Is regulated by WSSC;b. Negotiates or has entered into a contract

with WSSC; orc. Is a subcontractor for any business that

has a contract with WSSC;2. Hold any other employment relationship

that would impair the impartiality and indepen-dence of judgment of the employee; or

3. Be employed by an entity that is a partyto a contract that binds or purports to bind WSSCif the duties of the employee include matters sub-stantially relating to or affecting the contract andthe contract binds or purports to bind WSSC to paymore than $1,000.

C. Exceptions. Subsections A and B of this sec-tion do not apply to an:

1. Employee whose government duties areministerial, if the employment does not create aconflict of interest or the appearance of a conflictof interest;

2. Employment that makes a conflict of in-terest or appearance of conflict of interest remoteas determined in accordance with the regulationsof the State Ethics Commission (COMAR19A.02.01) or other criteria established by theBoard;

3. Employee exempted by Board under ex-traordinary circumstances to recruit, hire, or retainhighly qualified or uniquely qualified individualsfor public service or to assure the availability ofcompetent services to the public; or

4. Attorneys in the General Counsel’s Officeproviding pro bono representation in furtheranceof the directives of the Court of Appeals.

D. Prohibition Against ContingentCompensation. An employee must not assist orrepresent a party for contingent compensation ina matter before or involving the WSSC. (Res.2003-1669 § 1(3-2))

Employment restriction – FormerCommissioners and employees.

A. A former employee may not assist or repre-sent a party in a case, contract, or other specificmatter for compensation involving WSSC if theformer employee participated significantly in thematter as an employee.

B. A former Commissioner or employee maynot act as an agent or representative of any personor entity in a business transaction with WSSCwithin 12 months of their separation from WSSC.A Commissioner holding office or employee maynot knowingly become involved in any WSSCbusiness transaction with a former Commissioneror employee within 12 months from the date of theformer Commissioner’s or employee’s separationfrom WSSC.

C. This section does not prohibit the WSSC, inits sole discretion, from employing either a formerCommissioner or employee or hiring an entity em-ploying a former Commissioner or employee as aconsultant or contractor; provided, that full disclo-sure to the Commission is made prior to such em-ployment.

D. In this section, “significant participation”means making a decision, approval, disapproval,recommendation, rendering advice, investigation,or similar action taken as an employee. “Signifi-cant participation” ordinarily does not include pro-gram or budget preparation, review or adoption.(Res. 2003-1669 § 1(3-3))

Misuse of prestige of office –Harassment – Improperinfluence.

A. An employee must not use the prestige ofoffice for private gain or the gain of another, orcreate the appearance that the employee is utilizingthe prestige of office for private gain or the gainof another. Performing usual and customary



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1.70.210

1.70.220

ratepayer or customer services, without additionalcompensation, is not prohibited by this subsection.

B. Unless expressly authorized by the GeneralManager, a person must not use an official WSSCtitle or insignia in connection with any private en-terprise.

C. An employee must not use any WSSC facil-ity, property, or work time for personal use or forthe use of another person, unless the use is:

1. Generally available to the public; or2. Authorized by a law, regulation, or admin-

istrative procedure.D.1. An employee must not appoint, hire, or

advocate the advancement of a relative to a posi-tion that is under the jurisdiction or control of theemployee.

2. A relative of an employee must not be em-ployed in a position if the employee would exer-cise jurisdiction or control over the position.

E. An employee must not intimidate, threaten,coerce or discriminate against any person for thepurpose of interfering with that person’s freedomto engage in political activity.

F. A person must not influence or attempt to in-fluence an employee to violate the Code of Ethics.

G. An employee may not attempt to influencea state or county official in the conduct of the of-ficial’s duties for a purpose contrary to the StateEthics Law or these regulations.

H. In this section, “relative” means spouse, sig-nificant other, parent, child, brother or sister, uncleor aunt, first cousin, nephew or niece, father-in-law or mother-in-law, son-in-law or daughter-in-law, brother-in-law or sister-in-law, step-parent orstep- child, step-brother or step-sister, half-brotheror half-sister, or grandparent or grandchild. (Res.2007-1779; Res. 2003-1669 § 1(3-4))

Disclosure of confidentialinformation.

Except when authorized by law, an employeeor former employee must not disclose confidentialinformation relating to or maintained by WSSCthat is not available to the public. An employeeor former employee must not use confidential in-formation for personal gain or the gain of another.Unless expressly prohibited by law, an employeemay disclose validly obtained confidential infor-mation to a Commissioner or employee if the otherCommissioner or employee reasonably needs the

information to carry out that person’s official du-ties. Confidential information includes informa-tion that is subject to mandatory or discretionarydenial to requests from the public for disclosureunder the Maryland Public Information Act orother information determined by WSSC by con-tractual agreement, standard operating procedure,or otherwise, to be confidential or proprietary innature. (Res. 2003-1669 § 1(3-5))

Soliciting or accepting gifts.A. Except as provided in subsection B of this

section, an employee must not solicit a gift to theemployee or another person or organization:

1. From any business or individual who:a. Is registered or must register as a lobby-

ist;b. Does business with the WSSC; orc. Is, or owns or operates a business that

is, regulated by WSSC;2. During official work hours, or at WSSC,

or from any other employee who is supervised di-rectly or indirectly by the employee, while wear-ing all or part of an official uniform of WSSC, orwhile otherwise identifiable as an employee;

3. For the employee’s own benefit, unless theGeneral Manager approves the solicitation; or

4. With the intent of affecting or offering toaffect any action by the WSSC.

B. An employee may solicit a gift:1. From employees during official work

hours, for a charitable drive that is approved by theCommission or General Manager, when the solici-tation is part of the employee’s official duties;

2. From any person to a charitable organiza-tion, as defined in the state law regulating publiccharities, if the employee does not solicit giftsfrom those persons who do business with or areregulated by WSSC, or from other employees whoare supervised directly or indirectly by the em-ployee;

3. From any individual, during official workhours, while identifiable as an employee, or atWSSC, for the benefit of WSSC or a nonprofitorganization formally cooperating on a programwith WSSC if the solicitation is authorized by theCommission or General Manager; or

4. From other employees to express appro-priate sentiment to a co-worker or relative of aco-worker regarding a personal event such as a


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1.70.230

birth, birthday, retirement, marriage, death, or sim-ilar occasion.

C. An employee must not knowingly accept adirect or indirect gift from any individual or or-ganization that the employee knows or reasonablyshould know:

1. Is registered, or must register, as a lobbyiston a matter that is or could be considered byWSSC;

2. Does business with WSSC;3. Owns or operates a business that is regu-

lated by WSSC; or4. Has an identifiable economic or financial

interest that is different from that of the generalpublic, which the employee may substantially af-fect in performing the employee’s official duties.

D. Notwithstanding the prohibitions of subsec-tion C of this section, an employee may accept thefollowing gifts unless the gift would tend to impairthe impartiality and independent judgment of theemployee, give the appearance of impairing theimpartiality and independent judgment of the em-ployee, or the employee has reason to believe thatthe gift is intended to impair the impartiality of theemployee:

1. Meals and beverages under $50.00 re-ceived and consumed in the presence of the donoror sponsoring entity on an infrequent basis in con-nection with normal business discussions or, if$50.00 or over, if disclosed on the employee’s fi-nancial disclosure statement under Article V ofthis chapter;

2. Ceremonial gifts or awards with a resalevalue of $100.00 or less, if the gift or award com-memorates an event or achievement associatedwith the employee;

3. Items of personal property, other thancash, of insignificant monetary value or trivialgifts of informational value;

4. Reasonable expenses for food, travel,lodging, and scheduled entertainment of the em-ployee, given in return for the employee’s partici-pation in a panel or speaking at a meeting;

5. Gifts of tickets or free admission valuedunder $50.00 to an employee who must file a fi-nancial disclosure statement under Article V ofthis chapter, or if valued at $50.00 or over, the gift:

a. Is a courtesy extended to the office;

b. Consists of tickets or free admission forthe employee and not more than one guest to at-tend a charitable, cultural, civic, labor, trade,sports, or political event, including meals and bev-erages served at the event; and

c. Is disclosed on the financial disclosurestatement;

6. Any item that is solely informational or ofan advertising nature, including a book, report, pe-riodical, or pamphlet, if the resale value of the itemis $50.00 or less;

7. Gifts from a relative; an honorarium, ex-cept as provided in subsection E of this section; or

8. A specific gift or class of gifts which theBoard exempts from this section, after finding inwriting that accepting the gift or class of giftsis not detrimental to the impartial conduct of thebusiness of the WSSC.

E. 1. Except as provided in subsection (E)(2) ofthis section, an employee may not accept an hon-orarium if the payer of the honorarium has an in-terest that may be substantially and materially af-fected, in a manner distinguishable from the publicgenerally, by the performance of the individual’sofficial duty; and the offering of the honorarium isin any way related to the individual’s official posi-tion.

2. An employee may accept an honorariumunder this subsection if the honorarium is limitedto reasonable expenses incurred for the em-ployee’s meals, travel, and lodging, and reasonableand verifiable expenses for care of a child or de-pendent adult or gifts that are otherwise permittedunder subsections (D)(2), (D)(3), and (D)(6) ofthis section.

F. Subsection C of this section does not applyto unsolicited gifts to the WSSC.

G. An employee who receives a gift that theemployee must not accept under this section mustreport the gift to the Board, and return the gift tothe donor or transfer the gift to the WSSC. (Res.2007-1779; Res. 2003-1669 § 1(3-6))

Conflict of interest statement.Persons who are not required to file an annual

financial disclosure statement pursuant to WSSC1.70.330(A) shall be required to file an annualconflict of interest statement. The statement,which shall be filed by April 30th of each year,shall request, at a minimum, information regarding



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1.70.240

1.70.250

1.70.260

relatives employed by WSSC (as defined in WSSC1.70.200(H)) and outside employment. The con-flict of interest statement shall be prepared, dated,and signed under oath by the employee and sub-mitted to the employee’s supervisor, as designatedby the General Manager, for review as to com-pleteness and potential or existing conflicts of in-terests or appearance of conflicts of interest. Com-pleted conflict of interest statements shall be main-tained by the Human Resources Office. (Res.2010-1842 (Exh. 1, § 3-7))

Article IV. Ethics in Public Contracting

Reporting of suspected collusiveor fraudulent bidding ornegotiation.

A. Notification to the General Counsel. Whenfor any reason, collusion or fraud is suspectedamong any bidders or offerors, a written notice ofsuch suspicion must be transmitted by a Commis-sioner or employee to the General Counsel.

B. Retention of All Documents. All documentsinvolved in any procurement in which collusion issuspected must be retained until the General Coun-sel determines otherwise. All retained documentsmust be made available to the General Counsel ordesignee upon request. (Res. 2003-1669 § 1(4-1))

Illegal gifts and kickbacks.A. Gifts. A bidder, offeror, or contractor must

not make or offer to make a gift to a Commissioneror employee that the Commissioner or employee isprohibited from accepting under Article III of thischapter or other law.

B. Kickbacks.1. In these regulations, a “kickback” means

any money, fee, commission, credit, gift, or com-pensation of any kind which is provided directlyor indirectly to a prime contractor, a prime con-tractor employee, a subcontractor, a subcontractoremployee, a Commissioner or employee, or otherperson for the purpose of obtaining or rewardingfavorable treatment in the award of a prime con-tract or a subcontract in connection with a contractawarded by WSSC.

2. A person must not:a. Provide, attempt to provide, or offer to

provide a kickback;

b. Solicit, accept, or attempt to accept akickback;

c. Include, directly or indirectly, theamount of a kickback in the price charged by thesubcontractor to the contractor, or by the primecontractor in the price charged by the prime con-tractor, to WSSC; or

d. Claim that the unlawfully induced con-tract or subcontract fulfills any legal, regulatory, orcontractual requirement.

3. WSSC may offset the amount of a kick-back from any sum owed to the prime contractorby WSSC. (Res. 2003-1669 § 1(4-2))

Ethics – Contractor conduct.A. During the conduct of a procurement, a bid-

der or offeror, or any officer, employee, represen-tative, agent, or consultant of any bidder or offeror,may not knowingly:

1. Make any offer or promise of future em-ployment or business opportunity to, or engage inany discussion of future employment or businessopportunity with, any WSSC employee or Com-missioner involved in the procurement;

2. Offer, give, or promise to offer or giveany money, gratuity, or other thing of value to anyWSSC employee or Commissioner involved in theprocurement; or

3. Solicit or obtain from any employee orCommissioner of WSSC before the award of acontract, any proprietary or source selection infor-mation regarding the procurement.

B. A contractor providing an analysis or recom-mendation to WSSC concerning a particular mat-ter must not, without first obtaining the writtenconsent of the General Manager, after commentfrom the Board:

1. Assist:a. Another party in the matter; orb. Another person if the person has a di-

rect and substantial interest in the matter; or2. Seek or obtain an economic benefit from

the matter in addition to payment to the contractorby WSSC.

C. A contractor must not use confidential infor-mation obtained in relation to performing a con-tract except as expressly authorized in the contractor by the General Manager.

D. In connection with a contract with WSSC, aperson must not willfully:


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1.70.270

1.70.280

1.70.290

1. Falsify, conceal, or suppress a materialfact by any scheme or device;

2. Make a false or fraudulent statement orrepresentation of material fact; or

3. Use a false writing or document that con-tains a false or fraudulent statement or entry of amaterial fact.

E. A person may not aid or conspire with an-other person to commit an act under subsection Dof this section. (Res. 2003-1669 § 1(4-3))

Participation in procurement.A. An individual or entity that employs an indi-

vidual who assists WSSC in the drafting of speci-fications, an invitation for bids, a request for pro-posals for a procurement, or the selection or awardmade in response to an invitation for bids or a re-quest for proposals may not:

1. Submit a bid or proposal for that procure-ment; or

2. Assist or represent another person, di-rectly or indirectly, who is submitting a bid or pro-posal for that procurement.

B. For purposes of subsection A of this section,assisting in the drafting of specifications does notinclude:

1. Providing descriptive literature such ascatalogue sheets, brochures, technical data sheets,or standard specification samples, whether re-quested by WSSC or provided on an unsolicitedbasis;

2. Submitting written comments on a speci-fication prepared by WSSC or on a solicitation orbid or proposal when comments are solicited fromtwo or more persons as part of a request for infor-mation or a pre-bid or pre-proposal process;

3. Providing specifications for a sole sourceprocurement made in accordance with the procure-ment regulations (WSSC Chapter 6.15); or

4. Providing architectural and engineeringservices for programming, master planning, orother project planning services. (Res. 2003-1669§ 1(4-4))

Consultants – Conflicts of interestaffidavit – Nonconvictionaffidavit.

A. Each invitation for bids or requests for pro-posals for a contract that will involve the selectionof a consultant who is to assist WSSC in the for-

mation, award, or execution of any WSSC contractshall require that a bidder or offeror provideWSSC with an affidavit that discloses any actualor potential conflict of interest of which the bidderor offeror knows, or reasonably can be expected toknow.

B. Requirements for disclosure of conflicts ofinterests under this section shall be consistent withthose applicable to state agency consultants underthe State Finance and Procurement Article,§ 13-212, Annotated Code of Maryland.

C. Except as may be provided in WSSC pro-curement regulations, each person, upon submit-ting a bid or proposal or other application for acontract with WSSC, shall submit an affidavit ofnonconviction (and related affirmation) in accor-dance with the State Finance and Procurement Ar-ticle, § 16-311, Annotated Code of Maryland. Theaffidavit additionally shall cover any convictionsof making a payment of a gratuity to, or supple-menting the salary of, a public official or similaroffenses relating to public graft. The affidavit shallcover any conviction by any officer, director, part-ner, or employee of the person or, if the person is abusiness, the business itself. To the extent known,the affidavit shall also cover convictions of any of-ficer, director, partner, employee of, and includinga business, related by common ownership or man-agement control, including subsidiaries, affiliates,or parent corporations.

D. Conviction, including an accepted plea ofnolo contendere, of any of the offenses set forthin subsection C of this section may be groundsfor debarment or a determination by WSSC that abidder or offeror is not responsible to perform thecontract.

E. This section is not intended to precludeWSSC from imposing similar conflict of interestrequirements as conditions in its other contracts.(Res. 2003-1669 § 1(4-5))

Disclosure of procurementinformation.

A. After a solicitation is issued and until a rec-ommendation is made by a Procurement Officeror a Project Manager, the Procurement Officer,Project Manager or any other WSSC employee orCommissioner involved in the procurement mayonly disclose to a person outside WSSC:



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1.70.300

1.70.310

1.70.320

1. Whether a decision has been made regard-ing the solicitation; and

2. Information that is available to the publicunder the Maryland Public Information Act.

B. After a solicitation is issued, a ProcurementOfficer or Project Manager shall record and in-clude in the procurement file the following infor-mation from a source outside WSSC:

1. The date and time of the inquiry or com-munication;

2. The name and affiliation of the personmaking the inquiry or communication; and

3. The substance and nature of the inquiry orcommunication.

C. After a recommendation is made by a Pro-curement Officer or Project Manager, but beforefinal action on the procurement, a WSSC em-ployee or Commissioner responsible for approvingor recommending the contract award shall providethe Procurement Officer or Project Manager, forinclusion in the procurement file, a written sum-mary of any inquiries or communications from asource outside WSSC in the manner provided insubsection B of this section.

D. This section is not intended to cover in-quiries or communications in the course of activi-ties clearly contemplated under WSSC’s procure-ment procedures such as pre-bid conferences, pro-posal evaluation interviews, competitive or solesource negotiation, or the negotiation and execu-tion of contracts. (Res. 2003-1669 § 1(4-6))

Prohibited contingent fees.A. A person must not retain another to secure

a contract from WSSC under an agreement that inexchange for the contract, the person will pay an-other a commission, percentage of the contract, ora contingent fee.

B. This section does not apply to:1. A bona fide employee or commercial sell-

ing agency retained by the person for the purposeof securing business; or

2. An attorney rendering professional legalservices consistent with applicable canons ofethics. (Res. 2003-1669 § 1(4-7))

Civil or administrative remediesagainst those who violate ethicalstandards.

A. Violation of the provisions of this articlemay result in the voiding by WSSC of the applica-ble contract, suspension, debarment, or a determi-nation that a bidder or offeror is not responsibleto perform a contract. Any civil and administra-tive remedies for violations of ethical standardswhich are codified elsewhere in law or regulation,or which are applicable by contract, are not im-paired.

B. The value of anything received by any per-son for a violation of the ethical standards con-tained in this article is recoverable from the personby WSSC by setoff, attachment, garnishment, orother appropriate legal action. A person who, forthe purpose of defrauding WSSC, acts in collusionwith another person in connection with procure-ment process is liable for damages equal to threetimes the value of the loss to WSSC that is attrib-utable to the collusion under the State Finance andProcurement Article, § 11-205, Annotated Code ofMaryland.

C. If a person makes a kickback in connectionwith the award of a contract, subcontract or order,WSSC is entitled to presume conclusively that theamount of the kickback was included in the priceof the contract, subcontract, or order and ulti-mately borne by WSSC. The amount of the kick-back may be recovered from the:

1. Recipient; or2. Person making the kickback. (Res.

2003-1669 § 1(4-8))

Penalties.A. Any criminal penalties for violations of eth-

ical standards codified elsewhere by law or regula-tion are not impaired.

B. Following a final criminal conviction of anemployee for violation of a provision of this arti-cle, WSSC must release the convicted employee.Pending completion of any criminal proceedings,the WSSC may suspend, with or without pay, theaccused employee. (Res. 2003-1669 § 1(4-9))


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1.70.330

1.70.340

1.70.350

Article V. Financial Disclosure

Who must file financial disclosurestatements.

A. The following persons must file a financialdisclosure statement under oath:

1. All persons holding positions under theexecutive salary schedule, merit and nonmerit po-sitions;

2. All persons holding merit or nonmerit po-sitions on level of Grade 12 or above; and

3. Other persons holding positions, desig-nated by the General Manager, after review andrecommendation by Team Chiefs and the heads ofthe staff offices, that are responsible, either as a de-cision-maker or an advisor to another making de-cisions, for:

a. Contracting or procurement, includingthe drafting of specifications and the negotiatingor executing of contracts, and the approval of in-voices for payment that exceed $500.00;

b. Regulatory matters, including planning,sewer category classifications, development orpermit review, and inspections; legal matters andthe payment or settlement of claims;

c. Financial matters, including audit, ben-efits and retirement administration (including staffand members of the Retirement Plan Board ofTrustees), and the administration of grants, subsi-dies or credits;

d. Land acquisition;e. Law enforcement;f. Controlling confidential information, in-

cluding information technology systems; andg. Other matters that would further the

purposes of this article.B. Members of WSSC advisory boards or com-

mittees must file financial disclosure forms. How-ever, the Board shall limit the information requiredon such forms to information concerning any fi-nancial interest or gift that may create a conflictof interest between the board or committee mem-ber’s personal interests and advisory duties. (Res.2016-2112; Res. 2003-1669 § 1(5-1))

When to file.A. Financial disclosure statements shall be filed

on or before April 30th of each year. Statementsdue April 30th of each year shall be for the period

commencing January 1st and ending December31st of the preceding year.

B. A person who is appointed or hired on orafter April 30th of any year to fill a position forwhich a disclosure statement is required shall filewithin 30 days of employment. The disclosurestatement shall cover the previous year whether ornot employed by WSSC during the previous year.

C. A person who leaves a position for which adisclosure statement is required shall file the state-ment within 60 days after leaving the position. Thedisclosure statement shall cover the year preced-ing the year in which the person left the position,unless a disclosure statement covering that yearhas already been filed. In addition, the disclosurestatement shall cover the portion of the currentyear in which the person held the position. (Res.2007-1779; Res. 2003-1669 § 1(5-2))

Statement contents.A. Forms shall be developed by the Office of

Internal Audit in consultation with the Board. Ex-cept as provided in subsections B and D of thissection, or otherwise required by this Code, thedisclosure statement to be filed by the employeeshall be substantially similar to the form and con-tent prescribed by the State Ethics Commission forstate employees under the General Provisions Ar-ticle, § 5-607, Annotated Code of Maryland.

B. References in the State Ethics Commissionform to “business with the State” and “employ-ment with the State” shall be deemed to mean“business with WSSC,” and “employed byWSSC,” respectively.

C. Attribution of interests for disclosure shallbe as provided under the General Provisions Arti-cle, § 5-608, Annotated Code of Maryland. How-ever, for purposes of this subsection, the interestsof a significant other shall be attributed to an em-ployee to the same extent required for a spouse.

D. The Commission may develop electronicforms, if secured, and at no cost to employees. Itmay also simplify state forms and, among otherthings, use ranges to reflect the dollar values ofinterests held by filers similar to those in use bythe Montgomery County government. (Res.2003-1669 § 1(5-3))



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1.70.360

1.70.370

1.70.380

Execution and where to file – Use.A. The financial disclosure statement shall be

prepared, dated, and signed under oath by themaker and submitted to an employee’s supervisor,as designated by the General Manager, for reviewas to completeness and potential or existing con-flicts of interests or appearance of conflict of in-terest. The General Manager’s financial disclosurestatement shall be reviewed by the Internal Au-ditor. After review, all financial disclosure state-ments shall be delivered to the Office of InternalAudit by April 30th of the current year.

B. A financial disclosure statement is filed un-der oath if the person signs a declaration that thefinancial disclosure statement is made under thepenalties of perjury. (Res. 2003-1669 § 1(5-4))

Financial disclosure statements aspublic records.

A. Once reviewed and transmitted to the Officeof Internal Audit under WSSC 1.70.360, financialdisclosure statements are public documents. Thesestatements shall be made available by the Officeof Internal Audit to the public for examination andcopying, subject to a reasonable fee for the timeand material. A financial disclosure statement isfiled under oath if the person signs a declarationthat the financial disclosure statement is made un-der the penalties of perjury.

B. Any person requesting to examine and/orcopy a financial disclosure statement shall provideto the Office of Internal Audit that person’s name,business address and home address and the nameof the employee whose disclosure statement is tobe examined and/or copied. The person shall alsoprovide a driver’s license or other government is-sued photo identification card, which may becopied by the Office of Internal Audit. In addition,the Office of Internal Audit may not release therequested financial disclosure statement until 24hours after the request has been made, in order toallow time to attempt to transmit notification ofthe request to the employee prior to the release ofthe requested financial disclosure statement. (Res.2006-1747; Res. 2003-1669 § 1(5-5))

Article VI. Lobbying Disclosure

Who must register as a lobbyist –Exceptions.

A. Any individual or organization must registeras a lobbyist if, during a year, that individual or or-ganization communicates with a Commissioner oremployee to influence executive or administrativeaction by WSSC and for those purposes:

1. Expends a cumulative amount of $100.00or more during a reporting period on WSSC Com-missioners or employees for meals, beverages,special events or gifts;

2. Is compensated $2,500 or more in a re-porting period, from all lobbying employers cu-mulatively, for all such communications, or incursexpenses of $500.00 or more per lobbying em-ployer (other than for personal travel or subsis-tence), to influence the development or adoptionof WSSC regulations or policies or procedures,land acquisition or service extension decisions, orWSSC recommendations to county government orstate government, including the General Assem-bly;

3. Is compensated to influence WSSC on aprocurement contract that exceeds $100,000 ormay be reasonably anticipated to exceed$100,000, under circumstances set forth undersubsection B of this section, unless the person isa bona fide salesperson or commercial sellingagency employed or retained by the employer;

4. Is compensated by a business entity to se-cure a grant, credit, or other subsidy from WSSCwith a value of more than $100,000 if the expenseor compensation thresholds of subsection (A)(2)of this section are met, unless the person is a bonafide salesperson or commercial selling agent em-ployed or retained by the employer; or

5. Spends at least $2,500 to provide compen-sation to one or more entities required to registerunder this subsection.

B. Subsection (A)(3) of this section applies to:1. Communications made prior to a formal

solicitation being issued;2. Communications made after a solicitation

is issued that are required to be included in the pro-curement file under WSSC 1.70.290; or

3. Communications to a Commissioner on aprocurement that is scheduled, or to be scheduled,


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1.70.390

1.70.400

for consideration on a Commission agenda, in-cluding testimony; and

4. Expense or compensation thresholdsstated in subsection (A)(2) of this section are met.

C. Subsection A of this section does not applyto:

1. Advising clients on proposed or pendingWSSC regulations or policies without other at-tempt to influence the Commission, if the individ-ual engages in no other acts in the reporting periodthat requires registration;

2. Communicating with WSSC when re-quested by WSSC, without engaging in any otheractivity to influence administrative or executiveaction on the subject of the communication;

3. Communicating with WSSC concerningthe submission or interpretation of plans, draw-ings, blueprints or similar (nonpolicy) architec-tural, engineering, construction or maintenance re-quirements;

4. Communicating with WSSC as an officialact of an official or employee of the state, a polit-ical subdivision of the state, or the United States,and not on behalf of any other person or business;

5. Actions of a publisher or working journal-ist in the ordinary course of disseminating newsor making editorial comment to the general public,without engaging in other lobbying that would di-rectly and specifically benefit the economic inter-ests of a specific person or business; and

6. Appearing before WSSC at the request ofa lobbyist if the witness:

a. Takes no other action to influence ad-ministrative or executive action; and

b. Identifies himself or herself as testify-ing at the request of the lobbyist.

D. Except for the authorization required byWSSC 1.70.400, an individual or organization isexempt from the reporting requirements of this ar-ticle if the individual or organization:

1. Compensates one or more lobbyists;2. Reasonably believes that each lobbyist

will timely register and report all expenditures re-quired to be reported; and

3. Engages in no other lobbying.E. Notwithstanding subsection B of this sec-

tion, if a lobbyist fails to report timely any infor-mation required under this article, the lobbyist’semployer is immediately subject to the reporting

requirements of this article. (Res. 2003-1669§ 1(6-1))

How and when to register as alobbyist.

A. Every person required to register with theBoard under WSSC 1.70.380 must disclose thefollowing information on a form provided by theBoard:

1. The lobbyist’s name and permanent ad-dress;

2. The name and permanent address of anyperson who will lobby on behalf of the lobbyist;

3. The name, address, and nature of businessof any person who compensates the lobbyist; and

4. The identification, by formal designationif known, of each matter on which the lobbyist ex-pects to lobby or employs someone to lobby.

B. This form must be filed not later than fivedays after an individual or organization first meetsthe requirements for registration under this article.

C. A lobbyist must register separately for eachemployer.

D. Each registration, if applicable, shall includethe authorization required under WSSC 1.70.400.

E. Each registration form shall be accompaniedby a fee of $20.00 or other amount specified in theWSSC schedule of fees and charges.

F. Each lobbyist may file a notice of termina-tion within 30 days after:

1. Stopping any lobbying activity; and2. Filing the reports required under this arti-

cle. (Res. 2003-1669 § 1(6-2))

Authority to lobby.A. An entity that engages a lobbyist for the pur-

pose of lobbying shall provide a signed authoriza-tion for the regulated person to act. If the entity isa corporation, an authorized officer or agent otherthan the lobbyist shall sign the authorization.

B. The authorization to act required by subsec-tion A of this section shall include the name andaddress of the lobbyist, the period during whichthe lobbyist is authorized to act (subject to sub-sequent modification), and the subject matter onwhich the lobbyist represents the entity. (Res.2003-1669 § 1(6-3))



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1.70.410

1.70.420

1.70.430

1.75.0101.75.0201.75.0301.75.040

1.75.010

1.75.020

1.75.030

Compensation must not becontingent.

Any person must not pay another person com-pensation that depends on or varies with the suc-cess or defeat of any administrative or executiveaction by WSSC. (Res. 2003-1669 § 1(6-4))

Reports by lobbyists to the board.A. Each registered lobbyist must file with the

Board, under oath:1. A report covering the period from January

through June 30th, filed by July 31st; and2. A report covering the period from July 1st

through December 31st, filed by January 31st.B. If the lobbyist is not an individual, an autho-

rized officer or agent of the lobbyist must sign theform. Each lobbyist must file a separate report foreach individual or organization that compensatesthe lobbyist.

C. Each report must include:1. A complete and current statement of the

information required under WSSC 1.70.390 forregistration;

2. Disclosure regarding compensation, gifts,expenses, fees, and other costs related to lobbyingefforts to the extent authorized under the GeneralProvisions Article, §§ 5-705 and 5-706, AnnotatedCode of Maryland; and

3. Disclosure of business transactions that anindividual lobbyist has with a Commissioner orGeneral Manager to the extent authorized underthe General Provisions Article, § 5-707, AnnotatedCode of Maryland.

D. Forms shall be substantially similar to thoseused by the State Ethics Commission and shall usethe same method of allocating costs required bythat agency. (Res. 2003-1669 § 1(6-5))

Public inspection of lobbyistregistration documents.

A. The Board must maintain all required docu-ments under this article and make them availableto the public for inspection and copying.

B. The Board may establish procedures for in-spection. The Board may charge fees for copyingas specified in the WSSC schedule of fees andcharges. (Res. 2003-1669 § 1(6-6))

Chapter 1.75

PUBLIC REVIEW OF EMPLOYEEFINANCIAL DISCLOSURE STATEMENTS

Sections:Purpose.Policy.Procedure.Authority clause.

Purpose.To provide procedures for the examination and

release of WSSC employee financial disclosurestatements to the general public. (IA 06-01)

Policy.Pursuant to Article V of the WSSC Code of

Ethics (WSSC Chapter 1.70), copies of financialdisclosure statements will be provided to individ-uals requesting them at a cost of $0.25 per copiedpage (single side). The Office of Internal Audit(the Office) will provide this service between thehours of 9:00 a.m. and 3:00 p.m. Monday throughFriday, excluding holidays.

This chapter does not apply to a request to viewa financial disclosure statement that is made inconnection with an audit, or civil or criminal in-vestigation conducted by a governmental entity.(IA 06-01)

Procedure.A. A member of the public must use the at-

tached request for financial disclosure statementform (RFDS, Attachment 1☰) to request a copyof a financial disclosure statement for any Wash-ington Suburban Sanitary Commission employee.Note: A separate request for financial disclosurestatement form must be completed for each indi-vidual employee requested. A request for financialdisclosure statement form will not be accepted fora group of employees in a particular organizationalunit, team or group, etc.

B. The requester will be required to appear inperson with a completed request for financial dis-closure statement form. The requester must pro-vide valid photo government issued identification(e.g., driver’s license or other government photoidentification and a change of address card whereapplicable). Non-government-issued identification

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1.75.040

will not be accepted. The address on the valididentification/address cards must correspond withthat provided on the completed request for finan-cial disclosure statement form.

C. The Office will review the request for finan-cial disclosure statement form for completenessand make a copy of the identification provided.The Office will advise the requester to remit theappropriate fees to the WSSC Cashier’s Office inthe RGH lobby utilizing a form similar to Attach-ment 2☰. The Office will not collect any fees.

D. The requested financial disclosure statementwill not be provided until 24 hours after the officereceives the requester’s completed financial dis-closure statement request form.

E. As soon as practicable, but no later than thenext business day after receipt of the request, theOffice will notify the employee whose financialdisclosure statement was requested and providethat employee with a copy of the applicable re-quest for financial disclosure statement form. Bestefforts will be made to advise the employee of therequest prior to release of the financial disclosurestatement.

F. Copies of all request for financial disclosurestatement forms will be maintained in the Office ofInternal Audit. (IA 06-01)

Authority clause.The General Counsel certifies that the statutory

authority for the adoption of the standard proce-dure codified in this chapter is the Public UtilitiesArticle, § 17-403, Annotated Code of Maryland,and Section 4 of the Washington Suburban Sani-tary Commission Code of Ethics (WSSC Chapter1.70). (Amended during 2019 codification; IA06-01)



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2.052.102.15

2.352.40

Title 2

ADMINISTRATION

Chapters:

Subtitle I. General

Community/Charitable SponsorshipsHost Community Mitigation for WSSC ProjectsProcedures for Issuing State of Maryland Uniform Civil Citations

Subtitle II. Legal

Procedure for Adjudicatory HearingsRequests for WSSC Records under the Maryland PublicInformation Act

2-1

2.05.0102.05.0202.05.0302.05.0402.05.0502.05.0602.05.070

2.05.010

2.05.020

2.05.030

2.05.040

2.05.050

2.05.060

2.05.070

Subtitle I. General

Chapter 2.05

COMMUNITY/CHARITABLESPONSORSHIPS

Sections:Purpose.Policy.Allowable expenditures.Expenditure limits.Approval.Exclusions.Authority.

Purpose.To establish guidelines for Commission expen-

ditures in support of community and charitableevents and sponsorships. (COMM 06-02 § I)

Policy.As a good corporate citizen, the Commission

believes it is appropriate to provide support to or-ganizations that enhance the quality of life for peo-ple in the community we serve. These sponsor-ships help the Commission achieve some of itsstrategic objectives including enhancing customersatisfaction, reputation and image. (COMM 06-02§ II)

Allowable expenditures.A. Sponsorships shall have relevance to

WSSC’s business and annual priorities for out-reach efforts.

B. No Commissioners or member of the SeniorLeadership Team shall request a sponsorship onbehalf of an organization where the Commissioneror member of the Senior Leadership Team serveson the Executive Committee of the Board of Di-rectors, or in a governing capacity.

C. Sponsorships will not be made to partisanpolitical organizations. (COMM 06-02 § III)

Expenditure limits.Annual sponsorships will not exceed $15,000

per year, allotted as follows: $5,000 to organiza-tions in each of Montgomery and Prince George’sCounties and $5,000 to organizations in eithercounty that the Commissioners jointly agree to

sponsor. This program is budgeted in the Commis-sion Office budget. (COMM 06-02 § IV)

Approval.A. The Chair and the other two Commissioners

representing the same county as the Chair shallconsult with the General Manager. Together theywill identify a sponsorship organization and do-nation amount. Two of the three Commissionersmust vote to award any sponsorship.

B. The foregoing process is repeated for theVice Chair and Commissioners in the Vice Chair’scounty.

C. The Chair and Vice Chair shall decide to-gether in consultation with the General Managersponsorships outside either county’s allotments. Ifthis group fails to agree on the disbursement forthese sponsorships, the awards will be brought to avote before all Commissioners.

D. Sponsorship requests received by the Gen-eral Manager shall be forwarded to the CorporateSecretary. The General Manager has the discretionto make a recommendation on any sponsorshipforwarded to the Commissioners for approval. TheCorporate Secretary shall disperse the recommen-dations to the Chair and Vice Chair and providethe General Manager with the Commissioners’ de-cisions. (COMM 06-02 § V)

Exclusions.Excluded from this policy is noncash assistance

for community and charitable organizations ap-proved by the General Manager and donated onbehalf of the Commission. (COMM 06-02 § VI)

Authority.The General Counsel certifies that this chapter

is authorized by the Public Utilities Article,§ 17-403, Annotated Code of Maryland.(Amended during 2019 codification; COMM06-02 § VII)



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2.10.0102.10.0202.10.0302.10.0402.10.050

2.10.010

2.10.020

2.10.030

Chapter 2.10

HOST COMMUNITY MITIGATION FORWSSC PROJECTS

Sections:Background.Policy.Limits of mitigation.Disputes resolution.Conclusion.

Background.The Commission acknowledges that from time

to time, either through the initial construction orpost-construction period, there may be an unusualimpact on a given area or community. This maybe in the form of community inconvenience duringconstruction and/or lasting impact on an area re-sulting from the addition of a new facility or ex-pansion of an existing facility. In the past, in orderto get permits or the necessary approvals to buildfacilities in or through park land, major non-water-and non-sewer-related park improvements havebeen included and funded by water and sewerratepayers. In nonpark areas, the counties have in-cluded non-water- and non-sewer-related featuresdesired by a community as part of approved CIPprojects. In today’s financial environment, ac-countability, spending affordability and overallbelt-tightening are necessary. Consistent with rec-ommendations made in the Report of the WorkingGroup on WSSC Spending Controls, mitigativemeasures must be carefully evaluated and costsclosely scrutinized.

This is not to say that mitigative measureswithin host communities are not appropriate. Infact, on a regular basis, the Commission makesallowances during right-of-way acquisition, or aspart of the design, and frequently adds communityamenities to facilities to compensate communitiesfor disruption during construction as well as forlong-term disturbance. Basic Commission policyin siting and building water and sewer pipelinesand facilities requires that areas impacted be leftin as close a state as possible to that which existedbefore the system improvement was made. This ismuch easier to do in pipeline projects than is pos-sible for facility projects. (GM 94-01)

Policy.WSSC will use the following as a guide in pro-

viding mitigative measures for WSSC capital pro-jects impacting neighborhoods and/or park areas:

A. The Commission is prepared to providecommunity enhancements commensurate with anytemporary or long-term community or park areadisruption caused by WSSC projects. Mitigationmay include but not be limited to such things asunique designs, park/play areas, innovativescreening, enhanced landscaping and consolida-tion of facilities.

B. The Commission will contribute its fairshare regarding any cooperative ventures withgovernmental agencies. The Commission shalltake all appropriate actions to ensure that WSSCresources not be disproportionately drawn uponfor the general public welfare, other than in fulfill-ment of WSSC’s principal mission. Accordingly,the need to achieve a fair and proper balance be-tween appropriate governmental agencies shall bea focus of all planning processes for these ven-tures. Joint use facilities will also be considered.Whenever possible during planning, the Commis-sion will encourage joint use and proportionatepayment responsibility when it is feasible to com-bine community and/or public needs into a singlefacility. (GM 94-01)

Limits of mitigation.Since no two projects are exactly alike, levels of

project mitigation will be determined on a case-by-case basis. Initial mitigative measures will be de-veloped by the Project Manager during early pro-ject development, and reviewed by Commissiondivision management and Policy Review Group(PRG) members for appropriateness as the projectprogresses. The Policy Review Group is made upof individuals from the executive, legislative andplanning branches of the county governments, aswell as Commission staff.

A. The National Environmental Policy Act(NEPA) defines “mitigation” to include:

1. Avoiding the impact altogether by not tak-ing a certain action or parts of an action.

2. Minimizing impacts by limiting the degreeor magnitude of the action and its implementation.

3. Rectifying the impact by repairing, reha-bilitating, or restoring the impacted environment.

2.10.010 HOST COMMUNITY MITIGATION FOR WSSC PROJECTS

2-4


2.10.040

2.10.050

4. Reducing or eliminating the impact overtime by preservation and maintenance operationsduring the life of the action.

5. Compensating for the impact by replacingor providing substitute resources or environments.

B. With this definition of mitigation in mind, itis Commission policy that:

1. Mitigative measures requested by commu-nity groups be considered by the project team andPRG as early as possible in the project plan-ning/design phase.

2. Costs be a consideration in the broadrange of mitigation options available. Commissionexperience has shown that when we provide sub-stitute resources or environments to compensatefor project impacts, cost need not be excessive.

3. The actual extent of mitigative measureswill be determined by such things as the time pe-riod and extent of construction disruption, the na-ture of any temporary disruption (impacts onstreams and wetlands, noise, dust, off-hours work,etc.), and any negative impact that might be placedon a community by the construction of a new per-manent facility. (GM 94-01)

Disputes resolution.Any differences of opinion that cannot be re-

solved at the PRG level will be escalated throughstaff to the Commissioners for final disposition.(GM 94-01)

Conclusion.It is important that reasonableness be the basic

criterion in determining the level of mitigativemeasures that can be applied to any WSSC project.Community and PRG members must be preparedto identify host community levels of demand thatare consistent with actual or perceived reductionsin the quality of life or impact on the environmentthat may result from a proposed project. Othergovernmental agencies must also recognize thatthey cannot expect to add onto WSSC projects ad-ditional non-water- and non-sewer-related projectswithout regard to the concerns raised in this pol-icy as conditions for receiving required permitsor other approvals. Since a variety of individualsituations may occur, a definitive policy on ac-ceptable levels of mitigation applicable to any andall projects is impossible to develop. The abovesets basic guidelines that should permit the iden-

tification and inclusion of a reasonable level ofcommunity/park benefits to be included as part ofCommission capital improvement projects. (GM94-01)



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2.15.0102.15.0202.15.0302.15.040

2.15.010

2.15.020

2.15.030

2.15.040

Chapter 2.15

PROCEDURES FOR ISSUING STATE OFMARYLAND UNIFORM CIVIL CITATIONS

Sections:Purpose.Definitions.Authority.Procedures.

Purpose.To establish the authority and procedures for the

issuance and processing of State of Maryland uni-form civil citations for violations of WashingtonSuburban Sanitary Commission regulations andprocedures. (GM 08-01 § I)

Definitions.“Authorized designee” means a person autho-

rized by the Washington Suburban Sanitary Com-mission to purchase and maintain records of is-suance and payment of State of Maryland uniformcivil citations.

“Authorized personnel” means a person autho-rized by the Washington Suburban Sanitary Com-mission to issue State of Maryland uniform civilcitations. (GM 08-01 § II)

Authority.Uniform civil citations may be issued by autho-

rized personnel of the following divisions:A. Environmental Group.

1. Erosion and Sediment Control Unit.B. Regulatory Services Group.

1. Fats, Oils and Grease Unit.2. Industrial Discharge Control Unit.3. Plumbing Inspection Services.4. Waste Hauler Inspection Unit.

C. Security and Safety Services Group.1. Investigations Unit.2. Operations Unit. (GM 08-01 § III)

Procedures.A. Obtaining State of Maryland Uniform Civil

Citation Booklets.1. Authorized designees of the Environmen-

tal Group, Regulatory Services Group and Secu-rity and Safety Services Group will purchase CivilCitation Booklets from the Maryland District

Court Warehouse, Purchasing Department, 2002AIndustrial Drive, Annapolis, Maryland 21401.Phone: 410-260-1650. Fax: 410-260-1669.

2. Authorized designees are responsible forthe Uniform Civil Citation Booklets used in theirdivisions, and are required to keep a record of theissuance of Uniform Civil Citation Booklets anda record of each uniform civil citation issued, in-cluding the date and to whom each booklet was is-sued and when it was returned to the authorizeddesignee.

3. Issuing officers from each division mustobtain Uniform Civil Citation Booklets from theauthorized designees.

B. Issuing Civil Citations – GeneralInformation for Authorized Personnel.

1. Gather all pertinent information prior toinforming the defendant that he/she will be issueda civil citation.

2. Fill out the civil citation carefully, com-pleting all applicable blocks and keeping track ofall citations.

3. When filling out civil citations print all in-formation neatly and write firmly so that all copiesare legible. Use a blue ball point pen only.

4. If applicable, issue a concurrent report onthe appropriate form.

5. If applicable, take photographs of the of-fense for which the civil citation is written. (Takeas many photos as is necessary to fully documentthe violation.)

C. Issuing Civil Citations – Completing theCivil Citation Form. Attachment 1☰ is a copy of asample civil citation, which corresponds with thissubsection. Each of the following numbered sec-tions corresponds with a numbered section in thesample civil citation in Attachment 1☰:

1. County. Enter the name of the county inwhich the violation occurred.

2. Agency. Enter “Washington SuburbanSanitary Commission.”

3. Defendant’s Name. Enter the responsibleindividual’s name, if the individual is acting ontheir own behalf. If the individual is acting on be-half of another entity, then enter both that entity’sname and the individual’s name.

4. Defendant’s Address. Enter the responsi-ble individual’s address, if individual is acting ontheir own behalf. If the individual is acting on be-

2.15.010 PROCEDURES FOR ISSUING STATE OF MARYLAND UNIFORM CIVIL CITATIONS

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https://municipal.codes/MD/WSSC/Code/Media/GM0801Att1.pdf

half of another entity, then enter that entity’s ad-dress.

5. Personal Information. Use the driver’s li-cense of the individual being issued the civil ci-tation to fill in these spaces. For any informationthat is not included on the license, make your bestjudgment and fill in the remaining spaces.

6. Personal Knowledge v. Affidavit. If a vi-olation is viewed by the issuing officer, then thepersonal knowledge box should be checked. If theviolation was not viewed by the issuing officer,then the affidavit box should be checked. If the af-fidavit box is checked, then an affidavit must besubmitted with the civil citation to the defendantand to the court. Contact the General Counsel’sOffice to assist with preparation of the necessaryaffidavit.

7. Charge. State the specific violation forwhich the defendant is being charged, e.g., theft ofwater, failure to have all grease creating devicesconnected to a grease abatement system, plumbingwithout a permit, etc.

8. Time and Date. Enter the date and time ofthe violation.

9. Location. List the facility, site or street ad-dress, city and county, in which the violation oc-curred.

10. Code, Municipal Infraction or COMAR.For all violations, check the Code box only. Allviolations of WSSC regulations and proceduresare considered to be violations of the AnnotatedCode of Maryland, state law. Additionally, enterthe correct and specific name and number of theWSSC regulation, section, subsection and para-graph, when applicable.

11. Receipt of Citation. If the civil citation isissued directly to the individual, have the individ-ual sign here noting receipt of the civil citation, af-ter the civil citation has been completely filled out.If the civil citation is mailed, under the signatureline, note that the civil citation was sent certifiedmail and list the mail receipt number, e.g., “sentcertified mail – 745747070507500.” (If a civil ci-tation is mailed, it must be mailed via certifiedmail.)

12. Instructions Section. Check the follow-ing boxes and fill in the appropriate informationfor all citations:

a. You Must Appear in Court. Do notcheck this box. WSSC has no regulation which, ifviolated, requires a court appearance.

b. You May Pay a Fine Of. Check this boxand enter the amount of the fine required ($250.00to $1,000) and a date 15 days from the date the ci-tation is delivered. If the civil citation is sent viacertified mail, enclose a letter with the citation in-forming the person receiving the civil citation thatthey will have 15 days from the date of receipt toelect to pay the fine. Check the box underneaththe “You May Pay...” line and write in “WSSC”and “14501 Sweitzer Lane, Laurel, MD 20707.”Do not check the box that says “District Court.”

c. You May Elect to Stand Trial. Checkthis box and enter “WSSC” and the name of thedivision you are entering the citation for. The dateshould be 10 days from the date the civil citationis delivered. If the civil citation is sent via certifiedmail, enclose a letter with the civil citation inform-ing the person receiving the civil citation that theywill have 10 days from the date of receipt to electto stand trial.

d. In Addition. Do not check this box.Abatement is not an option for violations of WSSCregulations and procedures.

e. Failing to Appear or Pay the Fine MayResult in a Warrant Being Issued for Your Arrest.Do not check this box. WSSC has no regulation,which if violated, requires the arrest of an individ-ual.

f. Failing to Pay the Fine or Request aTrial Date. Check this box to ensure that a fine canbe assessed against a defendant that fails to act.

g. Failure to Appear for a Requested TrialDate. Check this box to ensure that if the defendantelects to go to trial and fails to appear in court, ajudgment can be entered against the defendant.

13. Signature. In this section:a. Sign the civil citation;b. Clearly print your name;c. Enter the date that you are signing the

civil citation;d. Enter “WSSC” as the agency and your

division as the sub-agency; ande. Enter your WSSC ID number and gen-

eral phone number for your division.D. Civil Citation Disbursement. Copies of the

civil citation should be disbursed as follows:



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1. Municipality/Court Copy (White). Thiscopy should stay in the officer’s file. If the de-fendant does not comply with the civil citation orelects to stand trial, this copy should go to oneof the following district courts, based upon thecounty in which the civil citation was issued:

a. Howard County: 3451 Court HouseDrive, Ellicott City, Maryland 21043.

b. Montgomery County: 27 Court HouseSquare, Rockville, Maryland 20850.

c. Prince George’s County: 14735 MainStreet, Upper Marlboro, Maryland 20772.

2. Prosecutor’s Copy (Green). This copyshould stay in the officer’s file. If the officer re-ceives a court summons or a subpoena for trial,this copy should be forwarded along with a copyof the subpoena to the General Counsel’s Office.

3. Defendant’s Copy (Yellow). This copyshould be given to the defendant at the time of is-suance.

4. Municipality Copy (Pink). This copyshould be kept in the issuing officer’s division’sfile.

5. Officer’s Copy (Gold). This copy shouldbe kept in the issuing officer’s file.

E. Follow-Up.1. All issuing officers should keep a calendar

of dates that payments and/or elections to go totrial for each civil citation are due from the de-fendant. All issuing officers should also follow upwith the authorized designee to see if payment orelections were made.

2. Authorized designees should follow upwith the WSSC’s Cashier’s Office to see if pay-ments were made for civil citations and applied tothe correct account.

F. Central Civil Citation Database. Upon the is-suance of a civil citation the issuing officer shouldlog the civil citation information into the CentralCivil Citation Database. This database is a collec-tion of all civil citations issued by all divisions inWSSC. An officer can refer to this database whenissuing civil citations to ensure that the correct fineis being assessed. Note: A fine can only be in-creased if another citation is issued to the sameindividual or entity for the exact same violationwithin a 12-month period. The following informa-tion should be included in the Central Civil Cita-tion Database:

1. The civil citation number.2. The name of the entity or individual (last,

first) cited.3. The date of the violation.4. The violation (document, section, subsec-

tion and paragraph).5. The name of the issuing officer (last, first).6. The division of the issuing officer.

G. Notification of Court Date. If a defendantelects to stand trial or an issuing officer receives acourt summons or subpoena for trial, then the offi-cer’s supervisor should be notified, and the greencopy of the citation along with a copy of the courtsummons or subpoena should be immediately for-warded to the General Counsel’s Office.

H. Divisional Issuance Procedures Prior toIssuance of a Civil Citation. This chapter discussesand outlines the general procedure for issuing aWSSC civil citation. However, each of the divi-sions that issue civil citations may have specificdivisional procedures in addition to these that oc-cur prior to the issuance of a civil citation. (GM08-01 § IV)

2.15.040 PROCEDURES FOR ISSUING STATE OF MARYLAND UNIFORM CIVIL CITATIONS

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2.35.0102.35.0202.35.0302.35.0402.35.0502.35.0602.35.070

2.35.080

2.35.090

2.35.010

2.35.020

2.35.030

Subtitle II. Legal

Chapter 2.35

PROCEDURE FOR ADJUDICATORYHEARINGS

Sections:Purpose.Authority.Scope and applicability.Definitions.Procedures.Decisions of the Hearing Officer.Hearings conducted byCommissioners.Record of adjudicatory hearingprocedure.Miscellaneous.

Purpose.To establish regulations for conducting adjudi-

catory hearings involving contested cases accord-ing to the Administrative Procedure Act, Subtitle2 (Contested Cases), State Government Article,§ 10-201 et seq., Annotated Code of Maryland(hereinafter “APA”) and involving certain othermatters designated by the Commission. (Amendedduring 2019 codification; REG-LGS-GC-2014-002 § I)

Authority.The General Counsel has certified that the statu-

tory authority for adoption of the regulations cod-ified in this chapter is the Public Utilities Article,§ 17-403, Annotated Code of Maryland, and theAPA. (REG-LGS-GC-2014-002 § II)

Scope and applicability.A. General Principle. This adjudicatory hearing

chapter is applicable to contested case hearings asdefined in the APA and to such other matters asdesignated by the Commission. Conflicts betweenthis chapter and other Commission regulations orpolicies that address procedural matters for con-tested case hearings shall be resolved in favor ofthe latter.

B. Specific Examples.1. Matters subject to this chapter include:

a. Claims for a refund of a fee or charge inexcess of that which is proper and legal;

b. Denial, revocation or suspension of aplumber’s or gas fitter’s license;

c. Debarment of a contractor from biddingon future contracts;

d. Denial or revocation of status as a smalllocal business enterprise;

e. Claims for benefits under the WSSCemployees’ retirement plan;

f. Complaints, orders, or revocation orsuspension of permits issued pursuant to the In-dustrial and Special Waste Chapter of the WSSCPlumbing and Fuel Gas Code (WSSC Chapter14.25); and

g. Revocation or suspension of water orsewer authorizations or system extension permits.

2. Matters exempt from this chapter include:a. Matters not requiring an agency hear-

ing.b. Protests concerning Commission pro-

curement contracts.c. Contract claims and disputes relating to

Commission procurement contracts.d. Internal hearings on personnel matters

(See WSSC Personnel Policy and Benefit Pro-grams Manual for applicable procedures.) Perma-nent separation from service of a merit employeemay be appealed to the Office of AdministrativeHearings in accordance with the Public UtilitiesArticle, § 18-123(b), Annotated Code of Mary-land, and the State Personnel and Pensions Article,§ 4-401, Annotated Code of Maryland.

e. Matters before the Claims Dispute Re-solving Board. (See WSSC Chapter 3.10.)

f. Disputes regarding unpaid water billsheard by the Dispute Resolving Board. (SeeWSSC Chapter 3.15.)

g. Public informational hearings, such ashearings on the WSSC capital or operating bud-gets, capital improvements program, water andsewer rates, or any other quasi-legislative hearing.

h. Matters regarding the reasonableness ofany assessment, tax levy, or service charge of theWSSC, which may be appealed to the MarylandPublic Service Commission pursuant to the PublicUtilities Article, § 25-105, Annotated Code ofMaryland.



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https://municipal.codes/MD/Code/GSP/4-401


2.35.040

2.35.050

i. Matters delegated by the WSSC to theOffice of Administrative Hearings, except that theprovisions of WSSC 2.35.070(B) shall applywhere final decision making authority has beenretained by the Commission. (REG-LGS-GC-2014-002 § III)

Definitions.In this chapter the following terms have the

meanings indicated:“Adjudicatory hearing” means a hearing in a

contested case conducted according to the Admin-istrative Procedure Act, relevant provisions of thePublic Utilities Article of the Annotated Code ofMaryland and relevant WSSC regulations, or anyother hearing designated by the Commission as be-ing subject to this chapter.

“Administrative Procedure Act (APA)” meansthe Administrative Procedure Act, Subtitle 2 (Con-tested Cases), State Government Article,§§ 10-201 through 10-226, Annotated Code ofMaryland.

“Commissioner” means any Commissioner ofWSSC.

“Hearing Officer” means any Commissioner,the Corporate Secretary, the General Man-ager/CEO, a Team Chief or the Director of anyWSSC office, or any other person who has beendelegated authority to conduct an adjudicatoryhearing.

“Requester” means an individual who: (1) re-quests an adjudicatory hearing and who intends tobecome or has become a party to the proceedings;and (2) whose legal rights, duties, or privilegeshave been adversely affected by a decision of theWSSC.

“WSSC” or “Commission” means the Washing-ton Suburban Sanitary Commission. (REG-LGS-GC-2014-002 § IV)

Procedures.A. Requests for Adjudicatory Hearing. In addi-

tion to any information required by an applicablestatute, regulation or procedure, a requester shallsubmit to the Corporate Secretary in writing thefollowing:

1. The name, address, telephone number, and(if applicable) the WSSC account number of theindividual making the request; and

2. The basis or explanation of the reliefsought.

B. Notice of the Adjudicatory Hearing.1. Upon receipt of a written request for a

hearing, WSSC shall, pursuant to the applicablestatute, regulation or procedure, appoint a HearingOfficer to conduct an adjudicatory hearing.

2. Within approximately 10 business days ofthe receipt of the request, the Hearing Officer shallset the date for the adjudicatory hearing.

3. The Hearing Officer shall mail to all inter-ested parties notice of the hearing date, includinga copy of the regulations codified in this chapter.The hearing date shall be no later than six monthsfrom the date of the written request.

C. Appearance of Parties at Hearings –Representation.

1. A party may represent himself or herself.2. A party may be represented by an attorney

authorized to practice law in the State of Mary-land, or, when authorized by law, appear through arepresentative who is not an attorney.

D. Prehearing Conference.1. When appropriate, the Hearing Officer

may hold a prehearing conference to resolve mat-ters preliminary to the hearing.

2. A prehearing conference may be convenedto address the following matters:

a. Factual and legal issues;b. Stipulations;c. Requests for official notice;d. Identification and exchange of docu-

mentary evidence;e. Admissibility of evidence;f. Identification and qualification of wit-

nesses;g. Motions;h. Order of presentation;i. Scheduling; andj. Any other matters that will promote the

orderly and prompt conduct of the hearing.E. Adjudicatory Hearing Procedures.

1. The Hearing Officer shall conduct a fairand impartial hearing, avoid unnecessary delay,and maintain order.

2. The Hearing Officer shall conduct thehearing in such a manner so as to give all partiesample time to present their views.

2.35.040 PROCEDURE FOR ADJUDICATORY HEARINGS

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3. On a genuine issue of fact, each party isentitled to:

a. Call witnesses;b. Offer evidence;c. Cross-examine any witness; andd. Make opening and closing statements.

4. The Hearing Officer, or if present, a courtreporter, shall administer the following oath to theparties and witnesses:

Do you solemnly promise and affirm underthe penalties of perjury that the testimonyyou are about to give in the matter nowpending before WSSC shall be the truth,the whole truth and nothing but the truth?

5. The Hearing Officer shall determine theorder in which the parties shall present their viewsregarding the subject matter, and he/she may admithearsay evidence if credible and of sufficient pro-bative force.

6. Telephone Hearings.a. A party who seeks a hearing by tele-

phone shall request it no later than seven businessdays after the notice of the hearing is mailed. TheHearing Officer may, upon good cause shown, al-low a late request for a telephone hearing.

b. Unless a party objects and establishesgood cause for the objection, and if each party hasan opportunity to participate in and hear the entireproceeding, the Hearing Officer may conduct allor part of the hearing by telephone or other similarelectronic means.

c. The Hearing Officer shall ensure thatthe substantive and procedural rights of the partiesare protected, subject only to the limitations of thephysical arrangement.

d. A party shall ensure that any documen-tary evidence the party seeks to offer is deliveredto all parties at least five business days before thehearing.

e. The Hearing Officer may consider thefollowing actions as a failure to appear andgrounds for default if the conditions exist for morethan 15 minutes after the scheduled time of thehearing:

i. Failure to answer the telephone;ii. Failure to free the telephone for a

hearing; or

iii. Failure to be ready to proceed withthe hearing as scheduled.

7. The Hearing Officer has the authority to:a. Rule upon offers of proof and receive

relevant and material evidence;b. Consider and rule upon all procedural

and other motions appropriate to the proceeding,including motions for summary disposition if thereare no issues of material fact and the party is enti-tled to prevail as a matter of law;

c. Examine witnesses;d. Maintain order, limit unduly repetitious

testimony and/or cross-examination, and limit thetime for presentations;

e. Identify and submit issues of law to theGeneral Counsel who may, at the Hearing Offi-cer’s request, participate in the hearing by pro-viding an attorney as legal advisor to the HearingOfficer. An attorney acting as legal advisor to theHearing Officer in a case may not also present thecase before the Hearing Officer;

f. Grant a continuance for good causeshown. Except for emergency requests, a partyseeking a postponement shall file such a requestin writing with the Hearing Officer and all partiesfive business days before the scheduled hearing.For purposes of this provision, an emergency is asudden, unforeseen occurrence requiring immedi-ate attention which arises within five business daysof the hearing. In the event of an emergency, aparty may request a postponement by telephone;

g. Issue a final order of default; andh. Make rulings on the admissibility of ev-

idence, the propriety of cross-examination, andother procedural matters.

8. The Hearing Officer’s rulings shall be fi-nal and shall appear in the record. Parties shall bepresumed to have taken exception to an adverseruling.

9. The Hearing Officer may permit the par-ties to submit pre- or post-hearing memorandawithin the time allotted by the Hearing Officer. Aparty who submits such memoranda shall providea copy to all other parties.

10. If a party, upon receiving proper notice,fails to attend or participate in a hearing, pretrialconference or other proceeding, the Hearing Offi-cer may:

a. Proceed in that party’s absence; or



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2.35.060

2.35.070b. Enter a final order of default, which theHearing Officer may vacate for good cause shownif the aggrieved party files an appropriate motionwithin 30 days of mailing of the order of default.(REG-LGS-GC-2014-002 § V)

Decisions of the Hearing Officer.A. When Delegated Final Decision Making

Authority.1. In arriving at a decision, the Hearing Offi-

cer shall use the preponderance of the evidence asthe standard of proof.

2. The Hearing Officer shall issue a final de-cision and order in writing, including separatefindings of fact and conclusions of law. The find-ings of fact shall concisely state the conclusionsreached on each contested issue of fact and shallbe based exclusively on the evidence of record andmatters officially noticed.

3. The Hearing Officer shall mail a copy ofthe final decision and order to each party or theparty’s attorney of record. The Hearing Officershall inform the parties that a party who is ag-grieved by the final decision is entitled to judicialreview thereof by the circuit court for the countywhere any party resides or has a principal placeof business. A party obtains judicial review by fil-ing a petition for judicial review with such courtwithin 30 days from the date the final decision andorder is mailed.

B. When Designated to Conduct a Hearing onBehalf of Commission. When the Commissiondesignates a Hearing Officer to conduct a hearing,the Hearing Officer shall:

1. Within 60 days of closing the record, pre-pare a proposed decision and order including sepa-rate statements of findings of fact and conclusionsof law;

2. Mail a copy of the proposed decision andorder to each of the parties; and

3. As part of the mailing in subsection (B)(2)of this section, inform the parties, in writing, thatthey may file written exceptions to the proposeddecision and order within 30 days of the date ofthe proposed decision and order. (REG-LGS-GC-2014-002 § VI)

Hearings conducted byCommissioners.

A. Adjudicatory Hearings.1. Adjudicatory hearings shall be conducted

by either a quorum of the Commissioners or one ormore Commissioners, as required by the appropri-ate law or regulation.

2. The Chair, or the Chair’s designee, shallact as the Hearing Officer.

3. The Chair, or the Chair’s designee, shallapply the procedures in WSSC 2.35.050(E).

4. The Commissioners shall issue their finaldecision generally within 60 days following theconclusion of the hearing.

B. Exceptions.1. If the Commissioners delegate their au-

thority to conduct a hearing to a Hearing Officer,but retain the authority to render the final decision,the Commissioners shall apply the provisions ofthe State Government Article, § 10-216, Anno-tated Code of Maryland.

2. To contest the proposed decision and or-der, a party shall file written exceptions within 30days of the proposed order.

3. If written exceptions are filed with theCommissioners, the Chair, or the Chair’s designee,shall notify all parties of the date, time and placefor the exceptions hearing and shall ensure that thehearing is held generally within 45 days of receiptof the exceptions.

4. The Commissioners shall issue their deci-sion within 45 days following conclusion of theexceptions hearing.

5. If no written exceptions are filed, theCommissioners shall, within 60 days of the date ofthe proposed decision and order, render their finaldecision and order in writing, including separatestatements of findings of fact and conclusions oflaw, and shall mail it to all parties. As part of thefinal decision and order, the Commissioners shallinform the parties that a party who is aggrieved bythe final decision is entitled to judicial review bythe circuit court for the county where any party re-sides or has a principal place of business. A partyobtains judicial review by filing a petition for ju-dicial review with such court within 30 days fromthe date the final decision and order is mailed.(REG-LGS-GC-2014-002 § VII)

2.35.060 PROCEDURE FOR ADJUDICATORY HEARINGS

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2.35.080

2.35.090

2.40.0102.40.0202.40.0302.40.0402.40.0502.40.0602.40.0702.40.0802.40.090

2.40.100

2.40.1102.40.1202.40.1302.40.1402.40.1502.40.1602.40.170

2.40.010

2.40.020

Record of adjudicatory hearingprocedure.

A. The Hearing Officer shall ensure that allproceedings shall be digitally or stenographicallyrecorded, with the exception of refund hearingsin which the amount in controversy is less than$5,000, in which case the proceedings may be taperecorded.

B. The Hearing Officer shall ensure that allpleadings, testimony, written statements of posi-tion, studies, reports, exhibits, orders, stenographicnotes, if applicable, tapes, or transcripts of anyhearings or arguments and other documents re-quired by the State Government Article, § 10-218,Annotated Code of Maryland, are compiled as theofficial record of the adjudicatory hearing. TheCorporate Secretary is responsible for maintainingthe official record, when compiled, in the Corpo-rate Secretary’s office.

C. A party who desires a copy of a transcript ofthe hearing may request a copy from the HearingOfficer, who shall provide it to the party, providedthe party pays the transcription costs. If the tran-script is prepared by a private stenographer, theHearing Officer may direct interested persons tomake arrangements for obtaining copies by deal-ing directly with the stenographer. (REG-LGS-GC-2014-002 § VIII)

Miscellaneous.A. The failure of the Commission, the Com-

missioners or a Hearing Officer to perform any actwithin the time periods set forth in this chaptermay not be construed as a waiver or a derogationof any rights, powers, or authority of the Commis-sion.

B. The Hearing Officer may reschedule thehearing if there is an equipment malfunction. Ifsuch a malfunction occurs, WSSC is not liablefor any expenses incurred by a party as the resultof such rescheduling. (REG-LGS-GC-2014-002§ IX)

Chapter 2.40

REQUESTS FOR WSSC RECORDS UNDERTHE MARYLAND PUBLIC INFORMATION

ACT

Sections:Purpose.Authority.Definitions.Who may request.Necessity for written request.Contents of written request.Filing written request.Response to written request.Notification of persons who may beaffected by disclosure.Public record temporarilyunavailable.Public record destroyed or lost.Review of denial.Disclosure against public interest.Fees.Time of inspection.Place of inspection.Schedule A – Fees.

Purpose.A. These regulations establish procedures for

responding to requests from persons to inspectand/or copy WSSC records under the MarylandPublic Information Act. It is WSSC’s policy to fa-cilitate access to its public records by minimizingcosts and time delays to persons requesting inspec-tion of public records.

B. These regulations must be interpreted con-sistent with the Maryland Public Information Actand, in case of conflict, the Act governs. Theseregulations are not intended to create any legalrights for any person beyond those in the Act. (L07-01 § 1)

Authority.The General Counsel certifies that the statutory

authority for adoption of the standard procedurecodified in this chapter is the Public Utilities Arti-cle, § 17-403, and the General Provisions Article,§ 4-101 et seq., Annotated Code of Maryland. (L07-01 § 2)



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2.40.030

2.40.040

2.40.050

2.40.060

2.40.070

Definitions.“Act” or “Maryland Public Information Act”

means the General Provisions Article, § 4-101 etseq., Annotated Code of Maryland, as amended.

“Applicant” means a person requesting disclo-sure of a public record.

“Custodian” means an authorized or designatedWSSC employee having personal custody andcontrol of public records of the WSSC. The custo-dian would normally be the Team Chief or OfficeDirector for the organization that has personal cus-tody and control of the document.

“Official Custodian” means the person who isresponsible for the maintenance, care, and keepingof WSSC’s public records. Unless otherwise pro-vided by law, the Corporate Secretary is the Offi-cial Custodian of WSSC records.

“Person in interest” means the person or personsdescribed in the occurrence that was recorded inthe record.

“Public record” or “record” means the originalor any copy of any documentary material, regard-less of physical form or characteristics, includingwithout limitation computer files and/or data, andother digital and electronic information, made orreceived by WSSC in connection with the transac-tion of public business.

“Working day” means a day other than Satur-day, Sunday, or WSSC holiday observed byWSSC, or a day on which WSSC is closed forofficial business (e.g., snow day, national day ofmourning, etc.).

“Written request” means a document containinga request to inspect or copy records delivered inperson, by mail, or by electronic means. (L 07-01§ 3)

Who may request.A. Any person may request to inspect or copy

any WSSC public record. The custodian must referall written requests to inspect or copy documentsto the Corporate Secretary for logging and trans-mittal to the General Counsel’s Office.

B. Referrals of a request to the General Coun-sel, where appropriate, should be made within twoworking days of receipt by the custodian or the Of-ficial Custodian, or as soon as otherwise practica-ble. (L 07-01 § 4)

Necessity for written request.A. Inspections.

1. Except as otherwise provided in this reg-ulation, the custodian should generally make pub-lic records available for inspection by an applicantwithout demanding a written request.

2. The custodian must require a written re-quest if the custodian reasonably believes that:

a. The applicant is a party (or acting on be-half of a party) in litigation with either the WSSCor a WSSC employee; or

b. The Act, or any other law, may preventthe disclosure of the record to the applicant; or

c. A written request will materially assistthe custodian in responding to the request; or

d. The request may involve more than$100.00 in employee costs to search for and pre-pare the requested records, or more than $100.00in reproduction costs.

B. Copies. If the applicant requests a copy ofany public record, the custodian may require awritten request from that applicant.

C. Transcripts. Any request for a transcript of aWSSC meeting or WSSC public hearing shall bein writing. (L 07-01 § 5)

Contents of written request.A written request must specifically identify the

record sought. The request must include the appli-cant’s name, address, and telephone number. If therequest is unclear or unreasonably broad, the cus-todian may ask the applicant to clarify or, if pos-sible, narrow the request. If the requested recordwould only be available to a “person in interest”under the Act, the custodian may ask the applicantto provide information to determine if the appli-cant is a person in interest. (L 07-01 § 6)

Filing written request.The applicant must address the written request

to the record’s custodian. If the applicant doesnot know the custodian’s name, the applicant mayaddress the request to the Corporate Secretary,WSSC, 14501 Sweitzer Lane, Laurel, MD 20707,or may submit the request electronically through adirect link provided on the WSSC Internet site forthese requests at www.wsscwater.com. (L 07-01§ 7)

2.40.030 REQUESTS FOR RECORDS UNDER PUBLIC INFORMATION ACT

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2.40.080

2.40.090

2.40.100

2.40.110

Response to written request.A. The custodian shall send a copy of all writ-

ten requests to inspect and copy documents to theCorporate Secretary. The Corporate Secretaryshall track all requests and forward them to theGeneral Counsel’s Office for review. The Corpo-rate Secretary shall also send a copy of a requestfrom the news media to the Communications andCommunity Relations Director in addition to theGeneral Counsel’s Office.

B. The General Counsel’s Office will reviewall written requests to inspect and copy documentsand will advise the custodian if there are any legalreasons to deny all or part of the request to inspector copy documents. If the custodian grants a writ-ten request for inspection, the custodian must pro-duce the record for inspection within a reasonableperiod of time not to exceed 30 calendar days fromthe date of the request.

C. If a person requests a copy of a public recordthat is ordinarily stored electronically by WSSC,and is otherwise subject to inspection under theAct, the custodian shall produce the record in theelectronic format in which it is ordinarily main-tained by copying the record onto portable storagemedia such as audio tapes, videotapes, compactdiscs (CD) or digital media discs (DVD).

D. Any decision to deny a request or any part ofa request must be reviewed by the General Coun-sel’s Office before it is sent to the applicant.Within 10 working days after a denial of all or partof a request, the custodian must also provide theapplicant with a written statement containing thereasons for the denial, the legal authority for thedenial, and notice of any remedies under the Actfor review of the denial. Any denial of a requestmust be communicated within 30 calendar days ofreceipt of the written request.

E. If a requested public record is not in the cus-tody or control of the person to whom written ap-plication is made, that person should forward therequest to the appropriate custodian within WSSCno later than two working days after receipt andsend a copy of the request to the Corporate Sec-retary. If it is determined that the requested doc-uments are not within the custody or control ofWSSC, the person receiving the request must sonotify the applicant within 10 working days of re-ceipt of the request. That person must also pro-

vide the applicant the name of the custodian of therecord or the location or possible location of therecord outside of WSSC, if known.

F. If the custodian determines that the record re-quested does not exist, the custodian shall notifythe applicant of this determination as soon as pos-sible, but not to exceed 30 calendar days after re-ceipt of the request. The custodian shall send acopy of this notification to the Corporate Secretaryfor tracking.

G. With the consent of the applicant, the cus-todian may extend any time limit imposed by thissection for an additional 30 calendar days. (L07-01 § 8)

Notification of persons who maybe affected by disclosure.

Unless prohibited by law, in response to a re-quest for inspection or copying, the custodian shallmake an attempt to notify any person who is rea-sonably known to the custodian and who could beadversely affected by disclosure of a public record.If the custodian decides to solicit the views ofany affected person, the custodian may considerthose views before deciding whether to disclosethe record to the applicant. If the custodian decidesto disclose a record contrary to the request of thataffected person, the custodian may first providethat affected person an opportunity to file an ap-propriate action to prevent the disclosure. (L 07-01§ 9)

Public record temporarilyunavailable.

If a requested public record is in the custody andcontrol of the person to whom application is madebut is not immediately available for inspection orcopying, the custodian shall promptly:

A. Notify the applicant in writing that the pub-lic record is not immediately available; and

B. Schedule a date within a reasonable time forinspection or copying. (L 07-01 § 10)

Public record destroyed or lost.If the person to whom application is made

knows that a requested public record has been de-stroyed or lost, that person shall promptly notifythe applicant of this fact. (L 07-01 § 11)



2-15

2.40.120

2.40.130

2.40.140

Review of denial.A. If the custodian denies a request to inspect

or copy all or part of a public record of the WSSC,the applicant may, within 30 calendar days after re-ceipt of the notice of denial, request an administra-tive hearing.

B. If the applicant requests a hearing:1. The hearing shall be governed by Title 10,

Subtitle 2 of the State Government Article of theAnnotated Code of Maryland and WSSC Chap-ter 2.35, Procedure for Adjudicatory Hearings (asamended); and

2. The Corporate Secretary shall issue the fi-nal decision of the WSSC.

C. If the hearing results in a total or partial de-nial of the request, the applicant may file an appro-priate action in the Circuit Court under § 4-362 ofthe Act.

D. If the applicant does not request a hearing,the applicant may file an action for judicial en-forcement under § 4-362 of the Act without ex-hausting that administrative remedy. (Amendedduring 2019 codification; L 07-01 § 12)

Disclosure against public interest.A. Denial Pending Court Order.

1. If, in the opinion of the General Manager,disclosure of a public record of the WSSC other-wise subject to disclosure under the Act would dosubstantial injury to the public interest, the Gen-eral Manager may temporarily deny the request fordisclosure. Upon issuance of this denial, the Gen-eral Counsel shall seek a court order permitting thecontinued denial of disclosure.

2. The temporary denial shall be in writing.B. Circuit Court Review of Temporary Denial.

1. Within 10 working days after the denial,the General Counsel shall file a complaint with theappropriate Circuit Court, requesting an order per-mitting continued denial or restriction of access.

2. Notice of the complaint shall be served onthe applicant in the manner provided for service ofprocess by the Maryland Rules of Procedure. (L07-01 § 13)

Fees.A. Before responding to a request, the custo-

dian may estimate in accordance with all applic-able provisions of this chapter the search, prepa-ration and reproduction costs associated with the

request and present the estimate to the applicant.After presenting the estimate to the applicant, thecustodian may:

1. Demand prepayment of the estimatedcosts by the applicant, subject to a reconciliationbetween the custodian and applicant which shalloccur no later than three working days after the fi-nal costs associated with the request received bythe custodian; or

2. Enter into a binding agreement with theapplicant providing that the applicant will pay toWSSC all costs associated with the request as acondition of receipt.

B. WSSC 2.40.170 governs the fees for copy-ing and certifying records. These fees may beamended as provided for in the WSSC’s approvedfees and charges, which can be found in the currentWSSC approved budget, and is available atwww.wsscwater.com.

C. If the custodian is unable to copy a record,prepare a transcript, or otherwise comply with theapplicant’s request within the WSSC, the custo-dian must make arrangements for the prompt re-production of the record at public or private fa-cilities outside the WSSC. Before incurring suchreproduction costs, the custodian shall collect pre-payment thereof from the applicant as set forth insubsection (A)(1) of this section.

D. Except as provided in subsection E of thissection, the custodian may charge reasonable feesfor the time expended searching for requestedrecords and preparing them for inspection andcopying. This fee should be related to the custo-dian’s actual cost (for example, the cost of any out-side contractor employed, or the hourly rate of anyemployee assigned to do the work), and may in-clude the cost of retrieving files from off-site stor-age facilities.

E. The custodian may not charge any search orpreparation fee for the first two hours of time thatis needed to respond to a request to inspect and/orcopy public records.

F. Upon written request, the custodian maywaive or reduce any fee charged pursuant to thisregulation if the custodian determines that thewaiver or reduction is in the public interest. TheOfficial Custodian must consider, among other rel-evant factors, the ability of the applicant to pay the

2.40.120 REQUESTS FOR RECORDS UNDER PUBLIC INFORMATION ACT

2-16



2.40.150

2.40.160

2.40.170

cost or fee. A waiver of a fee in excess of $50.00must be approved by the General Manager.

G. If the applicant requests that copies bemailed or delivered to the applicant, the custodianshall charge the applicant for the cost of postage ordelivery to the applicant. (L 07-01 § 14)

Time of inspection.The applicant may inspect any public record

that the applicant is entitled to inspect at an agreedupon time during the custodian’s normal workinghours. (L 07-01 § 15)

Place of inspection.The applicant must inspect the records where

they are maintained unless the custodian, after tak-ing into account the applicant’s request to inspectthe records at another location, determines that an-other place of inspection is more suitable and con-venient. (L 07-01 § 16)

Schedule A – Fees.A. Copies. The fee for each copy is $0.25 per

page (letter or legal size) if reproduction is madeby a photocopy machine within WSSC. Large sizeplans are $2.50 per sheet for xerographic or $4.00per sheet for sepia/mylar. If records are not sus-ceptible to photocopying (for example, electronicrecords, magnetic tapes, blueprints, and micro-film), the fee for copies must be based on the ac-tual cost of reproduction incurred by WSSC.

B. Certification of Copies. If a person requeststhat the custodian certify a copy of a record as atrue copy, the custodian may charge a fee of $0.50per page.

C. Minimum Fee Charged. The custodian mustnot charge a fee if the total amount of the feewould be $1.00 or less.

D. Transcripts. If a transcript of an audiotapedmeeting or hearing is requested, the fee shall bethe actual cost of producing the transcript. If thetranscript already exists, the fee shall be $0.25 perpage.

E. Exceptions. The foregoing fee provisionsnotwithstanding, if the fees for copies, printoutsof electronic documents, photographs, or certifiedcopies of any record are specifically prescribed bya law other than the Act or this regulation, the cus-todian must charge the prescribed fee. (L 07-01Schedule A)



2-17

3.053.103.15

3.203.25

3.453.503.553.60

Title 3

CUSTOMER MANAGEMENT

Chapters:

Subtitle I. Claims

Hearing Procedures for Customer Refund ClaimsProcedure for Resolving Water and Sewer ClaimsResolving Customer Complaints: Unpaid Water/Sewer Bills

Subtitle II. Customer Account Management

Adjustment and Correction of Water/Sewer BillsBilling and Collecting Water/Sewer Use Charges and Related Fees

Subtitle III. Customer Service

Fire Hydrant Meter Lease ProgramLeak on PropertyMaintenance Procedures for Sewer Grinder PumpsWater Main – Out of Service Procedures

3-1

3.05.0103.05.0203.05.0303.05.040

3.05.010

3.05.020

3.05.030

Subtitle I. Claims

Chapter 3.05

HEARING PROCEDURES FORCUSTOMER REFUND CLAIMS

Sections:Purpose.Definitions.Procedures.Authority clause.

Purpose.To describe the procedures governing customer

claims for refunds of paid fees and charges. (CUS06-03 § I)

Definitions.“Commissioner” means a commissioner ap-

pointed by Prince George’s County or Mont-gomery County Executives to serve on the WSSCBoard of Commissioners.

“Corporate Secretary” means one of the cor-porate officers who reports to the six appointedWSSC Commissioners.

Customer Care Team Representative. At leastone representative from the Customer Care Teamwill attend each hearing to offer testimony andclarify any procedural issues that may arise.

“Refund Hearing Board (RHB)” means a boardconsisting of at least three (and not more than five)WSSC Group Leaders or Unit Coordinators notcurrently employed by the Customer Care Team.The Customer Relations Group Leader will solicitvolunteers from the other teams. The term of eachvolunteer will be no more than two years. TheCustomer Relations Group will solicit new volun-teers. (CUS 06-03 § II)

Procedures.A. All refund hearings will be conducted pur-

suant to: Article 29, § 6-111, Annotated Code ofMaryland; the Commission’s Delegation of Au-thority, effective April 2, 2001, and as amendedfrom time to time; and this chapter; and may beconducted substantially in accordance with WSSCChapter 2.35, Procedure for Adjudicatory Hear-ings.

B. A claim for a refund and request for a hear-ing must be made in writing and include the cus-tomer’s rationale for requesting the refund, as wellas the dollar amount that the customer is request-ing. The claim, the completed refund hearing re-quest form, and supporting documentation shouldbe mailed to: Correspondence Services, 10thFloor, c/o WSSC, 14501 Sweitzer Lane, Laurel,MD 20707.

C. A customer must file a claim for refundwithin three years from the date of the payment forwhich the refund is requested, or the claim will beautomatically disallowed.

D. Upon receiving the written refund claim andthe request for a hearing, the Customer Relationsstaff shall investigate the claim to determine ifthe claim can be resolved without a hearing. Ifthe Customer Relations staff does not resolve theclaim, a refund hearing will be scheduled.

E. Refund hearings will be scheduled and heardas follows:

1. The Refund Hearing Board (RHB) shallhear and issue the final WSSC decision on anyrefund matter in which the amount of the refundclaim is less than $1,000. Generally, the RefundHearing Board (RHB) will attempt to hold a hear-ing within 60 days of receiving the claimant’scompleted refund hearing request form. Threemembers of the RHB must be present to hold a re-fund hearing. A final decision signed by the RHBmembers who heard the matter will be mailed tothe customer generally within about 60 days of thedate of the refund hearing.

a. Hearings will be held on the third Tues-day of each month, at a definitive time/location,unless notice is given otherwise to all parties.

b. The customer who requested the hear-ing must either appear in person at the hearing,send a representative to attend the hearing, or tes-tify via a conference call. If the customer previ-ously agreed to a hearing time and date, but doesnot appear at the hearing or contact WSSC person-nel to reschedule the hearing, the RHB may dis-miss the customer’s refund claim.

2. On any refund matter in which the refundclaimed equals or exceeds $1,000 but is less thanor equal to $25,000, a single Commissioner shallhear and decide the matter, and issue the finalWSSC decision. If no Commissioner is available



3-3

3.05.040

for this purpose, the Commissioners have autho-rized the Corporate Secretary to hear and decidethe matter, and issue the final WSSC decision.Hearings shall be scheduled by the Corporate Sec-retary. Generally, the Commissioner or CorporateSecretary will attempt to hold a hearing within 60days of receiving the claimant’s completed refundhearing request form. A final decision signed bythe Commissioner who heard the matter or by theCorporate Secretary, as applicable, will be mailedto the customer generally within about 60 days ofthe date of the refund hearing.

a. Hearings will be scheduled based uponCommissioner/Corporate Secretary/customeravailability, at a definitive date/time/location.

b. The customer who requested the hear-ing must either appear in person at the hearing,send a representative to attend the hearing, or tes-tify via a conference call. If the customer previ-ously agreed to a hearing time and date, but doesnot appear at the hearing or contact WSSC person-nel to reschedule the hearing, the Commissioneror the Corporate Secretary may dismiss the cus-tomer’s refund claim.

3. A quorum of Commissioners (i.e., a sim-ple majority of the Commissioners serving on theCommission when the refund hearing is held) shallhear all refund matters in which the amount of therefund claim is over $25,000. Quorum hearingsshall be scheduled by the Corporate Secretary.Generally, the Commissioners will attempt to holda hearing within 60 days of receiving theclaimant’s completed refund hearing request form.A final decision signed by each of the Commis-sioners who heard the matter will be mailed to thecustomer generally within about 60 days of thedate of the refund hearing.

4. The decision of the RHB, a Commissioneror the Corporate Secretary, or a quorum of Com-missioners shall be the final WSSC decision (“fi-nal decision”). A party who is aggrieved by thefinal decision is entitled to judicial review thereofas provided in the State Government Article,§ 10-222, Annotated Code of Maryland. Such ap-peal shall be taken by filing a petition for judicialreview in a circuit court authorized to provide thereview. A petition for review shall be filed within30 days from the date of receipt by the petitionerof the final decision. Note that filing of a petition

for review does not automatically stay the actionfor which review is sought. (CUS 06-03 § III)


authority for the adoption of the standard proce-dure codified in this chapter is Article 29,§§ 6-104, 6-105, 6-111, 8-101 and 9-101, Anno-tated Code of Maryland. Any conflict between thischapter and the Annotated Code will be resolvedin favor of the latter. (CUS 06-03 § IV)

3.05.040 HEARING PROCEDURES FOR CUSTOMER REFUND CLAIMS

3-4



3.10.0103.10.0203.10.030

3.10.0403.10.050

3.10.010

3.10.020

3.10.030

Chapter 3.10

PROCEDURE FOR RESOLVING WATERAND SEWER CLAIMS

Sections:Statement of purpose.Definitions.Disposition of property damageclaims.Dispute Resolving Committee.Exceptions.

Statement of purpose.A. To identify the procedures for settling

claims for damages caused by problems withWSSC-maintained water and/or sewer lines.

B. The Annotated Code of Maryland allowsthat WSSC “may” pay to settle sewer backupclaims occurring on or after July 1, 1979, and forwater main claims occurring on or after October1, 1999. The standard procedure codified in thischapter is adopted pursuant to the authority foundin the Public Utilities Article, § 17-407, AnnotatedCode of Maryland. (Amended during 2019 codifi-cation; CUS 08-01 § 1)

Definitions.“Actual cash value” means the value of an item

of personal property after depreciation has beencalculated.

“Bodily injury” means physical injury or illnessalleged to have resulted from a water main breakor sewer backup.

“Depreciation” means the measurement of thegradual loss of value of an asset through increasingage, natural wear and tear, or deterioration.

“Liability” means responsibility under the lawfor damages caused as a result of the breach of arecognized duty to an individual as created by thecommon and/or statutory law of the State of Mary-land.

“Motor vehicle accident” means an incident inwhich an automobile, while being operated, col-lides with anything causing damage to the automo-bile or the object collided with.

“No fault” means the payment, regardless of le-gal liability, of damages resulting from a sewerbackup or water main when such lines are main-tained by WSSC as authorized by the Public Util-

ities Article, § 17-407, Annotated Code of Mary-land.

“Personal property” means any movable item orasset owned by a claimant, as distinguished fromreal property.

“Real property” means all land, structures builtupon land, firmly attached and integrated equip-ment (such as light structures) and anything grow-ing upon the land.

“Replacement cost” means the cost associatedwith purchasing anew any item of personal prop-erty regardless of age or condition. (Amended dur-ing 2019 codification; CUS 08-01 § 2)

Disposition of property damageclaims.

A. The Commission’s Delegation of Authorityidentifies those WSSC staff members who are au-thorized to settle claims for damage arising fromWSSC water and sewer mains regardless ofwhether WSSC might be held legally liable forsuch claims. Pursuant to the provisions of Article29, § 18-106, Annotated Code of Maryland, pay-ments to settle claims are limited to actual propertydamage. Payment of claims due to sewer backupsand/or broken or leaking water mains maintainedby WSSC is limited to real property and the con-tents therein. Absent legal liability, no paymentwill be made for bodily injury suffered as a resultof these events. No payment will be made on a“no-fault” basis for motor vehicle accidents aris-ing from leaking or broken water mains.

B. Once the Claims Section has been notifiedof a claim by either telephone, email, in writing, orin person, a claims representative will be assignedto investigate. The claims representative will con-tact the customer as quickly as possible, but nolater than 48 hours after notification.

C. After contacting the claimant, the claimsrepresentative will determine the circumstancesand the extent of the damages. If the claim in-volves real and/or personal property damages as aresult of a problem with water or sewer lines main-tained by WSSC, a claim form will be provided tothe claimant. In addition, the claimant will be ad-vised to:

1. Provide a list of the damaged property, in-cluding the ages of all items claimed.

2. Furnish copies of all available receipts orother basis for estimated replacement costs, in-



3-5



3.10.040

cluding bills or any other documentation requiredto support the request for reimbursement.

3. Allow for inspection of the damaged prop-erty, as often as is reasonably necessary.

4. Make reasonable efforts to protect thedamaged property from further damage or destruc-tion.

5. Provide all required homeowner’s insur-ance information, including but not limited to:

a. The insurance company.b. The policy number.c. The agent’s name and phone number.d. Whether a claim has been made and, if

so, the claim number and the name and address ofthe adjuster handling it.

D. After inspecting the property and reachingagreement with the claimant that all the necessarydocumentation has been acquired, the claims rep-resentative will evaluate the value of the claim.Real property will be evaluated based on competi-tive estimates and/or independent estimates for re-pairing or replacing the damage, less applicabledepreciation. Personal property will be evaluatedbased on reasonable replacement costs of like kindand quality property, less applicable depreciation.

E. Evaluating a claim typically takes a claimrepresentative between 30 and 120 days from re-ceipt of all documentation, depending on the na-ture and size of the claim. If the evaluation exceedsthe claims representative’s delegated authority, theevaluation will be reviewed by the next rankingemployee indicated in the Delegation of Authority.

F. Upon approval of the evaluation, a settle-ment offer will be made to the claimant. Paymentwill be confined to the repair costs or the actualcash value of the property, whichever is less. Theactual cash value is the depreciated value of theproperty. For example, if it costs $500.00 to repairan appliance, but the depreciation value of that ap-pliance is only $200.00, the Commission will limitits payment to $200.00.

G. All claims paid in the absence of legal lia-bility will be limited to property damage. No pay-ments will be made for personal injuries, lostwages, inconvenience, mental anguish, businessinterruption, diminished value, or for anythingother than direct property damage on this basis.Payments may include reimbursement for cleaningbills, plumbing bills, or other services necessary

to restore or repair damaged property. Paymentswill be made to the owner of the real and/or per-sonal property only. Absent legal liability, no pay-ments will be made to insurers of damaged prop-erty under their rights of subrogation. Moreover,this chapter creates no rights or causes of actionthat do not already exist under Maryland law.

H. In determining actual cash value, WSSCwill be guided by depreciation methods generallyaccepted in the claims industry. All settlement of-fers will be presented as a lump sum figure.(Amended during 2019 codification; CUS 08-01§ 3)

Dispute Resolving Committee.A. Every effort will be made to fairly assess the

actual cash value of the claim. However, shouldthe claimant reject the settlement offer, theclaimant may request in writing that WSSC’s Dis-pute Resolving Committee review the claim.Claims that have been completely denied cannotbe reviewed by the Committee.

B. Within seven days of receipt of the writtenrequest directed to the Claims Manager, a Com-mittee will be appointed by the General Counselor designee. The Committee will comprise threeWSSC Team Chiefs/Directors, excluding the Gen-eral Counsel.

C. A mutually convenient date will be set forthe claimant to appear before the Committee tobriefly present his or her claim request. Claimantsmay have others present to assist them in present-ing their claims. If the claimant is represented byan attorney, a WSSC attorney will also be pre-sent to represent the Commission. A member ofthe Claims Section staff and/or the third party ad-justing company will also be present to explainWSSC’s position.

D. The Committee will determine the fair andreasonable level of property damages due to sewerbackups and water main breaks. The Committeewill not address issues of liability and fault.

The Committee will observe the following pro-cedures:

1. The Committee Chair will start the meet-ing at the appointed time, introduce those present,maintain order, and keep the meeting moving to-ward conclusion.

2. The Committee Chair will advise theclaimant that the Committee has reviewed the

3.10.040 PROCEDURE FOR RESOLVING WATER AND SEWER CLAIMS

3-6


3.10.050

3.15.0103.15.0203.15.0303.15.040

3.15.010

3.15.020

3.15.030

claim and will ask that the claimant concisely pre-sent his/her case.

3. The Committee members may questionthe claimant, any witnesses or WSSC representa-tives at any time.

4. The Committee will mail its decision tothe claimant within 10 working days of the hear-ing. The decision will be in accordance with Com-mission-approved policies and procedures.

5. The Committee decision shall be the finalWSSC decision.

6. A written explanation justifying the Com-mittee’s settlement offer/decision will be includedin the claims file.

7. After the decision letter has been mailed,claimants requesting any additional informationwill be referred by the Committee back to theClaims Manager.

E. Committee hearings are intended to resolveinformally all disputes between WSSC and theclaimants concerning settlement value of theclaim. The hearing before the Committee shall notbe construed or conducted as a contested case oradjudicatory hearing under the Maryland Admin-istrative Procedure Act. (Amended during 2019codification; CUS 08-01 § 4)

Exceptions.The Washington Suburban Sanitary Commis-

sion may not pay for damage caused by an inten-tional or negligent act or failure to act on the partof the owner or tenant of the property. (CUS 08-01§ 5)

Chapter 3.15

RESOLVING CUSTOMER COMPLAINTS:UNPAID WATER/SEWER BILLS

Sections:Purpose.The Dispute Resolving Board.Procedure.Authority clause.

Purpose.To set forth the procedure for disputing an un-

paid water and/or sewer bill to the Dispute Resolv-ing Board. (CUS 12-01 § I)

The Dispute Resolving Board.A. Composition. The Dispute Resolving Board

(DRB) shall consist of two customer members andone employee member. Two panels of the DisputeResolving Board shall be appointed.

B. Employee Members. The employee memberof each panel of the DRB must hold the position ofSection Manager or above (or equivalent grade).Employee members of the DRB may not work inthe Customer Service Team. The Customer CareDivision will solicit volunteers for the employeemember of each panel, and the General Managershall make the appointments. The term for eachemployee member shall be two years. The GeneralManager may appoint up to two alternate em-ployee members.

C. Customer Members. The Customer Rela-tions Group will solicit volunteers for the customermembers from WSSC’s Customer Advisory Board(CAB) or, if necessary, from the general public.The General Manager shall appoint a minimumof four customer members. The term of each cus-tomer member shall be two years. The GeneralManager may appoint up to two alternate customermembers.

D. Training. Each member of the DRB mustcomplete a training program regarding WSSC’sbilling and adjustment procedures prior to rulingon any DRB claims. (Amended during 2019 codi-fication; CUS 12-01 § II)

Procedure.A. Initial Notification to WSSC. A customer

who is dissatisfied with an unpaid water and/or



3-7

3.15.040

sewer bill must first contact WSSC. Customer Re-lations Group staff will review the bill and deter-mine whether the bill is eligible for any reductionbased upon WSSC approved policies and proce-dures. The Customer Relations Group Leader shallnotify the customer of the final decision by letter.

B. Initiating the DRB Process. If the customeris dissatisfied with the final decision of the Cus-tomer Relations Group, the customer may com-plete and submit a Dispute Resolving Board re-quest form. The form and any supporting docu-mentation should be sent to the WSSC CustomerRelations Group by mail to 14501 Sweitzer Lane,10th Floor, Laurel, Maryland, 20707; or by emailto [email protected]; or by fax to301-206-7013.

C. Eligibility for DRB Review.1. Time Requirements. In order to be eligible

for review by the DRB, the customer must makethe notification to WSSC required by subsection Aof this section within 60 days of the meter read-ing date upon which the bill is based. In addition,WSSC must receive the customer’s completedDispute Resolving Board request form within 30days of the date of the letter sent by the CustomerRelations Group Leader notifying the customer ofits final decision regarding the disputed bill.

2. Repeat Filers. If a customer has filed tworequests for DRB review on the same accountwithin the past 24 months and both requests weredenied by the DRB, then the customer shall notbe eligible for further DRB review. The customermust pay the disputed bill(s) and may file a refundclaim in accordance with the Public Utilities Arti-cle, § 25-106, Annotated Code of Maryland.

D. WSSC Staff Response. Upon receipt of atimely filed Dispute Resolving Board requestform, the Customer Relations Group staff shallprepare a response and shall forward the DisputeResolving Board request form and response to theDRB for review and a decision.

E. DRB Meetings. The DRB shall meetmonthly, or as needed based on the case load, ata regularly scheduled time and place, as deter-mined by the DRB. DRB members who are unableto attend the meeting in person may participateby telephone. The DRB will review the disputedbill claims and issue a written decision. No hear-ing is required; however, the DRB may decide

to hold an informal hearing to gather facts thatmay assist them in deciding the claim. If the DRBdecides to hold an informal hearing, Customer Re-lations Group staff shall coordinate the schedulingof the hearing and notify the customer. The cus-tomer may be represented at the hearing by any-one of his or her choosing, and a representativeof the Customer Relations Group shall also at-tend. The DRB hearing is an informal conciliatoryprocess and shall not be construed or conductedas a contested case or adjudicatory hearing underthe Maryland Administrative Procedures Act. Thehearing shall not be recorded.

F. Suspension of Collection Efforts. Upon re-ceipt of the Dispute Resolving Board request form,WSSC will suspend collection efforts on the dis-puted bill until the DRB issues its decision. Allother billed water and/or sewer charges must bepaid when due.

G. Adherence to Policies. In reaching its deci-sion, the DRB shall follow applicable WSSC ap-proved policies and procedures, including WSSCChapter 3.20, Adjustment and Correction of Wa-ter/Sewer Bills; WSSC Chapter 3.25, Billing andCollecting Water/Sewer Use Charges and RelatedFees; or any other approved policy (including sub-sequent amendments to the two aforementionedpolicies) that is applicable to the matter. The DRBmay only grant adjustments that are authorized byapproved WSSC policies and procedures.

H. Final WSSC Decision. The DRB’s decisionshall be the final WSSC decision on unpaid waterand/or sewer bill claims.

I. Payment After Decision. Following theDRB’s decision, the customer shall have 10 daysto pay the bill. Failure to do so may result in ser-vice being terminated for nonpayment in accordwith approved WSSC policy concerning suspen-sion of service.

J. Refund Claims. Customers who wish to pur-sue a disputed bill claim further may pay the dis-puted bill and file a claim for a refund in accor-dance with the Public Utilities Article, § 25-106,Annotated Code of Maryland. (CUS 12-01 § III)


authority for the adoption of the standard proce-

3.15.040 RESOLVING CUSTOMER COMPLAINTS: UNPAID WATER/SEWER BILLS

3-8





3.20.0103.20.0203.20.0303.20.0403.20.050

3.20.010

3.20.020

dure codified in this chapter is the Public UtilitiesArticle, § 17-403, Annotated Code of Maryland.(CUS 12-01 § IV)

Subtitle II. Customer Account Management

Chapter 3.20

ADJUSTMENT AND CORRECTION OFWATER/SEWER BILLS

Sections:Purpose.Definitions.Adjustment type.Correction types.Approval of bill adjustments andcorrections.

Purpose.A. To describe when and how WSSC will “ad-

just” bills that have been rendered correctly.B. To describe when and how WSSC will “cor-

rect” bills that have been rendered incorrectly.(REG-CUM-CC-2018 § I)

Definitions.“Average daily consumption (ADC)” means the

average number of gallons of water utilized at aproperty per day, as determined by dividing:

1. The total gallons of water passing througha meter between one meter reading and another;

2. By the number of calendar days that haveelapsed since the last meter reading.

“Comparable average daily consumption”means a property’s ADC one year earlier duringthe same or roughly the same period as the billfor which correction or adjustment is requested, aslong as the current customer and the same numberof occupants resided at the property during the ear-lier period.

“Current ADC” means the ADC of a property,measured for a minimum 10-day period followinga repair or following a high billing period.

“Multi-unit commercial property” means anymulti-unit, nonresidential property that is directlybilled by WSSC and utilized as a business.

“Multi-unit residential property” means a multi-unit (two or more) residential housing property di-rectly billed by WSSC. A multi-unit residentialproperty includes a mixed-unit residential/com-mercial unit property.



3-9


3.20.030

“Over-registering meter” means a meter that is:1. Two inches or smaller tested by WSSC

according to the American Water Works Associ-ation (AWWA) standards and found to be register-ing more than 101.5 percent of the water passingthrough the meter; or

2. A similarly tested meter that is larger thantwo inches found to be registering more than 103percent of the water passing through the meter.

“Single-unit commercial property” means a sin-gle-unit, nonresidential property that is directlybilled by WSSC and utilized as a business.

“Single-unit residential property” means a sin-gle-unit property exclusively used as a residenceand directly billed by WSSC.

“Under-registering meter” means a meter thatis:

1. Two inches or smaller tested by WSSCaccording to the AWWA standards and found tobe registering less than 98.5 percent of the waterpassing through it; or

2. A similarly tested meter that is larger thantwo inches found to be registering less than 97 per-cent of the water passing through it.

“Vandalism” means willful or malicious de-struction or damage of property. (REG-CUM-CC-2018 § II)

Adjustment type.A. High Bill Adjustment (Single-Unit

Residential Properties). An owner is responsiblefor maintaining his/her property’s plumbing sys-tem, including identifying and repairing all leaksto that system. An owner is, therefore, responsiblefor paying all billed water and sewer charges in-cluding water passing through the meter as a resultof plumbing system leaks. However, if a single-unit residential customer receives a bill with anADC at least three times the comparable ADC(or current ADC if comparable is unavailable) andthe customer is not eligible for any other adjust-ment set forth in this chapter, WSSC will adjustthe one high bill at the customer’s request. Thenew adjusted bill will exclude water and sewer usecharges attributable to 50 percent of the water usein excess of the property’s comparable ADC, orcurrent ADC if the comparable is unavailable. El-igible customers may receive such an adjustmentonly once for one billing period in any three-yearperiod.

B. One-Time High Bill Adjustment (Single-Unit Commercial Properties). A single-unit com-mercial property may be eligible for a one-time,one-bill reduction due to unexplained reasons andfor which no other applicable WSSC policy exists.The high bill must be at least three times higherthan the comparable ADC or the current ADC ifthe comparable is unavailable. At the customer’srequest, WSSC will adjust the high bill. The newadjusted bill will exclude water and sewer usecharges attributable to 25 percent of the water andsewer use in excess of the comparable ADC, or thecurrent ADC if the comparable is unavailable. El-igible customers may receive such an adjustmentonly once, for one billing period.

C. Leaks on Property – Underground Leaks(Residential or Commercial, Single- or Multi-Unit) . If WSSC verifies that (1) a customer hasbeen billed for water lost due to an undergroundleak and (2) the leak has been repaired by aplumber registered with WSSC, then WSSC willissue an adjusted bill to exclude up to six monthsof excess water and sewer use charges based on theproperty’s comparable ADC, or if there is no com-parable ADC, the current ADC.

D. Underground Leaks, Off Property(Residential or Commercial, Single- or Multi-Unit). Most meters are located at the property line.However, in unusual cases, meters are located offthe customer’s property. In such cases, if an un-derground leak occurs on the service line beforethe property line but after the water has passedthrough the meter, all bills reflecting excess waterlost due to the leak will be adjusted. The adjustedbill(s) will exclude all excess water and sewer usecharges based on the comparable ADC, or if thereis no comparable ADC, the current ADC.

E. Delayed Collection Action (Single-UnitResidential and Single-Unit Commercial). A billrendered to an account in the name of a tenant in asingle-unit residential property or single-unit com-mercial property that is left unpaid after the tenantvacates the property is ultimately the responsibil-ity of the property owner pursuant to the PublicUtilities Article, § 25-504(e), Annotated Code ofMaryland. However, if WSSC failed to discon-nect service to the property for nonpayment of thedelinquent balance on the date that the propertywas eligible for disconnection, all charges that ac-

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crued after that date and up to the tenant’s move-out date will be excluded from the bill. The prop-erty owner shall be responsible for the unpaidcharges up to the date the water should have beenturned off.

F. Charitable Institutions . Pursuant to the Pub-lic Utilities Article, § 25-506, Annotated Code ofMaryland, WSSC provides charitable institutionswith up to 100 gallons of water a day per residentwithout cost. To qualify for the WSSC charitablecredit, the institution must be one which providesresidential 24-hour care for indigent persons with-out regard to ability to pay and without regard towhether the person is a resident of Montgomeryor Prince George’s County. From time to time, butnot more frequently than once per year, WSSCmay require a charitable customer to certify that itcontinues to meet the criteria required by the Pub-lic Utilities Article, § 25-506, Annotated Code ofMaryland, and this chapter. Failure to return thecertification within the time period specified shallresult in discontinuation of the charitable credituntil such certification is restored. During the timeof no certification, the institution shall be liablefor all charges as billed, unless there can be es-tablished a basis for restoring the charitable creditduring the noncertification period. The charitablecredit is determined by calculating an average per-resident ADC by dividing the property’s total wa-ter usage by the number of calendar days in thebilling period by the total average number of per-sons residing at the charitable property for thatbilling period. If the average per-resident ADC isbelow 100 gallons per day, then the water/sewercharges will be zero. If the per-resident ADC is100 gallons or above, then the property will bebilled based upon the actual ADC, with a credit of100 gallons per day per resident.

G. Credits for Customers with Physical orMental Impairment (Single-Unit Residential).When all adult residents occupying a property areeither hearing/visually impaired or otherwisephysically or mentally challenged, bills that in-clude excess usage charges arising from a leak thatwas not apparent to the occupants due to the im-pairment(s) will be adjusted. Both excess waterand sewer charges will be reduced to the level ofthe comparable period, or if there is no compara-ble ADC, to the current ADC. To qualify for the

adjustment, the customer must provide a repair re-ceipt and a physician’s letter certifying a physicaland/or mental impairment for all adult occupants.This adjustment will cover all billing periods af-fected by the leak.

H. Fire or Vandalism (Residential orCommercial, Single- or Multi-Unit). A bill result-ing from water lost during a fire or as a result of anact of vandalism will be adjusted. The bill and wa-ter use must coincide with a period during whichthe fire or act of vandalism occurred. Additionally,the customer shall not be responsible for paymentfor damage to any meter during a fire or act of van-dalism, or for fees to turn the water off or on due tosuch act of fire or vandalism. To qualify for an ad-justment in either case, the customer shall submitdocumentation in the form of a timely filed policereport or fire department report. The adjusted billwill exclude all excess water and sewer chargesbased on the comparable ADC, or if there is nocomparable, the current ADC.

I. Public Fountain Use. Bills including chargesfor water used at public drinking fountains locatedat parks owned by the Maryland National CapitalPark and Planning Commission shall be adjustedeach quarter to exclude 5,000 gallons of waterand sewer charges for each fountain. The adjustedcharges shall not exceed the total water usage forthat period. If the adjusted charges would exceedthe total water usage for the period, the chargeswill be based on zero consumption.

J. Discolored Water or Sod Restoration (Single-/Multi-Unit Residential). A bill shall be adjustedwhen a customer has experienced a high bill dueto having to run the water in the home to cleardiscoloration, or due to watering of sod replacedor restored by a WSSC contractor. Confirmationof the discolored water or sod restoration shall beprovided by maintenance records, or be otherwiseverified by WSSC staff. The adjusted bill will ex-clude both water and sewer charges in excess ofthe comparable ADC or, if unavailable, the currentADC.

K. Unpaid Previous Owner Charges(Residential or Commercial, Single- or Multi-Unit). Upon notification that a property has beentransferred, WSSC will adjust the bill provided tothe new property owner to exclude unpaid chargesthat were incurred by the previous owner prior to



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3.20.0403.20.050

the date that title to the property was transferred.In the case of a foreclosure sale, upon receipt of acertified copy of the court order ratifying the fore-closure sale, WSSC will adjust the bill providedto the foreclosure sale purchaser to exclude unpaidcharges incurred prior to the date of the court or-der.

L. Gasket Leak on Meter (Residential orCommercial, Single- or Multi-Unit). An accountshall be adjusted for all excess water and sewercharges when a gasket leaking on a meter registerson the meter (that is, the leaking gasket is on the“house side” of the meter.) The comparable ADCor, if unavailable, the current ADC will be used asthe basis of the adjustment.

M. Illegal Consumption (Single-UnitResidential). Charges rendered to a propertyowner that resulted from the illegal water/sewerusage of a tenant who has vacated the property willbe removed up to the date the tenant moved out.

N. Lining Project (Residential or Commercial,Single- or Multi-Unit). Charges resulting from wa-ter used during cleaning and lining of a watermain, or due to the switching of meters in a dualmeter pit will be adjusted based on the comparableADC or, if unavailable, the current ADC. (REG-CUM-CC-2018 § III)

Correction types.A. Theft of Service (Residential or

Commercial, Single- or Multi-Unit). A correctedbill will be rendered for illegal water/sewer usage(including but not limited to straight pipe connec-tions, stolen or damaged meters, and meter by-passes left open) during the period for whichWSSC can reasonably determine the charges. Thecorrected bill will be based on the property’s com-parable ADC or, if unavailable, the current ADCimmediately after the illegal connection has beenremoved.

B. Incorrect Service (Residential orCommercial, Single- or Multi-Unit). A bill or billsrendered on the basis of a service other than thatactually provided the property will be corrected forno more than the previous 12 months, if the correc-tion results in a bill increase. If the correction re-sults in a bill decrease, WSSC will adjust incorrectcharges for a period of not to exceed three yearsfrom the date that WSSC discovered the incor-rect service. For example, bills rendered for wa-

ter use only to a property receiving both water andsewer service will be corrected to include seweruse charges calculated on the basis of the prop-erty’s billed water use, for a period not to exceed12 months. However, bills rendered for water andsewer service to a property actually receiving onlywater service will be corrected to exclude sewercharges for up to three years.

C. Over-Registering Meter (Residential orCommercial, Single- or Multi-Unit). A bill or billsrendered on the basis of a reading from a meterwhich is subsequently found to be over registeringthe property’s actual water consumption will becorrected for a period not to exceed three years.The corrected bills(s) will be rendered on the basisof the property’s ADC immediately following themeter’s repair or replacement.

D. Under-Registering Sub-Meter (Residentialor Commercial, Single- or Multi-Unit). A bill ren-dered on the basis of a reading from an under-reg-istering sub-meter or its remote reading device willbe corrected for a period of no more than threeyears. The corrected bill(s) will be based on the av-erage daily sewer use before the sub-meter or itsremote reading device began to malfunction or, ifunavailable, the current average daily sewer usesimmediately following the sub-meter’s repair orreplacement. (REG-CUM-CC-2018 § IV)

Approval of bill adjustments andcorrections.

A. The General Manager/CEO is delegated au-thority to approve any bill adjustments and correc-tions made under this chapter.

B. The General Counsel certifies that the statu-tory authority for the adoption of the standard pro-cedure codified in this chapter is Title 25, Subtitle5 and the Public Utilities Article, § 17-403, An-notated Code of Maryland. Any conflict betweenthis chapter and the Annotated Code of Marylandwill be resolved in favor of the latter. (REG-CUM-CC-2018 § V)

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3.25.0103.25.0203.25.030

3.25.0403.25.0503.25.060

3.25.070

3.25.0803.25.0903.25.100

3.25.110

3.25.1203.25.1303.25.1403.25.1503.25.1603.25.1703.25.180

3.25.1903.25.2003.25.2103.25.2203.25.2303.25.240

3.25.2503.25.2603.25.270

3.25.2803.25.290

3.25.010

3.25.020

3.25.030

Chapter 3.25

BILLING AND COLLECTINGWATER/SEWER USE CHARGES AND

RELATED FEES

Sections:


Purpose.Authority clause.General billing and collectionprocedures.

Article II. Specific Billing Procedures

Account for each connection.Meter at each connection.Accounts with more than oneconnection.Sewer use billed based on wateruse.Billing frequency.Rate structure.Method for billing certain multi-unitproperties.Multi-unit residential propertieswith multiple connections.Exemptions, special rates.Estimated bills.Payment, late fees.Returned check.Sub-meters.Account maintenance fee.Billing to tenant – Ownerresponsible.Water-only accounts.Sewer-only accounts.Help for needy customers.Appeals.Meter testing.Water main maintenance –Temporary service.

Article III. Specific Collection Procedures

Overdue bill – Notice.Courtesy call.Service turn-off.

Service restoration.Customer filing for bankruptcy.


Purpose.A. To describe how WSSC establishes accounts

for properties provided water and/or sewer serviceand bills water and sewer use charges and relatedfees.

B. To describe how WSSC collects paymentof water and sewer use charges and related feeswhich are not paid in a timely manner. (CUS 99-02§ I)


authority for the adoption of this regulation is thePublic Utilities Article, §§ 17-403, 24-103,25-501, 25-502, 25-503 and 25-504, AnnotatedCode of Maryland, and Section 366 of the UnitedStates Bankruptcy Code, 11 U.S.C. 366. Also, anyconflict between these procedures and either theAnnotated Code or the Bankruptcy Code will beresolved in favor of the latter two authorities.(Amended during 2019 codification; CUS 99-02)

General billing and collectionprocedures.

A. The WSSC will establish an account foreach property provided water and sewer serviceand will meter the water use of all such properties.

B. Generally, accounts will be billed monthlyor quarterly for their water/sewer use based ontheir actual or estimated water use.

C. The rate charged each account for its wa-ter/sewer use varies and relates to the account’s av-erage daily (water) consumption (ADC) during thebilling period. The higher an account’s ADC, thehigher the rate the account is charged for all waterand sewer use during the billing period.

D. Customers are provided 30 calendar daysfrom date of WSSC mailing, typically the post-mark date, to pay quarterly water/sewer bills and20 calendar days from date of WSSC mailing topay monthly bills. Quarterly bills not paid within30 calendar days and monthly bills not paid within20 calendar days are subject to a late fee.

E. WSSC offers special payment arrangementsto customers who have difficulty making timely



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3.25.040

3.25.050

3.25.060

3.25.070

3.25.080

3.25.090

3.25.100

bill payments. Contributions are also solicitedfrom customers which are used by WSSC to pro-vide bill payment help to needy customers.

F. Customers can formally appeal decisionsmade by WSSC staff on bill disputes to an in-dependent Dispute Resolving Board and/or to theagency’s policy-making board, its Commission.

G. A customer who, despite a formal reminderand/or warning, does not pay water/sewer usecharges and related fees will have his/her waterservice suspended. Also, service will not be re-stored until full payment is made of the delinquentbill and related fees to cover WSSC’s cost to sus-pend and restore service to the property. (CUS99-02 § II)

Article II. Specific Billing Procedures

Account for each connection.For each connection that it provides to its water

distribution system, WSSC establishes a billingaccount. (WSSC will also establish a billing ac-count for a property connected only to its sewagecollection system; see WSSC 3.25.200.) Mostproperties have one water connection, thereforeone account. Other properties have two or morewater connections, therefore two or more ac-counts. WSSC bills for service provided accounts,not necessarily properties. (CUS 99-02 § 3.0)

Meter at each connection.Generally WSSC installs a meter at each con-

nection provided to its water system. The meterregisters all water used by the connection. At acustomer’s request, WSSC will install an addi-tional meter called a sub-meter which registers wa-ter used by the account which does not return toWSSC as wastewater. Such use is therefore ex-empt from sewer charges. (See WSSC 3.25.160.)(CUS 99-02 § 3.1)

Accounts with more than oneconnection.

Generally, WSSC establishes an account foreach metered connection. However, some ex-tremely large complexes have two or more me-tered connections, yet just one account. The addi-tional metered connection(s) provided the accountare intended to help ensure no disruption of serviceto the property. Such an account is billed on the

basis of the use registered by all its meters. (CUS99-02 § 3.2)

Sewer use billed based on wateruse.

Most accounts which are provided water arealso provided sewer service by WSSC. The me-tered water use of such accounts is used to billthe accounts for their sewer use as well. Meteredwater is used to bill for sewer because sewageuse cannot be as accurately measured as water usecan. Also, nearly all water provided most proper-ties is typically returned to WSSC as wastewater.Additionally, metering sewer as well as water usewould significantly increase WSSC’s costs and theprices it would be required to charge for its ser-vices. (CUS 99-02 § 3.3)

Billing frequency.Depending on the amount of water used by an

account, its meter is read and its water/sewer usebilled quarterly or monthly. Currently, accountswhose average water use is typically at or above5,000 gallons a day are billed monthly. All otherproperties are billed quarterly. However, proper-ties whose water use is not continuous throughoutthe year, commercial swimming pools, for exam-ple, are billed semiannually. (CUS 99-02 § 3.4)

Rate structure.WSSC uses a 16-step rate structure to bill ac-

counts for their water and sewer use, in incrementsof 1,000 gallons of usage. The rates applicable toeach step are included in WSSC’s currently ap-proved budget document. The specific rate usedto bill an account is based strictly on its averagedaily consumption (ADC). The rate warranted byan account’s ADC is applied to all water and sewerused by the account during the billing period. Anaccount’s ADC is determined by dividing its totalwater use during the billing period by the numberof calendar days in the billing period. (The latteris the number of calendar days which have elapsedsince the account’s meter was last read.) (CUS99-02 § 3.5)

Method for billing certain multi-unit properties.

A. Purpose. To describe the method by whichWSSC shall bill certain multi-unit properties.

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B. Background/History. WSSC has historicallybilled multi-unit residential properties such asapartment buildings utilizing a “unit count”method. The purpose of the “unit count” billingmethod, as set forth in Standard Procedure (SP)CUS 99-02, Section 3.6, and its predecessors, wasto provide consistency with the way that WSSCbills single-family residential properties. While thepolicy has not heretofore addressed billing formulti-unit properties that contain both residentialand commercial units, WSSC recognizes that therehas been a trend in the building industry in someareas of the Washington Suburban Sanitary Dis-trict towards “mixed-use” multi-unit propertiesthat contain a majority of residential units as wellas one or more commercial units such as a conve-nience store, dry cleaner, or restaurant. This pol-icy shall now specifically address the methods bywhich WSSC will bill “mixed-use” multi-unitproperties as well as multi-unit residential proper-ties.

C. Definitions.“Commercial unit” means a unit that (1) does

not meet the definition of residential unit and (2)whose principal purpose is transacting for-profitbusiness with the public.

“High-flow commercial unit” means a com-mercial unit whose flow, on average, is greaterthan the flow of the average residential unit as cal-culated based on the flow factors set forth in theWSSC Pipeline Design Manual (WSSC Chapter11.130). (See subsection F of this section for thelist of high-flow commercial units.)

“Mixed-use multi-unit property” means amulti-unit (two or more) property containing a ma-jority of residential units and at least one commer-cial unit.

“Multi-unit commercial property” means amulti-unit (two or more) property containing allcommercial units.

“Multi-unit residential property” means amulti-unit (two or more) property containing ei-ther all residential units, or a majority of residen-tial units and one or more not-for-profit units.

“Not-for-profit unit” means a unit that (1)does not meet the definition of residential unit, (2)whose principal purpose is to benefit the residentsof the property (including but not limited to an ad-ministrative office, club house, or fitness center,

laundry or storage room), and (3) is not ordinarilyused by the public for payment of a fee or to trans-act business.

“Residential unit” means a unit that (1) con-tains at least one bathroom and one kitchen and (2)is used exclusively as a place of residence pursuantto a deed or lease agreement.

D. Policy.1. Multi-Unit Residential Properties. To en-

sure consistency with how WSSC bills a single-family or town house property, the average dailyconsumption (ADC) used to bill a multi-unit resi-dential property shall be determined by dividing itstotal water use by number of calendar days in thebilling period, by the total number of occupied res-idential units served by the property’s meter. Cus-tomers seeking the adjustment will be required tocertify as to the number of occupied residentialunits when the ADC drops significantly; typically,at least 40 percent less than normal usage.

2. Mixed-Use Multi-Unit Properties. Theunit count method of billing set forth in subsectionA of this section was originally intended to applyto multi-unit residential properties only. WSSCrecognizes, however, that the use and/or size ofmany of the commercial units that share a watermeter with the residential units at the propertyis such that the commercial units utilize equal orlesser amounts of water, on average, than the typ-ical residential unit. Therefore, in consideration ofthis, mixed-use multi-residential properties shallbe billed as follows:

a. No High-Flow Units Present. If theproperty contains no high-flow commercial units,then the ADC used to bill a mixed-use multi-unitproperty shall be determined by dividing its totalwater use by number of calendar days in the billingperiod, by the total number of occupied residentialunits served by the property’s meter. Customersseeking the adjustment will be required to certifyas to the number of occupied residential unitswhen the ADC drops significantly; typically, atleast 40 percent less than normal usage.

b. One or More High-Flow Units Present.If the property contains one or more high-flowunits, then the property shall not be eligible for theunit count billing as set forth in subsection A ofthis section unless and until the high-flow unit orunits are separately metered. “Separately metered”



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3.25.110

3.25.120

means that a separate WSSC water meter is in-stalled at the individual high-flow unit to measurethat unit’s flow or a WSSC “master” meter is in-stalled to register the flow of two or more high-flow units.

3. Multi-Unit Commercial Properties. Multi-unit commercial properties are not eligible for unitcount billing.

E. Request for Waiver from High-FlowCommercial Unit Designation. A mixed-use multi-unit customer may request a waiver from the des-ignation of a commercial unit as “high-flow” bysubmitting a waiver application. The CustomerCare Team Chief may grant a waiver upon a find-ing that the specific circumstances surrounding thecharacteristics and/or use of the commercial unitare such that the flow factor should be equal to orless than the flow of an average residential unit.The Customer Care Team Chief may place condi-tions on the grant of the waiver. The decision ofthe Customer Care Team Chief may be appealedto the General Manager/CEO, or designee, whosedecision shall be the final WSSC decision on therequest for waiver. (See Appendix B☰ for a copyof the waiver application.)

F. Listing of High-Flow Commercial Units.1. Assembly hall/community center.2. Auto dealership.3. Bakery.4. Beauty salon/nails/spa.5. Car wash (automatic or self serve).6. Carry-out.7. Church.8. Hotel/motel/inn.9. Laundry/dry cleaner.10. Laundromat.11. Laboratory/office facility.12. Library.13. Nursing home/hospital.14. Pool.15. Racket club/tennis club/gym.16. Restaurant.17. Service station/repair garage.18. Supermarket/market.19. Theater. (Amended during 2019 codifi-

cation; CUS 11-01)

Multi-unit residential propertieswith multiple connections.

Some multi-unit residential properties have sev-eral metered connections and therefore, several ac-counts. In such cases each account’s ADC is de-termined by dividing its total consumption, by thelength of the billing period, by the number of unitsserved by the account’s metered connection. How-ever, some multi-unit residential properties withmultiple connections are unusually plumbed; someof their units are served by two connections. Forexample, some units may receive their cold waterthrough one connection and their hot waterthrough another connection. In such cases, theproperty owner or manager may request that theunits used to determine each account’s ADC be de-termined by multiplying the property’s total num-ber of units by the percentage that each account ac-counted for of the property’s total water use duringthe prior WSSC fiscal year. Subsequently, everythree years the property’s unit distribution will bemodified to reflect any changes which have oc-curred in any account’s relative water use. (CUS99-02 § 3.7)

Exemptions, special rates.Some accounts are exempt from any water and

sewer use charges. Other accounts are billed foronly some of their water and sewer use, or all theiruse but at rates different from those included inWSSC’s normal rate structure.

