Politics & Government

Carroll County Could Face Fines for Failing to Satisfy 'Rain Tax' Requirements

"They're not alleging we're failing in any environmental component, they are simply demanding that we implement a tax." -- Commissioner Richard Rothschild

The Maryland Attorney General's office has informed Carroll County leadership that the county could face fines if it does not fully implement the requirements of HB 987, otherwise known as the "Rain Tax." 

In 2012, the General Assembly passed legislation requiring jurisdictions to establish a plan to begin a watershed protection and restoration project that includes a stormwater remediation fee.

Stormwater runoff – rainwater that is not absorbed into the ground, but rolls along impervious surfaces, picking up debris, fertilizer and other pollutants – is believed to be a major source of pollutants in the Chesapeake Bay. 

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Carroll County Commissioner Richard Rothschild said that taxing citizens and spending money is not going to fix the Chesapeake Bay. 

"We cannot fix the Bay with the current approach; it’s too expensive," he said in an interview. "We will run out of money before we make any dent in Chesapeake Bay pollution. We have to do something different than ... spending money and taxing the citizens."

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The 10 jurisdictions affected by the “rain tax” include Montgomery, Prince George’s, Howard, Anne Arundel, Carroll, Harford, Charles, Frederick, Baltimore and Baltimore city.

Carroll County, Harford and Frederick Counties have been warned by the Maryland Attorney General’s Office that they could face steep fines for refusing to comply with the state mandate. 

Assistant Attorney General Paul N. De Santis wrote to the county Oct. 25 stating that Carroll County could faces fines of up to $10,000 per day of violation if it does not fully implement the law.

Carroll County officials say they believe they complied with the state law by allocating $20 million from its general fund to tackle stormwater remediation projects.

But the county has failed to fully implement the law, said Samantha Kappalman, director of Communications & Digital Strategy for the Maryland Department of the Environment (MDE). 

Kappalman told Patch that the legislation requires that a fund be created to pay for watershed restoration projects--a fund Carroll County has established. However, she said that the legislation also requires that the county establish and annually collect a remediation fee, which she said the county has not done. 

Rothschild said that the state's approach is about taxing citizens and not about protecting the environment. 

"I want to make it clear that they’re not alleging we’re failing in any environmental component, they are simply demanding that we implement a tax," Rothschild said. "This is about taxes; it's not about the environment." 

Rothschild said he believes HB 987 violates federal laws.

"We are committed to being good stewards of our environment and will continue to do so to make sure we are compliant with constitutional laws," Rothschild said. "But there are also federal laws that prohibit the state from using environmental laws in a way that is punitive against us."

Kappalman said that the legislation was written by delegates in a way that gives local jurisdictions control over stormwater projects. 

"This was written by delegates to give local jurisdictions the flexibility they need," Kappalman said. "That is why there is no set limit [for the fund], no specific fee, it doesn’t decide how the program is created -- the purpose of the legislation was to give municipalities the ability to create the program it will implement."

Patch editor Deb Belt contributed to this article. 


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