[HISTORY: Adopted by the County Council of
Talbot County 3-5-1991 by Bill
No. 443. Amendments noted where applicable.]
An emergency exists, in that failing septic
systems are prevalent in certain poorly drained areas of the County,
and it is likely that establishment of County (community) sanitary
sewerage systems will not take place in the foreseeable future, but
that properly established and administered shared sanitary facilities
could alleviate this problem in such areas.
[Amended 7-24-2001 by Bill No. 837]
This Shared Sanitary Facilities Chapter may be cited as the "Talbot County Shared Sanitary Facilities Law," and shall be codified under Chapter 152, Shared Sanitary Facilities, of the Talbot County Code.
It is the legislative finding of the County
Council of Talbot County that it is necessary for the existing and
future health, safety, and welfare of the general public that shared
sanitary facilities be permitted to be constructed and operated under
private ownership and under the regulatory supervision of the Talbot
County Department of Public Works.
The provisions of this chapter shall apply throughout Talbot County, including the planning areas of sanitary facilities owned by Talbot County, but shall not apply within the corporate limits of any municipality located in Talbot County, or as specifically prohibited by the policy or regulation of the approving authority. The provisions of this chapter shall not apply to any legally licensed or permitted shared sanitary facility in operation, existence, or under construction in Talbot County, nor to any expansion of such shared sanitary facility in operation, existence, or under construction, as of the effective date hereof; provided, however, that the provisions hereof may be applicable to said existing facility or facilities upon petition by the owner, or jurisdiction or order of the approving or controlling authorities pursuant to § 152-12 hereof. The provisions of this chapter shall not apply to sanitary facilities owned by political subdivisions or governmental bodies or agencies; nor to the extension, expansion, or continuance thereof under provisions of separate agreement as authorized by the controlling authority.
For the purpose of this chapter, the following
words and phrases shall have the meaning respectively ascribed to
them by this section:
One or more official, agent, or agency of local government,
designated by the local governing body or provisions of Md. Code Ann.,
Environment Art., Title 9, Subtitle 5, to take certain actions as
a part of implementation, administration, regulation, and enforcement
of the provisions hereof. The approving authority with jurisdiction
over the Talbot County Shared Sanitary Facilities Law shall be the
Talbot County Health Department.
Any system, whether publicly or privately owned, serving
two or more individual lots for the collection and disposal of sewage
or industrial wastes of a liquid nature, including various devices
for the treatment of such sewage and industrial wastes.
A source of potable water and a distribution system, including
treatment and storage facilities, whether publicly or privately owned,
serving two or more individual lots.
A governmental body or agency empowered by the County to
provide for management, operation, and continuous preventive and corrective
maintenance of a shared sanitary facility, as specified herein. The
controlling authority with jurisdiction over the Talbot County Shared
Facilities Law shall be the Talbot County Department of Public Works.
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, whether
an individual or community system or publicly or privately owned,
throughout the County, including incorporated municipalities.
The Maryland Department of the Environment.
Any person, group or corporate entity proposing to establish,
develop, construct, upgrade, expand, own, use or operate a shared
sanitary facility, as specified herein.
An estimated daily water supply or sewer capacity required
to serve a detached single-family residence. A "minimum equivalent
dwelling unit for service from an individual water supply system"
shall be defined as 180 gallons. A " minimum equivalent dwelling unit
for service from a community water supply system" shall be defined
as 250 gallons. Unless otherwise documented through specific engineering
determinations, the average equivalent dwelling unit shall be 450
gallons.
That area which is currently served by a community water
supply or sewerage system.
A work or works of shared sanitary facilities for which contract
plans and specifications have been completed; sanitary, sewer, or
water construction permits have been issued; and public works agreements
have been executed.
A system of sewers, piping, treatment tanks, or other facilities
serving a single undividable lot or one equivalent dwelling unit and
disposing of sewage or individual wastes of a liquid nature, in whole
or in part, on or in the soil of the property, into the waters of
the State of Maryland, or by other approved methods.
A system of piping, pumps, tanks or other facilities utilizing
a source of ground or surface water to supply potable water to a single
undividable lot or one equivalent dwelling unit.
A dock, wharf, or basin providing mooring for boats, which
contain on-board toilet facilities operated under public or private
ownership, either free or on a fee basis for the convenience of the
public or club membership.
Liquid pollution runoff, for which no specific outfall can
be identified.