Properties owned and operated by the followingagencies or municipalities are exempt by law orformal agreement from any water and sewer usecharges:

A. A fire department or rescue squad recog-nized by Prince George’s or Montgomery County,as defined in the Public Utilities Article,§ 25-507(c), Annotated Code of Maryland.

B. The city of Hyattsville.C. The city of Mount Rainier.Charitable institutions as defined by the Public

Utilities Article, § 25-506, Annotated Code ofMaryland, are billed for all water and sewer use,except for 100 gallons of water and sewer use aday for each resident of the institution.

Maryland-National Capital Park and Planningaccounts which include public drinking fountainsare by formal agreement billed for all use, exceptfor 5,000 gallons of water and sewer use each


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3.25.130

quarter, for each fountain. Also, by formal agree-ment WSSC provides supplemental water to thecity of Rockville and Howard County at rates stip-ulated by the agreements. (Amended during 2019codification; CUS 99-02 § 3.8)

Estimated bills.A. Inaccessible Meter. Depending on its ADC

(see WSSC 3.25.080), WSSC attempts to readeach account’s meter(s) monthly or quarterly.WSSC is usually able to secure a reading frommost of its meters. However, periodically a metercannot be read because it is inaccessible. The me-ter is typically located inside a residential propertyand has no outside remote, or the remote may beinoperable. WSSC will leave a card at the prop-erty requesting that the customer read the meterand report the reading by either calling WSSC orcompleting and returning the card to WSSC. If noreading is received from the customer within sevenworkdays, WSSC will render the customer an es-timated bill to ensure continued quarterly billing.The estimated bill will be based on the ADC ofthe bill provided the customer during a comparableperiod, one year earlier. If, however, the customerwas also provided an estimated bill during a com-parable period one year earlier or the account isa relatively new one, the estimated bill will bebased on the customer’s historical ADC. An ac-count served by more than one meter or by a multi-dial meter is also estimated on the basis of thecumulative ADC. Periodically, in the event of pro-longed emergency weather conditions, WSSC mayalso be required to estimate the bills of accountswhich are overdue for billing to ensure timelybilling of all such accounts.

When an estimated bill has been rendered,WSSC will secure a reliable reading of the cus-tomer’s meter as soon as is practical. However,often a reliable reading cannot be made until theaccount’s next scheduled billing. Therefore, a cus-tomer is required to pay an estimated bill in atimely fashion (see WSSC 3.25.140). When a reli-able reading is secured, the customer is provided abill covering actual water and sewer use since thelast “actual” bill was rendered, including the timecovered by the estimated bill. The new bill willcancel all charges included on the estimated bill,but credit the customer for any estimated bill pay-ment.

A bill which has been estimated because the ac-count’s “inside” meter is not effectively remotedand cannot be accessed will include a special mes-sage. The customer will be requested to read themeter, and report the reading to WSSC, or contactWSSC to schedule date and time when access tothe property can be provided for a reading. If thecustomer does not respond within 10 calendardays, another meter reading request will be mailedby WSSC. If the customer does not respond tothe second request, and the recent estimated billrepresents the customer’s second consecutive es-timated bill, two or more off-hour visits will bemade to the property in an effort to secure a read-ing of the inside meter. If a reading still cannot besecured, the customer will be informed by letterthat because state law precludes WSSC from ren-dering a third consecutive estimated bill, the cus-tomer must call to arrange a time to allow WSSCaccess to the property. If the customer again doesnot respond, the customer will be informed by cer-tified mail that unless WSSC is provided accessto the property, water service will be discontinuedor “turned off.” (WSSC will promptly replace the“unremoted” inside meter of any customer who re-quests such action.)

B. Low Use Reading. An estimated bill willsometimes be rendered, even if a reading has beenmade of a customer’s meter. WSSC will do so ifthe verified reading reflects an ADC well below(roughly more than 40 percent below) that typi-cally averaged by the customer, the meter has beeninstalled over 10 years, and no change has oc-curred in the property’s occupancy or householdsize that would account for the dramatic decreasein the property’s water use. An estimated bill isrendered because the meter may not reflect all wa-ter used by the property. (A meter’s registration ac-curacy will sometimes deteriorate, especially as itages, causing the meter to under register.)

If a bill was initially estimated because a read-ing made of the meter indicated relatively low wa-ter use, and a subsequent reading again reflectsrelatively low use, and no change is evident in theproperty’s occupancy or household size, WSSCwill promptly replace and test the meter. If the me-ter is found to be under-registering, another esti-mated bill will be rendered through the date themeter was replaced. If the meter tests accurately



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3.25.140

3.25.150

3.25.160

3.25.170

3.25.180

3.25.190

3.25.200

the property will be billed on the basis of its actualmetered use through the meter change date. (CUS99-02 §§ 3.9 – 3.13)

Payment, late fees.A WSSC bill is due and payable upon receipt.

If full payment of a monthly bill rendered to otherthan a county, state or federal agency is not re-ceived by WSSC within 20 calendar days follow-ing WSSC mailing, the unpaid balance is subjectto a five percent late payment fee. If full paymentof a quarterly bill rendered to other than a county,state or federal agency is not received within 30calendar days of mailing, the unpaid balance issubject to a five percent late payment fee. Each billindicates the date that the bill’s unpaid balance issubject to a late fee. However, WSSC will actu-ally assess a late fee only if full payment is notreceived within three business days following thebill’s late fee assessment date, to allow for delayedpost office delivery of the bill payment. Bills ren-dered to a county, state or federal agency shall besubject to late payment fees to the extent autho-rized by law. (CUS 99-02 § 3.14)

Returned check.If a check received as payment for a water and

sewer bill is returned by a bank, the account willbe billed a returned check charge in accord withWSSC’s schedule of fees and charges. The cus-tomer will also be informed that only a certifiedcheck, money order or cash will be accepted aspayment for water/sewer bills rendered during thesubsequent six months. (CUS 99-02 § 3.15)

Sub-meters.A customer will be billed water and sewer use

charges at the applicable ADC rate (see WSSC3.25.090) for all metered water use. If, however,the account has a sub-meter(s), the customer willbe billed sewer charges for the sewer use repre-sented by the difference between the main meterregistration and that of the sub-meter(s), at a rateapplicable to the average daily sewer use duringthe billing period. (The latter is determined by di-viding the total sewer use by the length of thebilling period.) (CUS 99-02 § 3.16)

Account maintenance fee.WSSC’s monthly and quarterly bills will also

include an account maintenance fee. This fee cov-ers the costs of certain customer services like pur-chasing, reading, and maintaining water metersand generating, mailing and collecting bills whichare not covered by water and sewer use charges.The fee is based primarily on the size of the mainmeter serving the account. The current fees arelisted in WSSC’s approved budget document.(CUS 99-02 § 3.17)

Billing to tenant – Ownerresponsible.

WSSC provides service to properties whetherowner or tenant occupied. Also, WSSC will di-rectly bill a tenant, unless requested not to do soby the owner. However, property owners are bystate law ultimately responsible for the paymentof all water and sewer bills, including any billsleft unpaid by the tenant, unless WSSC has failedto discontinue service to the property in a timelymanner (see WSSC Chapter 3.20). Any delinquentbill notice sent to a tenant will automatically beprovided any identified owner. An owner can alsorequest that he/she receive a courtesy copy of alltenant billings, and that a tenant not be providedany additional time to pay any delinquent bill be-yond the date that the property’s service wouldnormally be turned off for bill nonpayment (seeWSSC 3.25.250). If an owner requests that he/shebe directly billed for service provided a tenant-oc-cupied property, a courtesy copy of the bill willbe sent to the service address, as required by statecode. (CUS 99-02 § 3.18)

Water-only accounts.While WSSC provides both water and sewer

service to most properties, some are provided onlysewer or only water service. Properties which areprovided water by WSSC but which rely on theirown septic systems to dispose of their wastewaterwill have their water use metered by WSSC. Theyare charged only water use charges on the basis oftheir ADC and WSSC’s current rate structure, plusan account maintenance fee. (CUS 99-02 § 3.19)

Sewer-only accounts.Residential properties which are connected to

the WSSC’s sewer system but rely on a private


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3.25.210

3.25.220

3.25.230

3.25.240

3.25.250

well for their water supply are charged a standardflat sewer rate. The rate is recalculated annuallybased on the average ADC for all single-familyhomes during the past three fiscal years, the sewerrate applicable to that ADC and the number ofcalendar days in an average quarter. (The currentrate is included in WSSC’s approved budget doc-ument.) If the water well connection of a sewer-only property can, however, be practically meteredby WSSC, its sewer charges will be based on itsmetered water use, its actual ADC and WSSC’scurrent rate structure. The latter, metered sewer-only accounts are also charged account mainte-nance fees. (CUS 99-02 § 3.20)

Help for needy customers.WSSC offers help to customers who have dif-

ficulty making timely bill payments. For example,if a customer has not received a turn-off notice inthe past year, WSSC will, if requested, delay theassessment of a late payment fee for seven cal-endar days. Also, if all prior bill payments havebeen made, WSSC will, if requested, delay forseven calendar days mailing a turn-off notice. Ifthe delinquent bill has already been made the sub-ject of a turn-off notice, and additional time hasnot previously been provided on the bill, WSSCwill, if requested, delay suspending service to theproperty for seven additional calendar days.WSSC also offers weekly, biweekly and monthlypayment plans on current bills. Such plans, how-ever, will normally require that the current bill bepaid in full before the next bill is scheduled tobe generated. WSSC also regularly solicits cus-tomer contributions to its water fund. Needy cus-tomers can contact their local Salvation Army of-fice which administers the fund for WSSC to de-termine their eligibility for fund assistance in pay-ing water/sewer bills. WSSC offers bill adjust-ments in a variety of circumstances, includingwhen a customer has incurred a particularly highbill (see WSSC Chapter 3.20). (CUS 99-02 § 3.21)

Appeals.Customers may formally appeal an unpaid bill

to a Dispute Resolving Board composed of threeWSSC customers (see WSSC Chapter 3.15). Fi-nally, by state law, customers may request a formalrefund hearing with a Commissioner on any billwhich the customer disputes but has paid within

three years of the customer’s written refund re-quest. (CUS 99-02 § 3.22)

Meter testing.WSSC will test the meter of any customer who

questions its accuracy, requests such a test, andagrees to reimburse WSSC for its testing costs ata fee provided under WSSC’s schedule of fees andcharges. The test will be conducted in accord withAmerican Water Works Association (AWWA) andmay be witnessed by the customer. If the test in-dicates the meter registered more water than thetotal amount of water which was actually passedthrough the meter and which is permitted underapplicable AWWA standards, the test fee will bewaived or refunded, and the customer’s bill will beappropriately adjusted. If the meter is under reg-istering, the testing fee will remain as assessed;however, the customer will not be “backbilled”for the unregistered water/sewer use. (CUS 99-02§ 3.23)

Water main maintenance –Temporary service.

Periodically, WSSC is required to temporarilydiscontinue use of water mains to perform requiredmaintenance. WSSC will, however, continue toprovide service to the affected property through atemporary main and the property’s outside metersetting or hose bib. If billed quarterly, the tempo-rary service is provided at no costs to the prop-erty. If billed monthly, the property is charged forthe temporary service on an estimated basis. (CUS99-02 § 3.24)

Article III. Specific Collection Procedures

Overdue bill – Notice.A customer whose bill has been the subject of a

late fee but who has not been assessed a prior latefee within the past 12 months will be provided anotice simply reminding the customer of the over-due bill. If the customer’s payment has not beenreceived, or payment arrangements have not beenmade, within 10 calendar days following the re-minder notice, a turn-off notice is provided thecustomer. The notice will indicate that water ser-vice to the property will be suspended or turnedoff 10 calendar days following the date of the no-tice, if payment has not been received or payment



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3.25.260

3.25.270

3.25.280 3.25.290

arrangements have not been made by the indicatedturn-off date. A customer whose bill has been thesubject of a late fee and who has been assessed an-other late fee within the past 12 months, will beinitially sent a turn-off notice, 10 calendar daysfollowing the date the bill has been assessed a latefee. (CUS 99-02 § 4.0)

Courtesy call.If a customer fails to respond to a turn-off notice

and WSSC has been provided the customer’sphone number, an automated courtesy call will bemade reminding the customer of the delinquentbill and the imminent service suspension. Cus-tomers who respond to such calls will generally begiven appropriate additional time to make delin-quent bill payments before service will be sus-pended. If full or partial payment is, however, notmade at the end of the additional days provided,the property will be turned off. If a customer whohas been provided bill payment arrangements,misses scheduled payment, the arrangements areautomatically canceled, the full delinquent amountbecomes due (actually overdue), and the propertyis scheduled for turn-off. (CUS 99-02 § 4.1)

Service turn-off.How soon a property scheduled for turn-off will

actually be turned off depends on several factorsincluding chiefly, the amount/age of the delinquentbill and whether the occupant is a tenant or owner.Generally because of the liability WSSC may haveto assume for portions of unpaid tenant bills (seeWSSC 3.20.030(E)), tenant-occupied propertieswill be turned off before those occupied by own-ers. To help ensure the safety and security ofWSSC employees required to turn off properties,they are not permitted to accept bill payments fromany customers. (CUS 99-02 § 4.2)

Service restoration.A. Payment Required. A customer whose ser-

vice has been turned off will not have service re-stored until after WSSC receives full payment ofthe delinquent bill and a fee assessed (in line withWSSC’s schedule of fees and charges) to coverWSSC’s costs to initially turn off and subsequentlyturn on the property. How soon a property’s ser-vice will be restored relates to how early duringa workday WSSC receives payment of the delin-

quent bill. If payment is received before 5:00 p.m.,service will generally be restored the same day.Otherwise, service will be restored the followingworkday.

B. Notice. To ensure that no water damage willoccur as a result of water service being restored toa property whose occupant has unknowingly leftturned on one or more faucets, the WSSC repre-sentative will notify the occupant upon arrival atthe property of plans to restore service. If the prop-erty is unoccupied, service will not be restored un-less or until the customer has provided WSSC witha signed release of liability. (When a property isinitially turned off, the customer is provided a re-lease of liability form and encouraged to completeand return the form with the delinquent bill pay-ment.)

C. Illegal Restoration. Properties which havebeen turned off for nonpayment of delinquent billswill be checked periodically to ensure service tothe property has not been restored. If service hasbeen illegally restored to the property, the propertywill again be turned off, assessed another turn-offfee, and the occupant will be warned that a re-peat occurrence will result in WSSC’s issuance ofa formal civil citation. If installed outside the prop-erty, the meter will also be removed. If the metercannot be removed, a lock will be placed on thecurb box serving the property. Properties whoseservice has been found to be illegally restored willbe charged for all water and sewer use on the basisof their metered use, or if the meter has been re-moved, on an estimated basis. Such properties willalso be more frequently monitored to ensure ser-vice remains turned off. If the property is againfound to have been illegally turned on, a represen-tative of the Office of Security and Safety Serviceswill visit the property to determine if a civil cita-tion should be issued. (CUS 99-02 §§ 4.3 – 4.5)

Customer filing for bankruptcy.When notified that a customer has filed for

bankruptcy protection, WSSC will immediatelydiscontinue any efforts to collect bills rendered be-fore the bankruptcy filing, pending court action onthe petition. Service will also be continued, or ifsuspended, will be restored. However, if the cus-tomer has previously filed for bankruptcy protec-tion, or illegally restored water service, or has adelinquent bill balance in excess of $1,000, ser-


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3.45.0103.45.020

3.45.010

3.45.020

vice will be continued beyond 20 calendar daysonly if the customer deposits with WSSC moniessufficient to assure payment of bills rendered forservice provided after the bankruptcy filing. Thedeposit required will equal the sum of the twolargest bills rendered during the past 12 months.The deposit must be cash, money order or certifiedcheck. To avoid loss of service, the deposit mustbe received by WSSC within 20 calendar daysfrom the date that the customer has been requestedto provide the deposit.

Deposits will be refunded with interest follow-ing 12 months of timely bill payments. If the bank-ruptcy petition is dismissed or withdrawn, the de-posit, minus any delinquent balance on the ac-count, will be promptly returned to the customer.Deposits with interest will also be promptly re-funded if the customer vacates the property andhas paid all bills covering service to the property.(CUS 99-02 § 4.6)

Subtitle III. Customer Service

Chapter 3.45

FIRE HYDRANT METER LEASEPROGRAM

Sections:General policy.Procedures.

General policy.As a service to its customers, the Washington

Suburban Sanitary Commission will allow tempo-rary connections to be made to WSSC fire hy-drants for the use of its customers whose needscannot be met through regular metered water ser-vice connections. This service is intended to pro-vide for such uses as filling swimming pools andtank trucks, landscaping, construction sites, etc. Ahydrant use permit will be issued to individualsor businesses able to demonstrate to the Commis-sion’s satisfaction that the intended use does notcircumvent requirements for obtaining a regularpermanent service connection, and that the pro-posed connection provides adequate backflow pro-tection to prevent water system contamination. Aspecial water meter with fire hydrant attachmentaccessories will be issued to the permittee. Thepermittee will be responsible for any damage thatoccurs to the meter, its accessories, or the fire hy-drant. The permittee will be required to provide adeposit at the time the meter is issued, and will becharged for the water used as well as all applica-ble service charges or repair costs when the meteris returned. If backflow protection equipment is re-quired, the cost and means of providing such pro-tection shall be the responsibility of the permittee.(M&O 92-01)

Procedures.A. All Permit Holders.

1. Fire hydrant use permits may be appliedfor at WSSC’s Meter Services Division or any lo-cation as stated in subsection (A)(9) of this sec-tion. The Section Office hours of operation forleasing fire hydrant meters are 7:00 a.m. to 12:00p.m. and 12:45 p.m. to 3:00 p.m., Monday throughFriday, except for Commission observed holidays.



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2. Meter Maintenance will require individu-als who request a fire hydrant use permit to com-plete a permit application. If the individual rep-resents a business, the individual must produce aletter, on company stationery, signed by a com-pany official stating that he or she is authorized tosign the permit application. The letter must statethe intended use of the hydrant and include thenames of any chemicals or additives the applicantplans to use in connection with its proposed firehydrant use. The individual must also produce per-sonal identification, e.g., driver’s license. If theindividual represents another person, the require-ments regarding presentation of an authorizationletter and personal identification are the same asabove.

3. Meter Maintenance will review the appli-cation and accompanying letter to determinewhether a permit should be issued, for how longthe permit should be issued, what size metershould be issued, and whether the permit holderwill be allowed to attach the meter directly toWSSC hydrants or be required to mount the meteron a vehicle.

4. If the applicant’s intended use is deter-mined not to be temporary, the applicant will bereferred to the proper Commission office to applyfor a normal service connection.

5. If the applicant’s intended use is deemedto be temporary but appears to require backflowprotection measures, the applicant will be referredto the Commission’s Code Enforcement Section.If backflow prevention equipment is required, theCode Enforcement Section will provide informa-tion about the type of equipment necessary. Writ-ten authorization from the Code Enforcement Sec-tion certifying the applicant’s compliance with thebackflow protection requirements will be requiredbefore the fire hydrant meter will be issued. Ifbackflow protection equipment is required, thecost and means of providing such protection shallbe the responsibility of the permittee. Also, the in-stallation of such equipment may be required priorto the issuance of a fire hydrant meter.

6. Permits will be issued for a period not toexceed six months.

7. Applicants who plan to use hydrants to filla tanker truck, a tank mounted on a trailer or anyother type of mobile unit will be issued a special

permit which will require that the WSSC meter bemounted on their vehicles. (See subsection B ofthis section, Tank Truck (Special) Permit Holders.)

8. Applicants whose hydrant use applica-tions are approved will, before being issued a firehydrant meter, be required to provide Meter Main-tenance with a deposit of $150.00 for a three-quar-ter-inch meter or $700.00 for a three-inch meter.Personal checks for the deposit will be acceptedunder the following conditions: the individual orbusiness applying for the permit has an establishedaccount with WSSC, the account has been activefor a minimum of three years, and the paymenthistory of the account indicates no bad checks fora three-year interval immediately prior to the per-mit application. Applicants who do not have anestablished account, or do not satisfy all of theseconditions, must supply the deposit in the form ofa money order, certified, cashier’s or treasurer’scheck.

9. Applicants may apply for a fire hydrantuse permit, pick up a hydrant meter and wrench, orreturn the meter and wrench, at the Meter ServicesDivision, 4102 Lloyd Street, Hyattsville, Mary-land; or at the WSSC Warehouse at the appropriatelocations.

10. During the term of the permit, the me-ter’s registration (reading) must be reportedmonthly to Meter Services by emailing [email protected] or faxing (301)206-4247 at any hour. Also, meter registrationproblems must be immediately reported to MeterServices at (301) 206-4264, press 6, during normaloperating hours.

11. When operating WSSC fire hydrants andusing the hydrant meter, permit holders are re-quired to abide by all conditions listed on the per-mit. Failure to do so will result in deposit for-feiture, permit revocation, and hydrant meter re-trieval.

12. On or before the permit expiration date,the hydrant meter and accessories must be returnedto the Meter Maintenance Section or other WSSCwarehouse locations. Upon return of the meter andaccessories, a $75.00 service charge, water con-sumption charges at the prevailing rate per 1,000gallons of water registered, late charges, and thecosts of any repairs required to the meter or ac-cessories will be assessed and deducted from the

3.45.020 FIRE HYDRANT METER LEASE PROGRAM

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tel:301-206-4264

3.50.0103.50.020

3.50.010

3.50.020

deposit. (A minimum fee equal to 10 percent ofthe deposit will be charged for water consumption.This fee will be charged even if no water is con-sumed to discourage leasing the meter without us-ing it.) The balance of the deposit will be remittedto the permit holder within about two weeks of thereturn of the meter. If the service charge and waterconsumption charges exceed the deposit amount,the permit holder will be billed for the difference.

13. Other fees and conditions apply to thelease of the meter and are contained in the firehydrant meter permit and lease agreement. Leaseapplicants are cautioned to familiarize themselveswith all terms of the lease.

B. Tank Truck (Special) Permit Holders.1. Applicants which plan to use a fire hy-

drant meter to fill a tanker truck or other mobileunit will be required to mount the WSSC meter ina horizontal position on their vehicles, in a mannerwhich will secure the meter to the vehicle but al-low removal of the meter. The vehicle must also beequipped with a permanently installed filler pipeprotected by a six-inch air gap. (See attachedsketch☰.)

2. Special permit holders must have the me-ter installation and vehicle’s filler pipe inspectedby the Meter Maintenance Section at its LloydStreet location within two weeks of the meter is-suance date. Failure to do so will result in forfei-ture of the deposit, cancellation of the permit, andretrieval of the hydrant meter. Following inspec-tion of the meter installation and filler pipe, MeterMaintenance will affix to the vehicle a sticker at-testing to the vehicle owner’s hydrant connectionpermit.

3. Special permit holders must fill their vehi-cles through the meter and filler pipe.

4. Firms which plan to use hydrants to fill atanker truck or other mobile unit, but which areunable or unwilling to mount the meter on theunit and equip the unit with a filler pipe and airgap, will be issued an alternate permit which willrestrict the firm’s use of WSSC hydrants to sixhydrants specially protected by a backflow pre-vention device. (Amended during 2019 codifica-tion; M&O 92-01)

Chapter 3.50

LEAK ON PROPERTY

Sections:Purpose.Procedure.

Purpose.To provide guidelines and procedures for the

notification, follow-up, and elimination of serviceleaks on property. (W 8.0 § I)

Procedure.A. The leak is determined to be on property.

The pink door hanger☰ will be left, with the dateof inspection written in at the top. The Inspector,Crew Chief, or Supervisor should ensure that thedoor hanger is left secure, so as not to be blownaway.

B. Should the Inspector, Crew Chief, or Super-visor determine that the leak is causing damage toprivate/public property, or is causing a hazardouscondition, he/she will turn the water off and markthe appropriate box.

C. The Facilities Maintenance Division will re-view all leak work orders on a daily basis and fol-low up with a letter to the customer advising themagain that they have 15 days from the date of in-spection to make repairs. The letters will be sentout based on the reports given to the radio room; itis very important that these reports be accurate andspecific.

D. Each letter will be followed up on to ensurethat repairs are made in a timely manner. If pos-sible, calls will be made to the occupants on thefourteenth or fifteenth day to determine if anywork has been done.

E. If no notification is received that repairshave been made, a work order will be generatedfor a follow-up inspection. Should the inspectorfind there is still a leak, the water will be turnedoff and the appropriate box on the door hangermarked.

F. If the location of the leak cannot be deter-mined (on or off property), the leak detection crewwill provide assistance. The Inspection SectionContract Managers should be contacted for assis-tance. (Amended during 2019 codification; W 8.0§ II)



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https://municipal.codes/MD/WSSC/Code/Media/MO9201.pdf#page=5

https://municipal.codes/MD/WSSC/Code/Media/W80.pdf#page=2

3.55.0103.55.0203.55.030

3.55.010

3.55.020

3.55.030

Chapter 3.55

MAINTENANCE PROCEDURES FORSEWER GRINDER PUMPS

Sections:Purpose.Responsibility.Procedure.

Purpose.To establish a procedure wherein all service re-

quests for maintenance on sewer grinder pumpswill be handled in an organized and like manner.(M 93-03 § I)

Responsibility.A. There are two limits of WSSC maintenance

responsibility for the plumbing and electrical por-tion of the systems. The first limit pertains to theWSSC grinder systems in the special service areaswhich are listed on Attachment No. 1. On-sitegrinder pumps are shown on Attachment No. 2.The house connection records for the houses inthese areas will identify them as grinder pump sys-tems maintained by the Commission. Usually, theWSSC maintenance responsibility for the plumb-ing portion of the system will start with the houseside of the ball valve located next to the grinderpump as shown on attached Sketch No. 1. The re-sponsibility for the electrical portion will start withthe pump sub-panel as shown on attached SketchNo. 2. All plumbing and electrical on the houseside of these points will be the responsibility of theproperty owner.

B. The second limit of WSSC maintenance re-sponsibility pertains to all other grinder pump sys-tems. The WSSC maintenance responsibility forthe plumbing portion of the system will start at thehouse side union by the check valve at the prop-erty line as shown on Standard Detail PS/1.1. TheCommission does not maintain any of the electri-cal system on these grinder pump systems. Theproperty owner is responsible for the entire electri-cal system and the plumbing systems on the houseside of the check valve at the property line.

C. All work required on grinder pumps or theelectrical portion of the installation in the specialareas in subsection A of this section will be ac-complished by the Facility Maintenance Division.

Work required to the piping will be accomplishedby the Utility Services Department as outlined inthe above responsibility limits. (Amended during2019 codification; M 93-03 § II)

Procedure.A. A call from a homeowner reporting a prob-

lem with a grinder pump installation in the systemin WSSC 3.55.020(A) will come into the Emer-gency Service Center on 206-4002. Any problemsin the system in WSSC 3.55.020(B) will be dis-patched to a Systems Maintenance inspector to de-termine if it is an on-site or Commission problem.The Emergency Service Center personnel knowwhere the grinder pumps are installed as indicatedon the maintenance record (history) for each ad-dress. Additional information indicating an ad-dress is served by a grinder pump and maintainedby WSSC can be found in the computer files. Withthis information, the Customer Information Repre-sentative or Radio Dispatcher would be aware thatthe house is served by a grinder pump, and theywill generate a work order for necessary action.

B. On weekdays, between 7:00 a.m. and 3:00p.m., the Emergency Service Center will call theappropriate Facilities Maintenance Division zoneoffice and relay the information to either the Su-pervisor, the clerk, or the technician in charge.Between 3:00 p.m. and 11:00 p.m., the Radio Dis-patcher will call all jobs to the Facilities Mainte-nance Division. Jobs received during these timeperiods will be handled the same day.

C. If there is no response from the zone office,the Supervisors may be reached via two-way radioor pager.

D. Jobs received between 11:00 p.m. and 7:00a.m. Sunday through Thursday will be heldovernight in the Emergency Service Center andgiven to the appropriate Facilities MaintenanceDivision Zone Supervisor by the Radio Dispatcherno later than 7:15 a.m. the next morning so thatthey can properly assign the jobs. Notification pro-cedure is the same as in subsections B and C of thissection.

E. On weekends and holidays, the Radio Dis-patcher will call all of these jobs to the FacilitiesMaintenance Division.

F. The Customer Information Representative orRadio Dispatcher will note in the dispatch sectionof the computer work order:

3.55.010 MAINTENANCE PROCEDURES FOR SEWER GRINDER PUMPS

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3.60.0103.60.0203.60.030

3.60.010

3.60.020

1. The date.2. Who was called.3. The time of the call.4. Their name.5. Any pertinent comments.The first copy of the work order will be filed

by the Radio Room Supervisor until the completedreport is received. The second copy will be sent tothe Facilities Maintenance Division Zone Supervi-sor as a confirmation copy.

G. The Facilities Maintenance Division crewresponding to the trouble call will notify the home-owner when he has arrived at the site and when thejob is complete and pump is back in service. If noone is home, a note will be left at the front doornotifying the homeowner that the job has beencompleted, could find no problem, could not gainentry, call back, etc.

H. The crew will call the Emergency ServiceCenter and advise what was done and if the jobis complete. If additional work is required by Sys-tems Maintenance, the Facilities Maintenance Di-vision crew will call on the radio requesting theadditional work to be performed, such as cleaningsewer service line, cleaning main line sewer, leakin the street, sewer odor, etc.

I. The Facilities Maintenance Division crewperforming the work will fill out their FacilitiesMaintenance Division work order.

J. The Facilities Maintenance Division will at-tach a copy of the Facilities Maintenance Divisionwork order to the corresponding Maintenance Ser-vices work order copy and send it to the Emer-gency Service Center indicating the work is com-pleted. If for any reason the copy of the Mainte-nance Services work order has not been receivedby the Facilities Maintenance Division, the com-pleted Facilities Maintenance Division work orderwill be forwarded to Work Reception without de-lay without the work order copy attached.

K. The Emergency Service Center enters thedata from the work order onto the maintenancerecord (history file).

L. The Facilities Maintenance Division willkeep work history on core assemblies as to theproblem. (Amended during 2019 codification; M93-03 § III)

Chapter 3.60

WATER MAIN – OUT OF SERVICEPROCEDURES

Sections:Purpose.Systems maintenance.Radio Room.

Purpose.This chapter is written to facilitate the notifica-

tions to customers, local officials and WSSC per-sonnel for emergency water shutdowns. In addi-tion, it specifies the time limits and supplying ser-vice (water) to customers during emergency shut-downs.

This chapter is broken into two sections encom-passing the responsibility of the Systems Main-tenance field personnel and the Maintenance Ad-ministrative Support (Radio Room) personnel. (W19.0 § I)

Systems maintenance.A. A fire hydrant spigot connection will be in-

stalled for public use, as soon as possible, if theestimated duration of the shutdown will be greaterthan two hours after an emergency shutdown oc-curs.

1. Flush the fire hydrant before installing firehydrant spigot. Point the nozzle of the hydrantspigot down, and fully open the hydrant.

2. The crew installing the spigot will notifythe Radio Room of the location.

B. The repair crew will notify the Radio Roompersonnel of the expected duration of the shut-down.

C. For any jobs involving a shutdown that willgo over two hours, the Supervisor will review thesituation and determine if temporary water servicecan/should be provided to any customers.

D. Any customer involved in an emergencyshutdown that has lasted for eight hours will beprovided bottled water at or close to the repair site.The bottled water will be purchased commerciallyand WSSC will attach a decal indicating that thewater was provided by WSSC.

E. Crews will be advised of critical water cus-tomers that have urgent needs for water.



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3.60.030

Efforts will be made to provide a temporaryconnection. If a temporary water connection is notpossible, and the customer is unable (due to ill-ness, age, handicap, etc.) to go to a fire hydrantspigot connection, the Crew/Supervisor will be ad-vised by the dispatcher, and the crew will deliverwater to that customer.

F. Crews will advise the Radio Room wheretemporary pipe/hose is installed and what cus-tomers are connected.

G. If the water is not causing damage and theproper shutdown can be confirmed, leave a valveopen until the customers affected by the disruptioncan be notified and given time to collect a watersupply. If the water is causing damage to privateproperty or presenting a hazard to the public (i.e.,water flooding premises or roadways, erosion, un-dermining, etc.) make the shutdown as soon aspossible.

H. Crews will be notified by the Radio Roomof the addresses of customers that cannot bereached by phone (criteria: less than 100 cus-tomers involved in shutdown and the shutdownhas lasted over 10 hours). No calls or contactswill be made between 11:00 p.m. and 6:00 a.m.;if the notification time falls between 11:00 p.m.and 6:00 a.m., the customer is to be called as soonafter 6:00 a.m. as possible. Notifications will beupdated every 10 hours, if extended shutdown oc-curs.

I. The Radio Room must be notified by thecrew every four hours of the status of the job andgive an update of estimate of when the system willbe recharged. (W 19.0 § II)

Radio Room.A. The Radio Room Supervisor will make a

tape giving the following information:1. Shutdown duration.2. Streets involved.3. Location of fire hydrant spigot connec-

tion. General information should also be includedin this tape to indicate that the customer shouldtake containers to carry the water. In addition, wa-ter should not be stored in open containers thatmay present a drowning hazard. The water drawnfrom the hydrant is safe to drink, and can be usedfor any other purpose.

4. Location of bottled water and when avail-able.

B. Any identified critical water customer willbe contacted (when possible) prior to the shut-down. We must also check for two-inch and largermeters, D and F meters and when possible makenotification to property owners if they are not oncritical water user list. The crew will be given thename and address of any critical customers as wellas the large meter customers.

C. If a shutdown involves 100 or fewer cus-tomers, a call will be made to every customer after10 hours to advise them of the status of the joband a new estimate of service restoration. The cus-tomer will be recalled with an update every 10hours. The dispatcher will also check the Cus-tomer Service System for phone number if noneare listed in the MMIS System. No calls will bemade between 11:00 p.m. and 6:00 a.m.; if the no-tification time falls between 11:00 p.m. and 6:00a.m., the customer is to be called as soon as possi-ble after 6:00 a.m. For customers that WSSC doesnot have a phone number listing, field personnelwill be given addresses to those customers.

D. If a customer is unable (due to illness, age,handicap, etc.) to go to a fire hydrant spigot con-nection, a Crew/Supervisor will be advised by thedispatcher and the crew will deliver water to thatcustomer.

E. If a shutdown involves more than 100 ad-dresses, notification should be made to the Officeof Communications so an announcement can bemade on the radio, giving the location of fire hy-drants with water spigots and the updated informa-tion on job completion schedule and water servicerestoration.

F. A call will be made to the mayor or cityadministrator for any shutdown involving 100 ormore customers or lasts for 10 hours or more. In-formation will include extent of shutdown, briefsummary of job situation, location of temporaryfire hydrant spigot connection(s) and estimatedtime of water restoration. No calls will be madebetween 11:00 p.m. and 6:00 a.m.

G. The county health department must be no-tified of the extended shutdown duration, if foodservices are involved. (W 19.0 § III)

3.60.030 WATER MAIN – OUT OF SERVICE PROCEDURES

3-26


Title 4

(RESERVED)

4-1

5.155.65

5.85

5.905.95

5.105

Title 5

FINANCIAL MANAGEMENT

Chapters:

Subtitle I. Accounting

Debt PolicyProperty Assessments Manual

Subtitle II. Systems Development Charge

Refund of Fees or Charges Associated with the System ExtensionPermit (Developer Built) ProcessSystem Development Charge Levy and CollectionSDC Credits and Reimbursements

Subtitle III. Investments and Loans

Local Business Investment and Growth (BIG) Program

5-1

5.15.0105.15.0205.15.0305.15.0405.15.0505.15.0605.15.0705.15.080

5.15.010

5.15.020

5.15.030

Subtitle I. Accounting

Chapter 5.15

DEBT POLICY

Sections:Purpose.Definitions.Authority.Introduction and background.Regulatory guidelines.Debt issuance.Debt management policies.Administration and implementation.

Purpose.The Washington Suburban Sanitary Commis-

sion (Commission or WSSC) recognizes the needto establish a debt policy to provide parametersfor issuing and managing debt. A comprehensivepolicy will improve the quality of decisions, pro-vide justification for the structure of the debt is-suance, and demonstrate a commitment to long-term financial planning. Adherence to this debtpolicy will signal to the residents of the Washing-ton Suburban Sanitary District (“the District”), rat-ing agencies and the capital markets that the Com-mission is well managed and should meet its oblig-ations in a timely manner. (REG-FIN-FI-2015-002§ I)

Definitions.In this policy, the following term has the mean-

ing indicated:“Debt issuance” refers to a financial obligation

that allows the issuer to raise funds by promisingto repay the lender at a certain point in the futureand in accordance with the terms of the contract.Debt issues include notes, bonds, certificates,leases or other agreements between the issuer (theborrower) and lender. Debt issues, such as bonds,are issued to raise money for certain projects or ac-tivities defined at the time the obligation is made.(REG-FIN-FI-2015-002 § II)

Authority.A. The Commission is authorized to issue debt

under the Annotated Code of Maryland, specif-ically Title 22 of the Public Utilities Article

(“PUA”). This includes the nature and form ofdebt, exemption from taxation, eligible projectsfor debt proceeds, outstanding debt limits, maxi-mum debt terms, revenue sources for debt servicepayments and debt retirement, refunding provi-sions, consolidation for sale provisions, and otherguidelines.

B. The State of Maryland administers State Re-volving Loan Fund (SRF) which is a low-interestrate loan program for water quality infrastructureprojects established in 1988 pursuant to the Mary-land Water Quality Administration Act, Title 9,Subtitle 16 of the Environmental Article, Anno-tated Code of Maryland, and the Federal CleanWater Act of 1987. The SRF is currently adminis-tered within the Maryland Department of the En-vironment and leverages state debt issuances withother funding sources to enable participants to re-alize a borrowing rate at less than market levels.The SRF’s annual allocation of funding is via anapplication process, with resultant debt awards be-ing a function of the number of applicants, theamount of funding requests, and the types of pro-jects to be constructed. The State of Maryland es-tablishes rules and procedures for participation inits SRF program.

C. The Internal Revenue Service under the TaxReform Act of 1986 and related regulations, asamended, provide limits and guidance on the tax-exempt issuance of public debt and limit theamount of interest the Commission can earn frominvestment of tax-exempt bond proceeds. TheCommission may utilize forms of tax advantagedgovernmental debt created by federal legislationfrom time to time to accomplish lower debt servicecost and savings to ratepayers.

D. Federal Office of Management and Budgetcirculars prescribe the nature of expenditures thatmay be charged to federal grants. Federal legisla-tion will influence the planning and expendituresof specific projects, such as requirements for envi-ronmental impact statements for certain federallyassisted projects, and the Davis-Bacon Act, whichrequires local prevailing wage scales in contractsfor federally assisted construction projects.

E. The Securities and Exchange Commissionlimits the ability of underwriters to buy and sellbonds of bond issuers who do not provide suffi-cient disclosure to meet the requirements as de-



5-3

5.15.040

5.15.050

fined in Rule 15c2-12 of the Securities ExchangeAct of 1934 (“Rule 15c2-12”). The Commissionwill execute and deliver a continuing disclosureagreement (the “continuing disclosure agree-ment”) on or before the date of issuance and deliv-ery of bonds in order to enable the underwriters tocomply with Rule 15c2-12. It is noted that if cer-tain reportable events as defined in Rule 15c2-12occur they must also be reported during the timethe bonds are outstanding.

F. The Commission utilizes both internal per-sonnel and external consultant services to ensurethat it complies with all state and federal laws, reg-ulations, rules and guidelines for debt issuances.(REG-FIN-FI-2015-002 § III)

Introduction and background.The Washington Suburban Sanitary Commis-

sion, which serves the Washington Suburban San-itary District, will issue debt, as needed, to fundprojects included in the Commission’s capital im-provements program (CIP) and other budgetedcapital projects, such as the water and sewer re-construction programs.

Debt levels and their related annual costs areimportant long-term obligations that must be man-aged within available resources. This debt policywill be used in conjunction with the operating andcapital budgets, the CIP and other financial poli-cies. (REG-FIN-FI-2015-002 § IV)

Regulatory guidelines.A. Debt Structure.

1. As part of the Commission’s operating andcapital budget approval process, the PrinceGeorge’s County Council and MontgomeryCounty Council establish spending affordabilitylimits, which include identification of the greatestdebt service that can be realized by the Commis-sion in a given fiscal year.

Except for capital projects with dedicatedfunding sources, such as grants, appropriations,the Commission’s system development charge,etc., WSSC’s capital expenditures are funded prin-cipally with debt. Capital projects usually have along useful life and will serve future ratepayers aswell as current ratepayers. Debt issues are there-fore structured in a manner that provides for theretirement of debt that is equitable, spreading thecost of capital projects over their useful lives.

2. Projects deemed to be debt-eligibleshould:

a. Involve a long-term capital asset in ac-cordance with generally accepted accounting prin-ciples;

b. Have a useful life at least approximatelyas long as the debt issue with which they arefunded; and

c. Be ineligible for other potential revenuesources within an appropriate time frame, such asWSSC’s system development charge, governmen-tal aid, or private contributions.

B. Policy on Debt.1. Policy on Terms for Debt. The Commis-

sion’s debt typically takes the form of generalobligation bonds and notes, with the pledge ofthe levy of an unlimited ad valorem tax upon theassessable property of the Washington SuburbanSanitary District for repayment. However, sub-stantially all of the debt service on WSSC bondsand notes of the Sanitary District is paid from rev-enues that WSSC derives from its water consump-tion charges, sewage usage charges, front foot ben-efit charges and assessments and other availablefunds. Through sound financial management andthe long-term strength of the local economy, theCommission’s continuing objective is to maintainthe highest quality rating of its general obligationbonds, AAA. This top rating by national ratingagencies, enjoyed by very few local governmentsin the country, assures the Commission of a readymarket for its bonds and the lowest available inter-est rates on its debt.

To maintain the AAA rating, the Commissionadheres to the following guidelines in decidinghow much additional debt, total debt and instru-ment type should be issued.

2. General Obligation Bonds. General oblig-ation bonds are general obligations of the SanitaryDistrict that will mature no later than 40 yearsfrom the date of issuance or such later time thatmay be authorized under the PUA. The Commis-sion will structure its debt based on advice of itsfinancial advisor to enable issuance at the lowestpossible cost considering benefits and risks associ-ated with the recommended structure.

While level debt retirement (amortization)was historically the most commonly utilized struc-ture for the bonds, the Commission gives consider-

5.15.040 DEBT POLICY

5-4


ation to alternative methods of structuring debt tosupport the Commission’s capital program. Debtmay be structured with level principal, equal pay-ments or other amortization schedules which bestmeets the Commission’s financial plan. The Com-mission shall consider alternative methods ofstructuring debt retirement as (a) financial andbudgetary objectives change from time to time,(b) market conditions dictate, (c) project usefullife is considered, and (d) relevant regulations andstatutes evolve.

The bonds generally provide funding for thewater supply facilities and construction or recon-struction of major water supply lines and trans-mission mains, for sewage disposal facilities andconstruction or reconstruction of large collectionmains, and for other uses identified in the Anno-tated Code of Maryland. The bonds may also be is-sued to replace short-term bond anticipation notes.

3. General Obligation Variable Rate Notes.The use of variable rate debt allows the Commis-sion to take advantage of short-term interest rates,which are typically lower, as well as to provide in-terim financing for the water and sewer projectscomprising a portion of the Commission’s capitalprogram. The Commission has established a gen-eral obligation multi-modal bond anticipation noteprogram (the “BANs”) whereby the notes maybear interest in a weekly mode, a daily mode, acommercial paper mode, a term-rate mode, or afixed-rate mode. In deciding to utilize this noteprogram, the Commission shall consider marketconditions, funding needs, the level of variablerate debt outstanding, and other relevant issueswhen determining in which mode the notes will beinitially issued, and reserves the right to convert toa different mode if market conditions change. His-torically, the Commission has utilized the weeklymode.

The principal of the BANs is amortized as ifthey were bonds, with associated debt service uti-lizing the same revenue sources as bonds. BANsare also payable from the proceeds of the long-term water supply bonds, sewage disposal bondsand general construction bonds of the District.When replaced with bonds, the life of the bond is-sue is adjusted to complete the life of the BANsfrom its original issuance, based on the Commis-sion’s policy on the life of its bonds. For example,

if a BAN was issued five years previously, and theCommission’s policy on bond life was 20 years,then a bond issuance that would replace the BANwould have a 15-year amortization.

4. Use of Maryland State Revolving LoanFund. The Commission has previously partici-pated in the revolving loan fund offered by theMaryland Water Quality Financing Administra-tion. This loan fund was established by the Mary-land General Assembly for the purposes of pro-viding below-market interest rates for qualifyingwater quality projects. When advantageous to theCommission, debt financing via this program willbe pursued.

5. Use of Current Revenues andAccumulated Net Revenues as PAYGO. Pay-as-you-go (“PAYGO”) funding is set aside in theopening budget and is used instead of bonds fordebt eligible expenditures. To reduce the impact ofcapital programs on future years, the Commissionmay fund a portion of its CIP on a pay-as-you-gobasis. PAYGO funding can save money by elimi-nating interest expense on the funded projects, butcomes at the cost of expending current revenuesfor long-term assets. The use of PAYGO for cap-ital expenditures can be adjusted in the event ofsudden revenue shortfalls or emergency spending,thus providing improved financial flexibility.

Use of current revenues or accumulated netrevenues to fund capital projects as PAYGO fi-nancing may be desirable since, when applied todebt-eligible projects, it reduces the debt burdenof the Commission. Decisions to use current rev-enue funding for the CIP have impacts on futureresources available to annual operating budgets,and require recognition that certain costs of publicfacilities should be supported on a current basisrather than paid for over time. Use of accumulatednet revenue constitutes a one-time revenue source,and, as such, should be considered for the fundingof capital assets or other nonrecurring expendi-tures so as not to incur ongoing expenditure oblig-ations for which revenues may not be adequate infuture years.

6. Use of Federal and State Grants and OtherContributions. Grants and other contributionsshould be sought and used to fund capital projectswhenever they are available on terms that are tothe Commission’s long-term fiscal advantage.



5-5

5.15.060

5.15.070

Such funding should be used as current revenuesfor debt avoidance and not for debt service.

7. Operating Budget Impacts. In the develop-ment of capital projects, the Commission evaluatesthe funding source of a project on the operatingbudget and displays such sources on the projectdescription form. In evaluating the value of con-structing or acquiring assets funded with debt, theCommission strives to ensure that funding is avail-able not only for the debt service but also forthe subsequent annual operation and maintenancecosts of the asset.

8. Use of Revenue Bonds. Revenue bondsare limited obligations, secured by the pledge ofparticular revenues to their repayment in contrastto general obligation debt, which pledges theCommission’s overall unlimited ad valorem taxingauthority. The revenues pledged may be those of aspecial revenue fund, or they may be derived fromthe funds or revenues received from or in con-junction with a project. Pursuant to the PUA, theCommission is authorized to issue revenue bondshaving a maturity date no later than 50 years fromthe date of issuance. The Commission has neverissued revenue bonds, but, if it were to do so,would have to ensure that the ratings of its generalobligation debt were not impaired by the terms,conditions, or obligations of the revenue bonds.(REG-FIN-FI-2015-002 § V)

Debt issuance.A. Credit Ratings. The Commission’s ability to

borrow cost effectively depends upon its creditstanding as assessed by the three major credit rat-ing agencies: Moody’s Investors Services, Stan-dard and Poor’s, and Fitch Ratings. The Chief Fi-nancial Officer (the “CFO”), in collaboration withthe Commission’s financial advisor, shall be re-sponsible for maintaining relationships with therating agencies that currently assign ratings to theCommission’s debt portfolio. This effort shall in-clude providing periodic updates of the Commis-sion’s financial condition as well as coordinatingconference calls, meetings and/or presentations inconjunction with each debt issuance. The CFO isresponsible for determining whether or not a ratingshall be requested on a particular financing, andwhich of the major rating agencies shall be askedto provide such rating.

B. Professional Service Providers. The CFO isresponsible for securing the services of a nation-ally recognized bond counsel and the services ofa registered financial advisor professional, as de-fined under the Securities and Exchange Commis-sion rules relating to municipal advisors that arerequired to develop and implement the Commis-sion’s debt program.

C. Underwriters, Remarketing Agents, PayingAgents, and Liquidity Providers. The CFO shallsolicit proposals from the service providers notedabove for all debt issues when applicable. TheCFO may request that another party in the trans-action hire or assist in hiring these providers orthe Commission can hire them directly. In eithercase, the principal criteria for selection will be therelative cost of the service, the experience of theprovider, and the willingness of the provider tocomply with the terms and conditions required bythe Commission. The period for employment mayrelate to an individual transaction, a series of fi-nancings, or a specified period of time.

D. Other Services. The CFO shall periodicallysolicit for providers of other services necessary tocarry out the debt issuance activities of the Com-mission, such as electronic bidding venues, print-ers, periodicals, escrow agents, verification agents,dissemination agents, and trustees. The CFO mayrequest that another party in the transaction hirethese providers or the Commission can hire themdirectly. In either case, the selection of such addi-tional service providers shall take into account anevaluation of the cost and perceived quality of ser-vice of the proposed service provider. (REG-FIN-FI-2015-002 § VI)

Debt management policies.A. Arbitrage Rebate Reporting. The Commis-

sion will comply with all arbitrage rebate require-ments as established by the Internal Revenue Ser-vice and all disclosure requirements established bythe Securities and Exchange Commission. This ef-fort includes tracking investment earnings on bondproceeds, calculating rebate payments in compli-ance with the tax law and rebating positive ar-bitrage earnings to the federal government in atimely manner in order to preserve the tax exemptstatus of the Commission’s outstanding debt is-sues.

5.15.060 DEBT POLICY

5-6


5.15.080

B. Disbursements and Management ofAccounts. The CFO or designee will be the Com-mission’s representative controlling disbursementsfrom bond accounts held by trustees or managedby the Commission. Bond accounts include,among others, the debt service fund, project fund,and applicable escrow accounts. At the appropriatetime, the Finance Office will proactively close thetrust accounts related to a particular bond issue.This practice will ameliorate the possibility ofunauthorized use of the bond proceeds and willfurther comply with IRS regulations relative tospend-down requirements and arbitrage rebate cal-culations.

C. Investment of Bond Proceeds. Commissionfunds held for capital purposes are invested bythe Finance Office designee in accordance withthe Commission’s investment policy, which con-forms to State of Maryland law on the investmentof public funds. The Commission invests primarilyin obligations of the United States government,its agencies or instrumentalities, repurchase agree-ments, and bankers’ acceptances.

D. Investor Relations and ContinuingDisclosure. The Commission will maintain com-pliance with disclosure standards promulgated byMaryland State and federal regulatory agenciesand provide ongoing disclosure information tocurrent and potential investors on its website atwww.wsscwater.com. Hard copies of certain doc-uments may also be made available upon request.The financial documents to be made available tothe public include the WSSC Bond and Note In-formation Book and WSSC’s Official Statement.The Bond and Note Information Book is preparedon an annual basis with data as of the Commis-sion’s fiscal year-end. The Official Statement isprepared subsequent to each bond sale or refund-ing. The Commission will provide the most recentcopy of each of these documents as well as a num-ber of historical submissions as deemed appropri-ate. Also available are the Commission’s auditedannual financial reports, fiscal year budget infor-mation and capital improvements program (CIP)submissions. The CFO will maintain policy andprocedures for the compliance with the Commis-sion’s continuing disclosure agreements, prepara-tion of official statements and the filing of re-portable events. Such procedures will include ap-

propriate training for staff responsible for compli-ance.

E. Refunding. The Commission, in coordina-tion with its financial advisor, will monitor out-standing Commission debt relative to existingmarket conditions and, subject to approval of abond refunding plan by Prince George’s Countyand Montgomery County Councils and Executivesin accordance with the PUA, will refund any out-standing debt when sufficient cost savings can berealized. The general guideline for determining ifa refunding is economically desirable is when theCommission can save, on a net present value basis,at least two percent of the amount of bonds beingrefunded. In cases of advance refunding, the Com-mission may purchase state and local governmentsecurities (the “SLGs”) to fund the escrow. IfSLGs are not available or are less cost effectivethan open market securities, upon permission fromthe CFO and with guidance from bond counsel, theCommission may fund the escrow with competi-tively bid United States Treasury securities. (REG-FIN-FI-2015-002 § VII)

Administration andimplementation.

A. The CFO is responsible for the administra-tion and issuance of debt, in accordance with theCommission’s budget and delegated responsibili-ties by the Commission, and may subdelegate thecompletion of specific tasks and responsibilitiesincluded in this policy to a Group Leader or otherdesignees.

B. The Commission will evaluate the debt pol-icy at least every five years for adequacy and rele-vance.

C. This debt policy is to be filed with the StateTreasurer’s Office. (REG-FIN-FI-2015-002§ VIII)



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5.65.0105.65.0205.65.0305.65.0405.65.0505.65.0605.65.0705.65.080

5.65.0905.65.1005.65.110

5.65.1205.65.130

5.65.140

5.65.150

5.65.1605.65.1705.65.1805.65.1905.65.200

5.65.2105.65.2205.65.2305.65.2405.65.250

5.65.2605.65.270

5.65.280

5.65.2905.65.300

5.65.3105.65.3205.65.330

5.65.3405.65.350

5.65.360

5.65.3705.65.3805.65.3905.65.400

5.65.410

5.65.420

5.65.4305.65.4405.65.4505.65.460

5.65.4705.65.4805.65.4905.65.500

Chapter 5.65

PROPERTY ASSESSMENTS MANUAL

Sections:

Article I. Front Foot Benefit Charges Overview

Foreword.Authority clause.Purpose.Customer notification.Customer appeal rights.FFBC rates and calculations.Payment options.Errors and omissions.

Article II. Exemptions and Suspensions

General.Exemptions.Suspensions.

Article III. Subdivision Residential

Introduction.Abutted property, one streetfrontage.Abutted property, multiple streetfrontages.Nonabutted properties.

Article IV. Multi-Unit Residential

Introduction.Townhouses.Condominiums and apartments.Multi-unit with shared connections.Trailer park units.

Article V. Small Acreage

Introduction.Fully abutted parcel.Partially abutted parcel.Multiple abutted parcels.Nonabutted parcel.

Article VI. Single Business or IndustrialProperties

Introduction.Abutted (full, partial or multiple)business property.Nonabutted business property.

Article VII. Multi-Business

Introduction.Commercial developments.

Article VIII. Agricultural

Introduction.Abutted agricultural property.Nonabutted agricultural property.

Article IX. Right-of-Way

Introduction.Right-of-way abutting a street orroadway.Right-of-way not abutting a street orroadway.

Article X. Miscellaneous Assessments

Nonprofit organizations.Cemetery assessments.Common ownership.Properties designated as parcels insubdivision plats.Properties designated for multi-unitdevelopment.On-site water/sewer system.

Article XI. Reclassifications

Introduction.Reclassification transactions.Reclassification procedures.Reclassification notices.

Article XII. Deferred House Connection Charges

Introduction.Term of deferred connection.Redemption of deferred connection.“Ahead-of-payment” construction.

5.15.080 PROPERTY ASSESSMENTS MANUAL

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5.65.010

5.65.020

5.65.030

5.65.040

5.65.050

5.65.060

Article I. Front Foot Benefit ChargesOverview

Foreword.This manual describes how WSSC’s staff,

specifically its Property Assessments Section, willadminister the Public Utilities Article, Division II,Title 25, Subtitle 2, Annotated Code of Maryland,covering assessment of front foot benefit charges.Any conflict that may exist between any provisionof this manual and the Public Utilities Article willbe resolved in favor of the latter statute. (Amendedduring 2019 codification; Property assessmentsmanual, dated October 1998)


authority for the adoption of this manual is thePublic Utilities Article, Division II, § 17-403 and§§ 25-201 through 25-214, Annotated Code ofMaryland. (Amended during 2019 codification;Property assessments manual, dated October1998)

Purpose.The Washington Suburban Sanitary Commis-

sion (WSSC), unlike most water and sewer util-ities, constructs not only its major transmissionlines but also most smaller water and sewer mainsserving local residential and business communi-ties. These main lines are required to transport wa-ter to individual properties and/or return sewageto our wastewater treatment plants. To recover itscost for the construction and financing of the waterand sewer lines, the State of Maryland has autho-rized WSSC to levy a “front foot benefit charge”(FFBC) to those properties benefiting from theirconstruction. These properties include not onlythose that connect to WSSC’s water and/or sewerlines, but also those simply abutting the lines, be-cause the availability of public water and/or sewerenhances property values. According to the PublicUtilities Article, § 25-202, Annotated Code ofMaryland, “the construction, replacement or en-largement of, or the installation of a service con-nection to, a water main or sewer benefits eachproperty that abuts on, is connected to, or is servedby the water main or sewers.” (Amended during2019 codification; Property assessments manual§ 1.0, dated October 1998)

Customer notification.The assessment of front foot benefit charges

normally begins the calendar year following thecompletion of or actual connection to the newlyconstructed water and/or sewer lines. The assess-ment year begins January 1st and ends December31st. Prior to construction, the owners of proper-ties that would be abutted by the proposed waterand/or sewer lines are notified by the WSSC Waterand Sewer Reports Section of estimated front footbenefit charges. Once construction is completed,those property owners directly benefiting from thenewly constructed water and/or sewer mains re-ceive in writing a notice of benefit assessment(see Appendix B☰). The notice is accompaniedby a letter (see Appendix A☰) which includesthe property’s classification, footage, rate(s), andamount of the proposed FFBC assessment. (Prop-erty assessments manual § 1.1, dated October1998)

Customer appeal rights.In early spring, following completion of the pre-

vious year’s water and sewer line construction, af-fected property owners are notified in writing oftheir assessments. Customers are requested to con-tact the Property Assessment staff with any ques-tions or concerns they may have about the pro-posed assessments. The notice also provides a dateand time for an assessment appeal hearing with aWSSC Commissioner for any customer who re-mains concerned that the proposed assessment isin error. The customer may elect to be representedat the informal hearing. Property Assessmentsstaff and an attorney from the General Counsel’sOffice also attend the informal hearing. Followingthe informal hearing, the customer is provided awritten decision by the Commissioner with whomhe/she met. The customer is also informed ofhis/her right to additionally appeal the Commis-sioner’s decision to the full Commission. Hearingswith the full Commission are held in accordancewith the State Administrative Procedures Act.(Property assessments manual § 1.2, dated Octo-ber 1998)

FFBC rates and calculations.Annually, following a public hearing, WSSC es-

tablishes a base water and sewer rate which is usedto assess properties abutted or served by WSSC



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https://municipal.codes/MD/WSSC/Code/Media/PropertyAssessmentsManual.pdf#page=42


5.65.070

water and/or sewer lines. The water and sewerrates established are intended to recover all costsassociated with the construction and financing ofthese water and sewer lines. Once the base ratesare set they cannot be increased.

After the base rate is established, a property’sfront foot benefit charge is determined by mul-tiplying its assessment rate(s) by its assessable“front footage.” A property’s assessment rate andits assessable front footage are determined by its“classification.”

A. Classification. WSSC classifies propertiesbased on their actual or intended use, not necessar-ily on the basis of county zoning codes. There arecurrently six property classifications:

1. Subdivision residential.2. Multi-unit residential (townhouses, con-

dominiums, apartments).3. Small acreage.4. Industrial or single business.5. Multi-unit business.6. Agricultural.

B. Assessment Rate. The assessment rate ap-plicable to each WSSC classification is as follows:

Subdivision Residential, SmallAcreage and Agricultural:

Initial 150 feet of assessable frontfootage

Base rate

Next 150 feet of assessable frontfootage

75% ofbase rate

Additional assessable front footage 50% ofbase rate

Multi-Unit Residential:

Townhouse (standard 50 feet) Base rate

Condominium (standard 26 feet) Base rate

Apartments (standard 26 feet) Base rate

Business or Multi-Unit Business:

All assessable front footage 133%timesbase rate

C. Front Footage and Abutment. A property’sfront footage or street frontage is the total lengthof its boundary that faces or borders a street, road,etc. A property’s assessable front footage may ormay not equal its actual front footage dependingon its classification and type abutment. A prop-erty’s abutment by a WSSC line can be one of fourtypes as follows:

1. Full Abutment. A WSSC line has beenbuilt in a street or in a right-of-way procured byWSSC that is parallel/adjacent to the property. Theline abuts the total length of the property’s singlestreet frontage.

2. Partial Abutment. A WSSC line has beenbuilt in a street or procured right-of-way that isparallel to the property. The line abuts only a por-tion of the property’s street frontage.

3. Multiple Abutment. The property hasmore than one street frontage. WSSC lines havebeen built in streets or procured rights-of-waywhich are parallel to the property. The lines fullyor partially abut two or more of its street frontages.

4. Nonabutment. A WSSC line does not abutany portion of the property’s street frontage(s).

The front footage used to assess propertiesclassified as subdivision residential, small acreageand agricultural is generally affected by the typeabutment. The footage used to assess propertiesclassified as multi-unit residential, business andmulti-unit business is generally not affected bythe property’s type abutment. Subsequent sectionson each property classification detail how a prop-erty’s assessable front footage is affected by itstype abutment and other factors. (Property assess-ments manual § 1.3, dated October 1998)

Payment options.Customers assessed front foot benefit charges

are provided two methods to pay such charges.They may pay the charge in full by May 31st ofeach year, or elect to defer FFBC charges over aperiod of time equivalent to the term of the bondissued by WSSC to finance construction. Cur-


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5.65.080

5.65.090

5.65.100

5.65.110

rently, construction bond life is 23 years. AlthoughFFBC are not taxes within the legal meaning of theword, they do appear on county tax bills and arecollected by the county taxing authorities. Unliketaxes, the annual amount remains the same and theassessment ceases when the bond is retired.

An owner who has initially elected to deferFFBC may subsequently redeem or pay off the un-paid balance of the assessment charges by con-tacting WSSC’s Property Assessment staff. All re-demption quotations or calculations will be madeas of January 1st following the previous July’s taxbilling and are good until May 31st. All redemp-tions are calculated using annuity present value(dollar worth factor) tables and take into accountthe interest rate associated with the deferredFFBC, number of annual payments received andapplicable service fee(s). (Property assessmentsmanual § 1.4, dated October 1998)

Errors and omissions.Whenever an error or oversight is discovered on

any property regarding a FFBC charge, the Com-mission is obligated to correct the account. If theerror involves a failure to levy an appropriateFFBC, the Commission, once it discovers the er-ror, will assess the property at the rate(s) and clas-sification in effect at the time of line construction.For a nonabutting property the assessment will bebased upon rates in effect at the time of the prop-erty’s connection to WSSC. The assessment willrun for a period of time equivalent to the term ofthe bond secured to finance construction of the linewhich abuts or serves the property.

If ownership of the property has changed sincethe assessment should have begun, excluding theinitial sale by the developer or builder, WSSC willassess the property for a period equal to the termof the bond secured to finance the relevant line’sconstruction, less the number of years which haveelapsed between the time the assessment shouldhave begun and the date of last ownership change.For example: WSSC discovers in 1998 that a prop-erty should have been assessed beginning January1990 for a period of 23 years. The current ownersalso purchased the property in 1995. The annualassessment would begin in 1999, the first calendaryear after the error is discovered, and run for 17years (23 years minus the six years which elapsed

from 1990 through 1995). (Property assessmentsmanual § 1.5, dated October 1998)

Article II. Exemptions and Suspensions

General.Most properties are subject to front foot benefit

charges if they are abutted by WSSC water and/orsewer lines. However, there are certain propertiesabutted by WSSC water and/or sewer lines whichare exempt from FFBC charges. There are otherproperties whose FFBC charges are suspended un-til a change occurs in the property’s classification,use or designation or the property connects toWSSC lines. (Property assessments manual § 2.0,dated October 1998)

Exemptions.A. The following properties are exempt from

the levying of FFBC, whether or not they connectto WSSC lines:

1. Those abutted by a WSSC line which hasbeen constructed in a street or other public right-of-way by a private developer under a memoran-dum of understanding (MOU) with WSSC.

2. Those owned by the state, county or mu-nicipality.

3. Those owned and used for public purposesby a volunteer fire department.

B. The following properties are also exemptfrom FFBC under the assumption that they willnever be developed and will therefore never con-nect to WSSC lines:

1. Those too small for residential or commer-cial improvements.

2. Those which are within a 100-year flood-plain.

3. Those designated as homeowners’ asso-ciation common ground in a recorded residentialsubdivision plat.

4. Those designated by the Maryland Na-tional Capital Park and Planning Commission asunbuildable or refused a building permit by the ju-risdiction’s permit and licensing agency. (Propertyassessments manual § 2.1, dated October 1998)

Suspensions.Front foot benefit charges are calculated on the

following abutted properties but the charges aresuspended until the properties connect to WSSC



5-11

5.65.120

lines or a change occurs in the property’s classifi-cation, use or designation:

A. Property designated in service categories 5and 6 in the counties’ approved 10-year water andsewer plans.

B. Property classified as subdivision residentialor small acreage that is served by a well and/orseptic system. This status is also known as SERexempt.

C. Property classified as agricultural.D. Property rendered unbuildable during the

period of time a reservation for public use is made.E. Property otherwise assessable for water

main construction, but public sewer is not avail-

able or reasonably feasible and a septic systemwould not be approved. (Property assessmentsmanual § 2.2, dated October 1998)

Article III. Subdivision Residential

Introduction.A subdivision residential property is one used or

intended to be used for residential purposes, hasbeen recorded through a subdivision plat, and car-ries a subdivision name, lot and block (or parcel),as part of its legal description.

Example of a Typical Subdivision Plat

A subdivision property’s assessment is deter-mined by multiplying WSSC’s applicable baserate by the property’s assessable front footage, orif its assessable front footage exceeds 150 feet,by multiplying assessable front footage over 150feet by a fraction of the base rate. (See WSSC

5.65.060(B).) A subdivision property’s assessablefront footage is determined by several factors, in-cluding the existence of abutting lines, number ofabutments and shape of the property. (Property as-sessments manual § 3.0, dated October 1998)


5-12


5.65.130 Abutted property, one streetfrontage.

An abutted property with one street frontage isassessed on the basis of its actual street frontage,if regularly shaped. If the property is irregularlyshaped, it is assessed on the basis of an average ofthe street frontages of regularly shaped neighbor-ing properties.

A. Regularly Shaped Property. A regularlyshaped subdivision lot is one which is basicallysquare or rectangular, and is not located at the in-tersection of two streets or roads. The lot has four

sides (straight or somewhat rounded) or five sides;provided, that its four longest sides account for atleast 90 percent of its total perimeter. Additionally,a regularly shaped lot has a street frontage which iswithin 30 percent (plus or minus) of the length ofits rear property line. For example, if the lot’s rearproperty line is 100 feet, its street frontage wouldneed to measure at or between 70 and 130 feet.A regularly shaped lot with one street frontage isassessed on the basis of its actual street frontage,whether fully or partially abutted.

Examples of Abutted Regularly Shaped Properties with One Street Frontage

Lots 5 and 6 are both four-sided regularlyshaped lots, abutted on First Street. Lot 5 wouldtherefore be assessed for 107 feet of frontage, andLot 6 assessed for 115 feet of frontage.

Lot 8 is a five-sided lot. Its four longest sides ac-count for at least 90 percent of its total perimeter.Lot 8, therefore, is regularly shaped and would beassessed for its actual frontage of 62 feet for waterand sewer.



5-13

Example of Partially Abutted Regularly Shaped Lot, One Street Frontage

Although the street frontage for Lot 2 is par-tially abutted, it receives the same benefit as Lot 1.Therefore, Lot 2 would be assessed its full streetfrontage of 100 feet.

B. Irregularly Shaped Property. Any subdivi-sion property which has one street frontage andis not shaped as described in subsection A of thissection is an irregularly shaped lot. For example,cul-de-sac lots (those located on the closed endof a street), as well as flag, panhandle and pie-

shaped lots, are nearly always irregularly shaped.Because an irregularly shaped lot typically has adisproportionately small or large street frontage,its street frontage is not used to assess the property.Rather, the lot is assessed on the basis of the av-erage street frontage of all neighboring regularlyshaped lots, that is, all regularly shaped lots lo-cated on the same and/or adjacent blocks, as theterm is used in legal descriptions of properties.

Example of Irregularly Shaped Lots

Lots 6 through 10 are all irregularly shaped lots(cul-de-sac, pie, flag or panhandled).


5-14


5.65.140

Examples of both Irregularly and Regularly Shaped Lots

Lots 2 and 3 are regularly shaped and assessedtheir actual street frontages. Lots 1 and 4 are ir-regularly shaped and would be assessed 74 feet,which is the average street frontage for regularlyshaped Lots 2 and 3 (81+ 67 feet divided by two).(Property assessments manual § 3.1, dated Octo-ber 1998)

Abutted property, multiple streetfrontages.

An abutted subdivision lot that has more thanone street frontage is assessed on the basis of justone of its street frontages. The front footage used

to assess such properties relates to whether itsstreet frontages are perpendicular or parallel toeach other; that is, whether the property is a cornerlot or a lot with parallel street frontages.

A. Corner Lot. A lot which has two streetfrontages and is located at the intersection of twostreets or roads is considered a corner lot. A cornersubdivision lot is assessed on the shorter of its twostreet frontages including the corner tangent. Theshorter side is assessed whether or not it is actuallyabutted.

An Example of a Typical Corner Lot



5-15

5.65.150

Although Lot 5 is a corner lot and abuts waterand sewer lines on A Street, its assessment wouldbe for street frontage on Fourth Avenue, theshorter side. The assessment would be 128 feet(103 + 25-foot tangent) for both water and sewer.

B. Parallel Street Frontages. A lot whose frontand rear property lines each face a street has par-

allel street frontages. Such a lot is assessed on thebasis of only one of its street frontages. The streetfrontage used to assess the lot is the frontage that isfirst abutted. If both street frontages are abutted inthe same calendar year, the property is assessed onthe basis of the street frontage that the house facesor is expected to face.

Example of Parallel Street Frontages

Lot 3 is abutted on both A and B Streets. Sinceboth water and sewer lines were completed thesame year, Lot 3 would be assessed for 100 feet ofwater and sewer on B Street, which is where thehouse faces. (Property assessments manual § 3.2,dated October 1998)

Nonabutted properties.A residential subdivision property that is not

abutted by a WSSC water and/or sewer line isgenerally not assessed until the calendar year fol-lowing its connection to WSSC service. The as-

sessment rate(s) and term will be those in effect atthe time of connection. The property will also beassessed as if it were abutted. Consequently if it isregularly shaped, it will be assessed for its actualstreet frontage. If it is regularly shaped but has nostreet frontage, it will be assessed for the length ofthe shortest of its four sides; or if five-sided, thelength of its second shortest side. If the nonabuttedproperty is irregularly shaped, it will be assessedon the basis of the average street frontage of allneighboring, regularly shaped lots.


5-16


5.65.160

5.65.170

An Example of a Nonabutted Lot with No Street Frontage

Lot 4 is regularly shaped, has no street frontageand is not abutted by the water and sewer lines. Itreceives service through a right-of-way (see Arti-

cle IX of this chapter) from Lot 3. Therefore, Lot4 would be assessed for 100 feet, the length of itsshortest side.

An Example of a Nonabutted Lot with Street Frontage

Lot 3 is regularly shaped and nonabutting withstreet frontage. Therefore, once connected to thewater and sewer service, Lot 3 would be assessedfor its actual street frontage of 100 feet. (Propertyassessments manual § 3.3, dated October 1998)

Article IV. Multi-Unit Residential

Introduction.A multi-unit residential property is one that in-

cludes more than one residential unit. This classifi-cation is used exclusively for townhouses (WSSC5.65.170), condominiums and apartments (WSSC5.65.180), shared connections (WSSC 5.65.190)and trailer park units (WSSC 5.65.200). Except for

trailer park units, each type of multi-unit residen-tial property is assessed at the base rate. Each typemulti-unit residential property is also assessed ata standard or uniform front footage. (Property as-sessments manual § 4.0, dated October 1998)

Townhouses.The WSSC constructs water and sewer lines to

service individual townhouse units through a wa-ter and/or sewer connection. To recover construc-tion costs for servicing townhouse developments,each unit is assessed at the base rate for a standardfront footage of 50 feet, whether or not abutted bythe new water and/or sewer line.



5-17

5.65.180

5.65.190

5.65.200

5.65.210

5.65.220

The townhouse units above are each assessed astandard front footage of 50 feet times the baserate. (Property assessments manual § 4.1, datedOctober 1998)

Condominiums and apartments.Water and sewer lines constructed to service a

condominium or apartment community are nor-mally through a single, large water and sewer con-nection with a master meter. To recover the con-struction costs, each unit is assessed at a standardfront footage, 26 times the base rate. (Property as-sessments manual § 4.2, dated October 1998)

Multi-unit with sharedconnections.

Water and sewer line construction is sometimesrequired to service unconventional townhousescalled “triplex,” “quadriplex,” or “piggy backs.”Unlike conventional townhouses, they have indi-vidually metered water connections, but share acommon, lower cost sewer connection. Therefore,each residential multi-unit with a shared connec-tion is assessed at the base rate for a standard frontfootage of 32 feet. (Property assessments manual§ 4.3, dated October 1998)

Trailer park units.A trailer park is a tract of land used for the

purpose of parking a mobile home to serve as aplace of residence. Each unit of the trailer parkis assessed at 1.33 times the base rate (commonlyknown as the business rate) for a standard frontfootage of 25 feet. (Property assessments manual§ 4.4, dated October 1998)

Article V. Small Acreage

Introduction.A small acreage property is an improved or

unimproved property that is not recorded as a res-idential subdivision property and not actively usedfor farming or other agricultural purposes. (SeeArticle VIII of this chapter.) (Property assessmentsmanual § 5.0, dated October 1998)

Fully abutted parcel.A small acreage property that is fully abutted by

a WSSC water and/or sewer line is assessed for itstotal street frontage. The first 150 feet of abutmentis assessed at the base rate, the next 150 feet ofabutment is assessed at 75 percent of the base rate,and all abutment in excess of 300 feet is assessedat 50 percent of the base rate.


5-18


5.65.230

Example of Fully Abutted Small Acreage Parcel

The parcel of land above has 450 feet of pipeabutment for both water and sewer. Its assessmentswould be as follows: 150 feet times base rate, plus150 feet times 75 percent of base rate, plus 150feet times 50 percent of base rate. (Property as-sessments manual § 5.1, dated October 1998)

Partially abutted parcel.A partially abutted, small acreage property is as-

sessed for its actual street frontage. However, if itsstreet frontage exceeds 150 feet, the property is as-sessed for its abutted street frontage or 150 feet,whichever is greater.

Example of a Partially Abutted Parcel

Tract B is partially abutted. Its street frontage is200 feet, 100 feet of which is abutted. Because itsstreet frontage exceeds 150 feet and its pipe abut-

ment is less than 150 feet, the tract is assessed for150 feet.



5-19

5.65.240

Another example of a Partially Abutted Parcel

Tract C has 550 feet of street frontage, 325 feetof which is abutted. Because its street frontage andpipe abutment both exceed 150 feet, the tract is as-sessed for 325 feet, the length of its pipe abutment,the first 150 feet at the base rate, the next 150 feetat 75 percent of the base rate, and the final 25 feetat 50 percent of the base rate.

If the WSSC later extends the water or sewerline, thereby increasing the abutment of a partiallyabutted property that is over two acres, an addi-tional assessment would be levied, taking into con-sideration the initial assessment. If for examplethe water and/or sewer lines were extended the re-maining 225 feet of Tract C’s street frontage, thefirst 150 feet would be assessed at 75 percent ofthe base rate and the remaining 75 feet at 50 per-cent of the base rate. (Property assessments man-ual § 5.2, dated October 1998)

Multiple abutted parcels.A small acreage property that has more than one

street frontage and is abutted by a WSSC line on

two or more of its street frontages is considered amultiple abutted parcel. Small acreage propertieswith multiple abutments that are less than twoacres are assessed on only one street frontage.Multiple abutted parcels that are two acres or moreare assessed for all street frontages that are abuttedby water and/or sewer lines, with the exception ofa corner parcel. (See subsection A of this section).

A. Corner Parcel. A property which is locatedat the intersection of two streets or roads is con-sidered a corner parcel. A multiple abutted cornerparcel less than two acres is assessed only forits initially abutted street frontage or the shorterof two simultaneously abutted street frontages. Amultiple abutted corner parcel of two or moreacres is assessed for both abutted street frontages,except for the first 300 feet of the second abuttedstreet frontage. If both street frontages are simul-taneously abutted, the first 300 feet of the longestabutted street frontage is not assessed.


5-20


Example of Corner Parcel (Corner Allowance)

Parcels 180 and 181 were initially assessed 175feet each for sewer line abutments on Gayle orFran Streets. Subsequently, sewer line construc-tion was completed on Walker Boulevard. Parcel180, which is larger than two acres, would be addi-tionally assessed for 100 feet of the Walker Blvd.abutment (400 less the 300). Parcel 181 would notbe additionally assessed since it is less than twoacres.

B. Parallel Street Abutment. A parcel whosefront and rear property lines each face a street has

parallel street frontages. Such parcels are assessedfor actual pipe abutment on both streets, if the dis-tance between the two streets is over 300 feet. If300 feet or less, the parcel is assessed for onlyone street frontage, the frontage initially abutted. Ifboth street frontages are abutted in the same calen-dar year, the parcel is assessed on the basis of thestreet frontage that the house faces or is expectedto face.

Example of Parallel Street Abutments

Parcels A, B and C have parallel abutments. Thesewer line on Adams was the first constructed.All three parcels would be assessed for their abut-ments of the line initially constructed on Adam

Street. Parcels A, B and C would not be assessedfor their abutments of the sewer line subsequentlyconstructed on Bay Street because the distance be-



5-21

5.65.250

tween the two streets is 300 feet or less. (Propertyassessments manual § 5.3, dated October 1998)

Nonabutted parcel.A small acreage property which is not abutted

by a WSSC water and/or sewer line is assessedonly if the property connects to WSSC, beginningthe calendar year following connection. Therate(s) and terms used to assess the property willbe those in effect at the time of connection. Howsuch a property is assessed relates to whether it

has any street frontage. If it has, the property isassessed for its actual street frontage. However, ifits street frontage exceeds 150 feet, the property isassessed for the portion of its street frontage ex-tending from its property line to the far end of theproperty’s residence, or for 150 feet, whicheveris greater. If the property has no street frontage,it is assessed on the basis of the assessed streetfrontage of an approximately similar-sized smallacreage property.

Example of Nonabutted Small Acreage, Street Frontage

The above parcel is not abutted but has streetfrontage. Since its actual street frontage exceeds150 feet, it is assessed for 250 feet, the street

frontage extending from the property line to the farend of the property’s residence.


5-22


5.65.260 5.65.270

Example of Nonabutted Small Acreage, No Street Frontage

Tract D is not abutted, has no street frontage andreceives service through a right-of-way from TractB. (See Article IX of this chapter.) Tract D, be-cause its size is approximately similar to Tract A,in the above example, is also assessed for 250 feet.(Property assessments manual § 5.4, dated Octo-ber 1998)

Article VI. Single Business or IndustrialProperties

Introduction.An industrial or business property is an im-

proved property used or planned for use, by a sin-gle commercial endeavor, such as a gas station,restaurant or bank. Single business properties thatare at least partially abutted by new WSSC water

and/or sewer lines are assessed the year after con-struction of the line(s) is completed. Nonabuttingsingle business properties are assessed when aconnection to service is made, at the rate(s) andterm(s) in effect when the connection is made.All single business or industrial properties are as-sessed at 1.33 times the base rate (known as thebusiness rate) for all assessable front footage.(Property assessments manual § 6.0, dated Octo-ber 1998)

Abutted (full, partial or multiple)business property.

Properties used for a single business or indus-trial endeavor are assessed for all street frontagesthat partially or fully abut a WSSC main.



5-23

Example of Fully Abutted Business Property

Joe’s Pizza is fully abutted on Eatery Lane for300 feet of frontage. The assessment would be asfollows: 300 feet times 1.33 of base rate.

Example of a Partially Abutted Business Property

Tri-Cleaners, Betty’s Salon and United Savingsall abut water and sewer lines on Sixth Street. Al-though United Savings is only partially abutted, it

would be assessed its full street frontage of 400feet.


5-24


5.65.280

Example of Multiple Abutted Business Properties

The businesses above are abutted on three dif-ferent streets. Business properties are assessed onall abutted street fronts. Therefore, Storage Pluswould be assessed a total of 560 (180 plus 200 plus180) feet, and Sam’s Auto assessed 800 (300 plus200 plus 300) feet. (Property assessments manual§ 6.1, dated October 1998)

Nonabutted business property.A nonabutted business property with no street

frontage is assessed following connection toWSSC service on the basis of the actual streetfrontage of an adjacent similar-size business prop-erty. A nonabutted business property with streetfrontage is assessed following connection toWSSC service, as if it were abutted.

Example of Business Property with No Street Frontage



5-25

5.65.290

The car wash is nonabutting and receives ser-vice from a right-of-way. Its assessment wouldbe based upon the frontage of the hardware store

which is similar in size. The car wash would be as-sessed for 160 feet.

Example of Nonabutting Business with Street Frontage

The water and sewer lines do not abut the TireShop property. Therefore, it would not be assesseduntil a connection to service is made. The TireShop would then be assessed for its actual streetfrontage of 100 feet. (Property assessments man-ual § 6.2, dated October 1998)

Article VII. Multi-Business

Introduction.A property with two or more businesses located

thereon (for example, a shopping center or office

building) is classified multi-unit business. Proper-ties within this classification are assessed at thebusiness rate (1.33 times the base rate) for all as-sessable front footage. They are also assessed forall street frontages that are partially or fullyabutted, except for commercial developments(WSSC 5.65.300).


5-26


5.65.300

5.65.310

5.65.320

Waterville Shopping Center abuts water andsewer lines on Plaza Court and Mall Drive. CentreLane is located in the rear (not shown) and is notabutted by the lines. Therefore, the shopping cen-ter would only be assessed for its actual frontageson Plaza Court and Mall Drive. If water and/orsewer lines are later constructed on Centre Lane,any new abutments would then be assessed. (Prop-erty assessments manual § 7.0, dated October1998)

Commercial developments.Included in the multi-unit business classifica-

tion are developments used specifically for com-mercial purposes such as townhouse office parks,commercial condominiums, strip warehouses andoffice complexes. Commercial developments areeach assessed at the business rate for a standardfront footage of 50 feet. (Property assessmentsmanual § 7.1, dated October 1998)

Article VIII. Agricultural

Introduction.An agricultural property is one that is actively

used for farming or other agricultural endeavors,

such as timberlands, forestry, etc. Agriculturalproperties must be at least three acres in size andmust generate a gross annual income of at least$2,500. The State of Maryland, not WSSC, deter-mines if a property is actively used for agriculturalpurposes. WSSC’s classification of properties asagricultural must also conform with county zoningrequirements. (Property assessments manual § 8.0,dated October 1998)

Abutted agricultural property.Agricultural properties are not assessed until a

connection to WSSC service is made. They arethen assessed at the rate(s) and term(s) in effect atthe time of connection. Once the property is con-nected to WSSC water and/or sewer lines, it is as-sessed at the base rate for actual pipe abutmentup to a maximum of 150 feet for each connection.However, agricultural properties with more thanone connection will not be assessed for more than300 feet.



5-27

5.65.330

5.65.340

5.65.350

The connected agricultural property above has450 feet of street frontage, but only 325 feet isabutted by WSSC lines. Therefore its assessmentfor 325 feet would be as follows: first 150 feetat base rate, remaining 175 feet is placed in anagricultural-exempt status. (Property assessmentsmanual § 8.1, dated October 1998)

Nonabutted agriculturalproperty.

A nonabutted agricultural property once con-nected to WSSC service is assessed at the base ratefor a standard front footage of 150 feet. (Propertyassessments manual § 8.2, dated October 1998)

Article IX. Right-of-Way

Introduction.To provide public water and/or sewer to cus-

tomers, the WSSC is sometimes required to buildits main line(s) on private property. Prior to con-struction, the WSSC must acquire a “right-of-

way” agreement from the current property ownerfor which the owner is usually reimbursed. Theagreement is recorded by deed and filed with thecounty. Although the main line is built on privateproperty, the property is still assessed FFBC to re-cover WSSC’s construction costs either the yearfollowing construction of the main line or follow-ing connection to the line, depending on the right-of-way’s location. (Property assessments manual§ 9.0, dated October 1998)

Right-of-way abutting a street orroadway.

A subdivision or small acreage property that in-cludes a right-of-way which abuts the property’sstreet frontage or is parallel to the street will beassessed the year following construction of theWSSC main through the right-of-way. However, ifthe property is developed and is served by a welland/or septic system, the lot will not be assesseduntil it connects to WSSC’s system.


5-28


5.65.360

Example of a Property with a Right-of-Way Abutting a Street

Tract A, an undeveloped small acreage property,receives water and sewer service as the result of aright-of-way that is parallel to the street. Becausethe property is undeveloped and benefits from themain lines, it is assessed whether it connects ornot. Because the small acreage property’s streetfrontage is fully abutted, the property is assessedfor 500 feet. (Property assessments manual § 9.1,dated October 1998)

Right-of-way not abutting a streetor roadway.

A subdivision or small acreage property that in-cludes a right-of-way that does not abut the prop-

erty’s street frontage will not be assessed until theproperty connects to the main located in the right-of-way. If, however, concurrent with or follow-ing the construction of a main in the right-of-way,the right-of-way is formally recorded as a dedi-cated street dividing the property, the two resultantparcels would be assessed the year following thestreet dedication, at the rates and for the terms ineffect the year following construction of the main.



5-29

5.65.370

Example of a Property with a Right-of-Way Not Abutting a Street

The right-of-way built on small acreage ParcelA is not parallel to Jay Street. Therefore, no as-sessment is levied until a connection is made. The

small acreage parcel would then be assessed basedupon the street frontage extending from the prop-erty line to the far end of the house.

Example of a Property with a Right-of-Way Not Abutting a Street (Has No Street Frontage)

Tract D has no street frontage and receives ser-vice through a right-of-way from Tract B. TractD once connected would be assessed 245 feet, theassessment of Tract A, which is similar in sizeto Tract D. (Property assessments manual § 9.2,dated October 1998)

Article X. Miscellaneous Assessments

Nonprofit organizations.Unlike properties owned by the state, a county, a

municipality or those used for public purposes byvolunteer fire departments, the WSSC does not ex-empt properties owned by nonprofit organizationsfrom assessment of FFBC. However, propertiesowned by such organizations are assessed usingthe small acreage rather than the industrial or sin-


5-30


5.65.380

gle business methodology. Examples of nonprofitorganizations are churches, Boy or Girl Scouts ofAmerica and charitable organizations. (Propertyassessments manual § 10.0, dated October 1998)

Cemetery assessments.A parcel of land used as a cemetery and abutted

by a WSSC main is assessed the year following

construction of the main using either the singlebusiness or small acreage rate and methodology,depending on the property’s classification. How-ever, if the parcel is used exclusively as a ceme-tery, and is owned by a church, and is locatedadjacent to the property upon which the church islocated, the property is exempt from FFBC.

Example of How a Cemetery Classified as a Single Business Is Assessed

Peaceful Cemetery is a single business abuttedby water and sewer lines. It would be assessed for

500 feet of frontage on Quiet Lane at the businessrate.



5-31

5.65.390

Example of How a Cemetery Classified as Small Acreage Is Assessed

The above cemetery site has a piece of propertyin front of it and therefore does not abut uponEighth Street. The property in front of the ceme-

tery would be assessed for 600 feet at smallacreage rates instead of business rates.

Example of a Cemetery Site That Is Exempt

The cemetery which is owned by and adjoiningthe church on Seventh Street is not assessed.(Property assessments manual § 10.1, dated Octo-ber 1998)

Common ownership.As mentioned in WSSC 5.65.100, properties

that are too small for residential or commercial

improvements, commonly referred to as “unbuild-able” or “outlots,” are generally exempt from as-sessments. However, an outlot that adjoins a regu-lar lot and shares the same ownership is assessed,because the outlot, like the regular lot, receives abenefit from the availability of public water and/orsewer.


5-32


5.65.400

5.65.410

Example of Outlot with Common Ownership

Lot 1/Outlot A and Lot 2/Outlot B would bothbe assessed since the adjoining outlots are beingused in conjunction with the properties’ yards. Lot3/Outlot C would remain exempt since Lot 3 re-ceives no additional benefit. (Property assessmentsmanual § 10.2, dated October 1998)

Properties designated as parcelsin subdivision plats.

Most parcels located in a subdivision plat thatare designated as common ground area by a home-owners’ association (HOA) or the Maryland-Na-tional Capital Park and Planning Commission(MNCPPC) are not assessable. However, parcelsin a subdivision plat that have dwellings or struc-tures or simply a service connection and are notutilized by the HOA or MNCPPC are assessable.The assessments are based upon the properties’ us-age or classification. For example, if the propertyis used as a residence the assessment is made atthe subdivision rates. If the property is a publicgolf course, the assessment is made at the businessrates. (Property assessments manual § 10.3, datedOctober 1998)

Properties designated for multi-unit development.

A multi-unit development which receives pro-ject authorization may be completed in differentparts. For example, in the construction of a newsubdivision community, the developer may buildthe homes in parts, such as the townhomes underPart A, condominiums under Part B, etc. However,any existing assessments or unassessed construc-tion prior to the new project authorization must beredeemed.

This includes properties designated as greenspace, open space, street dedications or stormwa-ter management. Project authorization will notproceed to construction without satisfying the re-demption condition(s). Utilizing the sample pro-ject authorization below, all conditions and re-quirements are listed. Tracts 1 and 2 are projectedto be completed in parts. The proposed construc-tion will extend service to 100 multi-unit residen-tial structures. Part I (contract 94-0001 A) is for50 units located on Tract 1 and Part II (contract94-00018) is for 50 units on Tract 2.



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5.65.420

At the time of project authorization, the redemp-tion of the existing sewer FFBC on Street A ismade as a condition of authorization. Constructionapproval cannot be given without satisfying the re-demption condition.

A sewer line is constructed on Street E and ex-tends to the interior of Tract 1. Tract 1 wouldbe assessed using the multi-unit residential assess-ment method.

Tract 2 is assessed a token assessment (commonground) using the small acreage classification untilit is developed for townhouses.

Part II of the project authorization to serve the50 multi-unit residential structures in Tract 2 isconstructed. The 50 units are then assessed usingthe standard multi-unit residential rates. The as-sessments for construction on Street E are includedin the unit assessments.

A different project authorization proposes con-struction along Street C for Tract 3 for future de-velopment. Tract 3 would then be assessed usingsmall acreage methodology until actual develop-ment takes place.

The project authorization to service Tract 3should reflect no assessment returns against Tracts1 and 2, since they were previously assessed.However, Tract 2 would receive a token assess-ment to identify the line. (Property assessmentsmanual § 10.4, dated October 1998)

On-site water/sewer system.“On-site” water or sewer systems are those lines

that are privately owned, constructed and main-tained. Properties served by most on-site systemsare exempt from FFBC assessment because thesystems were built and financed by a private de-veloper. However, should WSSC have to extendits water or sewer system to provide service toproperties served by the on-site system, the prop-erties will be assessed FFBC. Also, should WSSCbe requested and agree to take over or assumeownership of a residential on-site system, and thesystem needs to be upgraded to meet WSSC stan-dards, the owners of the properties may reimburseWSSC for its rehabilitation costs through paymentof a special annual assessment. See WSSC Chap-ter 13.05, WSSC Acquisition of On-Site Wa-


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5.65.430

5.65.440

5.65.450

ter/Sewer Systems. (Property assessments manual§ 10.5, dated October 1998)

Article XI. Reclassifications

Introduction.The Public Utilities Article, § 25-203(b)(2), An-

notated Code of Maryland, states that the classifi-cation of a property is subject to revision by theCommission if the use of the property changes.This process, known as reclassification, occurswhen a change has occurred in a property’s usage,recordation or ownership, and that change requiresa change in the property’s existing front foot ben-efit charges. (Amended during 2019 codification;Property assessments manual § 11.0, dated Octo-ber 1998)

Reclassification transactions.The more common events that result in property

reclassifications are:A. Plat of subdivision is recorded against a

property;B. Property split or combination by deed is

recorded;C. Change in ownership from a private entity to

government agency or vice versa;

D. An error or oversight is discovered in theproperty’s initial classification. (Property assess-ments manual § 11.1, dated October 1998)

Reclassification procedures.Property classification changes are derived from

county records, plumbing records or field inspec-tions. When a property’s new classification war-rants a change or reclassification of its FFBC, therate and footage used to calculate the new FFBC,as well as the length or term of the new assess-ment, will be determined as follows:

A. Rates will be based on the new classificationand the rate(s) in effect the year during whichthe line(s) abutting the reclassified property werebuilt.

B. Footage. The footage will be determined byusing the assessment methodology of the new clas-sification, as described in Articles III through VIIIof this chapter.

C. Term. The new FFBC are levied for the bal-ance of unpaid years of the original assessment.For example, if the original assessment was for 23years of which 10 were at the small acreage clas-sification and the property is reclassified to busi-ness, the business levy will run for the remaining13 years.

Example of a Reclassified Property

Parcel 1, originally classified as small acreage,was assessed for its pipe abutment of 200 feet be-ginning in 1990. The property was reclassified assingle business in 1997. Therefore, the property

was assessed for its full street frontage of 400 feetat the appropriate business rate. The “reclass” as-sessment would run for the 16 remaining years of



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5.65.460

5.65.470

5.65.480

5.65.490

5.65.500

the 23-year bond. (Property assessments manual§ 11.2, dated October 1998)

Reclassification notices.Like most new assessments, a formal notice of

assessment and cover letter (See Appendices C☰and D☰) is mailed to the current property ownerwhenever a reclassification is initiated by WSSCand the reclassification will result in an annual as-sessment change of $50.00 or more. Formal noti-fication may not occur when a reclassification isinitiated by the property owner.

Scenarios that result in a formal notice beingmailed:

A. County records indicate that a property clas-sified as agricultural no longer meets the require-ment. The property is therefore reclassified tosmall acreage;

B. Property is assessed as a single business. Afield inspection reveals that the property should beclassified as multi-business;

C. Property owner applies for a house connec-tion to a property that is not abutted by waterand/or sewer lines;

D. Records indicate that a property should beremoved from a service category 5 or 6 or a prop-erty is no longer in an exempt status. (Property as-sessments manual § 11.3, dated October 1998)

Article XII. Deferred House ConnectionCharges

Introduction.A house connection (HC) is a lateral line con-

structed from a WSSC water and/or sewer mainnormally located in the street and that goes to theapplicant’s property line. To recover house con-nection construction costs, the WSSC charges ser-vice applicants a fixed rate that is dependent onsize and category of the connection. WSSC allowsa deferred or an installment payment only forowner occupied dwellings with a failed welland/or septic system certified by the Health De-partment. Once the owner makes an applicationfor service and the house connection is installed,then the deferred charges together with interest areassessed. (Property assessments manual § 12.0,dated October 1998)

Term of deferred connection.The deferred house connection charge is

payable for a period of time equivalent to the termof the bonds issued to finance the connection’sconstruction. Like front foot benefit charges, thecurrent bond term is 23 years which is amortizedand payable annually through the county tax bill.(Property assessments manual § 12.1, dated Octo-ber 1998)

Redemption of deferredconnection.

Also like FFBC, the deferred HC charges maybe redeemed (paid in full) to avoid the interestcharges. The pay-in-full amount includes a servicecharge designed to reimburse WSSC for part ofthe administrative cost related to processing the re-demption. All redemptions must be paid in full byMay 31st of any given year to be removed fromthe current year’s tax bill. (Property assessmentsmanual § 12.2, dated October 1998)

“Ahead-of-payment”construction.

A house connection built by WSSC prior to aproperty owner’s application for service is referredto as an “ahead-of-payment” connection. Althoughthe connection is available, no HC charges are as-sessed until an application for service is made. Therate(s) charged for the house connection wouldbe that in effect at the time of application, ratherthan those in effect at the time of construction.(Property assessments manual § 12.3, dated Octo-ber 1998)


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5.85.0105.85.0205.85.0305.85.0405.85.050

5.85.010

5.85.020

5.85.030

Subtitle II. Systems Development Charge

Chapter 5.85

REFUND OF FEES OR CHARGESASSOCIATED WITH THE SYSTEM

EXTENSION PERMIT (DEVELOPERBUILT) PROCESS

Sections:Purpose.Definitions.Procedures.Restrictions.Authority clause.

Purpose.To establish a procedure to refund fees and

charges associated with the system extension per-mit (SEP) process. (ENG 09-03 § 1)

Definitions.“Applicant” means a firm, corporation, munic-

ipality, agency, or person who owns or developsproperty and who seeks water or sewer serviceprovided by systems or facilities within the Wash-ington Suburban Sanitary District.

“Dependent project” means a project that relieson another project to be completed.

“Letter of findings” means documentation fromWSSC on acceptable layout and sizing for pro-posed water and/or sewer extensions. This corre-spondence states all pertinent hydraulic informa-tion for the proposed development and sets forthany conditions that must be met prior to servicebeing provided.

“SEP fees or charges” means any Commissionapproved fee or charge associated with the designreview, inspection and administrative costs of anSEP project from application to release for service.

SEP Phases. WSSC’s SEP developmentprocess, as defined in the Development ServicesCode, has three phases:

1. “Phase 1/planning assistance” means re-view of all proposed plan documents, such ascounty preliminary plans, site plans, detailed siteplans and hydraulic planning analysis submis-sions, for review/evaluation prior to the submis-sion of water/sewer extension design plans.

2. “Phase 2/review for system integrity”means review of all plans/documents submittedfor review/approval prior to the project beingtransmitted to the Systems Inspection Group forconstruction inspection/testing/acceptance.

3. “Phase 3/construction” means WSSC’s in-spection, testing, approval and acceptance for op-eration/maintenance of a project built by applicant.

“SEP process” means where the applicant de-signs and constructs all systems, facilities, or con-nections in accordance with WSSC standards andtechnical criteria, and transfers the same to WSSCfor operation and maintenance when the construc-tion and testing has been completed to the satis-faction of WSSC and all conditions set forth in thesystems extension permit are met.

“System extension permit (SEP)” means a per-mit issued to an applicant allowing construction ofwater and/or sewer extensions and connections inaccordance with WSSC approved plans preparedby the applicant’s engineer. Projects built under anSEP are referred to as SEP projects or developer-built projects. (ENG 09-03 § 2)

Procedures.A. To request a refund of SEP fees and charges,

an original letter signed by the applicant must besubmitted to the Development Services GroupLeader and include the following items (emails,faxes and phone calls will not be accepted):

1. SEP project number.2. Project name and, if applicable, part num-

ber corresponding to the most recently approvedhydraulic planning analysis letter of findings oramended letter of findings.

3. Nature of the request (i.e., what the refundis for).

4. Reason/justification for the request.5. Amount of the refund request and the

method (calculations) used to determine the refundamount.

6. A listing of all applicant SEP projects thatare dependent on the job, if any.

7. Whether the request is to (a) cancel theSEP project in total (all parts of the project) or (b)cancel a specific part of the SEP project and asso-ciated dependent projects.

8. A request to terminate any associated sys-tem development charge credit reimbursementagreement(s) for the SEP project(s) to be canceled.



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5.85.040

5.85.050

9. If applicable, whether a release of bonds isrequested.

B. The Development Services Group will per-form the following responsibilities:

1. Determine current project status and ser-vices provided to date.

2. Verify fees and charges received to datewith the Accounting Group.

3. Determine the appropriate fees andcharges which qualify for refund.

4. Verify project dependencies and re-search/notify other applicants who will be affectedby project cancellations.

5. Cancel applicable SEP projects and ter-minate any associated system development chargecredit reimbursement agreements.

6. If a release of bonds is requested in con-junction with a refund request and the preconstruc-tion meeting has not occurred, the DevelopmentServices Group will notify the Technical ServicesGroup that the SEP project is canceled or expiredand that the bonds may be released.

7. If the preconstruction meeting has not oc-curred for the project, notify the Systems Inspec-tion Group that the SEP project is canceled orexpired.

8. Prepare the refund request for the Devel-opment Services Group Leader’s approval.

9. Upon approval of refund, forward theoriginal payment request form and copies of theapplicant’s request to the Accounting Group forprocessing.

10. Document the refund. (ENG 09-03 § 3)

Restrictions.A. For a project either in Phase 1 or Phase 2,

if the service for which the fee or charge was as-sessed has been performed by WSSC, in whole orpart, the refund request will be denied.

B. Refunds. In conformance with the PublicUtilities Article, § 25-106, Annotated Code ofMaryland: Unless a claim for refund is filed withthe WSSC within three years from the date of pay-ment for which a refund is requested, the claimshall automatically be disallowed.

C. For a project in Phase 3, if the preconstruc-tion meeting has occurred for the SEP project orany of the associated dependent projects, the re-fund and release of bonds will be denied. Note: If arefund request results in canceling a SEP project(s)

the Development Services Group will determine ifthere are surrounding projects that are dependentupon the job(s) and notify the affected applicantsof the canceled project(s).

D. Projects canceled in Phase 1 or Phase 2 willincur new and possibly increased fees/charges ifthe project is reactivated at a future date. If re-quested in writing, Development Services Groupwill advise the applicant in writing of the specificconsequences, if any, of canceling a project or pro-jects and receiving a refund. If written confirma-tion from the applicant to proceed with the refundhas not been received within 60 days after WSSCgives such advice, Development Services Groupwill consider the refund request withdrawn. Futurerefund requests for the same project will requirea new refund request letter as set forth in WSSC5.85.030, Procedures. (Amended during 2019 cod-ification; ENG 09-03 § 4)

Authority clause.The statutory authority for the adoption of these

standard procedures is the Public Utilities Article,§§ 17-403 and 23-201, Annotated Code of Mary-land. Any conflict between these procedures andthe Annotated Code will be resolved in favor ofthe latter. (Amended during 2019 codification;ENG 09-03 § 5)

5.85.040 REFUND WITH THE SYSTEM EXTENSION PERMIT PROCESS

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5.90.0105.90.0205.90.0305.90.0405.90.0505.90.060

5.90.010

5.90.020

Chapter 5.90

SYSTEM DEVELOPMENT CHARGE LEVYAND COLLECTION

Sections:Purpose.Definitions.General.Exemptions.Refunds.Authority clause.

Purpose.A. To document the levy, collection and deposit

of the system development charge (SDC) in accor-dance with the Public Utilities Article, § 25-401et seq., Annotated Code of Maryland and WSSC’sResolution No. 98-1555.

B. Define terms and phrases referencing SDCas commonly used in the issuance of plumbingpermits. (Amended during 2019 codification; CUS98-01 § 1)

Definitions.“Apartment unit” means one of several single-

family housing units within one building and notspecifically classified as a multi-unit dwelling;e.g., individual dwelling units in garden, mediumand high-rise type residential buildings.

“Base SDC fee” means the WSSC approveddollar charge for a plumbing fixture having adrainage fixture unit value and/or a water supplyfixture unit value of one for nonresidential proper-ties or residential units with more than five toilets.The base SDC fee for residential units with five orfewer toilets is the WSSC approved dollar chargebased upon the unit’s number of toilets.

“Drainage fixture unit value” means a measureof the probable discharge into the drainage systemby a particular plumbing fixture in terms of vol-ume rate of discharge and duration of a singledrainage operation and the time period betweensuccessive operations.

“Dwelling unit” means a single-family housingunit used as a residence, including trailers and mo-bile homes.

“Hookup” means the joining of a property’s on-site water and/or sewer line(s) to the Commis-sion’s service connection or the installation of

plumbing fixtures in a building served by theCommission’s water and/or sewer facilities.

“Multi-unit dwelling” means a building that willaccommodate several housing units on a lateral ba-sis; namely, semi-attached houses, row houses ortownhouses used as residences.

“New service” means:1. The first-time hookup of a property to the

Commission’s water and/or sewer system; or2. A new connection or increased water me-

ter size for a property, previously or currentlyserved by the Commission, if the new connectionor increased meter size is needed because of achange in the use of the property or an increase indemand for service at the property.

“Nonresidential unit” means a structure not oth-erwise defined as a residential unit, generally com-mercial or industrial in nature. Examples may in-clude shopping malls, nonresidential townhouses,warehouses, industrial buildings, restaurants,schools, dormitories, hospitals, hotels, motels,nursing homes, office buildings, churches, theatersand similar commercial or industrial buildings.

“Plumbing permit” means the approved instru-ment, resulting from an application filed by a reg-istered master plumber, which allows for hookupof fixtures or on-site piping to the Commission’swater and/or sewer systems.

“Property” means an improvement(s) or build-ing(s) on a lot or parcel of land containing plumb-ing fixtures described in terms of drainage fixtureunit values or water supply fixture unit values.

“Public sponsored and affordable housing”means:

1. Any dwelling unit built or financed undera government program, regulation, or bindingagreement that limits for at least 10 years the priceor rent charged for the unit in order to make theunit affordable to households earning less than 80percent of the area median income, adjusted forfamily size;

2. Any moderately priced dwelling unit builtunder Chapter 25A of the Montgomery CountyCode or Subtitles 13 and 27 of the Prince George’sCounty Code;

3. Any productivity housing unit, as definedin Section 25B-17(m) of the Montgomery CountyCode;



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5.90.030

4. Any unit in an opportunity housing projectbuilt under Sections 56-28 through 56-32 of theMontgomery County Code or Subtitle 13, Division8, of the Prince George’s County Code, which isreserved for occupancy only by persons with lowor moderate incomes (as defined in applicable pro-visions of state and county law);

5. Any dwelling unit constructed pursuant tothe Capturing Housing Opportunities in Commu-nities Everywhere (CHOICE) program in PrinceGeorge’s County which is reserved for occupancyonly by persons with low or moderate incomes(as defined in applicable provisions of state andcounty law).

“Residential applicant” means a builder onwhose behalf a registered master plumber appliesfor and receives from the Commission plumbingpermits for construction of new residential units.

“Residential unit” means any apartment unit,dwelling unit or multi-unit dwelling, as defined inthis section, used as a residence.

“SDC sewer charge” means the product of afixture’s drainage fixture unit value and its as-sociated base SDC fee for nonresidential proper-ties or dwelling and multi-unit housing units withmore than five toilets. For residential propertieswith five or fewer toilets, the SDC sewer charge isthe Commission approved drainage portion of thebase SDC fee.

“SDC water charge” means the product of a fix-ture’s water supply fixture unit value and its asso-ciated base SDC fee for nonresidential propertiesor dwelling and multi-unit housing units with morethan five toilets. For residential properties withfive or fewer toilets, the SDC water charge is theCommission approved water supply portion of thebase SDC fee.

“Sub-district charge” means that charge estab-lished by the Commission pursuant to the provi-sions of the Public Utilities Article, § 25-101(b),Annotated Code of Maryland.

“Toilet” means a water closet, as set forth inWSSC Chapter 14.25.

“Water supply fixture unit value” means a mea-sure of the probable hydraulic demand on the wa-ter supply by a particular plumbing fixture in termsof volume rate of supply and duration of a singlesupply operation and the time period between suc-

cessive operations. (Amended during 2019 codifi-cation; CUS 98-01 § 2)

General.A. SDC is a fee established pursuant to provi-

sions of the Public Utilities Article, § 25-403(b),Annotated Code of Maryland, to help finance thecapital cost of upgrading existing plants and facil-ities as well as the construction of new capital pro-jects attributable to the addition of new service.

B. The base SDC fee level is established byCommission resolution representing a formaladoption of the fee level mutually agreed upon bythe Montgomery and Prince George County Coun-cils.

C. The SDC fee for a nonresidential property ora dwelling unit or housing unit within multi-unitdwelling with more than five toilets is determinedby the type and number of fixtures, existing and/orproposed, for which hookup to the WSSC’s waterand/or sewerage system(s) is proposed. The SDClevy is the sum of SDC water charges and SDCsewer charges, prevailing at the time of applicationfor hookup, which are associated with the individ-ual fixtures proposed for hookup.

D. The SDC fee for a residential unit with fiveor fewer toilets is determined by the number of toi-lets, existing and/or proposed, for which hookupto the WSSC’s water and/or sewerage system(s) isproposed. The SDC levy is the sum of SDC wa-ter charges and SDC sewer charges, prevailing atthe time of application for hookup, which are as-sociated with the number of toilets proposed forhookup.

E. Except as provided by subsection I of thissection, a property’s calculated SDC fee is payablein full and shall accompany the application forplumbing permit for hookup of a property’s fix-tures to the WSSC system. Any credit pursuant tothe Development Services Code, WSSC Chapter11.155, may be substituted as payment, on a dol-lar for dollar basis, as therein described. CollectedSDC fees shall be deposited in established revenueaccounts and reconciled through the Service Ap-plications and Records Section’s remittance-pro-cessing system.

F. When a request is made to add a fixture(s)to a plumbing permit which has been issued undera previous SDC rate structure and which has notreceived final inspection approval, the additional

5.90.030 SYSTEM DEVELOPMENT CHARGE LEVY AND COLLECTION

5-40




5.90.040

SDC shall be calculated and collected based uponthe fixture unit rate in effect at the time of request,except that the total SDC for a residential unit per-mit with five or less toilets shall not exceed thecurrent base SDC fee for such a unit.

G. When an application is made to add a toi-let(s) to an existing dwelling or housing unitwithin an existing multi-unit dwelling, the result-ing permit may be subject to a SDC fee only if theunit was previously assessed a SDC fee or an in-crease is required in the size of the unit’s connec-tion or meter. In either situation, a SDC fee willbe actually assessed only if the number of toiletsis being increased from one toilet based rate cat-egory to the next. For housing units with five orfewer toilets, the SDC fee assessed will be equal tothe difference in the SDC base charge currently ap-plicable to the number of existing toilets and thatapplicable to the total number of existing and pro-posed toilets. The SDC fee assessed for existinghousing units with more than five toilets is the sumof the SDC base fees at the current SDC rate struc-ture for all added fixtures.

H. When an application is made to add fixturesto a nonresidential unit, the resulting permit maybe subject to a SDC fee only if the unit was previ-ously assessed a SDC fee or an increase is requiredin the size of the unit’s connection or meter. In ei-ther situation, the SDC fee assessed is the sum ofthe SDC base fees at the current SDC rate struc-ture for all added fixtures.

I. A residential applicant who elects to delaypaying a portion of the system development chargeshall pay one-half the charge at the time of filingapplication for plumbing permit. The remainingone-half of the system development charge foreach residential unit shall be paid to the Com-mission within 12 months after the first paymentor prior to the transfer of title to the property,whichever occurs first. A residential applicantmust provide security for the remaining one-halfof the system development charge at the time offiling the plumbing permit application in one ofthe following forms:

1. An irrevocable letter of credit that is auto-matically renewed from a bank that is rated “C” orbetter by Thomson Bankwatch.

2. A financial guaranty bond in a form sub-stantially similar to the form attached here as Ap-

pendix A☰. The bond shall be executed by the ap-plicant and a corporate bonding company licensedto transact such business in the State of Marylandand named on the current list of “Surety Compa-nies Acceptable on Federal Bonds” as publishedin the Treasury Department Circular Number 570.The expense of this bond shall be paid by the ap-plicant. If at any time the surety on any such bondis declared bankrupt or loses its right to do busi-ness in the State of Maryland or is removed fromthe list of surety companies accepted on federalbonds, the applicant shall, within 10 days after no-tice from the Commission to do so, substitute anacceptable bond in such forms and sum and signedby such other surety or sureties as may be satisfac-tory to the Commission.

3. For the resident applicant who certifiesthat he or she applies for four or fewer permitsfor the construction of residential units within thesame calendar year, the General Counsel is herebyauthorized to accept other forms of security pro-posed by the applicant and that in the judgmentof the General Counsel will protect the Commis-sion’s interests in the same manner as the letterof credit and financial guaranty bond describedabove.

J. Fixtures verified by WSSC inspection priorto removal may result in credits toward SDC ina replacement structure. Following written appli-cation by a registered master plumber, postcardpermit inspections to confirm fixtures prior to re-moval will be the basis for calculating any SDCcredit. No credit will be afforded for rough-in pip-ing or fixtures removed prior to inspection. SDCcredit under this subsection may only be obtainedby submitting the original master plumber’s copyof the approved postcard permit document at thetime of application for hookup of the replacementor remodeled structure. Credit obtained under thisprovision may only be used toward the remodelingof the existing structure or the redevelopment of aproperty from which the original fixtures were re-moved. (Amended during 2019 codification; CUS98-01 § 3)

Exemptions.A. Additional fixtures installed in a structure

or building are exempt from the levy of an SDCfee only if inspection of the initial hookup of the



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5.90.050

5.90.060

building or structure’s plumbing to the WSSC’ssystem(s) was approved under a permit issued as aresult of an application filed before July 19, 1993,and the change in fixtures does not require anincrease in the property’s connection(s) or metersize.

B. The hookup of a residential unit which iscertified by Montgomery or Prince George’sCounty as being a public sponsored or affordablehousing unit, as defined by Commission Resolu-tion No. 98-1555, shall be exempted from anySDC fee.

C. The initial hookup of a residential unit tothe Commission’s water and/or sewerage systemwill be exempted from the levy of any SDC fee ifthe unit existed and was served by a private welland/or septic system on or before July 16, 1993,and the applicable WSSC water or sewer mainwas in service or its construction was the sub-ject of “formal notice to proceed” (to the WSSCcontractor) on or before the same July 16, 1993.(Amended during 2019 codification; CUS 98-01§ 4)

Refunds.A. In the event a permit to install plumbing

fixtures expires or is canceled pursuant to provi-sions of Section 206.2 of the Plumbing and Gasfit-ting Regulations, all SDC fees paid in associationwith the application for plumbing permit to hookup may be refunded, provided Code EnforcementSection’s inspection records confirm that no workcovered by the permit has been accomplished.Such refunds will be made to the original SDCpayer at the time of application.

B. SDC payments for fixtures represented onan application, but not installed, may be refundedto the original payer provided a written request forrefund is filed with the Service Applications andRecords Section prior to a request for final inspec-tion. Upon confirmation by the Code EnforcementSection that the fixtures or related rough-in workreferenced in the written request have not been in-stalled, the fixtures will be deleted from the permitdatabase record and SDC refund action will be ini-tiated.

C. The reimbursement of SDC payments tocomply with credit requirements set forth in thePublic Utilities Article, § 25-405, Annotated Codeof Maryland, shall be accomplished as specified

by the Development Services Code, WSSC Chap-ter 11.155.

D. A request for full or partial refund of previ-ously remitted SDC which has been denied may beappealed under provisions of the Public UtilitiesArticle, § 25-106, Annotated Code of Maryland.(Amended during 2019 codification; CUS 98-01§ 5)


authority for adoption of the standard procedurecodified in this chapter is the Public Utilities Ar-ticle, § 17-403 and § 25-401 et seq., AnnotatedCode of Maryland. (Amended during 2019 codifi-cation; CUS 98-01)

5.90.050 SYSTEM DEVELOPMENT CHARGE LEVY AND COLLECTION

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5.95.0105.95.0205.95.0305.95.0405.95.050

5.95.010

5.95.020

Chapter 5.95

SDC CREDITS AND REIMBURSEMENTS

Sections:Purpose.Definitions.General procedures.Procedures for wet weather projects.Authority.

Purpose.A. Define procedures for the issuance of a sys-

tem development charge (SDC) credit earnedthrough private design and construction to servethe applicant’s property. These procedures pertainonly to either an approved capital improvementprogram (CIP) project or a project that providesonly local service, is 2,000 feet or less in length,is either a sewer main 15 inches or greater in di-ameter, or water main 16 inches or greater in di-ameter and is built to avoid unnecessary and un-economical duplication when a major project isconstructed.

B. Describe how the SDC credit due an appli-cant will be determined.

C. Describe when SDC credit and reimburse-ment will occur. (IFSM-EC-2016-004 § 1)

Definitions.“Applicant” means any firm, corporation, part-

nership, joint venture, municipality, agency, per-son or persons whom WSSC has authorized todesign and construct a qualified project eligible forSDC credit or whom WSSC has required to pro-vide eligible private funding of the Commission’scosts to design and construct such a project.

“Credit voucher” means the document (Attach-ment B☰), executed by the applicant, whichserves as the instrument to obtain SDC credit as-sociated with an application for permit to installplumbing fixtures. Each credit voucher may applyonly to a single application for plumbing permitand shall:

1. Identify the qualified project from whichcredit is derived; and

2. Specify the qualified property for whichthe credit is requested; and

3. Be signed by the applicant or its autho-rized agent, be duly notarized; and

4. Show the amount to be credited in lieu ofSDC payment.

“Eligible private funding” means payment re-quired by and made to WSSC by an applicant tocover WSSC costs to design and construct a CIPproject needed to accommodate growth.

“Memorandum of understanding (MOU)”means a written agreement made between theWSSC and an applicant which covers the appli-cant’s design and construction of a CIP project andwhich identifies the estimated total applicant costseligible for SDC credit and/or reimbursement. Aqualified project built without a signed MOU isnot eligible for SDC applicant credits or reim-bursement.

“Qualified project” means any CIP facility, CIPline, sewer main 15 inches or greater, or watermain 16 inches or greater in diameter necessary toserve the applicant’s property, which is designedand constructed by and at the sole expense of anapplicant pursuant to an MOU or SEP or otheragreement. Also, any CIP project which is con-structed by WSSC that the applicant is required toprovide eligible private funding of WSSC designand construction costs.

“Qualified project scope” means the specificscope of the qualified project. For pipelines builtunder an SEP, the specific scope will be includedwith the SDC credit agreement and will includepipeline lengths and diameters, valves, vaults andany other appurtenant structures. For facility pro-jects, the specific scope of work will be includedwith the MOU.

“Qualified properties” means the specific prop-erties located within the geographic area whichWSSC identifies as served by the qualified project,as defined in WSSC 5.95.030(C).

“SDC credit” means a dollar value which iscredited to an applicant against SDC payable inconnection with qualified properties and whichequals the total eligible costs as defined in WSSC5.95.030(F) incurred by the applicant in the ap-plicant’s design and construction of a qualifiedproject or the amount of eligible private fundingmade by the applicant to cover WSSC costs to de-sign and construct a qualified project. An applicantwho designs a qualified project must also constructthat project in order to be eligible to receive SDCcredits.



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5.95.030

“SDC credit agreement” means an agreementthat summarizes the eligible costs considered forSDC credit (as described in WSSC 5.95.030(F)).The SDC credit agreement is appended to an SEP.The credit agreement is included in the MOU asAttachment A☰.

“SDC ledger” means the record of SDC creditauthorized for an applicant and the amount(s) ofSDC credit issued or reimbursed to the applicantfor fixtures covered by plumbing permits obtainedin the course of developing qualified properties as-sociated with a qualified project.

“System development charge (SDC)” means afee paid to the WSSC at the time of applicationfor a plumbing permit intended to cover the costof building CIP projects needed to accommodategrowth.

“System extension permit (SEP)” means a per-mit/agreement made between the WSSC and anapplicant pursuant to the Development ServicesCode or any subsequently adopted revisions. Aqualified project built under a system extensionpermit issued without a signed accompanyingSDC credit agreement is not eligible for SDC ap-plicant credits or reimbursement.

“Wet weather project” means proposed devel-opments connecting into or upstream of CIP sizetrunk sewer stretches that have projected sanitarysewer overflows based on existing dry weatherflow (including ground water) and rainfall depen-dent infiltration and inflow from a two-year designstorm (specified by WSSC).

All other proposed developments projected togenerate flows over 100,000 gallons per day (gpd)connecting into or upstream of CIP size trunksewer stretches that have projected sanitary seweroverflows based on existing dry weather flow (in-cluding ground water) and rainfall dependent in-filtration and inflow from a 10-year design storm(specified by WSSC). (IFSM-EC-2016-004 § 2)

General procedures.A. An applicant shall declare a desire to design

and construct a qualified project eligible for SDCcredit either as an element of its request for a hy-draulic planning analysis filed with the Develop-ment Services Group or in a written response tothe letter of findings prepared by the DevelopmentServices Group. For projects that were previously

authorized, but have not yet been issued an SEPor MOU, the applicant may request an authoriza-tion amendment to allow the applicant to designand construct a qualified project eligible for SDCcredit.

B. The applicant agrees to pay WSSC all re-view fees normally due WSSC. Letters of creditare not acceptable in lieu of fees.

C. When an applicant has requested that it bepermitted to design and construct a CIP project,the Development Services Group shall prepare amap during its hydraulic planning analysis thatidentifies the qualified properties to be served bythe CIP project which the applicant has requestedto design and construct. SDC credit will only beissued to properties within the geographic bound-aries identified in the map as qualified properties.A copy of the prepared map will be sent to the ap-plicant.

D. If WSSC either authorizes the applicant todesign and construct a qualified project or requireseligible private funding from the applicant ofWSSC’s design and construction costs, then theproperties identified as served by the project willreceive credit and/or be subject to SDC paymentswhich may be reimbursed to the applicant up tothe total eligible amount. The Permit Services Unitwill establish an applicant’s SDC ledger followingeither (1) execution of a MOU or SEP coveringapplicant design and construction of the qualifiedproject or (2) WSSC receipt of eligible privatefunding of the qualified project from the applicant.Prior to establishing the applicant’s SDC ledger,the Permit Services Unit requires a map identi-fying all qualified properties to be served by thequalified project from the Development ServicesGroup. Please note that for pipeline jobs, the appli-cant will not receive SDC credit or reimbursementunless the SDC credit agreement is signed beforethe SEP is issued.

E. The SDC ledger will reflect the total amountof SDC credit/reimbursement that the applicant iseligible to receive. If the applicant is designing andconstructing the qualified project, the ledger willinitially reflect the applicant’s SDC credit basedupon the estimated total eligible costs agreed uponin the MOU or SEP. The applicant’s initial ledgercredit amount will be adjusted to reflect the actualtotal eligible costs for the qualified project, as de-

5.95.030 SDC CREDITS AND REIMBURSEMENTS

5-44



termined by the WSSC’s Internal Audit Manager(as discussed in subsections F, G, H, I and M ofthis section), after the qualified project has beenaccepted and placed in service by WSSC. IfWSSC is designing and constructing a qualifiedproject, the ledger will reflect the total amount ofeligible private funding received from the appli-cant.

F. SDC credits may not exceed 50 percent ofthe estimated total eligible project cost (not to in-clude contingency for increase in scope items (seesubsection I of this section)) until such time as fi-nal audit is completed and the actual total eligibleproject cost is determined. Once the actual total el-igible project cost is determined, SDC credits areavailable up to the eligible project cost and quar-terly refunds (based upon SDC collected for qual-ified properties) will commence. Prior to the finalaudit, the credit voucher is the only method of re-imbursement to the applicant.

Following WSSC receipt of eligible privatefunding, SDC credits against the ledger amountmay be granted. However in the SDC credits to-ward the private funding may not exceed 50 per-cent of the total estimated project cost.

G. When an applicant is designing and con-structing a qualified project, SDC credit is the totaleligible project cost incurred and paid by the ap-plicant. The SDC credit is subject to the generalguidelines that (1) eligible costs will be the typesof costs that WSSC would have incurred hadWSSC designed and constructed the qualified pro-ject, and (2) the SDC credit will not exceed themaximum amount mutually agreed upon in theSDC credit agreement. Eligible costs must be di-rectly allocable to the qualified project. Examplesinclude but are not limited to:

1. Engineering Costs. Design, reprographics,survey (topo), soil borings, as-built drawing prepa-ration and bonding fees.

2. Permit Costs. Costs for permits thatWSSC would have had to acquire had WSSC builtthe project.

3. WSSC Fees for Pipelines. Fees for extraWSSC reviews or retesting will be considered onlyif noneligible portions of the job do not requireextra reviews or retesting. Unless mentioned oth-erwise, fees will be allocated to the qualified pro-

ject based on estimated costs and overall water andsewer project cost for the project number.

