Maryland Washington Suburban Sanitary District Section 3-202

      (a)      (1)      Except as provided in paragraphs (2) and (3) of this subsection, on and after July 1, 1987, each county shall exercise within its boundaries all the rights, powers, and duties relating to stormwater management, including those formerly exercised by the WSSC.

            (2)      Prince George's County may not exercise this authority within the City of Bowie unless the City and the County otherwise agree.

            (3)      Montgomery County may not exercise this authority within the City of Takoma Park unless the City and the County otherwise agree.

      (b)      (1)      Prince George's County may establish a stormwater management district, which may include all the land within the boundaries of Prince George's County, except for the land within the City of Bowie.

            (2)      Montgomery County may establish a stormwater management district, which may include all the land within its boundaries, except for the land within the City of Takoma Park.

            (3)      Within its district, each county shall exercise all the rights, powers, and responsibilities for stormwater management, as defined in this subtitle, in order to make available to the residents and property owners of the district an efficient, operating service with adequate facilities for development and promotion of the safety of life and property.

            (4)      The district shall be a special taxing district for the purpose of stormwater management. The counties may establish one or more special taxing areas within their districts.

      (c)      The WSSC may enter into agreements with Prince George's County and Montgomery County to perform any stormwater management activities on behalf of the county as each county deems necessary and appropriate to maintain effective stormwater management programs in the stormwater management district.

      (d)      (1)      (i)      All property of the WSSC that the WSSC and the applicable county mutually determine to be primarily used for stormwater management is deemed transferred effective July 1, 1987, to the counties as provided in this section.

                  (ii)      All property of the WSSC that the WSSC and the City of Takoma Park mutually determine to be primarily used for stormwater management is deemed transferred effective July 1, 1990, to the City of Takoma Park as provided in this section.

                  (iii)      The WSSC shall execute any instruments of transfer as are necessary to evidence the transfers:

                        1.      All real and personal property, including without limitation all fees, leaseholds, easements, rights-of-way, buildings, fixtures, systems, and equipment, owned or held by the WSSC for the primary purpose of stormwater management is transferred to the county or to the City of Takoma Park in which the property is located or affixed; and

                        2.      All tangible and intangible personal property, including without limitation all equipment, construction materials, fees, fees-in-lieu, contributions, reserve funds, sinking funds, contracts, agreements, claims, demands, and actions, owned or held by the WSSC for the primary purpose of stormwater management is transferred to the county or to the City of Takoma Park in which is located the real property to which the personal property relates, or if unrelated to specific property, is transferred in proportion to the real property acreage transferred to each county or to the City of Takoma Park under this section.

            (2)      Notwithstanding this subsection, the WSSC shall retain sufficient funds to pay for debt service accruing prior to October 1, 1987, on outstanding bonds issued by WSSC for stormwater management and the undepreciated cost of the moveable assets transferred.

            (3)      The transfer of this property does not impair in any manner the rights of holders of bonds issued by the WSSC for stormwater management or the responsibility of the WSSC for the repayment of the bonds or the responsibility of the counties to levy taxes for or otherwise guarantee the repayment of the bonds. The City of Takoma Park is not responsible for payment to the WSSC for debt service on any bonds issued by the WSSC outstanding on June 30, 1990.

      (e)      Each county and the City of Takoma Park are responsible for the maintenance of stormwater management systems or parts of the systems located within their stormwater management district and transferred to them under this section.

      (f)      The WSSC and any municipality in Prince George's County and Montgomery County shall permit the county to enter and exit over any of the fees, leaseholds, easements, or rights-of-way of the WSSC or the municipality to maintain any stormwater management easement, structure, or other property.