Adopted Executive Regulations


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MCER NO. 4-11:  ADOPTED DEPARTMENT OF ENVIRONMENTAL PROTECTION REGULATION 

Systems Benefit Charges-Residential Waste Estimates 

SUMMARY:  Montgomery County Code 2004, Section 48-8A(b)(2)(A), provides that the County Executive must, each fiscal year, establish by Method 2 executive regulation an estimate of the amount of solid waste generated per dwelling unit.  This regulation updates the per-household waste generation estimates used to calculate residential Systems Benefit Charges.  The adopted regulation supersedes Executive Regulation 4-10.

ACTION:  Executive Regulation 4-11 was approved by the County Council according to the Method 2 review process, effective July 1, 2011.

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 48-8A(b)(2)(A), Method 2.

COPIES OF THE ADOPTED REGULATION:  A copy of the adopted regulation may be obtained from Serena Bell, Department of Environmental Protection/DSWS, 101 Monroe Street, 6th Floor, Rockville, MD  20850, Phone 240-777-6459, TTY 240-777-6442.
Email  [email protected]


MCER NO. 6-11:  PROPOSED DEPARTMENT OF PERMITTING SERVICES REGULATION - Schedule of Fees for Permits, Licenses and Inspections-Method 3

SUMMARY:  This Executive Regulation in general revises the minimum filing fee associated with Public Right of Way (ROW) and Sediment Control (SC) Permits; establishes the minimum fee for Engineered Public Right of Way Permits and revision to permits; clarifies bond reduction fees; clarifies Stormwater Management Administrative Waiver Review for grandfathering fees in Section II B.3.; establishes fees for Site Development Stormwater Management Plan Review consistent with Stormwater Management Law in Section IIB.4.b.; establishes  Small Land Disturbance Permit revision fee and clarifies the Post Construction Monitoring Permit fee.  This regulation has also been revised to clarify existing fee descriptions.  The adopted regulation supersedes Executive Regulation 12-08.

ACTION:  Executive Regulation, 6-11, was promulgated according to the Method 3 process and became effective July 1, 2011

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 1994, Section 49-38, 19-6, 19-45, 19-67, 30-11, 27A-5(e), Method 3.

COPIES OF THE ADOPTED REGULATION:  A copy of the adopted regulation may be obtained from Alexia Roundtree, Department of Permitting Services, 255 Rockville Pike, 2nd  Floor, Rockville, MD  20850, Phone 240-777-6280, TTY 240-777-6256.
Email  [email protected]


MCER NO. 9-11:  ADOPTED DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION

Fee Schedule for Food Service Facilities

SUMMARY:  COMAR 10.15.03, Food Service Facilities, and Montgomery County Code Chapter 15, Eating and Drinking Establishments, specifies the minimum inspection frequency for licensed food service facilities.  Licensure and Regulatory Services is responsible for licensing, inspecting, investigating complaints and conducting plan review of food service facilities in Montgomery County.  The goal of this office is to protect the health and safety of the public by providing assurance that these facilities are in compliance with the health and safety standards established by Montgomery County, the State of Maryland and Federal laws and regulations.  The program provides over 6,000 licenses annually for both the operation of new businesses and the annual renewal of licenses for all existing businesses.  The fee increase offsets the cost of conducting the inspections associated with new regulations and new reporting requirements.  The adopted regulation supersedes Executive Regulation 9-01.

ACTION:  Executive Regulation, 9-11, was promulgated according to the Method 3 process and became effective July 1, 2011.

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 02.42A.03, Method 3.

COPIES OF THE ADOPTED REGULATION:  A copy of the adopted regulation may be obtained from Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-3831.
Email:  [email protected]


MCER NO. 10-11:  ADOPTED DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION

Fee Schedule for Swimming Pools, Pool Operators, and Pool Management

                            Companies

SUMMARY:  The licensing fee is adjusted to reflect the size of the pool.  The increase would be introduced for large pools sized at 100,000 gallons or greater, and for wading pools to reflect the cost of administering and enforcing the pool program for these pools.  The new Virginia Graeme Baker Pool and Safety Act (VGBA) promotes the safe use of pools, spas, and hot tubs by imposing mandatory Federal requirements for suction entrapment avoidance.  The VGBA law consists of two parts, enforcement for the new main drain covers in 2009 and the equalizer cover requirement in 2010.  In addition, changes in the swimming pool industry include new pool, spa, and fountains designs, and the introduction of interactive fountains, lazy rivers and amusement rides.  These changes have contributed to a sizeable increase in the time required to review pool plans and conduct inspections.  The fee increase offsets the cost of conducting the inspections associated with new regulations and new reporting requirements.  The adopted regulation supersedes Executive Regulation 14-01.