4. WSSC Fees for Facilities. All WSSC di-rect costs and overhead associated with the quali-fied project as stated in the MOU.

5. Construction Costs. Contractors bid price,survey (stake out), geotech (compaction testing),off-site restoration and construction management.

6. Interest Costs. Interest costs for fundsused during design and construction, at an averageinterest rate not to exceed the rate paid by WSSCon short-term construction notes outstanding dur-ing the period beginning with the date of WSSCsignature on the SEP or MOU agreement and end-ing when the qualified project is substantiallycomplete.

7. Off-Property Rights-of-Way. Acquisitioncosts are eligible up to amount appraised byWSSC for purchase of applicant’s off-propertyright-of-way and construction strips, plus up to 25percent of the appraised amount for direct costsassociated with purchase of off-site rights-of-wayand construction strips.

H. Examples of costs that are not eligible in-clude but are not limited to:

1. Areawide planning not directly related tothe qualified project;

2. Attorney fees;3. The WSSC hydraulic review fee;4. Costs for negotiation of SDC credit agree-

ment or MOU;5. Bonus payments or acceleration costs paid

to the contractor for completion of construction;6. Third-party inspection costs for facility

projects;7. Applicant’s overhead costs not directly at-

tributable to the qualified project;8. Costs outside the scope of the qualified

project;9. Permit costs associated with a develop-

ment rather than the qualified project;10. Site acquisition costs beyond what

WSSC would have paid;11. Facilities capital cost of money;12. Fines and penalties;13. Maintenance costs;14. Maintenance bond costs that are beyond

both two years after substantial completion and be-



5-45

yond one year after release of service or final ac-ceptance;

15. Grading of rights-of-way;16. Sediment control for grading;17. Clearing and grubbing for public rights-

of-way in which the qualified project will be in-stalled;

18. Federal and state income taxes;19. Administrative or management fees not

directly associated with the qualified project; and20. Personal injury compensation or dam-

ages.I. The maximum SDC reimbursement shall not

exceed 110 percent of the contractor bid price plusother eligible costs.

J. The SDC credit agreement will not providepayment to the applicant for costs the applicantdid not incur or for costs reimbursed to the ap-plicant from other sources. The SDC credit agree-ment will not provide any premiums for expeditedwork.

K. Prior to SDC credit agreement or MOU ap-proval, the WSSC project manager for the projectis responsible to have components of the SDCcredit agreement or MOU reviewed by other of-fices. The Contract Technical Services Unit shouldreview the applicant’s construction costs using acopy of the signed plans. Internal Audit is to re-view any item that the WSSC project manager pro-poses which is contrary to subsections G and Hof this section. Other appropriate WSSC officesshould be consulted such as the Land AcquisitionUnit for additional land acquisition costs and thePlanning Group for planning costs.

L. For qualified projects, the SEP or MOUagreements should indicate that the maintenancebond should remain in effect at least two years be-yond the date of release for service for SEP pro-jects or at least one year beyond the date of finalacceptance for MOU projects. The applicant willsubmit a written request for audit to WSSC’s In-ternal Audit Manager after the qualified projectbuilt by the applicant has been released for service(pipelines) or finally accepted (facilities). Alongwith the request, the applicant must submit anitemized listing of eligible qualified project costs,incurred and paid, supporting the total amount ofSDC credit claimed. It should be emphasized thatthe applicant should retain all the contracts, in-

voices and payments for WSSC Internal Audit toinspect and review to determine the SDC credits.

M. In compliance with Public Utilities Article,§ 25-405(d), Annotated Code of Maryland,WSSC’s Internal Audit Manager shall review andapprove the costs incurred by the applicant. TheInternal Audit Manager will strive to initiate theaudit within 90 days of the applicant’s request, ifthe request includes the required itemized cost list-ing. The Internal Audit Report will be the formaldocument that communicates the final results ofthe audit to WSSC and the applicant. When an au-dit is complete, prior to the final Internal AuditReport, the Internal Audit Manager will issue tothe applicant an unsigned discussion draft to al-low the applicant an opportunity to discuss withInternal Audit any concerns the applicant has withthe proposed SDC credit. Subsequently, the Inter-nal Audit Manager will issue to the applicant itsfinal report on the SDC credit to be provided theapplicant.

N. SDC credits against an applicant’s SDCcredit balance will be issued by WSSC upon re-ceipt of a complete and fully executed creditvoucher submitted at the time of plumbing permitapplication. The application must be made in con-nection with a qualified property served by thequalified project being built by the applicant. Also,the amount specified in the credit voucher shall notexceed the calculated SDC for plumbing fixturescovered by the permit application. Credit vouchersreflecting and specifying an amount in excess ofcalculated SDC for the requested permit will notbe accepted. The plumbing permit will be issuedafter verification that a sufficient credit balance re-mains to cover the credit voucher amount. Insofaras possible, credit vouchers will be considered ona “first come – first served” basis. For a plumb-ing permit application accompanied by a creditvoucher for which an applicant’s credit balancehas been exhausted, the credit voucher and the as-sociated application will be returned to the appli-cant. WSSC is not responsible for managing orassisting the applicant in managing the issuance ofcredit vouchers. Managing the issuance of creditvouchers is not an eligible cost of reimbursement.

O. In the event an issued plumbing permit ex-pires or is canceled by the owner or plumber, noSDC reimbursement to the applicant will be ap-

5.95.030 SDC CREDITS AND REIMBURSEMENTS

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https://municipal.codes/MD/Code/GPU/25-405(d)

5.95.040

proved for that permit. In such cases, any creditvoucher will be voided and the credit amountadded to the applicant’s outstanding ledger bal-ance.

P. In conformance with subsection S of this sec-tion, SDC payments received in association withapplications for plumbing permits for qualifiedproperties will be identified as eligible for reim-bursement (after the Internal Audit Report hasbeen completed – see subsection M of this section)to the applicant who has constructed the qualifiedprojects serving those qualified properties.

Q. For those situations where more than onequalified project serves a qualified property, SDCreimbursement payments shall be made in propor-tional shares to the applicants who have built orfunded the qualified projects. A proportional shareis calculated based upon a qualified project’s ac-tual eligible costs or funding expressed as a per-centage of the sum of all actual eligible costsand/or funding of qualified projects serving thequalified property.

R. At the conclusion of each calendar quarter,the Permit Services Unit will determine the totalSDC receipts eligible for reimbursement made foreach previously identified qualified property. Onlythose SDC receipts filed in association withplumbing permits under which all covered workhas received an approved final inspection are eli-gible for reimbursement.

S. Based upon the quarterly reconciliation, thePermit Services Unit will prepare and forward tothe Accounting Group a payment request to bemade to the appropriate applicant in an amountequal to the sum of qualifying SDC receipts notyet reimbursed, and a memorandum recommend-ing reimbursement of SDC receipts and identify-ing the maximum amount recoverable. The mem-orandum shall be accompanied by a statement de-tailing eligible plumbing permits.

T. Following review of the recommended reim-bursement, the Accounting Group will forward thepayment request and supporting documentation tothe Disbursements Group which will issue pay-ment to the applicant.

U. When an applicant has designed and con-structed a qualified project, the sum of SDC cred-its and reimbursements pursuant to this procedurewill be made only to the maximum determined by

the Internal Audit Report and only to the applicantidentified in the MOU or SEP.

V. The applicant may issue credit vouchers tomultiple builders to facilitate construction of res-idential or nonresidential structures within thequalified property and reimbursement of qualifiedproject costs. If the applicant wishes to transfer itsright and title to any remaining SDC credit from aqualified project, the applicant shall notify the Per-mit Services Unit of the requested transfer. Suchnotification shall be in writing and shall identifythe single entity to receive the entire remainingbalance of SDC credit from a qualified project.The Permit Services Unit will acknowledge thecredit transfer and forward the written request forinclusion in the qualified project’s MOU or SEPas an amendment. Thereafter, all qualified prop-erty SDC credits or reimbursements will be issuedto the last designated entity in the MOU or SEP asamended.

W. Notwithstanding any other provision of thischapter, SDC credit or reimbursements for costsidentified in subsection D of this section are lim-ited to SDC transactions for qualified propertiesserved by the qualified project within a 20-yearperiod, or until the sum of credits and reimburse-ments equals the total approved SDC credit. The20-year period will commence for SEP, MOU, oreligible funding projects on the day of release forservice. At the conclusion of the 20-year period,the Permit Services Unit will close the SDC re-imbursement ledger and will provide written noti-fication of exhaustion or termination of the SDCcredit to the last designated recipient. (IFSM-EC-2016-004 § 3)

Procedures for wet weatherprojects.

A. Notwithstanding any other provision of thischapter, for wet weather projects only, WSSC mayissue SDC reimbursements to the applicant fromSDC funds collected from the entire county inwhich the qualified project is located.

B. Prior to the final audit, the developer maysubmit quarterly invoices for reimbursement (lessany SDC vouchers for the developer’s project) forup to 80 percent of the estimated total eligiblecosts agreed upon in the MOU or SEP. All invoicessubmitted shall be subject to review and approvalby the Development Services Group Project Man-



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5.95.050

5.105.0105.105.0205.105.0305.105.040

5.105.010

5.105.020

ager assigned to the project, or another staff mem-ber as designated by the Development ServicesGroup Leader.

C. WSSC shall reimburse the Developer forquarterly invoices submitted pursuant to subsec-tion B of this section by first drawing from the el-igible SDC receipts from properties served by thequalified project as set forth in WSSC 5.95.030(R)and (S). Should the SDC receipts from the qual-ified project become insufficient to cover the in-voices, WSSC shall reimburse the developer fromSDC funds from the entire county.

D. Following the final audit conducted pur-suant to WSSC 5.95.030(M), additional reim-bursements and credits will be made by WSSC, upto maximum eligible costs as set forth in WSSC5.95.030(I). (IFSM-EC-2016-004 § 4)

Authority.The General Counsel certifies that the standard

procedure codified in this chapter was adoptedpursuant to the authority as set forth in the PublicUtilities Article, §§ 17-403 and 25-405, AnnotatedCode of Maryland. (IFSM-EC-2016-004 § 5)

Subtitle III. Investments and Loans

Chapter 5.105

LOCAL BUSINESS INVESTMENT ANDGROWTH (BIG) PROGRAM

Sections:Purpose.Definitions.Authority.Procedure.

Purpose.The goal of this program is to enhance and eco-

nomically empower local business lending byplacing deposits in community banks headquar-tered in Prince George’s and Montgomery Coun-ties and deemed safe and sound in order to gen-erate jobs for the benefit of the residents in bothcounties, while providing the Washington Subur-ban Sanitary Commission (WSSC) with a compet-itive rate of return on those deposits, which will becovered by FDIC insurance. (FIN-FI-2018 § I)

Definitions.In this chapter, the following terms have the

meanings indicated:“Certificate of Deposit Account Registry Ser-

vice (CDARS)” means a U.S. for-profit servicethat breaks up large deposits (from individuals,companies, nonprofits, public funds, etc.) andplaces them across a network of more than 3,000banks and savings associations around the UnitedStates. This allows depositors to deal with a singlebank that participates in CDARS but avoid havingfunds above the Federal Deposit Insurance Corpo-ration (FDIC) deposit insurance limits in any onebank. With the CDARS service, the customer’s lo-cal bank sets the interest rate that will be paid onthe entire deposit amount, and the customer getsone consolidated statement from that bank. Thecompany that provides CDARS is the PromontoryInterfinancial Network.

“Community bank” means a depository institu-tion that is owned and operated in Prince George’sor Montgomery County. Community banks tend tofocus on the needs of the businesses and familieswhere the bank holds branches and offices. Lend-ing decisions are made by people who understand

5.95.050 LOCAL BUSINESS INVESTMENT AND GROWTH (BIG) PROGRAM

5-48




5.105.030

5.105.040

the local needs of families and businesses. Em-ployees often reside within the communities theyserve. The aggregate asset size of a communitybank, according to the Federal Reserve Board andthe Government Accountability Office, is less than$10 billion.

“Local business” means a company which pro-vides goods or services to residents or businesseslocated in Prince George’s or Montgomery Countyand is either a locally owned business (including afranchise) or a corporate branch operating withinthe two counties.

“North American Industry Classification Sys-tem (NAICS)” means the standard used by federalstatistical agencies in classifying business estab-lishments for the purpose of collecting, analyzing,and publishing statistical data related to the U.S.business economy. (FIN-FI-2018 § II)

Authority.The local business and investment growth

(BIG) program operates as part of WSSC’s invest-ment portfolio and as such must be managed inconformance with federal, state, and other legal re-quirements, including the Local Government Ar-ticle, § 17-205, Annotated Code of Maryland, andthe State Finance and Procurement Article,§ 6-222, Annotated Code of Maryland, which gov-erns the investment of public funds. (FIN-FI-2018§ III)

Procedure.A. Eligibility Requirement.

1. Community banks that maintain theirheadquarters in Prince George’s or MontgomeryCounty.

2. At the time of application to participatein the program, the bank must have assets greaterthan $200 million and less than $10 billion basedon asset levels as reported in the most recentFFIEC Call Report or TFR Report. The most re-cent report will be supplied to WSSC by the bankwith the acknowledgment form.

3. Ratings must fall within the top rating cat-egories as reported by the VERIBANC RatingSystem, i.e., the rating must be Green* or better.VERIBANC information with a sample report isattached to the standard procedure codified in thischapter as Exhibit A (https://www.verib-anc.com/RatingSystem.php).

4. The bank must not be subject to any agree-ment with any regulatory agency.

5. Participating banks will agree to make andmaintain business loans and/or commercial realestate loans in an aggregate amount equal to atleast 200 percent of the deposits placed in thebank by WSSC under the program. Eligible loansmust be to businesses located within either or bothPrince George’s and Montgomery Counties andmust be originated within 12 calendar months ofthe commitment by WSSC to the participatingbank to make deposits under the program.

B. Administrative Process.1. WSSC will communicate with all eligible

banks, notify them of the BIG program, providethem with a copy of all documentation required byWSSC, respond fully to all questions from eligiblebanks, request a written indication of each eligiblebank’s intent to participate and request the execu-tion of an acknowledgment to adhere to the pro-gram procedures set forth herein.

2. The participation level of each bank willbe based on the percentage of its capital to the totalcapital of all participating community banks. Theallocation will be adjusted annually based on thedata in the year end (December 31st) Federal Fi-nancial Institutions Examination Council (FFIEC)Call Report or Thrift Financial Report (TFR).

C. Investment Process.1. At the inception of the program, and upon

execution of acknowledgements from all partici-pating banks, WSSC will entertain an offer fromall participating banks to accept Certificate of De-posit Account Registry Service (CDARS) certifi-cate of deposits for various maturities.

2. In no event can the yield offered by partic-ipating banks be inconsistent with WSSC’s invest-ment policy. WSSC will place deposits with theparticipating banks up to each bank’s maximumparticipation level based on a total BIG programinvestment to be determined by the Chief Finan-cial Officer (CFO) consistent with the WSSC in-vestment policy.

3. As the CDARS deposits mature, WSSCwill renew the maturing deposits among the partic-ipating banks unless the liquidity needs of WSSC,as determined by the CFO, would require a reduc-tion or suspension of this program.



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https://www.veribanc.com/RatingSystem.php

https://www.veribanc.com/RatingSystem.php

4. Participating banks will agree that ratespaid on the renewal CDARS of staggered matu-rities will be based on Monday’s closing UnitedStates (U.S.) Treasury constant maturity rate less12.5 basis points. For example, the rates would bethe:

a. Twenty-six-week CDARS rate: six-month U.S. Treasury constant maturity less 12.5basis points; or

b. Fifty-two-week CDARS rate: 12-monthU.S. Treasury constant maturity less 12.5 basispoints.

5. Rates paid to WSSC will be reevaluatedon an annual basis.

6. WSSC may consider expanding theamount invested in the BIG program based on liq-uidity needs, diversification of assets and institu-tions, investment return potential from other assetclasses and other factors consistent with WSSC’sinvestment policy.

D. Reporting Process.1. On March 1st of each year of the BIG pro-

gram, each participating bank will provide the fol-lowing information to WSSC for the prior year:

a. Total amount of WSSC deposits underthe program for the prior year including the aver-age balance for the year and the balance as of De-cember 31st.

b. Total dollar value of Prince George’sand Montgomery Counties business and/or com-mercial real estate loans held as of December 31st.

c. Total number and outstanding amountof such loans originated in the prior year as a resultof the program.

d. For each loan, the bank will also reportthe location and the type of business. Businesstype to be identified by the two-digit North Ameri-can Industry Classification System (NAICS) code.

2. The WSSC Finance Team will use the dataprovided by the participating banks to produce anannual report documenting the performance of theBIG program from the prior calendar year includ-ing:

a. Investment income earned from the in-vestments.

b. Estimated jobs created in the localeconomy by the loans made from deposits.

c. Total amount of loans made to localbusinesses from BIG program deposits made overthe prior calendar year.

E. Authority. The General Counsel certifiesthat the statutory authority for the adoption of thestandard procedure codified in this chapter is thePublic Utilities Article, § 17-403(a)(1), AnnotatedCode of Maryland, and the Local Government Ar-ticle, § 17-204, Annotated Code of Maryland.(FIN-FI-2018 § IV)

5.105.040 LOCAL BUSINESS INVESTMENT AND GROWTH (BIG) PROGRAM

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https://municipal.codes/MD/Code/GPU/17-403(a)(1)


6.056.156.25

6.306.35

Title 6

PROCUREMENT

Chapters:

Subtitle I. General

Centralized Bidder Registration (CBR) ProceduresProcurement RegulationsSupplier Guide for Supplier Registration and Solicitation Access

Subtitle II. Supplier Diversity

Minority Business Enterprise (MBE) ProgramSmall Local Business Enterprise (SLBE) Program

6-1

6.05.0106.05.0206.05.030

6.05.040

6.05.010

6.05.020

Subtitle I. General

Chapter 6.05

CENTRALIZED BIDDER REGISTRATION(CBR) PROCEDURES

Sections:Purpose.Definitions.Registration requirements andprocedure.Authority clause.

Purpose.To establish registration requirements for poten-

tial bidders, suppliers and vendors who want todo business with the Washington Suburban San-itary Commission (“Commission” or “WSSC”).Firms interested in doing business with the Com-mission must register online, at no cost, specifyingthe goods and/or services they wish to provide.This system will also allow potential bidders, sup-pliers and vendors to maintain their specific bidderinformation (the “bidder profile”). Only firms thathave registered in the Centralized Bidder Registra-tion (CBR) system at the time of bid opening orproposal submission due date are eligible to enterinto contracts with WSSC. (ACQ 10-01 § I)

Definitions.“Acquisition Office” means the office that is ac-

countable and responsible for the centralized pur-chasing function for the procurement of all goodsand services on behalf of the Commission includ-ing but not limited to supplies and material ser-vices, architectural and engineering services, con-struction, construction services, and professionalservices.

Active Status. An active status indicates that thefirm is able to respond to solicitations for theirspecified primary or secondary North AmericanIndustry Codes.

“Authentication code” means the ID and pass-word assigned to a firm by the CBR system.

“Bidder” means a firm submitting a price orproposal in response to an invitation for bid (IFB)or request for proposal (RFP) issued by the Com-mission.

“CBR expiration” occurs at the end of any 24consecutive months during which a registered firmfails to either access or update, modify, corrector revise as needed its bidder profile. Failure toaccess (or update, modify, correct or revise) thebidder profile within the 24 consecutive month pe-riod will result in the bidder profile being changedto inactive status and such firm will be unableto receive email notifications of bid opportunitiesinvolving the firm’s North American IndustryCode(s).

“CBR View Bid Opportunity” means the tabwithin the CBR website to which the Commissionwill post all IFBs, RFPs and other solicitations andwill include a brief description of the commodityor services required, the designated NAICS code,the name of the acquisition consultant, the closingdate and time. In addition, this tab will display allbid tabulation sheets related to the posted solicita-tion after the closing date.

“Centralized Bidder Registration (CBR)” meansan automated web-based system into which all po-tential bidders, suppliers and vendors that areready, willing and able to provide goods and/orservices to the Commission submit basic contact,demographic and product (or service) informationconcerning their firms. The CBR system assignsa unique user ID and password to each registrantthat allows full access to bid opportunities listedon the CBR “View Bid Opportunity” tab.

“Eligible status” describes the status of a regis-tered firm that may participate and respond to anyWSSC solicitation that requires small, local andminority business participation.

“Inactive status” describes the status of a regis-tered firm that is disqualified from responding toany WSSC solicitation because its CBR has ex-pired.

“Ineligible status” describes a registered firmwhose MBE status or SLBE status expired (see de-finitions of “MBE status expiration” and “SLBEstatus expiration”).

“MBE status expiration” occurs when a regis-tered firm fails to notify the Commission that thecertifying agency has timely renewed, extended orreinstated the firm’s MBE certification. A regis-tered firm’s failure to renew or extend its MBEstatus prior to the expiration date listed on thebidder’s profile (or to obtain reinstatement of any



6-3

6.05.030

expired certification) and to notify the SLMBE Of-fice accordingly will result in the bidder’s profilebeing changed to ineligible status; such firms willnot be eligible to participate in MBE requirements.

“Minority business enterprise (MBE)” meansany legal entity that is organized to engage in com-mercial transactions, which is at least 51 percentowned and controlled by one or more minoritypersons, and which has been certified as minority-owned by the Maryland Department of Trans-portation, Prince George’s County GovernmentMinority Business Development Division, the Dis-trict of Columbia Office of Small Local BusinessDevelopment, or any governmental certificationagency which substantially duplicates the require-ments of the Maryland Department of Transporta-tion.

“North American Industry Code (NAICS)”means a six-digit code identifying the commodityand/or services for which a firm wishes to receiveemail notifications of bid opportunities from theCommission. The NAICS was developed as thestandard for use by federal statistical agencies inclassifying business establishments for the collec-tion, analysis, and publication of statistical data re-lated to the business economy of the U.S.

“Primary NAICS” means the NAICS corre-sponding to the commodity or service that ac-counted for the greatest revenue during the regis-tered firm’s most recently completed fiscal year.

“Secondary NAICS” means an NAICS, in addi-tion to the primary NAICS, for those commoditiesor services for which a registered firm may be in-terested in receiving bid notifications.

“SLBE status expiration” occurs when a regis-tered firm fails to obtain timely renewal, extensionor reinstatement of its SLBE status from the Com-mission. A registered firm’s failure to recertify itsSLBE status upon receipt of written notice fromthe SLMBE Office will result in the bidder’s pro-file being changed to ineligible status. Such firmwill not be eligible to participate in SLBE require-ments.

“Small, Local and Minority Business Enterprise(SLMBE) Office” means the office established byArticle 29, § 3-109(b)(2), Annotated Code ofMaryland.

“Small local business enterprise (SLBE)”means an independently owned and operated busi-

ness, regardless of race, ethnicity or gender, witha net worth initially defined by the State of Mary-land. Located in Montgomery or Prince George’sCounty or has 25 percent of its employees domi-ciled in one or both counties.

The criteria for a small business qualifying un-der the State Small Business Preference Programare as established in regulations adopted by theDepartment of General Services (DGS) underState Finance and Procurement Article, § 14-203,Annotated Code of Maryland, so that WSSC sizestandards would not change as the state’s DGS.(Amended during 2019 codification; ACQ 10-01§ II)

Registration requirements andprocedure.

A. A firm wishing to do business with theCommission must be in active status, withinWSSC’s CBR system at the time of bid openingor proposal submission due date. The CBR processallows firms to identify those goods and servicesthey wish to offer to the Commission and to in-form the Commission, where appropriate, of theirMBE and/or SLBE status.

B. Firms intending to perform work for, or sup-ply goods to, the Commission must be registeredon the CBR website at the time of bid opening orproposal submission due date. A firm registeringfor the first time must provide all mandatory infor-mation, as identified by a red asterisk.

C. When registering, a firm will receive an au-thentication code (user ID and password) that willallow it to access or edit its registration informa-tion online whenever the need arises. Any firmwishing to respond to, download, or physically ob-tain bid documents must have attained active sta-tus in the CBR system at the time of bid openingor proposal submission due date and have receivedan authentication code. This code enables the firmto access its bidder profile.

D. Firms must identify a primary NAICS in-dustry code for goods or services they wish to pro-vide to the Commission when registering. Theymay enter secondary NAICS industry codes forgoods or services they may be interested in provid-ing to the Commission. Once a firm has selectedits specific codes and a valid email address withits point of contact, the firm will automatically re-ceive an email notification each time a solicita-

6.05.030 CENTRALIZED BIDDER REGISTRATION (CBR) PROCEDURES

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6.05.040

tion for the selected goods or services (primaryand secondary NAICS codes) is posted to the CBR“View Bid Opportunity” tab.

E. Registered firms in the CBR system can up-date their information by accessing the CBR sys-tem from the Commission’s website, www.wss-cwater.com, or directly on the CBR site atwww.cbr-wssc.com. These websites are available24 hours a day, seven days a week.

F. Firms claiming SLBE status when register-ing in the CBR system must indicate “yes” to theappropriate question. The CBR system will au-tomatically forward an email to the SLMBE Of-fice, which will validate the firm’s status as anapproved WSSC SLBE. The SLMBE Office, aftervalidation, shall update the firm’s record in theCBR system to indicate the firm’s SLBE eligibil-ity. Based on SLMBE Office review and validationprocedures, all firms will receive an email notifi-cation regarding their status in the SLBE programfrom the SLMBE Office. Contact information forthe SLMBE Office will be included.

G. Firms claiming MBE status when register-ing in the CBR system must: (1) indicate “yes” tothe appropriate question; (2) identify the agency(or agencies) that granted certification; and (3) for-ward a copy of all certification letters to theSLMBE Office. The CBR system will automat-ically forward an email to the SLMBE Office,which, upon receipt of the certification letters, willvalidate the firm’s status as a certified MBE. TheSLMBE Office, after validation, shall update thefirm’s record in the CBR system to indicate thefirm’s MBE status. Firms who are denied status,based on SLMBE Office review and validationprocedures, will receive an email notification thatthey are ineligible for the MBE program. Contactinformation for the SLMBE Office will be in-cluded.

H. Accuracy of all information in a firm’s bid-der’s profile, such as contact names, mailing ad-dresses, phone and fax numbers, and email ad-dresses, is the firm’s exclusive responsibility. Eachfirm must access its CBR profile at least onceevery 24 months from the date the firm completedits first CBR registration. The CBR system will is-sue an email notification 30 days prior to the firm’sanniversary date and every 24 months thereafter.The email will advise the firm that it must review

and/or update its bidder profile in the CBR sys-tem. Failure to review and/or update (i.e., click ona field) in its bidder profile within that 30-day pe-riod will place the firm in inactive status. Firmsmay update their profile anytime. Any modifica-tion to a bidder profile by a firm in inactive statuswill automatically transfer the firm to active status.(Refer to Appendix A☰, Disclaimer.)

I. Firms whose SLBE status has expired will beunable to participate in requirements limited to, orsubcontracting requirements identified for, SLBEsuntil such time as the SLMBE Office has receivedsatisfactory evidence that the firm’s SLBE certifi-cation has been renewed, extended or reinstated.The SLMBE Office is responsible for notifyingthe firm of the expiration of their SLBE status.The SLMBE Office will update files upon final ap-proval by the Director of the SLMBE Office.

J. Firms whose MBE status has expired will beunable to participate as a certified MBE in Com-mission bidding opportunities or subcontractingrequirements identified for certified MBEs untilsuch time as the SLMBE Office has received sat-isfactory evidence that the certifying agency hasrenewed, extended or reinstated the firm’s MBEstatus and the Director of the SLMBE Office hasconfirmed such action by the certifying agency.

K. The Acquisition Office will: post all bid op-portunities (including associated closing date andtime); notify by email all registered bidders underthe selected NAICS code; post all addendums, ifany; and post bid tabulation after closing date andtime on the CBR “View Bid Opportunity” tab.

L. The CBR will be the only source for WSSCIFBs, RFPs and solicitations.

M. Subcontractors working on Commissioncontracts are strongly encouraged to register in theCBR.

N. The Acquisition Office will administer theCBR on behalf of the Commission. (ACQ 10-01§ III)


authority for the adoption of the standard proce-dure codified in this chapter is Article 29, § 9-101,Annotated Code of Maryland. (ACQ 10-01 § IV)



6-5

https://municipal.codes/MD/WSSC/Code/Media/ACQ1001.pdf#page=7

6.15.010

6.15.020

6.15.0306.15.0406.15.0506.15.0606.15.070

6.15.080

6.15.090

6.15.1006.15.110

6.15.120

6.15.130

6.15.140

6.15.150

6.15.160

6.15.170

6.15.180

6.15.190

6.15.2006.15.210

6.15.220

6.15.2306.15.2406.15.250

6.15.260

6.15.270

6.15.2806.15.2906.15.3006.15.3106.15.3206.15.3306.15.3406.15.3506.15.3606.15.370

6.15.380

6.15.3906.15.4006.15.4106.15.4206.15.4306.15.4406.15.4506.15.460

6.15.4706.15.480

6.15.4906.15.500

Chapter 6.15

PROCUREMENT REGULATIONS

Sections:


Authority, rules of construction, andpurposes.Requirement of good faith andethics.Application of this chapter.Severability.Repealer.Effective date.Definitions.

Article II. Procurement Organization

Office of the Chief ProcurementOfficer.Authority of the Chief ProcurementOfficer.

Article III. Socioeconomic Programs

Socioeconomic programs.Statement of policy and itsimplementation.Socioeconomic duties of the ChiefProcurement Officer.Discretionary duties of the ChiefProcurement Officer – Bonding.MBE and SLBE procurementassistance.Report to General Manager/ChiefExecutive Officer and theCommission.Meeting green goals andenvironmental compliance.

Article IV. Source Selection and ContractFormation

General provisions for sourceselection for goods, supplies andservices.Extension of time for bid orproposal acceptance.

Extension of time on indefinitequantity contracts.Only one bid or proposal received.Multiple or alternate bids orproposals.Bid and performance bonds forsupply contracts or servicecontracts.Unsolicited offers.Novation or change of name.Conditioning bids or proposals uponother awards.Purchase of items separately fromconstruction contract.Intergovernmental and cooperativepurchasing.Public entity contracts.Bridge contracts.Methods of source selection.Competitive sealed bidding.Competitive sealed proposals.Small purchases.Sole source procurements.Emergency procurements.Special procurements.Cancellation of invitations for bidsor requests for proposals.Responsibility of bidders andofferors.Prequalification of suppliers.Substantiation of offered prices.Types of contracts.Multi-year contracts.Multiple awards.Right to inspect plant and facilities.Right to audit records.Project delivery methods – ChiefProcurement Officer authority.Bid security.Contract performance and paymentbonds.Insurance.Exceptions to competitiveprocurement procedures – Policy.

6.05.040 PROCUREMENT REGULATIONS

6-6


6.15.510

6.15.520

6.15.5306.15.5406.15.550

6.15.5606.15.570

6.15.010

6.15.020

6.15.030

Article V. Construction and Design/BuildContracts

Application of Maryland AnnotatedCode.Application of regulations.

Article VI. Legal and Contractual Remedies

Protests of solicitations and awards.Debarment or suspension.Solicitations or awards in violationof law.Contract dispute resolution.Contract terminations.


Authority, rules of construction,and purposes.

A. Authority and Construction. The procure-ment regulations (“regulations”) codified in thischapter are issued pursuant to the Public UtilitiesArticle, § 17-403, Annotated Code of Maryland.Further, the regulations codified in this chapter aresubject to all relevant provisions of: the PublicUtilities Article, Annotated Code of Maryland; theWashington Suburban Sanitary Commission(WSSC) Delegation of Authority (adopted May10, 2010, effective July 1, 2010), including subdel-egations by the General Manager/Chief ExecutiveOfficer; the WSSC Code of Ethics (as amended)(WSSC Chapter 1.70); any and all amendmentsand revisions to the Public Utilities Article, Dele-gation of Authority and Code of Ethics that maybe enacted or adopted from time to time; and anygenerally accepted interpretation of the foregoingauthorities by a court or by the Maryland AttorneyGeneral’s Office. All of the aforementioned maybe hereinafter collectively or individually referredto as the “legal authorities.” To the extent any pro-vision of this chapter conflicts in any manner withthe legal authorities, the legal authorities shall con-trol.

B. Purposes and Policies. The underlying pur-poses and policies of this chapter are:

1. Streamlining. To simplify, clarify, andmodernize the regulations governing procurementby WSSC;

2. Continuous Improvement. To permit thecontinued development of procurement policiesand practices by WSSC;

3. Consistency. To promote consistency withand among the procurement laws and regulationsof WSSC;

4. Confidence. To provide for increased pub-lic confidence in the procedures followed in publicprocurement;

5. Equity. To ensure the fair and equitabletreatment of all persons who deal with the procure-ment system of WSSC;

6. Cost Effectiveness. To provide increasedeconomy in WSSC procurement activities and tomaximize the purchasing value of public funds en-trusted to WSSC to the fullest extent practicable;

7. Competition. To foster effective broad-based competition within the free enterprise sys-tem;

8. Integrity. To provide safeguards for themaintenance of a procurement system of qualityand integrity; and

9. Transparent Efficiency. To obtain in atransparent, cost-effective, and responsive mannerthe goods and supplies, services, professional ser-vices, architectural and engineering services, andconstruction services required by WSSC to betterserve all rate payers in the Washington SuburbanSanitary District. (Procurement regulations§ 1-101, dated August 1, 2012)

Requirement of good faith andethics.

A. This chapter requires all parties involved inthe negotiation, performance, or administration ofcontracts and procurement by WSSC to act ingood faith and to strive at all times to give everyappearance of acting in good faith.

B. All employees of WSSC and all persons par-ticipating in WSSC procurement processes are re-quired to practice ethical behavior at all times, andare required to comply with all applicable provi-sions of the WSSC Code of Ethics. (Procurementregulations § 1-102, dated August 1, 2012)

Application of this chapter.This chapter applies only to contracts solicited

or entered into on or after the effective date of theregulations codified in this chapter. Nothing in thischapter, or in instructions or procedures promul-



6-7


6.15.040

6.15.050

6.15.060

6.15.070

gated hereunder, shall prevent WSSC from com-plying with the terms and conditions of any grant,gift, bequest, or cooperative agreement. (Procure-ment regulations § 1-103, dated August 1, 2012)

Severability.If any provision of this chapter or any applica-

tion thereof to any person or circumstance is heldinvalid, such invalidity shall not affect other pro-visions or application of this chapter which can begiven effect without the invalid provision or appli-cation. The provisions of this chapter are declaredto be severable. (Procurement regulations § 1-104,dated August 1, 2012)

Repealer.On the effective date set forth in WSSC

6.15.060, the WSSC standard procedures listed inExhibit A☰ hereto shall be repealed. The ChiefProcurement Officer reserves the right to add stan-dard procedures to Exhibit A from time to time,and shall make all reasonable efforts to providepublic notice of changes to Exhibit A. (Procure-ment regulations § 1-105, dated August 1, 2012)

Effective date.The regulations codified in this chapter shall be-

come effective on August 1, 2012. (Procurementregulations § 1-106, dated August 1, 2012)

Definitions.The words defined in this section shall have the

meanings set forth below whenever they appear inthis chapter, unless the context in which they areused clearly requires a different meaning:

“Architectural and engineering services” meansprofessional services of an architectural or engi-neering nature; or required to be performed or ap-proved by a person licensed, registered, or cer-tified to provide such services; or related to re-search, planning, development, design, construc-tion, alteration, or repair of real property; or in-cidental services which such individuals perform,including studies, investigations, surveying, map-ping, tests, evaluations, consultations, comprehen-sive planning, program management, conceptualdesigns, plans and specifications, value engineer-ing, construction phase services, soils engineering,drawing reviews, preparation of operating andmaintenance manuals, and other related services.

“Bidders list” means the list of sources of sup-ply for each category of goods and supplies, ser-vices, or construction purchased by WSSC.

“Bidding time” means the period of time be-tween the date of distribution of the invitation forbids and the time and date set for receipt of bids.

“Bridge contract” means a WSSC contract thatpiggybacks on terms and prices of contracts orportions of contracts from another public purchas-ing agency.

“Business” means any corporation, partnership,individual, sole proprietorship, joint stock com-pany, joint venture, or any other private legal en-tity.

“Bylaws” means those updated Bylaws, Rules,and Regulations (WSSC Chapter 1.15) adoptedby the Commission pursuant to Resolution No.2010-1866, dated February 17, 2010, and effectiveMarch 17, 2010, as amended.

“Capability” means capability at the time ofaward of the contract.

“Change order” means a unilateral written ordersigned by the Chief Procurement Officer or de-signee, directing the contractor to make changeswithout the consent of the contractor. The ChiefProcurement Officer will not normally be pre-cluded from seeking the consent of a contractor toa change order.

“Chief Procurement Officer” means the personholding the position created in WSSC 6.15.080,as the head of the central procurement and supplychain management function of WSSC.

“Commission” means the Washington SuburbanSanitary Commission (WSSC).

“Construction” means the process of building,altering, repairing, improving, or demolishing anypublic facility, including any public structure, pub-lic building, pipelines, plants, infrastructure, orother public improvements of any kind to realproperty. It does not include the routine operation,routine repair, or routine maintenance of any exist-ing public facility, including structures, buildings,plants, pipelines, infrastructure, or real property.

“Contract” means all types of WSSC agree-ments for the procurement or disposal of goodsand supplies, services, professional services, archi-tectural and engineering services, or construction,regardless of what they may be called.


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“Contract amendment” means any revision oralteration of the specific contract or its conditionswhether it is a mutually agreed upon bilateral con-tract modification or a unilateral change order.

“Contract Manager” means certain employeesof a WSSC using department and so designated bythe head of the using department and acceptableto the Chief Procurement Officer, possessing re-quired qualifications and training, who are as-signed to assist the using department and the Of-fice of the Chief Procurement Officer in the moni-toring and administration of contracts.

“Contract modification” means any bilateralwritten alteration in specifications, delivery point,rate of delivery, period of performance, price,quantity, or other provisions of any contract ac-complished by mutual action and consent of theparties to the contract.

“Contracting Officer” means the Chief Procure-ment Officer, or person delegated by the ChiefProcurement Officer, to enter into contracts.

“Contracting Officer’s representative” means aWSSC employee nominated by the head of the us-ing department to which they belong, possessingspecified training and qualifications, and so desig-nated by the Chief Procurement Officer, to engagein such duties as monitoring and administeringcertain contracts, assisting in the evaluation andaward of certain contracts, reporting on contractrequirements and performance, and authorized todiscuss certain contract matters with contractors.

“Contractor” means any person having a con-tract with WSSC.

“Cost-reimbursement contract” means a con-tract under which a contractor is reimbursed forcosts which are allowable and allocable in accor-dance with the contract terms and the provisions ofthis chapter, and a fee or profit, if any.

“Data” means recorded qualitative or quantita-tive information, regardless of form, that can beread, retrieved, and reproduced, including infor-mation that is electronically transmitted andstored.

“Days” means calendar days. In computing anyperiod of time prescribed by this chapter, the firstday shall not be counted, but the last day shall becounted. If the last day falls on a Saturday or Sun-day, the party shall have the following Monday asthe applicable time period. When the last day falls

on a holiday observed by WSSC, the party shallhave the next business day as the applicable timeperiod.

“Design-bid-build” means a project deliverymethod in which WSSC sequentially awards sep-arate contracts, the first for architectural and en-gineering services to design the project and thesecond for construction of the project according tothe design.

“Design-build” means a project deliverymethod in which WSSC enters into a single con-tract for design and construction of an infrastruc-ture facility.

“Design-build contract” means a contract thatprovides for both architectural and engineering de-sign services and construction services as a part ofa single contract.

“Design-builder” means a person who has beenawarded a contract with WSSC for the design andconstruction (or alteration, repair, improvement, ordemolition) of any infrastructure facility using thedesign-build project delivery method.

“Design requirements” means the written de-scription of the infrastructure facility or service tobe procured under this chapter, including: requiredfeatures, functions, characteristics, qualities, andproperties that are required by WSSC; the antici-pated schedule, including start, duration, and com-pletion; and estimated budgets (as applicable tothe specific procurement) for design, construction,operation, and maintenance. The design require-ments may, but need not, include drawings andother documents illustrating the scale and relation-ship of the features, functions, and characteristicsof the project.

“Designee” means a duly authorized representa-tive of a person.

“Designer” means a person who has beenawarded a contract with WSSC for the design (oralteration, repair, improvement, or demolition) ofany infrastructure facility.

“Discussions,” as used in the source selectionprocess, means an exchange of information orother manner of negotiation during which the of-feror and WSSC may alter or otherwise change theconditions, terms, and price of the proposed con-tract.



6-9

“Electronic” means electrical, digital, magnetic,optical, electromagnetic or any other similar tech-nology.

“Employee” means an individual receiving asalary from WSSC except for WSSC Commis-sioners.

“Engineer” means the WSSC engineer assignedto a contract.

“Evaluated bid price” means the price of a bidafter adjustment in accordance with objectivemeasurable criteria.

“Facilities construction contract” means a con-tract that provides services for the construction ofinfrastructure facilities.

“General Manager/Chief Executive Officer”means the most senior manager in the WSSC orga-nization chart, who is referred to as “General Man-ager” in the Public Utilities Article, Title 18, An-notated Code of Maryland, and in certain WSSCstandard procedures and other official WSSC doc-uments, and any successor position thereto irre-spective of name.

“Goods” means all supplies, equipment, mate-rials, and all tangible personal property, excludingreal property.

“Governmental body” means any unit that ispart of a federal, state, county, or municipal gov-ernment, including regional entities and publicutilities such as WSSC.

“Independent peer reviewer” means a personwho has been awarded a contract with WSSC foran independent, contemporaneous review of thedesign services provided to WSSC by another de-signer.

“Independent peer reviewer services” means ad-ditional architectural and engineering services pro-vided to WSSC for any contract. The function ofthe independent peer reviewer is to confirm thatthe key elements of the professional engineeringand architectural design provided by the designeror design-builder are in conformance with any ap-plicable standards.

“Infrastructure facilities” means any structure,building, pipelines, plants, infrastructure, or otherimprovements of any kind to real property.

“Invitation for bids” means all documents,whether attached or incorporated by reference, uti-lized for soliciting bids.

“Invitation for prequalification” means all doc-uments, whether attached or incorporated by refer-ence, utilized for prequalifying potential bidders.

“Legal authorities” shall mean:1. The Public Utilities Article, § 17-403, An-

notated Code of Maryland;2. All other provisions of the Public Utilities

Article relating either to the Commission’s powerto enact regulations and/or to the Commission’sprocurements actions and activities;

3. The WSSC Delegation of Authority(adopted May 10, 2010, effective July 1, 2010),including subdelegations by the General Man-ager/Chief Executive Officer;

4. The WSSC Code of Ethics (as amended)(WSSC Chapter 1.70);

5. Any and all amendments, revisions, addi-tions, deletions or corrections to the foregoing au-thorities, without limitation, that may be enacted,adopted, or implemented from time to time; and

6. Any generally accepted interpretation ofthe foregoing authorities by a court or by theMaryland Office of Attorney General.

“May” denotes the permissive.“Minority business enterprise (MBE)” shall

have the meaning set forth in WSSC Chapters 6.30and 6.35 and any successor standard proceduresthereto.

“Objective measurable criteria” means stan-dards that enable WSSC to compare the economy,effectiveness, or value of the subject of the bids.

“Operations and maintenance” means a projectdelivery method whereby the Procurement Officeenters into a single contract for the routine opera-tion, routine repair, and routine maintenance of aninfrastructure facility or at specific types of equip-ment located in one or more infrastructure facili-ties.

“Operator” means a person who has beenawarded, through competitive sealed bidding, aseparate contract with WSSC for the routine op-eration, routine repair, and routine maintenance ofany infrastructure facility.

“Person” means any business, individual, union,committee, club, other organization, or group ofindividuals.

“Prequalification” means that the bidder or of-feror has completed a formal process whereby thecapacity, skills, personnel, and ability to undertake


6-10



certain tasks or provide certain services wasdemonstrated to the Office of Chief ProcurementOfficer and certain using departments.

“Procurement” means buying, purchasing, rent-ing, leasing, or otherwise acquiring any goods andsupply services related to those goods and sup-plies, and any kind of professional services, in-cluding consultants, architectural and engineeringservices, or construction. It also includes all func-tions under the Chief Procurement Officer, includ-ing description of requirements, selection and so-licitation of sources, preparation and award of con-tract, and all phases of contract administration.

“Procurement Officer” means any WSSC em-ployee duly authorized to enter into and administercontracts and make written determinations with re-spect thereto.

“Proposal development documents” meansdrawings and other design related documents thatare sufficient to describe the size and character ofan infrastructure facility as to architectural, struc-tural, mechanical, and electrical systems; materi-als; and such other elements as may be appropriateto the applicable project delivery method.

“Public notice” means the distribution or dis-semination of information to interested parties us-ing methods that are reasonably available, includ-ing newspapers, electronic or paper mailing, andwebsites.

“Purchase description” means the words used ina solicitation to describe the goods and supplies,services, or construction to be purchased, and in-cludes specifications attached to, or made a part of,the solicitation.

“Regulations” means the procurement regula-tions codified in this chapter except where the con-text indicates otherwise (see, e.g., Article III ofthis chapter) in which case “regulations” shallhave the meaning set forth in the State Govern-ment Article, § 10-101(g), Annotated Code ofMaryland.

“Request for proposals” means all documents,whether attached or incorporated by reference, uti-lized for soliciting proposals.

“Responsible bidder or offeror” means a personwho has the capability in all respects to performfully the requirements stated in the invitation forbids and request for proposals, respectively, andthe integrity and reliability which will assure good

faith performance. Bidders respond to invitationsfor bids. Offerors respond to requests for propos-als.

“Responsive bidder or offeror” means a personwho has submitted a bid or a proposal which fullyconforms to the invitation for bids or request forproposals.

“Services” means the furnishing of labor, time,or effort not involving the delivery of a tangiblematerial product other than reports which aremerely incidental to the required performance.This term excludes employment agreements andcollective bargaining agreements, but includeswithout limitation consulting, personal, profes-sional, technical, and advisory services.

“Shall” denotes the imperative.“Signature” may be either physical or elec-

tronic.“Small, local and minority business enterprise

(SLMBE)” shall have the meaning set forth inWSSC Chapters 6.30 and 6.35 and any successorstandard procedures thereto.

“Small, Local and Minority Business EnterpriseOffice/Supplier Diversity Office” is the office re-sponsible for planning, managing, coordinating,and monitoring the Commission’s minority busi-ness enterprise program, in accordance with statelaw (hereinafter “SLMBE Office/Supplier Diver-sity Office”).

“Solicitation” means an invitation for bids, a re-quest for proposals, a request for quotations, an in-vitation for qualification, or any other documentissued by WSSC for the purpose of soliciting bidsor proposals to perform a WSSC contract.

“Supplier” means any firm or individual or en-tity (public or private) which provides to WSSCgoods and supplies, services, professional ser-vices, architectural and engineering services, orconstruction.

“Supplies” means all property, including but notlimited to, equipment, raw materials, and finishedproducts.

“Time-and-material contract” means a contractproviding for the acquisition of services or mate-rials on the basis of (1) direct labor hours at spec-ified fixed hourly rates that include wages; over-head, general, and administrative expenses; andprofit and (2) materials at cost.



6-11

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6.15.080

6.15.090

6.15.100

“Unsolicited offer” means any offer other thanone submitted in response to a solicitation.

“Using department” means any team, depart-ment, office or designated unit within WSSC thatutilizes any goods and supplies, services, profes-sional services, architectural and engineering ser-vices, or construction procured under this chapter.(Procurement regulations § 1-201, dated August 1,2012)

Article II. Procurement Organization

Office of the Chief ProcurementOfficer.

The Office of the Chief Procurement Officer isheaded by the Chief Procurement Officer. (Pro-curement regulations § 2-101, dated August 1,2012)

Authority of the ChiefProcurement Officer.

A. Principal Contracting Officer of WSSC. TheChief Procurement Officer shall serve as the prin-cipal Contracting Officer of WSSC in accordancewith this chapter and subject to the legal authori-ties.

B. Authority.1. The Chief Procurement Officer will man-

age and direct the Office of the Chief ProcurementOfficer, contract for WSSC, and issue instructionson the management and operations of the procure-ment process as directed by the General Man-ager/Chief Executive Officer.

2. Except as provided in this article and sub-ject to the legal authorities, the Chief ProcurementOfficer shall have authority to solicit and enter intocontracts for the procurement of goods and sup-plies, services, construction, professional, or ar-chitectural and engineering services for all usingdepartments of WSSC.

3. Under the authority of the Chief Procure-ment Officer, the Procurement Officers, Contract-ing Officer representatives, or any designee of theChief Procurement Officer shall execute responsi-bilities within the Office of the Chief ProcurementOfficer.

4. Except as provided in this article, noWSSC employee shall order the procurement ofgoods and supplies, services, construction, profes-sional services, or architectural and engineering

services or make any contract other than throughthe Office of the Chief Procurement Officer.

5. The Chief Procurement Officer may des-ignate a senior level Procurement Officer to exe-cute contracts on behalf of the Chief ProcurementOfficer once the Chief Procurement Officer hasreviewed and approved said contracts. The ChiefProcurement Officer shall assume ultimate respon-sibility to solicit and enter into contracts for theprocurement of goods and supplies, services, con-struction, professional, or architectural and engi-neering services for all using departments ofWSSC.

6. Subject to the approval of the GeneralManager/Chief Executive Officer the Chief Pro-curement Officer shall establish written proce-dures for the execution of contracts for the pro-curement of goods and supplies, services, con-struction, professional, or architectural and engi-neering services for all using departments ofWSSC. Such procedures shall include policies, in-structions, and/or guidelines for all WSSC pro-curement and shall be promulgated by the ChiefProcurement Officer to implement and executethis chapter.

7. The Chief Procurement Officer shall mon-itor the preparation and use of all solicitation spec-ifications including those for goods and supplies,services, professional services, architectural andengineering services, and construction required byWSSC Procurement Office and WSSC using de-partments. The Chief Procurement Officer shallobtain expert advice and assistance from personnelof using departments in the development of solic-itation specifications and may delegate to a usingdepartment the authority to prepare and utilize itsown solicitation specifications. (Procurement reg-ulations § 2-102, dated August 1, 2012)

Article III. Socioeconomic Programs

Socioeconomic programs.The Chief Procurement Officer shall include as

a part of any solicitation specifications that theChief Procurement Officer publicly distributes anotice that all bidders or offerors are required tocomply with certain duly authorized WSSC so-cioeconomic regulations and programs. (Procure-ment regulations § 3-101, dated August 1, 2012)


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6.15.110

6.15.1206.15.130

6.15.140

6.15.150

Statement of policy and itsimplementation.

It shall be the policy of WSSC to require com-pliance with its small, local and minority businessenterprise (SLMBE) regulations. The Chief Pro-curement Officer shall be responsible for imple-menting this policy in consultation with WSSC’sSLMBE Office/Supplier Diversity Office. (Pro-curement regulations § 3-201, dated August 1,2012)

Socioeconomic duties of the ChiefProcurement Officer.

A. Assistance to SLMBE Office/SupplierDiversity Office. Where feasible, the Chief Pro-curement Officer shall ensure that:

1. WSSC using departments assist minoritybusiness enterprises (MBEs) and small local busi-ness enterprises (SLBEs) in learning how to dobusiness with WSSC;

2. The WSSC Procurement Office and pro-curement process actively promote equal opportu-nity for all segments of the contracting and busi-ness community to participate in WSSC contracts;and

3. The WSSC procurement process supportsthe activities and mandates of WSSC SLMBEpolicies, including, but not limited to, policies as-sociated with the MBE and SLBE programs.

B. Special Publications. The Chief Procure-ment Officer shall assist the SLMBE Office/Sup-plier Diversity Office to give special publicity toprocurement procedures and issue special publica-tions designed to assist MBEs and SLBEs in learn-ing how to do business with WSSC.

C. MBE and SLBE Source Lists. The ChiefProcurement Officer shall support the SLMBE Of-fice/Supplier Diversity Office in its efforts to com-pile, maintain, and make available source lists ofMBEs and SLBEs for the purpose of encouragingprocurement from these businesses.

D. Solicitation Mailing Lists. To the extentdeemed by the Chief Procurement Officer to beappropriate and as may be required by regulation,the Chief Procurement Officer shall include MBEsand SLBEs on solicitation mailing lists.

E. Solicitation of MBEs and SLBEs. The ChiefProcurement Officer shall assure that MBEs andSLBEs receive solicitations for each procurement

for which such businesses may be ready, willingand able to participate.

F. Training Programs. The Chief ProcurementOfficer shall support SLMBE Office/Supplier Di-versity Office efforts to develop special trainingprograms to be conducted by WSSC to assistMBEs and SLBEs in learning how to do businesswith WSSC. (Procurement regulations § 3-202,dated August 1, 2012)

Discretionary duties of the ChiefProcurement Officer – Bonding.

Subject to the legal authorities, the Chief Pro-curement Officer may reduce the level or changethe types of bonding normally required or acceptalternative forms of security to the extent reason-ably necessary to encourage procurement fromMBEs and SLBEs. (Procurement regulations§ 3-203, dated August 1, 2012)

MBE and SLBE procurementassistance.

A. The Chief Procurement Officer will supportefforts of the SLMBE Office/Supplier DiversityOffice in carrying out its objectives as set forth inthe Public Utilities Article, § 20-201 et seq. and§ 20-301 et seq., and all relevant standard proce-dures.

B. Subject to the approval of the General Man-ager/Chief Executive Officer, the Chief Procure-ment Officer has the final authority to promulgateprocurement policies, instructions, and proceduresthat support the efforts, goals, and mandate of theSLMBE Office/Supplier Diversity Office to ac-tively promote equal opportunity for all segmentsof the contracting and business community to par-ticipate in WSSC contracts; provided, that suchpolicies, instructions and procedures are in accor-dance with and cause no conflicts with MBE andSLBE standard procedures adopted by the Com-mission or with applicable law. (Procurement reg-ulations § 3-204, dated August 1, 2012)

Report to General Manager/ChiefExecutive Officer and theCommission.

The Chief Procurement Officer shall annually,as directed, assist the SLMBE Office/Supplier Di-versity Office with a report in writing to the Gen-eral Manager/Chief Executive Officer and the



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6.15.160

6.15.170

6.15.180

6.15.190

6.15.200

6.15.210

6.15.220

6.15.230

Commission concerning the awarding of contractsto MBEs and SLBEs during the preceding fiscalyear. (Procurement regulations § 3-205, dated Au-gust 1, 2012)

Meeting green goals andenvironmental compliance.

A. It is the goal of WSSC to operate in an envi-ronmentally friendly manner that protects and en-hances our natural resources and environment.

B. If a specific procurement impacts the en-vironment, the Chief Procurement Officer shallcomply with all applicable federal and state laws.

C. The Chief Procurement Officer in consul-tation with the General Manager/Chief ExecutiveOfficer will define and incorporate duly authorizedand appropriate environmental criteria into theprocurement process to ensure that WSSC meetsduly authorized environmental goals set byWSSC. (Procurement regulations § 3-301, datedAugust 1, 2012)

Article IV. Source Selection and ContractFormation

General provisions for sourceselection for goods, supplies andservices.

The provisions of this article shall apply to allprocurements of goods and supplies and services,including architectural and engineering, under-taken by WSSC except for design-build and con-struction, which will be governed by Article Vof this chapter. (Procurement regulations § 4-101,dated August 1, 2012)

Extension of time for bid orproposal acceptance.

After opening bids or proposals, the Procure-ment Officer may request bidders or offerors toextend the time during which WSSC may accepttheir bids or proposals. (Procurement regulations§ 4-102, dated August 1, 2012)

Extension of time on indefinitequantity contracts.

The time of performance of an indefinite quan-tity contract may be extended upon agreement ofthe parties, provided that the Chief ProcurementOfficer or the head of a using department deter-

mines that it is not practical to award another con-tract at the time of such extension. (Procurementregulations § 4-103, dated August 1, 2012)

Only one bid or proposalreceived.

A. One Bid Received. If only one responsivebid is received in response to an invitation forbids (including multi-step bidding), an award maybe made to the single bidder if the ProcurementOfficer finds that the price submitted is fair andreasonable and that the bidder is responsible; alter-natively, the bid may be rejected and:

1. New bids or offers may be solicited afterthe solicitation is canceled; or

2. If the Chief Procurement Officer so deter-mines, an emergency procurement may be made,as appropriate.

B. One Proposal Received. If only one proposalis received in response to a request for proposals,the Procurement Officer may make an award, orit may cancel the solicitation and re-solicit for thepurpose of obtaining competitive sealed proposalswith concurrence of the using department. (Pro-curement regulations § 4-104, dated August 1,2012)

Multiple or alternate bids orproposals.

Unless multiple or alternate bids or proposalsare specifically requested in the solicitation, theymay not be accepted. (Procurement regulations§ 4-105, dated August 1, 2012)

Bid and performance bonds forsupply contracts or servicecontracts.

Bid and performance bonds or other securitymay be required on contracts for goods and sup-plies and services as the Chief Procurement Of-ficer or designee deems advisable to protect theinterests of WSSC. Any such requirements shallbe set forth in the solicitation. (Procurement regu-lations § 4-106, dated August 1, 2012)

Unsolicited offers.A. Processing of Unsolicited Offers. The Chief

Procurement Officer may consider an unsolicitedoffer in accordance with this chapter and subject tothe legal authorities.


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6.15.240

6.15.250

6.15.260

6.15.270

6.15.280

B. Conditions for Consideration.1. To be considered for evaluation an unso-

licited offer must be:a. In writing;b. Innovative or unique;c. Independently originated and developed

by the offeror;d. Prepared without WSSC’s supervision;

ande. Sufficiently detailed to permit a deter-

mination that the proposed product, services, orwork could benefit WSSC’s mission or allow it tomeet its responsibilities.

2. An unsolicited offer may not be an ad-vance proposal for a known or anticipated WSSCrequirement that can be procured by competitivemethods.

3. Unsolicited offers may be the basis of acompetitive procurement if deemed to be in thebest interests of WSSC or where competitive pro-curement is required by law or regulation.

4. An offeror may designate portions of itsunsolicited offer to be confidential if they includeproprietary information or contain sensitive per-sonnel information. Disclosure of such informa-tion by WSSC will be subject to the MarylandPublic Information Act.

C. Disposition Upon Rejection. An unsolicitedoffer shall be returned to an offeror, citing reasons,when the proposal does not meet the criteria insubsection B of this section, or is not deemed to beadvantageous to WSSC. (Procurement regulations§ 4-107, dated August 1, 2012)

Novation or change of name.A. No Assignment. No WSSC contract is trans-

ferable or otherwise assignable without the writtenconsent of the Chief Procurement Officer; pro-vided, however, that a contractor may assignmonies receivable under a contract after due noticein writing to WSSC.

B. Recognition of a Successor in Interest –Novation. Subject to a determination by the ChiefProcurement Officer that the novation is inWSSC’s best interests, a successor in interest maybe recognized in a novation agreement in whichthe transferor and the transferee agree that:

1. The transferee assumes all of the trans-feror’s obligations;

2. The transferor waives all rights under thecontract against WSSC; and

3. The transferee shall, if required by WSSC,furnish a satisfactory performance bond.

C. Change of Name. When a contractor re-quests to change the name in which it holds acontract with WSSC, the Chief Procurement Offi-cer may, upon receipt of a legally sufficient doc-ument indicating such change of name (for exam-ple, an amendment to the articles of incorporationof the corporation), enter into an agreement withthe requesting contractor to effect such a change ofname. No other terms and conditions of the con-tract are thereby changed. (Procurement regula-tions § 4-108, dated August 1, 2012)

Conditioning bids or proposalsupon other awards.

Any bid or proposal that is conditioned upon re-ceiving award of both the particular contract be-ing solicited and another WSSC contract shall bedeemed nonresponsive. (Procurement regulations§ 4-109, dated August 1, 2012)

Purchase of items separately fromconstruction contract.

The Chief Procurement Officer or designee, inconsultation with the relevant using departmenthead, is authorized to determine whether a supplyitem or group of supply items shall be included asa part of, or procured separately from, any con-tract for construction. (Procurement regulations§ 4-110, dated August 1, 2012)

Intergovernmental andcooperative purchasing.

WSSC may participate in, sponsor, conduct, ad-minister, or enter into a cooperative purchasingcontract for the procurement of any goods and sup-plies, services, or construction, or the cooperativeuse of goods and supplies, services, or construc-tion with a public entity. The cooperative procure-ment may include joint contracts or multi-partycontracts. (Procurement regulations § 4-111, datedAugust 1, 2012)

Public entity contracts.WSSC may, without competition, enter into a

contract for the procurement, use, or sale of goodsand supplies, services, or construction with a pub-



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6.15.290

6.15.300

6.15.310

lic entity when it is in the best interests of WSSC.(Procurement regulations § 4-112, dated August 1,2012)

Bridge contracts.WSSC may, without competition, enter into a

contract with a person if:A. The Chief Procurement Officer determines

that:1. The person has an existing contract with

another public entity for the goods and supplies,services, or construction which WSSC would liketo procure;

2. A bridge contract is in the best interests ofWSSC; and

3. The contract between the person and theother public entity was awarded as the result ofa competitive selection process acceptable to theChief Procurement Officer; and

B. The person agrees to:1. Provide WSSC materially the same speci-

fications being provided the other public entity;2. Provide WSSC the same prices being

charged the other public entity; and3. Additional terms and conditions, if any,

proposed by WSSC. (Procurement regulations§ 4-113, dated August 1, 2012)

Methods of source selection.Unless otherwise authorized by law or directed

by the Commission, all WSSC contracts may beawarded by one of the following methods:

A. Competitive sealed bids;B. Competitive sealed proposals;C. Small purchases;D. Sole source procurements;E. Emergency procurements; orF. Special procurements. (Procurement regula-

tions § 4-201, dated August 1, 2012)

Competitive sealed bidding.A. Conditions for Use. Contracts may be

awarded by competitive sealed bids.B. Invitation for Bids.

1. If a contract is awarded based on compet-itive sealed bids, the Commission shall seek bidsby issuing an invitation for bids.

2. An invitation for bids shall:a. Include the contract specifications, in-

cluding any applicable race- or gender-neutral

remedies, or MBE or SLBE participation as deter-mined in accordance with the governing standardprocedures;

b. State whether the contract will beawarded based on the lowest bid price or the low-est evaluated bid price; and

c. Set forth contractual terms and condi-tions.

3. If a contract will be awarded based on anevaluated bid price, the invitation for bids shall in-clude the objective measurable criteria by whichthe lowest evaluated bid price will be determined.

4. WSSC shall award contracts based oncompetitive sealed bids to the responsive and re-sponsible bidder who submits the lowest bid priceor lowest evaluated bid price, as appropriate.

5. If WSSC determines that an initial prepa-ration of specifications for price bids is impracti-cal, then WSSC:

a. May issue an invitation for bids that in-cludes a request for an unpriced technical offer orsample and directs a bidder to submit:

i. A sealed price bid with the unpricedtechnical offer or sample; or

ii. A price bid after WSSC:A. Evaluates the technical offer or

sample; andB. Finds that the offer or sample is

acceptable under the criteria set forth in the invita-tion for bids.

b. In cases where the invitation for bidsdescribed in subsection (B)(5)(a) of this section isissued, WSSC shall:

i. Consider the price bid of a bidderwhose technical offer or sample is acceptable;

ii. Return unopened the price bid of abidder whose technical offer or sample is unac-ceptable; and

iii. Award the contract to the responsiveand responsible bidder whose technical offer orsample is acceptable and who submits the lowestbid price or lowest evaluated bid price, as speci-fied in the invitation for bids.

C. Public Notice. Invitations for bids or noti-fications of the availability of invitations for bidsshall be furnished to a sufficient number of po-tential bidders for the purpose of securing com-petition. Every procurement in excess of a stan-dard minimum amount as specified by the Chief


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Procurement Officer shall be well publicized in asuitable manner as determined by the Chief Pro-curement Officer. A copy of the invitation for bidsshall be made available for public inspection at theOffice of the Chief Procurement Officer and/or atthe WSSC website and/or at other publicly avail-able electronic dissemination facility.

D. Bidding Time. The Chief Procurement Offi-cer may specify a minimum bidding time for com-petitive sealed bids.

E. Bidder Submissions.1. Bid Form. The invitation for bids may pro-

vide an appropriate form.2. Electronic Bids. The invitation for bids

may either permit or require bids by electronicmeans.

3. Bid Samples or Descriptive Literature.Bid samples or descriptive literature may be re-quired when it is necessary to evaluate requiredcharacteristics of the items bid.

F. Bidders Lists. Bidders lists may be compiledby WSSC with the names of businesses that maybe interested in competing for various types ofWSSC contracts. Inclusion or exclusion of thename of a business on the bidders list does not in-dicate whether the business is responsible or qual-ified for any contract. Names and addresses onbidders lists may be available for public inspectionbut will not be used by WSSC for private, promo-tional, commercial, or marketing purposes.

G. Pre-Bid Conferences. The Procurement Of-fice may, with due notice, conduct pre-bid con-ferences to explain WSSC procurement require-ments. Nothing stated at the pre-bid conferenceshall change the invitation for bids unless a changeis made by written amendment.

H. Amendments to Invitations for Bids.1. Form. Amendments to invitations for bids

shall be identified as such and may require that thebidder acknowledge receipt.

2. Distribution. Amendments may be sent toprospective bidders or publicized as appropriate.Amendments shall be sent to bidders that have re-sponded to the invitation for bids and shall requireacknowledgment or proof of receipt.

I. Pre-Opening Modification or Withdrawal ofBids.

1. Procedure. Bids may be modified or with-drawn by written notice received in the office des-

ignated in the invitation for bids prior to the timeand date set for bid opening.

2. Disposition of Bid Security. If a bid iswithdrawn in accordance with this subsection, thebid security, if any, shall be returned to the bidder.

J. Untimely Bids, Withdrawals, andModifications.

1. Definition. Any bid received after the timeand date set for receipt of bids is untimely. Any at-tempt by a bidder to withdraw or modify its bidafter the time and date set for opening of bids isuntimely.

2. Treatment. WSSC shall disregard all un-timely bids, modifications, and withdrawals.

K. Opening and Recording of Bids. Bids shallbe opened in an appropriate manner determined bythe Chief Procurement Officer. Appropriate infor-mation shall be recorded; the record may be opento public inspection pursuant to the requirementsand exceptions of the Maryland Public Informa-tion Act.

L. Mistakes in Bids.1. Mistakes Discovered Before Opening. A

bidder may correct mistakes discovered before thetime and date set for bid opening by withdrawingor correcting the bid.

2. Confirmation of Bid. When the Procure-ment Officer knows or has reason to conclude thata mistake has been made, such officer may requestthe bidder to confirm the bid. Situations in whichconfirmation should be requested include obvious,apparent errors on the face of the bid or a bid un-reasonably lower than the other bids submitted.

3. Mistakes Discovered After Opening butBefore Award. Mistakes in bids that are discoveredafter the time and date set for bid opening but be-fore award shall be resolved as follows:

a. Minor Informalities. Minor informali-ties are matters of form rather than substance evi-dent from the bid document, or insignificant mis-takes that can be waived or corrected without prej-udice to other bidders; that is, the effect on price,quantity, quality, delivery, worker and/or publicsafety or contractual conditions is negligible. TheProcurement Officer may waive such informalitiesor allow the bidder to correct them depending onwhat is in the best interests of WSSC.

b. Mistakes Where Intended Correct BidIs Evident. If the mistake and the intended correct



6-17

bid are clearly evident on the face of the bid doc-ument, the bid shall be corrected to the intendedcorrect bid and may not be withdrawn.

c. Mistakes Where Intended Correct Bid IsNot Evident. A bidder may be permitted to with-draw a low bid if:

i. A mistake is clearly evident on theface of the bid document but the intended correc-tion is not similarly evident; or

ii. The bidder submits objective proofwhich clearly and convincingly demonstrates thata mistake was made.

4. Mistakes Discovered After Award. Mis-takes shall not be corrected after award of the con-tract except where the Chief Procurement Officeror the head of a WSSC using department makesa written determination that it would be uncon-scionable not to allow the mistake to be corrected.

5. Determinations. Depending on whetherthe bid is corrected or withdrawn, the Chief Pro-curement Officer or designee or the head of a usingdepartment shall prepare a written determinationshowing whether the relief was granted or denied.

M. Tie Bids. If two or more offerors are tied inprice while otherwise meeting all required solicita-tion specifications, the tie will be broken using thefollowing methods and in the following order:

1. Offerors located in Prince George’sCounty or in Montgomery County.

2. Offerors located in Maryland.3. Offerors with the earliest delivery terms.4. Finally, offerors who provide WSSC with

the greater opportunity for broadening its supplierbase.

N. Documentation of Award. Following award,a record showing the basis for determining the suc-cessful bidder shall be made a part of the procure-ment file.

O. Publicizing Awards. Notice of award shallbe conveyed to the successful bidder. In procure-ments over a minimum amount specified by theChief Procurement Officer, each unsuccessful bid-der may be notified of the award in writing orthrough electronic means. Notice of award shallbe made available to the public through electronicmeans.

P. Multi-Step Sealed Bidding.1. Definition. Multi-step sealed bidding is a

two-phase process consisting of a technical first

phase composed of one or more steps in whichbidders submit unpriced technical offers to beevaluated by WSSC and a second phase in whichthose bidders whose technical offers are deter-mined to be acceptable during the first phase havetheir price bids considered. At the Chief Procure-ment Officer’s discretion, a “best and final offer”stage may be included whereby bidders of accept-able quality are invited to improve or adjust thequality of their offers, or reduce the price.

2. Conditions for Use. Multi-step sealed bid-ding may be used:

a. To invite and evaluate technical offersto determine their acceptability;

b. To discuss technical offers and require-ments, obtain information, and permit amend-ments;

c. To conduct technical evaluations priorto soliciting priced bids;

d. To award the contract to the lowest re-sponsive and responsible bidder in accordancewith the competitive sealed bidding procedures;

e. To award the contract to the best qualitybid, ensuring that the best quality bid is reasonablypriced; and/or

f. To invite discussions and final stageprice competition among bidders of acceptablequality.

Q. Procedure for Multi-Step Sealed Bidding.1. Form. Multi-step sealed bidding shall be

initiated by the issuance of an invitation for bidsthat may state:

a. That unpriced technical offers are re-quested;

b. Whether separate priced bids are to besubmitted at the same time as unpriced technicaloffers;

c. That it is a multi-step sealed bid pro-curement, and the rules to be followed;

d. The criteria to be used in the evaluationof the unpriced technical offers;

e. That the Chief Procurement Officer ordesignee may conduct oral or written discussionsof the unpriced technical offers; and/or

f. That priced offers may be subject to ne-gotiation.

2. Amendments to the Invitation for Bids.After receipt of unpriced technical offers, amend-ments to the invitation for bids may be distributed.


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6.15.320

R. Awards. Award shall be made to the most re-sponsible and responsive bidder whose bid offersthe lowest price or the lowest evaluated bid price,as applicable, in conformance with the invitationfor bids. (Procurement regulations § 4-202, datedAugust 1, 2012)

Competitive sealed proposals.A. Use of Competitive Sealed Proposals. Com-

petitive sealed proposals may be used when theChief Procurement Officer determines that the useof competitive sealed bidding is either not practi-cable or not advantageous to WSSC.

B. Content of the Request for Proposals. Therequest for proposals shall be prepared in accor-dance with the procedures used for invitation forbids; provided, that it shall also include a state-ment that WSSC may or may not conduct discus-sions with some offerors and a statement of theselection process WSSC intends to follow.

C. Proposal Preparation Time. Proposal prepa-ration time shall be set at the Chief ProcurementOfficer’s discretion to provide offerors a reason-able time to prepare their proposals.

D. Form of Proposal. The manner in which pro-posals are to be submitted, including any forms forthat purpose, may be designated as a part of the re-quest for proposals.

E. Public Notice. Request for proposals or noti-fications of the availability of request for proposalsshall be furnished to a sufficient number of poten-tial offerors for the purpose of securing competi-tion. Every procurement in excess of a standardminimum amount as specified by the Chief Pro-curement Officer shall be well publicized in a suit-able manner as determined by the Chief Procure-ment Officer. A copy of the request for proposalsshall be made available for public inspection at theOffice of the Chief Procurement Officer and/or atthe WSSC website and/or at other publicly avail-able electronic dissemination facility.

F. Offerors Lists. Offerors lists may be com-piled by WSSC with the names of businesses thatmay be interested in competing for various typesof WSSC contracts. Inclusion or exclusion of thename of a business on the offerors list does not in-dicate whether the business is responsible or qual-ified for any contract. Names and addresses onofferors lists may be available for public inspec-

tion but will not be used by WSSC for private, pro-motional, commercial, or marketing purposes.

G. Pre-Proposal Conferences. WSSC may, withdue notice, conduct pre-proposal conferences toexplain WSSC procurement requirements. Noth-ing stated at the pre-proposal conference shallchange the request for proposal unless a change ismade by written amendment.

H. Amendments to Requests for Proposals.1. Form. Amendments to request for propos-

als shall be identified as such and may require thatthe offeror acknowledge receipt.

2. Distribution. Amendments may be sent toprospective offerors or publicized as appropriate.WSSC may issue amendments to requests for pro-posals prior to or after submission of proposals.Amendments shall be sent to offerors that have re-sponded to the request for proposals and shall re-quire acknowledgment or proof of receipt.

I. Modification or Withdrawal of Proposals.Proposals may be modified or withdrawn prior tothe established due date. The established due dateis either the time and date stated in the request forproposal for receipt of the proposals or receipt ofmodifications to proposals, if any; or if discussionshave begun, it is the time and date by which bestand final offers, as explained in subsection (M)(5)of this section, must be submitted. Only offerorswho submitted proposals by the time announcedfor receipt of proposals may submit best and finaloffers.

J. Late Proposals, Late Withdrawals, and LateModifications. Any proposal, withdrawal, or mod-ification received after the established due date atthe place designated for receipt of proposals is un-timely.

Untimely proposals, modifications, and with-drawals will not be considered.

K. Receipt of Proposals. Proposals shall beopened by an appropriate process. Proposals andmodifications shall be time-stamped upon receipt.

L. Evaluation of Proposals.1. Evaluation Factors in the Request for

Proposals. The request for proposals shall state allof the evaluation factors, including price, and theirrelative importance.

2. Evaluation. The evaluation of the requestfor proposals shall be based on the evaluation fac-tors set forth in the request for proposals.



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M. Discussions with Offerors after Receipt ofProposals.

1. Award without Discussions. Award maybe made without discussions if the solicitationstates that WSSC intends to evaluate proposals andmake an award without discussions.

2. Discussions.a. Purpose. Discussions may be conducted

to:i. Enhance WSSC’s understanding of

submitted proposals;ii. Allow reasonable interpretation of

the submitted proposals; andiii. Facilitate WSSC’s evaluation

process.b. Scope. Discussions may include bar-

gaining with respect to price, schedule, technicalrequirements, type of contract, or other terms of aproposed contract.

3. Primary Objectives. The primary objec-tives of discussions are to obtain the best pricefor WSSC and to ensure full understanding ofWSSC’s requirements, as set forth in the requestfor proposals and in the submitted proposals.

4. Fair and Equitable Treatment. During dis-cussions, WSSC shall treat all responsible and re-sponsive offerors fairly.

5. Best and Final Offer. WSSC may alloweach responsible and responsive offeror to revisetheir initial proposal and submit a best and final of-fer.

6. Limits on Discussions. WSSC personnelinvolved in the procurement shall not engage inconduct that: favors one offeror over another; re-veals an offeror’s technical solution, includingunique technology, innovative and unique uses ofcommercial items, or any information that wouldcompromise an offeror’s intellectual property tobenefit another offeror; reveals an offeror’s pricewithout that offeror’s permission; or reveals thenames of individuals providing reference informa-tion about an offeror’s past performance.

N. Mistakes in Proposals.1. Confirmation of Proposal. When the Pro-

curement Officer knows or has reason to concludebefore award that a mistake has been made, suchOfficer may request the offeror to confirm the pro-posal. If the offeror alleges mistake, the proposalmay be corrected or withdrawn during any discus-

sions that are held or if the conditions set forth be-low are met.

2. Mistakes Discovered After Receipt ofProposals but Before Award. This subsection setsforth procedures to be applied in four situations inwhich mistakes in proposals are discovered afterreceipt of proposals but before award.

a. During Discussions – Prior to Best andFinal Offers. Once discussions are commencedwith any offeror or after best and final offers arerequested, any offeror may freely correct any mis-take by modifying or withdrawing the proposal un-til the time and date set for receipt of best and finaloffers.

b. After Best and Final Offers. If discus-sions are not held or if the best and final offersupon which award will be made have been re-ceived, mistakes may be corrected and the in-tended correct offer considered only if:

i. The mistake and the intended correctoffer are clearly evident on the face of the pro-posal, in which event the proposal may not bewithdrawn; or

ii. The mistake is not clearly evident onthe face of the proposal, but the offeror submitsobjective evidence which clearly and convincinglydemonstrates both the existence of a mistake andthe intended correct offer, and such correctionwould not be contrary to the fair and equal treat-ment of other offerors.

c. Withdrawal of Proposals. If discussionsare not held, or if the best and final offers uponwhich award will be made have been received, theofferor may be permitted to withdraw the proposalif:

i. The mistake is clearly evident on theface of the proposal and the intended correct offeris not;

ii. The offeror submits objective evi-dence which clearly and convincingly demon-strates that a mistake was made but does notdemonstrate the intended correct offer; or

iii. The offeror submits objective evi-dence which clearly and convincingly demon-strates the intended correct offer, but to allow cor-rection would be contrary to the fair and equaltreatment of the other offerors.

d. Mistakes Discovered After Award. Mis-takes shall not be corrected after award of the con-


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6.15.330

6.15.340

6.15.350

tract except where the Chief Procurement Officerfinds it would be unconscionable not to allow themistake to be corrected.

O. Awards. Award shall be made to the most re-sponsible and responsive offeror whose proposal isdetermined in writing to be the most advantageousto WSSC, taking into consideration the evalua-tion factors set forth in the request for proposals.(Procurement regulations § 4-203, dated August 1,2012)

Small purchases.A. Policy. Any procurement not exceeding an

amount established by the Chief Procurement Of-ficer may be made under no competition or limitedcompetition requirements in accordance withsmall purchase procedures provided herein; how-ever, those procurement requirements shall not beartificially divided so as to constitute a small pur-chase under this section. The Chief ProcurementOfficer shall set the small purchases threshold lim-its for (1) goods and supplies and/or services; (2)professional services; and (3) architectural and en-gineering services.

B. Exceptions to Procurements under SmallPurchases.

1. Existing WSSC Contract for Item. Goodsand supplies or services which may be obtainedunder current WSSC contracts shall be procuredunder such existing agreements unless WSSC in-terests are better served by making small pur-chases.

2. Available from One Person Only. If thesupply or service is available from only one per-son, the sole source procurement method may beused even if the procurement is a small purchase.(Procurement regulations § 4-204, dated August 1,2012)

Sole source procurements.A. Policy. A contract may be awarded for a

supply or service item without competition whenthe Chief Procurement Officer, the head of a usingdepartment, or designee determines that there isonly one source for the required supply or service.

B. Conditions for Use of Sole SourceProcurement.

1. Sole source procurement is not permissi-ble unless a requirement is available from only asingle supplier. A requirement for a particular pro-

prietary item does not justify a sole source pro-curement if there is more than one potential bidderor offeror for that item.

2. The following are examples of circum-stances which could necessitate sole source pro-curement:

a. Where the compatibility of equipment,accessories, software, or replacement parts is theparamount consideration;

b. Where only one source can meet thetimeliness of the requirement;

c. Where a sole supplier’s item is neededfor trial use or testing; or

d. Where public utility services are to beprocured.

3. The determination as to whether a pro-curement shall be made as a sole source shall bemade by the Chief Procurement Officer in con-junction with the head of a using department or de-signee.

C. Negotiation in Sole Source Procurement.The Procurement Officer shall conduct negotia-tions, as appropriate, as to price, delivery, andterms. (Procurement regulations § 4-205, datedAugust 1, 2012)

Emergency procurements.A. Policy. Notwithstanding any other provision

of this chapter, the Chief Procurement Officer, thehead of a using department or their respective de-signee(s) may make or authorize others to makeemergency procurements when an emergency ex-ists and has been declared pursuant to WSSCChapter 1.15, Article IV.

B. Definition of Emergency. “Emergency”means a sudden, unexpected occurrence or condi-tion which creates an immediate need for goodsand supplies, services, or construction which can-not be met through normal procurement methods,and the lack of which would seriously threaten oneor more of the following:

1. The health, safety, or welfare of any per-son;

2. The preservation, protection, or mitigationof loss of property;

3. The continuation of essential WSSC func-tions; or

4. The continuation of essential WSSC ser-vices.



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6.15.360

6.15.370

6.15.380

C. Scope of Emergency Procurements. Emer-gency procurements shall be limited to thosegoods and supplies, services, or construction itemsnecessary to meet the emergency.

D. Authority to Make EmergencyProcurements. In the event of an emergency, theChief Procurement Officer or designee shall havethe signatory authority for all agreements orchanges to such agreements concerning the emer-gency without regard to dollar value. (Procure-ment regulations § 4-206, dated August 1, 2012)

Special procurements.Notwithstanding any other provision of this

chapter, the Chief Procurement Officer may ini-tiate a procurement above the small purchaseamount where he/she determines that an unusualor unique situation exists that makes the applica-tion of all requirements of competitive sealed bid-ding or competitive sealed proposals contrary tothe public interest and such procurement does nottechnically qualify as a sole source procurement.If determined as appropriate by the Chief Procure-ment Officer, any special procurement under thissection shall be made with such competition asis practicable under the circumstances; provided,however, that the Chief Procurement Officer maydetermine under appropriate circumstances thatthere is only one logical choice as to a contractorto provide the goods and supplies or services ne-cessitated by the special procurement. A writtendetermination of the basis for the procurement andfor the selection of the particular contractor shallbe included by the Chief Procurement Officer inthe procurement file. Any rights accorded to theChief Procurement Officer by this section are ex-pressly subject to and limited by the legal author-ities. (Procurement regulations § 4-207, dated Au-gust 1, 2012)

Cancellation of invitations forbids or requests for proposals.

A. Policy. An invitation for bids, a request forproposals, or any other type of solicitation, withoutlimitation, may be canceled, or any or all bids orproposals may be rejected in whole or in part whenthe Chief Procurement Officer deems it to be in thebest interests of WSSC. Notice of such a decisionmust be made in writing and provided to all bid-ders or offerors.

B. Rejection of Individual Bids or Proposals.1. General. This subsection applies to rejec-

tions of individual bids or proposals in whole or inpart. For any solicitation, any bid or proposal maybe rejected in whole or in part when in the best in-terests of WSSC.

2. Reasons for Rejection.a. Bids. Reasons for rejecting a bid in-

clude, but are not limited to:i. The business that submitted the bid is

nonresponsible;ii. The bid is not responsive; oriii. The supply, service, or construction

item offered in the bid is unacceptable by reasonof its failure to meet the requirements of the spec-ifications, permissible alternates, reasonable price,or other acceptability criteria set forth in the invi-tation for bids.

b. Proposals. Unless the solicitation statesotherwise, proposals may be accepted subject toconditions. Reasons for rejecting proposals mayinclude but are not limited to:

i. The business that submitted the pro-posal is nonresponsible;

ii. The proposal fails to meet the an-nounced requirements of WSSC in some materialrespect such as quality or specifications; or

iii. The proposed price is deemed unrea-sonable.

C. “All or Nothing” Bids or Proposals. Onlywhen authorized by the solicitation may a bid orproposal limit acceptance to the entire bid or pro-posal offering. Otherwise, WSSC may deem such“limited acceptance” bids or proposals to be non-responsive.

D. Disposition of Bids or Proposals. When bidsor proposals are rejected, or a solicitation canceledafter bids or proposals are received, the bids orproposals which have been opened shall be re-tained in the procurement file; or, if unopened,returned to the bidders or offerors upon request.(Procurement regulations § 4-301, dated August 1,2012)

Responsibility of bidders andofferors.

A. Determination of Nonresponsibility. TheProcurement Officer may determine that a bidderor offeror is nonresponsible. The unreasonablefailure of a bidder or offeror to promptly supply


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6.15.390

information in connection with an inquiry with re-spect to responsibility may be grounds for a deter-mination of nonresponsibility.

B. Application. A determination of responsibil-ity or nonresponsibility shall be governed by thischapter.

C. Factors of Responsibility. When determin-ing whether a bidder or offeror is nonresponsible,the Procurement Officer will consider whether thebidder or offeror has:

1. The appropriate financial, material, equip-ment, facility, and personnel resources and exper-tise available, or the ability to obtain them, neces-sary to indicate its capability to meet all contrac-tual requirements;

2. A satisfactory record of performance;3. A satisfactory record of integrity;4. Qualified legally to contract with WSSC;

and5. Supplied all necessary information in con-

nection with the inquiry concerning responsibility.D. Information Pertaining to Responsibility.

The bidder or offeror shall supply information re-quested by the Procurement Officer concerning theresponsibility of such bidder or offeror. If suchbidder or offeror fails to supply the requested in-formation, the Procurement Officer shall base thedetermination of responsibility upon any availableinformation or may find the bidder or offeror non-responsible if such failure is unreasonable.

E. Ability to Demonstrate Responsibility. Thebidder or offeror may demonstrate the availabilityof necessary financing, equipment, facilities, ex-pertise, and personnel by submitting upon request:

1. Evidence that such contractor possessessuch necessary items;

2. Acceptable plans to subcontract for suchnecessary items; or

3. A documented commitment from or ex-plicit arrangement with a satisfactory source toprovide the necessary items.

F. Duty Concerning Responsibility. Beforeawarding a contract, the Procurement Officer mustbe satisfied that the prospective contractor is re-sponsible.

G. Written Determination of NonresponsibilityRequired. If a bidder or offeror who otherwisewould have been awarded a contract is found non-responsible, a written determination of nonrespon-

sibility setting forth the basis of the finding shallbe prepared by the Chief Procurement Officer inconjunction with the using department. A copy ofthe determination shall be sent promptly to thenonresponsible bidder or offeror. The final deter-mination shall be made part of the procurementfile. (Procurement regulations § 4-401, dated Au-gust 1, 2012)

Prequalification of suppliers.A. Policy. The Chief Procurement Officer, in

consultation with the using department, may de-termine that it is in the best interests of WSSC toprequalify suppliers (bidders or offerors) for par-ticular types of goods and supplies, services, con-struction, and professional and consultant services.Prequalification standards may be imposed by theChief Procurement Officer that must be met byany supplier in order to qualify to respond to an in-vitation for bids, a request for proposals or othertypes of solicitations. Suppliers shall be requiredto submit information to the Chief ProcurementOfficer to allow a determination of whether a sup-plier has met such prequalification standards.

B. Public Notice. Invitations for prequalifica-tion or notifications of the availability of invita-tions for prequalification shall be furnished to asufficient number of potential suppliers for thepurpose of securing competition.

C. Procedures for Prequalifying Offerors. TheChief Procurement Officer and using departmentfor which a solicitation is being performed shallreview all information submitted by suppliers,and, if necessary, additional information may berequired. If the Chief Procurement Officer, in con-sultation with the using department and any otheraffected using department, determines that thesupplier meets all of the prequalification standardsestablished under this section, the Chief Procure-ment Officer shall prequalify the supplier as qual-ified to submit a bid or proposal for the particularsolicitation for which the prequalification was per-formed. The supplier shall be notified in writing ofprequalification.

D. Failure to Prequalify. If a supplier is foundnot to meet the prequalification standards estab-lished under this article, a written determinationsetting forth the basis for such finding shall be pre-pared by the Chief Procurement Officer and deliv-ered to the supplier.



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6.15.400

6.15.410

E. Requirement for Prequalification. When pre-qualification is required, only those suppliers whosubmit the required prequalification informationand who are actually prequalified to submit a bidor proposal for a particular solicitation shall be al-lowed to submit bids or proposals. (Procurementregulations § 4-402, dated August 1, 2012)

Substantiation of offered prices.A. Policy. In cases where two or fewer bids or

proposals are submitted or where the submittedprice or cost is not based on established catalogueor market prices, the Chief Procurement Officer ordesignee may request factual information reason-ably available to the bidder or offeror to substanti-ate that the price or cost offered, or some portionof it, is reasonable.

B. Submission of Substantiating Data.1. Time and Manner. When factual informa-

tion is requested by the Procurement Officer tosubstantiate that the price or cost offered, or someportion of such price or cost, is reasonable, the bid-der or offeror shall submit such data to the Pro-curement Officer prior to beginning price negoti-ations at any reasonable time and in any reason-able manner prescribed by the Procurement Offi-cer. Such information shall either be actually sub-mitted or specifically identified in writing.

2. Refusal to Submit Data. A refusal by thebidder or offeror to supply the requested informa-tion may be grounds to disqualify the bidder or of-feror or to defer award pending further review andanalysis. (Procurement regulations § 4-403, datedAugust 1, 2012)

Types of contracts.A. Policy. Subject to the limitations of this sec-

tion, any type of contract which will promote thebest interests of WSSC may be used; provided,that the use of a cost-plus-a-percentage-of-costcontract is prohibited. A cost-reimbursement con-tract may be used only if the Chief ProcurementOfficer determines in writing that such a contractis likely to be less costly to WSSC than any othertype or that it is impracticable to obtain the goodsand supplies, services, or construction required ex-cept under such a contract.

B. Prohibition of Cost-Plus-a-Percentage-of-Cost Contracting. Except for a cost-plus-a-per-centage-of-cost contract which is prohibited by

this section, the use of any type of contract is per-missible. Permitted contract types include, but arenot limited to, the following:

1. Fixed-price contracts (with contract-spec-ified adjustments);

2. Firm fixed-price contracts;3. Cost-reimbursement contracts;4. Allowable-cost contracts;5. Cost-plus-fixed fee contracts;6. Cost incentive contracts;7. Fixed-price cost incentive contracts;8. Cost-reimbursement contracts with cost

incentive fee;9. Performance incentive contracts;10. Time-and-materials contracts;11. Labor-hour contracts;12. Definite-quantity contracts;13. Indefinite-quantity contracts;14. Indefinite-delivery indefinite-quantity

contracts; and15. Requirements contracts.

C. Option Provisions.1. Contract Provision. When a contract is to

contain an option for renewal, extension, or pur-chase, notice of such provision shall be included inthe solicitation. Exercise of an option is always atWSSC’s discretion.

2. Exercise of Option. Before exercising anyoption for renewal, extension, or purchase, theProcurement Officer should attempt to ascertainwhether a competitive procurement is practical, interms of pertinent competitive and cost factors,and would be more advantageous to WSSC thanrenewal or extension of the existing contract.

3. Lease with Purchase Option. A purchaseoption in a lease may be exercised only if the leasecontaining the purchase option was awarded undercompetitive sealed bidding or competitive sealedproposals, or the leased supply or facility is theonly supply or facility that can meet WSSC re-quirements, as determined in writing by the ChiefProcurement Officer. Before exercising such anoption the Procurement Officer shall:

a. Investigate alternative means of procur-ing comparable goods and supplies or facilities;

b. Compare estimated costs and benefitsassociated with the alternative means and the ex-ercise of such option; for example, the benefit ofbuying new, state-of-the-art equipment compared


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6.15.420

to the estimated, initial savings associated with ex-ercise of a purchase option; and

c. Obtain approval of the Chief FinancialOfficer for the original lease with purchase optioncontract.

D. Provision to Extend Contract for 90 Days.1. General. Under certain procurement cir-

cumstances, WSSC may find it advantageous toobtain the option of a unilateral contract extensionto extend the contract 90 days past its terminationdate.

2. Contract Provision. When a contract is tocontain an option for unilateral contract extensionfor 90 days, notice of such provision shall be in-cluded in the solicitation. If WSSC intends to exer-cise the extension, it shall provide written notice tothe contractor at least 30 days prior to the contracttermination date. The exercise of the extension isat WSSC’s sole discretion.

E. Policy Regarding Selection of ContractTypes.

1. General. The selection of an appropriatecontract type depends on factors such as the natureof the goods and supplies or services to be pro-cured, the uncertainties which may be involvedin contract performance, and the extent to whichWSSC or the contractor is to assume the risk of thecost of performance of the contract. Contract typesdiffer in the degree of responsibility assumed bythe contractor.

2. Among the factors that may be consideredin selecting any type of contract are:

a. Limitations on contract types stated inthe Public Utilities Article, §§ 20-101 through20-106, Annotated Code of Maryland;

b. The type and complexity of the supplyor service being procured;

c. The difficulty of estimating perfor-mance costs due to WSSC’s inability to developdefinitive specifications, identify risks to the con-tractor inherent in the nature of the work to beperformed, or otherwise establish clearly the re-quirements of the contract;

d. The administrative costs to both parties;e. The degree to which WSSC must pro-

vide technical coordination during the perfor-mance of the contract;

f. The effect the contract type may have onthe amount of competition to be expected;

g. The stability of material or commoditymarket prices or wage levels;

h. The urgency of the requirement; andi. The length of contract performance.

(Procurement regulations § 4-501, dated August 1,2012)

Multi-year contracts.A. Policy. The Chief Procurement Officer is au-

thorized to enter into multi-year contracts when itis in the best interests of WSSC provided WSSCretains the right to cancel such contracts after thefirst fiscal period (or one year) due to unavailabil-ity of funds.

B. Specified Period. Unless otherwise providedby law, a contract for goods and supplies or ser-vices may be entered into for any period of timedeemed to be in the best interests of WSSC pro-vided the terms of the contract and conditions ofrenewal or extension, if any, are included in the so-licitation and funds are available for the first fiscalperiod at the time of contracting. Payment and per-formance obligations for succeeding fiscal periodsshall be subject to the availability and appropria-tion of funds therefor.

C. Use. A multi-year contract is authorizedwhere:

1. Estimated requirements cover the periodof the contract and are reasonably firm and contin-uing; and

2. Such a contract will serve the best inter-ests of WSSC by encouraging effective competi-tion or otherwise promoting economies in WSSCprocurement.

D. Cancellation Due to Unavailability of Fundsin Succeeding Fiscal Periods. When funds are notappropriated or otherwise not made available tosupport continuation of performance in a subse-quent fiscal period, the contract shall be canceledand the contractor shall be reimbursed for the rea-sonable value of any nonrecurring costs incurredbut not amortized in the price of the goods andsupplies or services delivered under the contract.The cost of cancellation may be paid from any ap-propriations available for such purposes.

E. Award. Award shall be made as stated in thesolicitation and permitted under the source selec-tion method utilized.



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6.15.430

6.15.440

6.15.450

F. Cancellation.1. As used in multi-year contracting, “can-

cellation” means the cancellation of the total re-quirements for the remaining portion of the con-tract because funds were not appropriated or oth-erwise made available. The contract for the firstfiscal period (or one year) shall not be canceled.Cancellation results when the Procurement Officernotifies the contractor in writing of the nonavail-ability of funds for contract performance for anyfiscal period subsequent to the first period or thefirst year.

2. These provisions on cancellation of multi-year contracts do not limit the rights of WSSCor the contractor under any termination clause ofthe contract, if the contract is terminated pursuantto that clause rather than canceled as provided inthis subsection. (Procurement regulations § 4-502,dated August 1, 2012)

Multiple awards.A. General. A multiple award is an award of an

indefinite-quantity contract for one or more simi-lar goods and supplies or services to more than onebidder or offeror.

B. Limitations on Use. A multiple award maybe made when award to two or more bidders orofferors for similar products is necessary or con-venient, or to ensure adequate delivery, service, orproduct compatibility. Multiple awards may not bemade when a single award will meet WSSC needswithout sacrifice of economy or service.

C. Intent to Use. If a multiple award is antici-pated prior to issuing a solicitation, WSSC may re-serve the right to make such an award.

D. Incremental Award.1. General. An incremental award is an

award of portions of a definite-quantity require-ment to more than one contractor. Each portion isfor a definite quantity and the sum of the portionsis the total definite quantity required.

2. Intent to Use. If an incremental award isanticipated prior to issuing a solicitation, WSSCmay reserve the right to make such an award andthe criteria for award shall be stated in the solicita-tion. (Procurement regulations § 4-503, dated Au-gust 1, 2012)

Right to inspect plant andfacilities.

WSSC may, at reasonable times, inspect the partof a plant or facilities or place of business of acontractor or any subcontractor which is relatedto the performance of any contract awarded or tobe awarded by WSSC. (Procurement regulations§ 4-601, dated August 1, 2012)

Right to audit records.A. Audit of Cost or Pricing Data. WSSC may,

at reasonable times and places, audit the books andsupporting documents of any person who has sub-mitted data in substantiation of offered prices tothe extent that such books and supporting docu-ments relate to that data. Any person who receivesa contract, change order, or contract modificationfor which such data is required shall maintain suchbooks and records that relate to such cost or pric-ing data for a number of years as specified by theOffice of the Chief Procurement Officer. All suchbooks and supporting documents must be retainedfor at least five years after the contract expirationdate or after the acceptance of work, whichever islast.

B. Contract Audit. WSSC shall be entitled toaudit the books and supporting documents of acontractor or any subcontractor under any negoti-ated contract or subcontract to the extent that suchbooks and supporting documents relate to the per-formance of such contract or subcontract. Suchbooks and supporting documents shall be main-tained by the contractor for a number of yearsspecified by the Office of the Chief ProcurementOfficer. All such books and supporting documentsmust be retained for at least five years after thecontract expiration date or after the acceptance ofwork, whichever is last. WSSC reserves the rightto audit any and all contracts to ensure compliancewith SLMBE participation goals.

C. Independent Peer Reviewer. For any archi-tectural and engineering or design-build contracts,an independent peer reviewer may be selectedthrough competitive sealed proposals to provideindependent peer reviewer services, as these termsare defined in WSSC 6.15.070. (Procurement reg-ulations § 4-602, dated August 1, 2012)


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6.15.460

6.15.470

6.15.480

6.15.490

6.15.500

Project delivery methods – ChiefProcurement Officer authority.

For procurements relating to infrastructure fa-cilities projects, the Chief Procurement Officershall have authority to:

A. Set forth criteria to be used in determiningwhich project delivery method is to be used for aparticular project;

B. Grant to the designee(s) of the Chief Pro-curement Officer or to the head of WSSC usingdepartment responsible for carrying out the projectthe discretion to select and apply an appropriateproject delivery method for a particular project;

C. Describe the bond, insurance, and other se-curity provisions contained in this chapter that ap-ply to each project; and

D. Describe the appropriate contract clausesand fiscal responsibility requirements in this chap-ter that apply to each project. (Procurement regu-lations § 4-701, dated August 1, 2012)

Bid security.A. Requirement for Bid Security. Bid security

may be required for all competitive sealed biddingfor construction contracts when the price is es-timated by the Chief Procurement Officer to ex-ceed a threshold amount. Bid security shall be abond provided by a surety company authorizedto do business in the state, or the equivalent incash, or otherwise supplied in a form satisfactoryto WSSC. Nothing herein prevents the require-ment of such bonds on such contracts under thethreshold amount.

B. Amount of Security. Bid security shall be inan amount equal to at least a specified percentageof the amount of the bid, as specified by the ChiefProcurement Officer.

1. Rejection of Bids for Noncompliance withBid Security Requirements. Failure to submit therequired bid security shall result in the rejection ofthe bid.

2. Withdrawal of Bids. After bids areopened, they shall be irrevocable for the periodspecified in the invitation for bids, except as pro-vided in WSSC 6.15.310(L). If a bidder is permit-ted to withdraw its bid before award or is excludedfrom the competition before award, no action shallbe taken against the bidder or the bid security.(Procurement regulations § 4-801, dated August 1,2012)

Contract performance andpayment bonds.

A. When Required – Amounts. When a con-struction contract is awarded in excess of a thresh-old amount established by the Chief ProcurementOfficer, the Chief Procurement Officer may stip-ulate that bonds or security shall be delivered toWSSC and shall become binding on the partiesupon the execution of the contract by providing:

1. A performance bond satisfactory toWSSC, executed by a surety company authorizedto do business in Maryland or otherwise securedin a manner satisfactory to WSSC, in an amountequal to 100 percent of the portion of the contractprice that does not include the cost of operation,maintenance, and finance; and

2. A payment bond satisfactory to WSSC,executed by a surety company authorized to dobusiness in Maryland or otherwise secured in amanner satisfactory to WSSC, for the protectionof all persons supplying labor and material to thecontractor or its subcontractors for the perfor-mance of the construction work provided for in thecontract.

B. Reduction of Bond Amounts. Subject to thelegal authorities, the Chief Procurement Officermay reduce the amount of performance and pay-ment bonds when it is in the best of interest ofWSSC.

C. Suits on Payment Bonds – Right toInstitute. The right to institute suit on a paymentbond is governed by the State Finance and Pro-curement Article, §§ 17-108 and 17-109, Anno-tated Code of Maryland. (Procurement regulations§ 4-802, dated August 1, 2012)

Insurance.Offerors must provide appropriate insurance to

cover services as indicated in the solicitation doc-uments. (Procurement regulations § 4-803, datedAugust 1, 2012)

Exceptions to competitiveprocurement procedures – Policy.

Noncompetitive procurement procedures maybe utilized for certain categories of goods and sup-plies and services only upon a determination thatsuch procedures are in WSSC’s best interests. Thefollowing categories of goods and supplies or ser-vices may be purchased using noncompetitive pro-



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6.15.510

6.15.520

6.15.530

cedures upon written approval of the Chief Pro-curement Officer.

A. Purchase, rent, or lease of land or other in-terest in real property;

B. Personal property sold at an auction by a li-censed auctioneer;

C. Legal services;D. Medical services;E. Research and educational items and ser-

vices;F. Standardized item or service from a single

source or several selected sources when such stan-dardization is deemed in the best interests ofWSSC;

G. Confidential investigative goods and sup-plies and/or services;

H. Samples for testing purposes;I. Repair, maintenance, reconditioning, and/or

overhaul of equipment, devices, or software by themanufacturer or the manufacturer’s sole agent; and

J. Services incidental to debt and debt is-suances. (Procurement regulations § 4-901, datedAugust 1, 2012)

Article V. Construction and Design/BuildContracts

Application of MarylandAnnotated Code.

Construction and design/build procurement isgoverned specifically by the Public Utilities Ar-ticle, § 20-101 et seq., Annotated Code of Mary-land. (Procurement regulations § 5-101, dated Au-gust 1, 2012)

Application of regulations.The regulations codified in this chapter are ap-

plicable to construction and design/build procure-ment unless: they conflict with any provision(s) ofthe Public Utilities Article, § 20-101 et seq., An-notated Code of Maryland; the application of aregulation(s) would be inconsistent with any pro-vision(s) of the Public Utilities Article, § 20-101et seq., Annotated Code of Maryland; or there isa provision(s) in the Public Utilities Article,§ 20-101 et seq., Annotated Code of Maryland,that specifically addresses a matter included in theregulations. (Procurement regulations § 5-102,dated August 1, 2012)

Article VI. Legal and Contractual Remedies

Protests of solicitations andawards.

A. Right to Protest. Any actual or prospectivebidder or offeror who is aggrieved in connectionwith a solicitation or an award of a contract mayprotest to the Chief Procurement Officer. Theprotest shall be in writing and filed with the Officeof the Chief Procurement Officer within sevendays after such aggrieved person knows or shouldhave known of the facts giving rise to the protest.A protest shall be considered untimely if it is notreceived by the Office of the Chief ProcurementOfficer within the time period stated above. A bid-der or offeror is aggrieved only if the bidder or of-feror can demonstrate that, should the protest besustained, the bidder or offeror may be eligible forthe award.

B. Form of Protest. The written protest shall in-clude, at minimum, the following:

1. Name and address of the protestor;2. Solicitation or contract number;3. Statement of reasons for the protest;4. Supporting exhibits, evidence, or docu-

ments to substantiate any claims; and5. A filing fee in the amount specified in

WSSC’s approved fees and charges schedule. Thefiling fee shall be in the form of a check payable toWSSC.

C. Authority to Resolve Protests. The ChiefProcurement Officer, after consultation with theGeneral Counsel’s Office, shall have the authority,prior to the commencement of an action in courtconcerning the controversy, to settle and resolve aprotest of an aggrieved bidder or offeror concern-ing the solicitation or award of a contract.

D. Award of Contract During a Protest. In theevent of a timely protest, WSSC shall not proceedfurther with a solicitation or with the award of acontract until after a written decision on the protesthas been issued by the Chief Procurement Officer,unless the Chief Procurement Officer, after consul-tation with the General Counsel’s Office and theappropriate using department, determines in writ-ing that awarding a contract without delay is nec-essary to protect the interests of WSSC.

E. Final Decision. If the protest is not resolvedby mutual agreement, the Chief Procurement Of-ficer must adjudicate the protest on the record and


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6.15.540

issue a final written decision within 21 days of re-ceiving the protest. The decision must:

1. State the reasons for the action taken; and2. Inform the bidder or offeror of its right to

appeal the written decision pursuant to subsectionF of this section.

F. Appeal to Court. The aggrieved bidder or of-feror may appeal the written decision of the ChiefProcurement Officer to the Circuit Court for Mont-gomery County or the Circuit Court for PrinceGeorge’s County under the Maryland rules gov-erning administrative mandamus actions.

G. Entitlement to Costs. If a protest is sustainedby the Chief Procurement Officer and the protest-ing bidder or offeror should have been, but wasnot, awarded the contract under the solicitation,the aggrieved bidder or offeror shall be entitled tothe reasonable costs incurred in connection withthe solicitation, including bid preparation costs.The aggrieved bidder or offeror shall not be en-titled to recover any attorneys’ fees incurred inconnection with the solicitation or protest. Theprotesting bidder or offeror shall also be entitledto a refund of the protest filing fee. (Procurementregulations § 6-101, dated August 1, 2012)

Debarment or suspension.A. Debarment. After reasonable notice to the

contractor or prospective contractor involved andreasonable opportunity for that contractor orprospective contractor to be heard, the Chief Pro-curement Officer, after consultation with the ap-propriate using department and the General Coun-sel’s Office, shall have authority to debar a con-tractor or prospective contractor for cause fromconsideration for award of contracts. The debar-ment shall not be for a period of more than threeyears.

1. Causes for Debarment. The causes for de-barment may include:

a. Conviction for commission of a crimi-nal offense incident to obtaining or attempting toobtain a public or private contract or subcontract,or in the performance of the contract or subcon-tract;

b. Conviction of embezzlement, theft,forgery, bribery, falsification or destruction ofrecords, receiving stolen property, kickbacks, orany other offense indicating a lack of business in-tegrity;

c. Conviction under state or federal an-titrust statutes arising out of the submission of bidsor proposals;

d. A violation of WSSC contract provi-sions of a character which is regarded by the ChiefProcurement Officer to be so serious as to justifydebarment action. These provisions may include,but are not limited to, the following:

i. Failure without good cause to performunder the specifications or within the time limitprovided in the contract;

ii. A record of failure to perform or ofunsatisfactory performance under the provisionsof one or more contracts; however, failure to per-form or unsatisfactory performance caused by actsbeyond the control of the contractor are not a basisfor debarment; or

iii. Failure to meet contractual indemni-fication obligations under the provisions of one ormore contracts;

e. Any other serious cause the Chief Pro-curement Officer determines to be so compellingas to affect the competency or integrity of a con-tractor, including debarment or suspension by an-other public entity;

f. A determination by WSSC’s Board ofEthics of a violation of one or more ethical stan-dards set forth in WSSC’s Code of Ethics; or

g. A record of noncompliance with or un-satisfactory performance of the requirements setforth in WSSC Chapters 6.30 and 6.35 and anysuccessor standard procedures thereto.

2. Initiation of Debarment Action. Writtennotice of the proposed debarment action shall besent by certified mail (return receipt requested) tothe contractor or prospective contractor. This no-tice shall:

a. State that debarment is being consid-ered;

b. Set forth the reasons for the action;c. State that if the contractor or prospec-

tive contractor so requests a hearing will be held,provided a written request is received by the ChiefProcurement Officer within 10 days after the con-tractor or prospective contractor receives notice ofthe proposed action; and

d. State that the contractor or prospectivecontractor may be represented by counsel.



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3. Failure to Timely Request a Hearing. TheChief Procurement Officer, after consultation withthe appropriate using department and the GeneralCounsel’s Office, may immediately issue a finalwritten decision and order on the debarment actionif the contractor or prospective contractor fails totimely request a hearing in writing.

4. Appointment of Hearing Officer andNotice of Hearing. If a hearing is timely requested,the Chief Procurement Officer may:

a. Act as the sole Hearing Officer; orb. In consultation with the General Coun-

sel’s Office, appoint a Hearing Officer, preferablya private practice attorney or retired judge with ex-pertise and experience in the relevant subject mat-ter.

The Hearing Officer shall send a writtennotice of the time and place of the hearing. Suchnotice shall be sent by certified mail, return receiptrequested, and shall state the nature and purpose ofthe proceedings.

5. Authority of Hearing Officer and HearingProcedure. The authority of the Hearing Officerand the hearing procedure shall be governed byWSSC Chapter 2.35 (Procedure for AdjudicatoryHearings), as amended, revised or superseded byanother standard procedure relating to adjudica-tory hearing procedure, unless any provisions con-tained therein conflict with this chapter. In such aninstance, this chapter governs.

6. Proposed Decision and Order.a. If the Chief Procurement Officer ap-

points a Hearing Officer, the Hearing Officer, afterthe hearing has concluded and the record closed,shall issue a proposed decision and order to theChief Procurement Officer and to the contractor orprospective contractor. The proposed decision andorder shall be in writing, including separate find-ings of fact and conclusions of law. The findingsof fact shall concisely state the resolution of eachcontested issue of fact and shall be based exclu-sively on the evidence of record and matters of-ficially noticed. The proposed decision and ordershall use as its standard of proof the preponderanceof the evidence.

b. Upon receipt, the Chief ProcurementOfficer shall review the proposed decision and or-der. In addition, the Chief Procurement Officermay request that the parties to the hearing submit

exceptions to the proposed decision and order.Based thereon, the Chief Procurement Officer mayaffirm, reverse, or modify the proposed decisionor order, by issuing a final decision and order (seesubsection (A)(7) of this section). Alternatively,the Chief Procurement Officer may remand thecase to the appointed Hearing Officer for furtherproceedings and issuance of a further proposed de-cision and order.

7. Final Decision and Order.a. The Chief Procurement Officer shall is-

sue a final decision and order after the hearing hasconcluded and the record has closed. The final de-cision and order shall be in writing, including sep-arate findings of fact and conclusions of law. Thefindings of fact shall concisely state the resolutionof each contested issue of fact and shall be basedexclusively on the evidence of record and mattersofficially noticed. The final decision shall use asits standard of proof the preponderance of the evi-dence.

b. The contractor or prospective contrac-tor shall be provided a copy of the final decisionand order and informed of the right to appeal thefinal decision and order pursuant to subsection(A)(8) of this section.

8. Appeal to Court. The contractor orprospective contractor may appeal the final de-cision and order to the Circuit Court for Mont-gomery County or the Circuit Court for PrinceGeorge’s County under the Maryland rules gov-erning administrative mandamus actions.

9. Effect of Debarment Decision. A debar-ment determination will take effect when the finaldecision and order is issued. After the debarmentdecision takes effect, the contractor or prospectivecontractor will be debarred from consideration foraward of contracts until the debarment periodspecified in the written decision expires.

B. Suspension. The Chief Procurement Officer,after consultation with the appropriate using de-partment and the General Counsel’s Office, shallhave authority to suspend a person from considera-tion for award of contracts if probable cause existsfor debarment. The suspension shall be co-exten-sive with initiation and implementation of the de-barment procedures set forth in this section butshall not exceed six months.


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6.15.550

1. Notice of Suspension. Written notice ofthe suspension shall be sent by certified mail (re-turn receipt requested) to the contractor orprospective contractor. This notice shall:

a. State that possible debarment is beinginvestigated;

b. Set forth the reasons for the action;c. State that the suspension shall be coex-

tensive with the initiation and implementation ofthe debarment procedures set forth in this sectionbut shall not exceed six months; and

d. State that bids or proposals will not besolicited from the suspended contractor orprospective contractor, and, if they are receivedwill not be considered during the period of suspen-sion.

2. Effect of Suspension. A contractor orprospective contractor is suspended upon issuanceof the notice of suspension. If bids or proposalsare received, they will not be considered duringthe period of suspension. (Procurement regulations§ 6-102, dated August 1, 2012)

Solicitations or awards inviolation of law.

A. Remedies Prior to an Award. If the ChiefProcurement Officer, after consultation with theGeneral Counsel’s Office, determines that a solic-itation or proposed award is in violation of anyprovision of this chapter or other applicable lawsor regulations, including but not limited to the le-gal authorities, the solicitation or proposed awardshall be:

1. Canceled; or2. Revised to comply with this chapter, the

legal authorities, or other applicable laws.B. Remedies After an Award. If the Chief Pro-

curement Officer, after consultation with the Gen-eral Counsel’s Office, determines that a solicita-tion or award is in violation of any provision ofthis chapter, the legal authorities, or other applica-ble laws or regulations, then:

1. If the person awarded the contract has notacted fraudulently or in bad faith:

a. If the violation can be waived withoutprejudice to WSSC or other bidders or offerors, thepreferred action is to ratify and affirm the contract.

b. If the violation cannot be waived with-out prejudice to WSSC or other bidders or offer-ors, and performance has not begun, and if there

is time for resoliciting bids or offers, the contractshall be terminated. If there is no time for reso-liciting bids or offers either formally or informallyunder emergency authority, the contract may beratified and affirmed.

c. If the violation cannot be waived with-out prejudice to WSSC or other bidders or offerorsand if performance has begun, the Chief Procure-ment Officer, after consultation with the GeneralCounsel’s Office, shall determine whether it is inthe best interests of WSSC to terminate the con-tract or, alternatively, to ratify and affirm the con-tract. The best interest factors include, but are notlimited to, the costs to WSSC in terminating andresoliciting and the progress made toward per-forming the whole contract.

d. If the contract is terminated, the personawarded the contract shall be compensated for theactual expenses reasonably incurred under thecontract, plus a reasonable profit, prior to the ter-mination. If there are no applicable terminationprovisions in the contract, settlement shall bemade on the basis of actual costs directly or indi-rectly allocable to the contract up to the time oftermination. Such costs shall be established in ac-cordance with generally accepted accounting prin-ciples. Profit shall be proportionate only to theperformance completed up to the time of termina-tion. Anticipated profits are not allowed.

2. If the person awarded the contract hasacted fraudulently or in bad faith:

a. The contract may be declared null andvoid. In all cases where a contract is voided, nofurther payments shall be made under the contractand WSSC may pursue legal action and claimdamages under any applicable legal theory; or

b. The contract may be ratified and af-firmed if such action is in the best interests ofWSSC, and such action does not prejudiceWSSC’s right to pursue legal action and damagesas may be appropriate. The best interest factors in-clude, but are not limited to, the costs to WSSCin voiding the contract and resoliciting, and theprogress made toward performing the whole con-tract. WSSC shall be entitled to any damages it canprove under any theory including, but not limitedto, contract and tort, regardless of its ratificationand affirmation of the contract. (Procurement reg-ulations § 6-103, dated August 1, 2012)



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6.15.560 Contract dispute resolution.A. Construction and Architectural and

Engineering Contracts.1. Applicability. This section applies to

claims by a contractor against WSSC which ariseunder, or by virtue of, a construction, architecturaland engineering, or design/build contract betweenthem. This includes, without limitation, controver-sies based upon breach of contract, mistake, mis-representation, or other cause for contract modifi-cation or rescission.

2. Time and Form. All claims by a contractormust be filed in writing with the designated Engi-neer for the contract within 30 days of the eventgiving rise to the controversy, dispute, or othermatter. The claim must include the following:

a. Explanation of claim and identificationof contract number, including reference to contractprovisions upon which it is based;

b. Amount of claim;c. Facts upon which claim is based; andd. Copies of any and all documents rele-

vant to the claim.3. Engineer’s Final Decision and Appeal.

Unless otherwise agreed by the parties, the En-gineer will issue a final decision of the Engineerin writing. The Engineer’s decision shall be finaland binding upon the parties unless, within 30days of receipt of the final decision of the Engi-neer, a contractor serves both the Engineer and theChief Procurement Officer with a written, inter-nal appeal setting forth in detail the basis of theappeal, the contract provision or provisions reliedupon, specific designation of all documents andwitnesses that support the internal appeal, and therelief sought.

4. Response. The Engineer must file a writ-ten response to the internal appeal with the ChiefProcurement Officer within 30 days of receipt ofthe appeal. The Engineer must also provide a copyof the written response to the appeal to the contrac-tor.

5. Authority. The Chief Procurement Officer,after consultation with the General Counsel’s Of-fice, is authorized, prior to commencement of anaction in a court concerning the controversy, to at-tempt to settle a timely submitted internal appeal.The Chief Procurement Officer may delegate thisauthority to a Hearing Officer who the Chief Pro-

curement Officer appoints in consultation with theGeneral Counsel’s Office and who, preferably, is aprivate practice attorney or retired judge with ex-pertise and experience in analyzing and resolvingthese types of disputes.

6. Informal Hearing. The Chief ProcurementOfficer, in consultation with the General Counsel’sOffice, or the Hearing Officer appointed pursuantto subsection (A)(5) of this section, may convenean informal hearing upon seven days’ notice toboth parties for the purpose of either facilitating asettlement or assisting preparation of a final deci-sion. If the informal hearing is held before a Hear-ing Officer, then, the Hearing Officer shall prepareproposed findings of fact and conclusions of law,which shall be submitted to the Chief ProcurementOfficer within 15 days of the conclusion of thehearing.

7. Final Decision. If the internal appeal is notsettled, the Chief Procurement Officer will issue afinal decision in writing within 45 days after re-ceipt of the Engineer’s written response or within60 days of the conclusion of an informal hearing.The final decision shall:

a. State the reasons for the action taken;and

b. Inform the contractor of his right to ap-peal to circuit court the written decision pursuantto subsection (A)(8) of this section.

8. Appeal to Court. The contractor may ap-peal the final decision to the Circuit Court forMontgomery County or the Circuit Court forPrince George’s County under the Maryland rulesgoverning administrative mandamus actions.

B. All Other Contracts.1. Applicability. This section applies to

claims by a contractor against WSSC which ariseunder, or by virtue of, a contract that is not aconstruction, architectural and engineering, or de-sign/build contract. This includes, without limita-tion, controversies based upon breach of contract,mistake, misrepresentation, or other cause for con-tract modification or rescission.

2. Time and Form. All claims must be filedin writing with the Chief Procurement Officerwithin 30 days of the event giving rise to the con-troversy, dispute, or other matter. The claim mustinclude the following:


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6.15.570

a. Explanation of claim and identificationof contract number, including reference to contractprovisions upon which it is based;

b. Amount of claim;c. Facts upon which claim is based; andd. Copies of any and all documents rele-

vant to the claim.3. Response. A written response to the claim

must be filed by the appropriate using departmentwith the Chief Procurement Officer within 30 daysof receipt of the claim. The using department mustalso provide a copy of the written response to thecontractor.

4. Authority. The Chief Procurement Officer,after consultation with the General Counsel’s Of-fice, is authorized, prior to commencement of anaction in a court concerning the controversy, to set-tle a timely submitted claim. The Chief Procure-ment Officer may delegate this authority to a Hear-ing Officer who the Chief Procurement Officerappoints in consultation with the General Coun-sel’s Office and who, preferably, is a private prac-tice attorney or retired judge with expertise andexperience in analyzing and resolving these typesof disputes.

5. Informal Hearing. The Chief ProcurementOfficer, in consultation with the General Counsel’sOffice, or the Hearing Officer appointed pursuantto subsection (B)(4) of this section, may convenean informal hearing upon seven days’ notice toboth parties for the purpose of either facilitating asettlement or assisting preparation of a final deci-sion. If the informal hearing is held before a Hear-ing Officer, then the Hearing Officer shall prepareproposed findings of fact and conclusions of law,which shall be submitted to the Chief ProcurementOfficer within 15 days of the conclusion of thehearing.

6. Final Decision. If the claim is not settled,the Chief Procurement Officer will issue a finaldecision in writing within 45 days after receipt ofthe using department’s written response or within60 days of the conclusion of an informal hearing.The final decision shall:

a. State the reasons for the action taken;and

b. Inform the contractor of his right to ap-peal the written decision pursuant to subsection(B)(7) of this section.

7. Appeal to Court. The contractor may ap-peal the final decision to the Circuit Court forMontgomery County or the Circuit Court forPrince George’s County under the Maryland rulesgoverning administrative mandamus actions. (Pro-curement regulations § 6-104, dated August 1,2012)

Contract terminations.A. Termination Methods. A contract may be

terminated in three ways:1. A contract may be terminated for default.

If the contractor materially breaches the contract,WSSC, at its option, may cancel, in whole or inpart, work under the contract. A termination fordefault is a termination for convenience if the ter-mination for default is later found to be withoutjustification.

2. A contract may be terminated for conve-nience at the option of WSSC if the terminationis in the best interests of WSSC. Termination forconvenience may entitle the contractor to paymentfor reasonable costs allocable to the contract forwork or costs incurred by the contractor up to thedate of termination. The contractor shall not bepaid compensation as a result of a termination forconvenience that exceeds the amount encumberedto pay for work to be performed under the contract.

3. In special circumstances, a contract maybe terminated by mutual consent of the parties.

B. Authority to Terminate. Only the Chief Pro-curement Officer may terminate a contract. TheGeneral Counsel’s Office must approve each con-tract termination.

C. Termination for Default.1. The using department must provide the

Chief Procurement Officer with documentationdemonstrating a material breach of the contract bythe contractor.

2. If the Chief Procurement Officer finds thatthe contractor is in default, the Chief ProcurementOfficer must provide the contractor with a writtennotice to cure the default. If the Chief ProcurementOfficer determines that the default contributes tothe curtailment of an essential service or poses animmediate threat to life, health, or property, theChief Procurement Officer may terminate the con-tract immediately by issuing an oral or writtennotice to the contractor without giving any priornotice or opportunity to cure.



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3. The General Counsel’s Office must ap-prove the issuance of the notice to cure and the is-suance of a termination for default.

4. If the contractor disputes the issuance of atermination for default, the contractor may file atimely claim under WSSC 6.15.560. The contrac-tor may not file a claim in response to a notice tocure.

D. Termination for Convenience.1. The using department must provide the

Chief Procurement Officer with documentationdemonstrating that termination of the contract forconvenience is in the best interests of WSSC.

2. If the Chief Procurement Officer finds thatthe contract should be terminated for convenience,the Chief Procurement Officer must provide thecontractor with written notice that the contract willbe terminated for convenience on the date spec-ified in the notice. The notice must require thecontractor to provide the Chief Procurement Offi-cer with documentation indicating the amount towhich the contractor claims it is due as a result ofthe termination for convenience.

3. Within the time specified in the notice oftermination for convenience, the contractor mustprovide the Chief Procurement Officer with docu-mentation substantiating the amount the contractorasserts it is due as a result of the termination forconvenience.

4. If the Chief Procurement Officer and thecontractor agree on the amount due the contractoras a result of the termination for convenience,WSSC and the contractor must enter into a con-tract modification setting forth the amount due thecontractor as a result of the termination for conve-nience.

5. The General Counsel’s Office must ap-prove the issuance of the notice of termination forconvenience and any resulting contract modifica-tion.

6. If the contractor and the Chief Procure-ment Officer cannot agree on the amount due thecontractor as a result of the termination for conve-nience, the contractor may file a timely claim un-der WSSC 6.15.560.

E. Termination by Mutual Consent.1. The using department must provide the

Chief Procurement Officer with documentation

justifying termination of a contract by mutual con-sent.