Fee simple ownership. "Public ownership" shall mean ownership
by a government entity. "Private ownership" shall mean ownership by
a private entity.
Liquid pollution runoff, for which a specific outfall can
be identified.
A water or sewer service jurisdiction within which government-owned
sanitary facilities provide community service.
Any sewerage system for the collection, handling, treatment,
and disposal of liquid wastewater, septage, or sewage sludge; or water
supply system for the distribution, treatment and storage of potable
water; whether an individual or community system, or publicly or privately
owned.
Private ownership, other than the users.
All solid and liquid contents of chemical toilets, septic
tanks, seepage pits, privies and watertight holding tanks.
That area currently served by a community or shared sanitary
facility, or for which such service is allocated or reserved.
Any thickened liquid, suspension, settled solid, or dried
residue that a sewage treatment plant extracts from sewage.
Any sanitary facility or system privately owned, separately
or in common, by the users or the developer, serving two or more detached
single-family dwelling units or commercial facilities, on separately
recorded land lots or parcels; or three or more equivalent dwelling
units on the same lot or parcel; classified as follows:
LIMITED SHARED SANITARY FACILITY (CLASS I)A shared sanitary facility serving six or fewer land lots or parcels; or with total capacity of six or fewer equivalent dwelling units.
INTERMEDIATE SHARED SANITARY FACILITY (CLASS II)A shared sanitary facility serving more than six, but not more than 20, land lots or parcels; or with total capacity of more than six, but not more than 20, equivalent dwelling units.
MAJOR SHARED SANITARY FACILITY (CLASS III)A shared sanitary facility serving more than 20 land lots or parcels; or with total capacity of more than 20 equivalent dwelling units.
A work or works of shared sanitary facilities where actual
construction is progressing, or where a notice to proceed with a contract
for such work has been issued.
The owner of any property, land, parcel, or structure with
a separate and direct service connection from a single-family dwelling
unit, multiresidential unit, commercial unit, or equivalent thereof,
to a shared sanitary facility.
A.
It shall be unlawful to construct, upgrade, expand,
operate, or use a shared sanitary facility, in the unincorporated
area of Talbot County, which is not in compliance with the provisions
of this regulation. All facilities developed hereto shall be and remain
in the private ownership, either separately or in common, of the developer(s)
and/or user(s), and under the supervision and regulation of the approving
and controlling authorities, unless otherwise authorized or directed
in accordance with provisions for public ownership or system correction
as specified herein.
B.
No final subdivision approval, or final plat approval,
shall be executed for properties involving a shared sanitary facility
unless the said facility has been accepted by the approving and controlling
authorities as in the final planning stage, as defined herein.
C.
No building permit for property improvement involving
use of a shared sanitary facility shall be issued unless the said
facility is under construction, as defined herein.
D.
No occupancy permit for property improvements involving
use of a shared sanitary facility shall be issued unless the said
facility is approved and accepted as complete and usable by the approving
and controlling authorities.
E.
No new shared sanitary facility shall be permitted
in an existing service area for like sanitary utility service, except
as approved by the approving and controlling authorities in accordance
with comprehensive or facility planning directives. Should a publicly
owned community sanitary system be extended into the service area
of a shared sanitary facility, said facility shall be abandoned as
provided herein.
F.
Temporary or interim shared sanitary facilities, designed
or proposed for less than six years service to planned improvements,
pending priority extension of community facilities in accordance with
the Comprehensive Water and Sewerage Plan, shall be prohibited.
Excluded from the prohibition enacted herein shall be any legally licensed or permitted shared sanitary facility and expansion thereto, in compliant operation, existence or under construction in Talbot County, as of the effective date hereof, or as otherwise excluded under provisions of § 152-4, Applicability, herein.
The following authorizations and provisions
shall be applicable relative to the regulation and ownership of shared
sanitary facilities in Talbot County:
A.
A developer may purchase, hold, lease, construct,
own, operate, repair, replace, modify, maintain, upgrade, or improve
a shared sanitary facility only under contractual agreement with the
County and as permitted by the approving and controlling authorities.
B.
The controlling authority shall make such provisions
as are necessary to assure that all shared sanitary facilities within
its jurisdiction cannot be abandoned or otherwise made legally or
functionally inoperative unless said facilities are replaced by facilities
which provide equal service or better protection of the health of
the users and the public, except when the users no longer require
sanitary facilities.
