A.
In general. The County may establish, construct, locate,
maintain, operate, protect, preserve, repair, replace, extend, or
enlarge any solid waste collection system, disposal system, sanitary
landfill, reclamation plant system, incinerator, or water supply,
water supply system, water main, sewer, sewer system, sewage disposal
plant or field, reservoir, dam, water purification or filtration plant,
tank or pumping station, and drains of any and every kind, nature,
and description, and all other facilities, appurtenances, and adjuncts
that may be required for any of the purposes of this Part 1.
B.
Acquisitions. Whenever deemed necessary by the County in the exercise of any power or authority under Subsection A of this section, the County may acquire by purchase, gift, devise, bequest, exchange, or condemnation from any tenant, lessee, owner, occupier, or holder of any interest in land, structures or buildings, source of water supply, streambed, waterway, water rights, watershed, franchise, water, sewerage or drainage systems, or parts thereof, or other property, either in fee or as an easement, within or without the Sanitary District.
C.
Condemnation proceedings. Proceedings for condemnation
under this section shall be instituted in the circuit court for the
county in which the land, structures or buildings, source of water
supply, streambed, waterway, water rights, watersheds, franchises,
water, sewerage, solid waste, or drainage systems or other property
is situated, as provided for condemnation of private property for
public use in the Public General Laws of Maryland.
A.
In general. On reasonable notice from the County,
a person who has a building, conduit, pipe, track, pole, or other
structure or obstruction in, on, over, under, or through any public
road, street, or way which blocks or impedes the construction and
establishment of the County's water supply, sewerage, or drainage
systems or other works shall promptly shift, adjust, accommodate,
or remove structures or obstructions to fully meet the exigencies
that caused the action.
B.
Cost of changes. The County shall bear the reasonable
cost of these changes.
A.
Filing of plan required. Before a public service corporation,
company, or individual begins any excavation or construction in any
street, road, or public highway, the public service corporation, company,
or individual shall file with the Director of Public Works and the
County Roads Engineer plans of the work and construction showing the
location and depth in the street, road, way, or public highway of
the proposed main, conduit, pole, pipe, or other structure.
B.
Approval required. The public service corporation,
company, or individual may not begin the construction or work until
the plan is approved by the Director and the County Roads Engineer.
C.
Changes prohibited. After a plan has been approved,
a person may not make any change in the plan or in the work or construction
shown by the plan without further approval of the Director and County
Roads Engineer.
D.
Installation without filing or approval of plan.
(1)
The County may remove or change the location of a
conduit, main, pipe, pole, or other structure if:
(2)
If the County removes or changes the location of a conduit, main, pipe, pole, or other structure under Subsection D(1) of this subsection, the cost shall be paid by the party who installed the structure or the heirs, assigns, or successors of the party.
(3)
The County is not liable for damage to a conduit,
main, pipe, pole, or other structure covered by this section that
might be done by the County's operation in contracting or maintaining
its systems or works.
A.
For excavation and construction. The County may:
(1)
Enter on and excavate any state or County street,
road, or way or any other public highway to install, maintain, and
operate the water supply, sewerage, solid waste, or drainage systems
provided for under this Part 1; and
(2)
Construct in any state or County street, road, or
way or any other public highway a water main, sewer, or drain or any
appurtenances without the receipt of a permit or the payment of a
charge.
B.
Notice. Whenever the County is going to disturb a
state or County highway, the County shall notify the public authority
that has control of the highway.
A.
In general. After presenting proper credentials from
the County, any employee or agent of the County may enter, at all
reasonable hours, any private premises and any building in the Sanitary
District while in pursuit of the employee's or agent's official duties.
B.
Ordering changes. The County or an agent or employee
of the County may order any changes in plumbing, water usage, or water
or sewer connection that the County considers necessary to eliminate
leakage, loss of water, or unnecessary or improper use of sewers.
C.
Control of water supply. The County shall exercise
control of the water supply at all times.
D.
Conservation. In case of shortage of water or for
any other reason, the County may determine that the water supply should
be conserved.
F.
Shutting off water for violation. In addition to any
other penalty provided in this Part 1, if a person violates a water
conservation order, the County or an agent or employee of the County
may turn off the water supply of the person at any time without further
notice.
The County may enter into any contract:
A.
For the connection of its water supply, sewerage,
solid waste, or drainage system with those of any municipality or
adjoining county or any other governmental agency in this or an adjoining
state;
B.
For the purchase of water;
C.