2. If the Chief Procurement Officer finds thatit is in the best interests of WSSC to terminate thecontract by mutual consent, the Chief ProcurementOfficer may enter into a termination agreement.

3. The General Counsel’s Office must ap-prove a termination agreement. (Procurement reg-ulations § 6-105, dated August 1, 2012)


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6.25.010

6.25.010 6.30.0106.30.020

6.30.0306.30.040

6.30.0506.30.0606.30.0706.30.080

6.30.0906.30.1006.30.110

6.30.1206.30.130

6.30.1406.30.150

6.30.160

6.30.1706.30.180

6.30.1906.30.200

6.30.2106.30.2206.30.230

Chapter 6.25

SUPPLIER GUIDE FOR SUPPLIERREGISTRATION AND SOLICITATION

ACCESS

Sections:Supplier Guide for SupplierRegistration and SolicitationAccess.

Supplier Guide for SupplierRegistration and SolicitationAccess.

A PDF of the Supplier Guide for Supplier Reg-istration and Solicitation Access☰ is available fordownload.

Subtitle II. Supplier Diversity

Chapter 6.30

MINORITY BUSINESS ENTERPRISE(MBE) PROGRAM

Sections:


Purpose.Statement of policies andobjectives.Definitions.Factual predicate.

Article II. Race- and Gender-Neutral Remedies

Introduction.Expanded unbundling.Mentor-protege program.Access to capital, bonding andinsurance requirements.Aggressive outreach.Small contracts rotation.Supplier diversity distributor (value-added) program.Expedited payment.Post-award contract compliancemonitoring.Bid debriefings.Monitoring, tracking, and reportingof program and contractingactivities.Prohibition of discrimination.

Article III. Race- and Gender-ConsciousRemedies

Introduction.Optimization of diverse businessdevelopment program (ODBDP)(formerly “sheltered marketprogram”).Conditions.Architectural and engineering(A&E).Construction.Goods and services.Professional services.



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https://municipal.codes/MD/WSSC/Code/Media/SupplierGuideforSupplierRegistrationandSolicitationAccess.pdf

https://municipal.codes/MD/WSSC/Code/Media/SupplierGuideforSupplierRegistrationandSolicitationAccess.pdf

6.30.2406.30.2506.30.260

6.30.2706.30.2806.30.2906.30.3006.30.310

6.30.010

6.30.020

Article IV. Program Administration

MBE certification.Graduation.Requests for waiver or modificationto subcontracting plan(s).Enforcement.Periodic update of factual predicate.Severability.Regulatory status.Applicability.


Purpose.In accordance with the Public Utilities Article,

§§ 20-203 and 20-204, Annotated Code of Mary-land, this chapter establishes:

A. A minority business enterprise utilizationprogram to facilitate participation of responsiblecertified minority business enterprises (MBE) indesign/build and construction contracts awardedby the Washington Suburban Sanitary Commis-sion (“Commission” or “WSSC”); and

B. A minority business enterprise utilizationprogram to facilitate participation of responsiblecertified minority business enterprises in goodsand services contracts awarded by the Commis-sion other than those covered by the program fordesign/build and construction contracts.

C. Specialized terms used in this chapter aredefined in WSSC 6.30.030. (REG-PROC-SD-2017-004 § I)

Statement of policies andobjectives.

A. Policies.1. WSSC is committed to avoid being an ac-

tive or passive participant in public or private sec-tor discrimination or in any system of exclusionbased on race, gender or ethnicity.

2. WSSC will carry out the requirements ofthe Public Utilities Article, §§ 20-203 and 20-204,Annotated Code of Maryland, in a manner consis-tent with the United States Constitution, the Mary-land Constitution, and applicable federal and statestatutes and regulations, as construed by applica-ble judicial precedent.

3. WSSC has a compelling interest to rem-edy any ongoing effects of marketplace discrimi-

nation against minority- and women-owned busi-ness enterprises that are ready, willing, and able toprovide services for any of the four contracting ar-eas to the Commission.

4. In accordance with constitutional require-ments relating to proper justification for a minoritybusiness program, WSSC must determine whetherthere is a strong basis in evidence of ongoing ef-fects of past or present discrimination, and mustalso determine that remedial action is necessaryto alleviate any identified discrimination. WSSC’sfactual predicate for this chapter includes a studydemonstrating a statistically significant disparitybetween availability and utilization of ready, will-ing and able prime contractors and subcontractorsthat are minority- and women-owned business en-terprises.

5. The remedies in this chapter are intendedto further WSSC’s compelling interest in ensuringthat the Commission is neither an active nor pas-sive participant in private or public sector mar-ketplace discrimination, and to actively promoteequal opportunity for all segments of the contract-ing and business community to participate inWSSC contracts.

6. This chapter’s remedies are narrowly tai-lored and are intended to promote greater avail-ability, capacity development, and contract partic-ipation by minority- and women-owned businessenterprises in WSSC contracts. The Commissionshall use race- and gender-conscious means for ad-dressing statistically significant disparities withinits contract participation as a last resort only afterconsidering use of race- and gender-neutral meansand finding that they alone will likely be insuffi-cient to remedy the effects of identified discrimi-nation.

7. The General Manager/CEO, in consulta-tion with the OSDI Director, the Chief Procure-ment Officer and the General Counsel, on an on-going basis, will recommend to the Commissionamendments to this chapter necessary to complywith changes in applicable law and to fully effec-tuate the policies and objectives set forth herein.

8. The Commission shall take all necessary,reasonable, and legal action to prevent discrimina-tion, and to ensure that all businesses (includingminority- and women-owned business enterprises)are afforded the maximum practicable opportunity

6.30.010 MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM

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6.30.030

to participate in the Commission’s contractingprocess.

9. Consistent with Title 19 of the State Fi-nance and Procurement Article, Annotated Codeof Maryland, the Commission will not enter into acontract with any business entity that has discrim-inated in the solicitation, selection, or treatmentof subcontractors, suppliers, vendors, or commer-cial customers or any otherwise unlawful use ofcharacteristics regarding the vendor’s, supplier’s,or commercial customer’s employees or owners asprovided for in state law.

10. The Office of Supplier Diversity and In-clusion (OSDI) along with the Chief ProcurementOfficer shall have primary oversight responsibilitywith the full support and cooperation of all otherWSSC offices in administering and ensuring com-pliance with all policies and procedures estab-lished herein.

11. WSSC shall implement such other poli-cies that are consistent with applicable law andthat it deems necessary and appropriate to remedythe ongoing effects of past and present discrimina-tion.

B. Objectives. The objectives of this chapter in-clude:

1. To eliminate or minimize statistically sig-nificant underutilization of minority- and women-owned business enterprises in those contractingcategories and for those ethnicities in which suchunderutilization has been found to exist. In pursu-ing this objective, the Commission may use race-and gender-conscious remedies for addressing sta-tistically significant underutilization within itscontract participation, as a last resort only afterconsidering use of race- and gender-neutral meansand finding that they alone will likely be insuffi-cient to remedy the effects of identified discrimi-nation.

2. To increase participation of ready, willingand able minority- and women-owned businessenterprises that are aware of WSSC contractingopportunities and who avail themselves of thoseopportunities by competing for WSSC prime con-tracting and subcontracting opportunities. (REG-PROC-SD-2017-004 § II)

Definitions.“Affirmative procurement initiatives (APIs)”

means waivers, bid incentives, price preferences,

optimization of diverse business development pro-gram, subcontracting, small contract rotation pro-gram, mentor-protege program, and MBE orWSSC-approved SLBE preference points in theproposal evaluations, expanded unbundling ofcontracts, bonding and insurance requirements,and expedited payments for subcontractors.

“Architectural and engineering (A&E)” meansprofessional services of an architectural or engi-neering nature; or required to be performed or ap-proved by a person licensed, registered, or cer-tified to provide such services; or related to re-search, planning, development, design, construc-tion, alteration, or repair of real property; or in-cidental services, which such individuals perform,including studies, investigations, surveying, map-ping, tests, evaluations, consultations, comprehen-sive planning, program management, conceptualdesigns, plans and specifications, value engineer-ing, construction phase services, soils engineering,drawing reviews, preparation of operating andmaintenance manuals, and other related services.Systems engineering related to WSSC informationtechnology is included in professional services.

“Award” means the final selection of a bidder orofferor for a specified prime contract or subcon-tract dollar amount. Contract awards are made bythe Commission to prime contractors or vendorsand by prime contractors or vendors to subcontrac-tors or sub-vendors, usually pursuant to an openinvitation for bid (IFB) or request for proposal(RFP) or qualification process. (Contract awardsare to be distinguished from contract paymentsin that they only reflect the anticipated dollaramounts instead of actual dollar amounts that arepaid to a bidder or offeror under an awarded con-tract.)

“Bid discounts” means a race- and gender-con-scious remedy for competitively bid contracts.These discounts are subject to the Public UtilitiesArticle, § 20-204(b)(10), Annotated Code ofMaryland (and any successor provision).

“Bidder” means a firm submitting a price orproposal in response to an invitation for bid (IFB)or request for quote (RFQ).

Commercially Useful Function. A business en-terprise or firm performs a commercially usefulfunction when, based on all relevant facts and cir-cumstances, it is responsible for execution of the



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work of the contract by actually performing, man-aging and supervising the work involved. Thus,the enterprise or firm must be responsible, with re-spect to material and supplies used on the contract,for negotiating price, determining quality andquantity, ordering the material and installing(where applicable) and paying for the material it-self. A minority business enterprise (MBE) doesnot perform a commercially useful function if itsrole is limited to that of an extra participant ina transaction, contract, or project through whichfunds are passed in order to obtain the appearanceof MBE participation. In determining whether anMBE is such an extra participant, the OSDI willexamine similar transactions, particularly those inwhich MBEs do not participate.

“Construction” means the process of building,altering, repairing, improving, or demolishing anypublic facility, including any public structure, pub-lic building, pipelines, plants, infrastructure, orother public improvements of any kind to realproperty. It does not include the routine operation,routine repair, or routine maintenance of any exist-ing public facility, including structures, buildings,plants, pipelines, infrastructure, or real property.Construction materials and supplies may be partof a construction purchase if procured by the con-tractor. If construction materials and supplies arepurchased directly by WSSC, they are classified asgoods and services purchases.

“Contracting area(s)” means WSSC’s fourbroad contracting areas of architectural and engi-neering, construction, goods and services and pro-fessional services. Also referred to as “industrycategories.”

“Disparity study” means the study prepared byMGT of America, Inc., of Tallahassee, Florida(MGT) that statistically analyzed WSSC primecontracts and subcontracts during the period July1, 2009, to June 30, 2014. For the purposes of an-alyzing prime contractor utilization, the disparitystudy considered purchase orders and direct pay-ments that were extracted from several WSSC datasources and opened or issued from the period July1, 2009, to June 30, 2014. In the disparity study,each purchase order and direct payment is referredto as a contract.

Goal. As used in this chapter, a “goal” is eitheran annual, aspirational goal or a contract-specific

subcontracting requirement. Annual aspirationalgoals are inapplicable to individual contracts, butare intended to serve as a benchmark againstwhich to measure the overall effectiveness of theMBE program in increasing participation of ready,willing and able minority- and women-ownedbusiness enterprises in WSSC contracting oppor-tunities for WSSC’s contracting areas. Additionalinformation concerning establishing and imple-menting annual, aspirational goals and contract-by-contract subcontracting requirements is foundin Article III of this chapter.

Good Faith Efforts. As used in this chapter,“good faith efforts” shall mean the actions takenby a bidder (or prime contractor post-award), asestablished by reliable documentation, to securesubcontracting participation of the specific racial,ethnic or gender class of MBE required to meetthe applicable subcontracting requirement. Evenif it fails to meet a subcontracting requirement, abidder (or prime contractor post-award) shall havethe right to document adequate good faith efforts,in accordance with WSSC’s Good Faith EffortsGuide or successor, which includes (in summary):

1. Demonstrating that it timely advertised ingeneral circulation, trade association, and minor-ity-focused media concerning the subcontractingopportunities;

2. Submitting the names and addresses ofeach MBE subcontractor the bidder contacted andreferred, and the actions taken with respect to con-tracting, and the results of the contacts;

3. Identifying actions taken to subdivide thework in order to enhance the potential to subcon-tract with MBEs;

4. Submitting a copy of information aboutthe plans, specifications, and requirements of thecontract provided to each interested MBE con-tacted;

5. Demonstrating that no interested MBEwas rejected without a valid reason (e.g., failureto submit reasonable price quote or to demonstratequalifications, inability to provide needed good orservice);

6. Attempting to assist interested MBEs inobtaining bonding or insurance; or

7. Attempting to use minority community or-ganizations; minority business and contractor’sgroups; local, state and federal MBE development


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organizations; and other organizations that provideassistance in placing MBEs.

“Good Faith Efforts Guide” means a documentused during the solicitation process that describesin detail the enumerated good faith efforts criteriathat prime contractors must employ pre- and post-award to maximize the participation/utilization ofcertified MBEs or WSSC-approved SLBEs. It de-tails the process by which a prime contractor mayrequest full and partial waiver of MBE or WSSC-approved SLBE subcontracting requirements.

“Goods” means all supplies, equipment, materi-als, and tangible personal property, excluding realproperty.

Goods and Services. The term “goods” meansphysical items such as treatment plant parts andsupplies, water meters, fire hydrants, valves, officesupplies and equipment, vehicles and other materi-als. The term “services” means business, cleaningand restoration, communication and waste man-agement services.

Graduation. A MBE firm permanently gradu-ates from the MBE program when it meets the cri-teria for graduation as set forth in Article IV of thischapter. A MBE firm that graduates from the MBEprogram is no longer eligible to participate in therace- and gender-conscious remedies described inthis chapter, but may participate in race- and gen-der-neutral remedies.

“Industry categories” means procurementgroupings for WSSC, inclusive of architecturaland engineering, construction, goods and services,and professional services (i.e., manufacturing,wholesale and retail distribution of commoditiesand nonprofessional services). Industry categoriesare also referred to as “contracting areas.”

“Invitation for bids (IFB)” means a method ofsoliciting sealed bids which are awarded to thelowest, responsible, and responsive bidder(s) gen-erally opened publicly at a fixed date and time andread out loud in the presence of one or more wit-nesses.

“Joint venture” means an association of two ormore persons or businesses carrying out a singlebusiness enterprise for which purpose they com-bine their capital, efforts, skills, knowledge orproperty. Joint ventures must be established bywritten agreement, and prior to submission of abid, validated by the OSDI.

“MBE contract-by-contract subcontracting re-quirements” means a race- or gender-consciousremedy in which prime contractors or vendors arerequired to make good faith efforts to subcontracta minimum percentage of the value of prime con-tract dollars to certified MBE firms. Such sub-contracting requirements shall be determined inaccordance with the policies and procedures setforth in this chapter. Also known as subcontracting“goals.”

“Minority business enterprise (MBE orM/WBE)” means any legal entity, except a jointventure, that is organized to engage in commercialtransactions, which is certified as being at least 51percent owned, managed, and controlled by one ormore socially and economically disadvantaged mi-nority or woman individuals as defined in the StateFinance and Procurement Article, § 14-301, Anno-tated Code of Maryland, and that is ready, willing,and able to sell goods or services that are pur-chased by the WSSC. Unless otherwise stated, theterm “MBE” or “M/WBE” as used in this chapteris inclusive of women-owned business enterprises(WBEs), and disadvantaged business enterprises(DBEs) that are certified in accordance with statelaw and regulations.

“North American Industry Classification Sys-tem (NAICS)” means the six-digit code standardused by federal statistical agencies in classifyingbusiness establishments by the type of goods orservices a firm provides.

“Notice to proceed (NTP)” means a communi-cation from WSSC to a contractor stating the datethe contractor can begin work subject to the con-tract conditions.

“Office of Supplier Diversity and Inclusion Di-rector (OSDI Director)” means the WSSC person-nel who is responsible for the management of theOSDI, and ultimately responsible for oversight,tracking, monitoring, administration, and imple-mentation of the MBE and SLBE programs, in-cluding but not limited to this chapter (formerlythe Small, Local and Minority Business Enterprise(SLMBE) Director).

“Office of Supplier Diversity and Inclusion(OSDI)” means the office within the Commissionthat is primarily responsible for implementing andadministering the MBE and SLBE programs (for-



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merly the Small, Local and Minority Business En-terprise (SLMBE) Office).

“Optimization of diverse business developmentprogram (ODBDP)” means an affirmative pro-curement initiative designed to identify a portionof WSSC procurements and contracts for biddingexclusively by MBEs or WSSC-approved SLBEsto facilitate their competitive development (for-merly “sheltered market program”).

“Points” means the quantitative assignment ofvalue for specific evaluation criteria in the con-tractor selection process pursuant to a request forproposal, request for qualification or multi-step in-vitation bid selection method.

“Prime contractor” means the vendor or con-tractor to whom a purchase order or contract isissued by the WSSC for purposes of providinggoods or services for the WSSC.

“Professional services” means services pro-vided by skilled professionals other than architec-tural and engineering. Such services include with-out limitation: IT consulting, management consult-ing, legal and accounting.

“Race- and gender-conscious remedy” means arace- and gender-conscious measure that is used inaddition to a race- and gender-neutral measure de-scribed herein or in WSSC Chapter 6.35 (or anysuccessor SP thereto).

Race- and Gender-Neutral Remedy. Efforts toopen procurement opportunities in general, orspecifically to small or newly formed firms, arecollectively described as “race- and gender-neu-tral” programs. Neutral programs also includebonding assistance and small business lendingprograms.

“Request for bid/quotation” means an informalsolicitation where oral or written quotes are ob-tained from vendors, without formal advertising orreceipt of sealed bids.

“Request for proposals (RFP)” means all docu-ments utilized by WSSC for soliciting proposals.This competitive selection method is used for pro-curements where the Commission has determinedthat price should not be the sole determinant whenprocuring specified types of supplies, services orconstruction. Proposals submitted in response to aRFP are analyzed and ranked based on evaluationfactors and their corresponding relative weights, asstated in the RFP. For architectural and engineer-

ing (A&E) contracts (and some professional ser-vice contracts), WSSC may use a process that be-gins with publication of an announcement indicat-ing the Commission’s intention to retain an A&Econsultant and requesting interested firms to sub-mit a statement of their qualifications for the pro-posed project. (This announcement is hereinafterreferred to as a “request for qualifications.”)

“Requirement” means a minimum subcontract-ing percentage for MBE participation which maybe established as a goal on a contract-by-contractbasis by the OSDI Director or designee.

“Responsible” means a firm is capable in all re-spects to fully perform the contract requirementsand has the integrity and reliability which will as-sure good faith performance.

“Responsive” means a firm’s bid or proposalconforms in all material respects to the invitationto bid or request for proposal and shall includecompliance with MBE and SLBE program re-quirements.

“Services” means the furnishing of labor, time,or effort not involving the delivery of a tangiblematerial product other than reports which aremerely incidental to the required performance.This term excludes employment agreements andcollective bargaining agreements, but includesconsulting, professional, technical, and advisoryservices.

“SLBE/MBE subcontracting and supplier certi-fication (SLBE/MBE subcontracting plan)” meansthe subcontracting plan that identifies how theprime contractor intends to comply with the MBEor WSSC-approved SLBE subcontracting partici-pation requirements of the contract.

“Small local business enterprise (SLBE)”means a firm that is approved by the OSDI basedon the eligibility requirement as set forth in WSSCChapter 6.35 (or its successor SP). Also known asa WSSC-approved SLBE.

“Standard procedure” refers to the standard pro-cedure codified in this chapter or WSSC Chapter6.35 (or any successor SP, except where anotherWSSC standard procedure is expressly indicated).The terms “policy,” “MBE policy,” “MBE pro-gram,” “SLBE policy” “SLBE program,” and“SLBE or MBE program” are used synonymouslywith “SP” herein.


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6.30.040

“Subcontractor or sub-consultant” means anyvendor or contractor that is providing goods or ser-vices to a prime contractor in furtherance of theprime contractor’s performance under a contract orpurchase order with WSSC.

“Waiver” means an exclusion from the provi-sions of the MBE or SLBE program requirementsgranted by the Commission.

Women-Owned Business Enterprise (WBE). Asused in this chapter, “WBE” means any legal en-tity, except a joint venture, that is organized toengage in commercial transactions and that is cer-tified as being at least 51 percent owned, managedand controlled by a female(s). Unless otherwisestated, the term “WBE” as used in this chapteris inclusive of women-owned business enterprises(WBEs) that have obtained WBE certification inaccordance with the provisions of WSSC6.30.240.

“WSSC” or the “Commission” means the Wash-ington Suburban Sanitary Commission.

“WSSC relevant market area” means the ge-ographical area where the firms that have beenawarded the majority of WSSC contract dollarsare located. Defined in the 2015 disparity study,the relevant market area includes those cities andcounties in the Washington-Arlington-Alexandria,DC-VA-MD-WV metropolitan statistical area(MSA) plus Anne Arundel County, MD, Balti-more County, MD, Carroll County, MD, city ofBaltimore, MD, and Howard County, MD. Alsoknown as “geographical market area.”

“WSSC Supplier Portal System” (supplantedCentralized Bidder Registration (CBR) System onNovember 9, 2015) means a mandatory automatedweb-based system wherein the Commission re-quires all prospective bidders, contractors, ven-dors, and subcontractors that are ready, willing,and able to sell goods or services to the Commis-sion to register online in accordance with WSSCChapter 6.05. All prime contractors and their di-rect subcontractor(s) on WSSC-funded contractsmust be registered in the Supplier Portal. Failure todo so will delay the issuance of the notice to pro-ceed for WSSC-funded contracts.

“WSSC Web-Based Compliance System”means the web-based software application used byWSSC to track and monitor subcontractor avail-ability and utilization (i.e., “Spend” or “Pay-

ments”) on WSSC-funded contracts. This systemis used to report and monitor prime contractors’compliance with WSSC’s MBE or SLBE subcon-tracting requirements. (REG-PROC-SD-2017-004§ III)

Factual predicate.A. Introduction.

1. Since introducing its first MBE program,WSSC has undertaken several extensive fact-find-ing studies, data gathering efforts, and public hear-ings to examine its marketplace and the effectsof marketplace discrimination on its contractingpractices. As part of that continuing effort, theCommission, in 2015, engaged MGT of America,Inc. (MGT) of Tallahassee, Florida, to prepare adisparity study focusing on the four broad cate-gories of WSSC contracting: architectural and en-gineering (A&E), construction, goods and ser-vices, and professional services. The disparitystudy included a statistical analysis and evaluationof prime contracts and subcontracts from July 1,2009, to June 30, 2014.

2. Upon completion, the study was distrib-uted to key stakeholders and media outlets, andwas made available to the public by posting on theWSSC public internet site, www.wsscwater.com.The Commission solicited written comments onthe study and held public meetings for the samepurpose. The disparity study data, analyses andfindings, and the public input received in responsethereto, together with all other relevant informa-tion, constitute the factual predicate for this chap-ter.

3. If any provision in this section conflictswith the disparity study, the language and findingsin the applicable disparity study shall apply.

B. Key Statistical Findings.1. The disparity study’s key statistical find-

ings include the topics addressed in the subsec-tions set forth herein.

2. Based on contracts issued during the five-year period covered by the disparity study, mostCommission contracts and contract payments wereissued and paid to firms located in Maryland, Vir-ginia, West Virginia and the District of Columbia.Contract payments during the study period weremade to firms in eight jurisdictions common to allfour classes of WSSC contracting, namely: Mont-gomery County, Prince George’s County, Anne



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Arundel County, Baltimore County, CarrollCounty, city of Baltimore, Howard County, andthe District of Columbia. These findings delineatethe local geographic market area (also referred toas WSSC’s relevant market area) where WSSCmay consider evidence of discrimination for pur-poses of developing this chapter.

3. WSSC’s total contract payments duringthe study period totaled approximately $1.2 bil-lion. Of those payments, approximately $239 mil-lion were expended on A&E, $541.6 million onconstruction, $343.7 million on goods and servicesand $101.7 million on professional services. MBEprime contractors received 7.7, 16.84, 47.86 and122.54 percent, respectively, of these expendi-tures. (These percentages are based on availabilityand utilization.) Overall, MBE primes collected24.3 percent of the $1.2 billion in contract pay-ments. Using the data on WSSC contracts issuedduring the study period, MGT prepared a primecontract disparity analysis for contracts of $1 mil-lion or less for architectural and engineering, con-struction, goods and services and professional ser-vices.

4. Prime Contractor Utilization andDisparity. The disparities between MBE utilizationand availability in WSSC for architectural and en-gineering, construction, goods and services, andprofessional services prime contracts of $1 millionor less, are as follows:

a. Architectural and Engineering (A&E).MBEs represent 57.26 percent of available A&Ebusinesses in the WSSC geographical market, butreceived 7.77 percent of prime A&E payments forthese contracts, a statistically significant underuti-lization. Specific minority groups had the follow-ing statistically significant availability/utilizationdisparities for prime A&E contracts $1 millionor less: African-American 20.09 vs. 2.69; Asian-American 24.36 vs. 4.41; Hispanic-American 2.99vs. 0.0; and nonminority women firms 9.83 vs.0.67.

b. Construction. MBEs, which represent39.14 percent of available construction businesses,received 16.84 percent of payments for theseprime contracts; this underutilization is statisti-cally significant. Specific minority groups had thefollowing statistically significant availability/uti-lization disparities for prime construction con-

tracts $1 million or less: African-American 14.37vs. 3.91; Asian-American 4.28 vs. 0.0; NativeAmerican 1.8 vs. 0.0; and nonminority womenfirms 7.65 vs. 0.73. Although representing 11.01percent of available construction businesses, His-panic-American(s) received 12.2 percent of primecontract payments.

c. Goods and Services. MBEs constitute40.54 percent of available goods and services busi-nesses and received 47.86 percent of payments forthese prime contracts. This represents overutiliza-tion and is statistically significant. Among MBEs,all groups were substantially underutilized, exceptfor Asian-American(s) and WBEs. Specific minor-ity groups had the following statistically signif-icant availability/utilization disparities for primegoods and services contracts $1 million or less:African-American 23.75 vs. 19.35 (statisticallysignificant); Asian-American 2.72 vs. 3.28; His-panic-American 3.63 vs. 2.14; and nonminoritywomen firms 10.29 vs. 23.08.

d. Professional Services. MBEs constitute57.82 percent of available professional servicesbusinesses, receiving 22.4 percent of payments forthese prime contracts, a statistically significant un-derutilization. Specific minority groups had thefollowing statistically significant availability/uti-lization disparities for prime professional servicescontracts $1 million or less: African-American32.86 vs. 2.71; Asian-American 12.63 vs. 7.43;Hispanic-American 2.58 vs. 5.55; and nonminoritywomen firms 9.76 vs. 6.85.

5. Total Utilization and Disparity. In coop-eration with WSSC personnel, MGT undertookextensive research to compile the subcontracts is-sued by WSSC prime contractors during the studyperiod. The prime plus subcontractor (total) uti-lization analyses are based on firms located inWSSC’s relevant market area summarized herein.The summary of the disparity analyses of architec-tural and engineering, construction, goods and ser-vices, and professional services, for the disparitystudy period is based on payments (expenditures)to prime contractors and subcontractors. These to-tal payments include actual dollars paid to MBEsubcontractors and an estimate of dollars paid tonon-MBE subcontractors.

The prime contractor plus subcontractor (to-tal) utilization analyses are based on firms and


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contract expenditures in WSSC’s relevant marketarea defined by MGT of America and referencedhere within. Expenditure totals include actual dol-lars paid to MBE subcontractors and an estimate ofdollars paid to non-MBE subcontractors. The in-dustry-specific disparity findings for total utiliza-tion availability and disparity analyses by MGTare:

a. Architectural and Engineering (A&E).MBEs represent 59.78 percent of available A&Eprime plus subcontractors in the WSSC relevantmarket area, and received 33.4 percent of A&Eprime plus subcontract payments during the studyperiod, a statistically significant underutilization.Specific minority groups had the following statis-tically significant disparities for A&E primes plussubcontractors: African-American 20.42 vs. 11.43;Asian-American 21.26 vs. 16.17; Hispanic-Amer-ican 4.0 vs. 2.0; Native American 0.21 vs. 0.0 andnonminority women firms 13.89 vs. 3.8.

b. Construction. MBEs which represent67.8 percent of available construction prime plussubcontractors in WSSC’s relevant market area re-ceived 36.66 percent of construction prime plussubcontract payments during the study period; thisunderutilization was statistically significant. Spe-cific minority groups had the following statisti-cally significant disparities for construction primecontractors plus subcontractors: African-American33.45 vs. 12.16; Asian-American 6.67 vs. 1.33;Native American 1.15 vs. 012; Hispanic-American14.49 vs. 18.87 (overutilization); and nonminoritywomen firms 12.04 vs. 4.18.

c. Goods and Services. MBEs constitute57.02 percent of available goods and servicesprime plus subcontractors in WSSC’s relevantmarket area and received 63.26 percent of goodsand services prime plus subcontract payments dur-ing the study period. This overutilization was sta-tistically significant. The minority groups pre-sented statistically significant disparities and sub-stantial disparity for goods and services primesplus subcontracts: African-American 31.74 vs.24.96; Asian-American 4.92 vs. 5.13 (overutiliza-tion); Hispanic-American 5.51 vs. 3.13 (substan-tial disparity); Native American 0.27 vs. 0.07 (sub-stantial disparity); and nonminority women firms14.58 vs. 29.97 (overutilization).

d. Professional Services. MBEs constitute72.61 percent of available professional servicesprime plus subcontractors in the WSSC geograph-ical market area, and received 33.96 percent ofprofessional services prime plus subcontract pay-ments during the study period. Specific minoritygroups had the following statistically significantdisparities for professional services primes plussubcontracts: African-American 36.65 vs. 10.09;Asian-American 11.53 vs. 9.78; Native American0.34 vs. 0.0; Hispanic-American 3.2 vs. 6.63(overutilization); and nonminority women firms20.89 vs. 7.46.

C. Anecdotal Evidence.1. As part of the disparity study, MGT com-

piled anecdotal evidence of actions by WSSCwhich may have barred or deterred MBEs frompursuing contracting opportunities with the Com-mission. Another category of relevant evidencecompiled by MGT involved passive WSSC sup-port for exclusionary practices that may occur inthe Commission’s local market, typically involv-ing use of Commission funds to contract withfirms that either discriminate against MBEs or failto take positive steps to prevent discrimination byWSSC contractors. MGT collected anecdotal ev-idence through surveys and in-depth interviewswith businesses located in the District of Colum-bia, Maryland, Virginia, West Virginia and othermarket area jurisdictions that represented each ofWSSC’s four broad contracting categories. MGT’sanecdotal analyses utilize qualitative data to de-scribe the context of the examined social, political,and economic environment in which all businessesand other relevant entities are applicable toWSSC’s relevant market area. The anecdotalanalysis supports the overall underutilization ofMBEs in WSSC’s relevant market area. Intervie-wees and surveys included members of each gen-der-ethnic group for which disparity analyses wereconducted, as well as Caucasian males, femalesand non-MBEs. Examples of relevant findings in-clude:

a. Contemporary Evidence ofDiscrimination against Minority- and Women-Owned Firms in WSSC’s Relevant Market Area. MGT collected information concerning barriersMBE firms are presented with in the procurementprocess. MGT collected anecdotal testimony that



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6.30.050

referred to “an old boy network which keeps a lotof new companies from getting business.” A MBEprofessional services firm stated, “I’ve seen it (anold boy network) at work. But, I managed to getaround it by showing what our team could do.” AMBE professional services firm stated that “largeprime firms know about projects well before theyare formally advertised, giving them an advan-tage of the time to prepare their bid.” A non-MBEgoods and supplies firm stated, “that after present-ing a product to various WSSC departments andstaff, WSSC awarded a purchase order to a firmwithout giving his firm an opportunity to submit abid.” MBE firms indicated they encountered an in-formal network that precluded their firms from ob-taining work in the private sector.

b. Discrimination by WSSC Primesagainst MBE Subcontractors. There is some anec-dotal evidence suggesting that some WSSC primecontractors consistently use the same minorityfirms to comply with contract-by-contract subcon-tracting requirements, thus limiting the effective-ness and undermining the objectives of the Com-mission’s MBE program. Assuming this occurs,then WSSC’s contract dollars may be rewardingfirms that are excluding legitimate MBEs from thesubcontracting process, thus making it more diffi-cult for these MBEs to attain the size and experi-ence needed to compete as primes on future con-tracts. A MBE architecture firm stated, “Primesuse his firm to meet the MBE goal then reducehis scope or never award the scope listed for hisfirm.” A MBE engineering firm stated, “Primesbeat him down to a price lower than his counter-part for the same services.” MBE firms indicatedthey were seldom or never solicited when therewere no MBE goals. MBE subcontractor firms thatindicated that they experienced various discrimi-nation by prime firms in summary includes the fol-lowing: harassment; unequal or unfair treatment;bid shopping or bid manipulation; double standardperformance; denial of opportunity to bid; unfairdenial of contract award; unfair termination; andunequal price quotes from suppliers.

c. Barriers to MBE ParticipationAllegedly Created by WSSC Managers. A MBEgoods and services firm stated, “WSSC’s use ofnational cooperative agreements has significantlyreduced the amount of work the firm does with

WSSC.” Another MBE professional services firmstated, “WSSC awards small projects to nationalfirms through cooperative agreements and thisprocess creates barriers for small local firms to wincontracts.”

d. Contracting Process and FinancialBarriers to MBE Participation. MBE firm ownersand representatives reported multiple contractingprocesses and financial impediments to their in-volvement in WSSC contracting opportunities.One obstacle cited frequently by MBE firms wascompeting with larger firms. MBE subcontractorsstated that their biggest barrier working withprimes on WSSC projects is competing with largecompanies. MBE firms indicated the following ad-ditional barriers to competing for contracting op-portunities with WSSC and in the WSSC relevantmarket area (in summary): limited time given toprepare bid package or quotes; performance/pay-ment bond requirements; cost of bidding/propos-ing; and contract size too large. A MBE profes-sional services firm stated lack of notice of po-tential contract opportunities created barriers forbidding on WSSC projects. Regarding financing,several interviewees alleged that, when extendingfinancing and setting the terms of that financing,banks discriminate on the basis of race and genderbetween MBEs and majority-owned firms. (REG-PROC-SD-2017-004 § IV)

Article II. Race- and Gender-NeutralRemedies

Introduction.A. The race- and gender-neutral remedies set

forth in this article apply to MBEs and to small andlocal businesses as defined in accordance with thePublic Utilities Article, § 20-304, Annotated Codeof Maryland, and any regulations adopted pursuantto the Public Utilities Article, § 20-304, AnnotatedCode of Maryland, by the Commission.

B. A number of race- and gender-neutral busi-ness assistance programs are operated within theWashington Suburban Sanitary District metropol-itan area. WSSC has also implemented “neutral”efforts to further open procurement opportunitiesto all firms and small firms in particular (i.e., smalllocal business enterprise program). Remedies aredescribed herein and in WSSC Chapter 6.35 (orany successor SP).


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6.30.060

6.30.070

6.30.080

6.30.090

C. Additional eligibility criteria for participa-tion in WSSC’s small local business enterpriseprogram were adopted by the Commission inWSSC Chapter 6.35 or any successor SP. Whereapplicable, the waiver provisions of WSSC Chap-ter 6.35 are, by this reference, made applicable tothe race- and gender-neutral remedies set forth inthis article.

The subject remedies are as set forth in the fol-lowing sections. (REG-PROC-SD-2017-004§ V(A))

Expanded unbundling.A. Specifications. WSSC, where feasible and in

the best interest of the Commission, shall engagein efforts to unbundle (segment or break up) largecontracts to make them more accessible to MBEsor WSSC-approved SLBEs and shall engage in ef-forts to require or otherwise encourage prime con-tractors to subcontract portions of work that theymight otherwise perform with their own resources.

B. Applicability. Architectural and engineer-ing; construction services; goods and services;professional services. (REG-PROC-SD-2017-004§ V(B))

Mentor-protege program.A. Specifications. WSSC shall implement and

maintain a mentor-protege program to further thedevelopment of MBEs or WSSC-approvedSLBEs.

1. WSSC shall encourage prime contractorsto mentor MBEs or WSSC-approved SLBEs togain experience, contacts, and resources necessaryto compete for contracts.

2. Any mentor-protege relationship shall bebased on a written development plan, approved byWSSC’s OSDI, which sets forth the objectives ofthe parties and their respective roles, the durationof the arrangement and the services and resourcesto be provided by the mentor to the protege.

3. MBEs or WSSC-approved SLBEs in-volved in a written mentor-protege developmentplan must be independently certified with respectto their small and local, or MBE status.

4. WSSC’s OSDI shall monitor these men-tor-protege relationships with the support of theappropriate WSSC personnel.

5. Applicability. Architectural and engineer-ing; construction services; goods and services;

professional services. (REG-PROC-SD-2017-004§ V(C))

Access to capital, bonding andinsurance requirements.

A. Specifications. WSSC shall assist MBEsand SLBEs in overcoming their inability to obtainbonding, insurance, or financing. Commission ef-forts shall include, where feasible, simplifyingthese processes, reducing bonding and insurancerequirements where permitted by law, and elimi-nating the impact of surety costs from bids. Com-mission efforts shall also include providing infor-mation regarding access to capital, where feasible,to the appropriate economic development re-sources.

B. Applicability. Architectural and engineer-ing; construction services, goods and services;professional services. (REG-PROC-SD-2017-004§ V(D))

Aggressive outreach.A. Specifications. WSSC shall engage in out-

reach measures to assist MBEs and WSSC-ap-proved SLBEs, including the following: (1) imple-ment information and communications programson contracting procedures and specific contractopportunities; (2) provide services to help MBEsand WSSC-approved SLBEs improve long-termdevelopment, increase opportunities to participatein various kinds of work and handle increasinglysignificant projects; (3) implement a supportiveservices program to develop and improve imme-diate and long-term business management, record-keeping, and financial and accounting capability;(4) establish a program to assist new, start-upfirms, particularly in fields in which small busi-ness participation has historically been low; (5) en-sure distribution of a MBE and SLBE directoryor listing, through print and electronic means; (6)provide technical assistance and other services todevelop MBEs and WSSC-approved SLBEs capa-bility to utilize emerging technology and conductbusiness through electronic media; (7) provide on-line bid documents available for download; and (8)develop procedures to notify MBEs and WSSC-approved SLBEs of bid opportunities includingsending notices regarding bid opportunities to var-ious organizations and other agencies.



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6.30.100

6.30.110

B. Applicability. Architectural and engineer-ing; construction services; goods and services;professional services. (REG-PROC-SD-2017-004§ V(E))

Small contracts rotation.A. Specifications.

1. For prime A&E, construction, goods andservices, and professional services contracts val-ued at $1 million or less, bids or proposals maybe limited to small and local businesses, includingracial, ethnic and gender groups that exhibited sta-tistically significant underutilization, with respectto prime contracts for the applicable contractingcategory (see WSSC 6.30.040(B)(4)). MBEs andWSSC-approved SLBEs will also be eligible toparticipate.

2. Contracts will be assigned on a rotatingbasis, except where it is otherwise determined tobe in the best interest of the Commission.

3. Small contracts rotation will be widely ad-vertised to statistically underutilized racial, ethnicand gender groups and to MBEs or WSSC-ap-proved SLBEs. WSSC may provide technical as-sistance and guidance and outside financial assis-tance to firms that participate in the rotation.

4. In the small contract rotation program,collectively, MBE or WSSC-approved SLBEprimes and subcontractors must retain 60 percentof the contract value. This requirement does notapply to supply contracts, licensing agreementsand distributorship agreements. Any MBE orWSSC-approved SLBE awarded a WSSC contractunder this policy as a prime consultant/contractorshall not subcontract more than 40 percent of thecontract value to a firm other than to other certifiedMBEs or WSSC-approved SLBEs.

B. Applicability. Architectural and engineer-ing; construction services; goods and services;professional services. (REG-PROC-SD-2017-004§ V(F))

Supplier diversity distributor(value-added) program.

A. Agreements, contracts, and decisions underthis section shall be approved by the Chief Pro-curement Officer after consultation with the OSDIDirector or designee.

B. Leveraging Intergovernmental andCooperative Agreements. In accordance with

WSSC Chapter 6.15, use intergovernmental agree-ments, when possible and as approved by theChief Procurement Officer to identify MBE andWSSC-approved SLBE value-added distribu-tors/resellers/suppliers (local and regional) onschedules (and awardees) to negotiate pric-ing/quotes.

C. Construction Direct Purchasing. For fairlysimple and routine, but labor intensive, construc-tion projects that require the purchase of relativelyfew construction supply materials, the OSDI inpartnership with the originating (using departmentor end-user) department to directly purchase inbulk and to warehouse or store some, or all, of therequired construction supply materials for all suchprojects, and to issue bid solicitations that requirebidder/participants to submit bids based upon la-bor costs only, with the selected contractor havingthe responsibility to transport required quantitiesof construction supplies from the WSSC ware-house to the job site, and for providing construc-tion services associated with the use, inspection orinstallation of WSSC construction supplies. In de-termining whether to apply this program elementto a particular series of contracts, the OSDI willconsult and work closely with the originating de-partment and Procurement to determine the feasi-bility and cost effectiveness of bulk purchases andwarehousing of required construction supplies byWSSC, and for managing the release of appropri-ate quantities of warehoused supplies to selectedcontractors. This race- and gender-neutral elementis intended to assist local or regional, MBE andSLBE prime contractors that may have difficultyobtaining preferred pricing and credit from con-struction suppliers where the cost of constructionsupplies is largely determinative of the lowest re-sponsible bid.

D. Distributorship Development Program. Forthose industry segments of WSSC purchases thathave demonstrated very low availability of MBEand WSSC-approved SLBE suppliers, MBE andSLBE authorized dealers/resellers, or MBE andSLBE distributorships, the OSDI may direct orpartner with originating departments to offer cer-tain incentives to those manufacturers and whole-sale distributors of those goods and products thatparticipate in this program element.


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6.30.130

6.30.140

6.30.150

E. Applicability. Architectural and engineering;construction services; goods and services; profes-sional services. (REG-PROC-SD-2017-004§ V(G))

Expedited payment.A. Specifications.

1. WSSC shall implement policies and pro-cedures to ensure prompt and full payment toWSSC-approved SLBEs and MBEs. Prime con-tractors awarded WSSC contracts shall ensure theprompt and full payment of any subcontractorsworking on the contract. During the contract andupon completion of the contract, WSSC may re-quest documentation to certify payment to sub-contractors or suppliers. All WSSC contracts shallinclude a contract clause to require prime con-tractors to: pay subcontractors for satisfactory per-formance of their contracts no later than 15 daysof subcontractor’s invoice on WSSC-funded con-tracts; and pay subcontractors retainage within 15days after the subcontractor’s work is satisfactorilycompleted. All payments to direct subcontractorsmust be reported and validated by the prime con-tractor and direct subcontractor in WSSC’s Web-Based Compliance System within 30 days of theprime contractor being paid by WSSC.

2. A subcontractor’s work is satisfactorilycompleted when all the tasks called for in the sub-contract have been accomplished and documentedas required by the prime contractor. When a primecontractor has made an incremental acceptance ofa portion of the work of a subcontractor coveredby that acceptance, it is deemed to be satisfactorilycompleted.

3. WSSC shall establish appropriate meansfor enforcement which may include appropriatepenalties for failure to comply.

4. Prime contractors shall permit the Wash-ington Suburban Sanitary Commission to conductaudits of WSSC-funded contracts that containSLBE or MBE subcontracting requirements in ac-cordance with WSSC 6.15.450.

B. Applicability. Architectural and engineer-ing; construction services; goods and services;professional services. (REG-PROC-SD-2017-004§ V(H))

Post-award contract compliancemonitoring.

A. Specifications. WSSC shall establish a sys-tem to monitor monthly contract compliance toensure that the subcontractor participation listedin bids, proposals, and statements of qualificationis achieved throughout the duration of a contract.The system shall: track and report subcontractorutilization in an electronic database; collect copiesof the canceled checks (before closeout of con-tracts with signed affidavits from prime contrac-tors) written to subcontractors in order to verifypayment information; and impose penalties forfailure to pay a listed subcontractor for work per-formed. The OSDI will ensure compliance withSLBE or MBE program policies with the full sup-port of the appropriate WSSC personnel. The com-pliance monitoring should verify the prime con-tractors’ subcontracting commitments after theaward of the contract.

B. Applicability. Architectural and engineer-ing; construction services; goods and services;professional services. (REG-PROC-SD-2017-004§ V(I))

Bid debriefings.A. Specifications. WSSC shall offer debriefing

sessions to unsuccessful bidders or responders toRFPs. The sessions should be published on theSupplier Portal System, or any successor Web-Based Compliance System thereto, web page andincluded in the notice of intent to award to unsuc-cessful bidders. WSSC shall make a proposal andstatement of qualification standards of the success-ful bidder available upon request. Debriefings areconducted at the request of the supplier after the is-suance of the notice to proceed and in response toa written request submitted to the Chief Procure-ment Officer or designee.

B. Applicability. Architectural and engineer-ing; construction services; goods and services;professional services. (REG-PROC-SD-2017-004§ V(J))

Monitoring, tracking, andreporting of program andcontracting activities.

A. Specifications. WSSC shall:1. Implement procedures to review, analyze,

and monitor procurement and contracting require-



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6.30.170

ments, bid procedures, terms and conditions, andcontract and purchase awards to determine the ex-tent WSSC is soliciting MBEs and WSSC-ap-proved SLBEs, and which MBEs and WSSC-ap-proved SLBEs are being provided with the oppor-tunity to engage in procurement and contractingwith WSSC.

2. Create and maintain a database andrecords on MBE and WSSC-approved SLBEfirms’ participation on all WSSC projects. This in-cludes keeping records of MBE and WSSC-ap-proved SLBE firms’ utilization by WSSC on con-tracting and procurement, procurement of com-modities, and emergency contracting and procure-ment.

3. Provide an overall evaluation of the ef-fectiveness of the race, ethnic, and gender neutralmeasures on an annual (fiscal year) basis. WSSCshall implement appropriate changes to the mea-sures and programs based on the results.

4. Prime contractors shall permit the Wash-ington Suburban Sanitary Commission to conductaudits of WSSC-funded contracts that containWSSC-approved SLBE or MBE subcontractingrequirements in accordance with WSSC 6.15.450.

B. Applicability. Architectural and engineer-ing; construction services; goods and services;professional services. (REG-PROC-SD-2017-004§ V(K))

Prohibition of discrimination.A. Specifications. WSSC shall establish poli-

cies and procedures and adopt regulations to pro-hibit discrimination in the provision of credit orbonding regarding WSSC contracts, and with re-spect to contracting and procurement by contrac-tors who do business with WSSC. WSSC shall en-force anti-discrimination policies, procedures andregulations and implement and maintain proce-dures for a WSSC-approved SLBE or MBE, orany other firm, to notify WSSC if the WSSC-ap-proved SLBE or MBE (or firm) believes a primecontractor or WSSC is discriminating in the awardof any contracts as prohibited by state law.

B. Applicability. Architectural and engineer-ing; construction services; goods and services;professional services. (REG-PROC-SD-2017-004§ V(L))

Article III. Race- and Gender-ConsciousRemedies

Introduction.A. The race- and gender-conscious remedies

set forth in this article apply to MBEs, and are de-signed to address the statistically significant dis-parities for MBE prime contractors and subcon-tractors as discussed in WSSC 6.30.040(B)(4) and(B)(5). Specific remedies are provided for primecontractors and subcontractors. In accordance withthe prime contract disparity analysis referencedherein, the prime contract race- and gender-con-scious remedies are limited to prime architecturaland engineering, construction, goods and servicesand professional services contracts.

B. WSSC has engaged in serious, good faithconsideration of workable race- and gender-neu-tral remedies and measures. Notwithstanding theseefforts, the disparity study determined that statisti-cally significant disparities continue to exist in theCommission’s utilization of certain groups of con-tractors. Consistent with the requirement that allrace- and gender-conscious remedies be “narrowlytailored,” the Commission shall satisfy each con-dition set forth in WSSC 6.30.190 before imple-menting or applying any such remedy.

C. As a metric to assess overall effectivenessof the program established by this chapter, theGeneral Manager/CEO (GM/CEO), with the OSDIDirector’s advice, may propose that the Commis-sion establish an overall, annual MBE aspirationalexpenditure participation objective(s)/metrics foreach of the four broad contracting areas for WSSCcontracting for a fiscal or calendar year. The in-dustry-specific goal(s) shall reflect findings in thedisparity study and factual predicate concerningMBE utilization and availability, recent trendswith respect thereto, WSSC contracting opportuni-ties during the fiscal or calendar year(s) and anyother relevant factors consistent with a narrowlytailored MBE program. These industry-specificMBE annual aspirational goals are not applicableto individual contracts, but will serve as bench-marks for assessing the progress of WSSC’s MBEprogram efforts.

A subject remedy is as set forth in the followingsections. (REG-PROC-SD-2017-004 § VI(A))


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6.30.190

Optimization of diverse businessdevelopment program (ODBDP)(formerly “sheltered marketprogram”).

A. Specifications.1. In this section, “solicitation” means invi-

tation to bids, request for proposals, or any othermethod or instrument used to communicate to po-tential bidders, offerors or respondents to theCommission’s needs.

2. The OSDI Director in collaboration withthe appropriate WSSC personnel may select thefollowing solicitations for inclusion and eligibilityin the ODBDP:

a. Solicitations which have an estimatedcontract value of $1 million or less for award to aMBE or WSSC-approved SLBE; or

b. Solicitations which have an estimatedcontract value of $1 million or less for award toa joint venture with a MBE or WSSC-approvedSLBE firm.

3. Solicitations are eligible for inclusion inODBDP when the base term estimated contractvalue averages $1 million or less (formula for cal-culation: Base term divided by estimated contractvalue). The Procurement Office shall make the ap-plicable contracting decisions regarding the baseterm of contracts

4. In determining whether a solicitation is el-igible for ODBDP, the OSDI Director or designeewith the support of the WSSC Contracting Depart-ment shall consider:

a. Whether there are at least three MBEsor WSSC-approved SLBEs that are available andcapable to participate in the ODBDP for this solic-itation;

b. The degree of underutilization of theMBE or WSSC-approved SLBE prime contractorsin the specific industry category; and

c. The extent to which the MBE or WSSC-approved SLBE prime contractor goals are beingachieved.

5. If a responsive and responsible bid or re-sponse is not received for a solicitation that hasbeen designated for ODBDP, or if the apparent lowbid is determined to be fiscally unacceptable, thenthe solicitation shall be removed from the ODBDPand placed in the market with less restrictive MBEand SLBE program preferences.

6. In the ODBDP, collectively, MBE orWSSC-approved SLBE prime and subcontractorsmust retain 60 percent of the contract value andmay not subcontract more than 40 percent to ma-jority subcontractors. This requirement does notapply to supply contracts, licensing agreements,and distributorship agreements. Any MBE orWSSC-approved SLBE awarded a contract underthis section as a prime contractor or consultantmay not contract more than 40 percent of the con-tract value to a firm other than other certified MBEor WSSC-approved SLBEs.

B. Applicability. Architectural and engineer-ing; construction services; goods and services;professional services. (REG-PROC-SD-2017-004§ VI(B))

Conditions.A. The OSDI Director shall attempt to achieve

this chapter’s overall aspirational goals and reme-dial objectives through the most effective availablemeans that are least burdensome to non-MBEs.Therefore, prior to imposing any race- or gender-conscious remedy on a given contract, the OSDIDirector shall make a written determination that:

1. The race- and gender-neutral remedies setforth in Article II of this chapter, either individ-ually or collectively, are ineffective in remedyingthe statistically significant disparities identified ina particular contracting class for a specific racial,ethnic or gender as set forth in this chapter;

2. Considering those race- and gender-con-scious remedies that are likely to remedy the sta-tistically significant disparities detailed in WSSC6.30.040(B)(4) and (B)(5), a specific remedy is:(a) least burdensome to prospective non-MBE par-ticipants in the subject solicitation or contractingopportunity; and (b) most narrowly tailored toachieve its intended purpose; and

3. A particular race- or gender-consciousremedy is the most appropriate for the specifictype of prime contract or subcontract(s) under con-sideration.

B. Whenever the OSDI Director determines toapply any race- and gender-conscious remedy de-scribed in this article to a solicitation or contract,the OSDI Director’s written determination pur-suant to subsection A of this section shall be in-corporated into the IFB, RFP or comparable docu-ment. In the event that the originating department



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6.30.200

and the OSDI cannot agree on the race- and gen-der-conscious remedy, the Chief Procurement Of-ficer shall make the determination.

C. Race- and gender-conscious remedies areprovided exclusively to MBE firms and are in-tended to encourage greater prime and subcontractparticipation by these firms.

D. The race- and gender-conscious remediesprovided in this chapter apply only to prime con-tracts of less than $1 million in value. (REG-PROC-SD-2017-004 § VI(C))

Architectural and engineering(A&E).

A. For prime A&E contracts with a value of $1million or less:

1. If awarded competitively to the lowest re-sponsive and responsible bidder: The OSDI Di-rector may consider granting a bid discount ofup to the lesser of five percent or $50,000, ora higher percentage or amount if authorized bystate law, to bids submitted by a qualified MBEfirm owned by African-American(s), Asian-Amer-ican(s), Hispanic-American(s) or female(s). Col-lectively, MBE or WSSC-approved SLBE primesand subcontractors must retain 60 percent of thecontract value. This requirement does not apply tosupply contracts, licensing agreements and distrib-utorship agreements. Any MBE awarded a WSSCcontract under this policy as a prime consul-tant/contractor shall not subcontract more than 40percent of the contract value to a firm other thanother certified MBEs or WSSC-approved SLBEfirms.

2. If awarded pursuant to an evaluation ofproposals submitted in response to a RFP: TheOSDI Director may consider granting an evalu-ation point preference to a qualified MBE firmowned by African-American(s), Asian-Ameri-can(s), Hispanic American(s) or female(s). Thepoint preference for a MBE firm responding as aprime shall not exceed five percent of the totalevaluation points. Collectively, MBE or WSSC-approved SLBE primes and subcontractors mustretain 60 percent of the contract value. This re-quirement does not apply to supply contracts, li-censing agreements and distributorship agree-ments. Any MBE awarded a WSSC contract underthis policy as a prime consultant/contractor shallnot subcontract more than 40 percent of the con-

tract value to a firm other than other certifiedMBEs or WSSC-approved SLBE. The OSDI Di-rector shall recommend this prime contract rem-edy only after first considering implementation ofthe remedies set forth in subsections B and C ofthis section and determining that they are ineffec-tive. In the event that the originating departmentand the OSDI cannot agree on the race- and gen-der-conscious remedy, the Chief Procurement Of-ficer shall make the determination.

B. For any prime A&E contract, WSSC:1. May award additional, incentive points of

less than five percent of the total points that canbe realized from applying all evaluation criteriato any qualified non-MBE firm that demonstratesits good faith intention to use a qualified, MBEowned by a Hispanic-American(s), African-Amer-ican(s), Asian-American(s), or female(s) as a sub-contractor; or

2. May determine, on a contract-by-contractbasis, a contract-specific subcontracting require-ment for qualified Hispanic-American(s), African-American(s), Asian-American(s), or female(s)-owned MBE firms; this contract-by-contract re-quirement shall be based on an assessment of thespecific types of A&E services required under thecontract, and the relative availability of ready,willing, and able Hispanic-American(s), African-American(s), Asian-American(s), or female(s)MBEs to provide such services. The request forqualifications or RFP documents for the contractshall require all bidders to exercise good faith ef-forts to attain the mandated percentage of His-panic-American African-American(s), Asian-American(s), or female(s)-owned MBE subcon-tract participation. Respondents shall submit withtheir proposals the name, ownership, MBE statusand scope (and dollar value) of work for eachproposed subcontractor. Upon award of the primecontract, the prime contractor shall be requiredto submit accurate progress payment informationwith each invoice regarding each of its subcon-tractors, including MBE subcontractors. All directsubcontracting must be reported on a WSSC-funded contract; and all subcontractors must be ap-proved by the OSDI. The OSDI shall audit thereported payments to MBE and non-MBE subcon-tractors to ensure that the prime contractors’ re-ported subcontract participation is accurate.


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6.30.210

3. May establish consideration, on a con-tract-specific basis, for bids or proposals with cri-teria that qualified, certified MBE firms have aprincipal place of business in either MontgomeryCounty or Prince George’s County on WSSC-funded contracts.

C. In addition to the foregoing race- and gen-der-conscious remedies, the OSDI Director may,with the concurrence of the General Counsel andthe Chief Procurement Officer (or designatedTeam Chief) at the beginning of a calendar or fis-cal year, establish an overall A&E annual MBE as-pirational subcontracting goal for Hispanic-Amer-ican(s), African-American(s), Asian-American(s),or female(s)-owned MBE firms. This goal shall beflexibly applied and shall reflect: the availabilityof African-American, Asian-American; Hispanic-American or female-owned MBE firms that pro-vide A&E services, as determined by the disparitystudy; the types of A&E services provided bythese firms; and the OSDI Director’s assessmentregarding the specific types of A&E services thatwill be required by WSSC’s A&E prime contrac-tors during the year in which the overall goal willapply. (REG-PROC-SD-2017-004 § VI(D))

Construction.A. For prime construction contracts with a

value of $1 million or less:1. If awarded competitively to the lowest re-

sponsive and responsible bidder: The OSDI Direc-tor may consider granting a bid discount of up to10 percent to bids submitted by a qualified MBEfirm owned by African-American(s), Asian-Amer-ican(s), Native American(s) or female(s). Collec-tively, MBE or WSSC-approved SLBE primes andsubcontractors must retain 60 percent of the con-tract value. This requirement does not apply tosupply contracts, licensing agreements and distrib-utorship agreements. Any MBE awarded a WSSCcontract under this policy as a prime consul-tant/contractor shall not subcontract more than 40percent of the contract value to a firm other thanother certified MBEs or WSSC-approved SLBEfirm. The preference price reduction for a MBEfirm bidding as a prime shall not exceed 10 per-cent. Application of this preference is appliedwhen bids are received and evaluated by theOSDI.

2. If awarded pursuant to an evaluation ofproposals submitted in response to a RFP: TheOSDI Director may consider granting a point pref-erence to a qualified MBE firm owned by African-American(s), Asian-American(s), Native Ameri-can(s) or female(s). The point preference for aMBE firm responding as a prime shall not exceed10 percent of the total evaluation points. Collec-tively, MBEs or WSSC-approved SLBE primesand subcontractors must retain 60 percent of thecontract value. This requirement does not apply tosupply contracts, licensing agreements and distrib-utorship agreements. Any MBE awarded a WSSCcontract under this policy as a prime consul-tant/contractor shall not subcontract more than 40percent of the contract value to a firm other thanother certified MBEs or WSSC-approved SLBEfirms.

3. The OSDI Director may establish consid-eration, on a contract-specific basis, for bids orproposals with criteria that qualified, certifiedMBE firms have a principal place of business ineither Montgomery County or Prince George’sCounty on WSSC-funded contracts.

4. WSSC may award additional incentiveevaluation points of less than 10 percent of the to-tal points that can be realized from applying allevaluation criteria to any qualified non-MBE firmthat demonstrates its good faith intention to use aqualified MBE owned by a Native American(s),African-American(s), Asian-American(s), or fe-male(s) as a subcontractor.

5. The OSDI Director shall recommend theforegoing prime contract remedies only after firstconsidering implementation of the remedies setforth in subsections B and C of this section anddetermining that they are ineffective. In the eventthat the originating department and the OSDI can-not agree on the race- and gender-conscious rem-edy, the Chief Procurement Officer shall make thedetermination.

B. For any prime construction contract, theOSDI Director may determine, on a contract-by-contract basis, a, contract-specific subcontractingrequirement for qualified, African-American,Asian-American, Native American or female(s)-owned MBE firms; this contract-by-contract goalshall be based on an assessment of the specifictypes of construction services required under the



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6.30.220contract, and the relative availability of ready,willing, and able African-American, Asian-Amer-ican, Native American, or female(s)-owned MBEsto provide such services. The IFB or RFP/RFQ forthe contract shall require all respondents to exer-cise good faith efforts to attain the mandated per-centage of African-American, Asian-American,Native American or female(s)-owned MBE sub-contract participation. Bidders or respondents shallsubmit with their bids/proposals the name, own-ership, MBE status and scope (and dollar value)of work for each proposed subcontractor. Uponaward of the prime contract, the prime contractorshall be required to submit accurate progress pay-ment information with each invoice regardingeach of its subcontractors, including MBE subcon-tractors. All direct subcontracting must be reportedon a WSSC-funded contract; and all subcontrac-tors must be approved by the OSDI. The OSDIshall audit the reported payments to MBE and non-MBE subcontractors to ensure that the prime con-tractors’ reported subcontractor participation is ac-curate.

C. In addition to the foregoing race- and gen-der-conscious remedies, the OSDI Director may,with the concurrence of the General Counsel andChief Procurement Officer (or designated TeamChief), at the beginning of a calendar or fiscalyear, establish an overall construction MBE annualaspirational subcontracting requirement forAfrican-American, Asian-American, Native-American-owned or female-owned MBE firms.This goal shall be flexibly applied and shall re-flect: the availability of African-American, Asian-American, Native-American- or female-ownedMBE firms that provide construction services, asdetermined by the disparity study; the types ofconstruction services provided by each of theseethnically diverse firms; and the OSDI Director’sassessment regarding the specific types of con-struction services that will be required by WSSC’sprime construction contractors during the year inwhich the overall goal will apply. In the event thatthe originating department and the OSDI cannotagree on the race- and gender-conscious remedy,the Chief Procurement Officer shall make the de-termination. (REG-PROC-SD-2017-004 § VI(E))

Goods and services.A. For prime goods and services contracts with

a value of $1 million or less:1. If awarded competitively to the lowest re-

sponsive and responsible bidder: The OSDI Direc-tor may consider granting a bid discount of up tothe lesser of five percent or $50,000, or a higherpercentage or amount if authorized by state law,to bids submitted by a qualified MBE firm ownedby African-American(s) or Hispanic-American(s).Collectively, MBE or WSSC-approved SLBEprimes and subcontractors must retain 60 percentof the contract value. This requirement does notapply to supply contracts, licensing agreementsand distributorship agreements. Any MBEawarded a WSSC contract under this policy as aprime consultant/contractor shall not subcontractmore than 40 percent of the contract value to afirm other than other certified MBEs or WSSC-ap-proved SLBE firms.

a. The preference price reduction for aMBE firm bidding as a prime shall not exceed thelesser of five percent or $50,000, or a higher per-centage or amount if authorized by state law. Ap-plication of this preference is applied when bidsare received and evaluated by the OSDI.

2. If awarded pursuant to an evaluation ofproposals submitted in response to an RFP: TheOSDI Director may consider granting a point pref-erence to a qualified MBE firm owned by African-American(s) or Hispanic-American(s). The pointpreference for a MBE firm responding as a primeshall not exceed five percent of the total evaluationpoints. Collectively, MBE or WSSC-approvedSLBE primes and subcontractors must retain 60percent of the contract value. This requirementdoes not apply to supply contracts, licensingagreements and distributorship agreements. AnyMBE awarded a WSSC contract under this policyas a prime consultant/contractor shall not subcon-tract more than 40 percent of the contract value toa firm other than other certified MBEs or WSSC-approved SLBE firms.

3. WSSC may award additional, incentiveevaluation points of less than five percent of thetotal points that can be realized from applying allevaluation criteria to any qualified non-MBE firmthat demonstrates its good faith intention to use a


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6.30.230

qualified MBE owned by an African-American(s)as a subcontractor.

4. WSSC may establish consideration, on acontract-specific basis, for bids or proposals cri-terion that qualified, certified MBE firms have aprincipal place of business in either MontgomeryCounty or Prince George’s County on WSSC-funded contracts.

5. The OSDI Director shall implement theforegoing prime contract remedies only after firstconsidering implementation of the remedies setforth in subsections B and C of this section anddetermining that they are ineffective. In the eventthat the originating department and the OSDI can-not agree on the race- and gender-conscious rem-edy, the Chief Procurement Officer shall make thedetermination.

B. For any prime goods and services contract,the OSDI Director may determine, on a contract-by-contract basis, a contract-specific subcontract-ing requirement for qualified, African-AmericanMBE firms that the OSDI Director determines willprovide a commercially useful function; this goalshall be based on an assessment of the specifictypes of goods and services required under thecontract, and the relative availability of ready,willing, and able African-American MBEs to pro-vide such services. The IFB/RFP/RFQ documentsfor the contract shall require all bidders to exercisegood faith efforts to attain the mandated percent-age of African-American-owned MBE subcontractparticipation. Bidders shall submit with their bidsthe name, ownership, MBE status and scope (anddollar value) of work for each proposed subcon-tractor. Upon award of the prime contract, theprime contractor shall be required to submit accu-rate progress payment information with each in-voice regarding each of its subcontractors, includ-ing MBE subcontractors. All direct subcontractingmust be reported on a WSSC-funded contract; andall subcontractors must be approved by the OSDI.The OSDI shall audit the reported payments toMBE and non-MBE subcontractors to ensure thatthe prime contractors’ reported subcontract partic-ipation is accurate.

C. In addition to the foregoing race- and gen-der-conscious remedies, the OSDI Director may,with the concurrence of the General Counsel andthe Chief Procurement Officer (or designated

Team Chief) at the beginning of a calendar or fis-cal year, establish an overall goods and servicesMBE annual aspirational subcontracting require-ment for African-American-owned MBE firms.This goal shall be flexibly applied and shall re-flect: the availability of African-American-ownedMBE firms that provide goods and services, asdetermined by the disparity study; the types ofgoods and services by each of these ethnically di-verse firms; and the OSDI Director’s assessmentregarding the specific types of goods and servicesthat will be required by WSSC’s prime goods andservices contractors during the year in which theoverall goal will apply. (REG-PROC-SD-2017-004 § VI(F))

Professional services.A. For prime professional services contracts

with a value of $1 million or less:1. If awarded competitively to the lowest re-

sponsive and responsible bidder: The OSDI Direc-tor may consider granting a bid discount of thelesser of five percent (or $50,000, or a higher per-centage or amount if authorized by state law, tobids submitted by a qualified MBE firm owned byAfrican-American(s), Asian-American(s), or fe-male(s). Collectively, MBE or WSSC-approvedSLBE primes and subcontractors must retain 60percent of the contract value. This requirementdoes not apply to supply contracts, licensingagreements and distributorship agreements. AnyMBE awarded a WSSC contract under this policyas a prime consultant/contractor shall not subcon-tract more than 40 percent of the contract value toa firm other than other certified MBEs and WSSC-approved SLBE firms. The preference price reduc-tion for a MBE firm bidding as a prime shall notexceed the lesser of five percent or $50,000, or ahigher percentage or amount if authorized by statelaw. Application of this preference is applied whenbids are received and evaluated by the OSDI.

2. If awarded pursuant to an evaluation ofproposals submitted in response to a RFP: TheOSDI Director may consider granting a point pref-erence to a qualified MBE firm owned by African-American(s), Asian-American(s) or female(s). Thepoint preference for a MBE firm responding as aprime shall not exceed five percent of the totalevaluation points. Collectively, MBE or WSSC-approved SLBE primes and subcontractors must



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6.30.240

retain 60 percent of the contract value. This re-quirement does not apply to supply contracts, li-censing agreements and distributorship agree-ments. Any MBE awarded a WSSC contract underthis policy as a prime consultant/contractor shallnot subcontract more than 40 percent of the con-tract value to a firm other than other certifiedMBEs and WSSC-approved SLBE firms.

3. WSSC may award additional incentiveevaluation points of less than five percent of thetotal points that can be realized from applying allevaluation criteria to any qualified non-MBE firmthat demonstrates its good faith intention to usea qualified MBE owned by African-American(s),Asian-American(s), Native American(s) or fe-male(s) as a subcontractor.

4. WSSC may establish consideration on acontract-specific basis, for bids or proposals cri-terion that qualified, certified MBE firms have aprincipal place of business in either MontgomeryCounty or Prince George’s County on WSSC-funded contracts.

5. The OSDI Director shall implement theforegoing prime contract remedies only after firstconsidering implementation of the remedies setforth in subsections B and C of this section and de-termining that they are ineffective.

B. For any professional services contract, theOSDI Director may determine, on a contract-by-contract basis, a contract-specific subcontractingrequirement for qualified MBE firms owned byAfrican-American(s), Asian-American(s), NativeAmerican(s) or female(s); this goal shall be basedon an assessment of the specific types of profes-sional services required under the contract, andthe relative availability of ready, willing, and ableMBE firms owned by African-American(s),Asian-American(s), Native American(s) or fe-male(s) to provide such services. TheIFB/RFP/RFQ documents for the contract shall re-quire all bidders to exercise good faith efforts toattain the mandated percentage of African-Amer-ican(s), Asian-American(s), or female(s)-ownedMBE subcontractor participation. Bidders shallsubmit with their bids the name, ownership, MBEstatus and scope (and dollar value) of work foreach proposed subcontractor. Upon award of theprime contract, the prime contractor shall be re-quired to submit accurate progress payment infor-

mation with each invoice regarding each of its sub-contractors, including MBE subcontractors. All di-rect subcontracting must be reported on a WSSC-funded contract; and all subcontractors must beapproved by the OSDI. The OSDI shall audit thereported payments to MBE and non-MBE subcon-tractors to ensure that the prime contractors’ re-ported subcontractor participation is accurate. Anotice to proceed will not be issued until a current,correct and complete subcontracting plan is ap-proved in WSSC’s Web-Based Compliance Sys-tem by the OSDI for each contract term, if applic-able.

C. In addition to the foregoing, race- and gen-der-conscious remedies, the OSDI Director may,with the approval of the Commission, at the begin-ning of a calendar or fiscal year, establish an over-all professional services MBE annual aspirationalsubcontracting requirement for MBE firms ownedby African-American(s), Asian-American(s), Na-tive American(s) or female(s). This goal shall beflexibly applied and shall reflect: the availabilityof African-American, Asian-American, NativeAmerican(s) or female-owned MBE firms thatprovide professional services, as determined bythe disparity study; the types of professional ser-vices provided by these firms; and the OSDI Di-rector’s assessment regarding the specific typesof professional services that will be required byWSSC’s prime professional services contractorsduring the year in which the overall goal will ap-ply. This overall aspirational subcontracting re-quirement, however, shall be administered viacontract-specific goal setting established herewith.(REG-PROC-SD-2017-004 § VI(G))

Article IV. Program Administration

MBE certification.A. The OSDI shall verify that all entities claim-

ing MBE status for purposes of this chapter havebeen validly certified by either: the state certifi-cation agency designated under the State Financeand Procurement Article, § 14-303(b), AnnotatedCode of Maryland (or any successor sectionthereto); or by any other certification program thatthe Commission determines substantially dupli-cates the requirements of the state certificationagency requirements of the Public Utilities Article,


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https://municipal.codes/MD/Code/GSF/14-303(b)

6.30.250

§ 20-204(c), Annotated Code of Maryland (or anysuccessor section thereto).

B. As required by WSSC Chapter 6.05, allfirms registered in WSSC’s Supplier Portal Sys-tem (supplanted the CBR on November 9, 2015)shall provide their MBE status when registeringand shall be responsible for the ongoing accuracyof that status.

C. MBE certifications recognized by the Com-mission include (but are not limited to) those of thefollowing agencies:

Maryland Department of Transportation (M-DOT)7201 Corporate Center DriveHanover, MD 21076

Prince George’s County Office of Central Ser-vicesSupplier Development and Diversity Division(SDDD)1400 McCormick Drive, Suite 281Largo, MD 20774

District of Columbia’s Department of Small andLocal Business Development (DC-DSLBD)441 4th Street NW, Suite 970NWashington, DC 20001

Capital Region Minority Supplier DevelopmentCouncil(CRMSDC)10750 Columbia Pike, Suite 200Silver Spring, MD 20901

Women President’s Educational Organization(WPEO)(Local – WBENC Chapter)1250 Connecticut Avenue NW, Suite 200Washington, DC 20036

D. The OSDI reserves the right to disregard thecertification of any firm, entity or enterprise foundto have violated the purposes of WSSC’s MBEprogram or a comparable program of another gov-ernment agency. WSSC may take steps to bar anypersons found to have engaged in such a violationfrom participating in the Commission’s MBE pro-gram. (REG-PROC-SD-2017-004 § VII(A))

Graduation.A. Introduction. The OSDI shall be responsible

for monitoring and conducting periodic reviews ofthe size, WSSC contract participation levels, and

conduct of all certified MBE firms to determinewhen they should become ineligible for the reme-dies established in this chapter because the firmno longer requires the assistance or benefits of-fered by WSSC’s MBE program. The OSDI shallensure that WSSC’s Supplier Portal System accu-rately and timely reflects the graduation of cer-tified MBE firms. In making the determinationrequired by this subsection, the OSDI shall adhereto the following standards:

B. Standards. Any of the following, whicheveroccurs first, will result in a firm’s graduation fromthe MBE program established by this chapter:

1. Certified MBEs shall graduate from par-ticipating in this chapter’s remedies when the firmgraduates from the MBE, DBE or WBE certifica-tion program or the third-party MBE certifying or-ganizations referenced in WSSC 6.30.240(C), orfrom any other certification program that the Com-mission determines substantially duplicates the re-quirements of these third-party MBE certifying or-ganizations; or

2. Certified MBEs shall graduate from par-ticipating in the remedies set forth in this chapterwhen the firm has received from the Commissionannual net payments (as a prime contractor or asubcontractor) during a rolling three-year periodthat are equal to or greater than the followingamounts, per industry, as determined by theNAICS code(s) associated with the MBE firm inWSSC’s Supplier Portal System. If net paymentinformation is unavailable, graduation will bebased upon gross payments (as a prime contractoror a subcontractor):

a. Wholesale, $8 million;b. Retail, $6 million;c. Manufacturing, $4 million;d. Services, $20 million;e. Construction, $14 million; orf. Architectural and engineering, $9 mil-

lion.C. The OSDI shall evaluate each certified MBE

firm receiving contract payments from WSSC inaccordance with the foregoing standards annuallyand shall determine whether a certified MBE hasgraduated based on these standards.

D. A MBE firm’s graduation, pursuant to sub-section (B)(1) or (B)(2) of this section, shall haveno effect on any contract entered into by the firm



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6.30.260

and the Commission when the firm was qualifiedto participate in the remedies established in thischapter.

E. Petition for Reinstatement.1. During the three years after graduating

pursuant to subsection (B)(2) of this section, if aMBE firm repeatedly competes unsuccessfully forCommission contracts while maintaining its MBEcertification with one of the third-party certifyingorganizations recognized by the Commission, thefirm may petition the OSDI for reinstatement ofits MBE status for purposes of this chapter. Thepetition shall include (but need not be limited to):all documents and records relating to the firm’sunsuccessful efforts during the three-year periodto obtain Commission contracts (including internaldocuments, which may be submitted under seal);the firm’s detailed explanation regarding why itsbids or proposals were unsuccessful; and a state-ment regarding why its reinstatement will be con-sistent with a “narrowly tailored” MBE programand will otherwise comport with applicable law.

2. A MBE firm whose petition is dismissedor denied by the OSDI may ask the OSDI to recon-sider its decision within 20 business days thereof,or may file an appeal with the Chief ProcurementOfficer within 30 business days of the last actiontaken by the OSDI regarding its petition. TheChief Procurement Officer shall respond within 60calendar days of the receipt of the notice of appeal.The decision shall be issued by the Chief Procure-ment Officer and shall constitute the final decisionof the Commission. (REG-PROC-SD-2017-004§ VII(B))

Requests for waiver ormodification to subcontractingplan(s).

A. Pre-Award. A bidder, respondent or primecontractor may request a full or partial waiver ofa MBE subcontracting requirement by submittingeither the MBE/SLBE unavailability form con-tained in the solicitation or a written request andappropriate documentation. Bidders and respon-dents are required to submit the MBE/SLBE un-availability form, with the required supportinggood faith efforts documentation, simultaneouslywith bid or proposal submission, if the bidder isunable to obtain a certified MBE firm or meetthe minimum MBE participation subcontracting

requirement and presents adequate evidence of itsgood faith efforts, as defined herein, to meet thesubcontracting requirement. All subcontractors(MBE, WSSC-approved SLBE, and majority sub-contracting firms) must be approved by WSSC’sOSDI and all subcontracting (MBE, WSSC-ap-proved SLBE, and majority subcontracting firms)must be reported to WSSC via the WSSC Web-Based Compliance System.

B. Post-Award. A prime contractor shallpromptly request in writing a full or partial waiverof the MBE subcontracting requirement as soonas possible (timely manner) after prime contractorbecomes aware that it will be unable to complywith an approved SLBE or MBE subcontractingand supplier certification (subcontracting plan).The written request shall detail the prime contrac-tor’s good faith efforts (as outlined in the GoodFaith Efforts Guide or successor) to execute theMBE subcontracting plan and shall include a re-vised MBE subcontracting plan(s), if applicable.The prime contractor must submit all documenta-tion related to its good faith efforts to maximizethe utilization of MBE subcontractors. A primecontractor is required to notify and obtain writtenapproval from the OSDI in advance of any reduc-tion in subcontract scope, termination, substitutionor any other changes for a designated MBE sub-contractor and accompanied by supporting doc-umentation. All subcontractors (WSSC-approvedSLBE, MBE and majority subcontracting firms)must be approved by WSSC’s OSDI and all sub-contracting (WSSC-approved SLBE, MBE andmajority subcontracting firms) must be reportedto WSSC via the WSSC Web-Based ComplianceSystem.

C. Procedure. All waiver requests shall be sub-mitted to the OSDI and to the Procurement Officefor resolution by the OSDI Director. Should theOSDI Director determine that the bidder (orprime) has demonstrated good faith efforts, thenthe waiver will be granted. If the waiver is denied,the Chief Procurement Officer shall respondwithin 60 calendar days of the receipt of any noticeof appeal to a waiver request. The decision shallbe issued by the Chief Procurement Officer andshall constitute the final decision of the Commis-sion. (REG-PROC-SD-2017-004 § VII(C))


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6.30.270 Enforcement.A. The OSDI shall ensure adherence to this

chapter by Commission personnel, prime contrac-tors and direct subcontractors.

B. To ensure compliance with contract specificMBE subcontracting requirements, the OSDI shallverify that the certified MBEs listed in approvedSLBE/MBE subcontracting and supplier certifica-tions (subcontracting plans) are actually perform-ing work and receiving compensation as set forthin the plan.

C. Requests for waiver of approvedSLBE/MBE subcontracting and supplier certifica-tions (subcontracting plans) shall be filed in accor-dance with WSSC 6.30.260.

D. Failure of a prime contractor to make goodfaith efforts to comply with an approvedSLBE/MBE subcontracting and supplier certifica-tions (subcontracting plans) may – absent uninten-tional, accidental or otherwise justifiable extenu-ating circumstances – constitute either willful orintentional failure to perform in accordance withthe requirements of the subcontracting plan, orwillful or intentional action to frustrate the plan.The OSDI shall determine whether the prime con-tractor’s failure to make good faith efforts waswillful or intentional based on all relevant facts,circumstances and information presented or avail-able to the OSDI and shall then determine whetherenforcement action should be taken in a particularcase.

E. Upon determining that a prime contractorhas failed to comply with an approved SLBE/MBEsubcontracting and supplier certifications (subcon-tracting plans), the OSDI shall notify the Procure-ment Office, which will notify the contractor inwriting of its findings and shall specify what cor-rective actions are required. The contractor is re-quired to initiate the corrective actions within 10business days of receipt of notice and completethem within the time specified in the notice. Thecorrective actions shall be recommended by theOSDI and implemented and issued to the contrac-tor by the Chief Procurement Officer.

F. If the OSDI determines that material non-compliance with MBE contract provisions existsand that the prime contractor refuses or fails totake the corrective action required in the Procure-

ment Office’s notice, then the following sanctionsmay be invoked by the Chief Procurement Officer:

1. Withhold payment to the prime;2. Suspension of the contract;3. Termination of the contract;4. Referral to the General Counsel’s Office

for appropriate action; or5. Initiation of any other specific remedy

identified by contract, this chapter or other applic-able law or regulation.

G. Unless the OSDI Director grants a partial orcomplete waiver of the contract-specific subcon-tracting requirement from the OSDI, failure on thepart of any bidder to commit to attainment of acontract-specific subcontracting requirement shallrender a bid nonresponsive. Furthermore, disclo-sure of subcontractor information is a materialspecification in the bid, and failure to provide suchinformation shall render a bid nonresponsive.

H. Absent a waiver, a prime contractor’s failureto reach the required level of MBE subcontractingshall be considered a material breach of contract.No final payment on the prime contract shall be re-leased to the prime contractor, and no new WSSCcontracts should be issued to the prime contractoruntil the audit of previous subcontract payments iscomplete and payments are determined to complywith contract specifications.

I. The OSDI in collaboration with the Procure-ment Office, Contracting Manager (CM) (or Ad-ministrating Contract Manager (ACM)) may ini-tiate the noncompliance notification to the primecontractor via the Procurement Office for correc-tive action, as outlined in WSSC’s Contract Termsand Conditions.

J. The OSDI may use any other compliancemechanism authorized by contract or by Commis-sion regulation.

K. The OSDI, in conjunction with appropriateWSSC personnel, may, upon completion of a con-tract, and before final payment, require that aprime contractor on any contract having a contractspecific MBE subcontracting requirement submita final report, in affidavit form and under penaltyof perjury, of all payments made to, or withheldfrom, MBE subcontractors:

1. Submit a final report, in affidavit form andunder penalty of perjury, of all payments made to,or withheld from, MBE subcontractors;



6-57

6.30.280

6.30.290

6.30.300

6.30.310

2. Allow the OSDI to inspect any relevantmatter, including job site records of the contractor;

3. Allow the OSDI to interview subcontrac-tors and employees of the contractor;

4. For construction contracts, ensure thatsubcontractors are (a) paid any undisputed amountto which the subcontractor is entitled as providedunder the State Finance and Procurement Article,§ 15-226, Annotated Code of Maryland; and (b)comply with the Commission regulations; and

5. Include in the agreement with the MBEsubcontractor a requirement that the subcontractorsubmits a monthly report to the Commission asrequired by the contract through WSSC’s Web-Based Compliance System or any successor Web-Based Compliance System thereto.

6. Notice of this requirement shall be in-cluded in the IFB or RFP.

L. Any enforcement action taken by WSSCpursuant to this section shall be subject to the in-ternal appeals process and procedures provided forin WSSC’s Procurement Manual (and any subse-quent manual or regulation thereto). (REG-PROC-SD-2017-004 § VII(D))

Periodic update of factualpredicate.

A. A minimum of five and no more than sevenyears thereafter, the Commission shall undertakean independent assessment of its factual predicatefor its MBE program by issuing an RFP for theperformance of a disparity study regarding the rel-evant market area (including public sector and pri-vate sector contracting) from which the Commis-sion purchases its goods and services. The selectedconsultant(s) shall conduct the disparity study inaccordance with relevant and current case law andindustry standards regarding the selection of bestavailable data sources and appropriate methodolo-gies in analyzing the relevant market area and anybarriers to MBE participation in WSSC contracts.The disparity study shall render findings regardingthe ongoing need, if any, for the remedies con-tained in this chapter, and shall make recommen-dations for modifying this chapter in accordancewith the law, specifically the need to implementsuch remedies in a narrowly tailored and effectivefashion.

B. The standard procedure codified in thischapter shall expire when the statutory authority

expires for WSSC’s MBE program; or when themost recent disparity study at that time demon-strates that WSSC does not have a strong basis inevidence to continue its MBE program to addressongoing effects of past or present discriminationthat prevents or limits MBEs from participatingin WSSC contracts at a level which would haveexisted absent such discrimination. (REG-PROC-SD-2017-004 § VII(E))

Severability.If any section, paragraph, sentence, clause,

phrase or word of this chapter is, for any reason,held by a court of competent jurisdiction to be un-constitutional, invalid, inoperative, or void, suchholding shall not affect the legality or validity ofany other section, paragraph, sentence, clause,phrase or word of this chapter. (REG-PROC-SD-2017-004 § VII(F))

Regulatory status.This chapter shall constitute a “regulation”

within the meaning of the Public Utilities Article,§ 17-403, Annotated Code of Maryland, and shallbe enacted in accordance with the requirements ofthe Public Utilities Article, § 17-403, AnnotatedCode of Maryland. Any revisions, modificationsor amendments of or to this chapter shall alsobe enacted in accordance with the Public UtilitiesArticle, § 17-403, Annotated Code of Maryland,or any successor provision thereto. (REG-PROC-SD-2017-004 § VII(G))

Applicability.For any WSSC contract to be awarded pursuant

to an IFB, RFP (including request for qualifica-tions; see definition of “request for proposals(RFP)” in WSSC 6.30.030), intergovernmentalagreements/cooperative agreements (WSSC-funded), or request for bid/quotation, this chaptershall apply only to a contract whose associatedIFB, RFP or other request was disseminated tothe public on or after the effective date of thestandard procedure codified in this chapter, as in-dicated above. (REG-PROC-SD-2017-004§ VII(H))


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6.35.0106.35.020

6.35.0306.35.040

6.35.0506.35.0606.35.0706.35.080

6.35.0906.35.100

6.35.1106.35.120

6.35.1306.35.1406.35.1506.35.1606.35.170

6.35.180

6.35.1906.35.2006.35.2106.35.2206.35.230

6.35.240

6.35.250

6.35.2606.35.2706.35.2806.35.2906.35.300

6.35.010

6.35.020

Chapter 6.35

SMALL LOCAL BUSINESS ENTERPRISE(SLBE) PROGRAM

Sections:


Purpose.Statement of policies andobjectives.Definitions.Eligibility for the SLBE program.

Article II. Race- and Gender-Neutral Remedies

Applicability.Expanded unbundling.Mentor-protege program.Access to capital, bonding andinsurance requirements.Aggressive outreach.Optimization of diverse businessdevelopment program (ODBDP)(formerly “sheltered marketprogram”).Small contracts rotation program.Supplier diversity distributor (value-added) program.Expedited payment.Subcontracting requirements.Price preferences/point preferences.Bid debriefings.Monitoring, tracking and reportingof program and contractingactivities.Prohibition of discrimination.

Article III. Program Administration

SLBE approval.Graduation.Termination.Reconsideration –Appeals.Requests for waiver or modificationto subcontracting plan(s).SLBE prime and subcontracting –Enforcement and compliance.Post-award contract compliancemonitoring.

Good faith efforts.SLBE program performance review.Severability.Regulatory status.Applicability.


Purpose.In accordance with Title 20, Subtitle 3 of the

Public Utilities Article, Annotated Code of Mary-land, the Washington Suburban Sanitary Commis-sion’s (WSSC) small local business enterprise(SLBE) program is intended to assist small busi-nesses located in Montgomery County and PrinceGeorge’s County, Maryland, by establishing acompetitive business program or subcontracting orother appropriate preferences in connection withthe award of construction, architectural and en-gineering (A&E), goods and services and profes-sional services contracts by WSSC. The programwas established in 2001 by the Commission withintent to provide additional race- and gender-neu-tral remedies for the Commission to use in itsefforts to ensure that all segments of its local busi-ness community have a reasonable and significantopportunity to participate in WSSC-funded con-tracting opportunities.

The program was established in 2001 with in-tent to further WSSC’s compelling interest inavoiding either active or passive participation inprivate sector marketplace discrimination, and inpromoting equal opportunity for all segments ofthe contracting community to participate inWSSC-funded contracting opportunities.

Specialized terms used in this chapter are de-fined in WSSC 6.35.030. (REG-PROC-SD-2017-005 § I)

Statement of policies andobjectives.

A. Policies.1. The procedures in this chapter implement

WSSC’s policy of encouraging greater availability,capacity development, and contract participationby SLBEs on Commission contracts. This policy isintended to promote equal opportunity for all seg-ments of the contracting community to participatein WSSC-funded contracting opportunities.



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6.35.030

2. Consistent with the Public Utilities Arti-cle, § 20-304(d), Annotated Code of Maryland, theCommission will review the eligibility criteria andadministrative procedures of the program eachyear to assess their effectiveness in furthering thepurposes of the program.

3. The Commission shall take all necessary,reasonable and legal action to prevent discrimina-tion, and to ensure that all businesses (includinglocal business enterprises (LBEs) and small busi-ness enterprises (SBEs)) are afforded the maxi-mum practicable opportunity to participate in theCommission’s contracting process.

4. The SLMBE Office in collaboration withthe Chief Procurement Officer shall have primaryoversight responsibility with the full support andcooperation of all other WSSC offices to admin-ister and ensure compliance with all policies andprocedures established herein.

B. Objectives. To meet the objectives of theSLBE program, WSSC is committed to, at a mini-mum:

1. Increasing the participation of SLBEs inWSSC contracting and to the extent possible,eliminate through race- and gender-neutral meansany disparities in the participation of minoritybusiness enterprises or women business enter-prises on WSSC contracts;

2. Periodically evaluating the progress of theSLBE program in meeting its objectives using ac-cumulated availability and utilization data;

3. Providing accountability and accuracy insetting requirements and in reporting program re-sults utilizing Web-Based Compliance Systems orother related systems (i.e., WSSC’s Supplier PortalSystem and Prism™ or any successor Web-BasedCompliance Systems) capable of identifying theuniverse of firms that are ready, willing and ableand interested in bidding on or performing onWSSC contracts;

4. Providing a means of tracking actualWSSC bids, contract awards, and prime contractsand direct subcontract payments to registered bid-ders or respondents on the basis of firm ownershipstatus, commodity or sub-industry codes, firm lo-cation and firm size. Accordingly, prime contrac-tors and subcontractors will be required to registerand input data into WSSC’s Web-Based Compli-ance System or other related systems as one of the

conditions of engaging in business with WSSC;and

5. The SLMBE Office, in concurrence withthe Chief Procurement Officer whenever neces-sary, shall:

a. Oversee and implement this chapter;b. Report to WSSC and to the public on

at least an annual basis WSSC’s progress towardssatisfying SLBE program objectives;

c. Recommend or grant SLBE programwaivers, improvements and adjustments to theCommission’s goal-setting and other SLBE pro-gram functions;

d. Provide substantive input in forecastingcontracting opportunities and contract specifica-tion (procurement process) review process to beundertaken in advance of the issuance of WSSCinvitation for bids (IFBs) and request for proposals(RFPs) to ensure that contract bid specificationsare not unnecessarily restrictive and unduly bur-densome to SLBE firms;

e. Develop and implement extensive out-reach and SLBE vendor/supplier developmentevents;

f. Receive and analyze external and inter-nal information including statistical data and anec-dotal evidence it deems appropriate to effectivelyaccomplish its duties;

g. Monitor and support the implementa-tion of the procedures in this chapter;

h. Meet with internal stakeholders as pro-gram objectives;

i. Enforce contractor compliance withcontract participation goals, and ensure that theoverall SLBE program goals and objectives aremet; and

j. Establish on a contract-by-contract basisthe minimum SLBE subcontracting or other SLBEprogram preference(s). (REG-PROC-SD-2017-005 § II)

Definitions.“Affirmative procurement initiatives (APIs)”

means waivers, bid incentives, price preferences,optimization of diverse business development pro-gram, subcontracting, small contract rotation pro-gram, mentor-protege program, and SLBE prefer-ence points and price in the proposal evaluations,expanded unbundling of contracts, bonding and in-

6.35.030 SMALL LOCAL BUSINESS ENTERPRISE (SLBE) PROGRAM

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surance requirements, and expedited payments forsubcontractors.

“Architectural and engineering (A&E)” meansprofessional services of an architectural or engi-neering nature; or required to be performed or ap-proved by a person licensed, registered, or cer-tified to provide such services; or related to re-search, planning, development, design, construc-tion, alteration, or repair of real property; or in-cidental services, which such individuals perform,including studies, investigations, surveying, map-ping, tests, evaluations, consultations, comprehen-sive planning, program management, conceptualdesigns, plans and specifications, value engineer-ing, construction phase services, soils engineering,drawing reviews, preparation of operating andmaintenance manuals, and other related services.Systems engineering related to WSSC informationtechnology is included in professional services.

“Award” means the final selection of a bidder,respondent or offeror for a specified prime con-tract or subcontract dollar amount. Contractawards are made by the Commission to prime con-tractors or vendors and by prime contractors orvendors to subcontractors or sub-vendors, usuallypursuant to an open invitation for bid (IFB) or re-quest for proposal (RFP) or qualification process.(Contract awards are to be distinguished from con-tract payments in that they only reflect the an-ticipated dollar amounts instead of actual dollaramounts that are paid to a bidder, or offeror underan awarded contract.)

“Bidder” means a firm submitting a price orproposal in response to an invitation for bid (IFB).Also used interchangeably with “respondent” or“offeror.”

Commercially Useful Function. A business en-terprise or firm performs a commercially usefulfunction when, based on all relevant facts and cir-cumstances, it is responsible for the execution ofthe work of the contract by actually performing,managing and supervising the work involved.Thus, the enterprise or firm must be responsiblewith respect to the material and supplies used onthe contract, for negotiating price, determiningquality and quantity, ordering the material and in-stalling (where applicable) and paying for the ma-terial itself. A SLBE does not perform a commer-cially useful function if its role is limited to that

of an extra participant in a transaction, contract orproject through which funds are passed in orderto obtain the appearance of SLBE participation. Indetermining whether a SLBE is such an extra par-ticipant, the SLMBE Office will examine similartransactions, particularly those in which SLBEs donot participate.

“Construction” means the process of building,altering, repairing, improving, or demolishing anypublic facility, including any public structure, pub-lic building, pipelines, plants, infrastructure, orother public improvements of any kind to realproperty. It does not include the routine operation,routine repair, or routine maintenance of any exist-ing public facility, including structures, buildings,plants, pipelines, infrastructure, or real property.Construction materials and supplies may be partof a construction purchase if procured by the con-tractor. If construction materials and supplies arepurchased directly by WSSC, they are classified asgoods purchases.

“Contracting area(s)” means WSSC’s fourbroad contracting areas of architectural and engi-neering, construction, goods and services and pro-fessional services. Also referred to as “industrycategories.”

Goal. As used in this chapter, a “goal” is eitheran annual aspirational objective or a contract-by-contract specific subcontracting goal. Annual as-pirational objectives are inapplicable to individualcontracts, but are intended to serve as a benchmarkagainst which to measure the overall effectivenessof the SLBE program in increasing participation ofready, willing and able SLBEs in WSSC contract-ing opportunities. May also be referred to as a “re-quirement.”

Good Faith Efforts. As used in this chapter,“good faith efforts” shall mean the actions takenby a bidder, respondent or prime contractor as es-tablished by reliable documentation of the bidder’sintent to comply with the SLBE program goals andprocedures and is more than due diligence, includ-ing but not limited to the requirements describedin WSSC 6.35.260.

“Good Faith Efforts Guide” means a documentused during the solicitation process that describesin detail the enumerated good faith efforts criteriathat prime contractors must employ pre- and post-award to maximize the participation/utilization of



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certified MBEs or WSSC-approved SLBEs. It de-tails the process by which a prime contractor mayrequest full and partial waiver of WSSC’s sub-contracting requirements for MBEs or WSSC-ap-proved SLBEs.

“Goods” means all supplies, equipment, mate-rials, and all tangible personal property, excludingreal property.

Goods and Services. The term “goods” means,without limitation, physical items such as treat-ment plant parts and supplies, water meters, firehydrants, valves, office supplies and equipment,vehicles and other materials. The term “services”means, without limitation, business, cleaning andrestoration, communication and waste manage-ment services.

“Graduation” means a SLBE firm permanentlygraduates from WSSC’s SLBE program when itmeets the criteria for graduation set forth in WSSC6.35.200.

Independently Owned and Operated. Owner-ship of a SLBE firm must be direct, independent,and by individuals only. Business firms that areowned by other businesses or by the principals orowners of other businesses that cannot themselvesqualify under the SLBE eligibility requirementsshall not be eligible to participate in the SLBE pro-gram.

“Industry categories” means procurementgroupings for WSSC inclusive of architectural andengineering, construction, professional servicesand goods and services (i.e., manufacturing,wholesale and retail distribution of commoditiesand nonprofessional services). Industry categoriesare also referred to as “contracting areas.”

“Invitation for bids (IFB)” means a method ofsoliciting sealed bids which are awarded to thelowest, responsible and responsive bidder(s), aregenerally opened publicly at a fixed date and timeand are read out loud in the presence of one ormore witnesses.

“Joint venture” means an association of two ormore persons or businesses carrying out a singlebusiness enterprise for which purpose they com-bine their capital, efforts, skills, knowledge orproperty. Joint ventures must be established bywritten agreement and, prior to submission of abid, validated by the SLMBE Office.

“Local business enterprise (LBE)” means a firmhaving a principal place of business or a signif-icant employment presence in Prince George’sCounty or Montgomery County, Maryland. Thisdefinition is subsumed within the definition of“small local business enterprise.”

“Minority business enterprise (MBE)” meansany legal entity, except a joint venture, that is orga-nized to engage in commercial transactions, whichis certified as being at least 51 percent owned,managed and controlled by one or more sociallyand economically disadvantaged minority orwoman individuals as defined in the State Financeand Procurement Article, § 14-301, AnnotatedCode of Maryland, and that is ready, willing andable to sell goods or services that are purchased byWSSC. Unless otherwise stated, the term “MBE”as used in this chapter is inclusive of women-owned business enterprises (WBEs) and disadvan-taged business enterprises (DBEs) that are certi-fied in accordance with state law and regulations.

“Non-M/WBE firms” means a firm that is not acertified minority/woman-owned firm in WSSC’sSLBE or MBE program.

“North American Industry Classification Sys-tem (NAICS)” means the six-digit code standardused by federal statistical agencies in classifyingbusiness establishments by the type of goods orservices a firm provides.

“Notice to proceed (NTP)” means a communi-cation from WSSC to a contractor stating the datethat the contractor can begin work, subject to thecontract conditions.

“Office of Supplier Diversity and Inclusion Di-rector (OSDI Director)” means the WSSC person-nel who is responsible for the management of theOSDI, and ultimately responsible for oversight,tracking, monitoring, administration, and imple-mentation of the MBE and SLBE programs, in-cluding but not limited to this chapter (formerlythe Small, Local and Minority Business Enterprise(SLMBE) Director).

“Office of Supplier Diversity and Inclusion(OSDI)” means the office within the Commissionthat is primarily responsible for implementing andadministering the MBE and SLBE programs (for-merly the Small, Local and Minority Business En-terprise (SLMBE) Office).


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“Optimization of diverse business developmentprogram (ODBDP)” means an affirmative pro-curement initiative designed to identify a portionof WSSC procurements and contracts for biddingexclusively by WSSC-approved SLBEs to facil-itate their competitive development (formerly“sheltered market program”).

“Points” means the quantitative assignment ofvalue for specific evaluation criteria in the con-tractor selection process pursuant to a request forproposal, request for qualification or multi-step in-vitation for bid selection method.

“Prime contractor” means the vendor or con-tractor to whom a purchase order or contract is is-sued by WSSC for purposes of providing goods orservices for WSSC.

“Principal place of business” means a locationwherein a firm maintains a physical office inPrince George’s County or Montgomery County,Maryland.

“Professional services” means services pro-vided by skilled professionals other than architec-tural and engineering. Such services include with-out limitation: IT consulting, management consult-ing, legal and accounting.

Race- and Gender-Neutral Remedy. Efforts toopen procurement opportunities in general, orspecifically to small or newly formed firms, arecollectively described as “race- and gender-neu-tral” programs. Neutral programs also includebonding assistance and small business lendingprograms.

“Request for proposal (RFP)” means all docu-ments utilized by WSSC for soliciting proposals.This competitive selection method is used for pro-curements where the Commission has determinedthat price should not be the sole determinant whenprocuring specified types of supplies, services orconstruction. Proposals submitted in response to aRFP are analyzed and ranked based on evaluationfactors and their corresponding relative weights,as stated in the RFP. For architectural and engi-neering (A&E) contracts (and some professionalservices contracts), WSSC may use a process thatbegins with publication of an announcement in-dicating the Commission’s intention to retain anA&E consultant and requesting interested firmsto submit a statement of their qualifications for

the proposed project. (This announcement is here-inafter referred to as “request for qualifications.”)

“Requirement” means a minimum subcontract-ing percentage for SLBE participation may be es-tablished on a contract-by-contract basis by theSLMBE Director or designee.

“Responsible” means a firm is capable in all re-spects to fully perform the contract requirementsand has the integrity and reliability which will as-sure good faith performance.

“Responsive” means a firm’s bid or proposalconforms in all material respects to the invitationfor bid (IFB) or request for proposal (RFP) andshall include compliance with the SLBE programrequirements.

“Service disabled veteran small local businessenterprise (SDV-SLBE)” means a firm that is cer-tified as service disabled veteran-owned and ap-proved to participate in WSSC’s SLBE program asdefined here within. Firm must meet the approvalcriteria of SLBE firms.

“Services” means the furnishing of labor, time,or effort not involving the delivery of a tangiblematerial product other than reports which aremerely incidental to the required performance.This term excludes employment agreements andcollective bargaining agreements, but includeswithout limitation consulting, personal, profes-sional, technical, and advisory services.

Significant Employee Presence. A firm has asignificant employee presence when no less than25 percent of a firm’s total number of employeesare domiciled in either Prince George’s County orMontgomery County, Maryland.

SLBE/MBE Subcontracting and SupplierCertification (SLBE/MBE Subcontracting Plan).The subcontracting plan identifies how the primecontractor intends to comply with the SLBE sub-contracting participation requirements of the con-tract. This subcontracting plan is signed by boththe prime and subcontractor and is notarized.

Small Business Enterprise (SBE). For the pur-pose of this chapter, a small business enterprise(SBE) is a small business qualifying under CO-MAR 21.11.01.04 or any successor regulationadopted pursuant to the State Finance and Procure-ment Article, § 14-203, Annotated Code of Mary-land, or any successor provision thereto.



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“Small, Local and Minority Business EnterpriseOffice Director (SLMBE Director)” means theWSSC employee that is responsible for the man-agement of the SLMBE Office, and ultimately re-sponsible for oversight, tracking, monitoring, ad-ministration and implementation of the SLBE andMBE programs, including but not limited to thischapter.

“Small, Local and Minority Business EnterpriseOffice (SLMBE Office)” means the office withinthe Commission that is primarily responsible forimplementing and administering the SLBE andMBE programs.

Small Local Business Enterprise Directory. Alisting of small local businesses that have been ap-proved for participation in the SLBE program maybe obtained, in part, by utilizing WSSC’s SupplierPortal System or any successor Web-Based Com-pliance System thereto, or a full SLBE Directoryobtained from the SLMBE Office.

Small Local Business Enterprise ProgramApplication. This form shall be completed bySLBEs when applying for approval or seeking re-newal of their SLBE status for participation inWSSC’s SLBE program. This application shall becompleted every two years by SLBEs 60 daysprior to their status expiration date.

“Small local business enterprise (SLBE)”means a firm that is approved by the SLMBE Of-fice based on the eligibility requirement as setforth in WSSC 6.35.040, a SLBE prior to submis-sion of a bid or proposal or inclusion in a subcon-tract plan. Includes a MBE or WBE if the MBE orWBE meets the requirements of a SLBE.

“Small local business enterprise status expira-tion” occurs when a SLBE firm fails to obtaintimely renewal, extension or reinstatement of itsSLBE status from the Commission. A WSSC-ap-proved SLBE firm’s failure to remain eligible andapply for its SLBE status upon receipt of writtennotice from the SLMBE Office will result in thebidder’s or prime’s profile being changed to ineli-gible status. Such firm will not be eligible to par-ticipate in the SLBE program.

“Standard procedure” refers to the standard pro-cedure codified in this chapter (or any successorSP, except where another WSSC standard proce-dure is expressly indicated). The terms “policy,”

“SLBE policy,” “SLBE program” and “program”are used synonymously with “SP” herein.

“Subcontractor” means any vendor or contrac-tor that is directly providing goods or services to aprime contractor in furtherance of the prime con-tractor’s performance under a contract or purchaseorder with WSSC.

“Termination” means permanent revocation ofSLMBE eligibility as defined in this SP in WSSC6.35.210.

“Waiver” means an exclusion from the provi-sions of the MBE or SLBE program requirementsgranted by the Commission.

Women-Owned Business Enterprise (WBE). Asused in this chapter, “WBE” means any legal en-tity, except a joint venture, that is organized toengage in commercial transactions and that is cer-tified as being at least 51 percent owned, managedand controlled by a female.

“WSSC” or the “Commission” means the Wash-ington Suburban Sanitary Commission.

WSSC Relevant Market Area. Defined in the2015 disparity study, the relevant market area in-cludes those cities and counties in the Washington-Arlington-Alexandria, DC-VA-MD-WV metro-politan statistical area (MSA) plus Anne ArundelCounty, MD, Baltimore County, MD, CarrollCounty, MD, city of Baltimore, MD, and HowardCounty, MD.

“WSSC Supplier Portal System” (supplantedthe Centralized Bidder Registration System (CBR)on November 9, 2015) means mandatory auto-mated Web-Based Compliance System whereinthe Commission requires all prospective bidders,contractors, vendors and subcontractors that areready, willing and able to sell goods or services tothe Commission to register online in accordancewith WSSC Chapter 6.05.

“WSSC’s Web-Based Compliance System”means a web-based software application used byWSSC to track and monitor subcontractor avail-ability and utilization (i.e., “Spend” or “Pay-ments”) on WSSC-funded contracts. This systemis used to report and monitor prime contractors’compliance with WSSC’s MBE or SLBE subcon-tracting requirements. (Amended during 2019 cod-ification; REG-PROC-SD-2017-005 § III)


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6.35.040 Eligibility for the SLBE program.A. The SLMBE Office, at its sole discretion,

will approve a firm registered in WSSC’s SupplierPortal System or any successor Web-Based Com-pliance System adopted by WSSC as a SLBE inthe SLBE program upon submission of a com-pleted and verified application, including support-ing documentation, demonstrating that the appli-cant’s firm:

1. Is an independently owned and operatedfor-profit business concern that is not dominant inits field of operation, and that is performing a com-mercially useful function;

2. Meets size standard eligibility require-ments for SBEs as defined under the State ofMaryland regulations adopted by the Departmentof General Services pursuant to the State Financeand Procurement Article, § 14-203, AnnotatedCode of Maryland, or any successor provisionthereto and as reflected in this chapter, which shallbe modified as necessary to remain consistent withstate law;

3. Is an LBE as defined in WSSC 6.35.030,with a principal place of business or significantemployment presence in Prince George’s Countyor Montgomery County, Maryland;

4. Has been established for at least one yearor the principals of the business have at least threeyears of relevant experience prior to forming orjoining the business; and

5. Has not received more than $2 million inWSSC contract payments as a prime contractorand direct subcontractor in open competition fromWSSC in the year preceding the date of the appli-cation.

B. A firm must receive its SLBE approval fromthe SLMBE Office prior to submitting a bid orproposal or being included in a subcontract planpursuant to this chapter.

C. Upon receipt of the SLBE program applica-tion, the SLMBE Office shall review all enclosedapplication affidavits and documentation to makea determination as to whether the applicant suc-cessfully satisfies the SLBE eligibility require-ments as set forth in this chapter. Applicants de-termined ineligible to participate as a SLBE shallreceive a letter from the SLMBE Office stating thebasis for the denial of eligibility. Applicants de-termined ineligible shall not be eligible to submit

a new application for one calendar year from thedate of the notice of denial of eligibility. A firmwhose application for SLBE status is denied by theSLMBE Office may ask the Office to reconsiderits decision within 20 days thereof, or may file anappeal with the GM/CEO within 30 calendar daysof the last action taken by the SLMBE Office re-garding the application.

D. WSSC-approved SLBEs shall file with theSLMBE Office a completed renewal applicationevery two years, 60 calendar days prior to expi-ration of their SLBE status. At the time of filingany renewal application, a SLBE must satisfy eachof the applicable eligibility criteria set forth in thissection.

E. Any existing SLBE firms approved in accor-dance with the eligibility standards of SLBE 12-01(or successor SP), shall continue to be eligible forSLBE program participation until the expiration oftheir existing SLBE status or they have graduatedfrom the SLBE status (whichever comes first), atwhich time the firm must meet all eligibility crite-ria as stated in this chapter.

F. The SLMBE Office reserves the right to pe-riodically audit any SLBE firm with respect tothe firm’s SLBE status. Such audits may includebut are not necessarily limited to: Inspection ofthe firm’s office (i.e., field compliance), job site,contract-related records and documents, and inter-viewing of the firm’s employees, subcontractors,vendors, and customers as reasonably necessaryto ensure that all eligibility standards are satis-fied and that the integrity of the SLBE program ismaintained.

G. A firm whose SLBE eligibility has been re-voked and whose reinstatement request has beendenied by the SLMBE Office, or a SLBE applicantwhose waiver and reconsideration requests havebeen denied by the SLMBE Office, may appeal thedecision to the Chief Procurement Officer. A writ-ten notice of appeal must be received by the ChiefProcurement Officer within 30 calendar days ofthe last action taken by the SLMBE Office regard-ing its petition. The Chief Procurement Officershall respond within 60 calendar days of receipt ofthe notice of appeal. The decision shall be issuedby the Chief Procurement Officer and shall consti-tute the final decision of the Commission. (REG-PROC-SD-2017-005 § IV)



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6.35.050

6.35.060

6.35.070

6.35.080

6.35.090

6.35.100

Article II. Race- and Gender-NeutralRemedies

Applicability.The following race- and gender-neutral reme-

dies set forth in this article apply to WSSC-ap-proved SLBE firms as deemed by the SLMBEOffice. (REG-PROC-SD-2017-005 § V)

Expanded unbundling.A. WSSC, where feasible and in the best inter-

est of the Commission, shall engage in efforts tounbundle (segment or break up) large contracts tomake them more accessible to SLBEs; and

B. WSSC shall encourage prime contractors tosubcontract portions of work that they might oth-erwise perform with their own resources. (REG-PROC-SD-2017-005 § V(A))

Mentor-protege program.A. WSSC shall implement and maintain a men-

tor-protege program to further the development ofSLBEs.

B. WSSC shall develop incentives for busi-nesses to mentor SLBEs to gain experience, con-tacts and resources necessary to compete for con-tracts.

C. Any mentor-protege relationship shall bebased on a written development plan, approved byWSSC’s SLMBE Office, which sets forth the ob-jectives of the parties and their respective roles,the duration of the arrangement and the servicesand resources to be provided by the mentor to theprotege.

D. SLBEs involved in a written mentor-protegedevelopment plan must be approved in the SLBEprogram prior to entering into this developmentopportunity.

E. WSSC’s SLMBE Office shall monitor thesementor-protege relationships with the full supportof the appropriate WSSC personnel. (REG-PROC-SD-2017-005 § V(B))

Access to capital, bonding andinsurance requirements.

A. WSSC shall assist SLBEs in overcomingtheir inability to obtain bonding, insurance or fi-nancing. Commission efforts shall include, wherefeasible: simplifying these processes, reducingbonding and insurance requirements where per-

mitted by law, and eliminating the impact of suretycosts from bids.

B. WSSC, at its discretion, may waive or re-duce the bonding or insurance requirements de-pending on the type of contract and whether theCommission determines that the bonding or insur-ance requirements would deny the SLBE an op-portunity to perform the contract that the SLBEhas shown itself otherwise capable of performing.

C. WSSC shall provide assistance to SLBEsby directing firms to resources that may supportSLBEs in overcoming short- and long-term bar-riers to SLBE’s access to capital. (REG-PROC-SD-2017-005 § V(C))

Aggressive outreach.WSSC shall engage in outreach measures to as-

sist SLBEs, including the following:A. Implement information and communication

programs on contracting procedures and specificcontract opportunities;

B. Provide services to help SLBEs improvelong-term development, increase opportunities toparticipate in a variety of kinds of work and handleincreasingly significant projects;

C. Implement a supportive services program todevelop and improve immediate and long-termbusiness management, record-keeping, financialand accounting capability;

D. Establish a program to assist new start-upfirms, particularly in fields in which small busi-ness participation has historically been low;

E. Ensure distribution of a SLBE Directory,through print and electronic means;

F. Provide technical assistance and other ser-vices including developing SLBE capability to uti-lize emerging technology and conduct businessthrough electronic media;

G. Provide directions to online bid documentsavailable for download via WSSC’s Supplier Por-tal System; and

H. Develop procedures to notify SLBEs of bidopportunities, including sending notices regardingbid opportunities to various organizations andother agencies. (REG-PROC-SD-2017-005§ V(D))

Optimization of diverse businessdevelopment program (ODBDP)


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6.35.110

6.35.120

(formerly “sheltered marketprogram”).

A. Specifications.1. In this section, “solicitation” means invi-

tation to bids, request for proposals, or any othermethod or instrument used to communicate to po-tential bidders, offerors or respondents to theCommission’s needs.

2. The SLMBE Director in collaborationwith the appropriate WSSC personnel may selectthe following solicitations for inclusion and eligi-bility in the ODBDP:

a. Solicitations which have an estimatedcontract value of $1 million or less for award to aWSSC-approved SLBE; or

b. Solicitations which have an estimatedcontract value of $1 million or less for award to ajoint venture with a WSSC-approved SLBE firm.

3. Solicitations are eligible for inclusion inODBDP when the base term estimated contractvalue averages $1 million or less (formula for cal-culation: base term divided by estimated contractvalue). The Procurement Office shall make the ap-plicable contracting decisions regarding the baseterm of contracts

4. In determining whether a solicitation is el-igible for ODBDP, the SLMBE Director or de-signee with the support of the WSSC ContractingDepartment shall consider:

a. Whether there are at least three WSSC-approved SLBEs that are available and capable toparticipate in the ODBDP for this solicitation;

b. The degree of underutilization of theWSSC-approved SLBE prime contractors in thespecific industry category; and

c. The extent to which the WSSC-ap-proved SLBE prime contractor goals are beingachieved.

5. If a responsive and responsible bid or re-sponse is not received for a solicitation that hasbeen designated for ODBDP, or if the apparentlow bid is determined to be fiscally unacceptable,then the solicitation shall be removed from theODBDP and placed in the market with less restric-tive SLBE program preferences.

6. In the ODBDP, collectively, WSSC-ap-proved SLBE prime and subcontractors must re-tain 60 percent of the contract value and may notsubcontract more than 40 percent to majority sub-

contractors. This requirement does not apply tosupply contracts, licensing agreements, and dis-tributorship agreements. Any WSSC-approvedSLBE awarded a contract under this section as aprime contractor or consultant may not contractmore than 40 percent of the contract value to afirm other than other certified WSSC-approvedSLBEs. (REG-PROC-SD-2017-005 § V(E))

Small contracts rotation program.A. WSSC shall implement and maintain a small

contracts rotation program to provide an orderlyand efficient method of awarding purchases andwork, and to equitably distribute purchases andwork among qualified SLBEs.

B. Contracts may be assigned on a rotating ba-sis, except where it is otherwise determined to bein the best interest of the Commission.

C. The small contract rotation program will bewidely advertised to WSSC-approved SLBEs.WSSC may provide technical assistance and guid-ance to outside financial assistance to firms thatparticipate in the rotation.

D. In the small contract rotation program, col-lectively, WSSC-approved SLBE primes and sub-contractors must retain 60 percent of the contractvalue. This requirement does not apply to supplycontracts, licensing agreements and distributorshipagreements. Any WSSC-approved SLBE awardeda WSSC contract under this policy as a prime con-sultant/contractor shall not subcontract more than40 percent of the contract value to a firm otherthan to other certified MBEs or WSSC-approvedSLBEs. (REG-PROC-SD-2017-005 § V(F))

Supplier diversity distributor(value-added) program.

A. Agreements, contracts and decisions underthis section shall be approved by the Chief Pro-curement Officer after consultation with theSLMBE Director or designee.

B. Leveraging Intergovernmental andCooperative Agreements. In accordance withWSSC Chapter 6.15, use intergovernmental agree-ments when possible and as approved by the ChiefProcurement Officer to identify WSSC-approvedSLBE value added distributors/resellers/suppliers(local and regional) on schedules (and awardees)to negotiate pricing/quotes.



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6.35.130

6.35.140

C. Construction Direct Purchasing. For fairlysimple and routine, but labor intensive, construc-tion projects that require the purchase of only arelative few construction supply materials, theSLMBE Office in partnership with the originating(using department or end-user) department to di-rectly purchase in bulk and to warehouse or storesome, or all, of the required construction supplymaterials for all such projects, and to issue bidsolicitations that require bidder/respondent/partic-ipants to submit bids based upon labor costs only,with the selected contractor having the responsi-bility to transport required quantities of construc-tion supplies from WSSC warehouse to the jobsite, and for providing construction services as-sociated with the use, inspection or installationof WSSC construction supplies. In determiningwhether to apply this program element to a par-ticular series of contracts, the SLMBE Office willconsult and work closely with the originating de-partment and Procurement to determine the feasi-bility and cost effectiveness of bulk purchases andwarehousing of required construction supplies byWSSC, and for managing the release of appropri-ate quantities of warehoused supplies to selectedcontractors. This race- and gender-neutral elementis intended to assist local or regional SLBE primecontractors that may have difficulty obtaining pre-ferred pricing and credit from construction sup-pliers where the cost of construction supplies islargely determinative of the lowest responsiblebid.

D. Distributorship Development Program. Forthose industry segments of WSSC purchases thathave demonstrated very low availability ofWSSC-approved SLBE suppliers, WSSC-ap-proved SLBE authorized dealers/resellers, orWSSC-approved SLBE distributorships, theSLMBE Office may direct or partner with orig-inating departments to offer certain incentives tothose manufacturers and wholesale distributors ofthose goods and products that participate in thisprogram element. (REG-PROC-SD-2017-005§ V(G))

Expedited payment.A. WSSC shall implement policies and proce-

dures to ensure prompt and full payment toWSSC-approved SLBEs.

B. Prime contractors awarded WSSC contractsshall ensure the prompt and full payment of anysubcontractors working on the contract. Duringthe contract and upon completion of the contract,WSSC may request documentation to certify pay-ment to subcontractors or suppliers. All WSSCcontracts shall include a contract clause to requireprime contractors to: pay subcontractors for satis-factory performance of their contracts no later than15 days from receipt of subcontractor’s invoice onWSSC-funded contracts; and pay subcontractorsretainage within 15 days after the subcontractor’swork is satisfactorily completed. All payments todirect subcontractors must be reported and vali-dated by the prime contractor and direct subcon-tractor in WSSC’s Web-Based Compliance Systemwithin 30 days of the prime contractor being paidby WSSC.

C. A subcontractor’s work is satisfactorilycompleted when all the tasks called for in the sub-contract have been accomplished and documentedas required by the prime contractor. When a primecontractor has made an incremental acceptance ofa portion of the work of a subcontractor coveredby that acceptance, it is deemed to be satisfactorilycompleted.

D. WSSC shall establish appropriate means forenforcement, which means that this may includeappropriate penalties for failure to comply.

E. Prime contractors shall permit the Washing-ton Suburban Sanitary Commission to conduct au-dits of WSSC-funded contracts that contain SLBEsubcontracting requirements in accordance withWSSC 6.15.450. (REG-PROC-SD-2017-005§ V(H))

Subcontracting requirements.A. The SLMBE Office may, at its discretion, ei-

ther:1. Require that a predetermined percentage

of a specific contract up to 40 percent be subcon-tracted to eligible WSSC-approved SLBEs on acontract-specific basis which may utilize NAICScodes during availability analysis; or

2. Utilize some other APIs set forth herein.B. A WSSC-approved SLBE prime contractor

may not subcontract more than 49 percent of thecontract value to a non-SLBE or non-M/WBEfirm(s).


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6.35.150

6.35.160

6.35.170

C. A prospective bidder, respondent or primecontractor on a WSSC contract shall submit at thetime of bid a SLBE/MBE subcontracting and sup-plier certification (subcontracting plan) providing,at a minimum, the name of the WSSC-approvedSLBE subcontractor and describing both the per-centage of subcontracting of the contract value andthe work to be performed by the WSSC-approvedSLBE(s). (REG-PROC-SD-2017-005 § V(I))

Price preferences/pointpreferences.

A. To facilitate and encourage the participationand utilization of WSSC-approved SLBE firms inthe procurement process for purchases, a prefer-ence may apply to competitive solicitations forarchitectural and engineering, construction, goodsand services, and professional services. Thesepreferences may be applied to WSSC contractsvalued at various thresholds.

B. The preference provides for the utilization ofadditional points in the evaluation of proposals andthe utilization of a preference percentage reductionin price for bids. The preferences are as follows:

1. Preference Points for Request forProposals (RFP). Note: The SLMBE Director mayconsider granting a point preference to a qualified,WSSC-approved SLBE firm. The number of eligi-ble preference points for a proposal submitted by aWSSC-approved SLBE in response to a RFP shallnot exceed 10 points of the total evaluation points.

If a WSSC-approved SLBE firm is awarded acontract with the application of this preference col-lectively, WSSC-approved SLBE primes and sub-contractors must retain 60 percent of the contractvalue. This requirement does not apply to supplycontracts, licensing agreements and distributorshipagreements.

This preference is subject to reduction if theWSSC-approved SLBE proposes to joint ventureor subcontract with a non-SLBE firm(s).

2. Preference Price Reduction for Invitationfor Bids (IFB). Note: The preference price reduc-tion for a WSSC-approved SLBE firm bidding as aprime shall not exceed 10 percent. Application ofthis preference is applied when bids are receivedand evaluated.

This price reduction is subject to a limitationif the WSSC-approved SLBE proposes to jointventure or subcontract with a non-SLBE firm(s).

If a WSSC-approved SLBE firm is awardeda contract with the application of this preference,collectively, WSSC-approved SLBE primes andsubcontractors must retain 60 percent of the con-tract value. This requirement does not apply tosupply contracts, licensing agreements and distrib-utorship agreements.

C. A preference price reduction may beawarded to a non-SLBE prime contractor that sub-contracts with a WSSC-approved SLBE or pro-poses to joint venture with a WSSC-approvedSLBE firm(s); the preference price reduction maybe equal to 10 percent of the amount subcon-tracted. (Example: If a non-SLBE prime contractorsubcontracts 25 percent of the contract value to aWSSC-approved SLBE, the prime contractor willbe eligible for a two-and-one-half percent reduc-tion in its bid price.) (REG-PROC-SD-2017-005§ V(J))

Bid debriefings.WSSC shall offer debriefing sessions to unsuc-

cessful bidders or respondents to RFPs. The ses-sions should be published on WSSC’s SupplierPortal System or any successor Web-Based Com-pliance System thereto, and included in the noticeof intent to award to unsuccessful bidders or re-spondents. WSSC shall make proposal and state-ment of qualification standards of the successfulbidder/respondents available upon request. De-briefings are conducted at the request of the sup-plier after the issuance of the notice to proceedand in response to a written request submitted tothe Chief Procurement Officer or designee (REG-PROC-SD-2017-005 § V(K))

Monitoring, tracking andreporting of program andcontracting activities.

WSSC shall:A. Implement procedures to review, analyze

and monitor procurement and contracting require-ments, bid procedures, terms and conditions, andcontract and purchase awards to determine the ex-tent WSSC is soliciting WSSC-approved SLBEs,and which SLBEs are being provided with the op-portunity to engage in procurement and contract-ing with WSSC.

B. Ensure compliance with SLBE program pol-icy.



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6.35.180

6.35.190

6.35.200

C. Create and maintain a database and recordson SLBE participation on all WSSC projects.

This includes keeping records of SLBE utiliza-tion by WSSC on contracting and procurement,procurement of commodities, and emergency con-tracting and procurement.

