Talbot County, MD Septage Management

The owner(s) of a property or properties desiring to establish and operate a septage treatment facility must file a written application with the Talbot County Department of Public Works, requesting a license to operate said facility. The application must be endorsed by the notarized signature of all owners of the property and must be accompanied by full payment of all required fees and supporting documentation as specified herein.

The applicant(s) shall provide at their own expense a copy of their permit application, permit, construction cost estimates, operating cost estimates, revenue estimates and special exception approval from the Talbot County Board of Appeals for the proposed facility.

Confidentiality. Pursuant to Md. Code Ann., State Government Art., § 10-617, the County shall deny public inspection of any part of an application that contains commercial or confidential financial information.

Issuance of license. The licensing authority shall approve the application requesting a license for a septage treatment facility only if it is determined that:

The owner of the proposed septage treatment facility holds a valid sewage sludge utilization permit for septage treatment, handling, storage, and disposal from the Department and a special exception from the Talbot County Board of Appeals; and

It is technically and fiscally feasible for the owner of the proposed septage treatment facility to establish, construct, operate and maintain a septage treatment facility in accordance with the provisions hereto and the requirements of all applicable local, state, and federal regulations and legislated policies.

Action following approval. Upon approval by the licensing authority and upon receipt of all fees, permits, certificates of insurance and other documentation required herein, the licensing authority shall:

Enter into a license agreement with the applicant(s) specifying the procedures to be followed in the development, operation and maintenance of the septage treatment facility.

Issue a license for the operation and use of the proposed septage treatment facility.

Process an amendment to the Comprehensive Water and Sewerage Plan to document the approval of the septage treatment facility to be processed during the next regular amendment period.

§ 145-6 Implementation.

The license agreement shall be of suitable form, including provisions for fees, technical requirements, attachments, submittals, bonds, and references, to address the following requirements:

Fees.

Payment of a license fee must be received by the licensing authority upon execution of the license agreement for the proposed septage treatment facility. Annual license fees shall be in accordance with the rate set by the annual Budget and Appropriation Ordinance.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The license fees shall fund the administrative costs of the licensing authority associated with the establishment, development and monitoring of the septage treatment facility. All fees are nonrefundable.

Permits and licenses:

The owner(s) shall submit copies of all permits required by local, state and federal regulations to develop, use and operate the proposed septage treatment facility for inclusion in the license agreement. At a minimum, a sewage sludge utilization permit for septage will be required.

No owner(s) shall construct, alter or expand a septage treatment facility in the County without having first received a sanitary construction permit from the Talbot County Health Department. No such permit will be issued without approval from the licensing authority.

The owner(s) shall be responsible to renew, extend, and maintain in a current status all permits as required herein. A local license will not be maintained, renewed or extended without required federal and/or state operating permits being valid and current.

The owner(s) shall bear the complete costs for all permits and licenses necessary to develop and operate the septage treatment facility.

(5)

All permits and licenses issued by the licensing authority are nontransferable. Transfer of ownership shall be as specified herein.

Construction:

The licensee shall be responsible for the construction of the septage treatment facility, or any alteration, upgrade, repair, replacement, or expansion thereto, in full compliance with the permit as issued by the Department.

The licensee shall bear the complete cost of construction of the septage treatment facility, including all testing and inspection required during the construction phase by the Department and in the sanitary construction permit.

The licensee shall submit to the licensing authority and the Department, as required, a complete set of plans and specifications for the facility as built.

The approval of any submittal required hereto, by the licensing authority or Department does not exempt the licensee from conformance with other applicable regulations, covenants, contracts, policies, or enforceable provisions, including Critical Area restrictions, the Talbot County Groundwater Protection Plan, tidal and nontidal wetland restrictions, stormwater management regulations, sediment and erosion controls, reforestation requirements, zoning restrictions, and flood zone restrictions.

