[HISTORY: Adopted by the County Council of
Talbot County 10-11-1994 by Bill
No. 559. Amendments noted where applicable.]
A.
In accordance with the Septage Management Plan, this
chapter establishes the provisions and procedures for licensing septage
treatment and disposal in Talbot County and requires that all septage
generated in Talbot County be disposed of at a facility permitted
by the Maryland Department of the Environment.
B.
This chapter is not intended to authorize disposal
of industrial wastewater, by-products, sludge, or sewage sludge at
any facility in Talbot County.
C.
The provisions of this chapter shall apply throughout
Talbot County, including the incorporated municipalities, except the
provisions shall not apply to septage treatment facilities owned by
political subdivisions or governmental bodies or agencies. There shall
be no other exclusions to the applicability of the provisions herein.
For the purpose of this chapter, the following
terms shall have the meanings given herein:
The comprehensive plan, and all amendments and revisions
to it, for the protection of surface, ground, and tidal water resources
and the provision of adequate water supply and sewerage systems, including
septage disposal facilities, whether publicly or privately owned,
throughout Talbot County, Maryland, including the incorporated municipalities.
The political subdivision of Talbot County, Maryland, or
its governing body, the County Council of Talbot County, Maryland.
The Maryland Department of the Environment.
The nonexclusive right granted by the County to own, operate
and maintain a septage treatment facility within the County. Licenses
will be valid for a period of 15 years and will be renewable.
The agreement mutually executed by a licensee and the County
for the development, operation and maintenance of a septage treatment
facility within the County.
Any monetary assessments or collected funds, payable by the
licensee to the County, other than the license fee, for costs incurred
by the County, or its assigns, in the monitoring of a septage treatment
facility.
The fee levied by the County, payable by the licensee to
the County, for the issuance of a license to operate and maintain
a septage treatment facility within the County.
The person(s), partnership(s), corporation(s), joint venture(s),
or organization(s) of any kind, which have been granted a license
by the County to operate and maintain a septage treatment facility
within the County.
A governmental body or agency, designated by the County Council
of Talbot County, to monitor and inspect the management and operation
of a septage treatment facility. The licensing authority for septage
management in Talbot County shall be the Talbot County Department
of Public Works.
Plan showing general maintenance, emergency and safety procedures
for all units, components, equipment, processes, and systems.
Fee simple ownership.
A client who receives the service of a user for the removal,
collection, and transport of septage from a septic tank or septic
system, owned by the client, for delivery to a septage treatment facility.
Installation of any septage treatment facility or facilities
and all plant appurtenances, structures, site modifications, surveys,
evaluations or activities associated with the development of a septage
treatment facility.
Liquid and solid material pumped or removed from chemical
toilets, septic tanks, seepage pits, privies, cesspools or holding
tanks when the system is cleaned or maintained.
A person, partnership, corporation, company, or organization
of any kind, possessing or required to possess a liquid waste hauler's
license (sanitary construction for scavenging license) issued by the
Talbot County Health Department authorizing collection and transport
of septage to a permitted septage treatment facility.
The plan and any amendments thereto, adopted through enactment
by the County Council of Resolution No. 68, an amendment to the Comprehensive
Water and Sewerage Plan to include the Septage Management Plan, effective
January 11, 1994.
Any liquid, solid, or liquid/solid mix residue from septage
which has been treated by a pathogen reduction process.
Any on-site installation of equipment, structures, utilities,
processes, reserved land areas, buffers, drainage controls or environmental
protection devices utilized in the permitted and licensed treatment,
storage, handling, disposal and utilization of septage.
Any person who collects, handles, transports, stores, treats,
disposes of, or utilizes septage.
Mid-shore region encompassing Kent, Queen Anne's, Caroline,
Talbot, and Dorchester Counties, including all incorporated areas
therein.
Permit issued by the Department to a septage utilizer for
the collection, handling, burning, storage, treatment, or disposal
of septage.
The disposal by the licensee, directly or indirectly, by
gift, assignment, voluntary sale, merger, consolidation or otherwise,
of 15% or more of the ownership or licensing interest in the system
at one time, or 30% cumulatively over the term of the license of such
interests to a corporation, partnership, limited partnership, trust
or association, or person or group of persons acting in concert. The
term "transfer" shall not apply to or restrict:
Any assignment between any parent and subsidiary
corporation or between entities of which at least 50% of the beneficial
ownership is held by the same persons; or
The mortgage, pledge, collateral assignment,
transfer in trust or grant of a security interest by a licensee to
its lenders, and their successors and assigns, of and in a franchise
and all rights of the licensee related hereto, to secure any indebtedness
or obligations of the licensee with respect to which a security interest
has been, or is hereafter, granted, or to the exercise by each of
the secured parties of its rights as a secured party in the event
of a default by the licensee in the payment or performance of any
of the licensee's indebtedness or obligations secured thereby;
Transfer as a result of the licensee's death
or incapacitation.