D. Provide an overall evaluation of the effec-tiveness of the race-, ethnic-, and gender-neutralmeasures on an annual (fiscal year) basis. WSSCshall implement appropriate changes to the mea-sures and programs based on the results. (REG-PROC-SD-2017-005 § V(L))

Prohibition of discrimination.WSSC shall establish policies and procedures

and adopt regulations to prohibit discriminationin the provision of credit or bonding regardingWSSC contracts and with respect to contractingand procurement by contractors who do businesswith WSSC. WSSC shall enforce anti-discrimina-tion policies, legislation and law, implement andmaintain procedures for WSSC-approved SLBEs,or any other firm, to notify WSSC if the SLBE (orfirm) believes a prime contractor or WSSC is dis-criminating under guidelines set forth in state lawin the award of contracts or procurement. (REG-PROC-SD-2017-005 § V(M))

Article III. Program Administration

SLBE approval.A. The SLMBE Office shall verify, at the time

of bid either as a prime or subcontractor, entitiesthat claim to be WSSC-approved SLBEs in theWSSC SLBE program.

B. The SLMBE Office may conduct an auditof the initial application, supplemental documen-tation or by conducting an on-site visit(s) or fieldvisit pre- or post-award of a WSSC-funded con-tract.

C. As required by WSSC Chapter 6.05, allfirms registered in WSSC’s Supplier Portal Sys-tem or any successor Web-Based Compliance Sys-tem thereto shall provide their SLBE status whenregistering in WSSC’s Supplier Portal System orany successor Web-Based Compliance Systemthereto and shall be responsible for the ongoing ac-curacy of that status.

D. The SLMBE Office reserves the right to re-voke SLBE eligibility of any firm that has been

determined to have violated the requirements ofthis chapter or those of a comparable program ofanother government agency. WSSC reserves theright to deny the SLBE application of any firm thathas been determined to have committed such a vi-olation. (REG-PROC-SD-2017-005 § VI(A))

Graduation.A. The SLMBE Office shall be responsible for

determining when SLBE firms no longer requirethe preferences provided by this chapter andshould, as a result, graduate from the SLBE pro-gram. The SLMBE Office shall ensure thatWSSC’s Supplier Portal System or any successorWeb-Based Compliance System thereto accuratelyand timely reflects the graduation of SLBE firms.Nevertheless, the risk that a firm’s SLBE statusis inaccurately stated in WSSC’s Supplier PortalSystem or any successor Web-Based ComplianceSystem thereto shall be borne by any bidder or re-spondent to an IFB or RFP.

B. A SLBE firm shall graduate from the SLBEprogram whenever the firm has received a cumu-lative total in prime or subcontract payments of ei-ther: (1) $10 million for WSSC architecture andengineering, goods and services and professionalservices contracts; or (2) $14 million for WSSCconstruction contracts or subcontracts since thefirm’s initial approval as a SLBE firm.

C. The SLMBE Office shall annually evaluateeach SLBE firm receiving contract payments fromWSSC to determine whether the firm has gradu-ated based on these standards.

D. A SLBE firm’s graduation, pursuant to thissection, shall have no effect on any contract en-tered into by the firm and the Commission whenthe firm was qualified to participate in the API es-tablished in this chapter.

E. The SLMBE Office will provide written no-tice to the SLBE upon graduation from the SLBEprogram, and therein state the reasons for suchgraduation.

F. Petition for Reinstatement. During the threeyears after graduating pursuant to subsection B ofthis section, a graduated SLBE firm may petitionfor reinstatement providing the SLBE firm meetsthe eligibility requirements set forth in WSSC6.35.040. The petition shall include (but need notbe limited to) all documents and records relating tothe SLBE’s unsuccessful efforts during the three-


6-70


6.35.210

6.35.220

6.35.230

year period to obtain Commission contracts (in-cluding internal documents, which may be submit-ted under seal) and the firm’s detailed explanationregarding why its bids or proposals were unsuc-cessful. (REG-PROC-SD-2017-005 § VI(B))

Termination.A. A SLBE firm’s SLBE eligibility may be per-

manently revoked by the SLMBE Office if thefirm fails to perform a commercially useful func-tion under a contract, or if the firm allows itsSLBE status to be fraudulently used for the benefitof a non-SLBE firm (i.e., a firm that lacks the sizeor geographic requirements for SLBE eligibility)or the owners of a non-SLBE firm so as to providethe non-SLBE firm or firm owners benefits fromAPIs for which the non-SLBE firm and its ownerswould not otherwise be entitled.

B. The SLMBE Office will provide written no-tice to the SLBE upon termination from the SLBEprogram, and state therein the reasons for such ter-mination. (REG-PROC-SD-2017-005 § VI(C))

Reconsideration –Appeals.A SLBE firm whose petition for reinstatement

after graduating or being terminated is dismissedor denied by the SLMBE Office may ask the Of-fice to reconsider its decision within 20 businessdays thereof, or may file an appeal with the ChiefProcurement Officer within 30 business days ofthe last action taken by the SLMBE Office re-garding its petition. The Chief Procurement Offi-cer shall respond within 60 calendar days of thereceipt of the notice of appeal. The decision shallbe issued by the Chief Procurement Officer andshall constitute the final decision of the Commis-sion. (REG-PROC-SD-2017-005 § VI(D))

Requests for waiver ormodification to subcontractingplan(s).

A. Pre-Award. A bidder or respondent may re-quest a full or partial waiver of a SLBE subcon-tracting requirement by submitting theMBE/SLBE unavailability form with the appropri-ate documentation contained in the solicitation andwritten request with appropriate documentation.Bidders and respondents are required to submitthe MBE/SLBE unavailability form and the re-quired supporting documentation simultaneously

with bid or proposal submission, if the bidder orrespondent is unable to obtain a WSSC-approvedSLBE firm or meet the minimum SLBE partic-ipation subcontracting requirement and presentsadequate evidence of its good faith efforts, as de-fined in WSSC 6.35.260, to meet the subcontract-ing requirement. All subcontractors (SLBE andmajority subcontracting firms) must be approvedby WSSC’s SLMBE Office and all subcontracting(SLBE and majority subcontracting firms) mustbe reported to WSSC via the WSSC Web-BasedCompliance System.

B. Post-Award. A prime contractor shallpromptly request in writing a full or partial waiverof the SLBE subcontracting requirement as soonas reasonably possible (timely manner) after theprime contractor becomes aware that it will beunable to comply with an approved SLBE/MBEsubcontracting and supplier certification (subcon-tracting plan). The written request shall detail theprime contractor’s good faith efforts to executethe SLBE/MBE subcontracting and supplier cer-tification (subcontracting plan) and shall includea revised SLBE/MBE subcontracting and suppliercertification (subcontracting plan) and documen-tation of the prime’s good faith efforts. A primeis required to notify and obtain written approvalfrom the SLMBE Office in advance of any reduc-tion in subcontract scope, termination, substitutionor any other changes for a designated SLBE sub-contractor and accompanied by supporting docu-mentation. All subcontractors (SLBE, MBE andmajority subcontracting firms) must be approvedby WSSC’s SLMBE Office and all subcontracting(SLBE, MBE and majority subcontracting firms)must be reported to WSSC via the WSSC Web-Based Compliance System.

C. Procedure. All waiver requests shall be inwriting and shall be submitted to the SLMBE Of-fice and to the Procurement Office for resolutionby the SLMBE Director. Should the SLMBE Di-rector determine that the bidder, respondent orprime contractor has demonstrated good faith ef-forts, then the waiver may be granted. If the waiveris denied, the Chief Procurement Officer shall re-spond within 60 calendar days of the receipt of anynotice of appeal to a waiver request. The decisionshall be issued by the Chief Procurement Officer



6-71

6.35.240

and shall constitute the final decision of the Com-mission.

D. A bidder, respondent or prime contractormay request a full or partial waiver of this sub-contracting requirement from the SLMBE Officefor good cause by submitting in writing the reasonfor this inability to satisfy the SLBE subcontract-ing requirement to the SLMBE Office at the timeof bid, along with a written waiver request out-lining the good cause and good faith efforts em-ployed by the bidder, respondent and prime con-tractor to satisfy the minimum SLBE subcontract-ing requirements. Under no circumstances shall awaiver of a subcontracting requirement be grantedwithout submission of adequate documentation ofgood faith efforts as defined in this chapter by thebidder, respondent and prime contractor and care-ful review by the SLMBE Office. The SLMBE Of-fice shall base its determination, at a minimum, ona waiver request on the following criteria:

1. The requestor has made good faith effortsto subcontract with qualified and available SLBEs;

2. Subcontracting would be inappropriate ornot provide a commercially useful function underthe circumstances of the contract;

3. The requestor sought assistance from theSLMBE Office in satisfying the requirement;

4. The requestor utilized WSSC’s SupplierPortal System or any successor Web-Based Com-pliance System thereto;

5. There are no WSSC-approved SLBE firmsthat are qualified and available to provide thegoods or services required;

6. In the absence of a waiver granted by theSLMBE Office, failure of a bidder or respondentto commit in its bid or proposal to satisfying theSLBE subcontracting requirement may render itsbid or proposal nonresponsive; and

7. In the absence of a waiver granted by theSLMBE Office, failure of a prime contractor toattain the specified SLBE subcontracting require-ment stated in the contract for SLBE participationin the performance of its contract shall be groundsfor termination of existing contracts with WSSC,debarment from performing future WSSC con-tracts, or any other remedies available under theterms and conditions (or general conditions) of itscontract with WSSC or under the law. A primecontractor’s failure to be in compliance with

WSSC’s SLBE program shall impact their poten-tial for future contracts with the Commission, asdetermined by the Chief Procurement Officer.(REG-PROC-SD-2017-005 § VI(E))

SLBE prime and subcontracting –Enforcement and compliance.

A. The SLMBE Office shall ensure adherenceto this chapter by Commission employees andSLBEs.

B. The SLMBE Office shall verify that a primecontractor has submitted the SLBE/MBE subcon-tracting and supplier certification (subcontractingplan) before the notice to proceed (NTP) is issuedon a contract and, if applicable, the contract’s op-tion term(s).

C. To ensure compliance with contract-specificSLBE subcontracting requirements, the SLMBEOffice shall verify that the WSSC-approved SLBElisted in the approved SLBE/MBE subcontractingand supplier certification plan (subcontractingplan) is actually performing work and receivingcompensation as set forth in the plan.

D. Requests for waiver of approvedSLBE/MBE subcontracting and supplier certifica-tion plan (subcontracting plan) shall be filed andresolved in accordance with WSSC 6.35.230.

E. Failure of a prime contractor to make goodfaith efforts to comply with an approvedSLBE/MBE subcontracting and supplier certifica-tion plan (subcontracting plan) may, absent unin-tentional, accidental or otherwise justifiable exten-uating circumstances, constitute either willful orintentional failure to perform in accordance withthe requirements of the SLBE/MBE subcontract-ing and supplier certification plan (subcontractingplan), or willful or intentional action to frustratethe plan. The SLMBE Office shall determinewhether the prime contractor’s failure to makegood faith efforts was willful or intentional basedon all relevant facts, circumstances and informa-tion presented or available to the Office and shallthen determine whether enforcement action shouldbe taken in a particular case.

F. Upon determining that a prime contractorhas failed to comply with an approved SLBE/MBEsubcontracting and supplier certification plan(subcontracting plan), the SLMBE Office shall no-tify the Procurement Office, which will notify theprime contractor in writing of its findings and shall


6-72


6.35.250

specify what corrective actions are required. Theprime contractor is required to initiate the correc-tive actions within 10 days of receipt of notice andcomplete them within the time specified in the no-tice. The correction actions shall be recommendedby the SLMBE Office and implemented and issuedto the contractor by the Chief Procurement Officer.

G. If the SLMBE Office determines that mater-ial noncompliance with SLBE contract provisionsexists and that the prime contractor refuses or failsto take the corrective action required in the Pro-curement Office’s notice, then the following sanc-tions may be invoked by the Chief ProcurementOfficer:

1. Withhold payment to the prime contractor;2. Suspension of the contract;3. Referral to the General Counsel’s Office

for appropriate action;4. Termination of the contract; or5. Initiation of any other specific remedy

identified by contract, this chapter or other applic-able law or regulation.

H. Unless the SLMBE Director grants a partialor complete waiver of the contract-specific sub-contracting requirement from the SLMBE Office,failure on the part of any bidder to commit to at-tainment of a contract-specific subcontracting re-quirement shall render a bid nonresponsive. Fur-thermore, disclosure of subcontractor informationis a material specification in the bid, and failure toprovide such information shall render a bid nonre-sponsive.

I. Absent a waiver, a prime contractor’s failureto reach the required level of WSSC-approvedSLBE subcontracting shall be considered a mate-rial breach of contract. No final payment on theprime contract shall be released to the prime con-tractor, and no new WSSC contracts should be is-sued to the prime contractor until the audit of pre-vious subcontract payments is complete and pay-ments are determined to comply with contractspecifications.

J. The SLMBE Office, in collaboration with theProcurement Office, Contracting Manager (CM)(or Administrating Contract Manager (ACM)),may initiate the noncompliance with the primecontractor via the Procurement Office for correc-tive action, as outlined in WSSC’s Contract Termsand Conditions.

K. The SLMBE Office may use any other com-pliance mechanisms authorized by the contract, orby Commission regulation.

L. The SLMBE Office, in conjunction with ap-propriate WSSC personnel, may, upon completionof a contract, and before final payment is made, re-quire that a prime contractor on any contract hav-ing a contract-specific SLBE subcontracting re-quirement to:

1. Submit a final report, in affidavit form andunder penalty of perjury, of all payments made to,or withheld from, SLBE subcontractors;

2. Allow the SLMBE Office to inspect anyrelevant matter, including job site records of thecontractor;

3. Allow the SLMBE Office to interviewsubcontractors and employees of the contractor;

4. For construction contracts, ensure thatsubcontractors (a) are paid any undisputed amountto which the subcontractor is entitled as providedunder the State Finance and Procurement Article,§ 15-226, Annotated Code of Maryland; and (b)comply with the Commission regulations; and

5. Include in the agreement with the WSSC-approved SLBE subcontractor a requirement thatthe subcontractor submit a monthly report to theCommission as required by the contract throughthe WSSC’s Web-Based Compliance System orany successor system thereto.

6. Notice of this requirement shall be in-cluded in the IFB or RFP.

M. WSSC shall establish and implement sub-contractor substitution standards to prevent primecontractors from listing subcontractors on bid doc-uments without utilizing their services. Substitu-tion of a listed subcontractor in furtherance of bidshopping before or after the award of the primecontract is prohibited.

N. Any enforcement action taken by WSSCpursuant to WSSC 6.35.220 shall be subject tothe internal appeals process and procedures pro-vided for in WSSC Chapter 6.15 (and any subse-quent manual or regulation thereto). (REG-PROC-SD-2017-005 § VI(F))

Post-award contract compliancemonitoring.

WSSC shall establish a system to monitormonthly contract compliance to ensure that theprime contract award and subcontractor participa-



6-73


6.35.260

tion listed in bids, proposals, and statements ofqualification is achieved throughout the durationof a contract; all subcontractors (SLBE, MBE andmajority subcontracting firms) must be approvedby WSSC’s SLMBE Office and all subcontracting(SLBE, MBE and majority subcontracting firms)must be reported to WSSC via the WSSC Web-Based Compliance System. The system shall:

A. Track and report subcontractor utilization inan electronic database;

B. Initiate noncompliance notification; andC. Collect copies of the canceled checks (be-

fore closeout of contracts with signed affidavitsfrom prime contractors) written to subcontractorsin order to verify payment information, if required.(REG-PROC-SD-2017-005 § VI(G))

Good faith efforts.Good faith efforts require bidders, respondents

and prime contractors to make and demonstrate aneffort to provide subcontracting opportunities toWSSC-approved SLBE firms pre- and post-awardon WSSC-funded contracts. The bidder, respon-dent or prime contractor is required to contactWSSC-approved SLBE firms at the time the con-tract is solicited for bid. Good faith efforts to con-tact and work with WSSC-approved SLBE firmsmust be documented to the Commission. Thisgood faith effort must continue throughout the lifeof the contract, if awarded. Sustained good faithefforts should be made with the intention of pro-ducing desired or required results. Good faith ef-forts do not necessarily include due diligence. Thegood faith efforts of the bidders’, respondents’ andprimes’ intent to comply with the SLBE subcon-tracting requirement and evaluation of that intentbased on a review of, but not limited to, all of thefollowing:

A. Provide a copy of the advertisement(s) in lo-cal or trade publications and the services that theyare attempting to subcontract. This effort wouldneed to be made well in advance of pre-bid meet-ings, and at the very least, well before the bid orproposal due date.

B. Provide a list of SLBE firms that were con-tacted. There should also be a statement regardingwhat type of contact was made with each firm andwhy these firms were not suitable to service thisproject.

C. Provide the list of opportunities that theprime contractor (bidder, respondent or proposer)had in regards to the portion of the project theyintended to subcontract out. What areas would bebetter served by an entity that may have special-ized services (i.e., trucking, paving, special sup-plies, electrical engineering or asbestos abate-ment).

D. Submit a copy of information that was for-warded to the list of potential subcontractingfirms. This step is to illustrate that adequate infor-mation was provided to firms that were contacted.

E. Provide evidence that no bid was rejectedwithout a sound reason. This can be addressed ad-equately by complying with requirements in sub-sections B and C of this section.

F. Demonstrate attempts were made to assist in-terested SLBE firms with obtaining bonding or in-surance that the bidder/respondent/proposer maymake as a requirement of the SLBE firm to sub-contract.

G. Demonstrate that they (prime contractor-bidder, respondent or proposer) utilized the ser-vices of the SLMBE Office and WSSC’s SupplierPortal System or any successor Web-Based Com-pliance System thereto, or one of the certifyingagencies recognized by WSSC in establishing theinitial contact list. Provide a copy of the informa-tion that was furnished by these agencies and wasused in contacting bidders or respondents.

H. Provide the list of SLBE firms that were in-vited to bid on subcontract work, but were notavailable to work.

I. Provide the list of SLBE firms that were in-vited to bid on subcontract work, but did not re-spond to the IFB.

J. Provide the list of SLBE firms that submittedbids which were not the low acceptable bid or fis-cally sound according to the bidder, respondent orprime contractor’s contracting policies.

K. Demonstrate that the bidder or respondentselected portions of the work that could be per-formed by SLBE firms in order to increase thelikelihood of meeting the subcontracting require-ments (including, where applicable, breakingdown the contract work into economically feasibleunits to facilitate subcontractor participation).

L. Provide documentation that SLBE firmswere invited, where appropriate, to meetings/con-


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6.35.270

6.35.280

6.35.290

6.35.300

ferences to inform them of subcontracting oppor-tunities.

M. Provide documentation of written notice, toa reasonable number of specific SLBE firms, ofthe bidder’s or respondent’s interest in the contractthat is being solicited, in sufficient time in order toallow SLBE firms to participate effectively. (REG-PROC-SD-2017-005 § VI(H))

SLBE program performancereview.

A. The SLMBE Director or designee shallmonitor the implementation of this policy and theprogress of this program.

B. On at least an annual basis, the Director ordesignee shall report to WSSC on the progressof achieving the goals established for awards/pay-ments to SLBE firms, reporting both dollarsawarded and expended.

C. The SLMBE Office Director or designeeshall report on the progress in achieving the statedprogram objectives, including, but not limited to,enhancing competition, establishing and buildingnew business capacity, and removing barriers andeliminating disparities in the utilization of avail-able small local business enterprises, minoritybusiness enterprises and women business enter-prises on WSSC contracts.

D. WSSC shall review the eligibility and ad-ministrative procedures of the program each yearto assess its effectiveness in furthering the pur-poses of the program. (REG-PROC-SD-2017-005§ VI(I))

Severability.If any section, paragraph, sentence, clause,

phrase or word of this chapter is, for any reason,held by a court of competent jurisdiction to be un-constitutional, invalid, inoperative or void, suchholding shall not affect the legality or validity ofany other section, paragraph, sentence, clause,phrase or word of this chapter. (REG-PROC-SD-2017-005 § VI(J))

Regulatory status.This chapter shall constitute a “regulation”

within the meaning of the Public Utilities Article,§ 17-403, Annotated Code of Maryland, and shallbe enacted in accordance with the requirements ofthe Public Utilities Article, § 17-403, Annotated

Code of Maryland. Any revisions, modificationsor amendments of or to this chapter shall alsobe enacted in accordance with the Public UtilitiesArticle, § 17-403, Annotated Code of Maryland,or any successor provision thereto. (REG-PROC-SD-2017-005 § VI(K))

Applicability.For any WSSC contract to be awarded pursuant

to an IFB, RFP, or request for bid/quotation, thischapter shall apply only to a contract with the as-sociated IFB, RFP or other request disseminated tothe public on or after the effective date of the stan-dard procedure codified in this chapter, as indi-cated above. (REG-PROC-SD-2017-005 § VI(L))



6-75




Title 7

(RESERVED)

7-1

Title 8

(RESERVED)

8-1

9.309.165

9.1709.180

Title 9

HUMAN RESOURCES MANAGEMENT

Chapters:

Subtitle I. Personnel Management

Comprehensive Whistleblower ProtectionUtility Worker Trainee Certification Program

Subtitle II. Recruitment and Hiring

Background InvestigationsEmployment Procedures

9-1

9.30.0109.30.0209.30.0309.30.040

9.30.050

9.30.0609.30.0709.30.080

9.30.090

9.30.100

9.30.1109.30.1209.30.130

9.30.140

9.30.150

9.30.010

9.30.020

9.30.030

9.30.040

9.30.050

9.30.060

9.30.070

Subtitle I. Personnel Management

Chapter 9.30

COMPREHENSIVE WHISTLEBLOWERPROTECTION

Sections:Purpose.Applicability.Effect of regulation.Written notice of protections andremedies.Disclosure of information – Reprisalprohibited.Protected disclosures.Election of procedures.Representation, finality of decision,and resolution of complaints.Procedure for filing an internalcomplaint – Remedial actions.Grievance proceeding (alternative tofiling a written, internal complaint).Appeals.Costs and attorney’s fees.Referral of suspected criminalconduct.Disclosure of protected informationto Attorney General.Confidentiality.

Purpose.The purpose of this chapter is to establish com-

prehensive Washington Suburban Sanitary Com-mission (WSSC) employee whistleblower protec-tions and remedies. (HR Policy 3:18 § I, datedOctober 1, 2010)

Applicability.This chapter applies to all WSSC employees

who disclose wrongdoing occurring within theWSSC as defined in WSSC 9.30.050. (HR Policy3:18 § II, dated October 1, 2010)

Effect of regulation.A. Effect on Legal Actions. The regulation cod-

ified in this chapter does not preclude an action fordefamation or invasion of privacy.

B. Effect on Personnel Actions. This chapterdoes not prohibit a personnel action that would

have been taken, regardless of a disclosure of in-formation. (HR Policy 3:18 § III, dated October 1,2010)

Written notice of protections andremedies.

The Human Resources Director shall provide allWSSC employees with written notice of the pro-tections and remedies provided by this whistle-blower regulation. (HR Policy 3:18 § IV, datedOctober 1, 2010)

Disclosure of information –Reprisal prohibited.

Subject to the limitations of WSSC 9.30.060,a WSSC manager or supervisor may not take orrefuse to take any personnel action as a reprisalagainst an employee who:

A. Discloses information that the employeereasonably believes evidences:

1. An abuse of authority, gross mismanage-ment, or gross waste of money;

2. A substantial and specific danger to publichealth and safety; or

3. A violation of law; orB. Following a disclosure under subsection A

of this section, seeks a remedy provided underthis chapter or any other law governing the WSSCemployee. (HR Policy 3:18 § V, dated October 1,2010)

Protected disclosures.WSSC 9.30.050 applies to a disclosure that is

specifically prohibited by law only if that disclo-sure is made exclusively to the Attorney Generalin the manner set forth in WSSC 9.30.140. (HRPolicy 3:18 § VI, dated October 1, 2010)

Election of procedures.An employee who seeks relief for a violation

of WSSC 9.30.050 may elect to file either a com-plaint as discussed in WSSC 9.30.080 and9.30.090, or a grievance as described in WSSC9.30.100. (HR Policy 3:18 § VII, dated October 1,2010)



9-3

9.30.080

9.30.090

Representation, finality ofdecision, and resolution ofcomplaints.

A. Representation.1. An employee who files a complaint pur-

suant to WSSC 9.30.090(A) (the “complainant”)may be represented during the complaint processby any person the employee chooses.

2. Any party to the complaint process may berepresented by counsel at the hearing described inWSSC 9.30.110(B).

B. Finality of Decision.1. If a complainant fails to appeal a decision

in accordance with WSSC 9.30.110, the com-plainant is considered to have accepted the deci-sion.

2. A failure to decide a complaint in accor-dance with WSSC 9.30.090 is considered a denialof the complaint, which may be appealed.

C. Resolution of Complaints. Each party to acomplaint shall make every effort to resolve thecomplaint prior to filing a written complaint pur-suant to WSSC 9.30.090(A). (HR Policy 3:18§ VIII, dated October 1, 2010)

Procedure for filing an internalcomplaint – Remedial actions.

A. Who May File, Time Requirements, andContent of Complaint.

1. The WSSC employee may file a writtencomplaint with the WSSC’s General Man-ager/Chief Executive Officer (CEO) or designee.The complaint shall be filed as soon as possible,but no later than six months after the complainantfirst knew of or reasonably should have knownof the act that allegedly violated WSSC 9.30.050.The complaint shall include the following infor-mation:

a. Name, telephone number, and home ad-dress of complainant;

b. Name, and business address, if known,of the WSSC employee against whom the com-plaint is made;

c. Date or dates of alleged unlawful per-sonnel actions;

d. A statement of the facts which are thebasis for the complaint;

e. A statement detailing the disclosure ofinformation pursuant to WSSC 9.30.050(A), andwhen and to whom the disclosure was made;

f. Signature of the complainant; andg. Date the complaint is filed.

2. If the complainant is an employee in theGeneral Manager/CEO’s Office, the employeemay file the complaint with WSSC’s Commission-ers through the Corporate Secretary’s Office.

B. Notice of Complaint and Response. When acomplaint is received, the General Manager/CEOor designee shall promptly:

1. Send a copy of the complaint to the su-pervisor or manager of the employee named in thecomplaint; and

2. Advise the supervisor or manager to pro-vide the General Manager/CEO or designee with awritten response to the complaint within 20 daysafter receiving the copy.

C. Investigation, Action Upon Complaint, andWritten Decision. Within 60 days after a complaintis received, the General Manager/CEO or designeeshall investigate the complaint to determinewhether a violation of WSSC 9.30.050 has oc-curred.

D. Disposition by the General Manager/CEO.1. If the General Manager/CEO or designee

determines that a violation of WSSC 9.30.050 hasnot occurred, the General Manager/CEO or de-signee shall dismiss the complaint as soon as prac-tical after making that determination.

2. If the General Manager/CEO or designeedetermines that a violation of WSSC 9.30.050 hasoccurred, then the General Manager/CEO or de-signee, as soon as practical after making that de-termination, shall:

a. Issue to the complainant and the appro-priate supervisor or manager a written final deci-sion setting forth the basis for the General Man-ager/CEO’s or designee’s determination thatWSSC 9.30.050 has been violated; and

b. Take the appropriate remedial actionstated in subsection E of this section.

E. Permissible Remedial Actions. As a reme-dial action for a violation of WSSC 9.30.050, theGeneral Manager/CEO or its designee may:

1. Order the removal of any related detri-mental information from the employee’s record;

2. Hire, promote, or reinstate the employeeor discontinue the employee’s suspension fromemployment;

9.30.080 COMPREHENSIVE WHISTLEBLOWER PROTECTION

9-4


9.30.100

9.30.110

3. Award the complainant back pay to theday of the termination/suspension;

4. Grant the complainant leave or seniority;5. Take appropriate disciplinary action

against any WSSC employee who caused the vio-lation; and

6. Take any other remedial action consistentwith the purpose of this chapter. (HR Policy 3:18§ IX, dated October 1, 2010)

Grievance proceeding (alternativeto filing a written, internalcomplaint).

A. Informal Discussion. Before initiating agrievance procedure, a WSSC employee (the“grievant”) shall present the matter orally to theemployee’s supervisor or manager for informaldiscussion and final resolution, if possible.

B. Step One: Initiation of GrievanceProceeding.

1. Initiation. If the informal discussion insubsection A of this section fails, a grievant mayinitiate a grievance proceeding by filing a writtengrievance with the grievant’s supervisor or man-ager. The grievant may be represented during thegrievance process by any person the employeechooses.

2. Time Limitations. The grievant must ini-tiate a grievance procedure within 20 days aftergrievant first knew of or reasonably should haveknown of the act that allegedly violated WSSC9.30.050.

3. Conference. Within 10 days after receiv-ing a grievance, the supervisor or manager shallhold a conference with the grievant to attempt toresolve the grievance.

4. Decision and Grant of Remedy. Within 20days after the conference, the supervisor or man-agers shall issue a written decision to the grievantand may grant any appropriate remedy under sub-section E of this section.

C. Step Two: Appeal to Team Chief.1. In General.

a. Within 10 days after receiving a deci-sion under subsection B of this section, a grievantor a grievant’s representative may appeal the de-cision in writing to the employee’s Team Chief ordesignee.

b. An appeal shall include a copy of thewritten decision being appealed.

2. Duty of Team Chief. Within 10 days afterreceiving an appeal, the Team Chief shall:

a. Review the grievance record; andb. Confer with the grievant to attempt to

resolve the grievance.3. Decision and Grant of Remedy. Within 10

days after the conference, the Team Chief shallissue a written decision to the grievant and maygrant any appropriate remedy under subsection Eof this section.

D. Step Three: Appeal to the GeneralManager/CEO.

1. In General.a. Within 10 days after receiving a deci-

sion under subsection C of this section, a grievantor a grievant’s representative may appeal the deci-sion in writing to the General Manager/CEO.

b. An appeal shall include a copy of thedecision being appealed and any prior decisions.

2. Duty of General Manager/CEO. Within 30days after an appeal is received, the General Man-ager/CEO or designee shall:

a. Review the grievance record; andb. Issue a formal decision on the griev-

ance.E. Remedies Available to Grievants. The reme-

dies available to a grievant are limited to restora-tion of the rights, back pay, status, or benefits towhich the grievant would have been entitled if noreprisal in violation of WSSC 9.30.050 had oc-curred. (HR Policy 3:18 § X, dated October 1,2010)

Appeals.A. When Permitted. A complainant or grievant

may appeal to the Office of Administrative Hear-ings (OAH) within 10 days after receiving a for-mal decision from the General Manager/CEO ordesignee under WSSC 9.30.090 or 9.30.100.

B. Hearings.1. The OAH shall conduct a hearing on each

appeal in accordance with the State GovernmentArticle, Title 10, Subtitle 2, Annotated Code ofMaryland. The OAH is bound by any regulation,declaratory ruling, prior adjudication, or other set-tled, preexisting policy, to the same extent as theWSSC is or would have been bound if WSSC werehearing the case or appeal.

2. A record that is protected from disclosureunder the State Government Article, Title 10, Sub-



9-5

9.30.120

9.30.130

9.30.140

9.30.150

title 6, Annotated Code of Maryland, may be usedas evidence in an OAH hearing only if:

a. The material is essential to the conductof the hearing; and

b. Names and other identifying informa-tion are deleted to the extent necessary to maintainconfidentiality.

3. The confidentiality of records and infor-mation protected from disclosure under the StateGovernment Article, Title 10, Subtitle 6, Anno-tated Code of Maryland, shall be maintained ineach hearing.

C. Decision – Finality.1. Within 45 days after the close of the hear-

ing record, the OAH shall issue to the parties awritten decision and may grant any appropriate re-lief under subsection D of this section.

2. The OAH decision is final.D. Relief Available. A complainant or grievant

who prevails at a hearing pursuant to this sectionmay be awarded any appropriate relief, including:

1. Any remedial action allowed under WSSC9.30.090(E) and 9.30.100(E); and

2. Costs of litigation and reasonable attor-ney’s fees.

E. Judicial Review. A complainant, grievant orWSSC may appeal the final decision issued undersubsection C of this section in accordance with theState Government Article, § 10-222, AnnotatedCode of Maryland. (HR Policy 3:18 § XI, datedOctober 1, 2010)

Costs and attorney’s fees.After reviewing a final decision under this chap-

ter the court may award costs of litigation and rea-sonable attorney’s fees to a prevailing complainantor grievant and any other appropriate relief. (HRPolicy 3:18 § XII, dated October 1, 2010)

Referral of suspected criminalconduct.

If, during an investigation under WSSC9.30.090 or 9.30.100, the General Manager/CEOor designee finds that reasonable grounds exist tobelieve that a crime has been committed, the Gen-eral Manager/CEO or designee shall:

A. Promptly refer the matter to an appropriateprosecutor;

B. Make all pertinent evidence available to theprosecutor; and

C. Send to the employee believed to have com-mitted the crime a notice that:

1. States the alleged criminal violation;2. Notifies the employee that the matter has

been referred to a prosecutor;3. Advises the employee of the employee’s

right to obtain counsel; and4. Advises the employee of the employee’s

right to refuse to respond to the allegation if a re-sponse might be incriminating. (HR Policy 3:18§ XIII, dated October 1, 2010)

Disclosure of protectedinformation to Attorney General.

For purposes of this section, the Attorney Gen-eral shall:

A. Designate an assistant Attorney General toreceive from complainants and grievants any in-formation the disclosure of which is otherwise pro-tected by law;

B. Investigate each allegation of illegality orimpropriety; and

C. Take appropriate legal action. (HR Policy3:18 § XIV, dated October 1, 2010)

Confidentiality.Information obtained as part of an investigation

conducted pursuant to this chapter is confidentialwithin the meaning of the State Government Arti-cle, Title 10, Subtitle 6, Annotated Code of Mary-land. (HR Policy 3:18 § XV, dated October 1,2010)

9.30.120 COMPREHENSIVE WHISTLEBLOWER PROTECTION

9-6



9.165.0109.165.0209.165.030

9.165.010

9.165.020

9.165.030

Chapter 9.165

UTILITY WORKER TRAINEECERTIFICATION PROGRAM

Sections:Purpose.Responsibility.Procedure.

Purpose.Provide classroom and on-the-job training to

prepare the utility worker trainee to perform main-tenance tasks in the repair and maintenance of thewater distribution and wastewater collection sys-tem. (ADM 3.0 § I)

Responsibility.A. It is the responsibility of the Section Heads

to ensure compliance with procedures to obtaincertification.

B. It is the responsibility of the MaintenanceSupervisor to ensure that accurate certificationrecords are maintained.

C. It is the responsibility of the Crew Chiefto ensure that accurate field performance is docu-mented. (ADM 3.0 § II)

Procedure.A. Utility workers will be scheduled to attend

required classroom training.B. Utility workers will be rotated through all

field maintenance programs.C. Utility workers will be field tested by Crew

Chiefs for performance of proper maintenanceskills.

D. Record Keeping.1. Crew Chief prepares certification support

documents.2. Supervisor records and signs permanent

certification record.E. Promotion Requirements.

1. CDL permit must be obtained within oneyear.

2. Must be a utility worker trainee for twoyears.

3. Must have completed all certification re-quirements.

4. Have no active written warnings.

5. Have at least a fully satisfactory evalua-tion.

F. Certification requirements must be obtainedwithin two years of acceptance of utility workertrainee position.

G. Probation. Employees who fail to obtaincertification in two years will be placed on proba-tion for one additional year and must obtain cer-tification during this probationary period. Duringthis third year, employee must obtain certificationor utilize P/TOP to obtain another position or bereleased. (ADM 3.0 § III)



9-7

9.170.0109.170.0209.170.0309.170.0409.170.050

9.170.010

9.170.020

9.170.030

9.170.040

Subtitle II. Recruitment and Hiring

Chapter 9.170

BACKGROUND INVESTIGATIONS

Sections:Purpose.Definitions.Authority.Policy.Procedure.

Purpose.To establish guidelines, policy and procedures

for conducting background investigations of em-ployees, certain job applicants, contractors andothers as required to protect ratepayers, employ-ees, facilities, information, assets, and to enhancethe safety and security of the Washington Subur-ban Sanitary Commission (“WSSC” or “Commis-sion”) workplace. (REG-HRM-HR-2014-005 § I)

Definitions.“Levels of background investigations” means

the four levels of background investigations con-ducted by the Human Resources Office and thefour levels of background investigations con-ducted by the Police and Homeland Security Divi-sion (PHSD).

“Maryland Police Training Commission(MPTC)” means the organization established bystate statute in 1966 to set standards for initial se-lection and training of all governmental law en-forcement officers in the State of Maryland, and tootherwise upgrade the professionalism of these of-ficers.

“Material of significance” means potentiallydisqualifying information or derogatory informa-tion regarding the employee, specific job appli-cant, contractor or requestor, discovered during abackground investigation (at any level) to be seri-ously considered in deciding to hire or to provideaccess to WSSC property or to WSSC plans, draw-ings or other records and information. Disqualify-ing information is that information which a reason-able person would believe adversely impacts theemployee’s or job applicant’s ability to meet jobrequirements or increases the likelihood that theemployee, applicant, contractor or requestor’s be-

havior will subject the Commission to unaccept-able risk.

“Truth verification device” means a device usedby PHSD in one-on-one testing to detect decep-tion. (Amended during 2019 codification; REG-HRM-HR-2014-005 § II)

Authority.Pursuant to the Public Utilities Article,

§ 17-403, Annotated Code of Maryland, WSSChas general authority to adopt rules and regulationsto carry out the provisions of Division II of thePublic Utilities Article; and specific authority un-der § 18-105, Annotated Code of Maryland, toadopt regulations to carry out the provisions ofPublic Utilities Article, Title 18, Personnel, Sub-title 1, Personnel Management. (REG-HRM-HR-2014-005 § III)

Policy.A. WSSC conducts appropriate, thorough, and

legally compliant background investigations on:1. All Commission employees who receive a

conditional offer of promotion;2. Commission job applicants (including in-

terns) who receive a conditional employment of-fer;

3. All WSSC contractors and/or vendors re-quiring access to either Commission facilitiesand/or infrastructure, or WSSC engineering plans,drawings, records or other information the Com-mission deems sensitive; and

4. All persons and organizations requestingaccess to WSSC engineering plans, drawings,records, or other information the Commissiondeems sensitive.

B. Employees who are promoted to jobs thatrequire a more thorough level of background in-vestigation compared to their most recent back-ground investigation shall undergo the more thor-ough background investigation prior to starting thenew assignment.

C. All employment background investigationswill be conducted in compliance with all applic-able federal, state and local laws or regulations.Additionally, all background investigations will beconsidered highly confidential; therefore, Com-mission employees will not disseminate informa-tion from a background investigation except when

9.170.010 BACKGROUND INVESTIGATIONS

9-8



9.170.050

compelled by official Commission business or un-der due process of law.

D. Every offer of employment, including thosemade to interns, shall be conditioned on comple-tion by WSSC of the level of background investi-gation appropriate for the subject offer. The back-ground investigation’s effect, if any, on the condi-tional offer of employment is governed by WSSC9.170.050.

E. The employee or applicant shall execute anauthorization and waiver for release of informa-tion which is consistent with the level of back-ground investigation conducted in connection withthe employee’s (applicant’s) application. This au-thorization and waiver is an eligibility requirementfor an application for a new position or promotion.

F. Completed Human Resources Office (HRO)background investigations shall be maintained ina separate confidential file within the HRO andretained in accordance with the relevant recordsretention requirements. Completed PHSD back-ground investigations will be maintained in a se-cured file within PHSD headquarters and retainedin accordance with the relevant records retentionrequirements.

G. For background investigations conducted byHRO, a Team Chief, Office Director, equivalent orhigher-level manager may request to modify thelevel of background investigation based on a deter-mination that a higher level investigation is neededdue to a position’s unique duties and responsibil-ities (e.g., certain positions in Finance, Procure-ment and Internal Audit). This request shall bemade to the Human Resources Director who willdecide the appropriate level of background inves-tigation prior to initiating the recruitment for avacant or new position. (Amended during 2019codification; REG-HRM-HR-2014-005 § IV)

Procedure.A. Human Resources Office.

1. The Human Resources Office shall con-duct all preemployment background checks foremployees and job applicants (including appli-cants for internships), with the exception of thoseapplicants applying for positions within the PHSD.If a pre-promotion or preemployment backgroundcheck reveals material of significance sufficient towarrant disqualification from promotion or hire,the candidate will be notified and allowed to sub-

mit a response. Any final decision to disqualifynotwithstanding the employee’s or applicant’s re-sponse shall be reviewed and approved by the Hu-man Resources Director or designee. The HumanResources Director is responsible for complyingwith this policy.

2. The four levels of background investiga-tions conducted by HRO are:

a. Basic. Includes criminal check and SSNverification only; applies to student intern candi-dates.

b. Standard. Includes education, criminal,SSN verification, employment, DMV records andprofessional references; licenses/certifications arealso checked, as appropriate; applies to all em-ployees.

c. Advanced. Includes all elements exam-ined in a standard investigation plus a credit check;applies to all managerial candidates, Senior andJunior Internal Auditor hires, and all hires in theFinance and Procurement Offices.

d. Executive. Includes all elements exam-ined in an advanced investigation as well as a re-view of civil court cases and a newspaper scan andsocial media scan (including but not limited to In-ternet search and Linked-In search); applies to allTeam Chiefs, Office Directors, and equivalent orhigher-level managers.

B. Police and Homeland Security Division(PHSD).

1. PHSD shall conduct appropriate back-ground investigations for all applicants for posi-tions or promotions within the PHSD, as well asWSSC contractors or vendors seeking access to itsfacilities and/or infrastructure. If a pre-promotion,preemployment or pre-access background checkreveals material of significance sufficient to war-rant disqualification from promotion, hire or ac-cess to Commission facilities and/or infrastructure,the candidate or contractor/vendor, as appropriate,will be notified and allowed to submit a response.Any final decision to disqualify notwithstandingthe employee’s, applicant’s or contractor/vendor’sresponse shall be reviewed and approved by theWSSC Chief of Police or designee. The Chief ofPolice is responsible for complying with thisprocess.

2. The four levels of background investiga-tions conducted by the PHSD are:



9-9

a. Level I. Refers to the most intensivebackground investigations, which apply to all po-sitions within the PHSD, including all WSSC po-lice officers. Level I background investigationsshall follow MPTC regulations and will result in afinding of either “material of significance” or “nomaterial of significance.” A “material of signifi-cance” finding indicates there is possible disqual-ifying information regarding the employee or jobapplicant. A “no material of significance” findingindicates there is no possible disqualifying infor-mation. Disqualifying information is that informa-tion which a reasonable person would believe ad-versely impacts the employee’s or job applicant’sability to meet the job requirements or increasesthe likelihood that the employee’s or job appli-cant’s behavior will subject the Commission to un-acceptable risk. Use of truth verification devicesshall be limited to Level I investigations, whichmay include the following elements:

i. Credit check.ii. Criminal records check (online and

known fingerprints).iii. Driving history check.iv. Educational records.v. Personal references.vi. Employment history.vii. Military history check.viii. Coworker interviews.ix. Neighborhood canvass.x. Civil complaint history.xi. Reappointment history/prior law en-

forcement history.xii. Records and information release

waiver by the applicant.xiii. Truth verification device examina-

tion.xiv. Medical evaluation, to include drug

screening.xv. Psychological evaluation (police of-

ficers only).b. Level II. Refers to standard background

investigations required by contractual agreementfor WSSC contractors or subcontractors who re-quire access to either Commission facilities and/orinfrastructure, or engineering plans, drawings, orother records, or other information the Commis-sion deems sensitive. WSSC Contract Managershave the responsibility for ensuring that PHSD

conducts and concludes background investigationsfor contractors and vendors requiring access toCommission infrastructure and/or facilities in con-nection with contracts for which a specific Con-tract Manager is responsible. The WSSC’s con-tractor database contains background investigationresults for contractors and associated vendors.PHSD shall report Level II background investiga-tions as either “approved” or “not approved forsecurity reasons.” Level II background investiga-tions may include the following elements:

i. Driving history.ii. Criminal history.iii. Professional references.iv. Employment history.v. Credentials check (relevant profes-

sional certifications and licenses).c. Level III. Refers to background inves-

tigations utilized when an individual, on behalfof a legitimate business entity, applies for accessto WSSC engineering plans, drawings, or otherrecords, or other information the Commissiondeems sensitive, for the purpose of bidding onCommission contracts. Please reference WSSCChapter 1.10 (Access to Sensitive EngineeringRecords) for related information. PHSD shall re-port Level III background investigations as either“approved” or “not approved.” Level III back-ground investigations may include the followingelements:

i. Public records check.ii. Requestor interview.iii. Company official interview.iv. WSSC contact check.v. WSSC prior history check.vi. Business licensing verification.vii. Professional reference check.

d. Level IV. Refers to background investi-gations utilized when an individual, whether a pri-vate citizen or a public or private sector employeeor contractor, applies for access to WSSC engi-neering plans, drawings, or other records, or otherinformation the Commission deems sensitive. Thepurpose of this background investigation is to ver-ify the individual requestor and/or his organiza-tion’s identity, and his or its legitimate need forengineering information. Please reference WSSCChapter 1.10 (Access to Sensitive EngineeringRecords) for related information. PHSD shall re-

9.170.050 BACKGROUND INVESTIGATIONS

9-10


9.180.0109.180.020

9.180.010

9.180.020

port Level IV background investigations as either“approved” or “not approved.” Level IV back-ground investigations may include the followingelements:

i. Public records check.ii. Requestor interview.iii. Company official interview.iv. WSSC contact check.v. WSSC history check.vi. Professional reference check.

(Amended during 2019 codification; REG-HRM-HR-2014-005 § V)

Chapter 9.180

EMPLOYMENT PROCEDURES


Purpose.The following procedures have been established

to provide for the efficient, effective, and con-sistent application of WSSC employment policiesand to foster ethical and nondiscriminatory prac-tices in all matters related to employment. (REG-HRM-HR-2014-006 § I)

Procedure.A. Personnel Requisition.

1. A request to fill a vacated or newly createdposition is facilitated with a personnel requisition.The requisition must be completed and submittedelectronically through the applicant tracking sys-tem. All required sections of the requisition mustbe completed.

2. All requisitions must be approved by theassigned Team Chief/Director and by the GroupLeader, Budget Group, or designee.

B. Job Posting.1. All positions for which personnel requisi-

tions have been submitted and approved are postedon the online Career Center on the WSSC Internetpage.

2. Requisitions must be posted for a mini-mum of three weeks (two weeks for reposts) be-fore candidates are reviewed for further considera-tion.

C. Recruitment.1. The Human Resources Office (HRO) Tal-

ent Acquisition Division will source and reviewapplications from candidates within and outsidethe WSSC. The HRO Talent Acquisition Divisionwill also negotiate fees, contracts, and terms withoutside employment agencies and advertising ven-dors.

Typically, the HRO Talent Acquisition Divi-sion will decide which sourcing methods are likelyto be most effective for the position vacancy; how-ever, the hiring manager is encouraged to offersourcing recommendations. The sourcing methodsselected may include advertisements on Internet



9-11

job boards, in newspapers and/or professionaljournals, listings with public and/or private em-ployment agencies, and/or other appropriate re-sources.

2. The HRO Talent Acquisition Division willenable viewing of internal and external candidateapplications/resumes which meet the position’sminimum requirements within the applicant track-ing tool.

D. Employment Applications.1. Employment applications are accepted

only when a vacancy has been announced.2. Employment applications are only ac-

cepted via the online applicant tracking tool. Can-didates for employment should complete and sub-mit a completed WSSC employment application(internal employees should complete and submita WSSC employee application) to express formalinterest in a posted vacancy.

3. Resumes and other related documentationmay also be required.

E. Employment Interviews.1. The hiring manager (or delegate) will

schedule employment interviews; however, theHRO Talent Acquisition Division may also assistwith scheduling employment interviews.

2. The hiring manager will select an appro-priate sample of eligible and qualified applicantsfor interview. After selecting the applicants, thehiring manager will notify the HRO Talent Acqui-sition Division of the names of those applicantsand the dates and times of the interviews. Hiringmanagers who are selecting candidates to inter-view for a job associated with the labor union mustfollow the provisions of the collective bargainingagreement.

3. Before interviews begin, the hiring man-ager and members of the interview panel must dis-close any potential conflict of interest (see WSSCCode of Ethics, WSSC Chapter 1.70). All inter-view panel members who disclose a potential con-flict of interest are not permitted to participate onthe interview panel. Failure of the hiring man-ager to uphold the Commission’s equal employ-ment opportunity policy (WSSC Chapter 9.335),principles and Code of Ethics (WSSC Chapter1.70) throughout the interview process may resultin disciplinary action under WSSC policy and can-

cellation of an offer of employment to the selectedapplicant.

4. The HRO Talent Acquisition Division willconduct all pre-offer discussions with the appli-cant, verifying that the applicant meets the min-imum position requirements, describing the po-sition’s general duties, explaining the position’ssalary range, and discussing Commission benefits,history, and organizational structure. The HROTalent Acquisition Division or designated em-ployee training units will administer all requiredpreemployment skills testing, unless the testingmust be conducted within a specific environment(e.g., trades shop, etc.).

F. Applicant Selection and ConditionalEmployment Offers.

1. The hiring manager and interview panelmembers will review each applicant’s qualifica-tions, skills and interview scores to determinewhich applicant(s) are best qualified. Upon com-pletion of interviews, the hiring manager and in-terview panel will complete, sign and send a rec-ommendation form, which serves as justificationand agreement for the selected applicant(s). Allnonconflict of interest forms should also be for-warded, if not previously submitted.

2. Only a member of the HRO Talent Acqui-sition Division and the HR Director are authorizedto directly negotiate and extend conditional em-ployment offers. All conditional employment of-fers are contingent upon:

a. A satisfactory reference check.b. A successful preemployment drug

screening.c. Satisfactory completion of any preem-

ployment medical examination that may be neces-sary to ensure that the applicant is physically ableto perform the essential functions of the job, withor without a reasonable accommodation.

d. A satisfactory preemployment back-ground check for the position offered.

G. Reference and Background Checks.1. The Human Resources Office (or vendor)

will conduct reference checks on behalf of WSSCon all applicants who have accepted conditionaloffers of employment. Exceptions may be madefor student interns and WSSC rehires. When thereference checks are completed, the Human Re-

9.180.020 EMPLOYMENT PROCEDURES

9-12


sources Office will notify the hiring manager ofclearance for employment.

2. WSSC will conduct job-related, legallycompliant background checks on all applicants(including student interns) who have acceptedconditional offers of employment. In addition, cur-rent employees who accept conditional offers ofpromotion or transfer may also be subject to abackground check that is job-related and consis-tent with the business-related needs of the positionfilled.

3. Police officer applicants are subject to aseparate, legally compliant investigation con-ducted by certified police investigators within thePolice and Homeland Security Division as permit-ted by the Maryland Police Training Commission(see WSSC Chapter 9.170, Background Investiga-tions).

4. If the background check reveals sufficientinformation to warrant disqualification, the appli-cant will be notified and permitted an opportunityto respond and explain the circumstances leadingto the disclosure of the unfavorable information.The Human Resources Director or designee willgive careful consideration to the explanatory infor-mation provided by the applicant before making adecision on whether the unfavorable informationmerits disqualification. All disqualification deci-sions made by the Human Resources Director ordesignee will be final. Further details of the back-ground check policy and process are available inWSSC Chapter 9.170, Background Investigations.

H. Preemployment Medical Examinations.1. Prior to onboarding, the selected applicant

must pass a drug screening at a WSSC designatedmedical facility. The applicant’s conditional offerof employment will be withdrawn if the drugscreening indicates the presence of any of the fol-lowing substances as identified in the U.S. Depart-ment of Transportation’s (DOT) Code of FederalRegulations:

a. Marijuana metabolites.b. Cocaine metabolites.c. Opiate metabolites (opium and codeine

derivatives).d. Amphetamine metabolites (ampheta-

mines and methamphetamines).e. Phencyclidine (PCP).

2. In addition, the selected applicant mustpass any physical examinations necessary to en-sure the applicant can meet the physical require-ments of the job, with or without reasonable ac-commodation, and be able to perform the essentialfunctions of the job. Failure to be medicallycleared to perform a job, as determined by theWSSC designated medical facility, may result inthe withdrawal of the conditional employment of-fer.

I. Employment Approval.1. After the selected applicant has accepted

a conditional employment offer and has met theconditions of the employment offer, a personnelaction notification (PAN) form (or successor) willbe generated. Authority for formally requestingand approving the employment of an individual isin accordance with the current signature require-ments indicated in personnel action notificationpolicy (WSSC Chapter 9.100) (or successor).

2. The HRO Talent Acquisition Division willforward a copy of the completed and authorizedPAN to the Team Chief/Director when the selectedapplicant’s effective date of employment is con-firmed and when all necessary preemploymentprocessing has been completed, including the ap-plicable background check and drug screening.

3. Failure of the hiring manager or interviewpanel to uphold the Commission’s equal opportu-nity policy (WSSC Chapter 9.335), principles andCode of Ethics (WSSC Chapter 1.70) throughoutthe recruitment process may result in disciplinaryaction under WSSC policy and the cancellation ofan employment offer to the selected applicant(s).

J. Financial Disclosure.1. Applicants selected to fill positions at or

above the Unit Coordinator level and other po-sitions designated by the General Manager mustcomplete a financial disclosure questionnaire, inaccordance with the WSSC Code of Ethics (WSSCChapter 1.70), within 30 days of hire.

2. If the information disclosed indicates thatthe applicant will be in violation of the financialconflict provisions of the WSSC Code of Ethics,the Human Resources Director or the Ethics Of-ficer may declare the applicant ineligible for em-ployment.



9-13

K. Employee Processing.1. The Police and Homeland Security Divi-

sion will photograph and issue identification andfacility access badges to all new and returning em-ployees.

2. The Human Resources Office will ensurethat new employees complete required tax forms,beneficiary forms, identification forms, and otherforms for onboarding purposes. (Amended during2019 codification; REG-HRM-HR-2014-006 § II)

9.180.020 EMPLOYMENT PROCEDURES

9-14


10.20

Title 10

INFORMATION MANAGEMENT

Chapters:

Subtitle I. Information Governance and Standards

Identity Theft Prevention Program

10-1

10.20.01010.20.02010.20.03010.20.04010.20.05010.20.060

10.20.07010.20.08010.20.09010.20.100

10.20.110

10.20.010

10.20.02010.20.030

10.20.040

Subtitle I. Information Governance andStandards

Chapter 10.20

IDENTITY THEFT PREVENTIONPROGRAM

Sections:Summary.Definitions.Policy objective.Policy statement.Identifying red flags.Detection, prevention andmitigation.Updating the program.Administration of the program.PII security and protection.Oversight of service providerarrangements.Disposal of PII.

Summary.In accordance with Federal Trade Commission’s

(FTC) “red flag” rules of the Fair and AccurateCredit Transactions Act (FACTA) of 2003, theWashington Suburban Sanitary Commission(“WSSC” or “Commission”) is required to imple-ment and maintain an identity theft prevention pro-gram (the “program”). The Act applies to financialinstitutions and creditors with covered accounts.The Commission under this rule (see WSSC10.20.020, Definitions) has covered accounts andis a creditor and must comply with FACTA and itsassociated regulations. (GMO 09-01)

Definitions.“Challenge questions” means a method in

which one party presents a question (“challenge”)and another party must provide a valid answer(“response”) to be identified.

“Consumer report” means a report issued by aCRA.

“Consumer reporting agency (CRA)” means anentity (for example a credit bureau) that collectsand disseminates information about consumers tobe used for credit evaluation and certain other pur-poses.

“Covered account” means an account usedmostly for personal, family, or household pur-poses, and that involves multiple payments ortransactions and for which there is a reasonablyforeseeable risk to customers or to the creditorfrom identity theft. For purposes of this chapter,the accounts that WSSC maintains for its cus-tomers are covered accounts.

“Creditor” means any entity that regularly ex-tends, renews, or continues credit; any entity thatregularly arranges for the extension, renewal, orcontinuation of credit; or any assignee of an origi-nal creditor who is involved in the decision to ex-tend, renew, or continue credit. For the purposes ofthis chapter, WSSC shall be considered a creditor.

“Customer information” means any informationrelating to individuals or families that is collectedand stored by the Commission for the purposes ofproviding water, wastewater or other services.

“Identity theft” means a fraud committed or at-tempted using the identifying information of an-other person without authority.

“Personal identifiable information (PII)” meansany piece of information when used by itself orwith another piece(s) of information can identifyan individual; such information includes, withoutlimitation: names, Social Security number, dateof birth, official state or government issued dri-ver’s license or identification number, alien regis-tration number, government passport number, andemployer or tax identification number.

“Red flag” means a pattern, practice or specificactivity that indicates the possible existence ofidentity theft. (GMO 09-01)

Policy objective.The objective of this policy is to implement a

Commission-wide program for all WSSC businessareas that process and store data that can be used inidentity theft. This program must implement poli-cies, procedures, and other arrangements that con-trol reasonably foreseeable risks to customers or tothe safety and soundness of the Commission fromidentity theft. (GMO 09-01 § I)

Policy statement.This policy applies to all WSSC business areas

that use and maintain PII or customer informationas it relates to a covered account definition as de-scribed above. This policy includes procedures to:



10-3

10.20.050

A. Identify relevant red flags for covered ac-counts;

B. Detect red flags;C. Respond appropriately to any red flags that

are detected to prevent and mitigate identity theft;D. Update the program periodically to abate

changes in risks to customers from identity theftand to maintain the safety and soundness of theprogram. Incorporate existing policies and proce-dures that control reasonably foreseeable risks;and

E. Provide for continued administration of theprogram. (GMO 09-01 § II)

Identifying red flags.Each numbered item listed under subsections A

through E of this section represents a red flag forpurposes of the program.

A. Alerts, Notifications or Warnings from aConsumer Reporting Agency.

1. A fraud or active duty alert is includedwith a consumer report.

2. A consumer reporting agency provides anotice of credit freeze in response to a request fora consumer report.

3. A consumer reporting agency provides anotice of address discrepancy.

4. A consumer report indicates a pattern ofactivity that is inconsistent with the history andusual pattern of activity of an applicant or cus-tomer, such as:

a. A recent and significant increase in thevolume of inquiries;

b. An unusual number of recently estab-lished credit relationships;

c. A material change in the use of credit,especially with respect to recently establishedcredit relationships; or

d. An account that was closed for cause oridentified for abuse of account privileges by a fi-nancial institution or creditor.

B. Suspicious Documents.1. Documents provided for identification ap-

pear to have been altered or forged.2. The photograph or physical description on

the identification is not consistent with the appear-ance of the applicant or customer presenting theidentification.

3. Other information on the identification isnot consistent with information provided by the

person opening a new covered account or the cus-tomer presenting the identification.

4. Other information on the identification isnot consistent with readily accessible informationthat is on file such as a signature card or a recentcheck.

5. An application appears to have been al-tered or forged, or gives the appearance of havingbeen destroyed and reassembled.

6. Bank check appears to have been previ-ously used.

7. Starter check with no name/addressprinted.

8. Application with no voided check (bankinformation printed by customer).

9. Receipt of voided check with no signature.10. Application signed by someone other

than customer on WSSC account.11. Bank information indicated for someone

other than name on WSSC account.12. Application indicating different mailing

address than service address.13. Request to debit monthly on a quarterly

billed account.14. Bank error report indicating “no ac-

count/cannot locate” or “bank account closed.”15. Previous fraudulent/theft noted on ac-

count the customer is applying for.C. Suspicious PII.

1. PII provided by the customer is inconsis-tent when compared against external informationsources. For example:

a. The address does not match any addressin the consumer report; or

b. The Social Security Number (SSN) hasnot been issued, or is listed on the Social SecurityAdministration’s Death Master File.

2. PII provided by the customer is not consis-tent with other PII provided by the customer. Forexample, there is a lack of correlation between theSSN range and date of birth.

3. PII is associated with known fraudulentactivity as indicated by internal or third-partysources used by the Commission.

For example:a. The address on an application is the

same as the address provided on a fraudulent ap-plication; or

10.20.050 IDENTITY THEFT PREVENTION PROGRAM

10-4


10.20.060

b. The phone number on an application isthe same as the number provided on a fraudulentapplication.

4. PII provided is of a type commonly as-sociated with fraudulent activity as indicated byinternal or third-party sources used by the Com-mission.

For example:a. The address on an application is ficti-

tious, a mail drop, or a prison; orb. The phone number is invalid, or is asso-

ciated with a pager or answering service.5. The SSN provided is the same as that sub-

mitted by other persons opening an account orother customers.

6. The address or telephone number providedis the same as or similar to the account number ortelephone number submitted by an unusually largenumber of other persons opening accounts or othercustomers.

7. The person opening the covered accountor the customer fails to provide all requested PIIon an application or in response to notification thatthe application is incomplete.

8. PII provided by the customer is not consis-tent with PII that is on file with the Commission.

9. If challenge questions are used, the personopening the covered account or the customer can-not provide authenticating information beyondthat which generally would be available from awallet or consumer report.

D. Unusual Use of, or Suspicious ActivityRelated to, Covered Accounts.

1. A new account is used in a manner com-monly associated with known patterns of fraudpatterns.

For example: The customer fails to make thefirst payment or makes an initial payment but nosubsequent payments.

2. A covered account is used in a manner thatis not consistent with established patterns of activ-ity on the account.

For example:a. Nonpayment when there is no history of

late or missed payments;b. A material change in electronic fund

transfer patterns in connection with a deposit ac-count.

3. A covered account that has been inactivefor a reasonably lengthy period of time is used(taking into consideration the type of account, theexpected pattern of usage and other relevant fac-tors).

4. Mail sent to the customer is returned re-peatedly as undeliverable although transactionscontinue to be conducted in connection with thecustomer’s covered account.

5. The Commission is notified that the cus-tomer is not receiving paper account statements.

6. The Commission is notified of unautho-rized charges or transactions in connection with acustomer’s covered account.

E. Notice from Customers, Victims of IdentityTheft, Law Enforcement Authorities, or Other Per-sons Regarding Possible Identity Theft in Connec-tion with Covered Accounts Held by the Com-mission. A WSSC customer, a victim of identitytheft, a law enforcement authority, or any otherperson who can demonstrate reliability or trust-worthiness notifies the Commission that the Com-mission opened a fraudulent account pursuant toa request by a person engaging in identity theft.(GMO 09-01 § III)

Detection, prevention andmitigation.

A. Detection. In an effort to ensure proper de-tection of any red flags, all customers (consumers)must provide at least the following informationwith supporting documentation before any newcovered account will be opened:

1. Full name.2. Date of birth (individual).3. Address: a residential or business street

address.a. For an individual who does not have a

residential or business street address:i. An Army Post Office (APO) or post

office (PO) box number; orii. The residential or business street ad-

dress of a next of kin or other contact.b. For an entity such as a corporation, part-

nership or trust, the address of:i. Principal place of business;ii. Local office; oriii. Other physical location.

4. Identification number:



10-5

10.20.070

10.20.080

10.20.090

a. For a U.S. citizen, a taxpayer identifica-tion number or government issued photo ID; or

b. For a non-U.S. citizen, one or more ofthe following: a taxpayer identification number,passport number and country of issuance, alienidentification card number and country of issuanceor any other government issued document evi-dencing nationality or residence and bearing aphotograph or similar safeguard.

Within a reasonable time of discoveringthat any of the foregoing information is missingfrom a covered account, the Commission will con-tact the account holder to obtain the missing infor-mation.

B. Preventing and Mitigating Identity Theft. Inthe event a red flag is detected, the Commissionwill take reasonable steps to prevent the occur-rence of identity theft, and to mitigate any harmcaused thereby. In order to respond appropriatelyto the detection of a red flag the Commission shallconsider any aggravating circumstances that mayheighten the risk of identity theft. After assessingthe degree of risk posed, the Commission will re-spond to the red flag in an appropriate mannerwhich may include:

1. Monitoring a covered account for evi-dence of identity theft;

2. Contacting the customer;3. Changing any passwords, security codes

or other security devices that permit access to acovered account;

4. Reopening a covered account with a newaccount number;

5. Not opening a new covered account;6. Closing an existing covered account;7. Refraining from collecting on a covered

account or from selling a covered account to a debtcollector;

8. Notifying law enforcement; or9. Determining that no response is warranted

under the particular circumstances. (GMO 09-01§ IV)

Updating the program.This program shall be updated periodically to

reflect changes in risks to customers of the Com-mission from identity theft based on factors suchas:

A. The experiences of the Commission withidentity theft;

B. Changes in methods of identity theft;C. Changes in methods to detect, prevent and

mitigate identity theft;D. Changes in the types of accounts that the

Commission offers or maintains;E. Changes in the business arrangements of the

Commission including mergers, acquisitions, al-liances, joint ventures and service providerarrangements; or

F. Changes in laws that may impose new re-quirements or limitations on established policies.(GMO 09-01 § V)

Administration of the program.The IT Security Division Manager is responsi-

ble for implementation and administration of theprogram. The IT Security Division Manager willreport to Executive Steering Board (ESB) at leastannually on compliance by the Commission withthe program. The report shall address materialmatters related to the program and evaluate the ef-fectiveness of the policies and procedures in ad-dressing the risk of identity theft in connectionwith the opening of covered accounts and with re-spect to existing covered accounts. The ESB willapprove any material changes to the program asnecessary to address changing identity theft risks.(GMO 09-01 § VI)

PII security and protection.Pursuant to this program, WSSC employees

shall be informed of the following PII protectionrules (at least annually) and shall be evaluated asto their compliance therewith as part of the WSSCPerformance Management System.

A. Desks, work areas, printers and fax ma-chines shall be cleared of all documents containingPII when not in use.

B. All paper documents or files, as well as CDs,floppy disks, zip drives, tapes, and backups con-taining PII shall be stored in a locked file cabinet.

C. File cabinets containing PII shall be storedin a locked room.

D. Files containing PII shall be kept in lockedfile cabinets except when an employee is workingon the file.

E. Employees shall not leave documents con-taining PII on their desks when they are away fromtheir workstations.

10.20.070 IDENTITY THEFT PREVENTION PROGRAM

10-6


10.20.100

10.20.110

F. Employees handling PII shall store PII filesin file or other cabinets, log off their computers,and lock cabinets and office doors at the end of theday.

G. Access to off-site storage facilities shall belimited to employees with a legitimate businessneed.

H. Access keys/codes shall only be given toemployees with a legitimate business need. Allemployees who enter these facilities will docu-ment their visit.

I. Any information containing PII shipped us-ing outside carriers or contractors shall be en-crypted and an inventory of the information beingshipped shall be retained by the WSSC businessarea accountable for the shipment. The informa-tion shall be shipped using an overnight shippingservice that allows WSSC to track and confirm theinformation’s delivery.

J. Removal of PII by employees, contractorsor any other persons from Commission premisesshall be prohibited unless prior authorization inwriting has been obtained from the business areaTeam Chief/Director or his/her designee. If inelectronic form (i.e., laptops, USB drives, CD,DVD, etc.) the PII to be removed from Commis-sion premises shall be secured by encryption usingthe Advance Encryption Standard (AES).

K. Files containing PII shall not be stored onworkstation local hard drives unless it is securedvia encryption.

L. Access to PII on file shall be secured so thatonly those WSSC employees who are authorizedhave access to it. This data shall also be securedwith encryption.

M. Visitors who must enter areas of WSSCpremises where PII files are kept shall be escortedby a WSSC employee who will be responsible forthe security of the PII files. Visitors shall not begiven any entry codes or allowed unescorted ac-cess to the office. (GMO 09-01 § VII)

Oversight of service providerarrangements.

The Commission shall take steps to ensure thatthe activity of a service provider is conducted inaccordance with WSSC policies and proceduresdesigned to detect, prevent and mitigate the risk ofidentity theft whenever the Commission engages a

service provider to perform an activity in connec-tion with one or more covered accounts.

The Commission’s security practices depend onthe people who implement them, including third-party contractors and service providers. Beforeany outsourcing of business functions can occur(i.e., payroll, web hosting, customer call center op-erations, data processing, or the like), the thirdparty’s data security policies and practices mustbe reviewed and, where applicable, SAS70 reportsobtained. If possible, a site visit to the third party’sfacilities should be performed. Security measuresappropriate for the type of data the serviceprovider will be handling must be described in thecontract with them. The contract must also specifythat the third-party contractor or service providerimmediately notify the Commission of any secu-rity incidents they experience, even if the incidentsmay not have resulted in an actual compromise ofthe PII. (GMO 09-01 § VIII)

Disposal of PII.A. Paper Records. Paper records which contain

PII that are no longer needed by the Commissionshall be disposed of by shredding.

B. Computers and Portable Storage Devices.1. When disposing of old computers and

portable storage devices, a Department of Defensecompliant disc-wiping utility program shall beused to prevent the unauthorized recovery of PII.

2. Any compact disc (CD or DVD) contain-ing PII shall be disposed of by cross-cut shredding,perforation or incineration.

When disposing of PII, Commission employ-ees shall comply with all applicable WSSC recordretention policies. (GMO 09-01 § IX)



10-7

11.10

11.15

11.2511.30

11.110

11.115

11.120

11.125

11.13011.13511.145

11.15011.15511.16011.165

11.170

Title 11

INFRASTRUCTURE MANAGEMENT

Chapters:

Subtitle I. Capital Projects

Procedure for Determining Percent Growth for CIP Projects

Subtitle II. Construction Management

Procedure for Enforcing Erosion and Sediment Control PermitViolations for WSSC Utility ContractorsRight-of-Way TapsUtility Erosion and Sediment Control Regulation


Subtitle IV. Infrastructure Engineering, Design and Review

Addition, Deletion, or Revision of Computer Aided Design andDrafting (CADD) StandardsComprehensive Collection System and Maintenance Plan – NewSewer Design and ConstructionMechanical and Electrical Design Guidelines for Low-FlowWastewater Pumping Stations Using Submersible Nonclog Pumps orSubmersible Grinder PumpsMechanical and Electrical Design Guidelines for Water BoosterPumping StationsPipeline Design ManualProcedures for Issuing WSSC Construction PermitsStandard Procedure for Pipeline As-Builts

Subtitle V. Water and Sewer Service Authorization

Administering Releases for ServiceDevelopment Services CodeProcedures for Transfer of AuthorizationsUse of the Sewer Model in Conjunction with Phase 1 HydraulicPlanning AnalysesWater and Sewer Authorization Process Manual

11-1

11.10.01011.10.020

11.10.010

11.10.020

Subtitle I. Capital Projects

Chapter 11.10

PROCEDURE FOR DETERMININGPERCENT GROWTH FOR CIP PROJECTS

Sections:Purpose and applicability.Procedure and methodology.

Purpose and applicability.The purpose of this chapter is to establish a

method for determining what proportion of certainWSSC CIP projects is for growth. This chapter ap-plies after June 30, 1993: (A) to projects whichare added to the CIP; and (B) to any revisionsof projects already programmed which change theamount of system capacity added by the projects.(PD 93-01 § I)

Procedure and methodology.A. The Water Resources Planning Section will

determine the percent growth for all applicableCIP projects using the following methodology.

The method involves the following three steps:1. Step 1 – Test for 100 Percent Growth.

If flows/demands remained at June 1993 levels,would a project still be required?

a. No: Growth = 100 percent.b. Yes: Continue to Step 2.

2. Step 2 – Test for Zero Percent Growth.Does the project improve or replace componentsof an existing facility without increasing the ca-pacity of any of the components?

a. Yes: Growth = zero percent.b. No: Continue to Step 3.

3. Step 3 – Determine Percent Growth.a. Identify system capacity added by the

project.b. Identify and subtract June 30, 1993, ca-

pacity deficit, if any.c. Divide result by total project design ca-

pacity.B. Notes.

1. For most water and wastewater facilities,there is a straightforward relationship between de-mand, capacity requirements, and facility size. Forwater transmission mains, however, the relation-ship is more complicated. There are many factors

other than size which must be considered to de-termine capacity. These factors include length, thesize and number of interconnections and the allow-able energy differential between the points con-nected by the transmission system. Capacityanalysis of a transmission network normally re-quires computer modeling. Previous water systemanalyses will be used to the extent they are applic-able; however, where no previous analysis exists,computer modeling will be required.

2. If an existing facility with available sys-tem capacity is being replaced by a new projectwhich increases total system capacity, the avail-able capacity in the existing facility is lost orwasted. In such cases, existing available capacitywill be treated as a negative deficit in subsection(A)(3)(b) of this section.

C. Examples.1. An existing sewer has a safe capacity of

20 mgd. The June 30, 1993, peak flow is 17 mgd.A proposed parallel sewer will add 10 mgd of ca-pacity for growth. Since the existing sewer canhandle the June 30, 1993, flows the project is 100percent for growth (subsection (A)(1) of this sec-tion).

2. An existing sewer has a safe capacity of20 mgd; its maximum capacity before overflow is27 mgd. The June 30, 1993, peak flow is 21 mgd.A proposed parallel sewer will add 10 mgd of ca-pacity for growth. Since the existing sewer canhandle the June 30, 1993, flows, the project is 100percent for growth (subsection (A)(1) of this sec-tion).

3. An existing pumping station has 1 mgd ofcapacity. The June 30, 1993, flow is 0.8 mgd. Aproposed replacement pumping station will have atotal capacity of 1.5 mgd. The existing pumpingstation is old, and a rehab project would be neededif the new pumping station were not built. There-fore, the station is not 100 percent for growth (sub-section (A)(1) of this section). It adds capacity, soit is not zero percent growth (subsection (A)(2) ofthis section). The percent for growth is calculatedas follows: 0.5 mgd (the capacity added by the newpumping station) plus 0.2 mgd (the amount of lostavailable capacity) divided by 1.5 mgd (the totalcapacity of the new pumping station) = 47 percent(subsection (A)(3) of this section).



11-3

11.15.01011.15.02011.15.03011.15.040

11.15.010

11.15.020

4. An existing pumping station in good con-dition has 1 mgd of capacity. The June 30, 1993,flow is 0.8 mgd. A proposed replacement pumpingstation, located downstream to increase the servicearea, will have a total capacity of 1.5 mgd. Theproposed pumping station is 100 percent forgrowth (subsection (A)(1) of this section).

5. A pressure zone has a 1 mg storage deficitbased on June 30, 1993, demands. When we fi-nally get agreement to build a 3 mg tank in thezone, the deficit has risen to 2 mg. The tank is 66.7percent for growth (3 mg added – 1 mg deficit)/3mg total capacity = 67.7 percent (subsection(A)(3) of this section). (PD 93-01 § II)

Subtitle II. Construction Management

Chapter 11.15

PROCEDURE FOR ENFORCING EROSIONAND SEDIMENT CONTROL PERMITVIOLATIONS FOR WSSC UTILITY

CONTRACTORS

Sections:Purpose.Background.Definitions.Procedures.

Purpose.A. To provide guidelines for issuing field or-

ders to contractors to ensure compliance with sed-iment control violation notices issued by the Engi-neering and Environmental Services Division.

B. To provide for suspension of utility erosionand sediment control permits for noncompliancewith violation notices.

C. To provide guidelines for issuing field or-ders to contractors to stop work due to suspensionof the utility erosion and sediment control permit.

D. To provide guidance for issuing change or-ders to contractors to modify the utility erosionand sediment control plan. (ENG 86-01 § 1)

Background.A. Organizationally, the Engineering and Envi-

ronmental Services Division and the Pipeline Con-struction Division are in the Engineering and Con-struction Department. Approval of the standardprocedure codified in this chapter defines standardoperations within this Department.

B. The Engineering and Environmental Ser-vices Division enforces the conditions of the ap-proved utility erosion and sediment control planand permit issued to the contractor for each water,sewer, and storm drain project awarded by theCommission.

C. The Pipeline Construction Division enforcesthe conditions of the contract awarded to contrac-tors for Commission water, sewer, and storm drainprojects, including all erosion/sediment controlmeasures required by the contract and/or permit.

11.15.010 EROSION AND SEDIMENT CONTROL PERMIT VIOLATIONS

11-4


11.15.030

11.15.040

D. This chapter establishes the interrelation-ships of these authorities. (Amended during 2019codification; ENG 86-01 § 2)

Definitions.“Change order” means written order to the con-

tractor authorizing an addition, deletion, or revi-sion to the work to be performed under the con-tract and/or authorizing an adjustment in the con-tract price and/or contract time.

“Field order” means a written order to the con-tractor issued during construction by the WSSC’srepresentative for interpretations, clarifications,and other instructions as to the intent of the con-tract documents.

“Utility erosion and sediment control permit”means the permit issued for the control of erosionand sedimentation on underground utility projectsin Prince George’s and Montgomery Counties asissued by the Engineering and Environmental Ser-vices Division.

“Utility erosion and sediment control plan”means the drawings, notes, and standard details re-ferring to the control of erosion and sedimentationon a specific project, as approved by the Engineer-ing and Environmental Services Division.

“Violation notice” means the written notifica-tion issued to the permittee by the Sediment Con-trol Inspector for noncompliance with the utilityerosion and sediment control permit or plan. Thenotice will include a description of the areas ofnoncompliance, instructions for compliance, and adate for compliance, and will state that if compli-ance is not achieved, the utility erosion and sedi-ment control permit will be suspended. (Amendedduring 2019 codification; ENG 86-01 § 3)

Procedures.A. If significant changes to the utility erosion

and sediment control plan become necessary dur-ing construction, this will be accomplishedthrough issuance of a change order. Since the util-ity erosion and sediment control permit cites andincorporates the requirements of the utility erosionand sediment control plan, this will constitute apermit revision as well. The requirements of therevised permit and plan will then be enforced bythe Engineering and Environmental Services Divi-sion.

B. The Engineering and Environmental Ser-vices Division shall issue violation notices to thefield representative of the permittee with a copy tothe Commission’s field representative for noncom-pliance with the approved utility erosion and sedi-ment control plan and permit.

C. Upon receipt of the violation notice, thePipeline Construction Division shall issue a fieldorder to the contractor to comply with the provi-sions of the violation notice. The field order shallbe issued within 24 hours of issuance of the viola-tion notice.

D. If the permittee fails to comply with the pro-visions of the violation notice and associated fieldorder, the Engineering and Environmental Ser-vices Manager may suspend the issued utility ero-sion and sediment control permit. Upon suspen-sion of this permit, the Engineering and Environ-mental Services Division Manager shall immedi-ately notify the Pipeline Construction DivisionManager of the permit suspension.

E. At the time of notification of permit sus-pension, the appropriate Pipeline Construction Di-vision Manager shall issue a field order to thecontractor instructing him/her to stop work on allconstruction except for actions to correct the ero-sion and sediment control violation. The field or-der shall be issued within 24 hours of the notice ofpermit suspension and shall be in effect until thenotice of suspension is lifted by the Engineeringand Environmental Services Division Manager.

F. At the time of compliance with the violationnotice, the Engineering and Environmental Ser-vices Division Manager shall lift the permit sus-pension and verbally notify the Pipeline Construc-tion Division Manager. This shall be followed bya written notification. (Amended during 2019 cod-ification; ENG 86-01 § 4)



11-5

11.25.01011.25.020

11.25.010

11.25.020

Chapter 11.25

RIGHT-OF-WAY TAPS


Purpose.To provide consistent methods within WSSC

maintenance depots for the installation of waterand sewer right-of-way taps. (W 5.0 S 3.0 § I,dated June 4, 1997)

Procedure.A. Excavations. In all cases, the plumber is re-

sponsible for the excavation to the main and man-hole. The excavation shall be safe, and when nec-essary, shored to meet WSSC safety standards andapplicable MOSH standards by the plumber. Util-ity Services crews are not to perform any work ifthe ditch is not up to WSSC safety standards.

B. Right-of-Way Water Service Taps TwoInches and Under.

1. WSSC will provide the following mater-ial:

a. Corporation stop.b. Short piece of copper tubing, five feet

maximum.c. Curb stop.d. Valve box for one-and-one-half-inch

and two-inch connections only. (The plumber willprovide curb boxes for services less than one andone-half inches.)

2. The plumber will excavate and shore asrequired.

3. The Utility Services crew will tap themain, install the corporation stop, install the shortlength of copper tubing, and install the curb stopas close to the main as is practical.

4. The plumber will connect to the curb stop,install the curb box or valve box, run the pipe onproperty, backfill, and restore his excavation.

5. The WSSC responsibility for the right-of-way water tap will be the main line, the lengthof copper service (five-foot-zero-inch maximum),the curb stop, and the valve box.

C. Right-of-Way Water Service Taps ThreeInches and Over.

1. WSSC will provide the following mater-ial:

a. Tapping sleeve.b. Valve.c. Accessories (cement and extension

stem if needed).d. Valve box.

2. The plumber will excavate and shore, asrequired.

3. The WSSC will install the tapping sleeve,valve, and make the tap. (Montgomery County –Northern Zone Crew; Prince George’s County –Southern Zone Crew.)

4. The plumber will connect to the valve, setthe valve box, and restore his excavation.

5. The WSSC responsibility for the right-of-way water tap will be the main line, tappingsleeve, valve, and valve box.

D. Outside Meter Right-of-Way Taps.1. WSSC will provide the following mater-

ial:a. Corporation stop.b. Short pieces of copper pipe, five feet

maximum.c. Meter setting (yoke, meter housing, ris-

ers, house-side couplings, frame and cover, etc.).2. The plumber will perform all excavations,

shoring and backfill.3. The WSSC Utility Services crew will:

a. Meters one and one-half inches andsmaller: tap the main, install the corporation stop,and install the meter setting (yoke, house andstreet side risers (five feet maximum each), house-side coupling).

b. Meters one and one-half inches andlarger will be installed at the same time the tap ismade by the tap crew. The tap crew will use thepermit number from the work order in order to ob-tain a meter from the meter shop. The meter needsto be in place at the time the meter box is set to en-sure the proper fit.

4. The plumber will connect to the house-side coupling and install the pipe on property.

5. The plumber will connect to the curb stop,install the curb box or valve box, run the pipe onproperty, backfill, and restore his excavation.

11.25.010 RIGHT-OF-WAY TAPS

11-6


11.30.01011.30.02011.30.03011.30.04011.30.05011.30.06011.30.07011.30.08011.30.09011.30.100

11.30.010

11.30.020

E. Right-of-Way Sewer Service Taps to Mains.1. WSSC will provide the sewer saddle.2. The plumber will make the excavation in

preparation for the sewer tap.3. The WSSC Utility Services crew will tap

the main and install the sewer saddle.4. The plumber will connect to the saddle,

run the pipe on property, and backfill the excava-tion.

5. WSSC’s responsibility will be the mainline and the saddle.

6. If a drop house connection is to be in-stalled, the sewer service must be four inches orsix inches in diameter. See WSSC’s StandardSpecifications.

F. Right-of-Way Sewer Service Taps toManholes.

1. WSSC will provide a stub outside themanhole wall eight inches long.

2. The plumber will make the excavation inpreparation for tapping the manhole.

3. If a drop house connection is to be in-stalled, the sewer service must be four inches orsix inches in diameter. See WSSC’s StandardSpecifications. One manhole stub will be pro-vided.

4. The WSSC Utility Services crew will:a. Tap the manhole.b. Install the stub.c. Construct the channel within the man-

hole.5. The plumber will connect to the manhole

stub, and run the pipe on property. If a drop con-nection is required, the plumber will construct thedrop connection.

6. WSSC’s responsibility will be the man-hole and the pipe stub. (Amended during 2019codification; W 5.0 S 3.0 § II, dated June 4, 1997)

Chapter 11.30

UTILITY EROSION AND SEDIMENTCONTROL REGULATION

Sections:Purpose.Definitions.Authority.Applicability.Erosion and sediment control plans.Permits.Inspection.Enforcement procedures.Severability.Penalties and appeals.

Purpose.This utility erosion and sediment control pro-

gram meets the delegation of authority standardsset forth by the Maryland Department of the En-vironment in the Code of Maryland Regulations(COMAR) 26.17.01.03. The program is designedto protect, maintain and enhance the public health,safety and general welfare by establishing mini-mum requirements and procedures to control ac-celerated soil erosion and sedimentation resultingfrom underground utility construction in Mont-gomery and Prince George’s Counties. Minimiz-ing soil erosion and off-site sedimentation willminimize damage to public and private property,and assist in the attainment and maintenance ofwater quality standards. (REG-IFSM-EC-2014-002 § I)

Definitions.“Access roads” means any temporary roadways

built for installation of underground utility con-struction as per the terms of the underground util-ity erosion and sediment control permitting au-thority of the Commission.

“Applicant” means any person(s) who executesthe necessary forms to procure official approvalof underground utility construction or a permit toconstruct an underground utility.

“Authorized inspection agency” means acounty, bi-county or state agency that has erosionand sediment control enforcement authority withinthe Washington Suburban Sanitary District. In ad-dition to the Commission, such agencies include



11-7


the Montgomery County Department of Environ-mental Protection, the Prince George’s County De-partment of Public Works and Transportation, andthe Maryland Department of the Environment.

“Best management practices (BMP)” means themost effective techniques for protecting the envi-ronment from detrimental impact.

“Clear, clearing” means any activity that re-moves the vegetative ground cover while leavingthe root mat intact.

“Commission” means the Washington SuburbanSanitary Commission.

“Critical area” means all lands and waters de-fined in the Natural Resources Article, § 8-1807,Annotated Code of Maryland.

“Department” means the Maryland Departmentof the Environment.

“Department of Permitting Services” means theMontgomery County approval agency for erosionand sediment control plans.

“District” means the Prince George’s CountySoil Conservation District, approval agency forerosion and sediment control plans.

“Drainage area” means that area contributingrunoff to a single point of interest, measured in ahorizontal plain, which is enclosed by a ridge line.

“Enforcement official” means an employee ofthe Commission authorized to issue enforcementnotices including violations, citations, and stopwork orders.

“Erosion” means the process by which the landsurface is worn away by the action of wind, water,ice or gravity.

“Erosion and sediment control” means a systemof structural and vegetative measures that min-imize soil erosion and off-site sedimentation bycontaining sediment on site or by filtering sedi-ment-laden runoff through a sediment control de-vice.

“Erosion and sediment control plan” means anerosion and sediment control strategy or a series ofengineered drawings showing the means to mini-mize soil erosion and prevent off-site sedimenta-tion by containing sediment through erosion andsediment control measures that are prepared andapproved in accordance with the specific require-ments of the Commission.

“Exemption” means any underground utilityconstruction and maintenance activity that is not

subject to the erosion and sediment control re-quirements as contained in these regulations.

“Federal project” means any project on feder-ally owned land that involves land disturbance orany project that involves land disturbance and isadministered by a federal agency.

“Floodplain” means the flat areas along thecourse of a waterway that are subject to floodingby 100-year frequency storm events and are sodesignated in the Natural Resources Article,§ 8-101, Annotated Code of Maryland, and CO-MAR 26.17.01.01.

“Grade, grading” means to cause land distur-bance.

“Land disturbance” means any earth movementor land changes that may result in soil erosionfrom wind and water and the movement of sedi-ment into state waters or onto state lands, includ-ing, but not limited to, tilling, clearing, excavating,trenching, stripping, filling, stockpiling of earthmaterials, root mat or topsoil removal, the cover-ing of land with an impermeable material, or anycombination of these activities.

“Major utility construction” means any clearing,grubbing, trenching, or other land disturbance forunderground utility construction in excess of 125linear feet of utility corridor, and which exceedsone or more of the following parameters: trenchwidth generally greater than 20 inches, trenchdepth generally greater than 42 inches, or trenchgradient generally greater than 40 percent for adistance of 75 feet anywhere along the project site.

“Minor utility construction” means any clear-ing, grubbing, trenching, or other land disturbancefor underground utility construction that is lessthan or equal to 125 linear feet of utility corridor,or is in excess of 125 linear feet and does not ex-ceed any of the following parameters: trench widthgenerally greater than 20 inches, trench depth gen-erally greater than 42 inches, or trench gradientgenerally greater than 40 percent for a distance of75 feet anywhere along the project site.

“Permit” means the utility erosion and sedimentcontrol permit for underground utility constructionin Montgomery and Prince George’s Counties is-sued by the Commission.

“Permittee” means any person to whom a utilityerosion and sediment control permit has been is-sued.

11.30.020 UTILITY EROSION AND SEDIMENT CONTROL REGULATION

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11.30.030

11.30.040

“Person” includes the federal government, thestate, any county, municipal corporation or otherpolitical subdivision of the state, or any of theirunits; or an individual, receiver, trustee, guardian,personal representative, fiduciary, or representa-tive of any kind and any partnership, firm, associ-ation, corporation or other entity.

“Project” means any major utility constructionas defined in this section.

“Repeated infraction” means a recurring viola-tion of the same provision of this utility erosionand sediment control regulation or permit by thesame person.

“Responsible person” means any Foreman, Su-perintendent, Crew Chief, Construction Inspector,Contract Manager, Project Engineer or other per-son who is in charge of on-site clearing and grad-ing operations or erosion and sediment control as-sociated with land disturbance for utility construc-tion.

“Sediment” means soils or other materials trans-ported or deposited by the action of wind, water,ice, gravity or artificial means.

“Site” means any tract, lot or parcel of land, orcombination of tracts, lots or parcels of land thattogether comprise the total area upon which a util-ity is constructed or maintained, and is subject to apermit.

“Special protection area (SPA)” means those ar-eas defined in Montgomery County Bill 26-94, en-titled “Water Quality Review – Special ProtectedAreas.”

“Stabilization” means the prevention of soilmovement by utilizing specified and approvedvegetative or structural means.

“Standards and Specifications” means the “2011Maryland Standards and Specifications for SoilErosion and Sediment Control” or any subsequentrevisions.

“State project” means any utility constructionon state-owned land that involves land disturbanceand is administered by a state agency.

“Stockpile areas” means any portion(s) of theunderground utility construction zone used fortemporary storage of construction materials,equipment or backfill soil materials.

“Upper Patuxent River watershed” means allland areas and waterways that drain to the Patux-ent River above T. Howard Duckett Dam.

“Utility” means a company that generates,transmits and/or distributes electricity, waterand/or gas from facilities that it owns and/or oper-ates.

“Utility construction” means any undergroundconstruction or maintenance work subject to theCommission’s utility erosion and sediment controlpermitting authority related to water or wastewatersystems, underground or buried pipelines, ducts,conduits, or cables including access roads andstockpile areas.

“Variance” means relief from or modification ofthe criteria set forth in the Standards and Specifi-cations.

“Waterway” means any natural or artificialstream, river, creek, ditch, channel, canal, conduit,culvert, drain, gully, ravine or wash, including anyarea adjacent thereto, which is subject to inunda-tion by reason of overflow of flood water or stormrunoff. (REG-IFSM-EC-2014-002 § II)

Authority.The General Counsel certifies that the regula-

tion codified in this chapter is adopted under theauthority of the Public Utilities Article, §§ 17-403and 29-101, Annotated Code of Maryland, and theEnvironment Article, § 4-105, Annotated Code ofMaryland. This chapter shall apply to all under-ground utility construction and associated mainte-nance involving land disturbance occurring withinMontgomery and Prince George’s Counties, sub-ject to the exemptions set forth in WSSC11.30.040(C). This chapter shall constitute theminimum erosion and sediment control require-ments and shall not be deemed a limitation or re-peal of any other powers granted by state statute.The Commission shall monitor and enforce thischapter. (REG-IFSM-EC-2014-002 § III)

Applicability.A. No person shall clear or otherwise undertake

land disturbance for the purpose of constructingor maintaining an underground utility without firstobtaining a permit from the Commission and im-plementing erosion and sediment control in accor-dance with an erosion and sediment control planapproved by the Commission except as providedwithin subsection C of this section.

B. Any person applying for a permit for under-ground utility construction for a project which dis-



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11.30.050turbs greater than 40,000 square feet of forestedarea shall submit an approved forest conservationplan as provided for under the Forest ConservationAct, Natural Resources Article, § 5-1605, Anno-tated Code of Maryland.

C. Exemptions from Plan Approval and PermitAcquisition.

1. Storm drain system construction andmaintenance.

2. Local government utility projects whensuch governments are operating under a Depart-ment-approved erosion and sediment control pro-gram and the erosion and sediment control plansare approved by the local approval authority forerosion and sediment control.

3. Federal or state utility projects that are en-tirely within federal or state-owned lands and sub-ject to erosion and sediment control approval fromthe Department. Projects that encompass landsother than federal or state-owned lands must re-ceive plan approvals and permits from the Com-mission for those portions of the project not onfederal or state lands.

4. Utility work that is of an emergency na-ture or is required to address a life threatening sit-uation, to the extent that the Commission shall benotified by telephone of the construction on thenext business day. Contact the Environmental Pro-grams Unit at (301) 206-8077.

5. Individual on-site residential sewage dis-posal systems. (Applicants shall contact the appro-priate county health department for all necessaryapprovals.)

6. Utility work the Commission approvessubject to a requirement that vegetative groundcover remain undisturbed and in its original condi-tion, and that no open trench is created, during orsubsequent to the work’s performance.

7. Aboveground utility construction wherethe erosion and sediment control plans are ap-proved by the local approval authority. (Amendedduring 2019 codification; REG-IFSM-EC-2014-002 § IV)

Erosion and sediment controlplans.

A. Review and Approval of Utility Erosionand Sediment Control Plans for Major UtilityConstruction.

1. For major utility construction, a personmay not clear or undertake land disturbance with-out first obtaining utility erosion and sedimentcontrol plan approval and a subsequent major util-ity erosion and sediment control permit from theCommission.

2. For minor utility construction, a personmay not clear or otherwise undertake land distur-bance without first obtaining from the Commis-sion a minor utility construction permit.

3. The applicant shall submit an erosion andsediment control plan, and any subsequently re-quired documents, to the Commission for reviewand approval. The erosion and sediment controlplan shall contain sufficient information in engi-neered drawings and notes to describe how theapplicant will minimize soil erosion and off-sitesedimentation. The Commission shall review theplan to determine compliance with this chapter andthe Standards and Specifications prior to approval.The erosion and sediment control plan shall applyto all subsequent land disturbances and stabiliza-tion. For utility construction projects that are lo-cated entirely within the limits of disturbance of anapproved erosion and sediment control plan fromthe District or Department of Permitting Services,the applicant shall submit copies of these plansalong with the proposed utility erosion and sedi-ment control plan.

4. The applicant shall use extra erosion andsediment control practices and BMPs when a pro-ject lies within the Maryland critical area, Mont-gomery County special protection areas, the UpperPatuxent River watershed, areas of highly erodiblesoils, steep slopes, nontidal wetlands, Tier II wa-tersheds, and impaired waters with total maximumdaily load constraints as determined by the Depart-ment. These areas shall be identified on the planand a note requiring clearing limits of utility con-struction restricted to same day stabilization of dis-turbed areas shall be required.

5. In approving an erosion and sediment con-trol plan, the Commission may impose such con-ditions thereto as the Commission may deem nec-


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tel:301-206-8077

essary to ensure compliance with the provisions ofthis chapter, the state sediment control regulations,COMAR 26.17.01, the Standards and Specifica-tions, or the protection of public health and safety.

6. The Commission shall notify the applicantof approval, disapproval or modifications within30 days after submission of the erosion and sedi-ment control plan. If a decision is not made within30 days, the Commission shall inform the appli-cant of the status of the review process and the an-ticipated review completion date.

7. The Commission will not consider ap-proved any erosion and sediment control plan thatomits the signature and date of signature of theCommission’s representative.

B. Contents of the Utility Erosion andSediment Control Plan. The applicant is responsi-ble for submitting an erosion and sediment controlplan that meets the requirements of the Commis-sion, this chapter, the state sediment control regu-lations, COMAR 26.17.01, and the Standards andSpecifications. The plan shall include informationsufficient for the Commission to evaluate the envi-ronmental characteristics of the affected areas, thepotential impacts of the proposed land disturbanceon water resources, and the effectiveness and ac-ceptability of measures proposed to minimize soilerosion and off-site sedimentation.

An applicant seeking approval of an erosion andsediment control plan shall submit the followinginformation:

1. A letter of transmittal;2. A vicinity sketch including north arrow,

scale, and other information necessary to easily lo-cate the property; and

3. A plan at an appropriate scale (30:1, 40:1,or 50:1) indicating at least:

a. Names and addresses of:i. The owner of the property where the

land disturbance is proposed.ii. The applicant (if different from the

owner).b. The existing and proposed topography.c. The proposed grading and earth distur-

bance including:i. Surface area involved; andii. Limits of earth disturbance including

designated stockpile areas and access roads.

d. The location of any existing buildings,utilities, storm drains, waterways flowing throughor near the site, and water impoundments.

e. Erosion and sediment control provi-sions to minimize on-site erosion and prevent off-site sedimentation including:

i. Provisions to preserve topsoil andlimit disturbance;

ii. Details of trenching practices;iii. All existing and proposed erosion

and sediment control measures;iv. Design details for structural sedi-

ment control measures to be installed and avoid-ance with conflicts of utility construction with ex-isting erosion and sediment control designed prac-tices (traps and basins) on approved District orDepartment of Permitting Services approved ero-sion and sediment control plans; and

v. Details of temporary and permanentstabilization measures, including placement of thefollowing statement on the plan:

Following initial soil disturbance or redistur-bance, permanent or temporary stabiliza-tion shall be completed within: (a) three cal-endar days as to the surface of all perimeterdikes, swales, ditches, perimeter slopes,and all slopes greater than three horizontalto one vertical (3:1); and (b) seven calendardays as to all other disturbed or graded ar-eas on the project site.

f. A sequence of construction describingthe relationship between the implementation andmaintenance of controls, including permanent andtemporary stabilization and the various stages orphases of land disturbance and construction. Thesequence of construction shall, as a minimum, in-clude a schedule for the following activities:

i. Clearing and grubbing for those areasnecessary for installation of perimeter erosion andsediment controls, including access road areas;

ii. Installing perimeter erosion and sedi-ment controls;

iii. Clearing and grubbing of remainingareas, if appropriate;

iv. Trenching and installing utility;v. Temporary stabilization as necessary;vi. Final grading and permanent stabi-

lization; and



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11.30.060

vii. Removal of erosion and sedimentcontrols with permission of the authorized inspec-tion agency and/or the Commission.

g. A statement on the plan indicating that“The Permittee shall request that the Commissionapprove work completed in accordance with theapproved Erosion and Sediment Control Plan andthis Regulation as outlined below:

i. On all project sites with disturbed ar-eas in excess of two acres (3,000 linear feet ofutility corridor), approval by the Commission shallbe required upon completion of installation ofperimeter erosion and sediment controls beforeproceeding with any other land disturbance, grad-ing or construction.

ii. Approval shall be required upon finalstabilization of all project sites with disturbed ar-eas in excess of two acres (3,000 linear feet of util-ity corridor) before removal of controls.”

h. Certification statement on the approvedplan that “Any Clearing, grubbing, Grading,drainage work, trenching, or other land distur-bance, or all of these, shall be conducted in strictaccordance with this Plan” and that “The responsi-ble field personnel involved in the construction ofthe project will have a valid Certificate of Train-ing at a Department of the Environment approvedtraining program for the control of sediment anderosion.”

i. A statement on the approved plan that“The Permittee shall replace or maintain in goodcondition all erosion and sediment control mea-sures affected by Utility Construction.”

j. A statement on the approved plan that“The Permittee shall notify Commission Enforce-ment Officials and authorized Enforcement Of-ficials from Prince George’s County and Mont-gomery County when working through existingsediment traps or basins.”

C. Modifications to Erosion and SedimentControl Plans. The Commission may revise ap-proved erosion and sediment control plans as itdeems necessary. Modifications may be requestedby the permittee, or required by the Commissionwhen inspection of a utility construction site orother circumstances indicates that modification tothe plan is needed (e.g., the plan is inadequate tocontrol erosion and sediment). The Commission

shall modify the plan in accordance with the fol-lowing:

1. The Commission shall establish standardsfor defining “major modifications” and “minormodifications” and that enable the Commission todistinguish one from the other. The standards shallbe publicly available and shall be provided to ap-plicants for permits.

2. The permittee shall request a major modi-fication from the Commission, which shall reviewand dispose of the request in a timely manner.

3. The permittee shall request a minor modi-fication from an enforcement official.

4. The Commission shall develop a list ofallowable major and minor plan modifications tobe reviewed and approved by the District, Depart-ment of Permitting Services, and the Department.(REG-IFSM-EC-2014-002 § V)

Permits.A. Permit Requirements. The permit shall iden-

tify mandatory procedures and requirements to beadhered to by the permittee, including require-ments for notification of start and completion ofwork.

B. Permit Expiration and Renewal. The utilityerosion and sediment control permit shall expireupon the earlier of final acceptance of the work bythe Commission, or two years from the date of is-suance, unless revoked or renewed by the Com-mission.

Application for permit renewal shall be madeat least two months prior to the permit expirationdate.

C. Permit Fee. A permit fee is established bythe Commission and is reviewed on an annual ba-sis for administration and management of the util-ity erosion and sediment control program. Uponrequest, this fee may be waived for governmentalentities dealing with the Commission, but theCommission reserves the right to impose a permitfee upon any applicant. Permit fees are subject toperiodic revision and appear in the Commission’sapproved list of fees and charges.

D. Permit Suspension and Revocation. TheCommission may suspend or revoke a permit afterproviding written notification to the permittee.Reasons for permit suspension or revocation in-clude but are not limited to:


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11.30.070

1. Any violation(s) of the terms or conditionsof the approved erosion and sediment control planor permit;

2. Noncompliance with a violation notice ora stop work order issued by an enforcement offi-cial;

3. Changes in site characteristics or condi-tions such that the erosion and sediment controlplan is no longer appropriate; or

4. Any violation of this chapter.E. Permit Conditions. In issuing an erosion and

sediment control permit, the Commission may im-pose such conditions as may be deemed necessaryto ensure compliance with the provisions of thischapter, the state sediment control regulations,COMAR 26.17.01, the Standards and Specifica-tions, or the protection of the public health andsafety.

F. Permittee Responsibility.1. The permittee shall maintain a copy of the

approved erosion and sediment control plan onsite.

2. The permittee shall adhere to the condi-tions of the permit, the approved erosion and sed-iment control plan, this chapter, and written en-forcement instructions issued by the Commission.

3. On all project sites with disturbed areas inexcess of two acres (3,000 linear feet of utility cor-ridor), the permittee shall request that the Com-mission inspect work completed at the stages ofconstruction specified below to ensure compliancewith the approved erosion and sediment controlplan, the utility erosion and sediment control per-mit, and this chapter:

a. Upon completion of installation ofperimeter erosion and sediment controls, prior toproceeding with any trenching or other land distur-bance; and

b. Upon final stabilization before the re-moval of sediment control measures. (REG-IFSM-EC-2014-002 § VI)

Inspection.A. Inspection Authority and Jurisdiction. For

all construction in Montgomery and PrinceGeorge’s Counties:

1. The Commission shall have the authorityto inspect and enforce compliance with permitconditions and approved erosion and sediment

control plans and this chapter on utility construc-tion sites.

2. Any authorized inspection agency otherthan the Commission shall provide the Commis-sion with notice of any violations cited and anyother enforcement actions deemed appropriate bythe authorized inspection agency.

B. Inspection Requirements.1. Every active project site having an erosion

and sediment control plan (major utility construc-tion projects) should be inspected for compliancewith the approved plan once every 14 calendardays on average.

2. The enforcement official shall preparewritten reports after every inspection. The inspec-tion report shall describe:

a. The date and location of the site inspec-tion;

b. Whether or not the erosion and sedi-ment control plan has been properly implementedand maintained;

c. Any practice deficiencies of erosion andsediment control plan; and

d. If a violation exists, the type of enforce-ment action taken or recommendation.

3. The Commission shall notify the responsi-ble person and the permittee in writing when vio-lations are identified, describing:

a. The nature of the violation;b. The required corrective action; andc. The time period in which the violations

must be corrected.C. Right of Entry. It shall be a condition of

every permit that the Commission has the right toenter the property of the utility construction site toinspect for compliance with this chapter, the per-mit, and the approved erosion and sediment con-trol plan.

D. Modifications to Erosion and SedimentControl Plans. The Commission may revise ap-proved erosion sediment control plans as it deemsnecessary based upon inspection of the utility con-struction site or other circumstances. See WSSC11.30.050(C).

E. Complaints. The Commission shall reviewcomplaints concerning utility construction and ini-tiate enforcement procedures when violations areconfirmed. Any complaints received shall be actedupon, routinely within three working days, and



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11.30.080

11.30.090

11.30.100the complainant shall be notified of any action orproposed action routinely within seven workingdays of receipt of the complaint. (REG-IFSM-EC-2014-002 § VII)

Enforcement procedures.A. When the Commission determines that a vi-

olation of the approved erosion and sediment con-trol plan, this chapter, or the permit has occurred,the enforcement official shall notify the permitteein writing of the violation, describe the requiredcorrective action(s), and the time period in whichthe permittee must correct the violation. The en-forcement official shall recommend that the Com-mission initiate administrative, civil, or criminalactions against the permittee.

B. If the violation persists after the date speci-fied for corrective action in the notification of theviolation, the Commission shall issue a stop worknotice for the utility construction site or instituteadministrative or civil or criminal action as neces-sary against the permittee. The Commission’s stopwork notice shall require the permittee to discon-tinue all work on the project site except work nec-essary to correct the violation.

C. The Commission shall deny issuance ofother utility erosion and sediment control permitsto an applicant when it determines that the appli-cant is not in compliance with approved erosionand sediment control plan, this chapter, or an ex-isting permit.

D. If a person is working without a permit, theCommission shall issue a stop work notice forthe utility construction site except and/or instituteadministrative, civil or criminal action as neces-sary against the responsible party. (REG-IFSM-EC-2014-002 § VIII)

Severability.If any portion of this chapter is for any reason

held invalid or unconstitutional by any court ofcompetent jurisdiction, such portion shall bedeemed a separate, distinct, and independent pro-vision, and such holding shall not affect the valid-ity of the remaining portion of this chapter. (REG-IFSM-EC-2014-002 § IX)

Penalties and appeals.A. Penalties.

1. Pursuant to the provisions of the PublicUtilities Article, § 29-101, Annotated Code ofMaryland, any person who violates any provisionof this chapter is guilty of a Commission infractionand upon receipt of a citation by the Commissionshall pay to the Commission a civil monetary finein the amount set forth herein. Each day that a vi-olation remains uncorrected is a separate Commis-sion infraction subject to an additional citation andfine. The civil monetary fine for a Commission in-fraction shall be $250.00.

For a repeated infraction, the following finesshall apply:

a. Second violation: $500.00.b. Third violation: $750.00.c. Each violation in excess of three:

$1,000.2. Any agency whose approval is required

under this chapter or any interested person mayseek an injunction against any person who violatesor threatens to violate any provision of this chap-ter.

3. In addition to any other sanction under thischapter, a person is liable for a civil penalty as pro-vided in this subsection if the person:

a. Clears, grades, transports, or otherwisedisturbs land without first installing erosion andsediment controls in accordance with an erosionand sediment plan or permit; or

b. Fails to establish erosion and sedimentcontrols in accordance with an erosion and sedi-ment plan or permit within the time specified byan order issued by the Commission or to maintainthose erosion and sediment controls.

4. The Commission may recover a civilpenalty under this subsection in a civil action in anamount equal to double the cost of:

a. The installation of erosion and sedimentcontrols in accordance with an erosion and sedi-ment plan or permit;

b. Maintaining erosion and sediment con-trols in accordance with an erosion and sedimentcontrol plan or permit; and

c. The permanent restoration of the dis-turbed land to a stable condition.

5. The Commission may recover a civilpenalty under this subsection on proof of costs as


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specified herein, without the necessity of provingthat the Commission performed work or incurredexpenses. If the person has made the required cor-rections within the time specified by an order is-sued by the Commission, the Commission mayrecover a civil penalty under this subsection in anamount equal to not more than 50 percent of thecosts specified herein.

6. Any damages recovered in accordancewith this subsection shall be deposited in a specialfund, to be used solely for:

a. Correcting to the extent possible thefailure to implement or maintain erosion and sedi-ment controls on utility construction sites; and

b. Administration of the program.B. Appeals. Any person aggrieved by the deci-

sion to issue a stop work notice for a project mayrequest reconsideration of the decision by appealprocess of the Commission. The request for recon-sideration shall specify, in writing, the reason whythe stop work order notice should be reconsidered.(REG-IFSM-EC-2014-002 § X)




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11.110.01011.110.02011.110.03011.110.04011.110.050

11.110.010

11.110.020

11.110.030

11.110.040

11.110.050

Subtitle IV. Infrastructure Engineering,Design and Review

Chapter 11.110

ADDITION, DELETION, OR REVISION OFCOMPUTER AIDED DESIGN ANDDRAFTING (CADD) STANDARDS

Sections:Purpose.Policy.Definitions.Access.Procedure.

Purpose.A. To establish a procedure that will control

and ensure consistent electronic deliverable prod-ucts produced for the Washington Suburban Sani-tary Commission (WSSC).

B. To establish a design and drafting procedureto add, delete, or revise the computer aided designand drafting (CADD) standards. (PD 2000-01 § I)

Policy.A. It is the responsibility of the CADD Stan-

dard Committee (Appendix A☰) to evaluate andrevise the existing CADD standards, and createnew standards requested by the users.

B. It is the responsibility of all Office Managersto require their employees, and through their Pro-ject Managers all consultants, and contractors touse these standards for all electronic deliverableproducts such as contract plans, sketches, or re-ports. (PD 2000-01 § II)

Definitions.“Computer aided design and drafting (CADD)”

means a computer application used in the devel-opment and management of various documents inelectronic format. It can vary from a single lineor point to complicated and complex three-dimen-sional facilities.

“Computer aided design and drafting (CADD)standards” means a developed uniform approachto presentation graphics and associated attributes.Presentation graphics typically consist of drawingelements such as lines, arcs, shapes, text, and theirattributes (line color, line width, and line type).

“External users” means anyone who is not aWSSC employee and does not have access to thenetwork system of WSSC.

“Internal users” means all employees and on-site contractors of WSSC. (Amended during 2019codification; PD 2000-01 § III)

Access.A. Internal Users. Any internal user can down-

load a copy of the standards from Microsoft Ex-plorer in the computer workstation. The user canalso set up the base drawings using drawing setuputility in the CADD program.

B. External Users. Any external user can down-load a hard copy and the base drawing setup pro-cedures of the standards from “Doing Businesswith WSSC” on the WSSC website (www.wss-cwater.com). (Amended during 2019 codification;PD 2000-01 § IV)

Procedure.A. As of the date of approval of the procedure

codified in this chapter, WSSC CADD standardswill be effective immediately.

B. The core team members (Appendix A☰) ofthe CADD Standards Committee are the contactpersons to all users.

C. At any time, anyone can submit commentsand suggestions using the Revision Request Formin the hard copy of these standards to the contactpersons.

D. The CADD Standard Committee will meetin the first week of January, April, June, and Sep-tember, unless otherwise dictated by an urgentneed, to evaluate, discuss, and recommend anydeletion, revision, or addition to these standards.Under an emergent situation, the Chairman cancall a special meeting.

E. The CADD Standard Committee will decidewhether to approve the changes and will notify therequestor of the decision. The approved changeswill immediately be incorporated into the onlinedocument. All internal users will be notified byemail. All external users will be notified by the in-dividual Project Manager. (PD 2000-01 § V)

11.110.010 ADDITION, DELETION, OR REVISION OF CADD STANDARDS

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11.115.01011.115.02011.115.03011.115.040

11.115.050

11.115.010

11.115.020

11.115.030Chapter 11.115

COMPREHENSIVE COLLECTIONSYSTEM AND MAINTENANCE PLAN –

NEW SEWER DESIGN ANDCONSTRUCTION

Sections:Purpose.Scope of policy.Procedures.Specific Consent Decreerequirements.Appendices.

Purpose.To describe how new sewer segments, laterals

and connections must be designed and constructedto prevent sanitary sewer overflows (SSOs) and in-filtration/inflow (I/I). (CUS 07-11 § I)

Scope of policy.A. This chapter is intended to address the fol-

lowing:1. How new sewer segments, laterals and

connections are processed, scheduled and con-structed.

2. Material selection and connection to exist-ing structures.

3. Quality assurance/quality control proce-dures prior to, during, delivery and storage of ma-terials and during construction.

4. Site condition requirements.5. Examination of materials and construction

site.6. Construction methods and requirements.7. Field quality control testing.8. How information regarding new sewer

segments and connections are filed/stored/inputinto the database.

B. Construction of sewer extensions and con-nections is necessary to serve new development, toserve properties abutting existing sewers, to serveareas with failing septic systems, and to replace orrelieve failing infrastructure.

C. WSSC will maintain an active database ofsewer construction performed in the past and cur-rent contracts scheduled for bidding and futureconstruction. (CUS 07-11 § II)

Procedures.A. References to WSSC General Conditions

and Standard Specifications for Construction andStandard Details in this chapter refer to the mostcurrent version available.

B. New Development.1. Developers and builders are responsible

for designing and constructing the sewers if theyserve two or more proposed single-family units.Applications for service are made through the De-velopment Services Group. WSSC does developand maintain an active database of regions whichare scheduled for development and the construc-tion of new sewer segments. In the case of new de-velopment, the schedule will be determined by thedeveloper and approved by WSSC.

2. New sewer segments and connectionsmust be designed and built in accordance with ap-plicable WSSC Pipeline Design Manual (WSSCChapter 11.130), General Conditions and StandardSpecifications for Construction, and Standard De-tails for Construction.

3. The materials, methods, and constructionof new sewer segments and connections are sub-ject to WSSC inspection and approval.

C. Service to Replace Septic Systems.1. Failing septic systems are documented by

each county health department and public sewer ismade available if financially feasible.

2. Applications for service are processedthrough the Development Services Group.

3. The status of all applications and resultingcontracts for the construction of new sewer seg-ments and/or connections to serve areas with fail-ing septic are actively maintained by WSSC in acentral database for new sewer construction. Theschedule for construction is dependent on WSSCcompleting the design plans and the homeownermeeting project conditions such as paying the ser-vice connection fee and a deficit amount, if applic-able.

4. New sewer segments and connectionsmust be designed and built in accordance with ap-plicable WSSC Pipeline Design Manual, GeneralConditions and Standard Specifications for Con-struction, and Standard Details for Construction.

5. The materials and methods of constructionof new sewer segments and connections will besubject to WSSC inspection and approval.



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11.115.040

11.115.050

D. Materials Selection. Refer to the WSSCPipeline Design Manual, General Conditions andStandard Specifications for Construction, andStandard Details for Construction for materials se-lection requirements. Copies of the table of con-tents for each of these documents are included asAppendices B☰, C☰ and D☰, respectively.

E. Site Conditions and Materials Handling. Re-fer to the WSSC Pipeline Design Manual, GeneralConditions and Standard Specifications for Con-struction, and Standard Details for Constructionfor site conditions and materials handling require-ments. Copies of the table of contents for each ofthese documents are included as Appendices B☰,C☰ and D☰, respectively.

F. Sanitary Sewer Pipe Placement. Refer to theWSSC Pipeline Design Manual, General Condi-tions and Standard Specifications for Construc-tion, and Standard Details for Construction forsanitary sewer pipe placement requirements.Copies of the table of contents for each of thesedocuments are included as Appendices B☰, C☰and D☰, respectively.

G. Installation of Sewer SystemAppurtenances. Refer to the WSSC Pipeline De-sign Manual, General Conditions and StandardSpecifications for Construction, and Standard De-tails for Construction for installation of sewer sys-tem appurtenances requirements. Copies of thetable of contents for each of these documents areincluded as Appendices B☰, C☰ and D☰, re-spectively.

H. Sewer Connections. Refer to the WSSCPipeline Design Manual, General Conditions andStandard Specifications for Construction, andStandard Details for Construction for sewer con-nection requirements. Copies of the table of con-tents for each of these documents are included asAppendices B☰, C☰ and D☰, respectively.

I. Installation of Manholes. Refer to the WSSCPipeline Design Manual, General Conditions andStandard Specifications for Construction, andStandard Details for Construction for manhole in-stallation requirements. Copies of the table of con-tents for each of these documents are included asAppendices B☰, C☰ and D☰, respectively.

J. Field Testing Following Installation. Referto the WSSC Pipeline Design Manual, GeneralConditions and Standard Specifications for Con-

struction, and Standard Details for Constructionfor field testing requirements. Copies of the tableof contents for each of these documents are in-cluded as Appendices B☰, C☰ and D☰, respec-tively.

K. Recording and Maintaining Testing andInspection Results. Refer to the WSSC PipelineDesign Manual, General Conditions and StandardSpecifications for Construction, and Standard De-tails for Construction for recording and maintain-ing testing and inspection results requirements.Copies of the table of contents for each of thesedocuments are included as Appendices B☰, C☰and D☰, respectively. (CUS 07-11 § III)

Specific Consent Decreerequirements.

(See Appendix A☰ for relevant excerpts.)WSSC will develop a collection system oper-

ations and maintenance plan which will includeprocedures for ensuring that new sewer segmentsare designed and constructed to prevent sanitarysewer overflows and new connections of stormwa-ter inflow. The O&M plan will include proceduresfor testing of new sewer segment installations.These requirements will become enforceablewithin 90 days following entry into the ConsentDecree. (CUS 07-11 § IV)

Appendices.A. Appendix A☰. Excerpts Related to New

Sewer Design and Construction from the ConsentDecree.

B. Appendix B☰. Table of Contents – PipelineDesign Manual.

C. Appendix C☰. Table of Contents – GeneralConditions and Standard Specifications for Con-struction.

D. Appendix D☰. Table of Contents – Stan-dard Details for Construction. (CUS 07-11 § V)

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11.120.01011.120.01511.120.02011.120.03011.120.040

11.120.05011.120.06011.120.07011.120.08011.120.09011.120.10011.120.11011.120.12011.120.13011.120.140

11.120.15011.120.16011.120.17011.120.18011.120.19011.120.200

11.120.21011.120.220

11.120.23011.120.24011.120.250

11.120.26011.120.27011.120.280

11.120.29011.120.30011.120.31011.120.320

11.120.33011.120.340

11.120.35011.120.360

11.120.37011.120.38011.120.39011.120.40011.120.41011.120.42011.120.430

11.120.44011.120.45011.120.46011.120.47011.120.48011.120.49011.120.50011.120.510

11.120.010

Chapter 11.120

MECHANICAL AND ELECTRICALDESIGN GUIDELINES FOR LOW-FLOW

WASTEWATER PUMPING STATIONSUSING SUBMERSIBLE NONCLOG PUMPS

OR SUBMERSIBLE GRINDER PUMPS

Sections:


Introduction.Attached drawings.Pumping station design.General arrangement.Access.

Article II. Wetwell

Construction.Size.Access.Isolation valve.Screen.Platform and grating.Pump units.Heating and ventilation.Odor control.Electrical equipment and lighting.

Article III. Valve Vault

General.Construction.Valve vault overall size.Equipment.Heating and ventilation.Electrical equipment and lighting.

Article IV. Safety

Fire extinguishers.First aid kit.

Article V. Electrical Service and Distribution

Service voltage.Power supply reliability.Interfacing with the powercompany.

Power company metering.Power distribution.Conduits, wiring, type ofenclosures, etc. – General.

Article VI. Controls and Instrumentation

General.Control functional requirements.Sequence of operation.Ultrasonic leveltransducer/transmitter.Instrumentation cabinet.Installation of the ultrasonic leveltransducer.Alarms and indications.Supervisory control and dataacquisition (SCADA) system.

Article VII. Standby Generator

Sizing.Equipment.Fuel oil system.Exhaust system.Starting system.Control panel.Automatic transfer switch.

Article VIII. Other Guidelines

Water service.Flow metering system.Above-grade cabinet construction.Painting.Noise control.Station lighting.Telephone service.Air analyzer system.


Introduction.The purpose of this guideline is to provide the

basic requirements and design features for low-flow wastewater pumping stations using pump-motor units of the submersible nonclog type or ofthe submersible grinder type. It has been compiledas an aid to consulting engineers in the engineeringand design of such stations. It is recommended thatthe WSSC and the consultant review the applic-



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11.120.020

11.120.030

ability of these requirements and design featuresand the need for any modifications before the de-sign of any pumping station of this type is started.

Wastewater pumping stations using submersiblenonclog or submersible grinder pumps may beused under the following conditions:

A. Station peak flow is less than 1,000,000 gal-lons per day (694 gpm) for submersible, nonclogpumps.

B. Station peak flow is less than 72,000 gallonsper day (50 gpm) for submersible grinder pumps.

C. Station total dynamic head does not requiretwo pumps in series.

D. Station depth from grade to wetwell bottomis no more than 25 feet.

E. Weight of pump unit does not exceed 1,500pounds. (Design Guideline DG-08 § 1.0, datedAugust 2006)

Attached drawings.The following drawings are attached to the

guidelines codified in this chapter:A. DG-08-01☰. Rectangular Cross Section

Wetwells for Non-Clog Pumps and Valve VaultLayouts.

B. DG-08-01A☰. Circular Cross SectionWetwells for Non-Clog Pumps and Valve VaultLayouts.

C. DG-08-01B☰. Wetwells for Grinder Pumpsand Valve Vault Layouts.

D. DG-08-02☰. Non-Clog Pump Site Layout,Water Piping Schematic and Valve Vault Layout.

E. DG-08-02A☰. Grinder Pump Site Layout,Water Piping Schematic and Valve Vault Layout.

F. DG-08-03☰. Power Distribution One LineDiagram.

G. DG-08-04☰. Pump Control Schematics.H. DG-08-04A☰. Power and Control Enclo-

sure Details.I. DG-08-04B☰. Schedules for Panels “H” and

“L”.J. DG-08-05☰. SCADA System Schematic.K. DG-08-06☰. Heating and Ventilation, and

Air Analyzer Schematics.L. DG-08-07☰. SCADA Pole Details and

SCADA System Block Diagram. (Design Guide-line DG-08, dated August 2006)

Pumping station design.The design of the pumping station shall be coor-

dinated with the design of the force main as appro-priate. For guidelines for force main design (gen-eral design and hydraulic design), see the WSSCPipeline Design Manual (WSSC Chapter 11.130).Minimum pipeline velocity shall be kept abovetwo feet per second.

System head-capacity curves shall be accuratelydeveloped (in conjunction with force main sizing)in order to properly select the best wastewaterpump. A Hazen-Williams C factor of between 100and 120 shall be used.

System head curve with the pump characteristiccurve superimposed showing operating points(with C = 120) and pump performance curvesshowing range and efficiencies, shall be submittedfor review and approval. Backup data on forcemain sizing shall also be submitted for review. Forgrinder wastewater pumping stations, hydrauliccalculations demonstrating that the grinder pumpsare sufficiently sized to send wastewater to thenearest existing gravity sewer or force main shallbe submitted for review. System head curve withpump curve superimposed shall be included in thecontract drawings.

If considered necessary by the consultant andif approved by the WSSC, a surge analysis shallbe done for the submersible, nonclog pumping sta-tions to evaluate the need for incorporating a surgerelief valve for waterhammer control. (DesignGuideline DG-08 § 2.0, dated August 2006)

General arrangement.A. The submersible, nonclog pumping station

shall consist of:1. A wetwell to receive, screen and store the

wastewater for a brief period before it is pumpedand to house the submersible pumps;

2. A vault near the wetwell to house the dis-charge piping, valves and flow meter; and

3. Weatherproof, aboveground cabinets tohouse the electrical power, station controls, air an-alyzer, instrumentation, standby generator controlsand communications equipment.

B. The submersible grinder pumping stationshall consist of:

1. A wetwell to receive and store the waste-water for a brief period before it is pumped and tohouse the grinder pumps;

11.120.015 GUIDELINES FOR LOW-FLOW WASTEWATER PUMPING STATIONS

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11.120.040

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11.120.060

2. A vault near the wetwell to house the dis-charge piping, valves and flow meter; and

3. Weatherproof, aboveground cabinets tohouse the electrical power, station controls, air an-alyzer, instrumentation, standby generator controlsand communications equipment.