C.
The controlling authority may establish, operate,
regulate, supervise, administer, monitor, inspect, or manage a shared
sanitary facility if this action does not violate any local, state,
or federal laws or regulations, is in accordance with effective terms
and provisions of contractual agreements and permit requirements,
is in compliance with the plan, and is in the best interest of public
health and safety.
D.
The controlling authority shall have the same powers
as in sanitary district service areas to be exercised as necessary
to assure proper development and service of shared sanitary facilities.
E.
The approving authority shall authorize establishment
of shared sanitary facilities through permit issuance for sanitary
construction of said facilities. Such permit issuance shall be in
conformance with required permits of state and federal agencies and
all applicable local, state, and federal laws, policies, ordinances,
and regulations.
F.
The approving authority shall review the actions of
the controlling authority and may order the controlling authority
to perform repairs or corrections, or establish ownership by the County,
as necessary to assure proper operations of shared sanitary facilities.
The controlling authority may not be the approving authority.
G.
The approving authority and controlling authority
shall honor all permits issued for shared sanitary facilities by any
state agency charged with issuance of such permits; provided, however,
that they may adopt or require additional or stricter construction,
operational, or managerial standards necessary for the proper development
and use of the shared sanitary facilities.
A.
Petition. The developer or owner(s) of a property
or properties desiring to construct or create a shared sanitary facility
must file a written petition with the controlling authority requesting
amendment of the Comprehensive Water and Sewerage Plan for priority
service classification to establish a shared sanitary facility. The
plan amendment shall be processed in accordance with applicable procedures
of the plan and regulations pertaining to planning water supply and
sewerage systems. The petition must be endorsed by notarized signature
of all owners to be served by the proposed shared sanitary facility
and must be accompanied by full payment of all required application
fees and supporting documentation as specified herein.
B.
Contents of petition. The petitioners shall provide,
at their own expense, all mapping, plans, data tabulations, studies,
environmental impact analyses, hydrogeological evaluations, schedules,
cost estimates, audits, and other documentation relating to the service
area delineation, service capacity, growth and expansion considerations,
and installation of the proposed shared sanitary facility, as specified
by the plan amendment procedures and rules or regulations adopted
pursuant hereto; and as requested by the controlling and approving
authorities.
C.
Action on petition. The controlling authority shall
approve the petition request for designation of a proposed shared
sanitary facility service area only if it is determined that:
(1)
The proposed shared sanitary facility is necessary
for the public health, safety, and welfare of the residents of the
County who will immediately, or in the future, be served by the proposed
shared sanitary facility;
(2)
It is technically and fiscally feasible to establish,
construct, and operate the proposed shared sanitary facility in accordance
with the provisions hereto and the requirements of applicable local,
state, and federal regulations and legislated policies;
(3)
There are no prohibitions in effect to preclude issuance
of any required permits pertaining to the establishment, construction,
and operation of the proposed shared sanitary facility; and
(4)
The proposed shared sanitary facility and service
area is consistent with planning goals and objectives.
D.
Appeal following petition denial. If the controlling
authority denies the petition, in whole or in part, the petitioners,
within 30 days after the denial, may appeal to the County Council.
Such appeal shall be in writing, including documentation of all proceedings
through the controlling authority and a statement of the reasons for
appeal. The County Council, in the event of an appeal, shall:
E.
Action following approval. Upon petition approval
by the controlling authority, or appeal decision approval of the County
Council, the controlling authority shall introduce legislation to
the County Council, in resolution format, for plan amendment to develop
the proposed shared sanitary facility. The resolution shall proceed
in accordance with the plan provisions and legislative regulations
for amendment, including the advertisement, procedure, and documentation
of public hearing. The time for legislative action for plan amendment
may be extended by the County Council. Should the County Council fail
to adopt the plan amendment for establishment of the shared sanitary
facility within 65 days from the date of introduction, the petition
shall be nullified.
F.
Action following amendment. With passage of a resolution
for plan amendment for establishment of the proposed shared sanitary
facility and related service area(s), the County Council authorizes
the controlling authority to:
(1)
Enter into an agreement with the petitioner(s) specifying
the procedures to be followed in the development, use and continuity
of the shared sanitary facility; and
(2)
File the adopted resolution for plan amendment and
the executed agreement for development among the Land Records of Talbot
County, Maryland. Any such resolution and agreement adopted hereunder
shall be deemed a covenant running with the land so affected or served.
