Council clarifies city water authority after questions about outside facility and potential ICE-processing use

HAGERSTOWN — City staff told the council that a recently purchased facility located outside the municipal limits but inside the municipal growth area (MRGA) already has a purchased allocation (800 gallons/day), but that an occupancy change to house people would likely require a meter and service upgrade and a formal site-plan review.

Nancy, a water department staffer, said the property currently has a 2-inch domestic turbine meter with continuous flow capacity near 200 gallons per minute and intermittent capacity about 250 gpm, and that "a 2 inch domestic meter likely would not be sufficient" if the facility were to house hundreds of people. She advised that an upgrade would require a new tap, larger meter and signed engineering drawings as part of a site-plan application.

Council members pressed for clarity on whether the city can refuse to extend or increase service. Staff cited city code (referenced as section "2 38 17" in meeting materials) allowing the water and sewer department to discontinue or refuse service for a valid and sufficient reason but cautioned the clause does not create a blanket refusal power and is typically used when customers are noncompliant with repair or public-health standards.

Staff also explained intergovernmental limits: if an allocation transfer goes from inside city limits to property in the MRGA, mayor-and-council approval is required; otherwise the water department follows its upgrade and application process and applicants must pay for upgrades in full before city modifications occur.

The council has received many emails raising water-related questions about a county-purchased facility that some constituents have identified with immigration-enforcement processing. Council members said they have been cc'ing county officials and that a town hall is impractical without clearer information on the facility's intended use. Councilwoman Burnett said the city cannot hold a useful town hall until more facts about the facility are known.

Staff also noted state rules: Maryland's environment/health authorities (MDE/local health department) typically expect properties within reasonable distance to connect to a public water system rather than drill private wells; if a property sought a private well while already served, the public supply would need to be disconnected and an air gap installed to avoid cross-contamination.

The council did not take a formal vote on the matter; staff committed to notify council if a formal allocation or site-plan application arrives.