ACTION:  Executive Regulation, 10-11, was promulgated according to the Method 3 process and became effective July 1, 2011.

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 02.42A.03, Method 3.

COPIES OF THE ADOPTED REGULATION:  A copy of the adopted regulation may be obtained from Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-3831.
Email:  [email protected]


MCER NO. 11-11:  ADOPTED DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION

Fee Schedule for Bingo and Raffles

SUMMARY:  This licensing requirement is for non-profit organizations wishing to conduct bingo and raffles for fund raising purposes and includes Montgomery County residency only.  This regulation reflects an approximate fee increase of 10%.  Authority for this regulation is also found under the Maryland Criminal Law Code Annotated 13-1809.  Gaming-Local Provisions, Subtitled 18.  The adopted regulation supersedes Executive Regulation 12-01.

ACTION:  Executive Regulation, 11-11, was promulgated according to the Method 3 process and became effective July 1, 2011.

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 02.42A.03, Method 3.

COPIES OF THE ADOPTED REGULATION:  A copy of the adopted regulation may be obtained from Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-3831.
Email:  [email protected]


MCER NO. 12-11:  ADOPTED DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION

Fee Schedule for Video Games

SUMMARY:  Applications for video games and facilities that offer video games for public operation are processed and must obtain licensure prior to operating.  The fee increase offsets the administrative costs associated with issuing and renewing licenses and responding to complaints.  Inspections and possible licensing violations are complaint driven.  The adopted regulation supersedes Executive Regulation 15-01.

ACTION:  Executive Regulation, 12-11, was promulgated according to the Method 3 process and became effective July 1, 2011.

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 02.42A.03, Method 3.

COPIES OF THE ADOPTED REGULATION:  A copy of the adopted regulation may be obtained from Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-3831.
Email:  [email protected]


MCER NO. 13-11:  ADOPTED DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION

Fee Schedule, Signs and Temperature Requirements for Tanning Facilities

SUMMARY:  These facilities are annually licensed by Montgomery County Office of Licensure and Regulatory Services.  Each facility has a one time inspection prior to the initial opening and then subsequently in response to any customer complaints.  State law requires all persons under the age of eighteen (18) to have permission from parents or guardians and each tanning available for review by our department as required.  The fee increases offset administrative licensing and complaint driven inspection costs.  The adopted regulation supersedes Executive Regulation 11-01.

ACTION:  Executive Regulation, 13-11, was promulgated according to the Method 3 process and became effective July 1, 2011.

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 02.42A.03, Method 3.

COPIES OF THE ADOPTED REGULATION:  A copy of the adopted regulation may be obtained from Clark Beil, Senior Administrator, Department of Health and Human Services/Public Health Services/Licensure and Regulatory Services, 255 Rockville Pike, Suite 100, Rockville, MD 20850, 240-777-3831.
Email:  [email protected]


MCER NO. 14-11:  ADOPTED DEPARTMENT OF ENVIRONMENTAL PROTECTION REGULATION

Licensing and Permitting Fees for Solid Waste Collectors and Haulers

SUMMARY:  This adopted regulation establishes the permit and license fees for solid waste collectors and haulers to be fixed annually by the County Executive.

ACTION:  Executive Regulation, 14-11, was promulgated according to the Method 3 process and became effective July 1, 2011.

AUTHORIZATION AND PROCEDURAL METHOD:  Montgomery County Code, 2004, Section 48-26, Method 3.

COPIES OF THE ADOPTED REGULATION:  A copy of the adopted regulation may be obtained from Serena L. Bell, DEP/DSWS, 101 Monroe Street, 6th Floor, Rockville, MD 20850, 240-777-6459, TTY 240-777-6442.
Email:  [email protected]

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