The developer, applicant, owner, or petitioner
proposing to develop a shared sanitary facility shall consult with
the approving and controlling authorities throughout the planning
and construction phases as specified herein. A formally executed public
works agreement shall accompany and govern the development of all
authorized shared sanitary facilities established in Talbot County
hereto. The agreement shall be of suitable form, including provisions
for fees, technical provisions, attachments, submittals, bonds and
references necessary to address the following minimum procedures and
requirements:
A.
Fees.
(1)
Payment of all application fees must be received by
the controlling authority (payable to "Talbot County, Maryland"),
prior to introduction of a resolution for plan amendment to establish
the proposed shared sanitary facility. Such fees, due with submittal
of the petition for establishment of the requested facility, 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)
Application fees shall fund administrative and technical
review and inspection costs of the controlling authority associated
with the establishment, development, and construction of the shared
sanitary facility. Application fees are 85% refundable should the
application petition be denied, nullified, or withdrawn.
B.
Permits:
(1)
The owner shall submit, as required by the controlling
and approving authorities and prior to any construction activities
or site disturbance, copies of all permits required to develop the
proposed construction, alteration, expansion, extension, or replacement
of the approved shared sanitary facility.
(2)
The owner shall secure all required permits for operation
of a constructed shared sanitary facility, or alteration, expansion,
extension, or replacement thereto, prior to approval by the approving
and controlling authorities, for start-up, use, and operation of said
facility.
(3)
Permits for construction and operation of the proposed
shared sanitary facility shall include all permits required by local,
state, and federal regulations, including the National Pollution Discharge
Elimination System (NPDES) program, applicable to the development
and operation of said facility.
(4)
No owner or developer shall construct, alter, or extend
a shared sanitary facility in the County without having received a
sanitary construction permit therefor from the approving authority.
No such permit shall be issued without approval of all required submittals
by the approving and controlling authorities.
(5)
Subject to the provisions of § 152-4, above, no owner or developer shall start, operate, or use a constructed or altered shared sanitary facility in the County without having received an operating permit therefor from the controlling authority. No operating permit shall be issued or renewed without receipt and approval of all required submittals, including audits and/or financial management planning documents, as specified herein. The operating permit shall be renewed annually by July 1.
(6)
The owner shall be responsible to renew, extend and
maintain in a current status all permits as required by the Department
and the approving and controlling authorities. No local operating
permit shall be renewed or extended without the valid status of other
state or federal operating or discharge permits required.
(7)
The owner shall bear the complete costs for all permits
necessary to develop and operate the shared sanitary facility. All
permits issued by the approving and controlling authorities shall
be to the owner and are nontransferable. Transfer of ownership shall
require the new owner to secure new permits.
C.
Plans and specifications:
(1)
No permit for development of a shared sanitary facility
shall be issued until complete plans and specifications for construction,
alteration, expansion, extension, or replacement of said facility,
together with such additional information as may be required, have
been submitted to and approved by the Department or controlling and
approving authorities.
(2)
Such plans and specifications shall assure compliance
with all applicable codes and regulations, including building, plumbing,
electrical and sanitary construction codes in effect, and shall address
applicable policy requirements pertaining to water and sewerage plan
objectives, land use plan objectives, groundwater protection plan
criteria, critical area regulations, zoning and subdivision regulations,
stormwater management, sediment and erosion control, wetlands protection,
and other controls and design criteria as may be directed by local,
state, or federal policies and regulations.
(3)
Additional supplementary or supporting design information
in such form of study, evaluation, report or survey as required, including
cost data, shall be submitted prior to final approval of the plans
and specifications by the controlling and approval authorities.
(4)
Where so required by applicable regulations, or by
the controlling and approving authorities, plans and specifications
for the development of a shared sanitary facility shall be certified
in signature and seal by a professional engineer registered in the
State of Maryland.
(5)
Plans and specifications shall be submitted to and
approved by the Department as required prior to issuance of a permit
by the approving authority for development of a shared sanitary facility.
(6)
No deviations from the approved plans and specifications
shall be constructed in the development of the shared sanitary facility
without approval by the controlling and approval authorities, and
as may be further required by the Department.