Operation:

Prior to authorization by the licensing authority to use and operate the septage treatment facility, the licensee shall submit an operating plan to the licensing authority, including general, maintenance, emergency and safety procedures for the use and operation of all units, components, equipment, processes, and systems. The operating plan shall include manufacturer's and safety data sheets for all major equipment units and identification and telephone listings of all operating personnel. The operating plan shall be revised, updated, or modified as required, to reflect the operational status of the facility. The operating plan shall satisfactorily address all requirements of local, state and federal regulations and permit provisions applicable to the approved septage treatment facility. The operating plan shall be submitted to and approved by the Department and licensing authority as required. The licensee shall bear all costs associated with preparation of the operating plan.

The licensee shall provide operating personnel as required to manage and operate the septage treatment facility in accordance with the permit and license.

The licensee shall assure that a testing and monitoring program is in effect at all times in accordance with the requirements of the permit and license. The services of a certified, independent laboratory shall be contracted as necessary to satisfy said monitoring requirements. Testing reports shall be submitted as required by the Department and licensing authority.

The licensee shall maintain all equipment maintenance and operations manuals, operating plans, safety data sheets, as-built plans, repair parts listings, permits, licenses, and personnel listings, and shall maintain operating files for administrative, personnel, maintenance, operation, inventory, and accounting records, necessary to manage the septage treatment facility. The County shall have the right to inspect, upon reasonable notice during normal business hours, all available books, records, maps, plans, financial statements, complaint logs and other like materials of the licensee relating to the operation of the facility licensed hereunder. Copies of all reports required by the Department as a condition of receiving a permit will also be provided to the licensing authority, upon request. The County may impose reasonable requests for additional information, records and documents from time to time.

(5)

The licensee shall assure that the septage treatment facility is continuously managed, operated, and maintained in full compliance with the requirements of the permit and license in effect and all applicable local, state, and federal regulations.

(6)

Should any changes or deviations from the operating plan or as-built conditions of the septage treatment facility occur or be considered, the licensee shall notify the licensing authority prior to implementation of such changes or deviations and provide any necessary amendments to the license agreement or permit.

(7)

Service provisions:

Service shall be provided fairly and uniformly to all septage haulers with valid liquid waste haulers' licenses (sanitary construction for scavenging licenses) issued by the Talbot County Health Department.

The licensee shall use its best efforts to collect all delinquent accounts. Service will not be refused to any delinquent hauler if said hauler agrees at any time to be placed on a mutually agreed-upon payment plan to clear the account. In all cases, the licensee shall provide the hauler and the licensing authority with at least 10 working days' written notice prior to the refusal of service.

(8)

The licensee shall maintain a listing of all complaints received concerning the operation of the facility. The licensee shall respond to and resolve complaints as quickly as possible. All complaints not resolved within 10 working days will be reported to the licensing authority.

§ 145-7 Access.

Permission for access and entry to all components of the septage treatment facility for purposes of inspecting, testing, monitoring, or observing shall be granted at any time during the development, construction, start-up, operation, correction, repair, replacement, or alteration of the facility to the Department, Talbot County Health Department, or licensing authority, or their agents, officials, designees or representatives.

§ 145-8 Ownership and jurisdiction.

Private ownership. All septage treatment facilities planned, approved, established, constructed and operated hereunder shall remain in the private ownership of the licensee except as provided in Subsections B or E. Nothing herein shall be claimed to create a joint venture or agency relationship between the County and any licensee. Neither party shall act toward third persons in a manner which would indicate such a relationship.

County-owned facilities. The County is authorized to and reserves the right to purchase, acquire, or construct a septage treatment facility when, in its best judgment, it is necessary in order to provide adequate capacity for septage treatment as specified in the plan or is otherwise necessary or expedient to protect the public health, safety, or welfare.