Any hauler, government entity, corporation, organization,
or person who is separately authorized to use a septage treatment
facility, to deliver septage for treatment and disposal by a licensee.
A.
It shall be unlawful to construct, operate, or use
a septage treatment facility which is not in compliance with the provisions
of this chapter.
B.
It shall be unlawful to dispose of septage generated
within Talbot County except at a septage treatment facility within
the service area which has a valid permit from the Maryland Department
of the Environment.
C.
It shall be unlawful to dispose of septage in Talbot
County except at a septage treatment facility licensed in accordance
with this chapter.
D.
It shall be unlawful to accept septage which was not
generated in the service area at a septage treatment facility constructed
and operated in accordance with these regulations.
The following authorizations and provisions
shall be applicable to the development, operation, and ownership of
septage treatment facilities in Talbot County:
A.
An owner may purchase, hold, lease, construct, own,
operate, repair, replace, modify, maintain, upgrade, or improve a
septage treatment facility only under a license agreement with the
County and as permitted by the Maryland Department of the Environment.
B.
The licensing authority may monitor or inspect a septage
treatment facility to ensure compliance with the terms and provisions
of the license agreement and permit requirements.
C.
The Talbot County Health Department may monitor or
inspect a septage treatment facility and make recommendations to the
licensing authority to ensure compliance with the terms and provisions
of the license agreement and permit requirements.
D.
The licensing authority shall authorize the establishment
of septage treatment facilities through the issuance of licenses for
the development and operation of said facilities. Such license issuance
shall be in conformance with state and federal requirements and all
applicable local, state and federal laws, policies, ordinances, and
regulations.
E.
The licensing authority shall honor all permits issued for septage treatment facilities by any state agency charged with the issuance of such permits, provided that such facilities comply with Chapter 190, Zoning, Subdivision and Land Development, of the Talbot County Code and the provisions of this chapter. Additional or stricter managerial and/or administrative standards may be adopted by County Council legislative action if determined to be in the best interest of the public.
A.
License application. The licensing authority shall
solicit license applications for the establishment of septage treatment
facilities as necessary to meet the septage management needs of Talbot
County through public advertisement of a request for license applications
and nonexclusive processing thereof under the procedure specified
herein. After the initial solicitation, license applications will
be processed as they are submitted.
B.
Contents of application.
(1)
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.
(2)
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.
C.
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.
D.
Issuance of license. The licensing authority shall
approve the application requesting a license for a septage treatment
facility only if it is determined that:
(1)
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
(2)
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.
E.
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:
(1)
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.
(2)
Issue a license for the operation and use of the proposed
septage treatment facility.
(3)
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.
The license agreement shall be of suitable form,
including provisions for fees, technical requirements, attachments,
submittals, bonds, and references, to address the following requirements:
A.
Fees.
(1)
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)]
(2)
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.
B.
Permits and licenses:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
C.
Construction:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
D.
Operation:
(1)
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.
(2)
The licensee shall provide operating personnel as
required to manage and operate the septage treatment facility in accordance
with the permit and license.
(3)
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.
(4)
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:
(a)
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.
(b)
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
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:
A.
Insurance. Suitable certificates of insurance, approved
by the licensing authority, under the conditions and for all types
of insurance specified below:
(1)
Insurance shall remain in effect for the duration
of the license and any extensions or renewals thereof.
(2)
All insurance costs shall be funded by the licensee
through user charges for the septage treatment facility.
(3)
The licensee shall immediately advise the County of
any litigation that may develop that would affect the facility's insurance
coverage.
(4)
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:
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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.
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(6)
All liability insurance policies of the licensee maintained
pursuant to this provision shall include the following hold harmless
clause:
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"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."
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(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:
(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:
(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:
(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):
(a)
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.
(b)
Arising out of licensee's failure to comply
with the provisions of any federal, state, or local ordinance or regulation
applicable to the licensee or its business.
B.
Financial management plan. A financial management
plan shall be submitted prior to the issuance of a license for a septage
treatment facility with an update provided annually thereafter. The
financial management plan shall suitably address all items of cost,
revenue, and profit required to construct, operate and maintain the
septage treatment facility, including a schedule describing rates
and charges of any kind. Pursuant to Md. Code Ann., State Government
Art., § 10-617, the County shall deny public inspection
of any part of an application that contains confidential commercial
or confidential financial information.
C.