For the disposal of sewage, solid waste, and other
drainage from the Sanitary District;
D.
With any other county, municipality, or state for
the joint acquisition, construction, ownership, and operation of any
water supply, sewerage, solid waste, or drainage system or any portion
of a system; or
E.
Concerning any other matter considered by the County
to be necessary, advisable, or expedient for the proper construction,
maintenance, and operation of the water supply, sewerage, solid waste,
or drainage system under its control, or those under the control of
any municipality or county or any other governmental agency.
A.
In general. Before any plumbing, waterworks, solid
waste system, or sewer construction is done in any building or on
any private property within the Sanitary District, the person doing
the construction shall first obtain a permit from the Director of
Public Works.
B.
Specific types of construction. A person doing the
work specified in this subsection shall obtain a permit from the Director
before the person begins new construction or extends an existing system
in a Sanitary District:
(1)
A private or public water supply, solid waste, or
sewerage installation intended for use of two or more buildings or
two or more residential housing or condominium units;
(2)
Buildings or premises;
(3)
Commercial businesses, rentals, or leasehold units;
(4)
Industrial buildings;
(5)
Vessels or pleasure craft;
(6)
A private or public water supply, solid waste, or
sewerage installation intended for use of 50 or more persons; or
(7)
A private or public water supply or sewerage installation
having a capacity in excess of 5,000 gallons a day.
C.
Fee. To obtain a permit, the person shall pay a reasonable
fee set by the County.
D.
Regulations. The construction work shall be done and
any plant shall be installed, maintained, and operated in accordance
with the regulations adopted by the Director.
E.
Inspection. The construction work is subject to the
inspection that the Director considers necessary.
F.
Waiver. To avoid duplication of supervision, the County
may waive the provisions of this section if the Department of the
Environment issues the permits and makes the inspection required by
this subsection in a manner satisfactory to the County.
A.
Jurisdiction of County.
(1)
The County has full jurisdiction over all fire hydrants
connected with the County's water system.
(2)
Except for a bona fide fire department in the discharge
of its duties, a person may not operate, use, or make connection with
the system without the written authority of the Director of Public
Works.
B.
Requiring the installation of fire hydrants. On a
determination that public safety will be served, the Director may
require the installation of fire hydrants to public or private systems
existing or to be constructed in the Sanitary District.
C.
Regulations. The Director may adopt regulations for
the use and maintenance of fire hydrants as the Director considers
necessary.
D.
Agreements. The County may enter into any agreements
with the owner or operator of a system designed to install fire hydrants
or other fire protection equipment as may be considered in the public
interest.
E.
Prohibited acts. A person may not tamper with, deface,
or obstruct any fire hydrant.
[Amended by Ord. No. 94-15]
A.
In general.
(1)
For each property abutting on a street or right-of-way
in which a water main or sewer is laid under this Part 1, the County
shall provide a water service pipe or sewer connection when service
to that property is feasible.
(2)
The County shall extend the water service pipe or
sewer connection as required, from the water main or sewer to the
property line of the abutting lot.
B.
Cost of construction; charge for connection.
(1)
The water service pipe and the connection with the
sewer shall be constructed by and at the sole expense of the County,
but subject to a reasonable charge for the connection as provided
in this Part 1.
(2)
The property owner shall pay the charge for connection
at the office of the designated County official before the actual
connection with any pipe or private property is made.
C.
Connection required.
(1)
When any water main or sewer is declared by the County
complete and ready for the delivery of water or the reception of sewage,
every abutting property owner, after due notice, shall make a connection
of all spigots or hydrants, toilets, and waste drains with the water
main or sewer main within the time prescribed by the County and in
the manner prescribed by whatever regulations as may be promulgated
by the Director of Public Works under this Part 1.
(2)
When the fixtures do not exist or are of a nature
which, in the judgment of the Director, are improper or inadequate,
the owner shall install on the premises satisfactory equipment consisting
of at least one water closet and one sink or washbasin, both of which
shall be properly connected with the sewer of the County.
(3)
All cesspools, sink drains, and privies located on
properties connected to sewers provided by the County shall be abandoned,
closed, and left in a sanitary condition so that no odor or nuisance
shall arise from them.
D.
Designation in Master Plan.
A.
Advertising for bids.
(1)
Whenever the plans and specifications for a water
supply, sewerage, solid waste, or drainage system or extension of
a system have been completed and the County has decided to proceed
with construction, the County shall, when required by this Part 1,
advertise for bids for the construction of the system or systems,
in part or as a whole as appears advisable in the County's judgment.