C. A backflow preventer assembly on the waterservice shall be located above grade near the valvevault.

D. A site plan showing the general arrangementis shown on Drawings DG-08-02☰ andDG-08-02A☰. However, rearrangement may berequired depending on site conditions and align-ments of incoming sewer line and the forcemain.(Design Guideline DG-08 § 3.0, dated August2006)

Access.A paved access road shall be provided from the

nearest existing roadway for vehicles to reach thepumping station. The access road shall be at least12 feet wide. A gate as per WSSC Standard De-tail M 11.0 shall be provided at the entrance tothe access road. The gate location shall be suchthat a vehicle can be pulled off the existing roadand safely parked between the existing road andthe gate on the access road (before the gate is un-locked for station access or locked to secure thestation). Bypassing the gate shall be rendered dif-ficult by appropriate means.

The access road construction shall be in accor-dance with the county standards for secondary res-idential roads.

Paved parking space for at least two one-tontrucks with a sufficient turnaround area shall beprovided at the pumping station. (Design Guide-line DG-08 § 4.0, dated August 2006)

Article II. Wetwell

Construction.The wetwell for submersible, nonclog pumping

stations shall be of reinforced concrete construc-tion with walls coated with coal tar epoxy up tothe platform elevation. The epoxy coating shall besystem No. 12 per WSSC Standard SpecificationSection 09900.

The wetwell for submersible grinder pumpingstations shall be of fiberglass reinforced polyester(FRP) or of reinforced concrete construction and

shall have a circular cross section. Wetwells madeof reinforced concrete shall have their walls coatedwith coal tar epoxy up to the platform elevation.The epoxy coating shall be system No. 12 perWSSC Standard Specification Section 09900.

The roof slab shall be of reinforced concrete andshall be a minimum of six inches above final gradewith the exception of roof covers for submersiblegrinder pump stations that use FRP basins whichshall be of aluminum and shall be a minimum ofone inch above final grade. All conduit and pipepenetrations shall be made watertight and sealed towithstand a minimum of 25 feet of head of water.

A general arrangement of equipment in thewetwell, including access, ventilation, etc., isshown on Drawings DG-08-01☰, DG-08-01A☰,and DG-08-01B☰. (Design Guideline DG-08§ 5.1, dated August 2006)

Size.The wetwell shall be designed to accommodate

two identical pumps, one of which is a standby,each capable of handling the peak flow. Thepumps are not to be automatically alternated atevery start. The volumetric capacity of thewetwell, to prevent the overly frequent startingand stopping of pumps, may be determined usingthe following formula:

T =V

Q – Qin+

VQin

where T = Length of time between pump startsin minutes.

Q = Pump capacity in gallons per minute.V = Wetwell volume in gallons between lead

pump start and lead pump stop.Qin = In-flow rate in gallons per minute.The minimum pump cycle time occurs when the

pump capacity (Q) equals two times the inflow(Qin). The volume required for a single constantspeed pump to maintain a given minimum cycletime is:

V = T*Q4

For T, use the minimum restart time for the mo-tor or seven minutes, whichever is greater.



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11.120.090

11.120.100

The physical size of the wetwell structure mayneed to be larger because of other considerationslike physical size and spacing of pumps, bar rack,sluice gate, access and working space require-ments, etc. The wetwell structure shall be sizedtaking all these factors into consideration.

The length of time between pumping cycles isthe retention time. Retention time must be limitedto acceptable limits so that bacterial action takingplace in the wetwell does not cause an odor prob-lem in the vicinity. When sizing the pumps, ve-locity in the forcemain is also to be considered toprevent sedimentation. As many different and of-ten conflicting aspects of the overall system haveto be considered in selecting the pumps, wetwellvolume, etc., this process shall be done in closeconsultation with the WSSC on a case-by-case ba-sis. (Design Guideline DG-08 § 5.2, dated August2006)

Access.Personnel access to the wetwell shall be by

means of a 36-inch-by-36-inch (minimum size)lockable aluminum hatch and aluminum ladder,with grab bars suitably located. The ladder shallhave nonskid rungs and shall extend down to thegrating level. Another ladder shall be provided toreach the bottom of the wetwell from the gratinglevel if the elevation difference exceeds three feet.See WSSC Standard Detail M/15.0 for grab bardetails and M/16.0 for ladder details. Removal andreinsertion of pumps shall be through the person-nel access hatch when possible. Separate hatchesfor equipment removal shall be provided for eachpump if warranted by the external dimensions ofthe pump.

The access hatch covers shall be watertight andset flush with the top of the roof slab. Hatchesand hatch door requirements shall be as detailedin WSSC Standard Specifications for hatches andhatch doors for vaults, Section 05500, subsectionII. In addition, padlocking provisions must be pro-vided to allow the hatch to be securely locked.

Drain lines shall be provided from the drain fit-ting at the hatch(es) to an elevation below the grat-ing level.

Removable bollards and chains shall be pro-vided around the access hatch for safety when per-forming maintenance around the pumps and other

equipment. (Design Guideline DG-08 § 5.3, datedAugust 2006)

Isolation valve.For isolating the wetwell of submersible non-

clog pumping stations for maintenance purposes, asluice gate of the nonrising stem type (with a two-inch square nut operator in a flush floor box to en-able operation from the top of the wetwell using aT-wrench) shall be provided inside the wetwell onthe influent pipe. Stem guides shall be provided asrequired.

For isolating the wetwell of submersible grinderpumping stations for maintenance purposes, a di-rect-buried eccentric plug valve (with a two-inchsquare nut operator in a valve box flush with gradeto enable operation from ground level using a T-wrench) shall be provided adjacent to the wetwellon the influent pipe. (Design Guideline DG-08§ 5.4, dated August 2006)

Screen.To remove larger solid materials and rags in or-

der to protect the submersible nonclog pumps, aremovable bar rack type screen shall be providedwhere the wastewater enters the wetwell. Bar rackscreens will not be required for submersiblegrinder pumps. Bars shall be one-half inch in di-ameter at two and one-half inches on centers. Thebar rack shall be fabricated of aluminum withstainless steel fittings. The rack shall be designedto allow raking of trash onto a drainage plate. Theinfluent line and the bar rack shall be offset as faras possible towards the corner away from the land-ing area at the bottom of the ladder.

Adequate space (approximately three feet) shallbe provided to enable an operator to stand in frontof the drain plate and rake the trash from the barrack on to the drain plate. (Design GuidelineDG-08 § 5.5, dated August 2006)

Platform and grating.A working platform with grating shall be pro-

vided for inspection of the wetwell and to facilitatethe cleaning of the bar rack. The grating shall beof the serrated type, nonslip, without sharp points,made of aluminum as detailed in WSSC StandardSpecification Section 05500, subsection II. Safetyposts and three level safety chains shall be pro-vided around the bar rack. Safety handrails (three-


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11.120.120

rail system) and kickplate shall be provided at theedge of the platform on the pump side for sub-mersible nonclog pumping stations. (DesignGuideline DG-08 § 5.6, dated August 2006)

Pump units.There shall be two identical pumps, one of

which is a standby, and each pump shall be capableof handling the maximum flow. The pump-motorunits shall be of the submersible nonclog or thesubmersible grinder type, close-coupled, extraheavy duty units, designed to pump raw sewage.

A mixed-pair arrangement consisting of a sub-mersible nonclog pump and a submersible grinderpump is prohibited.

The submersible nonclog pump shall be capableof passing three-inch-diameter solids. The im-peller shall be dynamically balanced. The cutterand/or cutting implement(s) for submersiblegrinder pumps shall be made of hardened stainlesssteel.

Although low speed pumps (1,800 rpm and be-low) are generally preferred for the sake of re-ducing wear and extending bearing and seal life,higher rpm pumps are acceptable when there areno low speed pump alternatives available.

The motor shall be suitable for continuous dutywith moisture resistant, Class F insulation ratedfor a minimum 55°C temperature rise. The motorshall have a minimum service factor of 1.25 forone-half to one horsepower motors, and a mini-mum service factor of 1.15 for motors rated aboveone horsepower. Power and signal cables shall beof the SO type construction suitable for submer-sion in sewage and of adequate length. Strain reliefshall be provided at each entry into the pump unit.The cables shall be provided with cable supportsof the wire braid sleeve type with attachment tailsfor connection to the access hatch frame.

The pump shall have two mechanical seals atthe impeller shaft to prevent water from enteringthe motor. The pump units shall be equipped withmoisture sensors to indicate water leakage beyondthe lower mechanical seal. The pump units shallalso be provided with bimetallic heat sensors em-bedded in each phase winding of the motor (nor-mally closed contacts) connected in series withleads brought out. The moisture sensor (through arelay) and the heat sensors shall be wired to thepump control circuitry for protection.

The pump unit shall be suitable for use in ClassI, Division 1, Group D locations as defined by theNational Electrical Code.

The pump units shall be of the type easily re-movable and reinsertable, without entering thewetwell, by the use of a guide rail system. Theguide rail system shall be of stainless steel,mounted in place from the bottom of the wetwellto a point close to the access hatch. A bracket onthe pump unit shall mate with the guide rail. Thepump discharge flange shall fit to the dischargepipe by means of a quick-disconnect sealing typeflange.

A portable hoist of adequate capacity which canbe inserted in a socket embedded or anchored inthe top slab of the wetwell shall be provided toremove the pumps for inspection or servicing. Atruck-mounted crane also may be used to lift thepumps out of the wetwell. Adequate space for thisoperation shall be provided near the wetwell. Ven-tilation equipment shall be so located as not to ob-struct this operation.

Acceptable submersible nonclog pump manu-facturers: Fairbanks Morse, Flygt, Hydromatic,and KSB.

Acceptable submersible grinder pump manufac-turers: F.E. Meyers, Flygt, Goulds, and Hydro-matic. (Design Guideline DG-08 § 5.7, dated Au-gust 2006)

Heating and ventilation.Heating is not required for the wetwell.The wetwell shall be adequately and continu-

ously ventilated at a minimum 12 air changes perhour by the use of both a supply fan and an exhaustfan as recommended by National Fire ProtectionAssociation (NFPA) standard 820. Volume calcu-lations shall be based on the total air space abovethe minimum wetwell wastewater level and thebottom of the roof slab. Air changes shall be basedon 100 percent outside supply air. The maximumline air velocity through all ventilation piping shallbe 1,200 feet per minute.

Fresh air shall be delivered horizontally aboutone foot above the high wetwell alarm level on thepump side with the exhaust intake near the top ofthe wetwell on the inlet sewer side.

The system shall be designed so as to maintaina slightly negative pressure in the wetwell in ac-cordance with NFPA 820. Ducting inside the vault



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shall be of PVC. The ducts shall not interfere withaccess into and out of the wetwell or with the re-moval of pump units.

The fans shall be mounted on top of the wetwellslab if space permits or offset from the wetwell inweatherproof enclosures such that they do not in-terfere with the opening and closing of the hatches,the loading of the pump units onto a truck usingthe portable hoist, or with the lifting of the pumpsout of the wetwell using a truck mounted crane.

The fan enclosures shall be hingable, light-weight and vandal resistant. Fans shall be providedwith vibration isolation and flexible connections atthe fan inlet and exit.

Bird screens shall be provided on the inlet to thesupply fan and at the end of the discharge vent ofthe exhaust fan. Screens shall be one-quarter-inchsquare mesh, 16 gauge stainless steel.

As the fans are to run continuously, no controlsother than the branch circuit breakers are requiredin the control cabinet. Near the fans, manual motorswitches with thermal overloads, in lockableweatherproof enclosures, shall be provided. Properfunctioning of the ventilation system shall be mon-itored with vane switches in the supply air and ex-haust air ducts. Ventilation system failure shall belocally indicated and also transmitted through theSCADA system. (Design Guideline DG-08 § 5.8,dated August 2006)

Odor control.Sufficient space will be provided to allow the

possible post-construction startup addition of askid-mounted, activated carbon adsorption canis-ter, an air blower and air piping to control ob-served odor problems. (Design Guideline DG-08§ 5.9, dated August 2006)

Electrical equipment and lighting.Wetwells are classified as hazardous areas under

the definition of NFPA 820. When continuouslyventilated at 12 air changes per hour, wastewaterpumping station wetwells fall into the categoryof Class I, Division 2, Group D locations. Forelectrical installation requirements, see Article V,Electric Service and Distribution, and WSSC11.120.490, Station lighting. (Design GuidelineDG-08 § 5.10, dated August 2006)

Article III. Valve Vault

General.The valve vault shall house the pump check

valves, pump isolation valves, surge relief valves(where determined necessary), flow meter, utilitywater piping and valves, force main isolatingvalve, and associated piping. (Design GuidelineDG-08 § 6.0, dated August 2006)

Construction.The valve vault shall be of reinforced concrete

construction, rectangular in shape, and shall beprovided with a minimum 36-inch-by-36-inch alu-minum access hatch, aluminum ladder, grab bars,etc.

The floor of the vault shall be sloped one-quar-ter inch per foot towards a sump pit 18 inches longby 18 inches wide by 18 inches deep on one cornerof the vault. (Design Guideline DG-08 § 6.1, datedAugust 2006)

Valve vault overall size.The vault shall be sized to accommodate a sump

pit with a sump pump in addition to all the itemsof equipment listed above, with adequate workingclearance around all equipment. The vault shallhave a minimum depth of four feet. Pipe flangesshall be installed with sufficient clearances fromwalls and floors so that bolts can be inserted fromeither side of the flange and there is adequatespace for tools (a minimum of nine inches). Ad-equate supports for pipes, valves, etc., shall beprovided. (Design Guideline DG-08 § 6.2, datedAugust 2006)

Equipment.A. Piping and Valves.

1. A general arrangement of the requiredvalves and piping is shown on DrawingsDG-08-01☰, DG-08-01A☰, DG-08-01B☰,DG-08-02☰ and DG-08-02A☰. Reorientationand modification of this arrangement may beneeded depending on site conditions, forcemainalignment, etc.

2. The piping and fittings shall be cementmortar lined ductile iron. Pipe shall be joined bymeans of flanged connections.

3. The swing check valve shall be of the out-side lever and weight type. The valves for pump


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11.120.190

isolation and the valve on the discharge headerdownstream of the flowmeter shall be eccentricplug valves. The plug valves shall be oriented suchthat:

a. The rotation of the plug is about a hori-zontal axis.

b. The plug stores at the top when thevalve is open.

c. The seat is opposite the high pressureside (except for the plug valve on the bypass line).

4. These criteria shall be clearly indicated onthe contract drawings and also in the contract spec-ifications.

5. The bypass line back to the wetwell isfor pump testing purposes and the “pump around”connection consisting of an elbow pointing upwith a blind flange is for use in case of a completefailure of the pumping station.

6. Acceptable Manufacturers.a. Swing check valves: American Flow

Control, Apco-Willamette, GA Industries, Val-Matic.

b. Eccentric plug valves: DeZurik, Val-Matic, Victaulic (with flange end adapters only).

B. Sump Pump. A close-coupled submersiblesump pump with a capacity of 25 gpm and ad-equate TDH shall be provided in the sump. Thepump shall be a Hydromatic model SD33 or aGoulds model ST31, rated for 120V AC single-phase operation and supplied with a three-conduc-tor SO type cable and plug. Sump pump operationis to be controlled by a diaphragm switch.

The sump pump discharge shall be piped to thewetwell. The point of discharge shall be above thehighest expected wetwell level, but below the plat-form level.

C. Flow Meter. For all stations, a Venturi typeor electromagnetic type flow meter as discussedunder the section on flow metering shall be locatedinside the vault. (Design Guideline DG-08 § 6.3,dated August 2006)

Heating and ventilation.The vault shall be adequately and continuously

ventilated at a minimum six air changes per hourby the use of an exhaust fan and a supply fan asrequired by NFPA 820. Air changes shall be basedon 100 percent outside supply air. The exhaust in-take shall be near the underside of the top slab op-posite the location of the fan.

The fans shall be mounted on top of the valvevault slab in weatherproof enclosures such that itdoes not interfere with the opening and closing ofthe hatches or with the removal or installation ofvalve vault equipment.

The fan enclosures shall be hingable, light-weight and vandal resistant. The fans shall be pro-vided with vibration isolation and flexible connec-tions at the fan inlet and exit. Fan housings shallbe of cast iron, cast aluminum, or fiberglass rein-forced plastic (FRP).

The ventilation exhaust vent shall be takenthrough the side wall of the vault. The ventilationexhaust vent shall terminate with a 180-degreebend at least 18 inches above grade. The inlet ventshall also terminate with a 180-degree bend at least18 inches above grade. All ventilation piping lo-cated above grade shall be Schedule 40 steel pipe.The ventilation ducting inside the vault shall beSchedule 80 PVC pipe. The maximum line air ve-locity through all ventilation piping shall be 1,200feet per minute.

The 180-degree bends shall be fitted with 24mesh stainless steel insect screens. The ventilationpipe ends inside the vault shall be fitted with four-mesh stainless steel screens.

As the fans are to run continuously, no controlother than the branch circuit breaker is requiredin the control cabinet. At the vault, manual motorstarters with thermal overload shall be providednear the fan motors. This is based on the assump-tion that the fan motors will be fractional horse-power motors.

An adequately sized industrial quality electricheater with integral fan shall be provided to protectthe equipment inside the valve vault from freezing.The electric heater shall be constructed to with-stand vault washdowns. A design temperature dif-ference of 40°F and the ventilation rate of six airchanges per hour shall be used to size the unitheater. The unit heater shall be controlled by athermostat with a preferred range of 35°F to 65°F.The heater shall be wall mounted using wall brack-ets.

A. Acceptable ventilation fan manufacturers:1. Chicago Blower, 38-CPB design.2. Ceilcote, CLM Series.3. Cincinnati Fan and Ventilator Company,

LM or PB series.



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11.120.210

11.120.220

11.120.230

11.120.240

4. Greenheck Fan Corporation, series 21 or41.

5. Howden Buffalo, Baby Vent set.6. New York Blower, Pressure Blower series.

B. Acceptable electric unit heater manufactur-ers:

1. Chromalox, model HD3D.2. Indeeco, Triad model.3. Marley, W series.4. Qmark, type JUW.5. Ruffneck, type CR1 Triton.6. Trane, model UHRA. (Design Guideline

DG-08 § 6.4, dated August 2006)

Electrical equipment and lighting.The vault is considered as an unclassified area

under the definition of NFPA standard 820 whencontinuously ventilated at six air changes per hour.For electrical installation requirements, see ArticleV, Electric Service and Distribution, and WSSC11.120.490, Station lighting. (Design GuidelineDG-08 § 6.5, dated August 2006)

Article IV. Safety

Fire extinguishers.A multi-purpose fire extinguisher of 20 pounds

capacity, suitable for Class A, B and C fires andU/L listed, shall be provided and stored in theweatherproof storage cabinet. (Design GuidelineDG-08 § 10.1, dated August 2006)

First aid kit.One first aid kit (10-unit) in a prefinished steel

box shall be provided and stored in the weather-proof storage cabinet. (Design Guideline DG-08§ 10.2, dated August 2006)

Article V. Electrical Service and Distribution

Service voltage.The service voltage shall be 480/277 volts,

three-phase, four-wire or 208/120 volts, three-phase, four-wire.

Equipment voltage characteristics shall be asfollows:

Equipment Rating Voltage Phase

Motors 1/2 hp andbelow

120 V 1 ph

Motors above 1/2 hp 480 V

(208 V

3 ph

3ph)*

UnitHeaters

2 kW andbelow

208 V

(120 V

3 ph

1 ph)

UnitHeaters

3 kW andabove

480 V 3 ph

Lighting 120 V 1 ph

* where 480 V is not available.

(Design Guideline DG-08 § 13.1, dated August2006)

Power supply reliability.In an effort to prevent wastewater overflows and

backups caused by power outages, all wastewaterpumping stations are required to have standbypower, which will consist of a reliable second feedfrom the power company or an on-site standbygenerator.

For dual feeders from the power company, thefollowing criteria shall apply. The EPA design cri-teria calls for the two feeders to be fed from twoseparate substations. However, this is often im-practical and very costly, especially for smallpumping stations. Therefore, if the power com-pany’s substation is fed from more than one sourcewith the incoming feeders following separateroutes, two feeders to the pumping station fromnonadjacent bays at the power company’s substa-tion are acceptable. The two feeders shall followseparate routes so that chances of simultaneousdisruption of power will be minimized.

The feasibility, reliability and the cost of a sec-ond feed shall be carefully evaluated and com-pared to the cost of on-site generation and thebetter alternative shall be chosen with the concur-rence of the WSSC. The consultant shall performand submit to the WSSC for approval a presentworth analysis which compares a dual feed powerdistribution arrangement to the option of single


11-26


11.120.250

11.120.260

11.120.270

11.120.280

11.120.290

11.120.300

feed power distribution with a standby generator.(Design Guideline DG-08 § 13.2, dated August2006)

Interfacing with the powercompany.

All necessary interfacing with the power com-pany shall be done by the consultant from the startof the job. (Design Guideline DG-08 § 13.3, datedAugust 2006)

Power company metering.The power company billing meter shall be lo-

cated outside the pumping station building, in atamper-proof and weatherproof enclosure as re-quired by the power company, to facilitate meterreading. (Design Guideline DG-08 § 13.4, datedAugust 2006)

Power distribution.A. One-line diagrams for two feeds from the

power company are shown on DrawingDG-08-03☰.

B. To offer protection against transients causedby lightning, switching surges, etc., surge protec-tors shall be installed at the service entrance circuitbreaker in a NEMA 4X enclosure. To signal powerfailure at the station to the WSSC Control Center,a three-phase power monitor shall be installed atPanel H in a separate NEMA 4X enclosure.

C. Acceptable Manufacturers.1. Surge protector: General Electric (HESP)

or Joslyn.2. Power monitor: Time Mark Corporation

(three-phase power monitor Model 258). (DesignGuideline DG-08 § 13.5, dated August 2006)

Conduits, wiring, type ofenclosures, etc. – General.

All electrical equipment and wiring in thewetwell shall comply with the applicable provi-sions of National Electrical Code (NEC) Article501 for Class I, Division 2 locations.

A weatherproof (NEMA 4X) stainless steeljunction box for each pump unit, with the bottommounted no less than three feet above grade, shallbe the enclosure used for terminating the powerand signal cables.

These junction boxes along with other requiredjunction boxes shall be placed at locations acces-

sible in close proximity to the access hatch of thevault.

The conduit run containing electrical cables forcontrol and motor leads between the wetwell andjunction box shall include a Class I, Division 2 ex-plosion-proof seal.

The valve vault will be considered to be an un-classified area if continuously ventilated at a mini-mum of six air changes per hour.

All conduits underground, with the exception ofthe wetwell, shall be Schedule 80 PVC. Conduitsrun exposed in the valve vault shall be Schedule80 PVC. Conduits run within the wetwell shall bePVC-coated rigid galvanized steel. Minimum con-duit size shall be three-quarter inches. Provide aminimum of one-quarter-inch standoff support formounting on concrete and masonry surfaces.

Conductors shall be copper. Conductors No. 12AWG and No. 10 AWG shall be solid and No. 8AWG and larger shall be stranded.

All equipment on concrete and masonry wallsshall be mounted off the wall providing a mini-mum of one-quarter-inch air space using a unistrutor similar mounting system.

Warning tape with metallic lining shall be in-stalled over all underground conduit runs. (DesignGuideline DG-08 § 13.6, dated August 2006)

Article VI. Controls and Instrumentation

General.The pumping station will normally be unat-

tended and a control system shall be provided toautomatically control the operation of the pumpsas a function of the wastewater level in thewetwell.

The station operation is to be monitored at theWSSC Control Center through the supervisorycontrol and data acquisition (SCADA) system de-scribed in WSSC 11.120.360. (Design GuidelineDG-08 § 16.1, dated August 2006)

Control functional requirements.The control of the pumps shall be through ultra-

sonic level instrumentation.The level in the wetwell shall be sensed by an

ultrasonic level-sensing transducer connected to alevel transmitter (Rosemount 1151GP Smart Op-tion) capable of producing a four to 20 mA DCsignal proportional to the level in the wetwell. The



11-27


11.120.310

11.120.320

11.120.330

level transmitter output shall be wired in a cur-rent loop to three AGM modules (one for highwetwell level alarm and low wetwell level alarm,one for start/stop of the lead pump and one for thestart/stop of the lag pump), a digital level indica-tor and the remote terminal unit for transmissionof level to the Control Center.

Float switches (teardrop, tilting mercury type)shall be furnished as a back up for the highwetwell level alarm and the low wetwell levelalarm and pump cut-off, as the AGM modules aresusceptible to voltage surges.

The control system shall function as follows:In the automatic mode, the lead pump shall start

when its “start” level is reached, and shall bestopped when the wetwell has been pumped downto its “stop” level. If the inflow is more than whatthe lead pump can handle or if the lead pumpfails, the lag pump shall start when the wetwelllevel reaches its “start” point; and when the twopumps running together bring down the level tothe “stop” point of the lag pump, the lag pumpshall be stopped. The lead pump shall continue torun until the wetwell level has reached its “stop”level. A high wetwell level alarm shall be initiatedafter the lag pump is called to start.

The pumps are not to be automatically alter-nated at every start.

A wetwell low level/pump cut-off bypass circuitwith a timer shall be provided to enable operationsstaff to periodically “pump down” the wetwell sothat floating solids could be sucked up by thepump. (Design Guideline DG-08 § 16.2, dated Au-gust 2006)

Sequence of operation.When a start signal is initiated by the control

system, the starter of the respective pump motorshall be energized, provided the following permis-sives (as applicable) are met:

A. There is sufficient water in the wetwell (wa-ter level is above the emergency low level cut-off).

B. There is no undervoltage in any phase andthere is no phase reversal.

C. There is no pump lock-out due to overload,seal failure, valve failure or other abnormalities.

The ultrasonic transducer pump controlschematic and the wastewater pump motor controlschematic are shown on Drawing DG-08-04☰.


Ultrasonic leveltransducer/transmitter.

The ultrasonic level transducer and transmittertechnology uses an acoustic pulse that is emittedfrom a transducer towards the liquid surface to bemeasured. This acoustic pulse is reflected back to-wards the transducer and the time taken for thepulse to return is measured by microprocessor-based electronic circuitry. Varying liquid levelsproduce different return (reflection) times forwhich the acoustic pulse travels; consequently acontinuous electrical signal of varying magnitudesis produced by the transducer and fed to a trans-mitter.

The transmitter’s microprocessor mathemati-cally evaluates the signal and transposes it into ananalog signal that is readable and quantified over arange which is predetermined and proportional tothe minimum and maximum surface levels of theliquid being measured.

This analog signal is commonly produced in theform of an electrical current in the range of four to20 mA where the current of four mA represents theminimum liquid level and 20 mA represents thatof the maximum liquid level.

The ultrasonic level transmitter shall produce afour to 20 mA analog signal for the purpose ofpump control and alarm functions.

Instrumentation components for the sensing andmonitoring of the flow and wetwell levels shall be:

A. Ultrasonic level transducer.B. Flow regulator and sight flowmeter.C. Level transmitter.D. Alarm modules (by AGM Electronics, Inc.)

for pump control and alarm functions.E. Wetwell level gauge (digital LED readout).


Instrumentation cabinet.All of the required components shall be

mounted in a lockable and secure NEMA 4X en-closure that is wall-mounted on stainless steelmounting brackets located within close proximityto the wetwell and valve vault. The wetwell levelindicator, low wetwell level bypass switch, and thealarm indicating lights for the high wetwell level


11-28



11.120.340

11.120.350

and the low wetwell level shall be mounted ona display board in a NEMA 4X enclosure. Theflowmeter (digital LED readout) readout shall alsobe mounted in the same NEMA 4X enclosure asthat of the other instrumentation. For details ofthe instrumentation enclosure, see DrawingsDG-08-04☰, DG-08-04A☰, and DG-08-04B☰.(Design Guideline DG-08 § 16.5, dated August2006)

Installation of the ultrasonic leveltransducer.

The ultrasonic level transducer shall bemounted to facilitate a clear pathway for an emit-ted conical beam to travel without interference orreflectance from the wetwell wall, piping, accessladder, guide-rail, or any other possible means ofobstruction.

The transducer shall be rigidly mounted to afixed stainless steel bracket that provides ease of

access for maintenance and/or replacement. Elec-trical wiring from the transducer shall be housedin a three-quarter-inch liquid-tight flexible conduitnot to exceed three feet in length. The electricalwiring shall then continue in three-quarter-inchPVC coated rigid galvanized steel conduit throughthe wetwell wall with water-tight sealed penetra-tion to a minimum depth below grade of 18 inchesuntil terminated in a pedestal mounted instrumen-tation enclosure cabinet.

The mounting height of the transducer shall beat a distance where full coverage of the highestand lowest wetwell alarm levels can be accuratelyattained. (Design Guideline DG-08 § 16.6, datedAugust 2006)

Alarms and indications.The following local and remote alarms and indi-

cations shall be provided:

Alarm/Status Point Local Indication Remote (via SCADA)

Generator Running or Feeder No.1 Available (as applicable)

Yes (at the auto-transfer switch) Yes

Generator Running or Feeder No.2 Available (as applicable)

Yes (at Generator Control Panel – bymanufacturer) or at the auto-transferswitch (as applicable)

Yes

Power Failure None Yes

Low Wetwell Level Yes (white light at InstrumentationCabinet)

No

Battery Charger Failure (asapplicable)

Yes Yes

High Wetwell Level Yes (white light at InstrumentationCabinet)

Yes

Low Oxygen in Wetwell Yes (on air analyzer by manufacturer) Yes

High Combustibles in Wetwell Yes (on air analyzer by manufacturer) Yes

High Hydrogen Sulfide inWetwell

Yes (on air analyzer by manufacturer) Yes

Pump No. 1 Running Yes (on motor starter) Yes



11-29




Alarm/Status Point Local Indication Remote (via SCADA)

Pump No. 1 Malfunction Yes (on motor starter) Yes

Pump No. 2 Running Yes (on motor starter) Yes

Pump No. 2 Malfunction Yes (on motor starter) Yes

Wetwell Ventilation Failure Yes (on panel near air analyzer) Yes

Wetwell Level Yes (digital LED indicator atInstrumentation Cabinet)

Yesfour to 20 mA analogsignal

Station Flow Yes (digital LED indicator atInstrumentation Cabinet)

Yesfour to 20 mA analogsignal

Sanitary Sewage Overflow(SSO)

Yes (white light at InstrumentationCabinet)

Yes

Interface relays shall be provided to isolate theinputs to the remote terminal unit (RTU) from thefield contacts for status, alarms and controls. A120V AC relay to switch the 24V DC in the RTUshall be provided for each point. Relays shall bePotter and Brumfield type R10-El-Y2-115V ACmounted in an Iniven (Conolog Corp.) relay racktype ISK-12-120V AC. Each rack holds 12 relaysand takes up approximately an eight-inch-high-by-24-inch-wide space. Provide a total of 24 relaysin two racks in a 24-inch-wide-by-30-inch-high-by-12-inch-deep NEMA 4X cabinet enclosure.

A mercury-type float switch shall be providedin an appropriate and accessible part of the stationwetwell to provide a prompt indication of a sani-tary sewage overflow (SSO). The SSO alarm set-point shall be coincident with the lowest manwaycover elevation of any mainline gravity sewermanway that will be located on the upstream sideof the WWPS. The SSO alarm setpoint shall in-stead be coincident with the top elevation of theWWPS wetwell if the wetwell top elevation islower than the elevations of any manway coverconnected to the mainline gravity sewer feedingthe WWPS.

Field wiring to the relays and wiring to the RTUshall be color coded as follows:

ControlWiring

RED, for ungroundedconductors

WHITE, for neutral conductors

GREEN, for groundedconductors

(Note: All field wiring (including Status andAlarm) for Process Control I/O shall be 120V ACrated and shall be No. 14 AWG copper strandedTHHN.)

AnalogWiring

RED, for ungroundedconductors

BLACK, for ungroundedconductors

(Note: These two conductors for the analogwiring shall be No. 18 AWG, twisted and shieldedas a single pair instrumentation cable.)

The WSSC will terminate all the wiring in theRTU and at the low voltage side of the interfacerelay panel. The contractor is to leave a sufficientamount of slack at the RTU and at the interface re-lay panel, a minimum of four feet at each end to


11-30


11.120.360

11.120.370

11.120.380

allow terminating any wire on any terminal in thecabinets.

A separate 120V AC branch circuit shall be runfrom the lighting and control panel to the interfacerelay panel. Each relay rack shall be fed through alocal five-amp circuit breaker. (Design GuidelineDG-08 § 16.7, dated August 2006)

Supervisory control and dataacquisition (SCADA) system.

The SCADA system will telemeter the digitaland analog signals previously defined to theWSSC Control Center.

The station signals are to be connected to a re-mote terminal unit (RTU) in the station which willin turn be connected to either a radio unit at thestation if appropriate or to another existing facilitywhich has a radio, through a telephone line.

The WSSC will determine the method of trans-mission to be used, by performing field tests. Themounting location for the antenna, if radio trans-mission is to be used, will also be determined bythe WSSC by performing field tests.

The WSSC will furnish the following equip-ment for installation by the contractor:

A. One NEMA 4X enclosure approximately 24inches wide by 36 inches high by 16 inches deephousing the remote terminal unit and the radio.The contractor shall install the enclosure and pullwiring to it. Wiring terminations, programming,etc., will be done by the WSSC.

B. Antenna (Yagi type, 10 dB gain, Scalamodel TY-900). The antenna shall be mounted ona pole.

C. Antenna line (Andrew low loss foam dielec-tric, one-half-inch-diameter transmission line,model LDF4-50). The antenna line shall be run un-derground and it shall also be run in a two-inchSchedule 80 PVC conduit terminating at the pole10 feet above finished grade.

The pole is to be furnished by the contractor.Pole shall be noncreosote preservative treatedClass I wood pole. Height shall be as determinedby field tests. For SCADA pole and antennamounting details, see Drawing DG-08-07☰. (De-sign Guideline DG-08 § 16.8, dated August 2006)

Article VII. Standby Generator

Sizing.Where pump sizes are relatively small (up to 7.5

horsepower), the generator shall be sized to startand run both pumps and serve all other loads at thestation. When the pump sizes are 10 horsepower orlarger, the generator shall be sized to start and runone of the pumps and serve all other loads at thestation. The necessary interlocks shall be providedto prevent the lag pump from starting and runningwhen the station is on standby generator power.The lag pump shall be capable of starting and run-ning, however, if the lead pump fails to start. Thetransient voltage dip shall not exceed 20 percent.

Generator sizing calculations shall be furnishedfor review by the WSSC. (Design GuidelineDG-08 § 18.1, dated August 2006)

Equipment.If natural gas is available at the site, a generator

set fueled by natural gas is preferred to eliminatefuel storage equipment and the associated prob-lems.

If natural gas is not available, the standby gener-ator shall be driven by diesel fuel. The engine shallbe of the general purpose, stationary direct injec-tion, four-cycle, compression ignition type with ra-diator cooling. Maximum speed of the engine shallnot exceed 1,800 rpm. The generator shall be ofthe self-regulated type utilizing a brushless excita-tion system.

All accessories needed for proper operation ofthe engine/generator set shall be provided. Theseshall include a starting battery, battery charger,jacket water heater, critical area type exhaust si-lencer with flexible exhaust connections, vibrationisolators, antifreeze, a dual-wall, sub-base fuel oilstorage tank, engine generator control panel, gen-erator output circuit breaker and an automatictransfer switch. The engine/generator set shall behoused in a sound attenuating, weatherproof en-closure.

The engine/generator set shall be mounted ona raised concrete pad/foundation with anchoredmounting bolts. Vibration isolators shall be pro-vided.

Acceptable standby generator manufacturers:Caterpillar, Kohler, Onan. (Design GuidelineDG-08 § 18.2, dated August 2006)



11-31


11.120.390

11.120.400

11.120.410

11.120.420

Fuel oil system.The fuel storage tank shall have a capacity to

sustain the operation of the standby generator at itsfull rated capacity for two days.

The storage tank and the installation shall meetall current EPA and State of Maryland require-ments. The use of underground storage tanks shallnot be permitted. The storage tank shall be of thedual-wall, sub-base type mounted with the en-gine/generator set.

If it is determined that an auxiliary fuel storagetank is necessary, the auxiliary fuel storage tankshall be of the aboveground type. The above-ground storage tank shall be encased in a concreteshell and located near the standby generator. Theaboveground tank and underground piping shallhave secondary containment with a leak monitor-ing system. The leak monitoring system controlpanel shall be located in a nearby weatherproofcabinet.

The installation of all fuel storage tanks shallmeet the pertinent requirements of EPA, State ofMaryland and county regulations. Any inspectionand testing required shall be done by the contractorwith certificates furnished to the WSSC.

Fuel levels in storage tanks higher than the en-gine fuel injection valves shall be avoided.

A. Acceptable aboveground tank manufactur-ers:

1. ConVault.2. EnviroVault (Dunn Industries).3. Hoover Vault Tanks.

B. The following is a list of acceptable optionsthat shall be supplied with the aboveground fueltanks:

1. Vapor recovery systems.2. Leak detection monitors.3. Level indicators.4. Precast foundation pads.5. Collision protection bollards. (Design

Guideline DG-08 § 18.2.1, dated August 2006)

Exhaust system.The exhaust system shall be complete with flex-

ible connections, exhaust piping, condensationtrap with drain, exhaust silencer, support hard-ware, etc. The exhaust silencer shall be of the crit-ical area type and shall be sized to prevent exces-sive backpressure. The silencer and exhaust pipingshall be insulated and supported independently of

the engine. The end of the exhaust pipe shall havea 45-degree miter and shall be provided with a birdscreen. (Design Guideline DG-08 § 18.2.2, datedAugust 2006)

Starting system.The starting system shall consist of a 24-volt

battery system. The battery set shall consist of twoheavy duty 12-volt, lead-acid batteries designatedfor such a use. The battery set shall preferably belocated within the engine/generator set base.

Since the engine/generator set seldom runs longenough to maintain a full charge on the startingbatteries, an adequately sized automatic batterycharger of the solid state type shall be provided ina NEMA 4X pedestal mounted enclosure locatednear the engine/generator set. The charger shall beof the constant voltage, current limiting type. Thecharger shall float-charge the batteries and alsoprovide an equalized charge. The battery chargershall include the following additional features: DCvoltmeter and ammeter, AC input circuit breaker,DC output fuse, charger failure alarm contacts, andLED indications for AC input power “on,” chargemode, and equalize charge mode. (Design Guide-line DG-08 § 18.2.3, dated August 2006)

Control panel.A control panel unit mounted on the generator

end of the set shall be provided for the start-up,monitoring, and protection of the generator set.The control panel shall include a run-stop-remoteswitch to permit local testing of the set, the volt-meter and ammeter (with selector switches), thefrequency meter, the run time meter (nonresettabletype), the cranking control system, the automaticvoltage regulator, the exciter circuit breaker,gauges for oil pressure and coolant temperature,and a solid state engine monitoring system.

The cranking cycle shall consist of a 15-second“on”/15-second “off” cycle for three attempts. Ifthe engine fails to start, the cranking control sys-tem shall be locked out and an overcrank shut-down alarm shall be initiated. The engine shallalso be shut down and locked out upon encoun-tering overspeed, low lubrication oil pressure, andhigh engine temperature conditions. (DesignGuideline DG-08 § 18.2.4, dated August 2006)


11-32


11.120.430

11.120.440

11.120.450

11.120.460

Automatic transfer switch.The automatic transfer switch shall monitor the

utility power source, signal the engine/generatorset start-up, automatically transfer power, and re-turn the load to the utility source once the utilitypower returns and is stabilized.

Voltage monitoring shall be done on all phaseson each power source. Adjustable solid state timedelays shall be provided for engine start (zero tofive minutes), transfer (zero to 120 seconds), re-transfer (zero to 30 minutes), and for cool-downand stop (zero to 10 minutes). Other accessoriesshall include status indicating lights, auxiliary con-tacts, and a Hand-Off-Test-Auto selector switch.An automatic exerciser is not required.

The automatic transfer switch shall be of a typethat allows a short time delay while transferringthe load from the generator to the utility powersource, to allow induced voltages to decay, andto allow transfer without synchronizing the twosources.

Acceptable manufacturers: Onan, Russelectric.(Design Guideline DG-08 § 18.2.5, dated August2006)


Water service.Potable water supply is to be extended to the

station’s valve vault from the nearest existing wa-ter main. The station water service and piping shallbe of sufficient size to provide a flow of not lessthan 40 gallons per minute through a hose andnozzle to be used in the wetwell for washdownpurposes. The hose and nozzle, which will be fur-nished by the WSSC, will consist of a one-and-one-half-inch diameter rubber hose of a length suf-ficient to extend from the valve vault to thewetwell terminated with a plain, straight, taperednozzle 10 inches long with a one-half-inch orifice.The station service pipe nominal diameter shallbe two inches minimum with a shut-off valve atthe street and shall be run at least four feet belowgrade.

A shut-off valve and a WSSC water meter withbypass in accordance with WSSC Chapter 14.25shall be installed in the valve vault. Nonpotablewater shall be extended to a freeze-proof type wallhydrant (three-quarter-inch) connected to theabove-grade backflow preventer and to a one-and-

one-half-inch hose bib. A hose rack shall bemounted next to the hose bib.

A water piping schematic is shown on DrawingsDG-08-02☰ and DG-08-02A☰. Drainage fromthe backflow preventer shall be piped to the vaultsump. (Design Guideline DG-08 § 7.0, dated Au-gust 2006)

Flow metering system.For monitoring the pumping rate and to provide

historic data for future upgrading, the dischargeflow shall be metered with a flow meter on the dis-charge header or forcemain.

Flow meters of the Venturi Tube type are avail-able for forcemains sized three inches and larger.Flow indication (digital one-quarter-inch LEDreadout) is required at the pumping station at thecontrol panel and an analog flow signal is to betransmitted over the SCADA system to the WSSCControl Center. For this purpose the Venturi flowelement shall be connected to a Rosemount 1151GP Smart Option transmitter capable of producinga four to 20 mA DC signal proportional to thewastewater flow. A water purging system is not re-quired.

Electromagnetic flow meters with an output offour to 20 mA DC proportional to the flow areavailable for pipe sized one-half-inch and larger.

A straight approach pipe length of eight pipe di-ameters, or as recommended by the manufacturer(whichever is greater) shall be provided immedi-ately upstream of the flow measuring device.

Acceptable manufacturers:Venturi flow measuring device: Wyatt-Badger,

BIF, Primary Flow Signal.Magnetic flow meter: Bailey-Fischer and Porter

(ABB), Endress+Hauser, Foxboro, Rosemount,Sparling Instruments. (Design Guideline DG-08§ 8.0, dated August 2006)

Above-grade cabinetconstruction.

Aboveground, weatherproof cabinets conform-ing to the requirements of NEMA 4X enclosuresshall house the electrical power, control, air ana-lyzer, instrumentation and communications equip-ment. A weatherproof cabinet shall also be pro-vided for the storage of safety equipment and sta-tion operations documents. All cabinets shall bemounted on pedestals and/or brackets to allow



11-33



11.120.470

11.120.480

11.120.490

11.120.500

11.120.510

ease of access for operations and maintenance ac-tivities. Pedestals and/or brackets shall be of stain-less steel and corrosion resistant. All cabinets areto be lockable. See Drawings DG-08-04A☰ andDG-08-04B☰. Landscaping shall consist of mini-mal low maintenance evergreen shrubbery aroundthe station area (to be decided on a case-by-casebasis). (Design Guideline DG-08 § 9.1, dated Au-gust 2006)

Painting.Painting inside the wetwell and valve vault shall

conform to the WSSC Standard Specification Sec-tion 09900 and the attached standard Piping Colorand Identification Schedule☰ for WSSC waste-water facilities.

PVC pipes, stainless steel pipes, copper pipesand concrete need not be painted.

Specification Section 09900 shall be suitablyedited to reflect this. (Design Guideline DG-08§ 11.0, dated August 2006)

Noise control.The various systems shall be so designed that

the noise levels at the property line do not exceedthe limits set by county codes.

Sources of noise for exterior control are the ven-tilation fans, standby generator, check valves,pump operations, etc. Noise control worksheetsshall be completed and submitted for review doc-umenting noise control design data and calcula-tions. (Design Guideline DG-08 § 12.0, dated Au-gust 2006)

Station lighting.Station lighting shall be designed for sufficient

levels of illumination for the various areas. Thefollowing illumination levels (in foot-candles) arerecommended:

Wetwell 30 fc (at grating level)

Valve Vault 35 fc

Station Grounds 5-10 fc

Lighting fixtures shall be located so as to facili-tate relamping and maintenance.

Lighting fixtures in the wetwell shall be explo-sion-proof (listed as a minimum for use in Class I,Division 2, Group D locations) and corrosion re-sistant compact fluorescent with cast aluminum al-loy housing, clear globe and guard. Separate lightswitches with pilot lights for the wetwell and thevault shall be located in the control cabinet.

Lighting fixtures in the valve vault shall be cor-rosion resistant enclosed and gasketed compactfluorescents with clear globe and guard.

Exterior lighting fixtures shall be high pressuresodium, waterproof, vandal resistant and mountedon poles. Switch shall be located in the controlcabinet.

A strobe light fixture which is wall-mounted inthe wetwell shall be acceptable for use in ClassI, Division 2, Group D locations. The strobe lightfixture shall be incandescent and housed in a redlens with a protective guard. The strobe light is tobe activated by the air analyzer when hazardousgas/air alarm limits are attained and detected. (De-sign Guideline DG-08 § 14.0, dated August 2006)

Telephone service.A voice grade telephone line is needed at the

station for voice communication and at stationswhere the station signals have to be transmitted bytelephone to another nearby existing facility whichhas a radio, a four-wire data circuit (FDDA) is re-quired.

A telephone outlet shall be provided near theinterface relay cabinet. A one-inch empty conduitshall be provided from the remote terminal unitcabinet to the telephone backboard at stations withdata circuit.

Interfacing with the telephone company shallbe done by the consultant. WSSC will order thecircuits during the construction phase of the pro-ject. The contractor has to coordinate with the tele-phone company for the cable installation. A touch-tone telephone will be provided by the WSSC.(Design Guideline DG-08 § 15.0, dated August2006)

Air analyzer system.The air inside the wetwell shall be continuously

monitored to detect the presence of hydrogen sul-fide and combustible gases and for oxygen defi-ciency.


11-34






11.125.01011.125.02011.125.03011.125.04011.125.05011.125.060

11.125.07011.125.08011.125.09011.125.100

11.125.11011.125.12011.125.13011.125.14011.125.15011.125.16011.125.170

11.125.18011.125.190

11.125.20011.125.21011.125.22011.125.230

11.125.24011.125.25011.125.260

The air analyzer system shall consist of MSA(Mine Safety Appliance Company) Model 5300microprocessor based control unit with Trigassample flow system.

If hydrogen sulfide or combustible gas levelsare greater than their set points or if oxygen levelis below the setpoint in the wetwell, signals are tobe transmitted to the SCADA system (via interfacerelays). A strobe light in the wetwell is also to beactivated under such conditions.

The air analyzer control unit shall be located ina weatherproof control cabinet near the wetwelland the sample flow enclosure shall be mountedbelow or near the control unit. A one-quarter-inchnylon tubing in one-inch Schedule 80 PVC conduitshall be run from the pump enclosure to thewetwell for air sampling.

The strobe light in the wetwell shall be suitablefor use in hazardous locations (Class I, Division 2,Group D): Killark catalog number SHBG-2-23R,incandescent type, bracket mount with zenonlamp, red lens and guard.

Air analyzer system schematic is shown onDrawing DG-08-06☰. (Design Guideline DG-08§ 17.0, dated August 2006)

Chapter 11.125

MECHANICAL AND ELECTRICALDESIGN GUIDELINES FOR WATER

BOOSTER PUMPING STATIONS

Sections:


Introduction.Attached drawings.Pumping station capacity.Reliability.Interior arrangement.Access.

Article II. Pumps and Pump Motors

Pumps.Motors.Spare parts and special tools.Selection of pumps.

Article III. Pump Station Piping and Valves

Piping – Generally.Valves – Generally.Cavitation.Surge analysis.Orientation of valves.Exterior piping and valves.Water pumping station piping colorcode.

Article IV. Safety

Fire extinguishers.First aid kit.

Article V. Heating and Ventilation

General.Ventilation.Heating.Chlorine room ventilation.

Article VI. Electrical Service and Distribution

Utilization voltage.Power supply reliability.Standby generator.



11-35


11.125.27011.125.280

11.125.290

11.125.30011.125.31011.125.320

11.125.33011.125.34011.125.35011.125.36011.125.37011.125.38011.125.39011.125.400

11.125.41011.125.420

11.125.43011.125.44011.125.45011.125.46011.125.47011.125.48011.125.49011.125.50011.125.510

11.125.010

Power company metering.Interphasing with the powercompany.Power distribution.

Article VII. Controls and Instrumentation

General.In-line booster stations.Booster stations with pumpedstorage.Pressure sensor locations and vault.Communications.Control functional requirements.Sequence of operation.Pump sequence selection.Protection.Control voltage.Indications – Status andabnormalities.Instrumentation.Telemetering system.


Flow metering.Chlorination facilities – General.Station drainage.Restroom facilities and wastewater.Security.Painting.Noise control.Station lighting.Miscellaneous.


Introduction.This chapter is intended to facilitate engineering

and design of water booster pumping stations byconsultants or WSSC personnel. It provides thebasic requirements and design features, both me-chanical and electrical, for small and medium sizewater booster pumping stations (up to about 25mgd).

Booster pumping stations are installed to in-crease the pressure in a pipeline or in a zone ofthe distribution system, to aid in meeting peak de-mands such as fire demands, to supply water to el-evated storage tanks and for other purposes. Thebooster pumping stations covered here fall underthe following two main categories:

A. Booster pumping stations that draw suctionfrom the system mains and/or storage reservoirsand pump into a distribution system with elevatedstorage and isolated from the remainder of the sys-tem by the pumping station and valving. These sta-tions are necessitated because the pressure in thesystem mains served by other pumping stations isinsufficient to meet the water demands in somezones because of topography and other factors.These stations generally operate on level control.(These types of stations will be referred to as “in-line booster stations.”)

In-Line Booster Station

11.125.010 GUIDELINES FOR WATER BOOSTER PUMPING STATIONS

11-36


11.125.020

B. Booster pumping stations which draw suc-tion from storage reservoirs which normally getfilled from system mains and pump into the dis-tribution system when the pressure in the distrib-ution system normally fed from the system mains

falls. These stations are necessitated because of thedifficulty in getting elevated storage approved andbuilt. These stations generally operate on pressurecontrol. (These types of stations will be referred toas “booster stations with pumped storage.”)

Booster Station with Pumped Storage

This chapter does not cover hydraulic analysisstudy, criteria for determination of the type of sta-tion, siting, civil, structural and architectural as-pects, chlorination facilities or storage reservoirdesign, though some references are made.

The pumping station shall, in general, accom-modate the pumps, piping, valves, electrical, con-trol and communication equipment, emergencygenerator (if standby power source is consideredessential for the station and if reliable dual powerfeeds from the power company are not feasible)and chlorination system (if needed). (Amendedduring 2019 codification; 28-ME-DG-02 § 1)

Attached drawings.The following drawings are attached to the

guidelines codified in this chapter:A. DG-02-1☰.

1. Preferred Pumping Station Plan.2. Piping Schematic for Pumping Stations

with Pumped Storage.3. Piping Schematic for In-Line Booster

Pumping Stations.B. DG-02-2☰. Pump Discharge Valve Con-

trols.C. DG-02-3☰.

1. Power Distribution (480V) One-Line Dia-gram Single Feeder and Emergency Generator.

2. Power Distribution (480V) One-Line Dia-gram Dual Feeders.

3. Motor Center Layout.D. DG-02-4☰. Power Distribution – One-Line

Diagram 13.8KV-2400V or 4160V Substation andMotor Control Center.

E. DG-02-5☰. Elementary Breaker ControlSchematics.

F. DG-02-6☰. Pump Control Schematic – ForPumps with Hydraulic Pump Control Valve.

G. DG-02-6A☰. Pump Control Schematic –For Pumps without Hydraulic Pump ControlValve.

H. DG-02-7☰. Level Control Schematic (In-Line Booster Stations).

I. DG-02-8☰. Pressure Control Schematic(Booster Stations with Pumped Storage).

J. DG-02-9☰. Pump Sequence SelectionSchematic.

K. DG-02-10 ☰. Instrumentation and ControlSchematic – In-Line Booster Station.

L. DG-02-11☰. Instrumentation and ControlSchematic – Booster Stations with Pumped Stor-age.

M. DG-02-12☰. Remote Pressure SensorVault Details (for Booster Stations with PumpedStorage).

N. DG-02-13☰. Miscellaneous Details.O. DG-02-14☰. Control Schematics – Reser-

voir Fill Valve, Generator Interlock, Etc. (28-ME-DG-02)



11-37

https://municipal.codes/MD/WSSC/Code/Media/28MEDG02.pdf#page=43















11.125.030

11.125.040

11.125.050

11.125.060

11.125.070

Pumping station capacity.Determination of the capacity of the pumping

station (and storage reservoir) shall be based onthorough analysis of the proposed system and thefunction of the pumping station in the total systemoperation.

Present and future needs of the water require-ments, including flow for fire protection, shall bearrived at by a hydraulic analysis study. The analy-sis study should include full development de-mands.

Pumping station shall then be sized for antici-pated demands for 20 years or full development,with initial installation of only enough pumpingcapacity for five to 10 years, with provision for in-stalling additional pumps, as directed by future de-mands. The initial and the final installations shallinclude one spare unit of the largest size. (28-ME-DG-02 § 2)

Reliability.Design shall be such as to ensure reliability of

individual pieces of equipment and to avoid in-terruption to water service. Reliability considera-tion shall also be taken into account in the locationof the pumping station, power supply and choiceof equipment. Pumping units and auxiliary equip-ment should be of ample capacity and in sufficientnumbers of units to permit continuance of servicewith the largest unit out of service. The reliabilityof individual pieces of equipment depends on theirdesign, construction, installation, ease of mainte-nance, availability of spare parts, etc. Attentionto these factors to avoid interruption of service tocustomers is justified. (28-ME-DG-02 § 3)

Interior arrangement.The interior arrangement shall be such as to iso-

late chlorination, generator (if there is one), and re-stroom facilities from the main operating area orpump room for reasons of noise control, safety,and privacy. Separate exterior doorways shall pro-vide access to each isolated area, except the re-stroom.

Location and spacing of pumps, piping, andvalves shall be such as to provide ease of mainte-nance and ease of removal and replacement with-out disturbing other pieces of equipment. Ade-quate space shall be provided for installation offuture pumps to meet projected growth demand.

Design shall also allow for limited upgrading ofthe station without major structural or electricalchanges.

Pump elevation shall be such that the pumpswould operate under a positive suction head.

The motor control center shall be located at ahigher elevation than the pump room floor to pro-vide easy accessibility and convenience and to pre-vent damage by flooding.

There shall be enough stairs to provide accessto each pump without having to climb over pipes.The stairs shall conform to MOSH safety stan-dards, and shall be of aluminum.

Suction and discharge headers shall be locatedoutside the pumping station.

The main pump room shall be equipped with abridge type crane for servicing all equipment. Thecrane and hoist shall have a capacity to handle thebiggest piece of equipment at the station. Consid-eration shall be given to future possible upgradingof pumps and motors in selecting this capacity.

Space for driving trucks inside the station shallbe provided and the bridge crane shall be capableof traversing this area.

For facilities to handle chlorine containers, referto the Mechanical and Electrical Design Guide-lines for Chlorination Facilities.

A preferred pumping station plan showingphysical arrangement is shown in DrawingDG-02-1☰. (28-ME-DG-02 § 4)

Access.A paved macadam access road shall be provided

from the nearest existing roadway for vehicles toreach the pumping station. Adequate turnaroundarea shall be provided. (28-ME-DG-02 § 5)

Article II. Pumps and Pump Motors

Pumps.The pumps shall be horizontal, centrifugal, split

case, single stage with cast iron casing and en-closed double suction, bronze impellers. Pumpsshall have casing and impeller wear rings. Stuffingboxes shall be of the packing type with braidedgraphite asbestos. Motor to pump shaft couplingshall be of the flexible type with no nonmetallicpower transmitting components. Coupling shall beof the type having a flexible steel circumferentialgrid engaging two steel hubs or shall be of the gear


11-38



11.125.080 11.125.090

type. Couplings shall have removable grease lu-brication plugs and grease seals and hubs shall bekeyed to their respective shafts. Bearings may beof the ball type, grease lubricated for pumps below500 hp. For pumps 500 hp and above, split sleevebearings and Kingsbury type thrust bearings shallbe used, with water-cooling (with solenoid valve)for the thrust bearing, if necessary. The pump unitsshall be mounted on cast iron or structural steelframes (preferably cast iron) and shall be equippedwith:

A. Coupling safety guards;B. Suction and discharge pressure gauges of

appropriate ranges;C. Drain tubing for seal leakage;D. Pump vent valve; andE. Gauge glasses for bearing oil levels (where

applicable).The seal leakage and pump vent line shall be led

to the floor drains by copper piping with unions onthe drain piping very near the drip pockets.

All bearings of pump units (pump and motor)500 hp and above shall also be provided with bulbtype temperature detectors and bearing tempera-ture indicating controllers. The temperature indi-cating controllers shall be of the two-stage type-alarm and trip-Fenwall Series 400 or equal with arange of 50° to 200°F. Relays for the motor bear-ings shall be located on the motor and relays forthe pump bearings shall be located near the pump.See Drawing DG-02-13☰ for details.

Pump units of the constant speed type are pre-ferred, unless there is an overwhelming reason forvariable speed pumps. Low speed pumps are pre-ferred (1,200 rpm or less).

Pumps shall be performance tested in accor-dance with Hydraulic Institute standards and cer-tified performance data furnished to and approvedby the WSSC before shipment of pumps to the jobsite.

Acceptable Manufacturers: A-C Pump,Flowserve, Patterson Pump, or Peerless Pump.(28-ME-DG-02 § 6.1)

Motors.Motors shall be of open drip-proof construction

NEMA Design B, constant speed poly-phase,squirrel-cage induction type, having normal start-ing torque with low starting current.

The pumps shall start and stop automatically de-pending on system demand and even though thesystem is designed to avoid starts and stops inquick succession, frequent starts and stops willhappen. As the effective life of a motor depends onthe number of starts, and as it may be difficult toget custom-made motors in the lower horsepowerranges, as an insurance against premature failure,insulation for motors shall be specified as follows:Class F insulation with Class B temperature rise,that is, 80°C above the ambient temperature of40°C.

It is recognized that such motors will cost more,and availability has to be checked with manufac-turers.

Motors shall have a service factor of 1.0.Motor voltage characteristics shall be as indi-

cated under WSSC 11.125.240, Utilization volt-age.

Motors 50 hp and above shall have built-inspace heaters with thermostats rated at 120V, 1Ø,and are to be controlled by a normally closed aux-iliary contact of the motor starter. Power for thespace heater may be from the control power trans-former in the starter or from the lighting panel.

Medium voltage motors shall be specified withterminal boxes of adequate size to accommodatelightning arrestors and surge capacitors in additionto cable terminations.

Motors and pumps of the highest efficiencyavailable in their capacity range shall be specified.

The minimum motor horsepower requirementshall be determined by the consultant and given inthe specifications. However, the pumping unit, in-cluding the selection of a proper size motor (themotor should not be overloaded at any point alongthe pump performance curve) shall be specifiedto be the responsibility of the pump manufacturer.This shall also include any variable speed devicesin case of variable speed drives.

Acceptable Manufacturers: Continental, Gen-eral Electric, Ideal, Teco-Westinghouse, or U.S.Motors. (28-ME-DG-02 § 6.2)

Spare parts and special tools.The following spare parts and tools shall be

specified to be furnished for pumping units of eachsize:

A. One set of pump bearings including thrustbearing;



11-39


11.125.100

11.125.110

11.125.120

B. One set of pump sleeves;C. One set of impeller and case wear rings;D. One set of motor bearings;E. One set of packing gland bolts; andF. One set of any special tools necessary.The above spare parts list is for constant speed

pumps. If variable speed pumps are used, the listshall be enlarged to include spare parts recom-mended by the manufacturer of the variable speedsystem. (Additional parts required shall be spelledout.) (28-ME-DG-02 § 6.3)

Selection of pumps.Pumps shall be selected to provide firm capacity

to meet emergency and peaking demands of ser-vice area system.

Economical selection requires that attention begiven to:

A. The normal pumping rate and also the min-imum and maximum rate that the pump will becalled on to deliver.

B. Total head capacity to meet flow require-ments.

C. Net positive suction head (NPSH availablemust exceed NPSH required).

D. Pump characteristics, including speed, num-ber and spatial, environmental, and other specialrequirements.

E. Possible cavitation and vibration problems.The proper pump must be selected to suit the

system conditions. For booster stations withpumped storage, it is desirable that the pressurein the piped water distribution system remain, asmuch as possible, constant, regardless of the de-mand on the system. When constant speed pump-ing units are used, pumps with flat (as opposedto steep) flow vs. TDH performance curves bestachieve this condition. However, an extremely flatpump curve may result in an unacceptable largenumber of start and stop cycles because the flatterthe pump performance curve, the more rapid is theapproach towards shutoff as system demand is re-duced.

Pumps that have an operating point at or neartheir peak efficiency should be selected. Emphasison efficiencies is increasing because of high en-ergy costs. Therefore, in order to have pump ca-pacities close to demand (for good efficiency), in-stallation of pumps large enough to handle presentand future flows, but with smaller impellers origi-

nally which can be replaced by larger impellers asdemand grows, may have to be considered.

Other factors previously outlined must also beconsidered in selecting from the multitude of op-tions available, but meeting the system dischargerequirement of reasonable efficiency is paramount.As far as possible, pumps of the same capacityshall be selected.

System head curves, with the pump (pumps)characteristics curves superimposed, showing op-erating points, and pump performance curvesshowing range and efficiencies shall be submittedfor review and approval. (28-ME-DG-02 § 6.4)

Article III. Pump Station Piping and Valves

Piping – Generally.A. Suction and discharge piping shall be de-

signed to minimize head loss and turbulence.B. Suction and discharge headers shall be lo-

cated outside the pumping station.C. Interior station piping and fittings (supply,

discharge, and drain piping) shall be cement mor-tar lined ductile iron. Exposed pipes shall bejointed by means of flanged connections or flexi-ble couplings. Wherever a pipe passes from a con-crete structure to earth, a push-on or mechanicaljoint or a flexible coupling shall be installed withinthree feet of the structures. Valved drain outletsshall be installed in the header loop system formaintenance drainage.

D. Couplings of the dresser type shall be in-stalled on the suction and discharge piping, so thatthe pumps or valves can be easily removed. Cou-pling shall have joint harnesses. See pipingschematic on Drawing DG-02-1☰ for preferredlocations of couplings.

E. At booster stations with pumped storage,piping interconnections to recycle the stored waterin order to obtain desired residual chlorine levelsin the stored water shall be provided. (28-ME-DG-02 § 8.1)

Valves – Generally.A. Pumping Units. The normal valve arrange-

ment for pumping units shall be as follows:1. Inlet Side.

a. Butterfly valve, Class 150B, rubberseated, flanged and conforming to the latest re-vision of AWWA C504 with handwheel, for iso-


11-40



lation (with gear operators for valves sized eightinches and larger).

b. Acceptable manufacturers: CMB Indus-tries, DeZurik, Henry Pratt, or Olson Technolo-gies.

2. Discharge Side.a. Swing check valve of the outside lever

and weight type.Acceptable manufacturers: American Flow

Control, Apco-Willamette, GA Industries, Val-Matic.

b. Automatic Pump Control Valve. Thefunction of this valve is for waterhammer control.For criteria for including such a valve on the pumpdischarge side, see WSSC 11.125.140, Surgeanalysis.

This valve shall be a hydraulically oper-ated, flanged eccentric plug valve consisting es-sentially of a semi-steel body, nonlubricated typewith rubber faced eccentric plugs, nickel alloysteel seat, permanently lubricated stainless steelupper and lower stem bushings, plug operatingmechanism consisting of an enclosed gear quad-rant attached to the plug shaft, a toothed steel rack,hydraulic cylinder with piston and three limitswitches (one for fully open, one for fully closed,and one momentary break on valve closure). Thedesign of the valve shall be such that it can berepacked without removing the valve bonnet.

The hydraulic operating cylinder shall beof the size required to permit opening and closingthe valve under the worst condition maximum un-balanced differential pressure across the valve andwith available pressure to the cylinder at only 40psi. Metallic parts to be in contact with water shallbe stainless steel or bronze. The cylinder shall bevertical and the plug stem horizontal.

Acceptable manufacturers: DeZurik, Val-Matic, Victaulic.

The valve is to operate in conjunction withits respective pump motor and a complete controlsystem especially designed to perform the controland operating functions described below shall beprovided. All control valves and other devices as-sociated with a particular valve (except certain re-motely located devices) shall be located adjacentto the valve on a floor mounted panel.

For discharge valve control schematic anddetails, see Drawing DG-02-2☰.

Water for the operation of the valve is to betaken from the discharge side of the pump aheadof the check valve and also from the system sideof the pump control valve. Pressure piping com-plete with check valves, ball valves, strainers andunions shall be provided from the two sources tothe pump discharge valve control panel.

For normal opening and closing, the hy-draulically operated plug valve shall be controlledby means of a three-quarter-inch four-way valve,suitable for unlubricated water service and pipedexhaust, Valvair No. M110-646-19 or equal. Thefour-way valve shall be positioned by means oftwo three-way solenoid pilot valves, Skinner V53DB 2150, one being normally closed. Operatingcoils shall be heavy duty molded (water-tight) forcontinuous operation on 120V 60-cycle current.

The solenoids shall be connected by mois-ture-, heat- and oil-resistant flexible cords thatplug into a duplex receptacle wired to the pumpcontrol system and located on the valve controlpanel.

The timing for opening and closing of eachplug valve shall be readily adjustable and inde-pendent. During the entire time that a pump unitis running, its plug valve shall be held in the fullopen position by the normal hydraulic control.

The speed of opening and closing of theplug valve shall be readily adjustable over a widerange by means of Pneutrol needle valves at theoutput side of the four-way control valve, so thatthe most satisfactory speed can be determined bytrial.

The control system of the discharge valveshall be sufficiently complete and capable of per-forming the following functions:

i. For operating during the starting pe-riod of the pump, the valve shall open slowly,starting its cycle only after a time delay relay hasallowed the pump motor to reach its runningspeed. The timer shall be so set that the valve doesnot begin its opening cycle until approximately15 seconds after the pump motor starts. For eachof the valves this time delay shall be readily ad-justable over a range of zero to one minute to per-mit changing of the initial time delay setting tosecure the most satisfactory performance of thisfunction.



11-41


11.125.130

ii. Also, during the starting period, inthe event that the valve has not reached the fullyopen position within a preset time after the pumpmotor has started, the pump motor control circuitshall be interrupted to cause the pump to stop andremain locked out until the abnormal condition(incomplete sequence) is corrected and the con-trols manually reset. This timer shall be adjustableover a range of zero to 10 minutes.

iii. For pump shutdown, the valve con-trol circuit shall be first actuated causing the valveto move toward the closed position. When thevalve has reached the practically closed position,the pump motor circuit shall be interrupted by amomentary break limit switch (furnished with andmounted on the valve) and the pump motor shallstop. In the event the valve has not reached thefully enclosed position within a preset time afterinitiation of the close signal, the motor shall bestopped and locked out similar to the incompletesequence shutdown during starting.

The equipment furnished shall be such thatwhen a pump starts the two three-way solenoidsare energized to position the four-way valve. Theequipment furnished shall include limit switches,solenoids, and all control devices (except the elec-trical time delay relays). Limit switches shall func-tion as described under Article VII, Controls andInstrumentation.

Manual control of the hydraulic valve shallbe provided as indicated on the piping schematic.It shall consist of a four-way manual valve foropen/close control in the circuit bypassing the so-lenoid controlled four-way main control valve.Isolating valves (normally kept closed ball valves)shall be provided in this circuit, as shown on theschematic.

c. Butterfly valve for isolation (with gearoperators for valves eight inches and larger).

B. Venturi Meter, Influent Line, Reservoir, Etc.Butterfly valves at appropriate locations shall beused for isolation of the Venturi meter, influentline, and/or reservoir.

C. Reservoir Fill Valve. In the case of boosterstations with pumped storage, a reservoir fill valveis needed in the fill line to open and refill the reser-voir when the water level drops and to close whenthe reservoir is full and prevent overflow.

This valve shall be a motorized cone valve com-plete with limit switches for open and closed in-dications as well as pump start permissives. Forcontrol schematic, see Drawing DG-02-14☰. Ingeneral, the functional requirements of the reser-voir fill valve control system shall be as follows:

1. Local open-close.2. Remote manual open-close from WSSC

Control Room when the selector switch is in theAuto mode.

3. In the auto position, it shall be possibleto open the valve remotely only if the reservoiris not full, there is no overflow, the valve has notclosed because of low pressure at control points,and pumps are not called to run automatically.

4. Once opened, the valve shall continue tofill the tank and automatically close only if thecenter frequency is lost (after a time delay), if lowpressure exists at any control point (after a timedelay), when the tank is full, if the reservoir over-flows, or if pumps are called to run.

The amount of opening of the valve and thus thefilling rate will be set by adjustment of the “open”limit switch position, based on operating experi-ence.

If cavitation in the fill line is a potential pre-dictable problem, cavitation control measures shallbe adopted. See WSSC 11.125.130, Cavitation.The control of the reservoir fill valve, however,shall remain essentially the same.

D. Other. Other isolating valves, pressure con-trol valves, etc., shall be provided, as required,with all necessary accessories, depending upon thefunction of the pumping station in the system andthe connection to the system. Requirement of suchvalves shall be decided on a case-by-case basis.(Amended during 2019 codification; 28-ME-DG-02 § 8.2)

Cavitation.Possible cavitation problems in the fill line to

the reservoir downstream from the reservoir fillvalve during reservoir filling shall be investigatedand if cavitation is a potential predictable problem,cavitation control measures shall be incorporatedin the design to eliminate or reduce significantcavitation and its attendant effects: slow destruc-tion and high noise levels.


11-42



11.125.140

11.125.150

11.125.160

11.125.170

Cavitation charts of valve manufacturers alsomay be used to check if cavitation can occur underthe inlet and outlet pressure conditions duringmaximum flows that can occur through the valvesize chosen.

Of the different methods currently utilized forcavitation control, viz:

A. Butterfly valves with expansion chamber;B. Cone valve with energy dissipation assem-

bly;C. Roto-disc valve with pressure reducer

(HITCO);D. Multiple valves in series to step down pres-

sure in stages, etc.;a cone valve with energy dissipation assembly

is preferred. (28-ME-DG-02 § 8.3)

Surge analysis.A. Hydraulic transient problems shall be ana-

lyzed in detail and surge control measures shall beincorporated in the design, as dictated by the re-sults of the analysis.

B. One of the elements for control of transientsis an automated pump control valve (plug valve)hydraulically operated. The criteria for incorporat-ing such a valve on the pump discharge shall be asfollows:

1. In-Line Booster Stations. Hydraulicallyoperated, automatic pump control. Valve shall beinstalled:

a. If the results of the surge analysis dic-tate the need for such a valve; or

b. If the total dynamic head (TDH) of thepumps exceeds 175 feet.

2. Booster Stations with Pumped Storage.Hydraulically operated automatic pump controlvalve shall be installed:

a. If the results of the surge analysis dic-tate the need for such a valve; or

b. If the total dynamic head (TDH) of thepumps exceeds 150 feet.

C. If the surge analysis does not dictate theneed for an automatic pump control valve and thetotal dynamic head of the pump is below 150 feet,a spool piece to accommodate the possible futureinstallation of a hydraulically operated plug valveshall be incorporated into the design. (28-ME-DG-02 § 7)

Orientation of valves.The following criteria shall be applied for the

orientation of plug valves, and shall be clearly in-dicated on drawings and specified:

A. The rotation of the plug shall be about a hor-izontal axis.

B. The plug shall store in the top when thevalve is open.

C. The valve shall be oriented such that the seatis opposite the high pressure side; that is, towardsthe pumps. (28-ME-DG-02 § 9)

Exterior piping and valves.The piping configuration and valving required

will depend upon the location and connection ofthe pumping station to the water supply systemand has to be determined on a case-by-case basis.

Buried valves or fittings shall not have flangedends. (28-ME-DG-02 § 19)

Water pumping station pipingcolor code.

A. Purpose.1. To provide a standard piping color code to

be used in all water pumping stations.2. To provide quick and easy identification

of all lines.3. To provide a guideline whenever station

piping is repainted, replaced or added.B. Color Code. Only the pipelines listed in the

following table will be color coded. Bare copper,stainless steel, and PVC lines will not be painted.If these pipelines carry potable water, no markingswill be made. If they carry other process water(except chlorine) they shall be appropriately la-beled. If they carry chlorine gas or solution, theyshall be painted yellow except that flexible con-nectors, flexible vacuum tubing, and all chlorinevalves and appurtenances shall not be painted.

When labels on pipelines are required (checkwith the Production Department) they should beplastic wraparound type, or self sticking type,which are commercially available. Arrows indicat-ing the direction of flow should be of the samecolor as the lettering. In most cases, letteringand/or arrows will not be required.



11-43

11.125.180

11.125.190

11.125.200

11.125.210

Pipeline PipeColor

LetteringColor

BackgroundColor

PotableWater

Lt. Blue Black Green*

ChlorineGas

Yellow Red

ChlorineSolution

Yellow Black Yellow*

Drainage Lt. Gray Black Green*

Wastewater Dk. Gray Black Green*

Fuel Oil Burgundy Black Yellow*

Natural Gas Red Black Yellow*

* Indicates standard, commercially available labels.

All pumps and valves shall be painted the samecolor as the pipeline. Exceptions are that brass,bronze, copper, stainless steel, PVC and any flex-ible portions of these pumps or valves shall notbe painted. If these items have been previouslypainted, then they should be repainted according tothe above schedule.

C. Cleanup. Cleanup and retouch as necessaryall affected work. Leave all glass areas, unpaintedfittings, plaster surfaces, floors and walks, hard-ware and other surfaces clean and free from anypaint, stain, smears, spatterings or smudges.

Do not paint over equipment identification tags.(Amended during 2019 codification; WOD 82-05)

Article IV. Safety

Fire extinguishers.Fire extinguishers of 20-pound capacity, suit-

able for Class A, B, and C fires and U/L listed,shall be wall mounted at strategic and easily acces-sible locations (near doors) in the following areas:

Pump room – upper level 2 nos.

Generator room (as applicable) 1 no.

Chlorine room (as applicable) 1 no.

(Amended during 2019 codification; 28-ME-DG-02 § 15.1)

First aid kit.One first aid kit each (10-unit) in a prefinished

steel cabinet wall mounted shall be provided in thepump room – upper level, in the generator room(as applicable) and in the chlorination facility (asapplicable). The items in the kit shall be as fol-lows:

2 units Adhesive bandage 1"

1 unit Bandage compress 4"

1 unit Bandage compress 2"

1 unit Plain absorbent gauze 2" x 2"

1 unit Eye dressing (no ointment)

1 unit Zephiran swabs or methiolateswabs

1 unit Triangular bandage

1 unit Ammonia inhalant

1 Tweezer

(28-ME-DG-02 § 15.2)

Article V. Heating and Ventilation

General.Adequate heating and ventilation for the com-

fort of operating personnel and for the safety ofthe equipment shall be provided. (28-ME-DG-02§ 18.0)

Ventilation.For the pump room, storage area and toilet,

forced ventilation of at least six air changes perhour shall be provided (from “RecommendedStandards for Water Works,” a report of the Com-mittee of the Great Lakes, Upper Mississippi RiverBoard of State Sanitary Engineers, 2003 Edition).

Air intake shall not be near the chlorine roomexhaust, if there is a chlorination facility attachedto the pumping station.

For storage and toilet areas, separate intake lou-vers for outside air may not be needed; infiltrationand pull air from the pump room may be adequate.


11-44


11.125.220

11.125.230

11.125.240

11.125.250

11.125.260

A small centrifugal exhauster fan shall be in-stalled in the restroom areas.

For the generator room (as applicable), in addi-tion to the normal ventilation, ample flow of air tosupport combustion and to dissipate the heat pro-duced in the combustion process of the diesel en-gine shall be provided. Design shall be based onthe air requirements for the size of generator setbeing used.

Ventilation system noise levels shall be takeninto account in determining the overall propertyline noise levels. (28-ME-DG-02 § 18.1)

Heating.Electric heat is preferred. Heating design shall

be based on ASHRAE Handbook – 2005 Funda-mentals. Use winter outside temperature of 10°Fand winter inside design conditions of 50°F. Heat-ing load for each area shall be arrived at by a spaceload analysis. (28-ME-DG-02 § 18.2)

Chlorine room ventilation.See the Mechanical and Electrical Design

Guidelines for Chlorination Facilities (underpreparation at this time). (28-ME-DG-02 § 18.3)

Article VI. Electrical Service and Distribution

Utilization voltage.Selection of the utilization voltage shall be

made based on economical considerations takinginto account the horsepower of motors, total load,future growth, and class of service available fromthe power company.

Assuming that a pumping station may consistof three or four pumps, as a general guidance, fora station with motors up to 200 hp, a 480V sys-tem may be used; and for stations with motors over200 hp, a 2,400V system or a 4,160V system maybe used. Consideration has to be given to reducedvoltage starting of motors to reduce inrush currentsto levels acceptable to the power company or tolimit the size of standby emergency power genera-tor as the case may be. (28-ME-DG-02 § 21.1)

Power supply reliability.A. If power failure would result in cessation

of minimum essential service, power supply relia-bility shall be assured by either a second reliablepower feed from the power company or by the in-

stallation of an on-site standby generator. Whetherminimum essential service can be maintained inthe area served by the pumping station during thelength of time normally associated with power out-ages from other sources would depend on systeminterconnections, available storage, etc. These fac-tors shall be analyzed to determine if standbypower is essential.

B. Dual Feeders. For dual feeders from thepower company, the following criteria shall apply:

1. The two feeders shall be from nonadjacentbays at the power company’s substation. The twofeeders shall follow separate routes so that chancesof simultaneous disruption of power will be mini-mized.

2. The feasibility, reliability, and cost of asecond feed shall be carefully evaluated and com-pared with the cost of on-site generation and thebetter alternate shall be chosen with the concur-rence of WSSC. (28-ME-DG-02 § 21.2)

Standby generator.A. The generator shall be sized to start and op-

erate the pumps required for firm capacity plus themiscellaneous station loads. Lock-out of the last orstandby pump shall be provided in the control sys-tem, if other pumps required for firm capacity arerunning, when on generator power. The interlockshall allow the last or standby to run if any otherpump should fail.

B. The standby generator shall be diesel-dri-ven. The engine shall be of the general purpose,stationary solid injection four-cycle, compressionignition type. Radiator cooling is preferred as op-posed to city water cooling.

C. Maximum speed of the engine shall not ex-ceed 1,800 rpm. The generator shall be of the selfregulated type utilizing a brushless excitation sys-tem. All accessories needed for proper operationof the set shall be provided. These shall includea hospital type muffler, flexible exhaust connec-tion, vibration isolators, starting battery, batterycharger, day tank fuel transfer system, gauges,jacket water heater, antifreeze, underground fuelstorage tank with a capacity to sustain full loadoperation of the generator for two days, enginegenerator control panel, generator output circuitbreaker and automatic transfer switch.

D. Engine generator control panel shall includeautomatic-manual-off switch to permit testing of



11-45

11.125.270

11.125.280

11.125.290

engine, voltmeter and ammeter with selectorswitches, frequency meter and running time meter,exciter circuit breaker, automatic voltage regula-tor, oil pressure gauge, coolant temperature gauge,solid state engine monitor with fault lights to in-dicate engine shutdown for overcrank, overspeed,high coolant temperature and low oil pressure.

E. The day tank shall include a hand-operatedpump in addition to the standard electrically oper-ated pump.

F. The transfer switch controls shall be solidstate, mounted on keyed, plug-in printed circuitboards.

G. Accessories shall include:1. Adjustable close differential voltage sens-

ing on all phases of normal source.2. Adjustable time delay (zero to five min-

utes) on engine starting.3. Adjustable time delay (zero to five min-

utes) on transfer to emergency source.4. Adjustable time delay (zero to 30 minutes)

on transfer to normal source.5. Adjustable time delay (zero to five min-

utes) unloaded running time delay for cooldown.6. Normal and emergency position indicating

lights.H. The transfer switch shall conform to NEMA

and UL 1008 and shall be inherently double-throwand mechanically interlocked so that it is either ina normal or emergency position; no neutral posi-tion shall be possible.

I. For heating and ventilation, see Article V,Heating and Ventilation.

J. Noise criteria given in WSSC 11.125.490,Noise control, shall be considered in sizing and se-lecting air intake and exhaust louvers.

K. Spare Parts and Special Tools. The follow-ing spare parts and tools shall be specified to befurnished with the standby generator set:

1. One set of special engine tools.2. Two spare lube oil filters.3. One spare filter (if dry type).

L. Acceptable Manufacturers.1. Generator set: Caterpillar, Kohler, or

Onan.2. Auto transfer switch: Onan or Russelec-

tric. (28-ME-DG-02 § 21.3)

Power company metering.The power company billing metering shall be

located outside of the pumping station, in a tam-perproof and weatherproof enclosure as requiredby the power company, to facilitate meter reading.Location of the CTs and PTs when required shallbe as per power company requirements and shallbe coordinated with the power company. (28-ME-DG-02 § 21.4)

Interphasing with the powercompany.

All necessary interphasing with the power com-pany serving the area shall be done by the consul-tant from the start of the job. The final submissionof construction documents shall include a letterfrom the power company that they have reviewedthe portions of the electrical service of interest tothem and that it meets with their approval. A de-tailed cost estimate for the service shall also be ob-tained from the power company.

The consultant shall keep the WSSC advised ofthe progress of their interphasing with the powercompany by copies of letters, minutes of meetings,etc. (28-ME-DG-02 § 21.5)

Power distribution.A. Utilization Voltage of 480V.

1. Power distribution within the station shallbe through a double ended motor control center.Pumps and other loads shall be divided as equallyas possible between the two sections of the motorcontrol center. Vital loads like lighting and controlpower shall be capable of being connected auto-matically through an auto-transfer switch to eitherhalf of the motor control center. Bus shall be cop-per.

For one-line diagram with one feed from thepower company and standby emergency generatorsee Diagram 1 on Drawing DG-02-3☰. The tiebreaker in this arrangement will be normally keptopen.

For one-line diagram with two feeds fromthe power company, see Diagram 2 on DrawingDG-02-3☰. The tie breaker, in this arrangement,will be normally closed and one of the two incom-ing line main circuit breakers (selected as the nor-mal or preferred source) will be closed. The twomain circuit breakers shall be electrically operatedand an automatic throw-over control shall be pro-


11-46




vided for automatic transfer to the second source,if the preferred source fails and for automatic re-turn to the preferred source on restoration of thepreferred source.

Generally, it is difficult to get two servicesat 480 volts which can be paralleled from powercompanies, especially for small loads, and hencethe above arrangement is suggested.

It shall be possible by means of a selectorswitch to select either of the two lines as the pre-ferred source.

The compartment for power company meter-ing shall comply with the power company require-ments.

A preferred motor control center layout isshown in Diagram 3 on Drawing DG-02-3☰. Thislayout will generally be the same for one feed fromthe power company and a standby generator or fortwo feeds from the power company, except for dif-ferences in the width and depth of the incomingsections because of the location of the power com-pany metering CTs and PTs at the motor controlcenter. (The meters are to be located outside thepumping station in both cases.)

The main incoming line circuit breakers shallbe of the insulated case type with current monitorsand solid state tripping devices with adjustable set-tings for continuous current, long time delay, shorttime delay, ground fault trip, and fixed instanta-neous trip. All trip devices shall have trip indica-tors.

All circuit breakers shall have external han-dles which clearly indicate when breaker is “ON,”“OFF,” or “TRIPPED” and lockable in the “OFF”position.

The interrupting rating of all circuit breakersand bus bracing shall be adequate for the availablefault currents.

For the pumps, one vertical section per pump,housing the branch circuit breaker, starter, individ-ual pump controls, indicating lights, etc., is pre-ferred. All indicating lights shall be of the push-to-test type.

The pump motor branch circuit breakers shallhave auxiliary contacts for use in the control cir-cuitry (see pump control schematics).

The lock-out relay (device 86) shall be of thehand reset type.

Size of the control power transformer instarter shall be coordinated with control power re-quirements, heaters, etc.

2. Spare Parts and Special Tools. The follow-ing spare parts and tools shall be specified to befurnished with the motor control center:

a. One spare closing device for electricallyoperated breakers (spring charging motor, sole-noid, etc.).

b. One manual closing handle.c. One standard carton of indicating

lamps.d. Two spare indicating lamp assemblies.e. Six spare fuses of each amperage used.f. One spare relay of each type used.g. One coil for contactor of motor starter

of each size.h. One set of contactors for motor starter

of each size.3. Acceptable manufacturers: Square D, Au-

tocon, Allen Bradley.B. Utilization Voltage of 2,400V or 4,160V.

1. If the horsepower of the motors, total loadand future possible growth indicate the need for2,400V or 4,160V as the utilization voltage, a sub-station to step down the power company’s distrib-ution voltage available in the area to the utilizationvoltage would be needed.

A power distribution one-line diagram of a13.8kV to 2,400V or 4,160V substation and motorcontrol center is shown in Drawing DG-02-4☰.One-line diagram of a substation with a primaryvoltage of 13.8kV is included here, as a distribu-tion voltage of 13.8kV appears to be more com-mon especially in areas where booster pumpingstations are likely to be built.

The substation is to be located outside thepumping station at the most suitable location. Met-alclad switchgear with drawout type power circuitbreakers in outdoor walk-in enclosures is preferredas they are easy to install, are less susceptible toproblems due to bad weather, and for aesthetic rea-sons.

The one-line diagram and the protective re-laying scheme shown represents the preferredarrangement from a reliability point of view. Thisscheme assumes that two feeders can be paralleledon the secondary side of the transformers. Normaloperation would be with both the primary break-



11-47



ers, both the secondary breakers and the secondarytie breaker closed and the automatic reclosingscheme in service. The tie switch on the primaryside would be open.

In the one-line diagram, the transformer sec-ondary main breakers and secondary tie breakerare shown to be located in the outdoor metalcladswitchgear. This arrangement has two main advan-tages:

a. The width of the balcony area for themotor control center can be considerably reduced,by approximately five feet.

b. Control and protective relay wiring forthe substation can be confined to the outdoorswitchgear and need not run back and forth be-tween the switchgear and the motor control centerand the entire switchgear can be factory wired andtested for proper operation at the factory beforeshipment.

However, other physical arrangements likelocating the secondary breakers at the motor con-trol center have to be considered and the bestarrangement depending on site conditions shall bechosen on a case-by-case basis.

The power company serving the area is tobe consulted to ascertain if paralleling on the sec-ondary side would be permitted. If paralleling willnot be permitted, the scheme shown on DrawingDG-02-4☰ has to be suitably modified, incorpo-rating an automatic transfer scheme satisfactory tothe power company.

The power circuit breakers shall be DC closeand DC trip. The primary breakers shall be pro-vided with DC undervoltage release, so that incase DC voltage fails or falls below a safe valuewhile the breaker is closed, the breakers wouldopen. This coil should have as low a VA burden aspossible.

An emergency trip pushbutton shall be pro-vided at the motor control center inside the pump-ing station for remotely tripping both the incomingprimary breakers. This trip pushbutton shall beprotected from accidental operation, preferably byinstalling it in a recessed pocket.

The switchgear for each incoming line shallbe in a separate enclosure and each line up shall beseparated at least by six feet to minimize chancesof common mode failure. The front aisle spacein the walk-in enclosures shall provide sufficient

space to permit the passage of two breakers side byside (not less than six feet).

The surface of the concrete pad for theswitchgear and transformers shall be so sloped thatwater does not stagnate and cause deterioration ofthe bottom plates. Also, as the actual pad sizes andreinforcement (to some extent) may vary with theequipment actually furnished, coordination of padsizes and design have to be by the contractor be-fore pads are poured. These shall be clearly indi-cated on the drawings.

2. Automatic Reclosing Scheme. An auto-matic reclosing scheme (if permitted by the powercompany) shall be designed to automatically re-close the incoming primary and the secondarybreakers of either line up, on restoration of powerin either line after the secondary and primarybreakers trip on reverse power for a fault in thepower company line. Reclosing shall take placeonly after a time delay (adjustable) after the powercompany successfully re-energizes the line. Re-closing shall be inhibited for any fault within thesubstation. Operation of any lock-out relay shallautomatically change the control transfer device43 to the manual position to prevent auto-reclosingwhen lock-out relays are reset. Auto reclosingshall also be inhibited if breakers are tripped man-ually.

3. DC Battery System.a. The battery shall be properly sized

based on the continuous load current (indicatinglights, relays, annunciator, etc.) and the largest in-stantaneous current to be supplied. Battery dis-charge time shall be 24 hours. The battery chargershall be sized to recharge a completely dischargedbattery within 24 hours. The battery charger shallbe of the two rate (float and high rate) constant po-tential type, with automatic charging control, DCvoltmeter, DC ammeter, AC-On and High Rateindicating lamps, AC input breaker, DC outputbreaker and other standard features. In addition,the charger shall be provided with the following,plug-in, failsafe accessory circuits:

i. AC failure alarm relay.ii. DC low voltage alarm relay.iii. DC high voltage alarm relay.iv. Rectifier failure alarm relay.v. High rate charging alarm relay.vi. Ground detector alarm relay.


11-48



All these alarms should have local visualindications.

b. The battery shall be located in a wellventilated area inside the outdoor switchgear en-closure away from the front aisle space. Equip-ment should not be located on the rear wall spaceoccupied by the length of the battery rack. The bat-tery should be so placed that there is free access toany battery cell.

c. Alarm circuits are to be provided forsignaling to the WSSC Control Room the follow-ing abnormal conditions:

i. Any abnormality in the DC system,listed under battery charger (DC trouble).

ii. Open position indications for the twoincoming line breakers and secondary tie breaker.

4. Motor Control Center. The motor controlcenter line up shall include incoming disconnectswitches (quick make, quick break, load interrup-tor type) (or circuit breakers), bus tie switch (orcircuit breaker), high voltage starters with draw-out type contactors and current limiting powerfuses (or circuit breakers), relays, metering, etc., asindicated on the one-line diagram. Bus bars shallbe copper.

The step-down transformer for station auxil-iaries shall be capable of being fed from either sideof the motor control center. The contactors shallbe electrically interlocked so that only one con-tactor can be closed at one time. Controls shallprovide for automatic transfer of the transformerfeeder from one bus to the other, if voltage failson the bus to which it is connected normally. Indi-cating lights for open (green) and closed (red) po-sitions and open-close switches shall be providedfor each contactor.

Motor protection shall include, as a mini-mum, thermal overcurrent, with instantaneous unit(49/50) ground overcurrent (50G) and phase se-quence and undervoltage (47). Bearing tempera-ture protection shall be included for motors 500hp and above. Medium voltage motors rated 500hp and above shall also be provided with lightningand surge protection. The surge arrestors and ca-pacitors shall be located as close to the motor aspossible, preferably in the terminal box, which hasto be adequately sized for this purpose. Singlephasing protection and mechanical interlocks toprevent the opening of the isolating switch when

the contactor is closed and other required safety in-terlocks shall be incorporated in the contactor. Pro-vision shall be made for plugging in an auxiliarytest source for checking the operation of the con-tactor and the low voltage pilot circuits, when thecontactor is in the test or drawn out position.

Sufficient space shall be provided in front ofthe motor control center for taking out the contac-tors.

One vertical section per pump housing thecontactor, fuses, individual pump controls, indica-tion lights, etc., is preferred. The common pumpcontrol and telemetering panels in free standingunitized sections shall form an integral part of themotor control center.

C. Short Circuit and Protective DeviceCoordination Study. Fault current calculationsshall be made by the consultant to arrive at theproper ratings for the sensing and interrupting de-vices used in the electrical system. This shall bedone for low voltage and medium voltage systemsas applicable and shall be submitted for review.

In addition, for medium voltage installationsand for low voltage installations where power cir-cuit breakers with relaying are used, a short circuitand protective device coordination study shall bespecified to be done by the contractor through anengineering firm specializing in such work.Changes and additions to devices and equipmentcharacteristics suggested by the results of the studyand recommended have to be incorporated in theelectrical equipment to be furnished at no addi-tional cost to WSSC. Therefore, it is important thatthe study be done and approved before shop draw-ings for electrical equipment are submitted.

For low voltage installations with molded casecircuit breakers only, this short circuit and protec-tive device coordination study is not required.

D. Power Factor Improvement. The averagepower factor at full load of motors 75 hp andabove (1,200 rpm) is around 85 percent. There-fore, power factor correction generally may not benecessary.

However, current data on power factor shall beobtained from motor manufacturers and the needfor power factor correction looked into. Shouldpower factor correction be considered necessary toavoid KVAR demand penalty charged by power



11-49

11.125.300

11.125.310

11.125.320

11.125.330

companies, power factor improvement shall belimited to 95 percent lagging at full load.

E. Identification of Equipment, Devices, andWiring. All equipment, devices, and wiring in themotor control center and pump control panel (andsubstation where applicable) shall be specified tobe suitably identified.

Engraved nameplates shall be provided for eachvertical section, for each device mounted on thefront and for each relay, control device, etc.,mounted inside for easy identification of all com-ponents.

Each control and instrumentation wire and cableshould have a unique identification number. Thisnumber shall be assigned to all conductors havingcommon terminals and shall be specified to beshown on shop drawings. These numbers shall ap-pear within three inches of the conductor termi-nals. Pump No. 1 shall have 100 series number,Pump No. 2, 200 series numbers, etc. The methodof identification shall be either imprinted plasticcoated cloth by Brady or Thomas and Betts, im-printed heat shrink tubing or imprinted split sleevemarkers cemented in place.

Multiconductor cables shall be assigned a num-ber which shall be attached to the cable at interme-diate pull boxes and at stub up locations beneathfreestanding equipment. The cable number shallform a part of the individual wire number. Individ-ual control conductors and instrumentation cableshall all be identified at pull points as describedabove.

F. Conduits, Wiring, Etc. – General. Embeddedconduits for pump motor branch circuits shall beoversized so that conductors two sizes bigger canbe used later for limited upgrading of pumps.

Conduits inside the chlorine room shall be PVCcoated rigid galvanized steel.

Empty conduits for future use in floors shallbe terminated in a conduit coupling with threadedplug flush with the finished floor. See conduit ter-mination detail for future equipment on DrawingDG-02-13☰. (Amended during 2019 codification;28-ME-DG-02 § 21.6)

Article VII. Controls and Instrumentation

General.The booster pumping stations will normally be

unattended and shall operate automatically to

maintain distribution system pressure, flow orlevel or a combination of these as the case may bedepending upon the function of the pumping sta-tion in the system.

The station operation is to be monitored at andcontrolled from the WSSC Control Room througha supervisory control system, using telemeteringover leased telephone lines. (Amended during2019 codification; 28-ME-DG-02 § 23.1)

In-line booster stations.As these types of stations pump into a distrib-

ution system with elevated storage tanks, the pri-mary control shall be level control. Levels in ele-vated storage tanks shall be transmitted by teleme-tering to the pumping stations. If level sensing(primary control) is lost due to communicationsfailure, the pumping station shall operate on localpressure sensing point at the pumping station dis-charge line which is not dependent on telemetering(secondary control). Level control schematic isshown on Drawing DG-02-7☰. (28-ME-DG-02§ 23.2)

Booster stations with pumpedstorage.

As these types of stations pump into the distrib-ution system when the pressure in the distributionsystem, normally fed from the system main, falls,the primary control shall be pressure control. Fromremote pressure sensing locations, system pressureshall be transmitted by telemetering to the pump-ing station. If remote pressure sensing (primarycontrol) is lost due to communications failure, thepump station shall operate on local pressure sens-ing point at the station discharge line which isnot dependent on telemetering. Pressure controlschematic is shown on Drawing DG-02-8☰.

In some cases, where the pumps are of differentcapacities, it may be necessary to use pressurecontrol to start the first pump and then resort toflow control to call in subsequent pumps. (28-ME-DG-02 § 23.3)

Pressure sensor locations andvault.

System pressure sensor locations shall be cho-sen such that localized transient gradient fluctua-tions which are not reflective of the overall systemhydraulic gradient conditions are avoided. Choice


11-50





11.125.340

11.125.350

of the best location may have to be made based onhydraulic analysis results.

Easy accessibility to the pressure sensor vaultlocation is also an important consideration. Thevaults shall be located near existing roadways(away from residential front yards) or suitable ac-cess road shall be provided.

Where possible the vault should be built withthe top of the slab slightly above grade.

The vault shall be of reinforced concrete con-struction complete with access hatch, vent pipes,ladder, sump, etc., and shall be sized to house allthe components required viz:

A. Circuit breaker load center (240/120V, 1Ø,3W with main breaker and six 1P, 15-amp branchcircuit breakers in NEMA 3R enclosure).

B. Telemetering cabinet (with power supply,line protector and three FS transmitters – onetransmitter for pressure to the pump station, andone transmitter for pressure and one transmitter forflood alarm to the WSSC Control Room).

C. Pressure gauge and pressure transmitter.D. Sump pump with union, check valve and

gate valve.E. Flood alarm switch.F. Ventilating fan.G. Lights (wall mounted).The vault shall be membrane waterproofed.

Pressure sensor vault details are shown in DrawingDG-02-12☰.

Meterbase and service disconnect (circuitbreaker) shall be mounted on service pole in caseof overhead electrical service and on a pedestal incase of underground electrical service. The servicedisconnect circuit breaker shall be mounted in alockable NEMA 4 stainless steel enclosure. Ser-vice pole or service pedestal shall be located ap-proximately 10 feet from the vault. Location andother requirements shall be coordinated with thepower company. The same pole or pedestal shallalso be used for telephone service. Service con-duit to the load center inside the vault, telephoneservice conduit to the telemetering cabinet, and allconduit inside vault shall be PVC coated rigid gal-vanized steel.

Freezing of water in the sump discharge pipe isto be prevented. The sump pump discharge shallbe taken through the side of the vault to a suitablenearby location so that discharge is free and flows

toward drainage. If this is not feasible, pump dis-charge shall be terminated in a perforated draintile in a gravel pocket. A small hole drilled in thedischarge pipe, above the gate valve, will also behelpful in preventing freezing. (Amended during2019 codification; 28-ME-DG-02 § 23.4)

Communications.Communications failure for both types of sta-

tions shall be indicated at the pumping station andtelemetered to and annunciated at the main ControlRoom at the WSSC Control Room as an alarm.

An indicating light for communications failureand manual reset button to reset the primary con-trol shall be provided at the pumping station pumpcontrol panel. (Amended during 2019 codification;28-ME-DG-02 § 23.5)

Control functional requirements.In general, the functional requirements of the

pump control system shall be as listed below andshall be provided through a completely integratedcontrol system, including all power, control andprotection items which form part of the individualpump units, the pump control system and thetelemetering system. The complete integratedpower and control system shall be the responsibil-ity of one manufacturer and shall be so spelled outin the specifications.

The control system shall provide for:A. Automatic start-stop of all pump motors.B. Manual local start-stop control of all pump

motors.C. Remote manual start-stop of all pump mo-

tors (when selector switch of pump is in Automode).

The local controls for the pump motors are to belocated at the individual pump motor control cu-bicles. The common pump control system and thetelemetering system shall be installed in freestand-ing unitized sections forming an integral part ofthe motor control center.

It shall be possible to override the automaticsystem and start and stop any pump from theWSSC Control Room when the selector switchof the pump is in the Auto mode. In the case ofbooster pumping station switch pumped storage, itshall be possible to control the reservoir fill valvealso from Laurel.



11-51


11.125.360

11.125.370

11.125.380

The pushbutton and indicating lights for remotecontrol and indication to be installed at the WSSCControl Room have to match the existing equip-ment for similar control and shall be square typeCutler Hammer E-30 series. (Amended during2019 codification; 28-ME-DG-02 § 23.6)

Sequence of operation.The starting and stopping sequences of pump

operation shall be as follows:After a start signal is initiated from the first step

of the control system, after a predetermined timedelay (on-delay timer, adjustable zero to 60 sec-onds), the starter of the lead pump motor shall beenergized, provided the following permissives (asapplicable depending on the function of the pump-ing station in the system) are met:

A. In-Line Booster Stations.1. Pump control valve on discharge side is

closed as sensed by limit switch (as applicable).2. There is no pump lock-out due to over-

load, valve failure, high bearing temperature orother abnormalities, as sensed by the lock-out re-lay (device 86).

3. There is sufficient water available on thesuction side, as sensed by an electrode type watersensor.

B. Booster Stations with Pumped Storage.1. Pump control valve on discharge side is

closed as sensed by limit switch (as applicable).2. There is no pump lock-out due to abnor-

malities as sensed by the lock-out relay.3. There is sufficient water available in the

reservoir.4. The altitude or reservoir fill valve is

closed as sensed by limit switch on the altitudevalve. (If the reservoir fill valve is open, closing ofthe reservoir fill valve shall be initiated when anypump is called to start.)

C. In the case of pumps with automatic pumpcontrol valves, after the motor has started, the as-sociated discharge valve shall open and reset theoverall sequence timer if the pump is operatingsatisfactorily and the discharge valve has fullyopened within a predetermined time period. Whena stop signal is initiated from the control system,after a predetermined time delay, the solenoid op-erated discharge valve shall be caused to close.When the valve has reached the nearly closed po-sition, a limit switch mounted on the valve shall

open momentarily to stop the motor. (This limitswitch does not open on the opening cycle of thevalve.)

D. If the system demand (pressure, flow, orlevel as the case may be) cannot be satisfied bythe first pump, the second step in the control sys-tem shall cause a second pump to start as outlinedabove, and shall continue to operate until systemdemand can be satisfied by the lead pump alone atwhich time the second pump shall be stopped asoutlined above. If the lead pump and the first lagpump are not able to meet the system demand, thesecond lag pump shall start, etc. (28-ME-DG-02§ 23.7)

Pump sequence selection.The number of steps in the control system shall

match the number of pumps. It shall be possible toselect any pump as lead, lag, or standby.

A plug arrangement for pump selection is pre-ferred. See schematic on Drawing DG-02-9☰.

The pump sequence control plugs shall be lo-cated in the common pump control panel in a re-cessed compartment of adequate size with hingeddoor flush with the panel front. All wiring to thesequence control plugs shall be from terminalblocks inside the cabinet and all wiring shall be ac-cessible from the front by opening the hinged doorof the cabinet. (28-ME-DG-02 § 23.8)

Protection.The pumps shall be shut down for any of the fol-

lowing abnormalities and locked out:A. Failure of discharge valve to open or to close

within predetermined time (incomplete sequence).Applicable if there is an automatic pump controlvalve.

B. Motor overload (for medium voltage mo-tors, thermal overcurrent, ground fault and phasesequence/undervoltage).

C. High bearing temperature (applicable forpumps 500 hp and above).

D. No discharge flow (pump failure, sensed byflow switch on discharge side) (if considered nec-essary).

E. Excessive vibration (if considered neces-sary).

F. High pressure (in the event the system pres-sure should exceed a predetermined maximumlevel).


11-52



11.125.390

11.125.400

G. Pump floor flooding (if considered neces-sary).

The pumps shall also be shut down, but notlocked out, in case of low suction, as sensed by thereservoir low level sensor or electrode type watersensor in the suction line. (28-ME-DG-02 § 23.9)

Control voltage.AC control voltage for individual pump control

shall be 120V obtained from the control powertransformer with isolated fused secondary, in thepump motor starter, with provisions for connectingan auxiliary test source for testing the control cir-cuits without actually running the pump. Adequatesafety interlocks shall be provided to ensure thatthe auxiliary source can be connected only if thepump motor circuit breaker is open (in low voltagesystems) or only if the draw-out type contactor orcircuit breaker is in the test or drawn out posi-tion (in medium voltage systems). (28-ME-DG-02§ 23.10)

Indications – Status andabnormalities.

A. At Pumping Station. It shall be possible forthe operator to check status or find out which ab-normality caused a pump to shut down. Indicatinglights for status and abnormalities with suitablenameplates and reset buttons shall be provided forthis purpose.

Listed below are the required indicating lights(push to test):

1. At individual pump control panel for eachpump:

a. Status.i. Discharge valve: closed (amber),

open (blue): as applicable.ii. Pump: off (green), running (red).

b. Abnormalities.i. Discharge valve failure (white): as ap-

plicable.ii. High bearing temperature (red): for

each bearing as applicable.iii. No discharge flow (white): if con-

sidered necessary.iv. Excessive vibration (white): if con-

sidered necessary.2. At the common pump control panel:

a. Abnormalities.i. Communications failure from remote

sensors (white).ii. Remote sensor in service/failure

(red).iii. High pressure shutdown of pumps

(white).b. For booster stations with pumped stor-

age, the following additional indications shall alsobe provided:

i. Reservoir Fill Valve.A. Fully open (red).B. Closed (green).C. Open (amber).

ii. Reservoir low level (amber).iii. Reservoir overflow (amber).

c. Status indication for any other impor-tant valve which will affect the operation of thestation shall also be provided.

d. Graphic Panel. If the piping and valvingconnecting the pumping station to the distributionsystem is complicated, a graphic panel (approxi-mately 24 inches by 48 inches) shall be providedat a suitable location near the motor control center,depicting the main piping layout and location ofvalves, and incorporating status indication ofvalves (position indicating lights) and remote con-trol switches for the valves, where required.

A sketch showing general requirements forthe graphic panel is shown in DrawingDG-02-13☰. (The piping configuration and typeand location of valves will vary and has to beadapted suitably to suit the pumping station underdesign.)

B. At WSSC Control Room. The following sta-tus shall be indicated and alarms annunciated atthe Control Room:

1. Status.a. In-Line Booster Stations.

i. Each pump.A. Running (red).B. Off (green).

ii. Altitude Valve at Tanks.A. Fully open (red).B. Closed (green).C. Open (amber).

b. Booster Stations with Pumped Storage.i. Each pump.

A. Running (red).



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11.125.410

B. Off (green).ii. Reservoir Fill Valve.

A. Fully open (red).B. Closed (green).C. Open (amber).

c. The above indicating lights shall be partof pushbutton control stations (combination push-button and indicating light operators to be locatedat the existing control consoles).

d. Only indications (no control) are re-quired for altitude valves at tanks served by in-linebooster stations.

2. Alarms.a. Pump malfunction: for each pump.b. Telemetering failure.c. One of the following two groups of

alarms as applicable:

Generator running

Both feeder breakers open

Tie breaker open

for stations withdual feeds at 480Vand automaticthrow over scheme

Substation Line No. 1

breaker open

Substation Line No. 2

breaker open

Secondary tie breaker open

for stations withdual feeds atmedium voltageand substations DCTrouble

d. Pump room flooded.e. Chlorine leak (as applicable).f. Low temperature.g. For booster stations with pumped stor-

age, the following additional alarms shall be pro-vided:

i. Reservoir overflow.ii. High/low discharge pressure.iii. Pressure sensor vault flooding,

power failure and telemetering failure: combinedas trouble alarm.

h. For in-line booster stations, the follow-ing additional alarms shall be provided: high/lowlevels at tank locations.

i. An annunciator panel with 18 windows(three across and six vertical) two inches wide andthree inches long, with milk-white plexiglass an-

nunciator indicator plates engraved with stationname and alarm legend, shall be furnished for in-stallation in the existing vertical panels at the con-trol room. The overall dimensions, appearance andfinish have to match the existing annunciators. Ex-isting annunciators are Edward, 14 and one-quar-ter inches wide and 14 and five-eighths incheshigh and 12 and one-eighth inches deep, withblack finish.

i. Normal: lamp and audible signal off.ii. Alarm: lamp flashes and audible sig-

nal on (alarm to be activated by closure of a con-tact).

iii. Acknowledge: lamp steady and au-dible signal off.

iv. Return to normal: lamp and audiblesignal off. (Amended during 2019 codification;28-ME-DG-02 § 23.11)

Instrumentation.A. At Pumping Station.

1. Instrumentation at the pumping stationshall be provided to indicate the following vari-ables:

a. In-Line Booster Stations.i. Primary control levels.ii. Station discharge flow.iii. Discharge pressure.iv. Suction pressure.v. Chlorine residual (as applicable).

b. Booster Stations with Pumped Storage.i. Primary control pressures.ii. Station discharge flow.iii. Reservoir influent flow.iv. Discharge pressure.v. Reservoir level.vi. Chlorine residual (as applicable).

c. The above indicating instruments (ex-cept the chlorine residual indicator) shall be lo-cated at the common pump control and telemeter-ing panels.

B. At WSSC Control Room.1. The following variables shall be teleme-

tered to the control room. Instrumentation shall beindicated as follows:

a. In-Line Booster Stations.i. Station Discharge Flow.

A. Indicator.B. Recorder.C. Totalizer.


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11.125.420

11.125.430

ii. Discharge Pressure.A. Indicator.B. Recorder.

iii. Remote Level.A. Indicator.B. Recorder (two pen).

iv. Suction Pressure.A. Indicator.B. Recorder.

b. Booster Stations with Pumped Storage.i. Station Discharge Flow and

Reservoir Influent Flow.A. Indicator.B. Recorder (two pen).C. Totalizer (for discharge flow

only).ii. Discharge Pressure.

A. Indicator.B. Recorder.

iii. Remote Pressure.A. Indicator.B. Recorder (two pen).

iv. Reservoir Level.A. Indicator.B. Recorder.

2. The overall dimensions, appearance andfinish of the recorders shall match the existingrecorders at the control room. Existing recordersare Bristol and BIF approximately 15 inches wideand 21 inches high with 12-inch nominal diametercharts and with black finish.

3. Because of space limitations (availablevertical panel spaces) at the control room, instru-mentation as described above may not be feasiblefor all future stations. Methods for accommodatingthe required instrumentation in the space available,like combining more functions in one gauge, haveto be considered. (Amended during 2019 codifica-tion; 28-ME-DG-02 § 23.12)

Telemetering system.The telemetering system shall be suitable for

operation on 120 volts, single-phase, 60 cycles.A scanner system may be used for transmitting

from the pumping station and receiving at theWSSC Control Room status indications andalarms. But for all control functions, individualfrequency shift transmitters and receivers shall beused. For transmission of levels or pressures to thecontrol room from remote sensing points where no

control is involved AM transmitters and receiversmay be used.

Pressure and level indicating transmitters shallhave a time cycle of 15 seconds.

Leased telephone lines shall be used for signaltransmission between the pumping station and re-mote control points and between pumping stationand WSSC Control Room. A telephone terminalcabinet of adequate size, surface mounted, shall beprovided on the wall near the motor control centerclose to the telemetering cabinet.

All equipment for telemetering, control and in-dications, alarms and instrumentation to be in-stalled at the WSSC Control Room has to be fur-nished by contractor, but installation will be doneby WSSC.

Location for all equipment needed for control,indication, alarms, instrumentation, etc., shall beclearly indicated on the schematic drawings andcoordinated with floor plans. All conduits andwiring needed for a functioning system shall beclearly indicated on floor plans and all fieldmounted devices like limit switches, auxiliary con-tacts, and solenoid valves shall be specified withthe associated major equipment and indicated onplans. (Amended during 2019 codification;28-ME-DG-02 § 23.13)


Flow metering.In the case of in-line booster stations, the station

discharge flow shall be metered with a one-wayVenturi type flow meter; and in the case of boosterstations with pumped storage, both influent anddischarge flows shall be metered with a two-wayVenturi type flow meter. The influent flow indica-tion would be helpful in positioning inlet controlvalve on the fill line to the reservoir to get any de-sired rate of flow.

Station discharge flow indication is required atthe pumping station and also at the WSSC ControlRoom. For transmission to the WSSC ControlRoom, the flow element shall be connected to aflow transmitter (nonmercury type) capable ofproducing a time pulse signal proportional to theflow, and compatible with the receiver.

For flow instrumentation and control require-ments, see Article VII, Controls and Instrumenta-



11-55

11.125.440

11.125.450

11.125.460

11.125.470

11.125.480

11.125.490

tion. (Amended during 2019 codification; 28-ME-DG-02 § 10)

Chlorination facilities – General.Chlorination facilities for disinfection, when re-

quired, shall be located in a separate room adjoin-ing the pump operating room.

For in-line booster stations, the chlorinationshall be automatic; and for booster stations withpumped storage, a manual system is consideredadequate. However, the need for chlorination facil-ities and mode of operation shall be checked withWSSC, before start of design.

For layout of the chlorination facility, mode ofoperation, controls, major components, heatingand ventilation, safety requirements, etc., refer tothe Mechanical and Electrical Design Guidelinesfor Chlorination Facilities (under preparation atthis time). (28-ME-DG-02 § 11)

Station drainage.All station interior and footing drains shall be

drained to natural drainage. If there is a reservoirand if elevations permit, these drains shall connectto the reservoir overflow for discharge to the stormdrains.

If gravity drainage is not feasible from thepumping station because of the location and el-evations, the pumping station drains shall be ledto an adequately sized drain sump and pumpedout. There shall be two close-coupled, submersiblesump pumps. One of the pumps shall be sized forthe normal expected drainage flows and shall havebuilt-in float switch for on-off control. The otherpump shall be sized for four or five times the nor-mal flow.

A pressure tube type flood sensor, Vigiltrol byAutocon or equal, shall be located at a suitablepoint near the sump, on the pump floor to startthe large sump pump, to transmit station flooding

alarm via telemetering to the WSSC ControlRoom, and to stop all pumps (if considered neces-sary).

In the case of booster stations with pumped stor-age, reservoir overflow shall also be annunciatedat WSSC Control Room as an alarm. (Amendedduring 2019 codification; 28-ME-DG-02 § 12)

Restroom facilities andwastewater.

A toilet consisting of a water closet, tissue dis-penser, lavatory and a combined towel dispenserand waste receiver shall be provided. Hot water isnot considered necessary.

Toilet and other sanitary drain wastes shall beseparately piped to local sewers if they exist, orto a small septic tank to be constructed near thepumping station. (28-ME-DG-02 § 13)

Security.All door locks are to be keyed to the WSSC sys-

tem. Fencing is to be limited to the net area that re-quires security. (28-ME-DG-02 § 14)

Painting.Painting inside the pumping station – pumps,

pipes, conduits, etc. – shall conform to StandardSpecifications Section 09900 and WSSC11.125.170. (28-ME-DG-02 § 16)

Noise control.A. Guidelines for the Design of Noise Control

in Facilities of the Washington Suburban SanitaryCommission, revised July 1977, establish theproperty line goals to “ensure compliance with ap-plicable regulations and to minimize the impacton existing noise environment where such impactcould affect the public health and general welfare.”Goals related to achieving this compliance aregiven in the following table:


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11.125.500

WSSC PROPERTY LINE NOISE CONTROL GOALS

Zone Maximum Daytime Levels(7 a.m. to 10 p.m.)

Maximum Nighttime Levels(10 p.m. to 7 a.m.)

Residential 55 dBA 50 dBA

Commercial 62 dBA 62 dBA

Industrial 62 dBA 62 dBA

Note: Ambient conditions may require more stringent goals.* Maximum levels for noise containing pure tones, hums, whines, or impulses of a periodic character shall be five dBAbelow values listed in the table.

B. Workplace noise control goals were estab-lished to ensure that WSSC personnel are not sub-jected to hearing damage risk and that noise levels

in work environments are compatible with workactivities. Goals related to achieving workplacecompliance are given in the following table:

WSSC WORKPLACE NOISE CONTROL GOALS

Workplace Activity Description Noise Goal PSIL*

Machinery operation and maintenance 85 dBA —

Noisy environment with speech communicationsrequired

85 dBA 72 dB

* PSIL is speech interference level equal to the average of the noise levels in the 500, 1,000 and 2,000 Hertz octavebands.

Sources of noise for exterior control are the airintake and exhaust louver systems, generator ex-haust, influent control assembly and pump opera-tions. Noise control worksheets shall be completedand submitted for review documenting noise con-trol design data and calculations.

Twenty-four-hour ambient sound level record-ings shall be specified to be made at the site priorto starting construction to document existing noiselevels, and following construction when the stationis operating. (28-ME-DG-02 § 20)

Station lighting.Station lighting shall be designed for sufficient

levels of illumination for the various areas. Thefollowing illumination levels are recommended:

Storage and Rest Rooms 20 fc

Pump Room 30 fc

Chlorine Room

Storage Areas 30 fc

Chlorine Panel/FeedArea

50 fc

Motor Control CenterArea

50 fc

Generator Room 30 fc

Building Entrance 5 fc



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11.125.510

11.130.010

11.130.010

Lighting fixtures shall be located to facilitate re-lamping and maintenance.

Energy efficient light sources shall be used.Switching shall enable sectional control for par-

tial illumination.Exterior lighting shall be designed to provide

adequate lighting at doorways and substa-tion/transformer areas. Control shall be automaticwith manual override. Fixtures shall be vandal-proof.

Battery operated emergency lights shall be pro-vided for safe egress at strategic places in the sta-tion. As a minimum there shall be at least one atthe pump floor, two at the pump room upper levelnear the exits, one in the generator room (and onein the chlorine room).

Exit lights shall be provided as required.(28-ME-DG-02 § 22)

Miscellaneous.Hose bibs shall be provided on the interior of

the station for cleaning, and wall hydrants (three-quarter-inch freeze-proof type) shall be providedon extended walls, one on each side, for mainte-nance of landscaping.

A regular business phone shall be provided forOperations and Maintenance use. (28-ME-DG-02§ 17)

Chapter 11.130

PIPELINE DESIGN MANUAL

Sections:Pipeline Design Manual.

Pipeline Design Manual.The Pipeline Design Manual is available online

at https://www.wsscwater.com/pipelinedesign.

11.125.510 PIPELINE DESIGN MANUAL

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https://www.wsscwater.com/pipelinedesign

11.135.01011.135.02011.135.030

11.135.010

11.135.020

Chapter 11.135

PROCEDURES FOR ISSUING WSSCCONSTRUCTION PERMITS

Sections:Purpose.Definitions.Procedures.

Purpose.To clearly define the procedural steps required

to issue, administer, and eventually close out aWSSC construction permit in accordance withprovisions of Section 3-3 and Section 8-1 of theWashington Suburban Sanitary District Code. Inaddition, to define the responsibilities and admin-istrative duties of appropriate offices within theCommission and to outline proper coordinationsteps necessary to review plans and specifications,cost estimates, provide construction inspectionleading to ultimate approval of work and/or accep-tance of facilities for maintenance and operation,and processing of a permit fee to cover the Com-mission’s expense of the preceding stages. Also, itis intended to outline in the following proceduresthe method of administering and coordinating pro-jects under the turnkey concept. The overall objec-tive is to formulate procedures and establish meansfor coordination within the Commission to ensuretimely processing and issuance of the constructionpermit. (PD 90-01 § 1)

Definitions.Abandonment. In the event the systems or facil-

ities are of a temporary nature, the permittee willbe required to abandon the facilities at its expenseand to the satisfaction of the Commission at suchtime as a permanent service is made available toserve the project. The permittee is required to fur-nish a bond, irrevocable letter of credit, or a de-posit acceptable to the Commission to cover thecosts of abandoning facilities when such action be-comes necessary.

Account Numbers. On nonturnkey projects,6776 is a general account number that all timeshould be charged to, prior to a job number beingassigned or subsequent to one being closed. Afterissuance of the job number, account number 6771should be used with the associated job number on

all types of projects. On turnkey projects, generalaccount numbers must be obtained from the Gen-eral Accounting Section after a facility has beenaccepted for operation by the Commission. Onegeneral account number may be required to cap-ture operating cost to be borne by the Commissionand another may be required to capture operatingcost to be invoiced by the permittee.

“As-built drawing” means a certified copy ofplans, acceptable to the Commission, showing thework as built, to be filed with the Commission asa permanent record upon successful completion ofall work covered under the construction permit.

Construction Inspection. Inspection will be ac-complished by the Bureau of Construction’s staffto ensure all construction is in accordance withplans and specifications approved by the Commis-sion, or for turnkey projects, to ensure that con-struction is in accordance with the performanceand technical criteria established by the Commis-sion for a turnkey project.

“Construction permit” means a permit issued tocover design and construction of any water and/orsewerage system or facilities within and withoutthe Sanitary District in Montgomery and PrinceGeorge’s Counties, Maryland, that will be fi-nanced with other than WSSC funds.

Insurance. On projects to be operated and main-tained by the Commission, the permittee must fur-nish the Commission a liability insurance policyin the Commission’s favor, to protect the Commis-sion’s interests during the period it maintains andoperates any temporary facilities, until such timeas the facilities are abandoned and removed.

Operating Agreement. On projects to be oper-ated and maintained by the Commission, a legalagreement or memorandum of understanding mustbe executed between the Commission and the per-mittee to cover all the conditions under which theCommission agrees to operate and maintain sys-tems or facilities constructed by the permittee.

“Permit fee” means a reasonable fee charged tocover the Commission’s expenses for reviewingand approving plans and specifications, issuing thenecessary construction permit, and inspecting con-struction. On turnkey projects, the permit fee mayinclude Commission expenses for inspection dur-ing testing and startup of a facility and the hiringof operating personnel prior to acceptance of the



11-59

11.135.030

facility by the Commission. Sections 8-2(b) and8-3(b) of the WSSD Code specify that the portionof the fee related to reviewing and approving plansand specifications and issuing the necessary con-struction permits cannot exceed six percent. Thepermit fee is computed on the basis of six percentof the first $200,000 of estimated constructioncost, and five percent of the excess cost over$200,000. Sections 8-2(c) and 8-3(c) of the WSSDCode stipulate that the Commission is authorizedto fix and collect from the owners or operators ofsystems a reasonable fee for its supervision and in-spection. On all projects, the General AccountingSection will be responsible for monitoring actualcost incurred for inspection during constructionand, when deemed necessary, invoice the permit-tee. The construction permit, operating agreement,or memorandum of understanding executed be-tween the Commission and permittee should con-tain a condition for progress billing in order thatinspection costs, including overhead, may be re-covered as they are incurred. In the event that aproject is terminated prior to payment of a permitor inspection fee, the permittee shall be invoicedfor the actual cost, including overhead, expendedby the Commission on the project.

“Permit number” means a job number bearingalphabetical codes “SO” and “WO” which appearon the permit, plans, specifications, and any othercorrespondence pertaining to the permit. The jobnumber is obtained from the Water and Sewer Re-ports Section.

“Permittee” means any firm, corporation, mu-nicipality, locality, person or persons desiring toconstruct, operate, and maintain systems or facil-ities within and without the Sanitary District inMontgomery and Prince George’s Counties, Mary-land, or desiring to construct and have the Com-mission operate and maintain said systems or fa-cilities.

Project Coordinator. On turnkey projects thatare to be operated and maintained by the Commis-sion or approved by the Commission for operationby the permittee, a coordinator will be assignedfrom Planning and Engineering Division; this per-son will be the permittee’s point of contact withthe Commission. This person will have overall re-sponsibility for coordinating all aspects of the pro-ject.

Rights-of-Way. On projects that the Commis-sion is to operate and maintain, the permittee mustgrant the Commission right to ingress and egressupon the property owned by the permittee at nocost to the Commission.

Turnkey Project. All projects, including watermain and sewer jobs, are to be handled under aturnkey concept. Under this concept, the permitteewill design and construct all facilities in accor-dance with Commission performance and techni-cal criteria. The permittee will be responsible forproviding quality assurance reports and certifica-tion, from a source totally independent of the con-tractor, on all phases of construction as they arecompleted. The Commission will accept or ap-prove the facilities for operation upon completionof construction and successful testing. (PD 90-01§ 2)

Procedures.A. It will be the responsibility of the Permits

Processing Section to receive the permittee’s writ-ten request for a construction permit.

B. It will be the responsibility of the PermitsProcessing Section to obtain a permit number fromthe Water and Sewer Reports Section and assignit to the project as well as notifying, in writing,the General Accounting Section and the Bureau ofPlanning and Design of a request for a construc-tion permit and the number assigned to the permit.