Revenues. The licensee shall collect revenues through
user charges as necessary to fund all costs associated with the septage
treatment facility. The charge for septage disposal at each facility
will be set by the licensee, and all revenues will be collected by
the licensee. Licensee(s) will file with the licensing authority a
schedule describing rates and charges of any kind and all terms and
conditions thereto at least 30 days prior to any change. The rates
shall be nondiscriminatory and shall be applied fairly and uniformly
to all users. Rates shall be reviewed by the licensing authority and
the County Council to ensure general conformance with the licensee's
financial management plan.
A.
Violations. Violations will be subject to the provisions
for correction, enforcement, citation, conviction, and penalty as
specified herein. Each calendar day a violation continues shall constitute
a separate violation.
B.
Correction. The licensing authority, upon determination
that a violation exists, will certify and document each violation
and order whatever action necessary to abate or mitigate the violation
to ensure compliance with all applicable permits, licenses, and provisions
of this chapter. Such order shall be in writing and delivered to the
licensee. The licensee shall deliver a written response to the licensing
authority within five working days.
C.
Enforcement. If a satisfactory response to the order
for correction is not received within five working days, the licensing
authority or the Talbot County Health Department may take appropriate
enforcement action.
D.
Criminal violations. Willful violation of any of the
terms of a license agreement or any of the provisions of this chapter
shall be a misdemeanor punishable by a fine not to exceed $1,000 or
imprisonment not to exceed six months for any single offense. There
shall be a rebuttable presumption that the continued operation of
a septage treatment facility not in compliance with the permit, license
agreement, or provisions of this chapter for a period of 30 calendar
days following service of an order without corrective action is a
willful violation.
E.
Civil infractions. Violation of any of the terms of
a license agreement or of the terms of this chapter may, in the discretion
of the licensing authority, be prosecuted as a civil infraction. A
fine not to exceed $100 per violation may be imposed by the licensing
authority for a civil infraction. Procedures for civil infractions
shall be the same as those provided in Md. Code Ann., Local Government
Art., § 6-102 et seq., as amended from time to time, for
the violation of municipal ordinances and resolutions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Mandatory injunctive relief, damages, and costs. The
licensing authority or the Talbot County Health Department is authorized
to seek a mandatory or affirmative injunction to require the licensee
or his agents to comply with the terms and provisions of this chapter
or the licensing agreement. In addition, and without regard to whether
or not a mandatory injunction is requested or issued, the licensee,
his agents, and any other person violating the terms of this chapter
shall be responsible for all monetary damages caused to the County
by the violation, including the costs of enforcement and prosecution,
reasonable attorneys' fees, and court costs. All such damages and
costs shall be assessed in any civil or criminal enforcement proceeding
in which the County prevails.
G.
Remedies cumulative. The remedies provided herein
are cumulative and nonexclusive; pursuit of one remedy shall not bar
concurrent or subsequent pursuit of additional remedies except as
otherwise provided by law.
A.
Any interested person, or person aggrieved by a decision of the licensing authority shall have the right to file an appeal to the Talbot County Board of Appeals in accordance with the procedures for such appeals as specified by Chapter 20, Board of Appeals, of the Talbot County Code, the provisions of the Administrative Procedure Act, Md. Code Ann., State Government Art., § 10-101 et seq., the Maryland Rules of Procedure, or provisions for judicial review as stipulated in the Environment Article of the Annotated Code of Maryland. The Board of Appeals shall have the power to review decisions of the licensing authority pertaining to the issuance, renewal, denial, revocation, suspension, annulment, or modification of any license, permit, approval, exemption, waiver, certificate, registration, or other form of permission or of any adjudicatory order relative to the application or enforcement of this chapter. Any appeal to the Board of Appeals shall not operate as an automatic stay of the order or other decision of the licensing authority which is the subject of such appeal, nor will the pendency of any such appeal affect criminal or civil enforcement actions otherwise undertaken by the licensing authority.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any person aggrieved by a decision of the Board of
Appeals may appeal to the Circuit Court for Talbot County in accordance
with the rules and procedures governing such appeals.
C.
Costs for appeal shall not be allowed against the
County unless it shall be determined by the Court that the County,
or the licensing authority, acted with gross negligence, in bad faith,
capriciously, or with malice in making the appealed decision.
This chapter shall take effect 60 calendar days
from the date of its passage, except that the requirements for septage
disposal will not be effective until such time as there is at least
20,000 gallons per day capacity for septage generated in Talbot County
at licensed septage treatment facilities in operation in Talbot County.
Notice of the initial operation of licensed septage treatment facilities
will be published by the County in a local newspaper at least once
each week for three consecutive weeks, commencing at least 30 days
prior to the availability of licensed septage treatment capacity.
All septage haulers possessing a liquid waste hauler's license (sanitary
construction license for scavenging) valid in Talbot County will be
notified by certified mail at least 15 days prior to the opening of
each septage treatment facility in Talbot County.