Transfer. Any transfer of ownership as defined in § 145-2 herein of any licensed septage treatment facility shall require advance written approval of the licensing authority before transfer of the license or the facility. A transfer shall not take place before the proposed new owner obtains all required permits and provides all required certificates of insurance and other documents required in §§ 145-5 and 145-9 herein. A transfer shall not take place until the licensing authority determines, based on satisfactory evidence provided by the proposed transferee, that the proposed new owner is qualified and capable to maintain and operate the facility in a proper and legal manner.

Abandonment. It shall be unlawful for any licensee of a septage treatment facility to abandon said facility or cease to operate and maintain it without providing written notice to the licensing authority at least one year prior to the termination of operation.

Condemnation. The County may acquire any septage treatment facility by eminent domain when, in its judgment, such action is necessary to promote or protect the public health, safety, or welfare. The County may operate, transfer, sell, lease, or otherwise convey or dispose of any such septage treatment facility so acquired when, in its judgment, such action would promote the public health, safety, or welfare.

§ 145-9 Financial assurances.

Prior to the issuance of a license for a septage treatment facility, the applicant shall provide to the licensing authority such financial assurances in the form of bonds, deposits, escrow accounts, letters of credit, sureties, insurance or other securities as necessary to assure the financial stability of the project through construction, start-up and operation. The applicant will provide the following:

Insurance. Suitable certificates of insurance, approved by the licensing authority, under the conditions and for all types of insurance specified below:

Insurance shall remain in effect for the duration of the license and any extensions or renewals thereof.

All insurance costs shall be funded by the licensee through user charges for the septage treatment facility.

The licensee shall immediately advise the County of any litigation that may develop that would affect the facility's insurance coverage.

Neither the provisions of this section nor any damages recovered by the County hereunder shall be construed to limit the liability of the licensee.

(5)

All insurance policies maintained pursuant to this license provision shall contain the following, or a comparable endorsement:

It is hereby understood and agreed that this insurance policy may not be canceled by the insurance company nor the intention not to renew be stated by the insurance company until 30 days after receipt by Talbot County, by registered mail, of a written notice of such intention to cancel or not to renew.

(6)

All liability insurance policies of the licensee maintained pursuant to this provision shall include the following hold harmless clause:

"The licensee agrees to indemnify, save harmless and defend the County, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorneys' fees for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise out of or in connection with the work covered by the licensee and performed or caused to be performed. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the County, its agents, servants, or employees or any other person indemnified hereunder."

(7)

All insurance policies required under these provisions shall be written by companies authorized to do business in the State of Maryland.

(8)

To offset the effects of inflation and to reflect changing liability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to review and reasonable adjustments at the end of every three-year period.

(9)

The licensee shall maintain and, by its acceptance of any license granted hereunder, specifically agrees that it will maintain throughout the term of the license, general liability insurance, with the County named as a coinsured, in the minimum of:

One million dollars for property damage per occurrence.

One million dollars for personal bodily injury to any one person.

(10)

Such general liability insurance must include coverage for all of the following: comprehensive form, premises, operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury.

(11)

The licensee shall maintain and, by its acceptance of any license granted hereunder, specifically agrees that it will maintain throughout the term of the license, automobile liability insurance for owned, nonowned, or rented vehicles used in conjunction with the operation of the septage treatment facility in the minimum amount of:

One million dollars for bodily injury and consequent death to any one person.

One million dollars for property damage per occurrence.

(12)

The licensee shall maintain and, by its acceptance of any license granted hereunder, specifically agrees that it will maintain throughout the term of the license workers' compensation and employers' liability, valid in the State of Maryland, in the minimum amount of:

Statutory limit for workers' compensation.

One million dollars for employers' liability.

(13)

The licensee shall, at its sole cost and expense, fully indemnify, defend and hold harmless the County, its officers, boards and commissions, and County employees against any and all claims, suits, actions, liability and judgments for damages (including but not limited to reasonable legal fees and expenses assumed by the County in connection therewith):

To persons or property, in any way arising out of or through the acts or omissions of the licensee, its servants, agents or employees, or to which the licensee's negligence shall have in any way contributed.