C. Upon receipt of notification that a construc-tion permit has been requested, the Bureau ofPlanning and Design will assign the project to theappropriate section for coordination of design. TheWater and Sewer Design Section will coordinatethe review and approval of water main and sewerprojects. The Planning and Engineering Divisionwill handle all projects, such as pumping stations,treatment plants and storage facilities. The Plan-ning and Engineering Division will be responsiblefor assigning a Project Coordinator for a turnkeyproject.

D. The Water and Sewer Design Section and/orthe Planning and Engineering Division, as appro-priate, will be responsible for providing the per-mittee and/or his engineer the necessary engineer-ing and technical criteria prior to beginning of anydesign.

E. Design plans will be accepted by the Waterand Sewer Design Section or the Planning and En-

11.135.030 PROCEDURES FOR ISSUING WSSC CONSTRUCTION PERMITS

11-60


gineering Division. Once design has commenced,the Water and Sewer Design Section or the Plan-ning and Engineering Division will handle all con-tact with the permittee and/or his engineer relativeto status of design matters. Although the permitteeis solely responsible for obtaining all other neces-sary permits, the Water and Sewer Design Sectionwill be responsible for responding to any inquiriesthe permittee may have regarding any other per-mits required for the project.

F. The Water and Sewer Design Section orPlanning and Engineering Division will be respon-sible for notifying the Legal Office if an operatingagreement is required for a project and for coor-dinating the engineering aspects of the agreement.The operating agreement must be executed by thepermittee and the Commission prior to the Com-mission accepting any facilities for operation, butnot prior to issuance of the construction permit.

G. Upon completion of the plans and speci-fications and review of the engineer’s estimatedconstruction cost for the project, the Permits Pro-cessing Section will be notified by the appropriatesection in the Bureau of Planning and Design thatthe actual permit can be prepared and what, if any,legal or engineering special conditions should beincorporated into the permit. The permit fee willbe computed by the appropriate section in the Bu-reau of Planning and Design and will notify thePermits Processing Section of the amount in or-der that the fee can be obtained from the permittee.On turnkey projects, an estimated fee will be con-tained in the permit and provisions for invoicingthe permittee the actual cost, including overhead,for the permit and inspection fee can be coveredin the operating agreement or the memorandum ofunderstanding prior to Commission acceptance ofa facility for operation.

H. The Permits Processing Section will preparethe permit document in duplicate, incorporating allspecial conditions and permit fee. Both copies ofthe document will then be forwarded to the per-mittee for execution, denoting acceptance of anyand all conditions. Upon return of both copies ofthe document, accompanied by the requisite fee,the permit, in duplicate, will be forwarded to theappropriate section in the Bureau of Planning andDesign for simultaneous signing of plans, specifi-

cations and permits by the Director of the Depart-ment of Engineering.

I. Following signature by the Director for theDepartment of Engineering, the permit documentswill be returned to the Permits Processing Sectionfor distribution. The original, fully executed doc-ument will be forwarded to the permittee consti-tuting the issued permit, and the duplicate will beretained by the Permits Processing Section for theduration of the project. The Permits ProcessingSection will distribute copies of the permit to theState of Maryland Environmental Health Admin-istration, Department of Health and Mental Hy-giene, as well as the following Commission Of-fices:

1. Secretary.2. Treasurer.3. Legal Office.4. Department of Engineering.5. Department of Maintenance and Opera-

tions.6. Bureau of Construction.7. Bureau of Maintenance.8. Bureau of Operations.9. Bureau of Planning and Design.10. Facilities Maintenance Division.11. Operations Division.12. Planning and Engineering Division.13. General Accounting Section.14. Project Management Sections.15. Water and Sewer Design Section.The Water and Sewer Design Section or the

Planning and Engineering Division will be respon-sible for distribution of plans and specificationsto appropriate offices within the Commission, de-pending on the nature of the project.

J. It is the responsibility of the Bureau of Con-struction to ensure that all construction of watermain and sewer projects are built or installed inaccordance with the plans and specifications andare complete and operational. On turnkey projects,as phases are completed, the Project Coordinatorwill obtain from the permittee quality assurancereports on all construction, to ensure that facilitiesare constructed in accordance with the Commis-sion’s performance and technical criteria as ap-proved. Various sections within the Bureaus ofConstruction and Planning and Design will pro-



11-61

vide any necessary support required by the ProjectCoordinator.

K. The Bureau of Construction or the ProjectCoordinator will notify the Department of Mainte-nance and Operations and any other affected Com-mission offices when facilities are structurallycomplete in order that necessary chlorination testsor start-up can be conducted prior to the facilitiesbeing placed in service.

L. The Bureau of Construction or the ProjectCoordinator will be responsible for obtaining anacceptable as-built drawing prior to any facilitiesbeing placed in service.

M. On water main projects, Maintenance Man-agement will notify the Bureau of Constructionwhen chlorination tests have been satisfactorilycompleted and the facilities can be placed in ser-vice.

N. The Bureau of Construction or the ProjectCoordinator, on turnkey projects, will determinethat all conditions of the permit and any other op-erating agreements have been met and will preparea letter for the Director of the Department of Engi-neering to so advise the permittee that the facilitiescan be placed in or accepted for service. Copies ofthis letter will be sent to the State Department ofHealth and Mental Hygiene and all affected Com-mission offices.

O. Upon receipt of a copy of the above-men-tioned letter, the General Accounting Section willclose out the permit number and so notify all ap-propriate offices in order that further charges willnot be made against the permit number after facil-ities have been placed in service. The general ac-count numbers will then be utilized for accountingpurposes in accordance with the definition of “ac-count numbers” in WSSC 11.135.020.

P. At such time as any temporary facilities areready to be abandoned, the Bureau of Planning andDesign should be advised by the appropriate Com-mission office in order that the permittee can benotified to undertake the necessary work.

Q. In the event the permittee does not moveforward in a timely fashion to complete the aban-donment or the abandonment is not completed tothe satisfaction of the Department of Maintenanceand Operations, the Legal Office will be so ad-vised in order that necessary legal action can beinitiated.

R. Upon successful completion of the requiredabandonment, the Department of Maintenance andOperations will notify the General AccountingSection and the Legal Office in order that any de-posits, letters of credit, or bonds, together with anyrights-of-way in favor of the Commission, can bereleased to the permittee. (PD 90-01 § 3)

11.135.030 PROCEDURES FOR ISSUING WSSC CONSTRUCTION PERMITS

11-62


11.145.01011.145.02011.145.030

11.145.010

11.145.020

11.145.030

Chapter 11.145

STANDARD PROCEDURE FOR PIPELINEAS-BUILTS


Purpose.To provide definite procedures for the process-

ing of as-built drawings for pipeline constructioncontracts to the Engineering Records Section formicrofilming and final record keeping. (C 79-02)

Definitions.“As-built drawings” means final record draw-

ings prepared in accordance with requirements asstated in WSSC Standard Specifications SectionO1000, I.9.

“Contractor’s as-builts” means as-built draw-ings prepared by WSSC’s contractors.

“In-house as-builts” means as-built drawingsprepared by WSSC’s Surveys Section. (C 79-02)

Procedures.A. In-House As-Built Drawings.

1. In-house as-builts will be prepared by theSurveys Section and forwarded to the EngineeringRecords Section for microfilming within 10 work-ing days of substantial completion of the project.

2. The Engineering Records Section will mi-crofilm the as-builts and forward them to the Of-fice Engineering Section within two working daysof receipt from the Surveys Section.

3. The Office Engineering Section will logand forward the as-builts to the Contract Manager,for his use in substantiating the contractor’s finalestimate, upon receipt.

4. The Contract Manager will return the as-builts to the Engineering Records Section throughthe Office Engineering Section for permanent fil-ing.

B. Contractor’s As-Built Drawings.1. The contractor will submit the as-builts to

the Contract Manager within 10 working days ofsubstantial completion of the project.

2. The Contract Manager will forward the as-builts to the Surveys Section for review and ap-proval.

a. If the as-builts do not meet specified re-quirements, the Surveys Section will return to theOffice Engineering Section for return to the con-tractor for corrections. Resubmission will be han-dled as in subsections (B)(1) and (B)(2) of thissection.

b. Upon acceptance of the as-builts by theSurveys Section, the process will continue as insubsection (A)(1) of this section. (C 79-02)



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11.150.01011.150.02011.150.030

11.150.010

11.150.020

11.150.030

Subtitle V. Water and Sewer ServiceAuthorization

Chapter 11.150

ADMINISTERING RELEASES FORSERVICE


Purpose.To outline the procedures used to release water

and sewer facilities for service or maintenance.(CON 95-03 § I)

Definitions.“Certificate of substantial completion” means a

document issued by the authorized representativeof the WSSC, and cosigned by the WSSC con-tractor, stating the date a construction contract (orspecified part thereof) is substantially complete.

“Contract/Technical Services Section (CTSS)receipt log” means a record kept by the CTSS enu-merating the receipt dates of documents and ac-tions taken in administering contract releases.

“Final inspection punch list” means a list of de-fects or deviations from WSSC contract specifica-tions and/or directives which the contractor mustcorrect before the facility will be accepted by theWSSC.

“Record of water and sewer release” means adocument used by the various WSSC administra-tive units to effect the transfer of a contract fromthe contractor to the WSSC for assessment and/ormaintenance.

“Release for maintenance only” means the ac-tion by which the contract or parts thereof are re-leased for maintenance takeover by WSSC but notreleased for service.

“Request for partial release for service” means astandard form on which the Contract Manager liststhose water and/or sewer house connection permitnumbers included in that portion of the contracthe/she wishes to release (in lieu of releasing theentire contract).

“Results of air test” means a standard form usedto record the results of air pressure tests performed

on sanitary sewer lines to determine if the line(s)meet WSSC specifications for watertightness.

“Standard letter announcing release” means asingle form letter signed by the CTSS SectionHead used to notify the applicant for the refer-enced project that the water and/or sewer facilityhas been released for service and is ready forhookups.

“Substantially complete” means a contract, orspecified part thereof, which has been constructedto the point where it can be used for its intendedpurpose.

“Water/sewer house connection final” means acopy of the construction plans on which the lo-cations (ties) and permit numbers of the pointsof connection of the public (WSSC) and private(“house connection”) water lines and sewers havebeen shown as prepared by the WSSC Construc-tion Inspector.

“Zone book” means a looseleaf notebook keptfor each zone and/or depot containing contract in-formation sheets for each contract administered bythat zone/depot. The “contract information sheet”is a log of estimate receipts, amounts, and dates es-timates are paid by the WSSC. The contract infor-mation sheet contains supplemental informationsuch as date of bid and substantially complete andother significant events which take place duringthe execution of the contract. (CON 95-03 § II)

Procedures.A. Release of Sewer Facility Projects – Entire

Contract.1. The CTSS will release a sewer facility

project upon receipt of the certificate of substantialcompletion from the Contract Manager (CM). TheCM is responsible for assuring that the sewer facil-ity is ready for release and that there are no defectsrequiring interruption of service to correct.

2. The CTSS will release the facility by:a. Checking the plans and drawings of the

sewer lines to be released for downstream limita-tions or other constraints which may prevent thesewer from being used.

b. Checking with the Soils Unit Supervi-sor to ensure that compaction results meet contractrequirements and contract can be released for ser-vice.

c. Completing a record of water and sewerrelease. Copies of this release will be forwarded

11.150.010 ADMINISTERING RELEASES FOR SERVICE

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to all parties listed on that document. The originalwill go to the WSSC Assessments Office.

d. Sending the applicant a standard letterof notification that the facility has been released.

e. The receipt log will be updated with therelease number and date, and the date of receipt ofthe certificate of substantial completion.

f. The release date and the log number willbe entered on the contract card in the contract cardfile.

g. Input release information into com-puter.

h. Providing a copy of the certificate ofsubstantial completion to the Chief ConstructionEstimator for warranty inspection.

3. Five working days from receipt of the cer-tificate of substantial completion from the CM, theCM is responsible for assuring that the CTSS re-ceives:

a. Design critique.b. Sewer house connection final.c. Copy of the request for as-built survey.d. Final inspection punch list, including

the results of air tests and description of under-ground ties, if applicable.

4. The CTSS will date stamp each documentand acknowledge receipt of the documents on theenclosed check list and return it to the CM.

B. Release of Water Facility – Entire Contract.1. The CTSS will release a water facility af-

ter receiving the certificate of substantial comple-tion from the CM. It is the CM’s responsibility forassuring that the water facility is ready for releaseand that there are no defects requiring interrup-tions of service.

2. The CTSS will record the receipt of thecertificate in the zone book.

3. The CTSS will release the facility by:a. Checking with the Soils Unit Supervisor

to ensure that compaction results meet contract re-quirements and contract can be released for ser-vice.

b. Completing a record of water and sewerrelease. Copies of this release will be forwardedto all parties listed on that document. The originalwill go to the WSSC Assessments Office.

c. Forwarding a standard letter to the ap-plicant announcing the release.

d. The receipt log will be updated with therelease number and date, and the date of receipt ofthe certificate of substantial completion.

e. The release date and the log numberwill be entered on the contract card in the contractcard file.

f. Input release information into computer.4. Five working days from the receipt of the

certificate of substantial completion from the CM,the CM is responsible for assuring that the CTSSreceives:

a. All water ties.b. Design critique.c. Final inspection punch list showing no

defects which would require interruption of ser-vice to correct.

d. Copy of the request for as-built survey.5. The CTSS will date stamp each document

and acknowledge receipt of the documents on theenclosed check list and return it to the CM.

C. Releasing Water and Sewer Facilities on theSame Record of Water and Sewer Release.

1. This procedure covers the condition wherethe CM wishes to release both water and sewer onthe same record of water and sewer release, thusreleasing the entire water and sewer contract at onetime. The CTSS will release both water and sewerfacilities upon receiving the certificate of substan-tial completion from the CM.

2. The CTSS will log the date of the receiptof the certificate in the CTSS zone book and checkthe plans and drawings to ensure that there are nolimitations to putting the facilities in service.

3. If the certificate of substantial completionis in order, the CTSS will release the contract by:

a. Checking the plans and drawings of thesewer lines to be released for downstream limita-tions or other constraints which may prevent thesewer from being used.

b. Checking with the Soils Unit Supervi-sor to ensure that compaction results meet contractrequirements and contract can be released for ser-vice.

c. Completing a record of water and sewerrelease. Copies of this release will be forwardedto all parties listed on that document. The originalwill go to the WSSC Assessments Office.

d. Forwarding a standard letter to the ap-plicant announcing the release.



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e. The receipt log will be updated with therelease number and date, and the date of receipt ofthe certificate of substantial completion.

f. The release date and the log number willbe entered on the contract card in the contract cardfile.

g. Input release information into com-puter.

4. Five working days from the receipt of thecertificate of substantial completion from the CM,the CM is responsible for assuring that CTSS re-ceives:

a. All house connection and field finals.b. Design critique.c. Final inspection punch list.d. Copy of the request for as-built survey.

5. The CTSS will date stamp each documentand acknowledge receipt of the documents on theenclosed check list and return it to the CM.

D. Release of Water and Sewer Facilities forMaintenance Only.

1. Releases for maintenance only are donebecause, while the utility’s construction may becomplete, it cannot be put into service because: ithas no outfall, putting it into service is dependentupon the future completion of another project, orthe facility is not, as yet, connected into the exist-ing (live) water and/or sewer system.

2. The CTSS will release a contract for main-tenance purposes only upon receiving from theCM the certificate of substantial completion.CTSS will review the contract plans and determineif the only facility (or part thereof) can be releasedfor maintenance only.

3. The CTSS will log in the receipt of thecertificate in the zone book and complete a recordof water and sewer release stating on that docu-ment that the release is for maintenance only.

4. The CTSS will note the date of the releasefor maintenance only in the contract card file.

E. Partial Releases of Water and SewerFacilities.

1. This procedure covers the condition wherethe CM wishes to release part of a water and/orsewer contract. The CTSS will release those partsof water and/or sewer contract via written requestfrom the CM.

The CTSS will release those parts of a con-tract requested by the CM upon receipt of:

a. A certificate of substantial completionnoting what parts of the project are to be released.

b. A completed partial release for servicerequest form listing the house connection permitnumbers included in the request.

2. The CTSS will check the contract plansfor any limitations to putting the partial releaseinto services.

3. The CTSS will release these parts of thecontract requested by:

a. Entering in the computer the date theconnection was buried for only those permitsready for release.

b. Noting on the contract card the date ofeach partial release.

c. Hold the documentation until final re-lease.

F. Rush Release of Water and Sewer Facilities.1. This procedure covers the condition where

the Contract Manager wishes to release water andsewer facilities quickly to satisfy agreements be-tween a developer, contractor, municipality, andthe WSSC.

2. The Construction Manager or Construc-tion Division Manager phones the CTSS with:

a. The contract number, project, contrac-tor, contract date, what parts of the contract are tobe released, and the date of substantial completion.

b. In the case of partial releases, the Con-struction Manager or Construction Division Man-ager must supply the house connection permitnumbers included in that portion of the project tobe released.

c. The date(s) that the water lines passedtheir chlorination tests.

3. The CTSS will record this information andconfirm there are no limitations to releasing the fa-cility for service.

4. Within 10 working days, the CTSS mustreceive:

a. A certificate of substantial completion.b. All house connection and field finals.c. Final inspection punch list.d. Copy of the request for as-built survey.e. For partial releases, a completed partial

release for service request form.

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11.155.010

11.155.010

5. The CTSS will date stamp each documentand acknowledge receipt of the documents on theenclosed checklist and return it to the CM. (CON95-03 § III)

Chapter 11.155

DEVELOPMENT SERVICES CODE

Sections:Development Services Code.

Development Services Code.A PDF of the Development Services Code☰

is available for download. (Development servicescode, dated July 1, 2015)



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https://municipal.codes/MD/WSSC/Code/Media/DevelopmentServicesCode2015.pdf

11.160.01011.160.020

11.160.010

11.160.020

Chapter 11.160

PROCEDURES FOR TRANSFER OFAUTHORIZATIONS

Sections:Purpose.Procedures.

Purpose.To establish a policy for the Commission to

adopt in connection with requests for transfer ofauthorizations from one applicant to another, whenthe ownership of the property, that is the subjectmatter of the authorization, is or may be trans-ferred or sold to a new ownership. (L 76-01)

Procedures.A. All requests for transfers of authorizations

must be made by the property owner or a prospec-tive property purchaser, in writing, prior to the ex-piration of the authorization period (as extended,if applicable). This written request should be sub-mitted to the Secretary of the Commission at theRichard G. Hocevar Building, 14501 SweitzerLane, Laurel, Maryland 20707.

B. The request must be accompanied by properdocumentation of property ownership:

1. A new property owner must submit a copyof the executed contract of sale and a certifiedcopy of the deed which is recorded among the landrecords of the appropriate county.

2. A prospective purchaser must submit acopy of an executed conditional sales contract andalso a certified copy of the deed when it isrecorded among the land records of the appropriatecounty.

3. If the property has been obtained by fore-closure or by a tax sale, a certified copy of the ap-propriate final court decree must be attached.

C. The request for transfer must be signed byboth the proposed transferor (the old propertyowner who is the holder of the authorization or thecontract seller) and the proposed transferee (thenew property owner who is seeking the authoriza-tion or the contract purchaser). This shall not applyin those circumstances where the property is ob-tained by foreclosure or tax sale.

D. The transferee (new property owner or con-tract purchaser) must submit a statement concern-ing plans for use of the property.

E. If the prospective use of the land is the sameas that specified in the authorization, the ReportsSection will review the statement to determinewhether any technical, engineering or financialfactors require a revision. If none exist, a rec-ommendation to transfer the authorization will bemade to the Commission. If any technical, engi-neering or financial factors require a revision, theReports Section will update the water and sewercosts analysis to reflect the changes that have oc-curred since the original authorization was ap-proved, and then the recommendation to transferthe authorization will be made to the Commission.The new authorization would be for a period of sixmonths from the date of Commission approval ofthe transfer and would be subject to the financialconstraints and conditions in effect at the time oftransfer.

F. If the property owner or prospective pur-chaser proposes to use the land in a different man-ner than specified in the authorization, a completenew engineering report will be required and theapplicant must bear the cost of this report. Thenew engineering report will require Commissionapproval.

G. All transfers of authorizations must be con-sistent with the allocation procedures in effect inthe county where the property is located at the timethe Commission approves the request for transfer.

H. It is the policy of the Commission to givedue regard to the merits of each request for trans-ferring of authorizations provided that such re-quest complies with the procedures herein, andthat the request complies with all the rules andregulations of the Commission and extant policiesconcerning water and sewer authorizations pro-mulgated by state and local officials. (Amendedduring 2019 codification; L 76-01)

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11.165.01011.165.02011.165.030

11.165.04011.165.05011.165.060

11.165.010

11.165.020

11.165.030

Chapter 11.165

USE OF THE SEWER MODEL INCONJUNCTION WITH PHASE 1

HYDRAULIC PLANNING ANALYSES

Sections:Definitions.Purpose.Proposed development aboveprojected two-year overflow.All other proposed development.HPA amendments.Request for waiver.

Definitions .*“Base sanitary flow” means proposed sanitary

flow generated from new or redevelopment as de-termined using base sanitary flow factors listed inthe WSSC Pipeline Design Manual (WSSC Chap-ter 11.130).

“CIP sized sewer lines” means gravity sewerswith an inside diameter 15 inches or greater.

“Overflow” means wastewater exiting the top ofany structure in the wastewater collection system(including manholes, vaults, wetwells and otherfacilities) and flowing out of the structure onto theground surface or into a water body. This defi-nition does not take into consideration structureswith welded or sealed lids.

“Projected future base sanitary flow” meansflow projections based on the latest demographicprojections as published by the MetropolitanWashington Council of Governments.

“Projected overflow” means overflow predictedby the WSSC sewer model.

“Release for service” means the date ownershipof the improvement transfers from the appli-cant/owner/developer to WSSC. Upon issuance ofthe release for service, the applicant agrees that ti-tle to the water and/or sewer system and appurte-nances transfers to WSSC and WSSC shall assumeownership, maintenance and operation responsi-bility for the water and/or sewer system and ap-purtenances within the bounds of the easementconveyed to WSSC and in the public right-of-way.

“Safe pumping capacity” means the measuredflowrate that a wastewater pumping station is ca-pable of pumping with the largest pump out of ser-vice based on the latest published pump station

capacity evaluation as required by the Consent De-cree, Civil Action No. PJM 04-03679, Messite,2005. Safe pumping capacity shall be the basis uti-lized when evaluating pump station capacity.

“Start of construction” means the date uponwhich all of the following have been completedby the applicant, as determined by WSSC: designplans approved by WSSC, SEP or DRP permitobtained, performance bonds provided, all neces-sary easements obtained and recorded, all neces-sary permits for construction obtained and con-struction has actually started.

“Surcharge” means a condition in which the hy-draulic grade in a gravity sewer is greater thanthe interior diameter of the sewer. (REG-IFSM-EC-2016-007)

* For terms not defined herein, see the DevelopmentServices Code (WSSC Chapter 11.155) or any succes-sor document.

Purpose.To establish the procedure for use of the WSSC

sewer model during SEP Phase 1 hydraulic plan-ning analyses (HPA), other development or rede-velopment in order to reduce to the maximum ex-tent practical the probability of sanitary seweroverflows (SSO) and excessive sewer surchargingin accordance with the purpose and intention ofSection V, Article Five of the Consent Decree,Civil Action No. PJM 04-03679, Messite, 2005.This procedure applies to CIP-size sewer and allwastewater pumping stations included in theWSSC sewer system model. As described below,the WSSC sewer model may be used to assess thepotential impact of proposed developments on theaffected CIP size sewer system and determine anyrequired conditions for service to be included inthe letter of findings by WSSC.

The adequacy of local sewers (i.e., non-CIP-size) will continue to be evaluated by the Develop-ment Services Group. (REG-IFSM-EC-2016-007)

Proposed development aboveprojected two-year overflow.

This section shall apply to all proposed newdevelopments or redevelopment (with an SEP orsite utility plan) that increase base sanitary flowfrom the site connecting into or upstream of anyCIP-size trunk sewer stretches or any wastewater



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11.165.040

11.165.050

pumping stations that have projected overflowsbased on existing dry weather flow (includinggroundwater infiltration) and rainfall dependentinfiltration and inflow from a two-year designstorm specified by WSSC. The applicants for suchdevelopments shall be required, as a condition forservice, to obtain a release for service (RFS) fromWSSC for the sewer system improvements neededto eliminate excessive surcharging, as determinedby WSSC, under the two-year storm after additionof the proposed base sanitary flow from the de-velopment under review. Consideration and evalu-ation of alternate solutions including constructionof new sewer lines and facilities and/or rehabilita-tion/reconstruction of existing sewer mains, appur-tenances, and facilities may be required. Any newsewers or facilities built shall be sized to handleprojected future base sanitary flow and the infiltra-tion and inflow from the 10-year design storm.

In addition, the development will be evaluatedfor the potential impact of any projected surcharg-ing and, in particular, the potential for causingbackups into homes or businesses. Any surcharg-ing in a sewer segment that contains service con-nections in which the hydraulic grade within thesewer is higher than the basement floor elevation(for structures with basements) or first floor eleva-tion (for structures without basements) is prohib-ited as the condition will potentially cause sewagebackups into the structures. The applicants forsuch developments shall be required, as a con-dition for service, to obtain a release for service(RFS) from WSSC for the sewer system improve-ments that eliminate backups under the two-yearstorm after addition of the proposed base sanitaryflow from the development under review. (REG-IFSM-EC-2016-007)

All other proposed development.All other proposed development projected to

generate new base sanitary flow of over 100,000net gallons per day (gpd) into a CIP-size trunksewer or wastewater pumping station shall bemodeled to determine potential impact on thatCIP-size trunk sewer or wastewater pumping sta-tion. Modeling conditions shall include the ex-isting sewer system, any proposed sewer systemimprovements under construction at the time of theHPA or HPA amendment under review by WSSC,existing dry weather flows (including groundwater

infiltration), rainfall dependent infiltration and in-flow from a 10-year design storm specified byWSSC, the proposed base sanitary flow from thedevelopment under review, and the proposed basesanitary flow from any other developments in thesubject sewer basin with an approved and unex-pired HPA that are also projected to generate morethan 100,000 net gallons per day.

Under these conditions, there shall be no pro-jected overflows from the sewer system caused orexacerbated by the proposed development. Other-wise, the applicant shall be required to implementsewer system improvements that eliminate the riskof overflows under the 10-year storm and elimi-nate excessive surcharging under a two-year de-sign storm specified by WSSC. Consideration andevaluation of alternate solutions including con-struction of new sewer lines and facilities and/orrehabilitation/reconstruction of existing sewermains, appurtenances, and facilities may be re-quired. Any new sewers or facilities built shall besized to handle the projected future base sanitaryflow and infiltration and inflow from the 10-yeardesign storm. In addition, the development willbe evaluated for the potential impact of any pro-jected surcharging and, in particular, the potentialfor causing backups into homes or businesses.

WSSC may allow service to the developmentprior to the release for service of the sewer systemimprovements required herein only if the applicantshows proof of start of construction of the sewerimprovements, as defined herein. Depending onthe size and scope of the required sewer improve-ments, WSSC may also place additional condi-tions upon applicant, as determined by WSSC,prior to allowing WSSC service to the develop-ment at start of construction. Additional require-ments, if any, shall be set forth in a memorandumof understanding signed by the applicant andWSSC on or before the date that the SEP is issuedfor required sewer improvements. (REG-IFSM-EC-2016-007)

HPA amendments.Proposed developments shall be reevaluated by

WSSC at the time of any letter of findings amend-ment if there is any increase in the projected flowfrom the development into any off-site sewers. De-velopments may also be reevaluated by WSSC ifany contiguous developments are submitted by the

11.165.040 USE OF SEWER MODEL WITH PHASE 1 HYDRAULIC PLANNING ANALYSES

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11.165.060

same applicant and the combined base sanitaryflow exceeds the 100,000 gpd threshold. The re-sults of the WSSC sewer model are valid as longas the HPA or HPA amendment letter of findingsis valid. (REG-IFSM-EC-2016-007)

Request for waiver.Applicants for developments that are subject to

this regulation may request a waiver of some orall of this regulation’s provisions hereof in accor-dance with the following requirements:

A. Procedural Requirements.1. A request for waiver (“request”) shall be

in writing and shall be filed with WSSC’s Cor-porate Secretary. Each filing shall consist of onepaper original and one paper copy, and must beexecuted by a duly authorized officer, director orprincipal of the applicant.

2. A request shall be filed no more than 30days after the occurrence of the facts and circum-stances on which the request relies in demonstrat-ing compliance with the legal standard set forthherein. A request shall be complete upon filing,and shall contain documents, records and other ev-idence supporting all assertions of fact therein.

3. To demonstrate that grant of the request isin the public interest, the applicant shall includewith its request a signed letter from the CountyExecutive and/or the Chair of the County Councilin which the development is located stating thatthe County Executive and/or Chair: carefully re-viewed the request; understands why the request isnecessary; supports the request; and recommendsgrant of the request by the Commission.

4. Upon receipt, the Corporate Secretaryshall: (a) assign a log number to the request, (b)notify the Chair and Vice-Chair of receipt of therequest; (c) arrange to have notice of the requestappear on WSSC’s Internet homepage (www.wss-cwater.com) within three business days of receipt;and (d) forward the original to the General Man-ager/CEO.

5. Upon receiving the request from the Cor-porate Secretary, the General Manager/CEO shallhave 30 days to review the request, assess its mer-its and prepare a recommendation to the Commis-sion regarding the request’s disposition. In prepar-ing a recommendation, the General Manager/CEOmay consider any public comment received duringthe 30-day period.

6. The Commission shall act on the requestwithin 60 days of receiving the General Man-ager/CEO’s written recommendation, which timeperiod may be extended by agreement of the appli-cant and the General Manager/CEO. The Corpo-rate Secretary shall notify the applicant in writingof the Commission’s action on the request withinfive business days thereof.

B. Commission Action and Legal Standard.1. The Commission may deny the request or

grant it in whole or in part. The Commission mayimpose conditions it deems appropriate on anygrant of the request.

2. Any grant in whole or in part shall bebased on the Commission’s determination that:

a. Considering the specific facts and cir-cumstances presented in the request, application ofthose regulation provisions for which a waiver issought will be unduly burdensome or will cause anundue hardship;

b. The underlying purpose of the regula-tion will be disserved or frustrated by applyingits requirements to the facts and circumstances setforth in the request; and

c. The granting of the request will be inthe public interest. (REG-IFSM-EC-2016-007)



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11.170.010

11.170.010

Chapter 11.170

WATER AND SEWER AUTHORIZATIONPROCESS MANUAL

Sections:Water and Sewer AuthorizationProcess Manual.

Water and Sewer AuthorizationProcess Manual.

A PDF of the Water and Sewer AuthorizationProcess Manual☰ is available for download. (Wa-ter and sewer authorization process manual, datedApril 8, 1996)

11.170.010 WATER AND SEWER AUTHORIZATION PROCESS MANUAL

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https://municipal.codes/MD/WSSC/Code/Media/WaterSewerAuthorizationProcessManual1996.pdf

https://municipal.codes/MD/WSSC/Code/Media/WaterSewerAuthorizationProcessManual1996.pdf

Title 12

(RESERVED)

12-1

13.0513.1013.3513.45

13.80

Title 13

PROPERTY MANAGEMENT

Chapters:

Subtitle I. Property Administration

Acquisition of On-Site Water/Sewer SystemsAntennas on Commission StructuresPublic Use of Consolidated Office Building FacilitiesUse Regulations for the Triadelphia and T. Howard DuckettWatersheds


Subtitle III. Materials Management

Procedure for Disposition of Scrap Metal and Surplus Goods

13-1

13.05.01013.05.02013.05.03013.05.04013.05.05013.05.06013.05.07013.05.08013.05.09013.05.10013.05.11013.05.12013.05.130

13.05.010

13.05.020

13.05.030

13.05.040

13.05.050

Subtitle I. Property Administration

Chapter 13.05

ACQUISITION OF ON-SITEWATER/SEWER SYSTEMS

Sections:Purpose.Definitions.General.Acquisition criteria.Benefit assessment applicability.Application processing.System evaluation.WSSC evaluation.On-site certification.Residential acquisition alternatives.Legal transfer.Post acquisition action.Statutory authority.

Purpose.To provide a policy and procedural guide for

the selective acquisition by WSSC of on-site waterand/or sewer systems. (PD 98-01 § I)

Definitions.“On-site system” means a system of privately

owned, constructed and maintained water mainsand/or sewer lines currently served by WSSC’swater and/or wastewater system. (PD 98-01 § II)

General.A. WSSC will comprehensively review a re-

quest from an owner of an on-site water and/orsewer system that the Commission acquire all orparts of the system, that is, assume responsibilityfor future operation and maintenance of the sys-tem. If WSSC agrees to the acquisition request,the applicant must upgrade the system to WSSCstandards before WSSC will formally take over thesystem. The applicant is also required to evalu-ate the system and complete all necessary systemupgrades, and to reimburse WSSC for its costs toreview the applicant’s evaluation and upgrade ofthe system. For on-site residential systems WSSCwill, if requested by the owner, evaluate and up-grade the system. Such applicants are required topay for WSSC’s system evaluation and upgrade

costs; however, they may do so over a number ofyears, by agreeing to an annual property assess-ment.

B. WSSC may also request that an owner of anon-site system allow WSSC to acquire all or partof the system. In such cases, the WSSC will eval-uate and upgrade the system and pay all attendantcosts. (PD 98-01 § III)

Acquisition criteria.A. At the request of an owner, WSSC will con-

sider acquisition of all or part of an on-site system.Requirements for acquisition shall be:

1. The system has been in service more thanfive years.

2. The building(s) or property served is orwill be under separate ownership as specified bythe WSSD “Plumbing and Gas Fitting Regula-tions.”

3. Sewer line sizes are six inches or greaterin diameter and water lines are four-inch diameteror greater (unless smaller sizes are deemed accept-able by WSSC).

B. WSSC may seek acquisition of all or part ofan on-site private system if any of the followingare factors:

1. Potential exists for adjacent property de-velopment and for future WSSC construction costavoidance.

2. Acquisition of the system offers clear ad-vantages to WSSC. (PD 98-01 § IV)

Benefit assessment applicability.A. Benefit assessments for private systems are

levied in accordance with the Public Utilities Ar-ticle, Annotated Code of Maryland, and as furtheramplified in the Commission’s Property Assess-ments Manual, WSSC Chapter 5.65, and in thischapter.

B. If existing lines are situated on the sitewhich must be abandoned, any portion of the linesnot used for continued service must be abandonedat the owner’s expense and may additionally besubject to redemption rules for prior assessmentlevies, for all or portions of line segments aban-doned. (Amended during 2019 codification; PD98-01 § V)



13-3

13.05.060

13.05.070

Application processing.A. A request for WSSC takeover must be sub-

mitted in writing by the owner or the owner’s des-ignated representative to the WSSC’s Civil Engi-neering Support Section. The requestor shall out-line why the WSSC should assume full or partialmaintenance responsibility. The request shall beaccompanied by descriptive material such as:

1. Record plat.2. Site plans showing the existing facilities

and structures served.3. Vicinity maps.4. Plans defining limits of takeover request.

B. After performing a preliminary evaluation ofthe system, in accordance with WSSC 13.05.040,Acquisition criteria, an engineering feasibility re-port will be prepared by WSSC’s Civil Engineer-ing Support Section. The report will be circulatedto several staff offices and the Technical AdvisoryCommittee (TAC) for conceptual approval/disap-proval. Subsequently, the applicant will be advisedof the staff’s initial evaluation of the request. Ifthe request is conceptually approved, the applicantwill be provided a preliminary list of conditionsunder which the WSSC might assume responsibil-ity for the system. The applicant will be asked toreaffirm the request for takeover, after having con-sidered WSSC’s takeover conditions.

C. Upon receipt of the applicant’s reaffirmationletter, a consolidated package, along with a staffengineering report, will be forwarded for finalconditional approval/disapproval decision. Thestaff’s engineering report shall highlight the ad-vantages and disadvantages of system acquisitionby WSSC. Subsequently the applicant will be no-tified whether the request has been approved ordisapproved. If approved, the applicant will be re-quested to employ a private engineer at the appli-cant’s sole expense to perform an evaluation of thesystem as described in WSSC 13.05.070 and tosubsequently rehabilitate the system; that is, elim-inate all deficiencies identified by the applicant’ssystem evaluation as well as by WSSC’s evalua-tion of the same system. (See WSSC 13.05.080.)The applicant will also be required to reimburseWSSC for all costs (direct and indirect) incurredby WSSC in its evaluation of the system, both be-fore and after applicant rehabilitation of the sys-tem.

D. If an applicant represents a residential con-dominium, homeowners’ association or a housingcooperative whose units are individually owned,the applicant may alternatively employ WSSC toevaluate and upgrade the system. (See WSSC13.05.100.) (Amended during 2019 codification;PD 98-01 § VI)

System evaluation.If an on-site system takeover is approved, a

thorough system examination shall be performedby an engineer employed by either the applicant orWSSC. Resulting as-built plans and certificationssubmitted to the WSSC by the owner’s engineerfor evaluation shall include certain specific sewerand/or water information, as follows:

A. Sewer.1. Manhole inspection reports shall include:

a. Identification (with photos) of all man-hole defects (damaged walls, missing steps, leak-age, corbel/frame interface, bench).

b. Identification of manhole material in-cluding the type of frame and cover and connec-tions (parged, gaskets).

2. Sewer CCTV videotapes completed in thefollowing manner:

a. Sewer segment videotaped in its en-tirety (obstructions, if encountered, shall be re-moved and the segment re-taped).

b. Recording shall be VHS format.c. Segment shall be plugged and picture

quality free of steam or distortions.3. Sewer CCTV inspection reports shall in-

clude:a. Identification of segment televised.b. Location, diameter and address of each

connection.c. Identification and location of all pipe

defects (open or leaking joints, cracked or brokenpipes, sags or bellies in the segment, root penetra-tions).

B. Water.1. Prepare an inspection summary of the wa-

ter system inventory to include:a. Leaking service connections, valves or

mains.b. All valve curb boxes or meter boxes re-

quiring grade adjustment and those which are notaccessible or operable (key must fit nut).

13.05.060 ACQUISITION OF ON-SITE WATER/SEWER SYSTEMS

13-4


13.05.080

13.05.090

13.05.100

c. Missing and nonstandard curb cocks,curb boxes and covers.

d. Identify the potential need for water linelooping to ensure circulation or the installation ofadditional valves to isolate smaller segments dur-ing future service disruption.

e. Each individual dwelling unit (e.g., sin-gle-family house, townhouse, and/or each com-mercial building/unit) which will require an insidewater meter and an outside cut-off valve, and theproposed location of each meter and valve; the lo-cations where curb boxes/valves and inside meteryokes (horns) must be installed; and the locationof the master meter to be abandoned.

f. The location of valve stem extensionswhich must be installed so that the operating nut isbetween two and four feet below finished grade.

g. The location of fire hydrant lead valves.2. Perform flow tests of all fire hydrants in

the system and report results. (Amended during2019 codification; PD 98-01 § VII)

WSSC evaluation.Once the owner has completed and submitted

to WSSC the aforementioned described systemsevaluation, the WSSC’s Maintenance Bureau willperform its own evaluation of the system. TheWSSC’s inspection results (punch list) will be for-warded to the owner, specifying what additionalcorrective actions if any will be necessary to bringthe system into conformance with WSSC stan-dards. Copies of the WSSC’s list are distributed tothe appropriate engineering divisions. (Amendedduring 2019 codification; PD 98-01 § VIII)

On-site certification.A. Project Review. When the owner completes

all required system upgrades and so advisesWSSC, the Development Services Division willperform a final validation/inspection. Publishedresults will be distributed as with pre-acceptanceinspection results.

B. As-Built Plan Requirements. After systemsrehabilitation identified via the system evaluationhave been certified, the owner must furnish theWSSC with a reproducible copy of the originaldrawings of the system, profiles, as-built plans oran acceptable plan of the system(s). The ownermust submit the original or mylar of equal qualitysuitable for uploading. In addition to original

drawings, the plan submittal shall include threecomplete sets of blue line prints. If the drawingswere produced by a computer aided design (CAD)system, an AUTOCAD readable file shall also besubmitted. The prepared drawings shall be consis-tent with WSSC plan design standards and shallconform to the following:

1. Complete plans and profiles.2. Two-dimensional ties to all manholes,

valves, water and sewer services, curb cocks, firehydrants, etc. Ties must be to permanent physicalobjects, e.g., house or building corners, fire hy-drants, manhole covers, utility poles identified bycompany and number, etc.

3. As-built drawings shall be certified as re-flecting true as-built conditions by a registeredprofessional engineer licensed to practice in theState of Maryland.

4. Consistent with WSSC design standards,as-built drawings shall be prepared on a scale ofone inch to 30 feet for all town house and clusterdevelopment designs and one inch to 50 feet for allother development configurations.

5. Locations of adjacent utilities and otherfeatures within the construction strip. (Amendedduring 2019 codification; PD 98-01 § IX)

Residential acquisitionalternatives.

A. For townhouse/condominium associationsor housing cooperatives, those where units are in-dividually owned, the applicant may, as an alter-native to the procedures described above, requestthat WSSC perform an evaluation of the on-sitesystem. However, before WSSC will begin suchan evaluation the applicant must pay a nonrefund-able fee to WSSC to cover its costs to abandonthe existing master meter and vault. The applicantmust also formally agree to reimburse WSSC forits system evaluation costs (direct and indirect).

B. Following WSSC’s system evaluation,WSSC will inform the applicant of the results ofthe evaluation of the on-site system and provide anestimate of the required system upgrade costs. Ifthe applicant decides to withdraw its takeover re-quest the applicant will be required to reimburseWSSC for its system evaluation cost (direct andindirect) minus the previously paid nonrefundablemeter abandonment fee.



13-5

13.05.110

13.05.120

C. If the applicant reaffirms its takeover re-quest, it will concurrently be required to reimburseWSSC for its system evaluation costs, pay WSSCfor its estimated system rehabilitation costs andalso agree to pay any additional actual rehabili-tation costs, should such costs exceed estimatedcosts. Alternatively, the residential applicant couldexecute a legal agreement signifying the consentof, and binding, all property owners, including allindividual condominium owners and shareholdersof housing cooperatives (and other entities, if re-quired by law), to pay a special assessment whichwould reimburse WSSC for its system evaluationand rehabilitation costs (direct and indirect) and topay off or redeem any existing front foot benefitassessment on any of the same properties. Such aspecial assessment would spread out payment ofall WSSC costs over the life of that year’s generalconstruction bond. The assessed footage will bethe same for each property unit and will equal thatrequired to insure that the total assessment revenuereceived from all property owners will equal theproject’s total debt service. The debt service willin turn be based on WSSC’s actual costs (directand indirect) to evaluate and rehabilitate the on-site system.

D. Following the applicant’s payment of oragreement to pay WSSC for its system evaluationand rehabilitation costs, WSSC will begin lot de-sign/redesign work and proceed to bid the project.Concurrently the applicant will employ a licensedplumbing contractor to secure a plumbing permitfrom WSSC to install a meter (capable of beingread remotely from the exterior of the unit) andto install all necessary individual cut-off valves,curb boxes and pressure reducing valves or boosterpumps. (PD 98-01 § X)

Legal transfer.A. Once the required legal documents are pre-

pared by WSSC staff, the system owners, includ-ing individual condominium owners and share-holders of housing cooperatives and other entitiesas required by law, must convey to WSSC the ex-isting system and necessary rights-of-way for in-stallation, operation, maintenance, and repair ofthe system.

B. All required rights-of-way must be providedfree of charge to the WSSC. For commercial sys-tems the owner must prepare the rights-of-way

descriptions as set forth in the WSSC Survey Man-ual titled “Standards for Fixed Survey, Rights-of-Way, and Property Descriptions.” Once approvedby WSSC, and the resultant agreements are exe-cuted by the owners, including individual condo-minium owners and shareholders of housing coop-eratives and other entities as required by law, thedocuments will be processed by WSSC for recor-dation with the appropriate county land record of-fice.

C. Prior to final system acceptance by theWSSC, a commercial owner shall furnish theWSSC with a one-year maintenance bond in anamount equal to 100 percent of the estimated costof constructing the system to be acquired. Thebond amount will be determined by WSSC. Thecost estimate will be based upon as-built planssubmitted by the owner. The applicant will be no-tified of the amount by WSSC.

D. Following receipt of all required right-of-way documents, fully executed by the owners,WSSC will prepare a preliminary takeover agree-ment to codify the transfer of rights, title, interestand necessary conveyances to maintain the sys-tem. The agreement will include an effective dateof transfer. However, the date cannot be prior tothe setting of individual meters (if applicable) andthe Customer Care Division has acquired the ini-tial readings. WSSC will not execute the formallegal agreement until the owner has achieved fullcompliance with any and all conditional require-ments of the on-site takeover approval. (Amendedduring 2019 codification; PD 98-01 § XI)

Post acquisition action.A. After the legal agreement is approved by

the General Counsel’s Office and executed by theGeneral Manager, the Customer Care Division andUtility Services shall be notified by the Civil En-gineering Support Section of the effective date oftransfer.

B. Once the system is accepted and legallytransferred to WSSC, the information will be in-corporated into WSSC records and convey the up-dated records to the Service Applications andRecords Section for microfilming and retentionwith distribution of the newly recorded data to thefollowing:

1. Utility Services.2. Customer Care.

13.05.110 ACQUISITION OF ON-SITE WATER/SEWER SYSTEMS

13-6


13.05.130

13.10.01013.10.02013.10.03013.10.04013.10.050

13.10.010

13.10.020

3. Revenue Division.4. GIS Section. (Amended during 2019 codi-

fication; PD 98-01 § XII)

Statutory authority.The General Counsel cedes that the statutory au-

thority for the adoption of the standard procedurecodified in this chapter is Article 29, §§ 1-201,1-203, 2-101, 3-101, 3-103, 3-106, 3-107, 3-108,4-101, 5-104, 6-104, 6-109, 6-113, 7-101, 7-103,7-104, 7-105, 7-106, 7-107, 8-101, 8-102, 8-103,and 9-101, Annotated Code of Maryland. (PD98-01 § XIII)

Chapter 13.10

ANTENNAS ON COMMISSIONSTRUCTURES

Sections:Purpose.Background.Current conditions.Policy statement.Responsible Commission office.

Purpose.The purpose of this chapter is to provide up-

dated criteria under which WSSC staff may grantoutside organizations permission to install com-munications antennas on WSSC structures.(Amended during 2019 codification; IT 00-01)

Background.As a result of the proliferation of antenna in-

stallations on WSSC structures, WSSC, on May23, 1961, restricted such use of facilities to gov-ernmental agencies. In the same action, WSSC di-rected the removal of installations by all others byJune 1, 1962. On November 30, 1961, the policywas amended to allow installations by bus compa-nies serving the major population areas of Mont-gomery and Prince George’s Counties.

In 1970, as a result of additional requests fromprivate companies to utilize space on WSSC tanksfor the mounting of antennas, the then-current pol-icy was reexamined. During the evaluation, it wasarbitrarily chosen which individuals or companiescould use WSSC facilities due to the limited num-ber available. As a result, on September 23, 1970,the 1961 policy (as amended) was reaffirmed.

In 1985, as a result of requests from cellulartelephone companies, the policy was again reex-amined. Since, within the spirit of the 1961 policy,public utilities had been permitted to install an-tennas on WSSC structures, the policy was broad-ened to not only include governmental agenciesbut public utilities, as long as they provided elec-tric, gas, water, sewerage and telephone servicewithin the Sanitary District and were listed underfive broad utility categories as established by theMaryland Public Service Commission which regu-lated them.



13-7

13.10.030

13.10.040

13.10.050

In 2000, as the result of emergence of wirelessdata and other forms of wireless communications,and to transfer the responsibility from the FacilityMaintenance Division to the Instrumenta-tion/Communications Section of the Informa-tion/Technology Team, changes were again madeto this policy. (Amended during 2019 codification;IT 00-01)

Current conditions.In part, the 1985 policy was initiated in response

to changes in technology and structuring of publicutilities through deregulation that had taken placesince 1961 and to avoid the somewhat restrictive-ness in meeting the basic intent of the 1961 policyand the practices of WSSC since its inception.This was done while still keeping the basic in-tegrity of the 1961 policy. Currently deregulationhas continued its march forward. The Public Ser-vice Commission no longer regulates types ofcompanies that are allowed in the 1985 policy tobe on our structures. In the year 2000, WSSC rec-ognizes that technology advances create newforms of wireless communication (nongovernmen-tal) entities that also warrant WSSC’s support inmeeting a common need, thus, this policy lan-guage is being again modified to be consistentwith this philosophy. (Amended during 2019 codi-fication; IT 00-01)

Policy statement.Use of WSSC’s structures for antenna installa-

tions is limited to governmental agencies and pub-lic utilities serving the major population areas ofMontgomery and Prince George’s Counties. Pub-lic utilities as specified in this policy are thoseproviding electric, gas, water, sewerage, and wire-less communications which offer service withinthe Sanitary District. (Amended during 2019 codi-fication; IT 00-01)

Responsible Commission office.The Telecommunications and Network Support

Team is the unit responsible for enforcing WSSCpolicy and negotiating agreements for the installa-tion of antennas on WSSC structures. The STATOffice will be responsible for periodic fair marketreviews to ensure that the WSSC is receiving fairvalue for the use of WSSC structures as antennasites. The Telecommunications and Network Sup-

port Team will review for the potential for inter-ference with WSSC and/or community systems,aesthetic impact of planned installations, other in-stallations on the facility, benefit afforded commu-nity, etc., will be considered and be part of theSection’s evaluation.

The Telecommunications and Network SupportTeam shall not approve an application to place anantenna on a WSSC structure without first sendingnotice to the county government and the govern-ing body of any municipality in which the struc-ture lies. In areas covered by the MontgomeryCounty Tower Committee, it shall be the wirelessprovider’s responsibility to seek that committee’sapproval. The Telecommunications and NetworkSupport Team shall consider the comments, if any,of the affected governing bodies. (Amended dur-ing 2019 codification; IT 00-01)

13.10.030 ANTENNAS ON COMMISSION STRUCTURES

13-8


13.35.01013.35.02013.35.030

13.35.04013.35.050

13.35.010

13.35.020

13.35.030

13.35.040

13.35.050

Chapter 13.35

PUBLIC USE OF CONSOLIDATED OFFICEBUILDING FACILITIES

Sections:Purpose.Policy.Conditions for use of RGHfacilities.Fees.Special emergency circumstances.

Purpose.To provide guidelines and requirements for use

of WSSC facilities at the Consolidated OfficeBuilding by the public. (ADM 92-04)

Policy.The public, including civic organizations, clubs,

community groups, and other nonprofit organiza-tions, may utilize WSSC facilities at the Consol-idated Office Building provided they adhere tospecified conditions for the use of such facilities.(ADM 92-04)

Conditions for use of RGHfacilities.

A. Request for use is made in writing to theCorporate Secretary and approved by the appropri-ate WSSC official who has supervision over theparticular space/room to be utilized.

B. Outside use of the facility may not interferewith the conducting of WSSC business or conflictwith any previously scheduled use or with otherhigher priority activity. Normally outside use ofWSSC facilities will be limited to nonbusinesshours.

C. An appropriate fee is paid to cover WSSC’sbasic costs for light, heat/air conditioning, electric,security guard, custodial care, etc.

D. Adequate parking is available without in-conveniencing employees or customers.

E. There is no eating or drinking in HearingRoom or conference rooms.

F. The facility used is left in the same conditionas it was found.

G. Hold harmless agreement is executed by theuser. (Amended during 2019 codification; ADM92-04)

Fees.A. Users will be required to pay a fixed fee of

$150.00 per event to cover cleaning and the energymanagement system reprogramming costs.

B. In addition to the fixed cost users will berequired to pay a fee of $6.00 per hour to covernormal security, energy and maintenance costs andbuilding depreciation.

C. Should additional security guards be re-quired for any reason, a fee of $10.00 to $15.50per hour will be charged for each additional secu-rity guard and $18.00 per hour for each additionalsecurity supervisor.

These fees are based on current costs and noprofit margin is included. As costs of WSSC’s ex-penses for maintaining and servicing the Consol-idated Office Building increase, the Commissionwill proportionally increase its fees for use of theRGH. (ADM 92-04)

Special emergency circumstances.In special or emergency circumstances, the

General Manager reserves the right to establishlesser fees or waive the payment of any fees.(ADM 92-04)



13-9

13.45.01013.45.02013.45.030

13.45.04013.45.05013.45.060

13.45.070

13.45.08013.45.09013.45.10013.45.11013.45.12013.45.13013.45.14013.45.15013.45.160

13.45.17013.45.180

13.45.010

13.45.020

Chapter 13.45

USE REGULATIONS FOR THETRIADELPHIA AND T. HOWARD

DUCKETT WATERSHEDS

Sections:


Introduction.Permitted activities.Prohibited activities.

Article II. Permits and Fees

Permits.Fees.Adjacent landowner and equineboarding stables permits.Where to purchase watershedpermits.Birdwatching.Boating.Boat mooring.Fishing.Hiking.Horseback riding.Hunting.Picnicking.Use of WSSC property fororganized recreational activities.Responsibility of WSSC.Violations of regulations.


Introduction.WSSC reservoirs are a source of drinking water

for residents, businesses and visitors in the region.The major funding source to purchase, build,maintain and operate the reservoirs is the ratepay-ers of WSSC. It is imperative that the reservoirsbe protected as a source of drinking water as in-tended. To protect these reservoirs from pollution,vandalism, misuse, and erosion, WSSC adopts andenforces these regulations.

Use of WSSC’s Triadelphia and T. HowardDuckett watersheds (“watershed”) must be consis-tent with the purpose to provide and protect thepublic water supply. Remember, visitors are wel-

come to enjoy our reservoirs and the surroundingrecreational areas, but these are not parks. Pro-tecting the quality of our water supply is our firstresponsibility, so individuals who violate the wa-tershed regulations can and will be prosecuted.

Adequate protection of the reservoirs and wa-tershed requires that some areas be closed to thepublic, and those areas are marked with permanentor temporary signs indicating “No Trespassing” orother restriction signs. Unless otherwise directed,the public may use designated access points thatprovide entry to designated roads/trails that pro-vide access to areas suitable for: birdwatching,boating, boat mooring and launching, fishing, hik-ing, horseback riding, hunting, and picnics.

WSSC expects all watershed users to take greatcare of the reservoirs, their tributaries and shores.WSSC requires all paper, trash, and pet waste to becollected before leaving and be deposited in trashreceptacles or taken away for disposal.

WSSC reserves the right, without prior notice,to close a portion of the watershed or close theentire watershed if water quality is negatively af-fected; water levels drop to unacceptable levels;the health and safety of the watershed, WSSC’ssystems, WSSC’s customers, or permitted water-shed users are at risk; or for any other reason thatis the WSSC’s sole discretion. WSSC reserves theright to change these regulations as needed.

Violations of Division II of the Public UtilitiesArticle of the Annotated Code of Maryland, litter-ing, improper disposal of waste, and pollution inany manner are prohibited on WSSC property. Nonuisances are allowed. Sanitary facilities are pro-vided near fishing and picnic areas.

Watershed users are urged to report any prohib-ited and/or illegal activities to WSSC’s police. Wa-tershed maintenance issues should be reported toBrighton Dam Visitors’ Information Center. Notethat all telephone numbers associated with theseregulations are listed online at www.wsscwa-ter.com. (Amended during 2019 codification;REG-WWM-PR-2301-001)

Permitted activities.A. Birdwatching in designated areas.*B. Boating, kayaking, canoeing, sailing on des-

ignated areas of the reservoirs.*C. Boat mooring (personal boats only) at desig-

nated areas.*

13.45.010 TRIADELPHIA AND T. HOWARD DUCKETT WATERSHEDS

13-10


13.45.030

13.45.040

D. Bow hunting in designated areas.*E. Fishing from boats on designated areas of

the reservoirs.*F. Fishing from designated areas of the shore-

line.*G. Gun hunting (as part of a WSSC managed

hunt only) in specified areas.*H. Hiking in designated areas.*I. Horseback riding on designated trails.*J. Organized athletic activities in designated ar-

eas.K. Pets/animals are allowed in all areas except

the Brighton Dam Azalea Garden (service animalsare allowed). All pets must be kept on leashes atall times. Pet owners will pick up and dispose ofany/all waste generated by their pets.

L. Picnicking at designated locations.*M. Rental of specific facilities.* (REG-WWM-

PR-2301-001)

* WSSC watershed use or picnic permit required.

Prohibited activities.A. Advertising, solicitation, renting or selling

of goods and/or services within WSSC ownedproperty.

B. Bathing, wading or swimming.C. Camping.D. Damaging, defacing and/or destruction of

WSSC property or facilities.E. Disobeying a lawful order of an officer.F. Disorderly conduct.G. Failure to properly dispose of pet waste.H. Fires, except in specified areas.I. Fox chasing and/or any form of horseback

riding not on designated trails.J. Gambling.K. Ice fishing, ice skating or walking on ice.L. Littering.M. Loitering.N. Loudspeakers or amplification of voices,

music or sounds.O. No bicycles or motorized vehicles of any

type are allowed on the unpaved roads/trails. (Ve-hicles used for patrol, emergencies, training and/ormaintenance are exempted from this prohibition,including contractors working on behalf ofWSSC.)

P. Paint ball shooting or games.Q. Pets/animals in the reservoir or river.

R. Picnicking in nonpicnicking designated ar-eas.

S. Possession of an unleashed pet/animal.T. Possession of weapons (except when used to

participate in a permitted hunt).U. Possession/use of alcoholic beverages.V. Possession/use of a controlled substance,

with the exception of legally prescribed drugs bythe person for whom the drugs were prescribed.

W. Religious ceremonies involving entering thereservoir or river.

X. Removal of soil, archaeological artifacts,stone, plants, trees without WSSC permission.

Y. Smoking on WSSC watershed property.Z. Trespassing on unauthorized areas and/or

posted property.AA. Unauthorized cutting, trimming, clearing

of trees, branches, and flowers.BB. Unsanitary practices.CC. Use of gasoline/diesel motors in/on WSSC

reservoirs/rivers (motors used for patrol, emergen-cies, WSSC-approved training and/or maintenanceare exempted from this prohibition, including con-tractors working on behalf of WSSC).

DD. Use of WSSC property without properpermits. (REG-WWM-PR-2301-001)

Article II. Permits and Fees

Permits.Every person who has reached his/her sixteenth

birthday must possess and carry a WSSC water-shed use permit (“use permit”) while: birdwatch-ing, boating, fishing, hiking, horseback riding,and/or hunting. A minimum of one person 16years of age or older must obtain a picnic permitper picnicking group. The cost to purchase a picnicpermit is based upon size of the group.

Once purchased, WSSC use and picnic permitsare nontransferable and nonrefundable. Use per-mits and picnic permits are only valid when usedby the person or persons to whom they are issued,and must be carried at all times when utilizingWSSC property along with proof of identification.In addition, people who fish or hunt must possessand carry the appropriate Maryland permits, li-censes, and stamps.

Every WSSC watershed permit is subject to thecondition that it will be revoked whenever the per-mit holder violates any WSSC regulation/law or



13-11

13.45.050

13.45.060

13.45.070

13.45.080

State of Maryland law. WSSC may refuse any vio-lator the privilege of any further use of watershed.Any person aggrieved by the decision of WSSCto revoke his/her permit, deny issuance of a per-mit, or assess fees or fines in relation to a permitmay appeal the decision pursuant to WSSC Chap-ter 2.35, Procedure for Adjudicatory Hearings, bycontacting the Corporate Secretary at the RichardG. Hocevar Building. No permit and/or entrancefee will be refunded on revoked use, picnic, and/orentrance permits. (Amended during 2019 codifica-tion; REG-WWM-PR-2301-001)

Fees.A listing of watershed fees can be found at:

www.wsscwater.com. Persons who have reached65 years of age will be issued an individual com-plimentary use permit upon proof of age. Militaryservice-connected disabled American veteranswill be issued a complimentary use permit pro-vided they provide proof of service and disability.In addition, a resident of Maryland who is on ac-tive duty with the armed forces and on leave withofficial leave orders will be issued a complimen-tary use permit upon proof of his/her leave orders.WSSC employees and retirees will be issued acomplimentary use permit upon proof of his/heremployment. Permit fees are established by theCommission, and are subject to change. (REG-WWM-PR-2301-001)

Adjacent landowner and equineboarding stables permits.

Watershed-adjacent equine boarding stables andadjacent landowners who wish to access autho-rized designated trails on WSSC property for thepurpose of: birdwatching, fishing, hiking, horse-back riding, hunting, or picnicking from a pointother than those designated by WSSC for generaluse permit holders may be allowed to purchase theappropriate entrance permit. Permission is condi-tioned upon the location of the adjacent propertyto the authorized designated trail. If permission isgranted to the adjacent landowner for access, anappropriate entrance permit will be issued and theadjacent landowner must enter into a legal agree-ment with WSSC prior to directly accessingWSSC watershed. In addition, all watershed usersare required to obtain a watershed use permit.

Boarding stables and/or landowners who benefitfinancially from having access to WSSC water-shed from other than the designated access pointsused by use permit holders must obtain a boardingstable entrance permit. Stables and those entitiesboarding, leasing or renting animals will be con-sidered a commercial business. It is the responsi-bility of those businesses to ensure persons whoboard/lease/rent and/or enter WSSC watershedproperty possess a valid WSSC watershed use per-mit. Failure to do so will jeopardize the business’scurrent boarding stable entrance permit and theability to obtain future boarding stable entrancepermits.

An adjacent land owner who does not board,lease, or rent horses for/to other persons, butwishes to access WSSC property for horsebackriding must obtain an adjacent landowners en-trance permit and enter into a legal agreement withWSSC prior to accessing WSSC property fromtheir adjacent property in addition to obtaining ause permit. (REG-WWM-PR-2301-001)

Where to purchase watershedpermits.

Seasonal and single-day watershed use and/orpicnic permits are available at: Brighton Dam Vis-itors’ Information Center, Richard G. HocevarBuilding – cashier’s window, and online atwww.wsscwater.com. WSSC also has a free,downloadable watershed use permit applicationfor smart phones and tablets.

Boat mooring, BioBrick Pavilion, Azalea Gar-den, boat removal and storage fees must be paidfor at the Brighton Dam Visitors’ InformationCenter.

Applications for a boarding stable entrance per-mit and adjacent landowner entrance permits areavailable via WSSC’s Production Team Office.(REG-WWM-PR-2301-001)

Birdwatching.Allowed March 15th through November 30th,

conditions permitting, one-half hour before sunriseto sunset.

A WSSC use permit is required for all bird-watchers that are 16 years of age or older. Minorsunder 16 years of age must be accompanied bya person at least 18 years of age who also holdsa valid use permit. A use permit is only valid


13-12



13.45.090

when used by the person to whom it is issued, andmust be carried at all times when birdwatching onWSSC property.

Birdwatching is allowed only at designated ar-eas on WSSC property. In addition to the March15th through November 30th open season, specialorganized events, such as the annual Audubon So-ciety Christmas Count, will be coordinatedthrough WSSC’s Watershed Manager. There willbe no charge for participants of the Christmas birdcount. The trails to and from birdwatching sitesmust not be used if they are wet or muddy. Dailyopen/closed status of these trails is available atwww.wsscwater.com. Maps of current birdwatch-ing sites are available at the Brighton Dam Visi-tors’ Information Center and online at www.wss-cwater.com. (REG-WWM-PR-2301-001)

Boating.A. Allowed March 15th through November

30th, conditions permitting, one-half hour beforesunrise to sunset.

A WSSC use permit is required for all boater ac-tivities by persons that are 16 years of age or older.Minors under 18 years old must be accompaniedby a person at least 18 years of age who also holdsa valid use permit. A use permit is only valid whenused by the person to whom it is issued, and mustbe carried at all times when using WSSC property.

WSSC requires that all boats/kayaks/canoes thathave been used in another river, lake, or pond becleaned and dry prior to use in any of WSSC’sreservoirs.

Boating will not be allowed if conditions on thereservoir(s) are icy. Open/close status of the reser-voir(s) is available at www.wsscwater.com. Gen-eral boating requirements are set by the MarylandDepartment of Natural Resources; boaters mustknow the requirements and abide by them. TheState of Maryland requires that boats carry a whis-tle or air horn, and personal flotation devices(PFDs). All boats must fully comply with State ofMaryland and WSSC rules and regulations.

WSSC’s regulations require use of U.S. CoastGuard approved personal flotation devices (PFDs)by occupants of: boats, kayaks, canoes, sailboats,and inflatable vessels.

Boats or craft less than eight feet in length andinflatable craft less than nine feet in length are notallowed.

The entire surface of both reservoirs, exceptthose areas beyond lines marked with safetybuoys, is available to all use permit-holdingboaters. All boats, including sailboats, are limitedto the designated fishing and boating waters ofthe reservoirs. Boaters may embark and disembarkonly at WSSC designated launch areas.

Boats used for single-day outings do not have tobe registered by WSSC, but will not be left unat-tended. Boats used for single-day outings must belaunched and removed only at designated launch-ing points.

B. Boat Specifications. Gasoline engine use isstrictly prohibited except for use by WSSC, fireand rescue departments, police and/or militaryboats used for: patrol, training, emergencies ormaintenance. These craft are exempted from thisprohibition, as are contractors working on behalfof WSSC.

Boats propelled by oars, paddles, or sails areallowed. Boats propelled by electrically operatedmotors (battery powered) are also permitted, pro-vided they are equipped with suitable oars or pad-dles and are registered with the Maryland Depart-ment of Natural Resources.

Surfboards, windsurfers, paddleboards, sail-boards, rafts, houseboats, mattresses, unseaworthywatercraft, or any craft which facilitates frequentbody contact with water in the reservoir, or anycraft sold as a toy rather than a boat are not per-mitted on WSSC reservoirs. No float fishing tubesare allowed. Experimental watercraft or noveltywatercraft of an unconventional design must havespecific approval by WSSC before use on thereservoir(s). All boats must be buoyant if sub-merged and must float if they are swamped. All in-flatable craft must have at least three separate airchambers.

Boats must be of safe design and must be in safecondition. All boats deemed by WSSC to be un-safe, or which fail to meet any of the above spec-ifications, will be immediately removed from thereservoirs. If necessary, WSSC will dispose of theboat or craft. The WSSC is not responsible fordamage to, loss of, or any unauthorized use of anyboat or craft, whether or not it is being held byWSSC for violations of these regulations.

C. Safety Load Limits. The U.S. Coast Guardrequires boat manufacturers to install a capacity



13-13

13.45.100

13.45.110

plate in plain sight of the helm on most vessels lessthan 20 feet in length. The capacity plate providesthe operator with information concerning the max-imum number of persons on board and total weightthe boat can carry which includes persons, equip-ment, fuel, engine, etc. Always adhere to the in-formation provided on the capacity plate. Do notoverload your boat. Anyone who exceeds the boator craft’s rated load capacity may, in accordancewith Maryland law, be charged with reckless ornegligent operation, in addition to revocation ofthe WSSC watershed use permit. (REG-WWM-PR-2301-001)

Boat mooring.A. Open season mooring, allowed March 15th

through November 30th; winter mooring, allowedDecember 1st through March 14th.

WSSC watershed mooring and use permits arerequired. Sailboats over 14 feet in length are notpermitted to be moored.

Persons wishing to moor their boat at designatedareas around the reservoirs must purchase a moor-ing permit in addition to a use permit. Boats maynot be moored at either reservoir during the wintermooring season unless a winter mooring fee ispaid in advance.

Moored boats must be registered at WSSC’sBrighton Dam Visitors’ Information Center, whereit will receive a registration number and registra-tion sticker. The sticker must be placed on theboat’s stern. A mooring fee is chargeable permooring stake.

Boats must be registered for a mooring spaceunder the name of one owner. Mooring stakes willbe assigned as availability allows. Mooring areasare available at designated locations at Triadel-phia, Greenbridge, and Scott’s Cove. The owner ofa boat assigned to a mooring stake may allow otherpersons to use the boat, provided the owner makesno charge for this use and the person to whom theboat is loaned has reached his/her eighteenth birth-day, possesses a valid WSSC watershed use permitand otherwise abides by the watershed regulationsand the laws of the State of Maryland.

B. Removal and Storage Fees. WSSC will re-move boats if owners have not done so by Decem-ber 1st, if they are placed on the reservoir beforethe opening date and if the boat was not secured bya winter mooring fee. Boats will also be removed

if they do not have a mooring permit, or if they areotherwise in violation of WSSC regulations and/orMaryland law. The owners of all boats removed byWSSC will be charged a removal fee. The own-ers of these boats will be assessed an additionalmonthly storage fee, for a period not longer thanone year. At the end of that year, if the boat isnot claimed and the outstanding fees are not paid,the boat will be considered WSSC property andWSSC will dispose of it as it sees fit.

All boats kept at designated mooring areas mustbe securely locked at all times, except when in use.Any boat or craft that is not locked may be con-fiscated by WSSC, and the owner will pay the re-moval fee and any charges for storage in additionto being subject to a civil citation under DivisionII of the Public Utilities Article of the AnnotatedCode of Maryland. Boat or craft removal fees andstorage fees are established by the Commissionand, from time to time, are subject to change.

C. Risk and Responsibility. Registered boat orcraft owners agree that if he/she uses a mooringstake or operates the boat or craft on the reser-voir(s) he/she does so at his/her own and sole riskand that WSSC is not responsible for fire, theft,damage, or loss of the boat or craft or any articleleft in the boat or craft, and that only permissionto tie up that boat or craft is granted by WSSC andno bailment is created. The acceptance of the usepermit upon the foregoing terms and conditions isexpressly acknowledged by obtaining a use permitand the boat owner releases WSSC from any andall claims and demands for loss or injury involvingthe use or mooring of his/her boat or craft. (REG-WWM-PR-2301-001)

Fishing.A. Allowed March 15th through November


A WSSC use permit is required for all personsthat are 16 years of age or older. Minors under 16years of age must be accompanied by a person atleast 18 years of age who also holds a valid usepermit. A use permit is only valid when used bythe person to whom it is issued, and must be car-ried at all times when using WSSC property.

WSSC enforces all Maryland Department ofNatural Resources regulations. Fishermen mustcomply with Maryland fishing regulations on fish-


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13.45.120

13.45.130

ing season, allowable species, minimum size andcreel limits. Nets, hand lines or other devices willnot be allowed, except that carp may be taken withbow and arrow. Fishing through ice is prohibited.

Each person who has reached his/her sixteenthbirthday must possess a Maryland angler’s licenseas provided by state law in order to fish.

B. Fishing Locations.1. Fishing is permitted from boats and from

the shores of the reservoirs at places designated byWSSC. Fishing location maps are available at theBrighton Dam Visitors’ Information Center and onWSSC’s Internet website (www.wsscwater.com).

2. Fishing and boating are not allowed fromthe T. Howard Duckett Dam, Brighton Dam ortheir immediate vicinity, or between the dam andthe points marked by signs and buoys. Fishing ispermitted in the Patuxent River area directly belowBrighton Dam, and requires a use permit while onWSSC property.

3. Fishing from the shores of the TriadelphiaReservoir will be allowed only at the followingdesignated locations. These areas are accessibleusing existing roads and do not require trespassingthrough restricted areas.

a. Where Greenbridge Road terminates atthe reservoir in Montgomery County, going botheast and west along the shore line until comingupon the “No Trespassing” signs.

b. Where Triadelphia Lake Road termi-nates at the reservoir in Montgomery County, go-ing east along the shoreline within the signs indi-cating the designated fishing boundary.

c. The fishing dock/pier located at the Tri-adelphia Recreational Area in Brookeville. Hand-icapped or disabled persons have priority use ofthis designated area.

4. Fishing from the shores of T. HowardDuckett Reservoir (also known as Rocky GorgeReservoir) will be allowed only at the followingdesignated locations:

a. Along the west bank only, parallel toTucker Lane, south from Maryland State Route108 approximately 650 yards to the “No Trespass-ing” signs.

b. Scott’s Cove adjacent to all parkinglots, along the perimeter, both east and west, to the“No Trespassing” signs.

c. Along the south bank from the end ofSupplee Lane, west and east to the “No Trespass-ing” signs. (REG-WWM-PR-2301-001)

Hiking.Allowed March 15th through November 30th,


A WSSC use permit is required for all personsthat are 16 years of age or older. Minors under 16years of age must be accompanied by a person atleast 18 years of age who also holds a valid usepermit. A use permit is only valid when used bythe person to whom it is issued, and must be car-ried at all times when using WSSC property.

Hiking is allowed on designated trails. Hikingtrails are closed in wet weather to protect the wa-tershed from erosion. Trails must not be used ifthey are wet or muddy. Daily open/closed status ofhiking trails is available at www.wsscwater.com.Maps of current hiking trails are available at theBrighton Dam Visitors’ Information Center andonline at www.wsscwater.com. (REG-WWM-PR-2301-001)

Horseback riding.A. Allowed March 15th through November


A WSSC use permit is required for all personsthat are 16 years of age or older. Minors under 16years of age must be accompanied by a person atleast 18 years of age who holds a valid use permit.A use permit is only valid when used by the per-son to whom it is issued, and must be carried at alltimes when using WSSC property.

WSSC’s regulations require use of riding hel-mets for all persons riding horses.

Horseback riding is allowed only on designatedtrails. Horse trails are closed in wet weather toprotect the watershed from erosion. Riding is notpermitted when trails are wet or muddy. Dailyopen/closed status of horse trails is available atwww.wsscwater.com. Maps of current horse trailsare available at the Brighton Dam Visitors’ Infor-mation Center and online at www.wsscwater.com.

No animal waste will be left on the WSSC park-ing lots and roadways.

B. Trails and Access Points. Riding trails aremaintained by WSSC and are marked by signs



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13.45.140

and/or paint marked trees. Entry to these trails isonly allowed through WSSC designated points ofaccess. However, horses boarded at commercialstables and adjacent landowners who wish to enterWSSC property from a point other than those des-ignated by WSSC for general watershed use per-mit holders must purchase either a boarding stableentrance permit or adjacent landowner entrancepermit and enter into a legal agreement withWSSC prior to accessing WSSC watershed prop-erty from other than a point designated for use per-mit holders.

Riding is permitted on the designated trails.Designated trails may change from time to timeas trail conditions dictate. Maps of current horsetrails and a listing of authorized access points areavailable at the Brighton Dam Visitors’ Informa-tion Center and online at www.wsscwater.com.(REG-WWM-PR-2301-001)

Hunting.A.1. Bow. Allowed one-half hour before sun-

rise to sunset, conditions permitting. Dates are de-termined by the Maryland Department of NaturalResources.

2. Gun. Managed hunts only. WSSC in con-junction with the Maryland Department of NaturalResources will determine dates, times, and loca-tions of managed hunts.

3. A WSSC use permit is required for all per-sons that are 16 years of age or older. Minors under18 years of age must be accompanied by a personat least 18 years of age who holds a valid use per-mit. A use permit is only valid when used by theperson to whom it is issued, and must be carried atall times when using WSSC property.

4. WSSC property boundaries are designatedin most areas by trees marked with blue paint.In addition, signs stating “No Trespassing” areposted at intervals. Maps of designated bow hunt-ing areas are available at the Brighton Dam Visi-tors’ Information Center and online at www.wss-cwater.com. The Maryland Department of NaturalResources and WSSC officers have enforcementauthority on WSSC property.

B. Bow Hunting. Bow hunting is allowed onWSSC property in designated areas from one-halfhour before sunrise to sunset. Designated bowhunting areas will be determined by WSSC, andare subject to change, based on deer management

goals. Bow hunting season dates are determinedby WSSC in coordination with the Maryland De-partment of Natural Resources, with hunting hoursspecified in the Maryland State hunting regula-tions. The game laws of the State of Maryland re-garding safety precautions, species, bag limit andpossession limit apply in every respect, except thatWSSC reserves the right to further regulate, oreliminate entirely, hunting on WSSC property.

Mandatory use of a safety harness is requiredfor all hunters using a tree stand. All bow huntersmust possess, and present if requested, the follow-ing: a valid Maryland hunting license, a Marylandbow stamp, and a WSSC watershed use permit.

C. Gun Hunting. There will be no open accessgun hunting on WSSC property. Gun hunting isonly allowed as part of WSSC’s managed hunts.Hunters may apply to take part in WSSC’s man-aged hunts as they become available, and limitednumbers of permits will be granted on a lotterybasis. To participate in a WSSC managed hunt,hunters must possess, and present if requested, avalid State of Maryland hunting license, currentshooter qualification certification, proof of ahunter safety training certificate, and WSSC wa-tershed use permit. WSSC reserves the right toconduct limited participation hunts for disabledveterans, employees, retirees, and minors less than18 years of age.

Mandatory use of a safety harness is requiredfor all hunters using a tree stand. All deer har-vested in managed hunts on WSSC property willbe checked in at Brighton Dam on the day of theharvest. For information regarding WSSC’s man-aged hunts, please check online at www.wsscwa-ter.com or call the Brighton Dam Visitors’ Infor-mation Center.

D. Hunters must obtain permission from pri-vate landowners to access their property to retrieveany animal that was wounded on WSSC watershedbut subsequently died on private property.

E. Hunting Prohibitions.1. Hunting of small game (including night

hunting of raccoon and opossum), waterfowl,turkey and fox hunting is not permitted.

2. Use of dogs for hunting.3. Rifles and traps will not be used.4. Hunters cannot use boats to gain access to

hunting areas. Hunters must not hunt from boats.


13-16


13.45.150

13.45.160

13.45.170

13.45.180

5. Tree stands are only allowed if they areportable; they must be removed daily, after use.

6. Use of screw-in tree steps. (REG-WWM-PR-2301-001)

Picnicking.Allowed March 15th through November 30th,


The Brighton Dam picnic area is closed onweekends during the azalea blooming seasonwhich is typically April through May, and on otherspecific dates.

Persons wishing to use picnic areas shouldcheck with WSSC’s website at www.wsscwa-ter.com or call the Brighton Dam Visitors’ Infor-mation Center for availability.

A WSSC picnic permit is required for at leastone person 18 years of age or older per picnickinggroup. Minors under 16 years old must be accom-panied by a person at least 18 years of age whoholds a valid picnic permit. A picnic permit is onlyvalid when used by the person to whom it is is-sued, and must be carried at all times when usingWSSC property. A use permit is not required witha picnic permit for those persons picnicking.

The Azalea Garden and the BioBrick Pavilionmay be rented for events that are allowed in accor-dance with these regulations. Rental of the Aza-lea Garden will not be permitted when azaleas areblooming. With exception of the BioBrick Pavil-ion and the Azalea Garden no other reservationsare accepted. Picnickers must remain within des-ignated picnic areas. Parents or guardians mustsupervise children under their protection and areresponsible for their safety.

Charcoal fireplaces, tables, trash receptaclesand sanitary facilities are provided for public use.Only charcoal fires are permitted. All charcoalfires must be completely extinguished after use.(REG-WWM-PR-2301-001)

Use of WSSC property fororganized recreational activities.

Allowed March 15th through November 30th,conditions permitting, one-half hour before sunriseto sunset.

Use of designated areas of athletic fields andrecreational areas located on the WSSC watershedare contracted on a first-come, first-served reser-

vation basis. Any person or entity requesting touse WSSC watershed ball fields must submit acompleted application in writing. Groups usingathletic areas must show proof of liability insur-ance. WSSC reserves the right at any time withoutprior notice to revoke the use of its watershed asnecessary for health, safety, and/or environmentalreasons. For additional information, please contactWSSC’s Production Team Office. (REG-WWM-PR-2301-001)

Responsibility of WSSC.In granting the privileges of access to, or use of,

the watershed, the reservoirs or any other propertyof WSSC for any purpose whatever, WSSC doesnot warrant that its property is suitable for the pur-pose for which the privilege or permit is granted,or that it is safe for any specific purpose, whetheror not a permit is issued pursuant to these regu-lations, and whether or not a permit fee has beenreceived, notwithstanding the fact that a particu-lar portion of WSSC’s property may be specifiedin the permit. WSSC will not be responsible forany damage, injury or death resulting from an ac-cident on any of its property, notwithstanding thefact that negligence of any employee of the WSSCmay contribute to such accident or drowning. Byaccepting the permit, or by using the privilegegranted, the permittee thereby agrees to use theproperty in the condition in which s/he finds it, andagrees to assume all responsibility for her/his ownsafety and the safety of any minors who accom-pany her/him; and s/he thereby releases WSSCfrom all claims and causes of action whatsoeverarising out of the issuance of the permit, or arisingout of access to and use of WSSC property,whether or not such claim or cause of action arisesby virtue of the negligence of the WSSC or any ofits agents or employees. The permit fees as listedon www.wsscwater.com are not charges for use ofthe property of the WSSC, but are applied as par-tial reimbursement to the WSSC for its expensesin maintaining facilities and regulating the use ofits property for the benefit of the permittees andfor the protection of WSSC’s water supply. (REG-WWM-PR-2301-001)

Violations of regulations.Any person found violating any of the laws of

the State of Maryland or WSSC regulations may



13-17

be subject to receipt of a citation or to arrest andpunishment under the Annotated Code of Mary-land, Criminal Law Article, and Division II of thePublic Utility Article. In addition, further use ofCommission property by such persons may be pro-hibited.

Any person aggrieved by the decision of WSSCto revoke his or her permit, denial to obtain a per-mit or an assessment of fees in relation to a permitmay appeal the decision pursuant to WSSC Chap-ter 2.35, Procedure for Adjudicatory Hearings, bycontacting the Corporate Secretary at the RichardG. Hocevar Building located at 14501 SweitzerLane, Laurel, Maryland 20707. (REG-WWM-PR-2301-001)



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13.80.01013.80.02013.80.03013.80.04013.80.05013.80.06013.80.070

13.80.010

13.80.020

13.80.030

13.80.040

Subtitle III. Materials Management

Chapter 13.80

PROCEDURE FOR DISPOSITION OFSCRAP METAL AND SURPLUS GOODS

Sections:Purpose.Definitions.Authority.General requirements.Disposal methods.Unauthorized disposal.Reporting.

Purpose.To establish the authority, responsibility and

procedures associated with the disposal of Com-mission scrap metal and surplus goods. (REG-PRM-LO-2014-001 § I)

Definitions.“Auction” means a public sale at which property

or items are sold to the highest bidder.“Custodian business unit” means the area/group

in which the scrap metal or surplus goods werepurchased and maintained.

“Donation” means an act or instance of present-ing something as a gift, grant or contribution to acharity or cause.

“Firearms Custodian/Armorer” means the con-troller who issues, repairs, accounts for and en-sures the security of WSSC Security and SafetyServices Group firearms and ammunition.

“Goods” means supplies, inventory, equipment,material, and all tangible personal property, ex-cluding real property. Only those goods with anoriginal acquisition value of $500.00 or greaterwill need to follow the surplus procedures set forthherein.

“Gun manufacturer” means a person who pos-sesses a federal license to engage in the businessof manufacturing firearms or ammunition for saleor distribution.

“Handgun” means a short barreled firearm thatcan be held, carried and fired with one hand.

“Real property” means real estate, generallyland and permanent structures.

“Sale” means the exchange of goods or servicesfor an amount of money or its equivalent.

“Scrap metal” means unusable items of metalliccomposition such as pipe, castings, bronze meters,sheet metal, steel plates, engine blocks and autobody parts which are suitable for recycling. Exam-ples of scrap metal include, but are not necessarilylimited to:

1. Metal from automobile/truck/equipmentrepairs: small internal combustion engines, engineblocks, brake drums, exhaust components, vehiclebody parts;

2. Fire hydrants, valves, used ductile ironpipe and fittings;

3. Manhole covers, frames, water meter cov-ers, valve boxes, curb boxes and other cupola, castor forged iron;

4. Lamp post, street signs, barrels;5. Used industrial equipment, motors, con-

veyors, bearings, pumps and process piping, ves-sels, equipment platforms and bases;

6. Duct work, machine shop tailings, cuttingsheet metals.

“Surplus goods” means any goods owned byWSSC that are no longer needed by the businessunit to which the goods were assigned.

“Trade-in” means an asset that is used to defraythe cost of a new item and is accepted as partialpayment of a new purchase. (REG-PRM-LO-2014-001 § II)

Authority.The General Counsel’s Office certifies that the

statutory authority for the adoption of the regula-tion codified in this chapter is the Public UtilitiesArticle, §§ 17-403 and 21-103, Annotated Code ofMaryland. (REG-PRM-LO-2014-001 § III)

General requirements.When goods with an original acquisition cost

of $500.00 or greater are no longer needed by thecustodian business unit, the items are to be de-clared to the General Services Office as surplus bysubmitting a surplus property form (see Appendix1☰). These items are not to be placed in storage,cannibalized, scrapped, junked, sold, transferredoutside WSSC or donated without the General Ser-vices Director’s approval.

A. Once an item is declared surplus by the cus-todial business unit, the General Services Office



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https://municipal.codes/MD/WSSC/Code/Media/REGPRMLO2014001.pdf#page=6


13.80.050

will offer the goods to all other WSSC businessunits, if feasible, before other methods of disposalare considered.

B. The General Services Director may delegatedisposal activities to the custodian business unit ona case-by-case basis.

C. Recipients of WSSC scrap metal or surplusgoods are responsible for the removal, disassem-bly, loading and transportation of the item.(Amended during 2019 codification; REG-PRM-LO-2014-001 § IV)

Disposal methods.A. The General Services Director or designee

will determine the method by which scrap metal orsurplus goods will be disposed in accordance withthese procedures. Items may be sold to the generalpublic, traded in, scrapped, donated to nonprofitorganizations, or given away at no cost as an alter-native to landfill disposal.

B. Surplus goods with an original acquisitionvalue greater than $1,000 must be offered for saleto the public by advertisement or online auction.Upon sale of the items, the General Services Of-fice will deposit any proceeds, including relevantsales taxes (in compliance with applicable statelaws and regulations), to an account specified bythe Chief Financial Officer or designee.

C. Surplus goods will be sold via public salesor sealed bids at the discretion of the General Ser-vices Director. All WSSC property tags, WSSClogos, and any other identifying WSSC insigniasmust be removed prior to disposal.

D. For surplus goods with an original acquisi-tion value less than $1,000, or not of interest to thepublic after being made available for sale, the Di-rector of General Services may use one or more ofthe following methods of disposal:

1. Trade-ins.2. Donation to local government or nonprofit

agencies located within the Washington SuburbanSanitary District (WSSD). The General ServicesOffice will provide written notice to local govern-ment and nonprofit agencies of available surplusitems. The receiving agency must sign a releaseand waiver form (see Appendix 2☰).

E. If surplus goods or scrap metal have noresidual value, or were not wanted as trade-ins ordonations, the General Services Director may re-

cycle or “trash” the items by whatever means aredeemed appropriate in accordance with applicableenvironmental regulations.

F. Scrap Metal.1. WSSC employees and contractors will

properly store scrap metals by placing items inthe appropriate receptacles located at the depots,production plants, and other facilities. If recep-tacles are not available, the WSSC business unitshall contact the General Services Office/MaterialsManagement Group to obtain such receptacles.Under no circumstances will WSSC employees orcontractors retain scrap for personal use, use othermetal recycling methods, or otherwise dispose ofsame.

2. The General Services Office will securethe services of a certified vendor or vendors for thesale of scrap metal. All scrap metal will be sold bythe chosen vendor or vendors.

3. The General Services Office will updatethe status of the property record (if applicable)in related Asset Management/Inventory systemswithin 30 days of the disposition.

G. Handguns and Other Law EnforcementWeapons. The WSSC Security and Safety Group(SSG) Firearms Custodian/Armorer, with the con-currence of the WSSC SSG Group Leader andthe General Services Director, shall determine howhandguns and other law enforcement weaponsshall be disposed in accordance with the PublicSafety Article, § 3-501, Annotated Code of Mary-land, which allows the law enforcement agency todispose of surplus handguns as follows:

1. Destroy the handgun;2. Sell, exchange, or transfer the handgun to

another law enforcement agency for official use bythat agency;

3. Sell, exchange, or transfer the handgun toa gun manufacturer.

H. Computers.1. WSSC must manage surplus computers or

other portable data storage devices in an environ-mentally and fiscally responsible manner that en-sures safeguarding of sensitive data and licensedsoftware.

2. Used computers or other portable datastorage devices containing stored data and li-censed software that are at risk of unauthorizeduse must be rendered unreadable and unrecover-

13.80.050 PROCEDURE FOR DISPOSITION OF SCRAP METAL AND SURPLUS GOODS

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https://municipal.codes/MD/Code/GPS/3-501

13.80.060

13.80.070

able through secure erasure or destruction beforedisposal. These items must follow the process setforth in this chapter and are not to be junked, sold,transferred outside WSSC or donated without theGeneral Services Director or designee’s approval.(Amended during 2019 codification; REG-PRM-LO-2014-001 § V)

Unauthorized disposal.Unauthorized removal, disposal, or use of

WSSC’s scrap metal or surplus goods is consid-ered theft and constitutes a serious breach ofWSSC policy, and could subject individuals to dis-ciplinary action up to and including termination orcriminal prosecution. (REG-PRM-LO-2014-001§ VI)

Reporting.A. Regardless of the method of disposition, the

General Services Office will update the status ofscrap metal or surplus goods on the applicableproperty record in the related Asset Managementor Inventory systems within 30 days of the dispo-sition.

B. The General Services Office shall provideto the Chief Financial Officer or designee a quar-terly and annual surplus property transaction re-port. These reports will be submitted within 15days of the end of each quarter or fiscal year.

C. The surplus transaction report shall includethe following information for every disposition oftagged and untagged scrap metal or surplus goods,regardless of disposal method:

1. A description of the item;2. Asset number of the item, or part number,

if materials inventory;3. Original cost of the item, or weighted av-

erage cost at the date of disposition, if materials in-ventory;

4. Original purchase date of the item;5. Original purchase order number for the

item;6. Method of disposal;7. Date of disposal;8. Proceeds of sale, as appropriate;9. Miscellaneous fees of the sale, as appro-

priate;10. Sales tax collected on the sale, as appro-

priate;

11. Additional information as agreed to bythe General Services Office, the Chief FinancialOfficer and the Procurement Director. (Amendedduring 2019 codification; REG-PRM-LO-2014-001 § VII)



13-21

14.05

14.1014.1514.20

14.25

Title 14

REGULATORY SERVICES

Chapters:

Subtitle I. Industrial Discharge Control Program

Industrial Discharge Control Program Enforcement Response Plan

Subtitle II. Plumbing and Gas Fitting

Cross-Connection Control Program (CCP)Fats, Oils and Grease ProgramInvestigation of Violations Pertaining to Fats, Oil and GreaseDischargesPlumbing and Fuel Gas Code

14-1

14.05.01014.05.020

14.05.030

14.05.040

14.05.050

14.05.06014.05.07014.05.080

14.05.010

14.05.020

Subtitle I. Industrial Discharge ControlProgram

Chapter 14.05

INDUSTRIAL DISCHARGE CONTROLPROGRAM ENFORCEMENT RESPONSE

PLAN

Sections:


Introduction.Glossary of acronyms.

Article II. Procedures forInvestigating/Assessing Compliance

Scheduling of investigations andcompliance monitoring.Monitoring and trackingcompliance.Tracking compliance status.

Article III. Procedures for Responding toNoncompliance

Documenting noncompliance.Additional enforcement action.Enforcement Response Guide.


Introduction.The enforcement response plan (ERP) con-

tained herein provides a framework for determin-ing the appropriate response for violations of theWashington Suburban Sanitary Commission’s(WSSC’s) industrial and special waste regulations.This ERP is not intended to cover all violations orresponses.

As a general rule, all noncompliances will beaddressed through the issuance of a notice of vi-olation (NOV). Repeat industrial user or singlewaste hauler violations may subject the violatorto WSSC citations carrying fines of $250.00,$500.00, $750.00, or $1,000, increasing in costwith each violation until compliance has beendemonstrated. Continued violations will result inescalated enforcement action.

Continuing violations, which cause the violatorto be in significant noncompliance (SNC), or thoseviolations which in any one instance constituteSNC, will subject the violator to a NOV, public no-tice in a newspaper(s) of general circulation thatprovides meaningful public notice within the juris-diction(s) served by WSSC, and depending on thetype of violation, increased self-monitoring.

In circumstances where an industrial user is inSNC for two consecutive evaluation periods, theywill be subject to formal enforcement action in theform of an administrative order.

In those instances where standard enforcementresponses are ineffective in compelling compli-ance, a referral will be made to the WSSC’s Gen-eral Counsel’s Office or to the appropriate state orfederal law enforcement agency for appropriate le-gal action.

This ERP will be reviewed and revised everyfive years, and the Maryland Department of theEnvironment’s (MDE’s) approval will be soughtprior to implementation of the revised plan (In-dustrial discharge control program enforcement re-sponse plan, dated April 22, 2013)

Glossary of acronyms.

BOD Biological Oxygen Demand

CFR Code of Federal Regulations

EAS Enforcement Action Summary

ERP Enforcement Response Plan

IU Industrial User

MDE Maryland Department of theEnvironment

NOV Notice of Violation

NPDES National Pollutant DischargeElimination System

POTW Publicly Owned Treatment Works

SIU Significant Industrial User

SNC Significant Noncompliance



14-3

14.05.030

TRC Technical Review Criteria

TSS Total Suspended Solids

VOA Volatile Organic Analysis

VioLog Violation Log

WSSC Washington Suburban SanitaryCommission

WWTP Wastewater Treatment Plant

(Industrial discharge control program enforce-ment response plan, dated April 22, 2013)

Article II. Procedures forInvestigating/Assessing Compliance

Scheduling of investigations andcompliance monitoring.

A. An industrial user (IU) is a significant indus-trial user (SIU) if they meet one or all of the cri-teria as defined in the WSSC Plumbing and FuelGas Code (WSSC Chapter 14.25), Chapter 8, andthe Code of Federal Regulations (40 CFR 403.3).

B. Four criteria are used to determine investi-gation and compliance monitoring frequencies forSIUs. These criteria are:

1. The minimum frequency outlined in theMaryland Department of the Environment (MDE)pretreatment delegation agreement;

2. Volume of water consumed and waste-water discharged, and types and amounts of chem-icals used;

3. Compliance history of the IU; and4. Management practices of the IU including

pretreatment operations, waste management, andspill control.

C. Comprehensive facility investigations areconducted annually on all SIUs. The investigationsfocus on all processes generating waste, associatedchemical usage and storage, pretreatment opera-

tions, and spill and/or slug control plans (whereapplicable). The results are recorded on the “In-dustrial Investigation Reports,” which includegeneral administrative information such as contactname, addresses, account number, number of em-ployees, work hours, inspection dates, and investi-gation results.

D. In addition to an annual inspection, follow-up investigations are also conducted. Follow-upinvestigations generally focus on verifying IU ac-tivities regarding completion or progress on a cor-rective measure, and take place within 14 days ofa final compliance date. These investigations arerecorded on “Follow-Up Industrial InvestigationReports,” which briefly describe the reason for theinvestigation and the observations pertinent to spe-cific areas of interest or concern.

E. Compliance monitoring is scheduled annu-ally or semiannually, without advance notice to theIU. This method of scheduling provides the In-dustrial Investigator flexibility to plan compliancemonitoring based on information obtained duringprevious inspections, and also allows the consoli-dation of resources to a geographic region for pur-poses of scheduling monitoring and investigationactivities (e.g., monitoring several SIUs located inthe same industrial park).

F. Routine monitoring of SIUs includes collect-ing samples for all parameters regulated in the IU’sdischarge authorization permit and annual mon-itoring for all parameters subject to local limi-tations. Flow measurements or estimations arerecorded for the duration of all sampling trips.

G. Follow-up compliance monitoring generallyconsists of monitoring for all regulated parame-ters, but may consist of monitoring only for thoseparameters for which the IU was found to be in vi-olation. Follow-up compliance monitoring is con-ducted within 30 days after the final compliancedate.

H. Sample collection methods and frequenciesare as follows:

Parameter Method Sample Frequency

Metals Composite aliquot/l5 minutes or flow proportioned

Base Neutral/Acid Extractable Organics Composite aliquot/l5 minutes or flow proportioned

14.05.030 INDUSTRIAL DISCHARGE CONTROL PROGRAM ENFORCEMENT RESPONSE

14-4


https://municipal.codes/US/CFR/40

https://municipal.codes/US/CFR/40/403.3

14.05.040

Parameter Method Sample Frequency

VOA Grab 40 mls/sampling session

Cyanide Grab 1 liter/sampling session

pH Continuous 1 minute intervals

Oil and Grease Grab 1 liter/sampling session

I. Minimum inspection and monitoring fre-quencies are assigned as follows:

Industry Classification Inspection Frequency Monitoring Frequency

Categorical SIU > 5,000 gpd 1 inspection/year 1 event/year

Categorical SIU < 5,000 gpd 1 inspection/year 1 event/year

Noncategorical SIU > 25,000 gpd 1 inspection/year 1 event/year

Noncategorical SIU < 25,000 gpd 1 inspection/year 1 event/year

J. Increases in investigation and compliancemonitoring frequencies are determined based onthe IU’s compliance status. Violations are gener-ally addressed with increased compliance monitor-ing. The degree to which frequencies are increasedis determined by the IU’s compliance history andcurrent management practices as observed by theIndustrial Investigator. (Industrial discharge con-trol program enforcement response plan § I(A),dated April 22, 2013)

Monitoring and trackingcompliance.

A. Review of Compliance Monitoring Data.1. A chain of custody form accompanies all

samples delivered to the Consolidated Laboratory.Typically, the white copy of the computer gener-ated chain of custody form accompanies the sam-ple(s) and the Investigator retains the signed pinkcopy. Upon delivery, each sample container re-ceives an integrity check by the Inventory ControlTechnician for bottle breaks, leaks, and propernumber assignments on chain of custody forms.Once the integrity of the sample has been checked,each sample receives a unique lab work order

number designating the parameter(s) to be ana-lyzed.

2. The following information pertaining toeach sampling trip is currently entered into theIndustrial Discharge Program (hereinafter “pro-gram”) database:

a. Industry;b. Sampling location;c. Investigator ID;d. Observations of simultaneous monitor-

ing by industry;e. Field readings such as pH readings/cali-

brations, flow, and temperature;f. Sample ID numbers;g. Sample collection date;h. Collection method;i. Analysis specified; andj. Comments concerning unusual condi-

tions or observations made while sampling.3. After analysis, data for each sample para-

meter is downloaded directly from the instrumen-tation to the laboratory database under the appro-priate laboratory work order number. The com-pleted laboratory work orders are reviewed andsigned-off by designated laboratory personnel.The resulting hard copies of analytical data are



14-5

sent to the Industrial Investigations Supervisor.Laboratory analytical data is also downloadedelectronically.

4. Analytical data from the lab is distributedby the Industrial Investigations Supervisor to theappropriate Industrial Investigator(s). Distributeddata is verified by the Industrial Investigator(s)into the program’s database and compiled onto aSample Results Report. The data is then reviewedby the Investigator for compliance with applicabledischarge limitations. The compliance status of thedata is noted on the Sample Results Report indi-cating:

a. The reviewer’s name;b. The date of the review;c. Whether the sample was in “compli-

ance” or “violation”; andd. A reference to any issued NOVs.

5. The completed Sample Results Report andsupporting analytical data are forwarded to the In-dustrial Investigations Supervisor where it re-ceives a second review for compliance with ap-plicable limitations. The hard copy reports are re-turned to the Industrial Investigator and filed in theindustry file.

6. Copies of the resulting enforcement actionare given to the Industrial Investigations Supervi-sor.

B. Review of Industry Self-MonitoringReports. SIUs are required to submit self-moni-toring reports, zero discharge certifications, bestmanagement practices reports, and other requiredcertifications on a quarterly basis.

All self-monitoring reports are stamped with thedate that they are received in the Industrial Dis-charge Control Unit and logged in on the Compli-ance Report Summary Log. Any SIU or IU thatdoes not submit a report by close of business onthe due date will be issued a NOV. This NOV willdocument the lateness of the report and will serveas notice to the SIU or IU that if their report is notreceived within 30 days the IU will be in SNC.

Industrial Investigators are assigned to reviewself-monitoring reports and a final review is con-ducted by the Industrial Investigations Supervisor.Depending on the number of reports received andthe timeliness of submission, the total reviewprocess may take up to 30 days to complete. If adeficient report is submitted or a violation exists

on the report, the IU is sent a Periodic ComplianceReport Review form and/or a NOV. Once re-viewed by the Industrial Investigator, the Compli-ance Report Summary Log is completed by fillingin the date the report was reviewed and indicat-ing the compliance status of the report. The Com-pliance Report Summary Log is used for purposesof recording and tracking compliance report sub-mission and the number of self-monitoring events.Copies of relevant review forms are attached tothe self-monitoring report and designated for datainput into the program database. Once the reportdata has been input and initialed, the report, anyreview form, and a copy of any resulting NOVs arefiled in the SIU or IU’s file for future reference.All NOVs are logged into the Enforcement Logbook for input into the program database.

Copies of all NOVs are sent monthly to theMDE.

C. Investigation/Incident Reports. Investiga-tion reports are not used to identify instances ofnoncompliance since the report is generally filedafter enforcement measures have been imple-mented. Violations observed during investigationsmay be addressed verbally in the field and fol-lowed up with a written NOV, or the investigatormay consult with the Industrial Investigations Su-pervisor first and then formally address the non-compliance with a written NOV or directive. In-vestigation reports are used to document routine orabnormal observances, or corrective measures im-plemented in response to a violation or directive.However, the latter is generally documented on aFollow-Up Industrial Investigation Report form.These reports are reviewed by the Industrial In-vestigations Supervisor for consistency and accu-racy of the recorded observations. Incidents of un-usual flow characteristics detected at the waste-water treatment plant (WWTP) or in the collectionsystem are recorded in the incident notebook. Anincident report is filled out which contains follow-up information on the conditions at the WWTPduring and after each event; whether interference,upsets, or NPDES permit violations occurred; andany observations made from source investigationsand sample analysis. These reports are reviewedby the Industrial Investigations Supervisor, UnitCoordinator and Regulatory Services GroupLeader before being sent to the respective Treat-


14-6


14.05.050

ment Plant Group Leader. All incident reports arefiled by treatment plant basin for future referenceand analysis of patterns. (Industrial discharge con-trol program enforcement response plan § I(B),dated April 22, 2013)

Tracking compliance status.A. Industry noncompliance is tracked in the

program database. From the database, the monthlycompliance log is generated and posted in the of-fice. The monthly compliance log consists of alist of SIUs in noncompliance required to meet amilestone date. Each Industrial Investigator is re-sponsible for noting the date of SIU complianceor noncompliance with milestone dates on the log.All analytical data (self-monitoring and WSSC) isinput into the program database for purposes ofgenerating reports.

B. As required by the MDE pretreatment del-egation agreement, an evaluation of each SIU’scompliance status with pretreatment standards, re-porting requirements, and self-monitoring require-ments is conducted on a quarterly basis to coverthe six-month period prior to the end of the quarter.Each SIU is identified as being in significant non-compliance (SNC), noncompliance (NC), or con-sistent compliance (C). An SIU is classified asbeing in SNC if they meet any of the following cri-teria:

1. Violations of Wastewater DischargeLimits.

a. Chronic violations, defined here asthose in which 66 percent or more of the mea-surements taken for the same pollutant parameterduring a six-month period (by any magnitude) ex-ceed a numeric pretreatment standard or require-ment, including instantaneous limits, as defined by40 CFR 403.3(1);

b. Technical review criteria (TRC) viola-tions, defined here as those in which 33 percentor more of all of the measurements taken for thesame pollutant parameter during a six-month pe-riod equal or exceed the product of the instan-taneous limits, as defined by 40 CFR 403.3(1)multiplied by the applicable TRC equals 1.4 forBOD, TSS, fats, oil, and grease, and 1.2 for allother pollutants except pH;

2. Any other violation of a pretreatment stan-dard or requirement as defined by 40 CFR403.3(1) (daily maximum, long-term average, in-

stantaneous limit, or narrative standard) that theWSSC determines has caused, alone or in com-bination with other discharges, interference (e.g.,slug loads) or pass-through (including endanger-ing the health of WSSC personnel or the generalpublic);

3. Failure to meet, within 90 days after theschedule date, a compliance schedule milestonecontained in a local control mechanism or enforce-ment order for starting construction, completingconstruction, or attaining final compliance;

4. Failure to provide, within 30 days after thedue date, required reports such as baseline moni-toring reports, 90-day compliance reports, periodicself-monitoring reports, certification statements,plans, representative data and reports on compli-ance with compliance schedule milestones or otherinformation requested by the WSSC; or failure tonotify the WSSC of modifications to processes,wastewater constituents, and pretreatment sys-tems;

5. Failure to accurately report noncompli-ance; and

6. Any other violation or group of violations,which may include a violation of best managementpractices, which the WSSC determines will ad-versely affect the operation or implementation ofthe local pretreatment program.

C. An SIU is in noncompliance if it has oneor more violations during the reporting period thatdoes not meet the SNC criteria. An SIU is in con-sistent compliance if no violations have occurredduring the reporting period.

D. In the event an SIU is in SNC during a six-month evaluation period, the Industrial Investiga-tor will notify the SIU. Once notified:

1. SIUs are required to conduct an additionalfive days of self-monitoring during the next report-ing period for the parameters for which they are inSNC.

2. SIUs subject to monthly-average dis-charge limitations must sample one day per monthfor five months.

3. SIUs subject to four-day average dis-charge limitations must sample for 20 days or fivefour-day averages (SIUs in this group may usetheir normal periodic compliance monitoring to-ward the 20 days of required monitoring). Ad-ditional monitoring will continue until the SIU



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https://municipal.codes/US/CFR/40/403.3(1)





14.05.060

14.05.070

demonstrates consistent compliance, or has no vi-olations of the parameter for which they were inSNC, for a reporting period. (Industrial dischargecontrol program enforcement response plan § I(C),dated April 22, 2013)

Article III. Procedures for Responding toNoncompliance

Documenting noncompliance.A. An enforcement action summary (EAS) is

used to maintain the chronology of industry re-sponses to violations as well as to document theWSSC’s rationale for the enforcement action takenin response to a specific violation.

Each EAS contains the following information:1. Industry name;2. Status of the enforcement action;3. Violations being cited and dates;4. Anticipated defenses by the industry (if

known or suspected);5. Referenced documents including letters or

plans; and6. Additional notes or comments including

the proposed enforcement action should anotherviolation occur.

B. The proposed enforcement action is circu-lated to the Industrial Investigations Supervisor(s),and to the Unit Coordinator for review before is-suance. A copy of the enforcement action and EASis kept in a chronological file specific to each in-dustry.

C. All violations are documented on an NOV,which informs the IU that a violation has occurred.Each NOV specifies the date the violation oc-curred, a description and location of the violation,and instructions for follow-up measures. The orig-inal NOV is sent via certified mail to the IU. Ayellow copy is made of the NOV for the IU’s file,and a pink copy is given to the Industrial Investi-gations Supervisor to be placed in the EnforcementLog book.

D. Generally, an NOV will direct the violator tosubmit a written explanation within seven work-ing days from the date of the NOV. In certaincircumstances where an explanation has alreadybeen received, a plan of corrective measures maybe requested from the IU. If the plan is accepted,a written directive containing established compli-ance dates is then issued. If the plan is not ac-

cepted, a written directive requesting additionalinformation is issued. (Industrial discharge controlprogram enforcement response plan § II(A), datedApril 22, 2013)

Additional enforcement action.A. Administrative Orders.

1. Administrative orders are enforcementdocuments issued in conjunction with a complaintwhich direct IUs to undertake or to cease specifiedactivities. An administrative penalty may be as-sessed up to $1,000 for each violation of any pro-vision of the pretreatment program stated in theadministrative order or complaint, not to exceed$50,000. Penalty assessments will be made withconsideration given to:

a. The extent to which the existence of theviolation was known to the violator, but uncor-rected by the violator, and the extent to which theviolator exercised reasonable care;

b. Any actual or potential harm to humanhealth or to the environment, including injury toor impairment of the WSSC sewage collection andtreatment systems or the natural resources of thestate;

c. The degree of interference with or in-jury to the general welfare, health, or propertyrights of the public;

d. The extent to which the geographic lo-cation of the system creates the potential for harmto the environment or to human health or safety;

e. The cost of cleanup and the cost ofrestoration of natural resources;

f. The available technology for control-ling, reducing, or eliminating the conditions thatcaused the violation; and

g. The extent to which the current viola-tion is part of a recurrent pattern of the same orsimilar type of violation committed by the violator.

The WSSC has the authority to subpoena anyperson or evidence that is essential for proper con-sideration at an administrative hearing.

2. Authority. Public Utilities Article,§ 29-103, Annotated Code of Maryland.

3. Applicability. An administrative ordermay be issued when:

a. A violation is persistent and more se-vere enforcement needs to be taken; or

b. An IU is in SNC; and must be issued if:


14-8



c. An IU is in SNC for two consecutiveevaluation periods for the same type of violation.

4. Required Action. An administrative orderwill be drafted by the Unit Coordinator and for-warded to the Regulatory Services Group Leaderfor review. Once reviewed internally, a draft willbe sent to the WSSC’s General Counsel’s Officefor review. The MDE may request a joint reviewof an administrative order after they review thequarterly SNC list. If WSSC escalates enforce-ment action to an administrative order prior to sub-mittal of the list, WSSC will notify the MDE inwriting of the intent to issue an order. The MDEmay request joint review and WSSC must forwardthe requested draft within 30 business days of theMDE’s request. If comments are not received fromthe MDE within 30 business days, the draft ordermay be forwarded to the industry. If the MDE doesnot request a joint review and the WSSC’s GeneralCounsel’s Office has reviewed the order, then thedraft order may be forwarded to the industry.

Any complaint or order issued by WSSC willbe served upon the person to whom the complaintor order is directed. This is to be accomplished inthe following manner:

a. Personally;b. By publication; orc. By certified mail, return receipt re-

quested, bearing a postmark from the UnitedStates Postal Service, to the person’s last knownaddress as listed in WSSC’s records.

A WSSC employee or an agent acting on be-half of the WSSC may serve any complaint or or-der.

5. Response Time Frame. Response timeframes may vary depending on the urgency of thesituation; however, drafting an order should notexceed 30 days from determining that an order iswarranted.

Once a determination is made to issue an ad-ministrative order, the WSSC may cite any and allunresolved violations in the content of the com-plaint and order. The person being served may re-quest, in writing, a hearing; however, the requestmust be made within 10 days of service of the or-der. This right may be waived if the IU enters intoan agreement or consent order.

B. Civil Citation. A citation issued by theWSSC and enforced by a court of competent ju-

risdiction, commanding a person named to appearon a day to answer charges of a violation or paya fine. Associated fines are $250.00, $500.00,$750.00, and $1,000. Each day a violation remainsuncorrected is a separate infraction and subject toadditional citations and fines.


2. Applicability. A civil citation may be is-sued for a violation of any provision of the WSSCPlumbing and Fuel Gas Code (WSSC Chapter14.25), including but not limited to:

a. A violation of the waste hauler dis-charge permit;

b. Three or more violations of the sameparameter within a 12-month period, includingself-monitoring effluent violations. If 12 monthselapse without a violation and new violations oc-cur, the citation amount will revert to the minimumlevel;

c. An IU violating any provision of theWSSC Plumbing and Fuel Gas Code where such aviolation presents an imminent threat to the publichealth, welfare, or safety of WSSC’s workers; or

d. An IU in SNC during a six-month eval-uation period.

3. Required Action. A civil citation will bedrafted by the individual responsible for identify-ing the violation, or their supervisor, and servedupon the person to whom the citation is directed.This is to be accomplished in the following man-ner:

a. Personally; orb. By certified mail, return receipt re-

quested, bearing a postmark from the UnitedStates Postal Service, to the person’s last knownaddress as shown on WSSC’s records.

An authorized WSSC employee may serve acivil citation. If service is made by certified mail,the person who mails the document shall attach theproof of mailing (the green card) to the file.

4. Response Time Frame. Response timeframes may vary depending on the urgency of theviolation; however, issuance of a citation shouldnot exceed 30 days from the date of determining aviolation exists.

C. Civil Litigation. The process of filing a civilaction against an IU in court. If the court rules thatthe defendant violated the law, the court may im-



14-9


pose civil penalties, injunctions, or other equitableremedies and/or cost recovery.


2. Applicability. Civil litigation may be pur-sued when:

a. All reasonable means have been ex-hausted to seek reimbursement for costs or poten-tial costs incurred by WSSC; or

b. All reasonable means to compel com-pliance by the IU have been exhausted.

3. Required Action. The Regulatory ServicesGroup will refer the matter to WSSC’s GeneralCounsel’s Office, which will take the appropriateaction.

4. Response Time Frame. Referral toWSSC’s General Counsel’s Office within 90 daysof becoming aware of a violation meeting the ap-plicability criteria listed above.

D. Cost Recovery (Compliance Determina-tion). The actual recovery of costs incurred by theWSSC for actions associated with noncompliance.These actions may be, but are not limited to, mon-itoring, sampling, enforcement actions, reviewingreports, and conducting research.

1. Authority. WSSC Plumbing and Fuel GasCode, Section 812.2.

2. Applicability. Cost recovery may be pur-sued:

a. To recover all costs associated withbringing a noncompliant IU or waste hauler/businto compliance; and

b. To recover all costs associated with de-termining continued compliance status on a pre-scribed frequency.

3. Required Action. As needed, a detailedbreakdown of all costs accumulated will be re-quested from the Accounting Group. After review-ing and approving the charges and costs accumu-lated, the Unit Coordinator will request that theWSSC Accounting Group generate and issue aninvoice for payment to the affected industry.

4. Response Time Frame. A request will bemade to the Accounting Group as needed.

E. Cost Recovery (Damages). The actual re-covery of costs incurred by WSSC for any work orrepair made necessary by the neglect or action of aproperty owner, tenant, waste hauler, or IU result-ing from the discharge of an industrial waste.


2. Applicability. Cost recovery may be pur-sued to recover costs associated with, but not lim-ited to, damages to WSSC’s property and upsets attreatment works which collect flow from WSSC’sIUs.

3. Required Action. The Regulatory ServicesGroup will prepare a package containing neces-sary evidence and documentation identifying thecontributing source(s) and forward it to WSSC’sGeneral Counsel’s Office.

4. Response Time Frame. Investigation intothe source of damages will take place as soon aspossible following notification that damages exist.Preliminary findings will be compiled within 90days.

F. Directive. A written document establishinga schedule containing a milestone date for incre-ments of progress towards a final compliance date.


2. Applicability. A written directive may beissued when a compliance date is necessary to en-sure that the IU implements corrective measures ina timely manner.

3. Required Action. A written directive maybe issued by an Industrial Investigator after reviewby the Industrial Investigations Supervisor andUnit Coordinator.

4. Response Time Frame. A written directivemay be issued within 30 days of determining thatcorrective measures are necessary.

G. Increased Monitoring. The actual increasein monitoring conducted by WSSC or an IUprompted by noncompliance.

1. Authority. WSSC Discharge Authoriza-tion Permit, Section I.B.2.(f); WSSC Plumbingand Fuel Gas Code Sections 806.2.4, 808.1.8, and809.

2. Applicability. Increased monitoring maybe initiated when:

a. An IU is in SNC necessitating an addi-tional five days of self-monitoring by the IU; or

b. A pattern of noncompliance persists ne-cessitating increased compliance monitoring byWSSC or self-monitoring by the IU.

3. Required Action. Once it is determinedthat an IU is in SNC, the IU will be notified. Upon


14-10



notification, the IU shall self-monitor an additionalfive days in the next reporting period.

The Industrial Investigator will make the de-termination that increased compliance monitoringis warranted. This determination will be madebased on the IU’s compliance history and the na-ture of the violation.

4. Response Time Frame. Notification to IUsin SNC will be made within two weeks of the de-termination that an IU is in SNC.

H. Injunction. A court order directing a party toperform or refrain from performing a certain ac-tion.

1. Authority. Public Utilities Article,§§ 29-103(h) and 29-104, Annotated Code ofMaryland.

2. Applicability. An injunction may be indi-cated when:

a. All appropriate administrative remedieshave been exercised and the violation continues;

b. Irreparable injury, loss, damage, or animmediate or threatened violation of WSSC regu-lations occurs; or

c. Any violation of the pretreatment pro-gram or an administrative order.

3. Required Action. Referral to WSSC’sGeneral Counsel’s Office by the Regulatory Ser-vices Group Leader accompanied by supportingdocumentation.

4. Response Time Frame. Response timeframes may vary depending on the urgency of thematter; however, referral should not exceed 90days from the date of the occurrence that promptedthe action.

I. Notification to Appropriate Authorities. Anotification including, but not limited to, the fol-lowing authorities: Environmental ProtectionAgency, Regional Waste Management DivisionDirector; MDE, Waste Management Administra-tion; county health departments; fire departments;environmental crimes task forces; and organiza-tional units within the WSSC.

1. Applicability. The appropriate authoritiesmay be notified when:

a. An IU fails to report the disposal of awaste into the sewer system, which, if otherwisedisposed of, would be classified as a hazardouswaste under 40 CFR 261;

b. An IU is discharging wastes or waste-water directly to the waters of the state or to astormwater conveyance system without possessingthe appropriate permit or discharging in violationof existing regulations;

c. A spill occurs to the sanitary sewer thatmay create a hazardous condition or harm to hu-man health or the environment; or

d. It appears to WSSC that there may becriminal conduct.

2. Required Action. The level of Unit per-sonnel that respond will depend on the agency andlevel of notification required. All verbal contactwith an outside agency pertaining to a violationwill be documented and filed in office files. Sus-pected criminal offenses may be referred to theEnvironmental Crimes Task Forces.

3. Response Time Frame. The response timeframe will depend on the urgency of the matter;however, notification should not exceed twoweeks from the date WSSC becomes aware of theoccurrence that prompted the notification.

J. Public Notice. An annual notification in anewspaper of general circulation that providesmeaningful public notice within the jurisdiction(s)served by WSSC.

1. Authority. WSSC Plumbing and Fuel GasCode, Section 811; WSSC Discharge Authoriza-tion Permit, Section I.8.13.

2. Applicability. This publication shall con-sist of the names of IUs which, at any time duringthe previous 12 months, were in SNC as defined in40 CFR 403.8(f)(2)(vii).

3. Required Action. SNC will be determinedon a quarterly basis. Once the compliance statusof WSSC’s SIUs has been determined for a cal-endar year, the Unit Coordinator will forward thewritten determination to the Regulatory ServicesGroup Leader with a request for publication. Uponreview completion, the Unit Coordinator will for-ward the request to WSSC’s Public Communica-tions Office for publication. Publication must oc-cur no later than May 1st and a certified copyprovided to the MDE within 30 days of the publi-cation.

4. Response Time Frame. Publication of alist of industrial users in SNC is required annually.Within 30 days of making a determination, theUnit Coordinator will forward the list to WSSC’s



14-11

https://municipal.codes/MD/Code/GPU/29-103(h)



https://municipal.codes/US/CFR/40/261


https://municipal.codes/US/CFR/40/403.8(f)(2)(vii)

14.05.080

Public Communications Office for publication ina newspaper of general circulation that providesmeaningful public notice within the jurisdiction(s)served by WSSC.

K. Termination or Suspension of Permit. A re-vocation or suspension of a WSSC discharge au-thorization permit or waste hauler discharge per-mit.

1. Authority. WSSC Plumbing and Fuel GasCode, Sections 806.4 and 810; WSSC DischargeAuthorization Permit, Section I.B.11.

2. Applicability. Grounds for permit suspen-sion or termination are:

a. Violation of any terms or conditions ofthe permit;

b. Misrepresentation or failure to disclosefully all relevant facts during the permit applica-tion process or subsequent to permit issuance; or

c. Information indicating that a dischargeposes a threat to the collection treatment system,the general public, WSSC personnel, or the receiv-ing waters.

3. Required Action. The IU will receive writ-ten notification by personal delivery or certifiedmail of the proposed permit termination or suspen-sion. The written notification will indicate the rea-son(s) for termination, and advise the permittee ofthe opportunity to be heard on the proposed action.

4. Response Time Frame. The RegulatoryServices Group will send out notification within30 days of determining that termination or suspen-sion is warranted. If an imminent endangermentexists, notification will occur as soon as possibleafter the action is taken and may include a sum-mary suspension of the permit pursuant to applic-able state law.

L. Termination of Service. The physical dis-connection or plugging of a sewer line from thecollection system. Termination of service may alsoinclude, or be replaced by, the termination of waterservice.

1. Authority. Public Utilities Article,§ 17-403(a)(2)(i), Annotated Code of Maryland;WSSC Plumbing and Fuel Gas Code, Section810.2.

2. Applicability. Termination of service is in-dicated when an IU discharges or threatens to dis-charge a waste which poses a threat to humanhealth, the environment, or the POTW.

3. Required Action. A verbal request will bemade by the Chief Engineer, Engineering andConstruction Team, to the Customer Care SupportServices Group to terminate water or sewer serviceand followed-up with a written request. IUs will begiven notice and an opportunity to respond priorto termination except in the case of immediate en-dangerment to the health or welfare of persons, inwhich case informal notice will be provided.

4. Response Time Frame. If termination ofservice is necessary to halt or prevent the dis-charge of a waste capable of creating a dangeroussituation, action should be taken immediately oras soon as practical. Otherwise, action should oc-cur within 30 days of the violation. (Industrial dis-charge control program enforcement response plan§ II(B), dated April 22, 2013)

Enforcement Response Guide.A PDF of the Enforcement Response Guide☰

is available for download. (Industrial dischargecontrol program enforcement response plan, datedApril 22, 2013)


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https://municipal.codes/MD/Code/GPU/17-403(a)(2)(i)

https://municipal.codes/MD/WSSC/Code/Media/EnforcementResponsePlan2013.pdf#page=21

14.10.01014.10.02014.10.03014.10.040

14.10.050

14.10.06014.10.070

14.10.080

14.10.09014.10.100

14.10.110

14.10.010

14.10.020

Subtitle II. Plumbing and Gas Fitting

Chapter 14.10

CROSS-CONNECTION CONTROLPROGRAM (CCP)

Sections:


Purpose.Definitions.Authority.Scope and applicability.

Article II. Responsibilities

WSSC’s authority andresponsibilities.Customer’s responsibilities.Backflow Technician’sresponsibilities.

Article III. Procedures

Backflow prevention selectionrequirements.Administration.Testing and maintenance ofbackflow preventers.Backflow Technician certification.


Purpose.This chapter provides the framework of the

WSSC’s CCP and clarifies the roles and responsi-bilities of the WSSC and the regulated community.(Amended during 2019 codification; REG-REGS-EC-2014-004 § I)

Definitions.A. For the purposes of this chapter, WSSC in-

corporates by section reference the definitions ofthe following terms as stated in the 2013 WSSCPlumbing and Fuel Gas Code (WSSC Chapter14.25), and any future amendments thereto: back-flow (Section 202), backflow preventer (BFP)(Section 202), Backflow Technician (Section113.7), backpressure (Section 202), back-

siphonage (Section 202), Chief Code Official(Section 202), Code Official (Section 103), cross-connection (Section 202), cross-connection con-trol (Section 202), customer (Section 202), degreeof hazard (Section 202), high hazard (Section202), and low hazard (Section 202).

B. As used in this chapter, the following termsshall have the meanings indicated herein:

“Contamination” means impairment of the qual-ity of the water which creates a hazard to the pub-lic health through poisoning or through the spreadof disease by sewage, industrial fluids, or waste.

“Cross-connection control program” means aprogram to eliminate, monitor, protect and preventcross-connections from allowing backflow.

“Cross-connection control program base fee”means a fee levied to all commercial water cus-tomers to recover program costs. The fee is struc-tured in two tiers based on inspection priorityrankings by Code Officials: the higher tier for cus-tomers identified as having high levels of haz-ardous water uses; the lower tier for customerswith moderate to low risk water uses.