B.
Acceptance or rejection of bids.
(1)
The County shall let the contract to the lowest responsible
bidder, or the County may reject any or all bids.
(2)
If the County, in its discretion, finds that the prices
quoted are unreasonable or unbalanced, the County may readvertise
the work or any part of it or may do any part of the work by day labor.
C.
Use of day labor. At any time the County may expend
an amount not exceeding $5,000 for construction by day labor without
advertising or receiving bids.
D.
Bonds, penalties, and conditions. All contracts under
this section shall be protected by whatever bonds, penalties, and
conditions as the County may require, all of which shall be enforced
in any court having jurisdiction.
E.
Performing work with County's own employees or equipment.
This section does not preclude the County from performing any work
with its own employees or equipment.
A.
In general.
(1)
To provide for the general health and welfare of the
residents of the County, the County may acquire, construct, operate,
and maintain whatever water, sewer, solid waste, and drainage systems
as it considers to be in the public interest.
(2)
The County may cause surveys, plans, specifications,
and estimates to be made for these systems.
B.
Public hearing and notice.
(1)
Unless all owners of land which will be served by
any such proposed improvements consent in writing to the improvements
being made, the County shall construct a system or extension of the
system only after the County:
(2)
At the hearing, plans and specifications for the proposed
improvements shall be presented together with the estimated costs
of the improvements and estimated revenues to be derived from the
improvements.
A.
Costs of preliminary engineering studies. If the residents
of any unincorporated locality in the Sanitary District apply for
a water supply, sewerage, solid waste, or drainage system, or part
of a system, to be constructed in their locality, the County may require
the applicants to bear the reasonable costs for any preliminary engineering
studies that the County considers necessary to determine whether it
is feasible to construct the improvements.
B.
Determination. On receipt of such reasonable costs
as the County determines to be necessary to conduct the studies, the
Director of Public Works shall have the studies made and within a
reasonable time thereafter advise the County Commissioners who shall
thereafter advise the applicants of the results of the studies, together
with the County's determination with respect to the application.
When the designated County official certifies
to the Clerk of the Circuit Court for Queen Anne's County that the
County is entitled to collect taxes or other charges on land situated
in the election districts designated in the certifications, the Clerk
may not accept any instrument for recording among the land records
of Queen Anne's County until the instrument bears a notation by the
County that all taxes or other charges due the County under this Part
1 for the year in which the instrument is offered for the record have
been paid.
A.
Approval required. Unless it has been approved by
the Director of Public Works, a private owner may not construct in
the Sanitary District:
B.
Agreement.
(1)
If an applicant applies under this Part 1 for the construction or extension of any water supply, sewerage, solid waste, or drainage system or part of a system and the County determines that the construction or extension is inexpedient or impracticable at that time, because of the remoteness from its general system or other considerations, the applicant may enter into a contract with the County to build and operate the system or extension, but only after the County has revised or amended the County water and sewerage plan as authorized under § 9-503 of the Environment Article.
(2)
A system may be constructed or extended only under
plans and specifications that have been submitted to and approved
by the Director of Public Works.
(3)
The County shall have general control over the maintenance
and operation of the system.
C.
Construction and installation in accordance with this
section.
(1)
A person may not construct or install a water supply,
sewerage, solid waste, or drainage system or part of a system or a
water main, sewer, storm drain, water purification incinerator, reclamation
plant, solid waste system, or sewerage treatment plant or a connection
with any of them except as provided in this section.
E.
Filing construction and operating records. All construction
and operating records, including cost records, shall be filed with
the County.
F.
Takeover by County. At any time, the County may take
over the system or part of the system or the water main, sewer, stormwater
drain, water or sewage treatment plant, solid waste system, or connection
with any of them in the same manner as provided under this Part 1.
G.
Rate-making power of Public Service Commission; approval
of Department of the Environment. This section does not:
H.
Pollution.
(1)
The County may not approve any private water supply,
sewerage, solid waste, or drainage system or extensions of a system
authorized by this section if the construction or operation of the
system will cause water pollution that endangers the waters, including
shellfish beds, as well as the water supply of the County, any municipality,
or other public agency or private utility corporation supplying sanitary
services in Queen Anne's County.
(2)
If a private system approved under this section causes
pollution, then the County may require whatever modifications as may
be necessary to eliminate the pollution and to take other legal steps
as may be necessary to enforce its orders eliminating the nuisance
of water pollution.