“Inspection” means a visual examination ofbackflow preventers, equipment, piping arrange-ments, materials and workmanship to verifyproper installation, testing, and operational perfor-mance.

“Inspection priority ranking” means a WSSCdesignation assigned to a commercial water cus-tomer based on the degree of hazard the cus-tomer’s water end-use plumbing fixtures, equip-ment, and/or processes pose to the safety and pota-bility of the drinking water system, both on thecustomer’s property as well as within the Com-mission’s distribution system. The ranking is a nu-meric scale of odd numbers from 1 to 9, where 1and 3 represent the higher degrees of hazard andwill equate to the higher tier of the program’s basefee. Rankings of 5, 7, and 9 represent moderateand low degrees of hazard and will equate to thelower tier of the program’s base fee. See AppendixA☰ for a spreadsheet representation of customerinspection priority rankings.

“Test report” means a demonstration of a back-flow preventer analysis performed and submittedby a registered Backflow Technician to WSSC tofulfill requisite testing and reporting requirements



14-13

https://municipal.codes/MD/WSSC/Code/Media/REG-REGS-EC-2014-004_AppendixA.pdf

https://municipal.codes/MD/WSSC/Code/Media/REG-REGS-EC-2014-004_AppendixA.pdf

14.10.030

14.10.040

14.10.050

14.10.060

set forth by the WSSC Plumbing and Fuel GasCode.

“Test report submittal fee” means a fee that isdetermined by the WSSC for management of therecords associated with each backflow assembly.(Amended during 2019 codification; REG-REGS-EC-2014-004 § II)

Authority.The General Counsel’s Office has certified that,

pursuant to the Public Utilities Article, § 17-403,Annotated Code of Maryland, WSSC has statutoryauthority to adopt the standard procedure codifiedin this chapter. (REG-REGS-EC-2014-004 § III)

Scope and applicability.These procedures are applicable to all properties

accessing WSSC’s water or sewer systems. (REG-REGS-EC-2014-004 § IV)

Article II. Responsibilities

WSSC’s authority andresponsibilities.

A. WSSC, established by the Public UtilitiesArticle, Annotated Code of Maryland, has certainrule-making authority.

B. WSSC is required by the Federal SafeDrinking Water Act to provide and maintain a vi-able cross-connection control program.

C. The Public Utilities Article authorizesWSSC to set and collect from owners and opera-tors of water distribution systems a reasonable feefor the supervision and inspection of the systems.

D. WSSC is responsible for protection of thepublic potable water distribution system from con-tamination or pollution due to backflow caused byeither backpressure or backsiphonage.

E. WSSC will inspect commercial, industrial,as well as government facilities; and residentialproperties as necessary.

F. Upon receiving notice of a change in the useof a customer’s property, WSSC shall reassess thedegree of hazard of the property and determinewhen an inspection is warranted.

G. WSSC Code Officials have the authority toenter a building or premises at all reasonable timesto perform an inspection.

H. WSSC will keep records of test reports, fieldinvestigations and subsequent corrective actions.

I. WSSC will keep on file a list of private con-tractors who are certified Backflow Technicians,and will make the list available to customers.

J. In the event of discovering backflow into thepublic water system, WSSC shall promptly takecorrective actions to confine and minimize the im-pact and make appropriate notifications.

K. WSSC will maintain code language with re-spect to the cross-connection control program.

L. WSSC reserves the right to grant modifica-tions to the cross-connection control program andthe WSSC Plumbing and Fuel Gas Code require-ments on a case-by-case basis; provided, that suchmodification does not compromise health, life orfire safety or cause damage to WSSC’s systems.(Amended during 2019 codification; REG-REGS-EC-2014-004 § V(A))

Customer’s responsibilities.A. The customer is responsible for the elimina-

tion of and protection against cross-connections onhis/her property.

B. The customer shall immediately notifyWSSC if there is reason to believe that backflowhas or may have occurred from a private water sys-tem, equipment, fixture, or other source to the pub-lic water system.

C. The customer, at his/her own expense, shallpurchase, install, operate, test and maintain ap-proved backflow preventers as directed by WSSC.

D. The customer is responsible for paying thecross-connection control program base fee whendue.

E. The customer shall provide and maintain ahigh-hazard backflow preventer for large hydrantmeters that are rented from WSSC.

F. The customer is responsible for hiring a cer-tified Backflow Technician to perform the installa-tion, testing and maintenance on his/her backflowpreventers.

G. The customer shall immediately correct anymalfunction of a backflow preventer revealed byperiodic testing or observation.

H. The customer is responsible for maintainingall necessary records on backflow preventers in-stalled on his/her property.

I. The customer shall immediately contactWSSC when the use of his/her property and/or wa-ter uses change.

14.10.030 CROSS-CONNECTION CONTROL PROGRAM (CCP)

14-14



14.10.070

14.10.080

14.10.090

J. The customer shall promptly notify WSSC inwriting when any of his/her backflow preventersare taken out of service. (Amended during 2019codification; REG-REGS-EC-2014-004 § V(B))

Backflow Technician’sresponsibilities.

A. The Backflow Technician is responsible forhis/her own compliance and the compliance of anyof his/her employees or agents with the WSSCPlumbing and Fuel Gas Code.

B. The Backflow Technician shall be respon-sible for performing accurate field tests and forrepairing, overhauling or replacing backflow pre-venters as necessary to maintain the devices.

C. The Backflow Technician shall be responsi-ble for the accurate generation and recordation ofdata, a correct assessment of the workings of eachassembly tested, and prompt and thorough dissem-ination of relevant data to WSSC and to the cus-tomer.

D. The Backflow Technician is responsible forsubmitting the records of their testing usingWSSC’s online test report submittal process toWSSC.

E. The Backflow Technician is responsible forpaying for test report submittal fees.

F. The Backflow Technician shall be respon-sible for ensuring that original-manufacturer re-placement parts are used in the repair of or re-placement of parts in a backflow-prevention as-sembly.

G. The Backflow Technician shall not changethe design, material or operational characteristicsof an assembly or a device during repair or main-tenance without prior approval of WSSC.

H. The Backflow Technician shall conduct test-ing only when assured that all safety procedureshave been observed and that all necessary individ-uals involved have been appropriately notified.

I. A Backflow Technician shall keep his/hercertification current by completing recertificationon or before the date the certification expires. ABackflow Technician shall promptly report toWSSC in writing any lapses in certification ordiscontinuance of certification. (REG-REGS-EC-2014-004 § V(B))

Article III. Procedures

Backflow prevention selectionrequirements.

A. New Facilities.1. All new residential and commercial facil-

ities shall have both containment assemblies andinternal-protection assemblies and devices. Con-tainment assemblies shall be installed on the outletside of the water meter.

2. New facilities shall have the option to sep-arate distribution mains for fire and domestic use,with a WSSC-approved backflow-prevention as-sembly on each branch.

B. Existing Facilities.1. Containment assemblies and internal-pro-

tection assemblies and devices in facilities builtbefore May 1, 2007, shall remain in service. Con-tainment assemblies shall continue to be tested an-nually or repaired, and internal-protection devicesshall be replaced every five years.

2. Facilities built before May l, 2007, with-out containment or internal-protection backflowpreventers and low-hazard facilities shall gener-ally not need to be retrofitted, unless WSSC deter-mines that retrofitting is warranted.

3. WSSC shall require retrofitting if WSSCidentifies high-hazard facilities without contain-ment assemblies or if WSSC identifies high-haz-ard facilities with a type of containment backflowpreventer(s) that is not commensurate with the de-gree of hazard.

C. Listings and Standards.1. Backflow preventers shall conform to

American Society of Sanitary Engineers (ASSE)standards as listed in the WSSC Plumbing andFuel Gas Code.

2. Application of backflow preventers aslisted in the WSSC Plumbing and Fuel Gas Codeshall be subject to field verification of hazards andconditions by WSSC. (Amended during 2019 cod-ification; REG-REGS-EC-2014-004 § VI(A))

Administration.A. Testing Notification for Existing Facilities.

1. All customers are responsible for havingtheir backflow assemblies tested annually and en-suring the test reports are submitted to WSSC.

2. WSSC intends to send a past due notifica-tion of testing requirements, using a standardized



14-15

informational letter, which outlines the require-ments and a specific period of time for the cus-tomer to comply. If customer does not provide aresponse in the specified time period, WSSC shallsend a notice of violation (NOV).

B. WSSC’s Inspections of Existing Facilities.1. WSSC may inspect existing backflow pre-

venters to determine if the assembly has been al-tered, bypassed, removed or made otherwise inef-fective.

2. During the inspection, WSSC will inspectthe entire plumbing system to assess if the plumb-ing configuration is in compliance with currentcross-connection control standards and the WSSCPlumbing and Fuel Gas Code.

3. WSSC will inspect for proof of timelytesting of existing backflow preventers.

4. WSSC will inspect for unprotected waterend uses/outlets within the system.

5. WSSC will prioritize its inspections andperform such inspections as often as staffing levelsallow.

6. Although WSSC does not generally in-spect residential backflow-prevention assembliesor devices, WSSC reserves the right to conductresidential inspections on a case-by-case basis as itdeems necessary or appropriate.

C. Plan Review and Inspection of New andDesign-Retrofit Construction.

1. WSSC shall review plans and specifica-tions for new and design-retrofit commercial andindustrial construction to determine the degree ofhazard. WSSC shall determine the backflow pre-vention requirements in accordance with theWSSC Plumbing and Fuel Gas Code.

2. WSSC shall review final plans and speci-fications for cross-connection control, and no con-struction shall take place until WSSC approvesthose plans and specifications.

D. Enforcement Actions.1. Notice of Violation.

a. A Code Official shall serve a notice ofviolation (NOV) or other enforcement directive tothe customer or Backflow Technician responsiblefor the erection, installation, alteration, extension,repair, removal or demolition of work in violationof the provisions of the WSSC Plumbing and FuelGas Code.

b. A Code Official shall serve a NOV orother enforcement directive to the customer orBackflow Technician responsible for the existenceof an unprotected or improperly protected cross-connection, in violation of the provisions of theWSSC Plumbing and Fuel Gas Code.

c. Any enforcement order or directiveshall direct the discontinuance of the illegal actionor condition and the abatement of the violationwithin a specified time frame.

2. Stop Work Order. Upon notice from theCode Official, any work that the Code Officialdeems to be performed contrary to the provisionsof the WSSC Plumbing and Fuel Gas Code or ina dangerous or unsafe manner shall immediatelycease.

3. Civil Citations.a. Pursuant to the Annotated Code of

Maryland, a Code Official shall be authorized toissue a civil citation to any person violating anyprovision of the WSSC Plumbing and Fuel GasCode.

b. A person violating any of the followingprovisions of the WSSC Plumbing and Fuel GasCode shall be subject to immediate delivery of aWSSC civil citation, with or without first being is-sued a NOV:

i. Section 108.4.1, Work Without Li-cense.

ii. Section 108.4.2, Work Without Per-mit.

iii. Section 108.4.6, Health and SafetyViolation, including failure to annually test exist-ing backflow assemblies.

iv. Section 108.4.7, Negligence, Incom-petence, or Misconduct, including unprotected wa-ter end-uses, fixtures, equipment, and/or commer-cial/industrial processes.

v. Section 108.4.10, NOV Non-Compli-ance.

4. Authority to Condemn Equipment. When-ever a Code Official determines that any installa-tion, or portion thereof, regulated by the WSSCPlumbing and Fuel Gas Code has become haz-ardous to life, health or property or has becomeunsanitary, the Code Official shall order in writingthat such installation either be removed or restoredto a safe or sanitary condition.


14-16


14.10.100

E. Public Relations and Education. WSSC willprovide backflow education material to customersthrough recurring water-bill inserts and its web-site. Backflow education material will also be pro-vided with applications for new service.

F. Record Keeping.1. WSSC will use its automated facilities

management database and work-order system totrack customers’ backflow-prevention assembliesand devices.

2. WSSC will maintain an inventory recordfor each facility served that uses backflow-preven-tion assembly(s) and device(s).

3. An inventory record for each backflowpreventer will include the location, type, serialnumber, and history of all inspections, tests, re-builds, etc.

4. WSSC will make it possible for test re-ports to be submitted online into WSSC’s databaseby the Backflow Technician. The test report sub-mittal fee is required to be paid for all submissions.WSSC will have additional quality-control func-tionality to implement a validation process to en-sure data accuracy.

5. WSSC will keep records of the investi-gation and subsequent corrective action taken forbackflow incidents in accordance with WSSC’sdocument retention policy.

G. Installation of Backflow Preventers. Back-flow preventers shall be installed, relocated or re-placed in accordance with the WSSC Plumbingand Fuel Gas Code. Such work shall be performedby a WSSC registered, licensed and cross-con-nection certified master plumber journeyman leveldesignee of the firm supervised by a master.(Amended during 2019 codification; REG-REGS-EC-2014-004 § VI(B))

Testing and maintenance ofbackflow preventers.

A. Group R-3 (One- and Two-FamilyResidences) Occupancies.

1. In Group R-3 occupancies, the customershall have the nontestable backflow preventers re-placed or rebuilt every five years.

2. Customers shall have their testable back-flow preventers tested by a Backflow Technicianunder these circumstances:

a. At installation.b. At least annually.

c. After repairs.d. After relocation or replacement.e. Following response to a reported back-

flow incident.f. Prior to any reactivation, seasonal or

any other intermittent use of water (e.g., irrigationsystems, swimming pools, pool houses, decorativefountains, summer homes, among others).

B. All Other Occupancies. In all other occu-pancy-group classifications, the customer shallhave nontestable backflow preventers used for in-ternal protection replaced or rebuilt every fiveyears. In addition, the customer shall have all theirtestable backflow preventers, including internal-protection backflow preventers, tested by a Back-flow Technician under these circumstances:

1. At installation.2. At least annually.3. After repairs.4. After relocation or replacement.5. Following response to a reported backflow

incident.6. Prior to any reactivation, seasonal or any

other intermittent use of water (e.g., irrigation sys-tems, swimming pools, pool houses, decorativefountains, summer homes, among others).

C. Permits.1. Rebuilding and testing of testable back-

flow preventers does not require a permit, but thiswork shall be performed as required by the WSSCPlumbing and Fuel Gas Code and only by a Back-flow Technician. Requisite test reports must besubmitted.

2. Rebuilding or replacing nontestable back-flow preventers does not require a permit, but thiswork shall be performed as required by the WSSCPlumbing and Fuel Gas Code and only by a Back-flow Technician. A WSSC notification tag must behung on or near the device by the Backflow Tech-nician after the work is completed.

3. A long-form WSSC plumbing permit shallbe required for installation of a new, or the re-location of a residential or commercial testablebackflow preventer or a nontestable backflow pre-venter.

4. A short-form WSSC plumbing permit maybe used for the replacement of testable backflowpreventers provided the existing location and ap-plication are consistent with the provisions of the



14-17

14.10.110

WSSC Plumbing and Fuel Gas Code and the orig-inal manufacturer’s installation instructions.

D. Field-Test Procedures. The testing proce-dure for backflow-prevention assemblies shall beperformed in accordance with the applicableASSE procedures. Specific guidelines can befound in Section 508.4 of the WSSC Plumbing andFuel Gas Code.

E. Field-Test Equipment. To ensure the abilityof the test equipment to provide accurate data, thefield-test equipment shall be calibrated annuallyand the calibration date shall be entered on the testreport. There shall be a dated calibration sticker af-fixed to the test equipment. Only test equipmentmeeting minimum standards of the University ofSouthern California Foundation for Cross-Con-nection Control and Hydraulic Research shall beaccepted.

F. Test Reports.1. Testing of backflow-prevention assem-

blies requires the submission of a completedWSSC backflow preventer test report showing apassing test result.

2. Replaced or rebuilt nontestable backflowpreventers do not require submission of a form buta notification tag must be hung on or near the de-vice.

3. Test reports shall be completed by theBackflow Technician(s) and shall be submitted onWSSC’s website or by regular mail.

4. Test reports indicating an unsatisfactorytest result will be accepted, but all necessary cor-rective actions must be promptly completed; andwater service shall only be restored to the cus-tomer following demonstrated compliance withthe WSSC Plumbing and Fuel Gas Code.

5. In the event of a failed test, the BackflowTechnician shall repair, rebuild or replace thebackflow assembly until a passing test result is ob-tained or notify a WSSC Chief Code Official if theprocess is halted by the customer.

6. Backflow Technicians are required to pro-vide their license number on test reports.

7. Incomplete test reports will be rejected.(REG-REGS-EC-2014-004 § VI(C))

Backflow Technician certification.A. Licenses and Registration.

1. Only a WSSC-licensed Master Plumber,Master Plumber/Gasfitter, Journeyman Plumber or

Journeyman Plumber/Gasfitter shall be eligible forlicensing as a WSSC Backflow Technician.

2. All Backflow Technician applicants shallsuccessfully complete a State of Maryland ap-proved 32-hour cross-connection/backflow pre-vention training program, or successively com-plete a 32-hour cross-connection/backflow pre-vention training program from another jurisdictionor state that is acceptable to WSSC.

3. Only individuals licensed with WSSC as aBackflow Technician shall be authorized to repair,rebuild, or test backflow assemblies, and to pro-vide certification of any of these activities.

4. A Backflow Technician license shall bevalid for a period of three years. Individuals shallbe required to complete a state-approved eight-hour recertification program in order to keep theircertification.

5. Individuals who seek recertification fol-lowing a licensing lapse of six months or greatershall be required to complete a State of Marylandapproved 32-hour crossconnection/backflow pre-vention training program.

B. Trade Qualifications and Exam. As a prereq-uisite for taking the journeyman plumbing or mas-ter plumbing exam, applicants shall have passeda 32-hour State of Maryland approved backflowprevention certification program, or passed a back-flow prevention certification program from an-other jurisdiction or state that is acceptable toWSSC, within three years prior to application.(REG-REGS-EC-2014-004 § VI(D))


14-18


14.15.010

14.15.010 14.20.01014.20.02014.20.03014.20.04014.20.05014.20.06014.20.07014.20.080

14.20.010

14.20.020

14.20.030

Chapter 14.15

FATS, OILS AND GREASE PROGRAM

Sections:Fats, oils and grease program.

Fats, oils and grease program.The FOG Report and the Modified FOG Pro-

gram Plan☰, as defined by Article Three, Fats,Oil and Grease Control Program, of the ConsentDecree, constitute WSSC’s complete program toaddress all Consent Decree requirements, includ-ing those defined in Article 11, Collection SystemOperation and Maintenance Plan. Both the FOGReport and the Modified FOG Program Plan areincorporated herein by reference. (CUS 07-09)

Chapter 14.20

INVESTIGATION OF VIOLATIONSPERTAINING TO FATS, OIL AND GREASE

DISCHARGES

Sections:Purpose.General.Job number establishment.Site investigation.Issuance of violations.Violation enforcement.Monthly report.Billing.

Purpose.To provide general guidance on the procedures

and steps to be followed in performing investiga-tions of food handling establishments for viola-tions of WSSC Chapter 14.25 pertaining to greaseabatement. (CON 95-05)

General.Requests for follow-up investigations related to

fats, oil, and grease (FOG) in the Commissionsystem are transmitted from the Bureau of Main-tenance, Maintenance Services Division, Mainte-nance Reconstruction Division, or Systems Main-tenance Division, to the Regulatory ComplianceDivision. These requests should indicate and in-clude at a minimum the following information:200-foot sheet indicating affected manholestretches, copy of maintenance work tickets,names/addresses of potential sources, i.e., restau-rants, etc. Requests are forwarded to the Code En-forcement Section for appropriate action. (CON95-05)

Job number establishment.The Code Enforcement Section will review the

request for completeness. If this request pertains toan establishment that has been previously investi-gated and enforcement action taken under the FOGProgram, the Commission Policy shall be that theproprietor/property owner shall be required to re-imburse the Commission for all expenses incurredfor the maintenance and investigation activities as-sociated with the current violation. To facilitatethe accurate compilation of expenses to individual



14-19

https://municipal.codes/MD/WSSC/Code/Media/ModifiedFOGProgramPlan.pdf

https://municipal.codes/MD/WSSC/Code/Media/ModifiedFOGProgramPlan.pdf

14.20.040

14.20.050

14.20.060

14.20.070

14.20.080

establishments/owners for a repeat violation, theCode Enforcement Section shall complete the Nu-meric Job Request Form (Exhibit A) and transmitsame to the General Accounting Section for as-signment of a job number. If multiplepremises/properties are involved, individual Nu-meric Job Request Forms shall be completed foreach premises. (CON 95-05)

Site investigation.The Code Enforcement Section will initiate the

field investigation of the subject food handling es-tablishment(s) for compliance with WSSC Chap-ter 14.25. The investigation of the property mustbe initiated by the Code Enforcement Sectionwithin 30 days from receipt of request. The inves-tigator shall establish and maintain a detailed jobfile of the investigation to include photographs,videotape of the plumbing/on-site system if re-quired, notes of the plumbing system layout, thepresence of grease abatement systems, evidence ofregular system maintenance of the grease abate-ment system, a log of all communications withthe owner(s), proprietor, plumbers, etc. The in-vestigator shall charge his/her investigation time,for repeat violations, against the assigned numericjob number for each establishment to facilitate ex-pense accounting. The numeric job number shallbe provided to other Commission organizationalunits requested to provide support in the investiga-tion. (CON 95-05)

Issuance of violations.If a particular establishment is found to be in vi-

olation of the regulations governing grease abate-ment, a notice of violation (NOV) will be issuedto the proprietor of the property. A written findingmust be prepared by the investigator within 60days from receipt of request for investigation, andplaced in the job file prior to issuance of a NOV.The NOV will typically be in the form of a letterwhich shall be sent by registered mail, return re-ceipt requested. The notice of violation shall in-clude, at a minimum, the specific provision(s) ofthe regulations violated, the required corrective ac-tion, the time frames within which such actionmust be completed, and the penalty for failure tocomply with the NOV. In such cases where theproprietor is not the owner of the property, anNOV will be issued simultaneously to the owner

and the proprietor. The NOV issued to the propertyowner shall reference the NOV issued to the pro-prietor, and vice versa, and clearly indicate that theproperty owner is responsible for all violations ofWSSC Chapter 14.25 on private property whetheror not the violation is caused by the owner or theproprietor. If the proprietor/owner is a repeat vio-lator under the FOG Program, then the violationshould also indicate that the property owner is re-sponsible for all expenses incurred by the Com-mission for the maintenance and investigation ac-tivities associated with the current violation. (CON95-05)

Violation enforcement.The Code Enforcement investigator shall mon-

itor the compliance activity associated with theNOV. The compliance milestones outlined in theNOV shall be strictly adhered to, unless time ex-tensions are requested and granted in writing.

Failure to comply with the NOV by the speci-fied milestone dates shall result in the issuance ofa final notice of violation (FNOV). This FNOVshall indicate a time extension of 10 days for com-pliance and further indicate that failure to complywith the FNOV will result in termination of waterand/or sewer service without further notice to theproperty owner or proprietor. Approval from theDirector, Bureau of Construction, must be ob-tained prior to initiating service termination. Fur-ther, in addition to the issuance of a FNOV, aWSSC infraction citation will be issued for failureto comply with the notice of violation. See Section221.3.1(c) of the Plumbing and Gasfitting Regu-lations of the Washington Suburban Sanitary Dis-trict. (CON 95-05)

Monthly report.A monthly report indicating status of all pend-

ing/ongoing investigations shall be prepared bythe Code Enforcement Section and submitted tothe Regulatory Compliance Division. All investi-gations shall be tracked on the monthly report un-til the violation has been corrected and the job hasbeen closed out. (CON 95-05)

Billing.When the NOV has been fully complied with,

and all corrective action completed, the Code En-forcement Section will notify the General Ac-

14.20.040INVESTIGATION OF VIOLATIONS PERTAINING TO FATS, OIL AND GREASE

DISCHARGES

14-20


14.25.010

14.25.010

counting Section, if appropriate, to close out theappropriate numeric job number and render a billfor expenses associated with the maintenance andinvestigatory work. The General Accounting Sec-tion shall contact the Maintenance Services Di-vision to obtain expenses incurred for the initialline clearance, basement cleaning, TV investiga-tion, etc., for inclusion in the final billing. The billshall be issued to the owner of the property. (CON95-05)

Chapter 14.25

PLUMBING AND FUEL GAS CODE

Sections:WSSC Plumbing and Fuel GasCode.

WSSC Plumbing and Fuel GasCode.

A PDF of the WSSC Plumbing and Fuel GasCode☰ is available for download. (Plumbing andfuel gas code, dated July 1, 2015)



14-21

https://municipal.codes/MD/WSSC/Code/Media/PlumbingFuelGasCode2015.pdf

https://municipal.codes/MD/WSSC/Code/Media/PlumbingFuelGasCode2015.pdf

15.16015.165

15.175

15.190

15.210

Title 15

RISK MANAGEMENT

Chapters:

Subtitle I. Reserved

Subtitle II. Emergency Management

Emergency Water Use Restrictions for the Bowie Pressure ZoneEmergency Water Use Restrictions for the Montgomery CountyHigh and Dependent ZonesNotification of Significant Events

Subtitle III. Security

Firearms Authorization

Subtitle VI. Internal Audit

Fraud, Waste, and Abuse Hotline Policy

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15.160.01015.160.02015.160.03015.160.04015.160.05015.160.06015.160.07015.160.08015.160.090

15.160.010

15.160.020

15.160.030

Subtitle I. Reserved Subtitle II. Emergency Management

Chapter 15.160

EMERGENCY WATER USERESTRICTIONS FOR THE BOWIE

PRESSURE ZONE

Sections:Purpose.Affected area.Background.Authority.Restriction levels.Notification.Implementation.Level I restrictions.Level II restrictions.

Purpose.This chapter describes the various levels of wa-

ter use restrictions which may be put in effect inthe Bowie Pressure Zone during periods of highdemand which would otherwise jeopardize thesafety of customers in the zone due to unavail-ability of adequate fire flow capacity. This chapterdefines the affected area and describes the mecha-nism for determining when use restrictions shouldbe put into effect. It also delineates how the restric-tions are to be implemented. (WOD 90-02)

Affected area.This chapter affects all WSSC customers in the

areas south of Goddard Space Center and the Na-tional Agricultural Research Center, east of GoodLuck Road, northeast of State Route 193, northof John Hanson Highway (Route 50), and west ofthe Patuxent River. This area is highlighted on themap in Appendix E☰. (WOD 90-02)

Background.A. As of November 1989, a substantial part of

the WSSC water system within the affected area:1. Cannot provide fire flows of 1,500 gpm or

more; and2. Above 200-foot elevation cannot provide

fire flow of 1,000 gpm.B. A substantial portion of development in the

area, except single-family detached housing pro-jects, is impacted by the first limitation. The sec-



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ond limitation impacts single-family detachedhousing projects as well. These limitations werefirst identified by the WSSC in 1987 and havesince been noted on WSSC comments to thecounty on service area category change requests.

C. A review of fire hydrant testing records forthe five-year period ending November 1989 indi-cates there has been a steady deterioration of sys-tem pressure in the affected area.

D. A number of WSSC projects have been pro-grammed to relieve this situation. For safety pur-poses however, until these projects are completed,temporary water use restrictions must be imposedduring periods of high demand (typically in thesummer months but may be as early as May 1stand as late as September 30th). (WOD 90-02)

Authority.The Public Utilities Article, § 17-403(a)(2)(i),

Annotated Code of Maryland, authorizes WSSC tolimit or regulate the use and supply of water ser-vice in any area on a temporary basis if deemednecessary. (WOD 90-02)

Restriction levels.This chapter includes three levels of water use

restrictions which will be implemented dependentupon the degree of fire flow shortfall in the system.

A. Level I Restrictions. This is the lowest levelof use restriction and primarily depends upon vol-untary customer participation to reduce water useduring the high demand periods of the day. Spe-cific water restriction guidelines are included inWSSC 15.160.080. This level is designed to re-duce peak hour demand on the water system bysmoothing (flattening) the daily variation of sys-tem demand. Level I will be initiated when theBowie standpipe water elevation drops below 285feet. Part of the implementation process will in-clude notification to the public that there may befurther water restriction. It is estimated that thisrestriction level will reduce peak demand by 15percent, with minimal reduction in average dailyflows.

B. Level II Restrictions. This second level willbe implemented when Level I restrictions becomeinadequate to maintain water usage low enough toprotect public safety (fire protection of the affectedarea). It is expected this level of restriction willreduce peak consumption by 30 percent. Level II

will be initiated when Bowie standpipe water ele-vation drops below 275 feet. Specific restrictionsare included in WSSC 15.160.090.

C. Level III Restrictions. If Level II restrictionsare not sufficient to meet fire flow minimums,Level III restrictions will be implemented. LevelIII will be initiated when Level II has been ef-fective for seven days and daytime high tempera-tures are expected over 90 degrees for more thanfive days. In addition to the Level II restrictions,this level includes the shutdown of water service togovernment, school, and large industrial users lo-cated in the affected area. A list of these users willbe maintained by the Customer Service Team. It isexpected this level of restriction will reduce peakconsumption by 35 to 40 percent. (Amended dur-ing 2019 codification; WOD 90-02)

Notification.Two mechanisms will be used to notify cus-

tomers when restrictions have been implementedor changed:

A. A news release will be issued at the timeof implementation or any status change in restric-tion conditions, and literature including WSSC15.160.080 and 15.160.090 will be made availableat county libraries, in the affected area, by theOffice of Communications and Community Rela-tions. An example news release is found in Appen-dix C☰.

B. The Operations emergency “info line” willbe used to provide customers with a recorded mes-sage indicating the current status of water restric-tions. (Amended during 2019 codification; WOD90-02)

Implementation.These restrictions will be implemented by di-

rection of the General Manager. The counties willbe notified through the General Manager’s Office.Notification, within WSSC, will be coordinatedby the Production Department. When any restric-tions are implemented, WSSC will immediatelydiscontinue all routine flushing and large metertesting in the affected area. The Utility ServicesDepartment will upgrade response priority for allreported leaks in the affected area. The Meter Ser-vices Division will individually notify major firehydrant meter users likely to be working in theaffected area. When Level III restrictions are im-

15.160.040 EMERGENCY WATER USE RESTRICTIONS FOR THE BOWIE PRESSURE ZONE

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plemented, affected large users will be notified bydirect phone call from the Customer Service TeamOffice.

When possible, implementation of restrictionsshould be progressive in nature (i.e., Level I, toLevel II, to Level III, to Level II, to Level I). Dueto the variability of factors influencing water use,a restriction level, once implemented, will gener-ally not be downgraded for a 14-day period.

The Production Department is responsible fortracking water demand in the affected area and no-tifying the General Manager when allowable lim-its have been exceeded. Once the General Man-ager has initiated or changed a restriction level, theProduction Department will be responsible for co-ordinating all necessary notifications as depictedin Appendix D☰.

Level I or II will generally be downgraded after14 days if both the demand has dropped below theinitiation level and long range weather forecastscall for diminished water demand. Fourteen daysis intended only as a guide; the period will be ap-propriately adjusted up or down depending uponactual conditions. Level III will be downgraded atthe discretion of the General Manager. (Amendedduring 2019 codification; WOD 90-02)

Level I restrictions.A. Restrict the use of hoses, sprinklers, or other

means for sprinkling or watering of shrubbery,trees, lawns, grass, plants, vines, gardens, vegeta-bles, flowers, or any other vegetation. The restric-tion will be based on address with the last digit inthe address being the key; e.g., on odd days of themonth (i.e., first, third, twenty-third), those withthe last digit being odd may water.

B. Restrict the use of water for washing au-tomobiles, trucks, trailers, trailer-houses, or anyother type of mobile equipment, except where au-tomatic car washing equipment is employed and arecirculating system is used, which reuses at least50 percent of the water. Restriction, again, de-pends on odd/even street address.

C. Except for make-up (e.g., compensation forevaporation and/or spillage), swimming or wadingpools are only to be filled or refilled by tank truckssupplied with water from outside the restrictedarea.

D. Restaurants, drive-ins, fast food, and miscel-laneous eating facilities:

1. Discontinue all dish washing. (Paper ser-vice could be used in lieu of glassware.)

2. Discontinue use of garbage disposal.3. Reduce floor washing in customer area.

Sweep only and damp mop.E. Discontinue operation of all water-demand-

ing amenities such as ornamental fountains, water-falls, and reflecting ponds.

F. Prohibit the washing of streets, driveways,parking lots, service station aprons, apartments,sidewalks, exterior of homes, office buildings orother outdoor surfaces. The use of buckets of wa-ter for such purposes is permitted.

G. The use of water from fire hydrants is pro-hibited for any purpose other than fire extinguish-ing or water interconnection, except for essentialstatic or residual fire plan tests.

H. Washing machines to be loaded to full ca-pacity when used. Businesses such as, but not lim-ited to, beauty salons, barber shops, and carwashes that wash linens in on-premises washingmachines are to load to full capacity and at mini-mum wash cycle. (WOD 90-02 Appx. A)

Level II restrictions.A. In Level II, the following Level I restrictions

have been expanded:1. Prohibit all use of hoses, sprinklers, or

other means for sprinkling or watering of shrub-bery, trees, lawns, grass, plants, vines, gardens,vegetables, flowers, or any other vegetation. Theuse of buckets of water for such vegetation is per-mitted.

2. Prohibit all use of water for washing au-tomobiles, trucks, trailers, trailer-houses, or anyother type of mobile equipment, except where au-tomatic car washing equipment is employed and arecirculating system is used, which reuses at least50 percent of the water.

3. Swimming or wading pools are only to befilled or refilled by tank trucks supplied with wa-ter from outside the restricted area. This includesmake-up water.

4. Restaurants, drive-ins, fast food, and mis-cellaneous eating facilities:

a. Discontinue all dish washing. (Paperservice could be used in lieu of china and glass-ware.)



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b. Discontinue use of garbage disposal.c. Reduce floor washing in customer area.

Sweep only and damp mop.d. No water to be served except on re-

quest.B. The following Level I restrictions remain

unchanged in Level II:1. Discontinue operation of all water-de-

manding amenities such as ornamental fountains,waterfalls, and reflecting ponds.

2. Prohibit the washing of streets, driveways,parking lots, service station aprons, apartments,sidewalks, exterior of homes, office buildings orother outdoor surfaces. The use of buckets of wa-ter for such purposes is permitted.

3. The use of water from fire hydrants is pro-hibited for any purpose other than fire extinguish-ing or water interconnection, except for essentialstatic or residual fire plan tests.

4. Washing machines to be loaded to full ca-pacity when used. Businesses such as, but not lim-ited to, beauty salons, barber shops, and carwashes that wash linens in on-premises washingmachines are to load to full capacity and at mini-mum wash cycle.

C. Level II includes the following additional re-strictions:

1. As a goal, residents should (voluntarily)limit water consumption (one shower, one flushper person per day, one laundry per family everyother day).

2. Hotels, motels, inns and boarding houses:a. Change bed linen every other day ex-

cept when there is a change of occupant.b. Shut off water supply to all public con-

venience ice cube making machines.c. Instruct maids to use buckets for bath-

room cleaning. (WOD 90-02 Appx. B)

Chapter 15.165

EMERGENCY WATER USERESTRICTIONS FOR THE

MONTGOMERY COUNTY HIGH ANDDEPENDENT ZONES

Sections:Purpose.Affected area.Background.Authority.Restriction levels.Notification.Implementation.Level I restrictions.Level II restrictions.

Purpose.This chapter describes the various levels of wa-

ter use restrictions which may be put in effectin the Montgomery County high and dependentzones during periods of high demand which wouldotherwise jeopardize the safety of customers in thezone due to unavailability of adequate supply ca-pacity. This chapter defines the affected area anddescribes the mechanism for determining whenuse restrictions should be put into effect. It alsodelineates how the restrictions are to be imple-mented. (WOD 90-01)

Affected area.This chapter affects all WSSC Montgomery

County customers located north of a boundary ex-tending from the Montgomery-Prince George’sCounty line, west along Randolph Road, to Mon-trose Road, to Falls Road, to Glen Road, to Trav-ilah Road, to the Potomac River. (This area isillustrated on the map in Appendix E☰.) (WOD90-01)

Background.During the summer of 1988, peak flows pumped

into the Montgomery County high zone exceededthe safe pumping capacity of the three sourcepumping stations that supply the zone. Safe pump-ing capacity is defined as the total capacity of apumping station with its largest pump left in re-serve. Leaving the largest pump in reserve is nor-mal practice in the industry to protect the service

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area supply in the event of a mechanical problemwith an in-service pumping unit.

A number of WSSC projects have been pro-grammed to relieve this situation. These includethe new Potomac plant high zone pumping station,the Patuxent plant high zone station and transmis-sion mains, the Colesville main zone supply line,and added storage.

For safety purposes, until these projects can becompleted, temporary emergency water use re-strictions must be imposed during periods of highwater demand. (Typically in the summer months,but may be as early as May, and as late as Septem-ber.) (WOD 90-01)

Authority.The Public Utilities Article, § 17-403(a)(2)(i),

Annotated Code of Maryland, authorizes WSSC tolimit or regulate the use and supply of water ser-vice in any area on a temporary basis if deemednecessary. (WOD 90-01)

Restriction levels.This chapter includes three levels of water use

restrictions which will be implemented dependentupon the degree of supply shortfall in the system.

A. Level I Restrictions. This is the lowest levelof use restriction and primarily depends upon vol-untary customer participation to reduce water useduring the high demand periods of the day. Spe-cific water restriction guidelines are included inWSSC 15.165.080. This level is designed to re-duce peak hour demand on the water system bysmoothing (flattening) the daily variation of sys-tem demand. Level I will be initiated when dailyaverage demand exceeds 95 percent of safe pump-ing capacity. Part of the implementation processwill include notification to the public that theremay be further water restriction. It is estimatedthat this restriction level will reduce peak demandby 15 percent, with minimal reduction in averagedaily flows.

B. Level II Restrictions. This second level willbe implemented when Level I restrictions becomeinadequate to maintain water usage low enoughto protect public safety. It is expected this levelof restriction will reduce peak consumption by 30percent. Level II will be initiated when averagedemand exceeds 100 percent of safe pumping ca-

pacity. Specific restrictions are included in WSSC15.165.090.

C. Level III Restrictions. If Level II restrictionsare not sufficient to meet supply flow minimums,Level III restrictions will be implemented. LevelIII will be initiated when the 100 percent safepumping capacity has been exceeded for five days.In addition to the Level II restrictions, this levelincludes the shutdown of water service to gov-ernment, school, and large industrial users locatedin the affected area. A list of these users will bemaintained by the Customer Service Team. It isexpected this level of restriction will reduce peakconsumption by 35 to 40 percent. (Amended dur-ing 2019 codification; WOD 90-01)

Notification.Two mechanisms will be used to notify cus-

tomers when restrictions have been implementedor changed:

A. A news release will be issued at the timeof implementation or any status change in restric-tion conditions, and literature including WSSC15.165.080 and 15.165.090 will be made availableat County libraries, in the affected area, by theOffice of Communications and Community Rela-tions. An example news release is found in Appen-dix C☰.

B. The Operations emergency “info line” willbe used to provide customers with a recorded mes-sage indicating the current status of water restric-tions. (Amended during 2019 codification; WOD90-01)

Implementation.These restrictions will be implemented by di-

rection of the General Manager. The counties willbe notified through the General Manager’s Office.Notification, within WSSC, will be coordinatedby the Production Department. When any restric-tions are implemented, WSSC will immediatelydiscontinue all routine flushing and large metertesting in the affected area. The Utility ServicesDepartment will upgrade response priority for allreported leaks in the affected area. The Meter Ser-vices Division will individually notify major firehydrant meter users likely to be working in theaffected area. When Level III restrictions are im-plemented, affected large users will be notified by



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15.165.080

15.165.090

direct phone call from the Customer Service TeamOffice.

When possible, implementation of restrictionsshould be progressive in nature (i.e., Level I, toLevel II, to Level III, to Level II, to Level I). Dueto the variability of factors influencing water use,a restriction level, once implemented, will gener-ally not be downgraded for a 14-day period.

The Production Department is responsible fortracking water demand in the affected area and no-tifying the General Manager when allowable lim-its have been exceeded. Once the General Man-ager has initiated or changed a restriction level, theProduction Department will be responsible for co-ordinating all necessary notifications as depictedin Appendix D☰.

Levels I or II will generally be downgraded after14 days if both the demand has dropped below theinitiation level and long range weather forecastscall for diminished water demand. Fourteen daysis intended only as a guide; the period will be ap-propriately adjusted up or down depending uponactual conditions. Level III will be downgraded atthe discretion of the General Manager. (Amendedduring 2019 codification; WOD 90-01)

Level I restrictions.A. Restrict the use of hoses, sprinklers, or other

means for sprinkling or watering of shrubbery,trees, lawns, grass, plants, vines, gardens, vegeta-bles, flowers, or any other vegetation. The restric-tion will be based on address with the last digit inthe address being the key; e.g., on odd days of themonth (i.e., first, third, twenty-third), those withthe last digit being odd may water.

B. Restrict the use of water for washing au-tomobiles, trucks, trailers, trailer-houses, or anyother type of mobile equipment, except where au-tomatic car washing equipment is employed and arecirculating system is used, which reuses at least50 percent of the water. Restriction, again, de-pends on odd/even street address.

C. Except for make-up (e.g., compensation forevaporation and/or spillage), swimming or wadingpools are only to be filled or refilled by tank truckssupplied with water from outside the restrictedarea.

D. Restaurants, drive-ins, fast food, and miscel-laneous eating facilities:

1. Discontinue all dish washing. (Paper ser-vice could be used in lieu of glassware.)

2. Discontinue use of garbage disposal.3. Reduce floor washing in customer area.

Sweep only and damp mop.E. Discontinue operation of all water-demand-

ing amenities such as ornamental fountains, water-falls, and reflecting ponds.

F. Prohibit the washing of streets, driveways,parking lots, service station aprons, apartments,sidewalks, exterior of homes, office buildings orother outdoor surfaces. The use of buckets of wa-ter for such purposes is permitted.

G. The use of water from fire hydrants is pro-hibited for any purpose other than fire extinguish-ing or water interconnection, except for essentialstatic or residual fire plan tests.

H. Washing machines to be loaded to full ca-pacity when used. Businesses such as, but not lim-ited to, beauty salons, barber shops, and carwashes that wash linens in on-premises washingmachines are to load to full capacity and at mini-mum wash cycle. (WOD 90-01 Appx. A)

Level II restrictions.A. In Level II, the following Level I restrictions

have been expanded:1. Prohibit all use of hoses, sprinklers, or

other means for sprinkling or watering of shrub-bery, trees, lawns, grass, plants, vines, gardens,vegetables, flowers, or any other vegetation. Theuse of buckets of water for such vegetation is per-mitted.

2. Prohibit all use of water for washing au-tomobiles, trucks, trailers, trailer-houses, or anyother type of mobile equipment, except where au-tomatic car washing equipment is employed and arecirculating system is used, which reuses at least50 percent of the water.

3. Swimming or wading pools are only to befilled or refilled by tank trucks supplied with wa-ter from outside the restricted area. This includesmake-up water.

4. Restaurants, drive-ins, fast food, and mis-cellaneous eating facilities:

a. Discontinue all dish washing. (Paperservice could be used in lieu of china and glass-ware.)

b. Discontinue use of garbage disposal.

15.165.080 MONTGOMERY COUNTY HIGH AND DEPENDENT ZONES

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15.175.080

15.175.090

15.175.10015.175.11015.175.12015.175.130

15.175.010

15.175.020

c. Reduce floor washing in customer area.Sweep only and damp mop.

d. No water to be served except on re-quest.

B. The following Level I restrictions remainunchanged in Level II:

1. Discontinue operation of all water-de-manding amenities such as ornamental fountains,waterfalls, and reflecting ponds.

2. Prohibit the washing of streets, driveways,parking lots, service station aprons, apartments,sidewalks, exterior of homes, office buildings orother outdoor surfaces. The use of buckets of wa-ter for such purposes is permitted.

3. The use of water from fire hydrants is pro-hibited for any purpose other than fire extinguish-ing or water interconnection, except for essentialstatic or residual fire plan tests.

4. Washing machines to be loaded to full ca-pacity when used. Businesses such as, but not lim-ited to, beauty salons, barber shops, and carwashes that wash linens in on-premises washingmachines are to load to full capacity and at mini-mum wash cycle.

C. Level II includes the following additional re-strictions:

1. As a goal, residents should (voluntarily)limit water consumption (one shower, one flushper person per day, one laundry per family everyother day).

2. Hotels, motels, inns and boarding houses:a. Change bed linen every other day ex-

cept when there is a change of occupant.b. Shut off water supply to all public con-

venience ice cube making machines.c. Instruct maids to use buckets for bath-

room cleaning. (WOD 90-01 Appx. B)

Chapter 15.175

NOTIFICATION OF SIGNIFICANTEVENTS

Sections:


Statement of purpose.Notification forms.Procedures.

Article II. Responsibility

Generally.Water main break “Level 1” events.Water main break “Level 2” events.Sewer and/or spills “Level 1”events.Sewer and/or spills “Level 2”events.Facility overflow/spill “Level 2”events.Fire/natural disaster events.Crime/injury/accidents events.Traffic disruptions “Level 1” events.Traffic disruptions “Level 2” events.


Statement of purpose.These guidelines are established as a standard

procedure for notifying designated parties of sig-nificant events. Initial notifications will be handledby employees in the Customer Care EmergencyServices Center and the Production DepartmentSystems Control Division.

This chapter addresses the notification of allsignificant events in the Customer Service Teamand Production Department, with the exceptionof drinking water system contamination reportingprocedures (which are addressed in a separatestandard procedure). (Amended during 2019 codi-fication; CUS 06-01 § I)

Notification forms.Notification forms are color coded for easy

identification. Notifications will be made via atelephone call. All external notifications will be



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made via a telephone call, according to the speci-fied notification form.

A. Water Main Breaks (Blue). This form willbe used to make notification of:

1. Any size broken mains shut down (sched-uled or emergency) for over six hours;

2. Breaks or shutdowns affecting over 100customers;

3. Broken mains that are 12 inches andlarger;

4. Damage to vehicles due to sunken roadways or icy conditions;

5. Elected official(s) on scene;6. Major traffic interruption;7. Media on scene; and8. Severe flooding of a customer’s home re-

sulting in major property damage.B. Sewer and/or Spills (Green). This form will

be used to make notification of:1. Broken sewer mains;2. Flammable or toxic spills;3. Force main breaks;4. Sanitary sewer overflows (SSOs);5. Severe flooding of a customer’s home re-

sulting in major property damage due to mainlinesewer backup;

6. Sewage running into highly populated ar-eas such as playgrounds and parks; and

7. Sewer services running into a creek.C. Facility Overflows/Spill (Yellow). This form

will be used to notify wastewater pumping stationsand plant facilities of nonpermitted discharge ofuntreated or partially treated wastewater.

D. Fire/Natural Disaster (Red). This form willbe used to make notification when a fire occurs at:

1. WSSC facility;2. Non-WSSC facility that will significantly

impact the operations of WSSC.E. Crime/Injury/Accident (Pink). This form

will be used to make notification of crimes involv-ing WSSC employees or WSSC facilities:

1. Any incident requiring a work site to beshut down;

2. Break-ins;3. Customer injury sustained on WSSC prop-

erty;4. Serious injuries or the death of a WSSC

employee on the job;

5. Serious vehicle accidents involving aWSSC employee or WSSC facility; and

6. Thefts.F. Traffic Disruptions (White). This form will

be used to make notification of:1. Diverted traffic;2. Lane closures; and3. Road closures. (CUS 06-01 § II)

Procedures.Notifications will be made in the order on the

form. It may be necessary for the Customer CareEmergency Services Center and the ProductionDepartment Systems Control Division employeesto make additional notifications at the direction ofthe specified designee on the form.

A. At the onset of an occurrence, notificationswill begin with the appropriate form being com-pleted.

B. The completed form will be placed in theSenior Customer Service Agent’s or ProductionDepartment Systems Control Division Chief PlantOperator’s in-box for review.

1. Within the first 24 hours of an SSO, theCustomer Care Emergency Services Center or Pro-duction Department Systems Control Division em-ployees will make notifications outlined on thesewer and/or spills form or facility overflowsform.

2. The Customer Care Emergency ServicesCenter and Production Department Systems Con-trol Division employees will also enter initial in-formation into the Maintenance Management In-formation System (MMIS).

3. The SSO forms with initial informationwill be faxed to the Chief Plant Operator or Pro-duction Plant Superintendent where the SSO oc-curred.

4. When the sewer and/or spill form is faxedto the Customer Care Emergency Services CenterUnit Coordinator, the Center is triggered to add ad-ditional information into NMIS.

5. When the facility overflow/spill form isfaxed to the impacted Production Plant Chief Op-erator, the Chief Operator is triggered to add addi-tional information into MMIS.

C. When an SSO is over 10,000 gallons or oth-erwise directed by the Prince George’s County orMontgomery County Health Departments orWSSC management, the Communications and

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Community Relations Office will prepare and faxa press release to various news media outletswithin 24 hours of the confirmed report of theSSO, as required by MDE.

All media releases will be referenced in theCommunications and Community Relations Of-fice.

D. Within five calendar days of an SSO, theWater/Wastewater Systems Assessment DivisionPlanning Section Manager will use the SSO data-base to prepare and forward the final report to theMaryland Department of the Environment (MDE).

The Water/Wastewater Systems Assessment Di-vision Planning Section Manager will provide thefollowing personnel with copies of all reports sentto MDE:

1. Deputy General Manager;2. Customer Service Team Director;3. Production Department Director;4. Director of Communications;5. Communications and Community Rela-

tions Office Manager;6. Customer Service Team Managers;7. Production Department Managers.

E. All notification forms will be filed in theCustomer Care Emergency Services Center or Pro-duction Department Systems Control Division.(Amended during 2019 codification; CUS 06-01§ IV)

Article II. Responsibility

Generally.It is the responsibility of the Customer Care

Emergency Services Center and the ProductionDepartment Systems Control Division employeesto make notifications according to the specificform being used.

A. The Customer Care Emergency ServicesCenter and Production Department Systems Con-trol Division employees are required to:

1. Perform notifications within 15 minutes ofthe report of the event;

2. Fill in the date and time on the appropriatenotification form after the notification is complete;

3. Leave a voice mail message if no one an-swers;

4. Contact the unavailable person’s nextlevel in the chain of command; and

5. Fill in the name of the person contacted ifno name is listed on the sheet or if someone otherthan the person listed is contacted.

B. Water/Wastewater Systems Assessment Di-vision Managers are responsible for notifying theCustomer Care Emergency Services Center forevents related to emergency contracts.

C. If the person contacted is unavailable anda response is required, the Customer Care Emer-gency Services Center Senior Agent and the des-ignated Production Department Systems ControlDivision employee will notify the appropriate Di-vision Manager and Department Directors in writ-ing, so that appropriate action can be taken.

D. During off hours, employees will make noti-fications in the following order, with the exceptionof the General Manager and Deputy General Man-ager that prefer to be contacted on their cell tele-phone:

1. Home telephone;2. Cell telephone;3. Pagers.

E. The Communications and Community Rela-tions Office contact person will make notificationsregarding media coverage and major traffic disrup-tions to:

1. General Manager;2. Deputy General Manager.

F. The General Manager’s Office will makenecessary notifications to Commissioners.(Amended during 2019 codification; CUS 06-01§§ III(A) – (D), (F) and (G))

Water main break “Level 1”events.

Defined as:A. Less than 12-inch water main breaks when

repairs are completed in less than six hours andcause no significant impact to customers.

1. Notifications Process.a. The Customer Care Emergency Ser-

vices Center employees will call the Manager re-sponsible for the area where the event is occurring,or the on-duty Manager;

b. The Manager will contact the appropri-ate Division Manager;

c. The Division Manager will contact theDepartment Director;



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d. The Department Director will contactthe General Manager and Deputy General Man-ager.

B. Twelve-inch and larger water main breakswhen repairs are completed in less than six hoursand cause no significant impact to customers.

1. Notifications Process.a. The Customer Care Emergency Ser-

vices Center employees will call, up the chain ofcommand, as follows:

i. Manager responsible for the areawhere the event is occurring, or the on-duty Man-ager;

ii. Deputy General Manager;iii. General Manager.

b. The Manager will call the appropriateDivision Manager:

i. If the Manager is unable to contact theDivision Manager, the Manager will contact theDepartment Director;

ii. The Division Manager will call theDepartment Director;

iii. If the Department Director cannotbe contacted, the caller is to leave a voice mailand send an email message for documentation.(Amended during 2019 codification; CUS 06-01§ III(E)(1))

Water main break “Level 2”events.

A. Defined as:1. Any size broken main shut down for over

six hours;2. Break or shutdown affecting over 100 cus-

tomers;3. Damage to vehicles due to sunken road-

ways or icy conditions;4. Elected official(s) on scene;5. Major traffic interruption;6. Media on scene;7. Severe flooding of a customer’s home re-

sulting in major property damage.B. Notifications Process.

1. The Customer Care Emergency ServicesCenter employees will call, as follows:

a. Manager responsible for the area wherethe event is occurring, or the on-duty Manager andCommunications and Community Relations Of-fice designee;

b. Production Department Systems Con-trol Division;

c. Customer Care Emergency ServicesCenter Manager;

d. Fire Board;e. If requested, the designated Claims rep-

resentative;f. Mayor or city/town administrator.

2. The Manager will call, up the chain ofcommand, as follows:

a. Manager to Division Manager;b. If the Manager is unable to contact the

Division Manager, the Manager will contact theDepartment Director;

c. Division Manager to Department Direc-tor;

d. If the Department Director cannot becontacted, the caller is to leave a voice mail andsend an email message for documentation;

e. Communications and Community Rela-tions Office designee calls Communications andCommunity Relations Manager;

f. Communications and Community Rela-tions Manager calls the Communications andCommunity Relations Director. (Amended during2019 codification; CUS 06-01 § III(E)(2))

Sewer and/or spills “Level 1”events.

A. Defined as sanitary sewer overflows (SSOs)up to 10,000 gallons.

B. Notifications Process.1. The Customer Care Emergency Services

Center employees will call, up the chain of com-mand, as follows:

a. Manager responsible for the area wherethe event is occurring or the on-duty Manager andPublic Communication designee;

b. Water/Wastewater Systems AssessmentDivision Planning Section Manager; if not avail-able, the Water/Wastewater Systems AssessmentDivision Planning Manager;

c. Deputy General Manager;d. General Manager.

2. The Manager will call the appropriate Di-vision Manager:

a. If the Manager is unable to contact theDivision Manager, the Manager will contact theDepartment Director;


15-12


15.175.080

15.175.090

b. Division Manager to Department Direc-tor;

c. If the Department Director cannot becontacted, the caller is to leave a voice mail andsend an email message for documentation.(Amended during 2019 codification; CUS 06-01§ III(E)(3))

Sewer and/or spills “Level 2”events.

A. Defined as:1. Flammable or toxic spills;2. Force main breaks;3. Overflowing manhole that is flowing into

a creek;4. SSOs more than 10,000 gallons;5. Severe flooding of a customer’s home re-

sulting in major property damage due to mainlinesewer backup;

6. Sewer services running into creek;7. Sewage running into highly populated ar-

eas such as playgrounds and parks;8. Sewer work in progress over eight hours.

B. Notifications Process.1. Customer Care Emergency Services Cen-

ter employees will make contacts, in the followingorder:

a. Manager responsible for the area wherethe event is occurring, or the on-duty Manager andPublic Communication designee;

b. Water/Wastewater Systems AssessmentDivision Planning Section Manager; if not avail-able, the Water/Wastewater Systems AssessmentDivision Planning Manager;

c. Production Department Systems Con-trol Division;

d. Customer Care Emergency ServicesCenter Manager;

e. Montgomery County Department of theEnvironment;

f. Prince George’s County Health Depart-ment;

g. Maryland Department of the Environ-ment;

h. Fire Board;i. If requested, the designated Claims rep-

resentative;j. Spills notification also includes notify-

ing the Regulatory Services Division Manager.








Facility overflow/spill “Level 2”events.

A. Defined as any nonpermitted discharge ofuntreated or partially treated wastewater greaterthan 10,000 gallons occurring at wastewaterpumping station or plant facility.

B. Notifications Process.1. Production Department Systems Control

Division employees will call, as follows:a. Manager that is responsible for the area

where the event is occurring, or the on-duty Man-ager and Public Communication designee;

b. Deputy General Manager;c. General Manager;d. Water/Wastewater Systems Assessment

Division Planning Section Manager; if not avail-able, the Water/Wastewater Systems AssessmentDivision Planning Manager;

e. Montgomery County Department of theEnvironment;

f. Prince George’s County Health Depart-ment;

g. Maryland Department of the Environ-ment.






15-13

15.175.100

15.175.110

15.175.120

15.175.130





Fire/natural disaster events.A. Defined as any fire or natural disaster at

a WSSC facility or at a facility that will impactWSSC operations.

B. Notifications Process. The Customer CareEmergency Services Center employees will call, inthe following order:

1. Industrial Assets Management Group;2. Production Department Systems Control

Division;3. Security/Safety Services;4. Communications and Community Rela-

tions Office;5. Manager that is responsible for the area

where the event is occurring, or the on-duty Man-ager;

6. Claims Unit designee if major damage orat request of customer or Division Manager;

7. Customer Service Team Director;8. General Manager;9. Deputy General Manager. (Amended dur-

ing 2019 codification; CUS 06-01 § III(E)(6))

Crime/injury/accidents events.A. Defined as crimes involving WSSC employ-

ees, facility serious injury, death of WSSC em-ployee on the job, or serious vehicle accident.


1. Security/Safety Services;2. Communications and Community Rela-

tions Office;3. Office of Secretary/Internal Audit;4. Division Manager or Manager that is re-

sponsible for the area where the event is occurring,or the on-duty Manager;

5. Customer Care Division Manager;6. Customer Service Team Director;7. General Manager;8. Deputy General Manager. (Amended dur-

ing 2019 codification; CUS 06-01 § III(E)(7))

Traffic disruptions “Level 1”events.

A. Defined as county road closures.B. Notifications Process. The Customer Care

Emergency Services Center employees will call, inthe following order:

1. Prince George’s County Department ofPublic Works and Transportation Dispatcher(301-324-2710);

2. General Manager;3. Deputy General Manager. (CUS 06-01

§ III(E)(8))

Traffic disruptions “Level 2”events.

A. Defined as state road closure or multiplelane closure; traffic disruptions impacting schools,metro, and other agencies impacted by road clo-sures.


1. General Manager;2. Deputy General Manager;3. Communications and Community Rela-

tions Office;4. Customer Care Division Manager;5. Prince George’s County Department of

Public Works and Transportation Dispatcher;6. State Roads;7. Fire Board Prince George’s/Fire Board

Montgomery County direct line;8. Mayor or city/town administrator.

(Amended during 2019 codification; CUS 06-01§ III(E)(9))


15-14


tel:301-324-2710

15.190.01015.190.020

15.190.010

15.190.020

15.210.01015.210.02015.210.03015.210.04015.210.05015.210.060

15.210.010

15.210.020

15.210.030

Subtitle III. Security

Chapter 15.190

FIREARMS AUTHORIZATION

Sections:Purpose.Policy.

Purpose.To establish the policy of the WSSC with re-

spect to the carrying of firearms by specified, qual-ified members of the Office of Security Services,in the conduct of their official duties. (GM 91-01)

Policy.A. It shall be the policy of the WSSC that only

specific, qualified members of the Office of Se-curity Services shall carry and use an approvedfirearm while on duty. A firearm shall only be em-ployed to defend themselves or others when no ap-parent alternative from the threat of death or lifethreatening injury exists.

B. In every instance, only the minimum forcenecessary to accomplish the objective shall beused and every other means of defense shall be ex-hausted before a firearm may be unholstered.

C. Written guidelines shall be established con-current with this chapter governing firearms train-ing and qualifications which shall meet or exceedthe minimum training standards established by theMaryland Police and Correctional Training Com-missions. (See General Order 91-01☰, attached.)

D. Written guidelines shall be established togovern the proper wear and use, prohibited use,reporting of discharge or violations, investigationof violations, and care and maintenance of officialfirearms.

E. The Commissioners will be notified of anychanges to the written guidelines described in sub-sections C and D of this section. (GM 91-01)

Subtitle VI. Internal Audit

Chapter 15.210

FRAUD, WASTE, AND ABUSE HOTLINEPOLICY

Sections:Policy statement.Purpose.Authority.Definitions.Roles and responsibilities.Administrative process.

Policy statement.The Washington Suburban Sanitary Commis-

sion (WSSC) prohibits any conduct constitutingfraud, waste, and abuse and expects anyone cov-ered or affected by this policy to report suchknown or suspected activities using its third-party-administered fraud, waste, and abuse hotline. (IA09-02 (Res. 2010-1845) § I)

Purpose.A. This fraud, waste, and abuse hotline policy

is designed to:1. Provide a centralized reporting vehicle for

the WSSC employees and other customers/stake-holders of the Washington Suburban Sanitary Dis-trict (WSSD) to report confidentially (to the extentconsistent with WSSC 15.210.060(E)(4)) sus-pected occurrences of fraud, waste, and abuse,without fear of retaliation; and

2. Clearly outline the responsibilities in con-nection with the reporting of fraud, waste, andabuse allegations.

B. This policy is not intended to be used inlieu of the WSSC employee rights, employee liai-son, or communications policies. Those three poli-cies address individual rights and employee com-plaints, issues, concerns, opinions, ideas, and sug-gestions where confidentiality may not be rele-vant. It is also not intended to be a whistleblowerpolicy. (IA 09-02 (Res. 2010-1845) § II)

Authority.The authority for the adoption of this policy is

granted by the Commission via Resolution Num-



15-15

https://municipal.codes/MD/WSSC/Code/Media/GM9101.pdf#page=3

15.210.040

15.210.050

ber 2010-1845, Fraud, Waste, and Abuse HotlinePolicy. (IA 09-02 (Res. 2010-1845) § III)

Definitions.As defined in the context of this policy are:“Abuse” means any thing that is harmful, in-

jurious, or offensive. Abuse also includes exces-sive and wrongful misuse of anything, includingauthority/power. Examples of abuse include: non-business use of office supplies, bid rigging, pur-chases schemes, and invoice kickbacks.

“Code” means the WSSC Code of Ethics(WSSC Chapter 1.70) as established by ResolutionNumber 2003-1669 and as subsequently amended.

“Commission” means the Washington SuburbanSanitary Commission.

“Fraud” means any act characterized by deceit,concealment, or violation of trust, including butnot limited to acts involving affirmative misrepre-sentation or intentional omission of or failure tostate material facts, knowledge of which would benecessary to make other statements not mislead-ing. These acts are not dependent upon the ap-plication or threat of violence or physical force.Fraud is perpetrated by parties and organizationsto obtain money, property, or services; to avoidpayment or loss of services; or to secure personalor business advantage. These acts include the useof one’s occupation for personal enrichment.Fraud examples include, but are not limited to,misappropriation schemes that steal or misusecompany resources via false invoicing, payrollfraud, skimming, as well as complex financialstatement fraud.

“Good faith report” means a report made withan honest belief, the absence of malice and the ab-sence of design to defraud or to seek an uncon-scionable advantage.

“Governance” means the combination ofprocesses and structures implemented by the Com-missioners in order to inform, direct, manage, andmonitor the activities of the WSSC toward theachievement of its objectives.

“Internal controls” means a process, affected bythe WSSC’s Commissioners, management, andother personnel, designed to provide reasonableassurance regarding the achievement of objectives.

“Internal investigations” means systematic fact-finding inquiries/examinations conducted by per-

sonnel of the WSSC in response to allegations ofWSSC fraud, waste, and abuse.

“Irregularities” means not being or acting in ac-cord with laws, rules, or established custom.

“Risk management” means a process to identify,assess, manage, and control potential events or sit-uations to provide reasonable assurance regardingthe achievement of the WSSC’s objectives.

“Stakeholders” means groups or individualshaving a legitimate interest in the activities of theWSSC, generally comprising customers, employ-ees, the community, suppliers, and lenders.

“Waste” means:1. Resources consumed in excess through in-

efficient, nonessential, or unproductive activities;2. Process or material that does not add value

to a good or service; or3. Material discharged to, deposited in, or

emitted to an environment in such amount or man-ner that causes a harmful change.

“Whistleblower” means an employee who dis-closes information that the employee reasonablybelieves evidences:

1. An abuse of authority, gross mismanage-ment, or gross waste of money;

2. A substantial and specific danger to publichealth or safety; or

3. A violation of law. (IA 09-02 (Res.2010-1845) § IV)

Roles and responsibilities.A. Depending on the nature of the alleged

fraud, waste, or abuse, different groups within theWSSC will have varying responsibilities and rolesfor detecting, reporting, investigating, and correct-ing the alleged irregularity.

B. All Persons. All persons employed by theWSSC, including merit system, contract, part-time, full-time, as well as appointed officials, areexpected to adhere to this policy by reporting in-cidents of suspected fraud, waste, and abuse, andare expected to fully cooperate with investigationof reported allegations of fraud, waste, or abuse.

C. Management is responsible for:1. Ensuring all employees under their super-

vision understand and comply with the provisionsof this policy.

2. Complying with the applicable fraud,waste, and abuse guidelines for specific investi-

15.210.040 FRAUD, WASTE, AND ABUSE HOTLINE POLICY

15-16


15.210.060

gations and handling of documented fraud, waste,and abuse allegations.

3. Working in conjunction with Human Re-sources to ensure training on this policy.

4. Taking corrective/disciplinary action oncethe investigation is complete, and informing theinvestigator of the matter (whether corrective ac-tion has been taken or not).

D. Internal Audit Office (IAO) is responsiblefor:

1. Serving as the primary WSSC contact forthe third-party fraud, waste, and abuse hotlineprovider.

2. Managing the third-party fraud, waste, andabuse hotline provider contract.

3. Assisting in the coordination of investiga-tions with various Commission resources.

4. Coordinating investigations involvingpossible impropriety in matters pertaining toWSSC internal controls, governance, and riskmanagement.

5. Reporting significant frauds and irregular-ities impacting the Commission to the WSSCCommissioners.

6. Adhering to the Institute of Internal Audi-tors’ International Standards for the ProfessionalPractice of Internal Auditing and any relevant lawsapplicable to WSSC employees in overseeing in-vestigations of fraud, waste, and abuse.

7. Conducting follow-up reviews to ensurethat corrective action has been implemented,where applicable.

8. Reviewing for risk-mitigation sufficiency,reported corrective actions taken to rectify any ac-tual fraud, waste, or abuse identified, where appro-priate.

E. WSSC Police Department/InvestigationUnit. The WSSC Police Department/InvestigationUnit is responsible for handling all criminal mat-ters pertaining to this policy, including participat-ing in investigations and making appropriate refer-rals.

F. Human Resources Office (HRO) is responsi-ble for:

1. Ensuring consistency in discipline andcompliance with applicable laws and collectivebargaining agreements.

2. Providing management support and ap-propriate review for fraud, waste, and abuse inves-

tigations involving employee and labor relations,substance abuse, wage/hour issues, and personnelpolicy issues.

G. Fair Practice Office (FPO). The FPO willbe utilized for fraud, waste, and abuse investiga-tions concerning alleged violations of equal em-ployment opportunity (EEO) laws, workplace ha-rassment, or retaliation.

H. General Counsel’s Office (GCO) is respon-sible for:

1. Advising and assisting all investigativeparties on legal matters and the conduct of inves-tigations involving matters of potential unlawful(criminal, civil, or regulatory) activity.

2. Reviewing recommendations for correc-tive action to ensure compliance with applicablelaws, including discrimination and other employ-ment laws.

3. Working with applicable management todetermine the need for notification of authoritiesoutside of WSSC.

4. Offering guidance on matters qualifyingas “attorney/client privilege.”

I. Safety Office. The WSSC Safety Office willbe responsible for assisting with investigationsinto employee allegations involving unsafe workpractices, conditions, and concerns.

J. Board of Ethics. Investigations concerningalleged violations of the WSSC Code of Ethics(WSSC Chapter 1.70) may be resolved by Com-mission management in accordance with thischapter or may be referred to the Board of Ethics.

K. Third-Party Hotline Provider. A third-partyhotline provider will be responsible for maintain-ing the WSSC fraud, waste, and abuse hotline, aswell as the other contractual obligations specifiedin the related hotline provider contract. (IA 09-02(Res. 2010-1845) § V)

Administrative process.A. Fraud, Waste, and Abuse Hotline (Hotline).

1. All WSSC employees and nonemployeestakeholders are encouraged to make a good faithreport of any improper activities, violations and/orother suspected incidents of wrongdoing using ourthird-party-serviced 24 hours/seven days per weekWSSC fraud, waste, and abuse hotline via tele-phone, email, fax, other written correspondence,or Internet (website).



15-17

2. The facts reported are to be stated withas much specific information as possible so thatthe allegations can be adequately investigated. Thereporting individual should not speculate or drawconclusions and should be prepared for possiblequestioning by interview specialists and/or inves-tigators.

3. Under no circumstances shall anyone di-rectly or indirectly interfere with a hotline investi-gation, or induce or coerce others not to cooperatewith investigators. Any attempt to directly or indi-rectly interfere with a hotline investigation is alsoprohibited and is subject to appropriate discipli-nary action up to and including discharge.

B. False Reports. Any intentional filing of falsereports and/or false allegations is considered im-proper activity and is grounds for disciplinary ac-tion in accordance with the WSSC personnel pol-icy (if reported by a WSSC employee.)

C. Good Faith Reports. If investigators con-clude there is reasonable belief by the reportingindividual of improper activity, violations and/orsuspected wrongdoings, and the reporting individ-ual made a good faith report, then the reporting in-dividual shall not be liable for filing a false reportif his or her allegations are not substantiated.

D. Nonretaliation.1. WSSC will not tolerate acts of retaliation

against employees for good faith reporting and/ordisclosure of alleged improper activities, viola-tions, or other suspected wrongdoings whether ornot such activity results in a finding of fraud,waste, or abuse of WSSC assets. Retaliation in-cludes discipline, termination, demotion, suspen-sion, threats and/or harassment.

2. Efforts will be taken to protect the report-ing WSSC employee from any retaliation. If aWSSC employee believes retaliation occurred, theFair Practice Office will be notified to investigatethe allegation(s). If allegations are confirmed, theWSSC will take the appropriate action.

E. Investigations.1. Investigations are not limited to the afore-

mentioned parties identified in WSSC 15.210.050,Roles and responsibilities. The primary investiga-tive party and supporting investigative party willvary depending on the circumstances underlyingthe investigation.

2. Upon receipt of an incident report, a third-party hotline interview specialist will commenceto gather relevant facts. After incident reports arereviewed for quality assurance, they will be auto-matically disseminated to the recipients designatedby the WSSC.

3. Based on the information disseminated,the action warranted may include investigativework by a combination of resources outlinedabove. However, information sharing will only bedone on a legitimate need-to-know basis with rel-evant parties, including external law enforcementofficials.

4. To the extent possible within the limita-tions of law, policy, and the need to conduct acompetent investigation, an effort will be madeto maintain confidentiality; however, it is possiblethat the identity of the reporting individual and thatof the alleged violator may become known for rea-sons outside of the control of the investigator(s)and/or the WSSC.

5. The details about the reporting mecha-nisms used, review and investigation of allegationsand handling of outcomes is available in the re-lated WSSC Fraud, Waste, and Abuse Hotline Op-erations Manual and Investigation Guidelines.

F. Reporting Internal Investigations.1. At least quarterly, all WSSC primary in-

vestigators performing fraud, waste, and abuse in-vestigations in accordance with the aforemen-tioned guidelines are to report investigation resultsto the Internal Auditor.

2. Summary reports that analyze incidentsand hotline activity, including the results of all on-going investigations, will be provided to manage-ment, the General Manager, and/or WSSC Com-missioners, as appropriate for oversight responsi-bilities. (IA 09-02 (Res. 2010-1845) § VI)

15.210.060 FRAUD, WASTE, AND ABUSE HOTLINE POLICY

15-18


Page

A-1

B-1

Tables

State Code Citation Table

Table of Regulations

Tables-1


This table lists Code of Maryland and Code of Maryland Regulations sections that are cited in theWSSC Code of Regulations. Thus, Environment Article, § 4-105, Annotated Code of Maryland, is citedin WSSC 11.30.030.

State Citation Code Section

Md. Code, Envir., § 4-105 11.30.030

Md. Code, Gen. Prov.,§ 3-101 et seq.

1.15.040

1.65.030

Md. Code, Gen. Prov.,§ 3-103

1.15.050


1.15.300


1.15.250


2.40.020

2.40.030


1.70.350


1.70.350


1.70.420


1.70.420


1.70.420


1.15.380


1.15.400

Md. Code, Local Gov't,§ 17-204

5.105.040

Md. Code, Local Gov't,§ 17-205

5.105.030

Md. Code, Nat. Res.,§ 5-1605

11.30.040

Md. Code, Nat. Res., § 8-101 11.30.020

Md. Code, Nat. Res.,§ 8-1807

11.30.020


Md. Code, Pub. Safety,§ 3-501

13.80.050

Md. Code, Pub. Util.,§ 16-101 et seq.

1.15.010

Md. Code, Pub. Util.,§ 17-101

1.15.350


1.15.020


1.15.350


1.15.310

1.15.340


14.05.070


1.10.020

1.55.030

1.75.040

2.05.070

2.35.020

2.40.020

3.15.040

3.20.050

3.25.020

5.65.020

5.85.050

5.90.060

5.95.050

6.15.010

6.15.070

6.30.300

6.35.290

9.170.030

11.30.030

WSSC CODE OF REGULATIONS State Code Citation Table

A-1

https://municipal.codes/MD/Code/GEN/4-105




















































13.80.030

14.10.030

Md. Code, Pub. Util.,§ 17-403(a)(1)

5.105.040

Md. Code, Pub. Util.,§ 17-403(a)(2)(i)

14.05.070

15.160.040

15.165.040

Md. Code, Pub. Util.,§ 17-403(b)

1.15.420


3.10.010

3.10.020

Md. Code, Pub. Util.,§ 18-106(b)(2)

1.15.030


2.35.030

Md. Code, Pub. Util.,§ 20-101 – Md. Code, Pub.Util., § 20-106

6.15.410


6.15.510

6.15.520


6.15.140


6.30.010

6.30.020


6.30.010

6.30.020

Md. Code, Pub. Util.,§ 20-204(b)(10)

6.30.030

Md. Code, Pub. Util.,§ 20-204(c)

6.30.240


6.30.050

Md. Code, Pub. Util.,§ 20-304(d)

6.35.020


13.80.030


5.85.050



3.25.020


5.90.020


2.35.030


3.15.030

5.85.040

5.90.050

Md. Code, Pub. Util.,§ 25-201 – Md. Code, Pub.Util., § 25-214

5.65.020


5.65.030

Md. Code, Pub. Util.,§ 25-203(b)(2)

5.65.430


5.90.010

5.90.060


5.90.030


5.90.050

5.95.050

Md. Code, Pub. Util.,§ 25-405(d)

5.95.030


3.25.020


3.25.020


3.25.020


3.25.020

Md. Code, Pub. Util.,§ 25-504(e)

3.20.030


3.20.030

3.25.120

Md. Code, Pub. Util.,§ 25-507(c)

3.25.120


A-2















































































11.30.030

11.30.100

14.05.070


14.05.070

Md. Code, Pub. Util.,§ 29-103(h)

14.05.070


14.05.070

Md. Code, State Fin. andProc., § 6-222

5.105.030


1.70.310


1.70.280


6.05.020

6.35.030

6.35.040


6.30.030

6.35.030

Md. Code, State Fin. andProc., § 14-303(b)

6.30.240


6.30.270

6.35.240


1.70.280


6.15.480


6.15.480

Md. Code, State Gov’t,§ 10-101(g)

6.15.070

Md. Code, State Gov’t,§ 10-201 – Md. Code, StateGov’t, § 10-226

2.35.040

Md. Code, State Gov’t,§ 10-201 et seq.

2.35.010

Md. Code, State Gov’t,§ 10-216

2.35.070



2.35.080


1.70.080


3.05.030

9.30.110


1.65.030

Md. Code, State Gov’t,§ 10-618(j)(2)

1.10.010

1.10.020


1.15.390

Md. Code, State Pers. &Pens., § 4-401

2.35.030

COMAR 19A.02.01 1.70.180

COMAR 21.11.01.04 6.35.030

COMAR 26.17.01 11.30.050

11.30.060

COMAR 26.17.01.01 11.30.020

COMAR 26.17.01.03 11.30.010

WSSC CODE OF REGULATIONS State Code Citation Table

A-3





















































https://municipal.codes/MD/COMAR/19A.02.01






This table lists all codified regulations alphabetically by document description. The date shown is theeffective date.

Number Date Description and DispositionSEC 12-01 6/25/2012 Access to sensitive engineering records (1.10)PD 98-01 3/1/1998 Acquisition of on-site water/sewer systems (13.05)PD 2000-01 3/17/2000 Addition, deletion, or revision of computer aided design and

drafting (CADD) standards (11.110)CUS 10-01 7/1/2010 Adjustment and correction of water/sewer bills (Superseded by

REG-CUM-CC-2018)REG-CUM-CC-2018 3/1/2018 Adjustment and correction of water/sewer bills; supersedes CUS

10-01 (3.20)CON 95-03 1/3/1995 Administering releases for service (11.150)IT 00-01 3/16/2000 Antennas on Commission structures (13.10)IA 06-02 4/26/2006 Appointment of Board of Ethics members (1.60)REG-HRM-HR-2014-005 10/31/2014 Background investigations (9.170)CUS 99-02 1/1/2000 Billing and collecting water/sewer use charges and related fees

(3.25)Res. 2006-0001 5/11/2006 Board of Ethics rules of procedure (1.65)— 5/16/2012 Bylaws, rules, and regulations (1.15)ACQ 10-01 6/1/2010 Centralized bidder registration (CBR) procedures (6.05)Res. 2003-1669 11/1/2003 Code of ethics (1.70)Res. 2006-1747 3/3/2006 Code of ethics (1.70)Res. 2007-1779 8/1/2007 Code of ethics (1.70)Res. 2010-1842 12/1/2009 Code of ethics (1.70)Res. 2011-1901 3/3/2011 Code of ethics (1.70)Res. 2011-1925 8/15/2011 Code of ethics (1.70)Res. 2012-1942 1/15/2012 Code of ethics (1.70)Res. 2012-1943 1/15/2012 Code of ethics (1.70)Res. 2016-2112 4/1/2016 Code of ethics (1.70)COMM 06-02 9/20/2006 Community/charitable sponsorships (2.05)CUS 07-11 3/19/2007 Comprehensive collection system and maintenance plan – new

sewer design and construction (11.115)HR Policy 3:18 10/1/2010 Comprehensive whistleblower protection (9.30)REG-REGS-EC-2014-004 7/1/2014 Cross-connection control program (CCP) (14.10)REG-FIN-FI-2015-002 6/28/2015 Debt policy (5.15)— 7/1/2015 Development services code (11.155)WOD 90-02 5/1/1990 Emergency water use restrictions for the Bowie Pressure Zone

(15.160)WOD 90-01 5/1/1990 Emergency water use restrictions for the Montgomery County

high and dependent zones (15.165)REG-HRM-HR-2014-006 1/30/2015 Employment procedures (9.180)CUS 07-09 3/19/2007 Fats, oils and grease program (14.15)M&O 92-01 5/21/1992 Fire hydrant meter lease program (3.45)GM 91-01 6/12/1991 Firearms authorization (15.190)IA 09-02 (Res. 2010-1845) 6/1/2010 Fraud, waste, and abuse hotline policy (15.210)CUS 06-03 3/20/2006 Hearing procedures for customer refund claims (3.05)

WSSC CODE OF REGULATIONS Table of Regulations

B-1

Number Date Description and DispositionGM 94-01 11/16/1994 Host community mitigation for WSSC projects (2.10)GMO 09-01 5/1/2009 Identity theft prevention program (10.20)— 4/22/2013 Industrial discharge control program enforcement response plan

(14.05)CON 95-05 5/1/1995 Investigation of violations pertaining to fats, oil and grease

discharges (14.20)W 8.0 4/15/1991 Leak on property (3.50)FIN-FI-2016-012 12/31/2016 Local business investment and growth (BIG) program

(Superseded by FIN-FI-2018)FIN-FI-2018 3/5/2018 Local business investment and growth (BIG) program;

supersedes FIN-FI-2016-012 (5.105)M 93-03 6/15/1993 Maintenance procedures for sewer grinder pumps (3.55)Design Guideline DG-08 8/2006 Mechanical and electrical design guidelines for low-flow

wastewater pumping stations using submersible nonclog pumpsor submersible grinder pumps (11.120)

28-ME-DG-02 1/1984 Mechanical and electrical design guidelines for water boosterpumping stations (11.125)

CUS 11-01 12/31/2011 Method for billing certain multi-unit properties (3.25)MBE 11-01 5/1/2011 Minority business enterprise (MBE) program (Superseded by

REG-PROC-SD-2017-004)REG-PROC-SD-2017-004 4/24/2017 Minority business enterprise (MBE) program (6.30)CUS 06-01 7/12/2006 Notification of significant events (15.175)— 3/2015 Pipeline design manual (11.130)— 7/1/2015 Plumbing and fuel gas code (14.25)REG-LGS-GC-2014-002 6/28/2014 Procedure for adjudicatory hearings (2.35)PD 93-01 7/1/1993 Procedure for determining percent growth for CIP projects

(11.10)REG-PRM-LO-2014-001 1/19/2014 Procedure for disposition of scrap metal and surplus goods

(13.80)ENG 86-01 3/4/1986 Procedure for enforcing erosion and sediment control permit

violations for WSSC utility contractors (11.15)CUS 08-01 4/15/2008 Procedure for resolving water and sewer claims (3.10)— 6/30/2017 Procedures for innovation and research (1.27)GM 08-01 1/27/2008 Procedures for issuing State of Maryland uniform civil citations

(2.15)PD 90-01 2/7/1990 Procedures for issuing WSSC construction permits (11.135)L 76-01 7/14/1976 Procedures for transfer of authorizations (11.160)— 8/1/2012 Procurement regulations (6.15)— 10/1998 Property assessments manual (5.65)IA 06-01 1/18/2006 Public review of employee financial disclosure statements

(1.75)ADM 92-04 4/1/1992 Public use of Consolidated Office Building facilities (13.35)ENG 09-03 12/1/2009 Refund of fees or charges associated with the system extension

permit (developer built) process (5.85)REG-ADM-CS-2013-002 10/1/2013 Reimbursement of expenses for volunteer board members (1.55)L 07-01 7/1/2007 Requests for WSSC records under the Maryland Public

Information Act (2.40)CUS 12-01 4/1/2012 Resolving customer complaints: unpaid water/sewer bills (3.15)


B-2

Number Date Description and DispositionW 5.0 S 3.0 6/4/1997 Right-of-way taps (11.25)IFSM-EC-2016-004 6/15/2016 SDC credits and reimbursements (5.95)SLBE 12-01 8/26/2011 Small local business enterprise (SLBE) program (Superseded by

REG-PROC-SD-2017-005)REG-PROC-SD-2017-005 4/24/2017 Small local business enterprise (SLBE) program; supersedes

SLBE 12-01 (6.35)C 79-02 9/10/1979 Standard procedure for pipeline “as-builts” (11.145)— 11/9/2015 Supplier guide for supplier registration and solicitation access

(6.25)CUS 98-01 7/1/1998 System development charge levy and collection (5.90)REG-IFSM-EC-2016-007 11/1/2016 Use of the sewer model in conjunction with Phase 1 hydraulic

planning analyses (11.165)REG-WWM-PR-2301-001 8/4/2011 Use regulations for the Triadelphia and T. Howard Duckett

watersheds (13.45)REG-IFSM-EC-2014-002 3/30/2014 Utility erosion and sediment control regulation (11.30)ADM 3.0 10/23/1998 Utility worker trainee certification program (9.165)— 4/8/1996 Water and sewer authorization process manual (11.170)W 19.0 11/14/1999 Water main – out of service procedures (3.60)WOD 82-05 5/6/1982 Water pumping station piping color code (11.125)

WSSC CODE OF REGULATIONS Table of Regulations

B-3

Index Preface

The index to the code is primarily for assisting the code user to find provisions not readily accessible throughthe table of contents. An index entry has been created for each section of the code. Additional entries havebeen made for the following topics:

Bond. When a bond is required for a particular enterprise, a separate entry in theindex has been created under Bonds.

Fee. Any section requiring the payment of a fee is also indexed under Fees.

License. Any section requiring a license is also indexed under Licenses.

Permit. Any section requiring a permit is also indexed under Permits.

Cross-References

Cross-references have been included to assist the user in finding code provisions indexed under another head-ing. If the index does not appear to list a topic, the code may not regulate the provision. The following kindsof cross-references appear in the index:

Entry Purpose/Description

Weeds See Nuisances Specific nuisances are indexed underNuisances.

See also Zoning Additional entries on the subject mayappear in Zoning.

Airport See Zoning The entry for Airport appears as asubheading under Zoning.

Animal control officer See under Animal The entry appears as a subheading under adifferent heading.

See also definitions under Charactergenerators

There are additional, and related, entriesunder a separate subheading under thesame main heading.

Cafe See Cabaret No entry for Cafe, but refers user to arelated subject.

A web version of the code may be available. Visit https://www.codebook.com/listing/.

CODE PUBLISHING COMPANYSeattle, Washington

(206) [email protected]

www.codebook.com

https://www.codebook.com/listing/

tel:206-527-6831


http://www.codebook.com/

WSSC CODE OF REGULATIONS Code of ethics

Index-1

– A –

Adjudicatory hearing procedureAuthority 2.35.020Conducted by commissioners 2.35.070Definitions

adjudicatory hearing 2.35.040Administrative Procedure Act (APA) 2.35.040commission 2.35.040commissioner 2.35.040hearing officer 2.35.040requester 2.35.040WSSC 2.35.040

Disclaimer, rescheduling 2.35.090Hearing officer decisions 2.35.060Procedures 2.35.050Purpose 2.35.010Record 2.35.080Scope, applicability 2.35.030

– B –

Board of ethicsSee also Code of ethicsAppointment

authority 1.60.040definitions

board of ethics 1.60.020chairperson 1.60.020removal of a board member 1.60.020search committee 1.60.020terms of office 1.60.020

procedures 1.60.030purpose 1.60.010

Rules of procedureadvisory opinions 1.65.050amendment 1.65.090complaints 1.65.070definitions

alternate board member 1.65.020board members 1.65.020board of ethics (or board) 1.65.020code of ethics (or code) 1.65.020commissioner 1.65.020counsel 1.65.020employee 1.65.020voting board member 1.65.020

intent 1.65.010lobbyist disclosures, public review 1.65.080meetings 1.65.030record keeping 1.65.040waiver requests 1.65.060

– C –

CIP projects, percent growth determinationProcedure, methodology 11.10.020Purpose, applicability 11.10.010

Civil citations issuance proceduresAuthority 2.15.030Definitions

authorized designee 2.15.020authorized personnel 2.15.020

Procedures 2.15.040Purpose 2.15.010

Code of ethicsBoard of ethics

advisory opinions 1.70.060annual report 1.70.140created, authority 1.70.040waivers 1.70.070

Complaintconfidentiality 1.70.110disposition 1.70.090filing, hearing 1.70.080judicial review 1.70.100referral to prosecuting authority 1.70.120

Conflicts of interestannual statement 1.70.230confidential information, disclosure 1.70.210gifts, soliciting, accepting 1.70.220misuse of office, harassment, improper influence

1.70.200restrictions

employee participation 1.70.170former commissioners, employees 1.70.190other employment, financial interests 1.70.180

Definitionsboard 1.70.030business 1.70.030commission 1.70.030commissioner 1.70.030compensation 1.70.030doing business with WSSC 1.70.030employ 1.70.030employee 1.70.030employer 1.70.030employment 1.70.030entity 1.70.030financial interest 1.70.030gift 1.70.030honorarium 1.70.030immediate family 1.70.030interest 1.70.030lobbying 1.70.030member of household 1.70.030participate 1.70.030

Commission bylaws, rules, regulations

Index-2

person 1.70.030qualifying relative 1.70.030significant other 1.70.030WSSC 1.70.030year 1.70.030

Document retention 1.70.130Entities doing business with WSSC, listing 1.70.150Ethics officer 1.70.050Ethics training 1.70.160Financial disclosure statements

contents 1.70.350execution, where to file, use 1.70.360filing deadline 1.70.340public records 1.70.370public review

authority 1.75.040policy 1.75.020procedure 1.75.030purpose 1.75.010

who must file 1.70.330Lobbying disclosure

authority 1.70.400compensation contingency 1.70.410how, when to register 1.70.390registration documents, public inspection

1.70.430reports to board 1.70.420who must register, exceptions 1.70.380

Policy 1.70.020Public contracting

consultants, affidavits 1.70.280contingent fees 1.70.300contractor conduct 1.70.260illegal gifts, kickbacks 1.70.250penalties 1.70.320procurement information disclosure 1.70.290procurement, participation 1.70.270reporting suspected collusion, fraud 1.70.240violation, remedies 1.70.310

Purpose, scope 1.70.010Commission bylaws, rules, regulations

Bylaws amendment, suspensionmethod 1.15.410notice 1.15.420temporary suspension 1.15.430

Chairannual election 1.15.310appointments 1.15.330duties 1.15.320

Commissionersappointment, responsibilities 1.15.350duties 1.15.360

Emergency actionchair, vice chair authority 1.15.160

constitutes official action 1.15.170official emergency action defined 1.15.150recording 1.15.180

Established, statutory basis 1.15.010Lobbying activity reports

See also Code of ethicscode of ethics applicability 1.15.380financial disclosure filing

counties 1.15.390state 1.15.400

Meetingsagendas

distribution 1.15.200modification 1.15.230preparation 1.15.190publication 1.15.210to be followed 1.15.220

definitionsmeeting 1.15.050quorum 1.15.060

location, schedule, recordings 1.15.070notice 1.15.100open session 1.15.040other, nonemergency 1.15.090procedures

closed 1.15.250minutes 1.15.290motion to reconsider 1.15.280open 1.15.240recording votes 1.15.270rules of conduct 1.15.300voting method 1.15.260

telephone 1.15.080Members 1.15.020Official action

majority votebasis for official action 1.15.120defined 1.15.110

personal opinion distinguished from 1.15.140without vote 1.15.130

Staff 1.15.030Temporary chair 1.15.370Vice chair 1.15.340

Community, charitable sponsorshipsAllowable expenditures 2.05.030Approval 2.05.050Authority 2.05.070Exclusions 2.05.060Expenditure limits 2.05.040Policy 2.05.020Purpose 2.05.010

Construction managementErosion, sediment control permit compliance

background 11.15.020

WSSC CODE OF REGULATIONS Customer management

Index-3

definitionschange order 11.15.030field order 11.15.030utility erosion and sediment control permit

11.15.030utility erosion and sediment control plan

11.15.030violation notice 11.15.030


Right-of-way tapsprocedure 11.25.020purpose 11.25.010

Utility erosion, sediment controlapplicability 11.30.040authority 11.30.030definitions

access roads 11.30.020applicant 11.30.020authorized inspection agency 11.30.020best management practices (BMP) 11.30.020clear, clearing 11.30.020commission 11.30.020critical area 11.30.020department 11.30.020department of permitting services 11.30.020district 11.30.020drainage area 11.30.020enforcement official 11.30.020erosion 11.30.020erosion and sediment control 11.30.020erosion and sediment control plan 11.30.020exemption 11.30.020federal project 11.30.020floodplain 11.30.020grade, grading 11.30.020land disturbance 11.30.020major utility construction 11.30.020minor utility construction 11.30.020permit 11.30.020permittee 11.30.020person 11.30.020project 11.30.020repeated infraction 11.30.020responsible person 11.30.020sediment 11.30.020site 11.30.020special protection area (SPA) 11.30.020stabilization 11.30.020standards and specifications 11.30.020state project 11.30.020stockpile areas 11.30.020upper Patuxent River watershed 11.30.020utility 11.30.020

utility construction 11.30.020variance 11.30.020waterway 11.30.020

enforcement 11.30.080inspections 11.30.070penalties, appeals 11.30.100permits 11.30.060plans 11.30.050purpose 11.30.010severability 11.30.090

Customer managementBilling, collection

accounteach connection 3.25.040more than one connection 3.25.060

account maintenance fee 3.25.170appeals 3.25.220authority 3.25.020courtesy call 3.25.260customer bankruptcy filing 3.25.290due when, late fees 3.25.140estimated when 3.25.130exemptions, special rates 3.25.120frequency 3.25.080general procedures 3.25.030help, needy customers 3.25.210maintenance, temporary service 3.25.240meter testing 3.25.230meter, each connection 3.25.050multi-unit properties

commercial unit defined 3.25.100high-flow commercial unit defined 3.25.100method generally 3.25.100mixed-use multi-unit property defined

3.25.100multi-unit commercial property defined

3.25.100multi-unit residential property defined

3.25.100not-for-profit unit defined 3.25.100residential unit defined 3.25.100residential, multiple connections 3.25.110

overdue bill, notice 3.25.250purpose 3.25.010rate structure 3.25.090returned check 3.25.150service

restoration 3.25.280turn-off 3.25.270

sewer use billed based on water use 3.25.070sewer-only accounts 3.25.200sub-meters 3.25.160tenant billing, owner responsible 3.25.180water-only accounts 3.25.190

Debt policy

Index-4

Fire hydrant meter lease programpolicy 3.45.010procedures 3.45.020

Leak on propertyprocedure 3.50.020purpose 3.50.010

Refund claims, hearing proceduresauthority 3.05.040definitions

commissioner 3.05.020corporate secretary 3.05.020customer care team representative 3.05.020refund hearing board (RHB) 3.05.020


Sewer grinder pump maintenanceprocedure 3.55.030purpose 3.55.010responsibility 3.55.020

Unpaid water, sewer bills dispute resolutionSee also Water, sewer bills adjustment, correctionauthority 3.15.040dispute resolving board 3.15.020procedure 3.15.030purpose 3.15.010

Water main out of service procedurespurpose 3.60.010radio room 3.60.030systems maintenance 3.60.020

Water, sewer bills adjustment, correctionSee also Unpaid water, sewer bills dispute

resolutionadjustment types 3.20.030approval 3.20.050authority 3.20.060correction types 3.20.040definitions

average daily consumption (ADC) 3.20.020comparable average daily consumption

3.20.020current ADC 3.20.020multi-unit commercial property 3.20.020multi-unit residential property 3.20.020over-registering meter 3.20.020single-unit commercial property 3.20.020single-unit residential property 3.20.020under-registering meter 3.20.020vandalism 3.20.020

purpose 3.20.010Water, sewer claims, procedures

definitionsactual cash value 3.10.020bodily injury 3.10.020depreciation 3.10.020

liability 3.10.020motor vehicle accident 3.10.020no fault 3.10.020personal property 3.10.020real property 3.10.020replacement cost 3.10.020

dispute resolving committee 3.10.040exceptions 3.10.050property damage claims disposition 3.10.030purpose 3.10.010

– D –

Debt policyAdministration, implementation 5.15.080Authority 5.15.030Debt issuance defined 5.15.020Introduction, background 5.15.040Issuance 5.15.060Management 5.15.070Purpose 5.15.010Regulatory guidelines 5.15.050

– E –

Emergency managementEmergency water use restrictions

Bowie pressure zoneaffected area 15.160.020authority 15.160.040background 15.160.030implementation 15.160.070level I restrictions 15.160.080level II restrictions 15.160.090notification 15.160.060purpose 15.160.010restriction levels 15.160.050

Montgomery County high, dependent zonesaffected area 15.165.020authority 15.165.040background 15.165.030implementation 15.165.070level I restrictions 15.165.080level II restrictions 15.165.090notification 15.165.060purpose 15.165.010restriction levels 15.165.050

Significant events, notificationcrime, injury, accidents 15.175.110facility overflow, spill, level 2 events 15.175.090fire, natural disaster 15.175.100forms 15.175.020procedures 15.175.030purpose 15.175.010

WSSC CODE OF REGULATIONS Engineering, design, review

Index-5

responsibility, generally 15.175.040sewer, spills

level 1 events 15.175.070level 2 events 15.175.080

traffic disruptionslevel 1 events 15.175.120level 2 events 15.175.130

water main breaklevel 1 events 15.175.050level 2 events 15.175.060

Engineering, design, reviewComputer aided design and drafting (CADD)

standardsaccess 11.110.040definitions

computer aided design and drafting (CADD) 11.110.030

computer aided design and drafting (CADD) standards 11.110.030

external users 11.110.030internal users 11.110.030

policy 11.110.020procedure 11.110.050purpose 11.110.010

Construction permit issuancedefinitions

abandonment 11.135.020account numbers 11.135.020as-built drawing 11.135.020construction inspection 11.135.020construction permit 11.135.020insurance 11.135.020operating agreement 11.135.020permit fee 11.135.020permit number 11.135.020permittee 11.135.020project coordinator 11.135.020rights-of-way 11.135.020SO 11.135.020turnkey project 11.135.020WO 11.135.020


Low-flow wastewater pumping stationsabove-grade cabinet construction 11.120.460access 11.120.040air analyzer system 11.120.510attached drawings 11.120.015controls, instrumentation

alarms, indications 11.120.350cabinet 11.120.330functional requirements 11.120.300general 11.120.290

installation, ultrasonic level transducer 11.120.340

operation sequence 11.120.310supervisory control and data acquisition

(SCADA) system 11.120.360ultrasonic level transducer, transmitter

11.120.320design 11.120.020electrical service, distribution

conduits, wiring, enclosures 11.120.280power company, interfacing with 11.120.250power company, metering 11.120.260power distribution 11.120.270power supply reliability 11.120.240voltage 11.120.230

flow metering system 11.120.450general arrangement 11.120.030introduction 11.120.010lighting 11.120.490noise control 11.120.480painting 11.120.470safety

fire extinguisher 11.120.210first aid kit 11.120.220

standby generatorautomatic transfer switch 11.120.430control panel 11.120.420equipment 11.120.380exhaust system 11.120.400fuel oil system 11.120.390sizing 11.120.370starting system 11.120.410

telephone service 11.120.500valve vault

construction 11.120.160electrical equipment, lighting 11.120.200equipment 11.120.180general 11.120.150heating, ventilation 11.120.190overall size 11.120.170

water service 11.120.440wetwell

access 11.120.070construction 11.120.050electrical equipment, lighting 11.120.140heating, ventilation 11.120.120isolation valve 11.120.080odor control 11.120.130platform, grating 11.120.100pump units 11.120.110screen 11.120.090size 11.120.060

Fees

Index-6

Pipeline as-builtsdefinitions

as-built drawings 11.145.020contractor’s as-builts 11.145.020in-house as-builts 11.145.020


Pipeline design manual 11.130.010Water booster pumping stations

access 11.125.060attached drawings 11.125.020capacity 11.125.030chlorination facilities 11.125.440controls, instrumentation

booster stations, in-line 11.125.310booster stations, with pumped storage

11.125.320communications 11.125.340control voltage 11.125.390functional requirements 11.125.350general 11.125.300indications, status, abnormalities 11.125.400instrumentation 11.125.410operation sequence 11.125.360pressure sensor locations, vault 11.125.330protection 11.125.380pump sequence selection 11.125.370telemetering system 11.125.420

drainage 11.125.450electrical service, distribution

power company interphasing 11.125.280power company metering 11.125.270power distribution 11.125.290power supply reliability 11.125.250standby generator 11.125.260utilization voltage 11.125.240

flow metering 11.125.430heating, ventilation

chlorine room ventilation 11.125.230general 11.125.200heating 11.125.220ventilation 11.125.210

hose bibs, telephone 11.125.510interior arrangement 11.125.050introduction 11.125.010lighting 11.125.500motors 11.125.080noise control 11.125.490painting 11.125.480piping, valves

cavitation 11.125.130exterior 11.125.160piping color code 11.125.170piping generally 11.125.110

surge analysis 11.125.140valve orientation 11.125.150valves generally 11.125.120

pump selection 11.125.100pumps 11.125.070reliability 11.125.040restroom facilities, wastewater 11.125.460safety

fire extinguishers 11.125.180first aid kit 11.125.190

security 11.125.470spare parts, special tools 11.125.090

– F –

FeesConsolidated office building, public use 13.35.040Records request 2.40.170

Financial management See Billed work system, maintenance; Debt policy; Property assessments manual; Systems development charge

Firearms authorizationPolicy 15.190.020Purpose 15.190.010

Fraud, waste, abuse hotlineAdministrative process 15.210.060Authority 15.210.030Definitions

abuse 15.210.040code 15.210.040commission 15.210.040fraud 15.210.040good faith report 15.210.040governance 15.210.040internal controls 15.210.040internal investigations 15.210.040irregularities 15.210.040risk management 15.210.040stakeholders 15.210.040waste 15.210.040whistleblower 15.210.040

Policy 15.210.010Purpose 15.210.020Roles, responsibilities 15.210.050

Front foot benefit charges See Property assessments manual

– H –

Host community mitigationBackground 2.10.010Conclusion 2.10.050Dispute resolution 2.10.040Limits 2.10.030

WSSC CODE OF REGULATIONS Personnel management

Index-7

Policy 2.10.020

– I –

Identity theft preventionDefinitions

challenge 10.20.020challenge questions 10.20.020consumer report 10.20.020covered account 10.20.020creditor 10.20.020customer information 10.20.020identity theft 10.20.020personal identifiable information (PII) 10.20.020red flag 10.20.020response 10.20.020

Detection, prevention, mitigation 10.20.060Identifying red flags 10.20.050PII

disposal 10.20.110security, protection 10.20.090

Policyobjective 10.20.030statement 10.20.040

Programadministration 10.20.080updating 10.20.070

Service provider oversight 10.20.100Summary 10.20.010

Industrial discharge control programAcronym glossary

BOD 14.05.020CFR 14.05.020EAS 14.05.020ERP 14.05.020IU 14.05.020MDE 14.05.020NOV 14.05.020NPDES 14.05.020POTW 14.05.020SIU 14.05.020SNC 14.05.020TRC 14.05.020TSS 14.05.020VioLog 14.05.020VOA 14.05.020WSSC 14.05.020WWTP 14.05.020

Introduction 14.05.010Investigating, assessing compliance

data, reports 14.05.040scheduling, criteria, methods 14.05.030tracking status 14.05.050

Noncompliance, response

additional enforcement action 14.05.070documenting 14.05.060enforcement response guide 14.05.080

Infrastructure management See CIP projects, percent growth determination; Construction management; Engineering, design, review; New sewer design, construction; Water, sewer service authorization

Investments, loansLocal business investment and growth (BIG)

programauthority 5.105.030definitions

Certificate of Deposit Account Registry Service (CDARS) 5.105.020

community bank 5.105.020local business 5.105.020North American Industry Classification

System (NAICS) 5.105.020procedure 5.105.040purpose 5.105.010

– N –

New sewer design, constructionAppendices 11.115.050Consent decree requirements 11.115.040Procedures 11.115.030Purpose 11.115.010Scope 11.115.020

– P –

Personnel managementUtility worker trainee certification program

procedure 9.165.030purpose 9.165.010responsibility 9.165.020

Whistleblower protectionappeals 9.30.110applicability 9.30.020confidentiality 9.30.150costs, attorney’s fees 9.30.120effect 9.30.030grievance proceeding 9.30.100information disclosure, reprisal prohibited

9.30.050internal complaint, remedial actions 9.30.090procedure options 9.30.070protected disclosures 9.30.060protected information disclosure to Attorney

General 9.30.140purpose 9.30.010

Plumbing, gas fitting

Index-8

representation, decision finality, complaint resolution 9.30.080

suspected criminal conduct, referral 9.30.130written notice, protections, remedies 9.30.040

Plumbing, gas fittingCross-connection control program (CCP)


contamination 14.10.020cross-connection control program 14.10.020cross-connection control program base fee

14.10.020inspection 14.10.020inspection priority ranking 14.10.020test report 14.10.020test report submittal fee 14.10.020

proceduresadministration 14.10.090backflow preventers testing, maintenance

14.10.100backflow prevention selection requirements

14.10.080backflow technician certification 14.10.110

purpose 14.10.010responsibilities

backflow technician 14.10.070customer 14.10.060WSSC 14.10.050

scope, applicability 14.10.040Fat, oils and grease program

FOG report, modified FOG program plan 14.15.010

violation investigationbilling 14.20.080enforcement 14.20.060general 14.20.020job number establishment 14.20.030monthly report 14.20.070NOV issuance 14.20.050purpose 14.20.010site investigation 14.20.040

Plumbing and fuel gas code 14.25.010Procurement

Applicability 6.15.030Authority, rules of construction, purposes 6.15.010Centralized bidder registration (CBR)


acquisition office 6.05.020active status 6.05.020authentication code 6.05.020bidder 6.05.020CBR expiration 6.05.020CBR view bid opportunity 6.05.020

centralized bidder registration (CBR) 6.05.020eligible status 6.05.020inactive status 6.05.020ineligible status 6.05.020MBE status expiration 6.05.020minority business enterprise (MBE) 6.05.020North American Industry Code (NAICS)

6.05.020primary NAICS 6.05.020secondary NAICS 6.05.020SLBE status expiration 6.05.020small local business enterprise (SLBE)

6.05.020Small, Local and Minority Business

Enterprise (SLMBE) Office 6.05.020purpose 6.05.010requirements, procedure 6.05.030

Chief procurement officerauthority 6.15.090office 6.15.080socioeconomic programs duties 6.15.120

Construction, design/build contractsregulations, applicability 6.15.520state code authority 6.15.510

Definitionsarchitectural and engineering services 6.15.070bidders list 6.15.070bidding time 6.15.070bridge contract 6.15.070business 6.15.070bylaws 6.15.070capability 6.15.070change order 6.15.070chief procurement officer 6.15.070commission 6.15.070construction 6.15.070contract 6.15.070contract amendment 6.15.070contract manager 6.15.070contract modification 6.15.070contracting officer 6.15.070contracting officer's representative 6.15.070contractor 6.15.070cost-reimbursement contract 6.15.070data 6.15.070days 6.15.070design-bid-build 6.15.070design-build 6.15.070design-build contract 6.15.070design-builder 6.15.070design requirements 6.15.070designee 6.15.070designer 6.15.070discussions 6.15.070

WSSC CODE OF REGULATIONS Procurement

Index-9

electronic 6.15.070employee 6.15.070engineer 6.15.070evaluated bid price 6.15.070facilities construction contract 6.15.070general manager/chief executive officer 6.15.070goods 6.15.070governmental body 6.15.070independent peer reviewer 6.15.070independent peer reviewer services 6.15.070infrastructure facilities 6.15.070invitation for bids 6.15.070invitation for prequalification 6.15.070legal authorities 6.15.070may 6.15.070minority business enterprise (MBE) 6.15.070objective measurable criteria 6.15.070operations and maintenance 6.15.070operator 6.15.070person 6.15.070prequalification 6.15.070procurement 6.15.070procurement officer 6.15.070proposal development documents 6.15.070public notice 6.15.070purchase description 6.15.070regulations 6.15.070request for proposals 6.15.070responsible bidder or offeror 6.15.070responsive bidder or offeror 6.15.070services 6.15.070shall 6.15.070signature 6.15.070SLMBE office/supplier diversity office 6.15.070small, local and minority business enterprise

(SLMBE) 6.15.070small, local and minority business enterprise

office/supplier diversity office 6.15.070solicitation 6.15.070supplier 6.15.070supplies 6.15.070time-and-material contract 6.15.070unsolicited offer 6.15.070using department 6.15.070

Effective date 6.15.060Emergency water main repair contracts

customer care group contracts SP–6.10.020purpose SP–6.10.010systems inspection group contracts SP–6.10.030

Good faith, ethics requirement 6.15.020Legal, contractual remedies

contract termination 6.15.570debarment, suspension 6.15.540dispute resolution 6.15.560

solicitations, awardsprotests of 6.15.530violating law 6.15.550

Minority business enterprise programapplicability 6.30.310definitions

affirmative procurement initiatives (APIs) 6.30.030

architectural and engineering (A&E) 6.30.030award 6.30.030bid discounts 6.30.030bidder 6.30.030commercially useful function 6.30.030commission 6.30.030construction 6.30.030contracting areas 6.30.030disparity study 6.30.030goal 6.30.030good faith efforts 6.30.030good faith efforts guide 6.30.030goods 6.30.030goods and services 6.30.030graduation 6.30.030industry categories 6.30.030invitation for bids (IFB) 6.30.030joint venture 6.30.030M/WBE 6.30.030MBE 6.30.030MBE contract-by-contract subcontracting

requirements 6.30.030minority business enterprise (MBE or

M/WBE) 6.30.030North American industry classification system

(NAICS) 6.30.030notice to proceed (NTP) 6.30.030office of supplier diversity and inclusion

(OSDI) 6.30.030office of supplier diversity and inclusion

director (OSDI director) 6.30.030optimization of diverse business development

program (ODBDP) 6.30.030points 6.30.030prime contractor 6.30.030professional services 6.30.030race- and gender-conscious remedy 6.30.030race- and gender-neutral remedy 6.30.030request for bid/quotation 6.30.030request for proposals (RFP) 6.30.030requirement 6.30.030responsible 6.30.030responsive 6.30.030services 6.30.030

Procurement

Index-10

SLBE/MBE subcontracting and supplier certification (SLBE/MBE subcontracting plan) 6.30.030

small local business enterprise (SLBE) 6.30.030

standard procedure 6.30.030subconsultant 6.30.030subcontractor 6.30.030waiver 6.30.030women-owned business enterprise (WBE)

6.30.030WSSC 6.30.030WSSC relevant market area 6.30.030WSSC supplier portal system 6.30.030WSSC web-based compliance system

6.30.030enforcement 6.30.270factual predicate

findings 6.30.040periodic update 6.30.280

MBE certification 6.30.240policies, objectives 6.30.020purpose 6.30.010race-, gender-conscious remedies

architectural and engineering (A&E) 6.30.200conditions 6.30.190construction 6.30.210goods, services 6.30.220introduction 6.30.170optimization of diverse business development

program (ODBDP) 6.30.180professional services 6.30.230

race-, gender-neutral remediesaccess to capital, bonding, insurance 6.30.080aggressive outreach 6.30.090bid debriefings 6.30.140discrimination prohibited 6.30.160expanded unbundling 6.30.060expedited payment 6.30.120introduction 6.30.050mentor-protege program 6.30.070monitoring, tracking, reporting 6.30.150post-award contract compliance monitoring

6.30.130small contracts rotation 6.30.100supplier diversity distributor program

6.30.110regulatory status 6.30.300requests for waiver, modification to

subcontracting plans 6.30.260graduation 6.30.250severability 6.30.290

Repealer 6.15.050Severability 6.15.040

Small local business enterprise (SLBE) programadministration

applicability 6.35.300good faith efforts 6.35.260graduation 6.35.200performance review 6.35.270post-award contract compliance monitoring

6.35.250prime, subcontracting, enforcement,

compliance 6.35.240reconsideration, appeals 6.35.220regulatory status 6.35.290severability 6.35.280SLBE approval 6.35.190termination 6.35.210waiver, modification request 6.35.230

definitions, termsaffirmative procurement initiatives (APIs)

6.35.030architectural and engineering (A&E) 6.35.030award 6.35.030bidder 6.35.030commercially useful function 6.35.030commission 6.35.030construction 6.35.030contracting areas 6.35.030goal 6.35.030good faith efforts 6.35.030good faith efforts guide 6.35.030goods 6.35.030goods and services 6.35.030graduation 6.35.030independently owned and operated 6.35.030industry categories 6.35.030invitation for bids (IFB) 6.35.030joint venture 6.35.030local business enterprise (LBE) 6.35.030minority business enterprise (MBE) 6.35.030non-M/WBE firms 6.35.030North American Industry Classification

System (NAICS) 6.35.030notice to proceed (NTP) 6.35.030optimization of diverse business development

program (ODBDP) 6.35.030points 6.35.030prime contractor 6.35.030principal place of business 6.35.030professional services 6.35.030program 6.35.030race- and gender-neutral remedy 6.35.030request for proposal (RFP) 6.35.030requirement 6.35.030responsible 6.35.030responsive 6.35.030

WSSC CODE OF REGULATIONS Property administration

Index-11

service disabled veteran small local business enterprise (SDV-SLBE) 6.35.030

services 6.35.030significant employee presence 6.35.030SLBE/MBE subcontracting and supplier

certification (SLBE/MBE subcontracting plan) 6.35.030

small business enterprise (SBE) 6.35.030small local business enterprise (SLBE)

6.35.030small local business enterprise directory

6.35.030small local business enterprise program

application 6.35.030small local business enterprise status

expiration 6.35.030small, local and minority business enterprise

office (SLMBE office) 6.35.030small, local and minority business enterprise

office director (SLMBE director) 6.35.030standard procedure 6.35.030subcontractor 6.35.030termination 6.35.030waiver 6.35.030women-owned business enterprise (WBE)

6.35.030WSSC 6.35.030WSSC relevant market area 6.35.030WSSC supplier portal system 6.35.030WSSC web-based compliance system

6.35.030eligibility 6.35.040policies, objectives 6.35.020purpose 6.35.010race- and gender-neutral remedies

aggressive outreach 6.35.090applicability 6.35.050bid debriefings 6.35.160bonding, insurance requirements 6.35.080discrimination prohibited 6.35.180expanded unbundling 6.35.060expedited payment 6.35.130mentor-protege program 6.35.070monitoring, tracking, reporting 6.35.170optimization of diverse business development

program (ODBDP) 6.35.100price, point preferences 6.35.150small contracts rotation program 6.35.110subcontracting requirements 6.35.140supplier diversity distributor program

6.35.120Socioeconomic programs

annual report 6.15.150bonding, discretionary 6.15.130

chief procurement officer duties 6.15.120compliance required 6.15.100environmental compliance 6.15.160MBE, SLBE assistance 6.15.140policy, implementation 6.15.110

Source selection, contract formationapplicability 6.15.170bidder, offeror responsibility 6.15.380bonds, security

bid 6.15.470construction performance, payment 6.15.480supply, service contracts 6.15.220

cancellation, invitations for bids, requests for proposals 6.15.370

competitive sealedbidding 6.15.310proposals 6.15.320

conditioning upon other awards 6.15.250contracts

bridge 6.15.290multi-year 6.15.420public entity 6.15.280types 6.15.410

emergency 6.15.350insurance 6.15.490intergovernmental, cooperative purchasing

6.15.270items purchased separately from construction

contract 6.15.260methods 6.15.300multiple awards 6.15.430multiple, alternate bids, proposals 6.15.210noncompetitive procurement 6.15.500novation, name change 6.15.240one bid, proposal received 6.15.200project delivery methods 6.15.460right to

audit records 6.15.450inspect plant, facilities 6.15.440

small purchases 6.15.330sole source 6.15.340special 6.15.360substantiating price data 6.15.400supplier prequalification 6.15.390time extension

bid, proposal acceptance 6.15.180indefinite quantity contracts 6.15.190

unsolicited offers 6.15.230Supplier guide 6.25.010

Property administrationAntennas on commission structures

background 13.10.020current conditions 13.10.030policy statement 13.10.040

Property assessments manual

Index-12

purpose 13.10.010responsible commission office 13.10.050

Consolidated office building, public useconditions 13.35.030fees 13.35.040policy 13.35.020purpose 13.35.010special emergency circumstances 13.35.050

On-site water, sewer systems acquisitionapplication processing 13.05.060benefit assessment applicability 13.05.050criteria 13.05.040general 13.05.030legal transfer 13.05.110on-site certification 13.05.090on-site system defined 13.05.020post acquisition action 13.05.120purpose 13.05.010residential acquisition alternatives 13.05.100statutory authority 13.05.130system evaluation

owner's engineer 13.05.070WSSC 13.05.080

Triadelphia, Duckett watersheds use regulationsactivities

permitted 13.45.020prohibited 13.45.030

birdwatching 13.45.080boat mooring 13.45.100boating 13.45.090fishing 13.45.110hiking 13.45.120horseback riding 13.45.130hunting 13.45.140introduction 13.45.010organized recreational activities 13.45.160permits

adjacent landowner, equine boarding stables 13.45.060

fees 13.45.050generally 13.45.040where to purchase 13.45.070

picnicking 13.45.150violation, penalty 13.45.180WSSC responsibility 13.45.170

Property assessments manualAgricultural

abutted 5.65.320introduction 5.65.310nonabutted 5.65.330

Cemetery 5.65.380Common ownership 5.65.390Deferred house connection charges

ahead-of payment construction 5.65.500

introduction 5.65.470redemption 5.65.490term 5.65.480

Front foot benefit chargesapplicability 5.65.090exemptions 5.65.100suspensions 5.65.110

Multi-businesscommercial developments 5.65.300introduction 5.65.290

Multi-unit residentialapartments 5.65.180condominiums 5.65.180introduction 5.65.160shared connections 5.65.190townhouses 5.65.170trailer park units 5.65.200

Nonprofit organizations 5.65.370On-site water, sewer system 5.65.420Overview

authority 5.65.020customer

appeal rights 5.65.050notification 5.65.040

errors, omissions 5.65.080foreword 5.65.010payment options 5.65.070purpose 5.65.030rates, calculations 5.65.060

Properties designatedfor multi-unit development 5.65.410parcels in subdivision plats 5.65.400

Reclassificationsintroduction 5.65.430notices 5.65.460procedures 5.65.450transactions 5.65.440

Right-of-wayabutting street, roadway 5.65.350introduction 5.65.340not abutting street, roadway 5.65.360

Single business, industrialabutted 5.65.270introduction 5.65.260nonabutted 5.65.280

Small acreagefully abutted parcel 5.65.220introduction 5.65.210multiple abutted parcels 5.65.240nonabutted parcel 5.65.250partially abutted parcel 5.65.230

Subdivision residentialabutted property

multiple street frontages 5.65.140

WSSC CODE OF REGULATIONS Research, innovation

Index-13

one street frontage 5.65.130introduction 5.65.120nonabutted properties 5.65.150

Property management See Property administration; Scrap metal, surplus goods, disposition

– R –

Records managementRequests under Maryland Public Information Act


Act 2.40.030applicant 2.40.030custodian 2.40.030Maryland Public Information Act 2.40.030official custodian 2.40.030person in interest 2.40.030public record 2.40.030record 2.40.030working day 2.40.030written request 2.40.030

denial review 2.40.120disclosure

against public interest 2.40.130notification, affected persons 2.40.090

feesgenerally 2.40.140schedule A 2.40.170

inspectionplace 2.40.160time 2.40.150

purpose 2.40.010record destroyed, lost 2.40.110temporary unavailability 2.40.100who may request 2.40.040written request

contents 2.40.060filing 2.40.070required when 2.40.050response 2.40.080

Sensitive engineering recordsaccess restrictions 1.10.040authority 1.10.020definitions

agent 1.10.030clearance 1.10.030company 1.10.030ERISA 1.10.030external 1.10.030facility 1.10.030individual 1.10.030internal 1.10.030internal security task force (ISTF) 1.10.030

principal 1.10.030requestor 1.10.030safety and security services group (SSSG)

1.10.030sensitive engineering records 1.10.030sensitive on-site system 1.10.030water distribution system 1.10.030WERI 1.10.030

distributionapproved users 1.10.080nondisclosure agreement 1.10.090

exception requestapproval 1.10.060denial 1.10.070procedures 1.10.050

purpose 1.10.010Recruitment, hiring

Background investigationsauthority 9.170.030definitions

levels of background investigations 9.170.020Maryland Police Training Commission

(MPTC) 9.170.020material of significance 9.170.020truth verification device 9.170.020

policy 9.170.040procedure 9.170.050purpose 9.170.010

Employment proceduresprocedure 9.180.020purpose 9.180.010

Research, innovationApplicability 1.27.020Council responsibilities 1.27.070Definitions

award 1.27.030bench test 1.27.030business case 1.27.030employee 1.27.030general manager 1.27.030ideas 1.27.030initiative 1.27.030innovation 1.27.030innovation and research council (council)

1.27.030outside entity 1.27.030pilot 1.27.030project 1.27.030proposal 1.27.030vendor 1.27.030

Proceduresawards 1.27.060proposal 1.27.040vendor, new product request 1.27.050

Scrap metal, surplus goods, disposition

Index-14

Purpose 1.27.010Risk management See Emergency management;

Firearms authorization; Fraud, waste, abuse hotline

– S –

Scrap metal, surplus goods, dispositionAuthority 13.80.030Definitions

auction 13.80.020custodian business unit 13.80.020donation 13.80.020firearms custodian, armorer 13.80.020goods 13.80.020gun manufacturer 13.80.020handgun 13.80.020real property 13.80.020sale 13.80.020scrap metal 13.80.020surplus goods 13.80.020trade-in 13.80.020

Disposalmethods 13.80.050unauthorized 13.80.060

General requirements 13.80.040Purpose 13.80.010Reporting 13.80.070

Systems development chargeCredits, reimbursements


applicant 5.95.020credit voucher 5.95.020eligible private funding 5.95.020memorandum of understanding (MOU)

5.95.020qualified project 5.95.020qualified project scope 5.95.020qualified properties 5.95.020SDC credit 5.95.020SDC credit agreement 5.95.020SDC ledger 5.95.020system extension permit (SEP) 5.95.020systems development charge (SDC) 5.95.020wet weather project 5.95.020

proceduresgenerally 5.95.030wet weather projects 5.95.040

purpose 5.95.010Levy, collection


apartment unit 5.90.020

base SDC fee 5.90.020drainage fixture unit value 5.90.020dwelling unit 5.90.020hookup 5.90.020multi-unit dwelling 5.90.020new service 5.90.020nonresidential unit 5.90.020plumbing permit 5.90.020property 5.90.020public sponsored and affordable housing

5.90.020residential applicant 5.90.020residential unit 5.90.020SDC sewer charge 5.90.020SDC water charge 5.90.020sub-district charge 5.90.020toilet 5.90.020water supply fixture unit value 5.90.020

exemptions 5.90.040general 5.90.030purpose 5.90.010refunds 5.90.050

Refund, SEP fees, chargesauthority 5.85.050definitions

applicant 5.85.020dependent project 5.85.020letter of findings 5.85.020phase 1/planning assistance 5.85.020phase 2/review for system integrity 5.85.020phase 3/construction 5.85.020SEP fees or charges 5.85.020SEP phases 5.85.020SEP process 5.85.020system extension permit (SEP) 5.85.020

procedures 5.85.030purpose 5.85.010restrictions 5.85.040

– V –

Volunteer board members, expense reimbursementAuthority 1.55.030Definitions

commission staff liaison 1.55.020dependent 1.55.020official commission board (board) 1.55.020volunteer board member 1.55.020

Procedure 1.55.040Purpose 1.55.010

WSSC CODE OF REGULATIONS Water, sewer service authorization

Index-15

– W –

Water, sewer service authorizationAuthorization transfer


Development services code 11.155.010Process manual 11.170.010Releases for service

definitionscertificate of substantial completion

11.150.020contract/technical services section (CTSS)

receipt log 11.150.020final inspection punch list 11.150.020record of water and sewer release 11.150.020release for maintenance only 11.150.020request for partial release for service

11.150.020results of air test 11.150.020standard letter announcing release 11.150.020substantially complete 11.150.020water/sewer house connection final

11.150.020zone book 11.150.020


Sewer model, hydraulic planning analysesdefinitions

base sanitary flow 11.165.010CIP sized sewer lines 11.165.010overflow 11.165.010projected future base sanitary flow 11.165.010projected overflow 11.165.010release for service 11.165.010safe pumping capacity 11.165.010start of construction 11.165.010surcharge 11.165.010

HPA amendments 11.165.050proposed development

above projected two-year overflow 11.165.030

all other 11.165.040purpose 11.165.020waiver request 11.165.060

Commissioners - WSSC Water...existing sections already consecutively numbered. In most chapters of...

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Transcript of Commissioners - WSSC Water...existing sections already consecutively numbered. In most chapters of...