(7)
Upon completion of construction of the shared sanitary
facility, the owner shall submit to the controlling and approval authorities
and the Department, as required, a full and complete plan and documentation
of the system as built.
(8)
The developer shall bear the complete cost of the
design plans and specifications for the shared sanitary facility,
including any supplemental estimates, studies, evaluations, reports,
or surveys required by the Department or the controlling and approving
authorities.
(9)
Approval of any submittal required hereto, by the
controlling and approving authorities or the Department, does not
exempt the development of the shared sanitary facility from conformance
with other applicable regulations, covenants, contracts, or enforceable
provisions.
D.
Construction:
(1)
The developer shall be responsible for the construction
of an approved shared sanitary facility or any alteration, upgrade,
repair, replacement or expansion thereto, in full compliance and accordance
with the required public works agreement, approved plans and specifications,
and all permits issued and in effect.
(2)
The developer shall bear the complete cost of construction
of the shared sanitary facility, including required testing and inspection,
quality control, design modifications approved during construction
and supplemental estimates, studies, evaluations, reports, or surveys
required by the Department or the controlling and approving authorities
during the construction phase.
(3)
The developer shall perform all corrections ordered
by the Department or the controlling and approving authorities during
the construction phase, and shall bear all costs for same.
(4)
The developer shall submit all bidders' lists, subcontractors'
listings, contractor qualification statements, bonds, and insurance
certificates, construction schedules, equipment and material submittals,
equipment and parts listings, test results, equipment and system calibrations
and certifications, warranties, data sheets, records, operation and
maintenance manuals and other installation and operational information
and compilations as required by the Department, or approving and controlling
authorities.
(5)
The Developer shall provide all inspection, testing,
quality control, and certification services as required to assure
construction in compliance with the approved design. Such services
shall be defined prior to construction and provided as specified through
the construction phase.
(6)
Upon satisfactory completion of all requirements of
construction, the developer shall submit to the controlling authority
certification of payment and release of liens pertinent to all design,
construction and service contracts associated with the development
of the shared sanitary facility.
E.
Start-up and acceptance:
(1)
Upon satisfactory completion of all requirements of
construction, the developer shall secure the services of the design
engineer to start the facility in operation and certify, in writing,
that all components, processes, equipment, systems and units are operable
in accordance with the approved design.
(2)
The controlling authority shall verify satisfactory
construction and start-up of the shared sanitary facility and authorize
its use, in writing, under provisions of applicable operating permits
issued and in effect. No authorization for use and operation of the
shared sanitary facility shall be valid without the effective status
of all required permits and licenses.
(3)
Prior to start-up and authorization by the controlling
authority for use and operation of the shared sanitary facility, the
developer shall submit an operational plan, including general, maintenance,
emergency and safety procedures for the use and operation of all units,
components, equipment, processes, and systems constructed with the
shared sanitary facility. The operational plan shall include manufacturers'
and safety data sheets for all major equipment units, spare and repair
parts inventory listings, and identification and telephone listings
of all operating personnel. The operational plan shall be revised,
updated, or modified as required, to reflect the operational status
of the facility. The operational plan shall be prepared and certified
by the design engineer and shall satisfactorily address all requirements
of local, state and federal regulations and permit provisions applicable
to the approved shared sanitary facility. The operational plan shall
be submitted to and approved by the Department and approving and controlling
authorities as required. The developer shall bear all costs associated
with preparation of the approved operational plan.
F.
Schedule. The development and construction of a shared
sanitary facility shall proceed in accordance with the priority classification
for service as amended to the plan. For immediate priority status,
this means the shared sanitary facility shall be placed into operation
within three years from the effective date of plan amendment to establish
the shared sanitary facility. Should this schedule not be achieved,
the authorization petition for development and construction of the
shared sanitary facility may be nullified. An extension of not more
than one year shall be considered if requested by the developer, in
writing, within six months prior to the date of expiration. No additional
extensions shall be permitted.
G.
Operation:
(1)
Prior to operation and service of the completed shared
sanitary facility, the developer shall submit in approved form and
content, as required attachments to the public works agreement for
recording among the Land Records of Talbot County, Maryland, the following
items:
(a)
A maintenance and use agreement among the users
and developer of the shared sanitary facility, providing for and defining
the ownership of said facility by the owners of the properties served
thereby, the developer, or an organization, association, or corporate
entity established to own and operate the facility. The maintenance
agreement shall identify an owner's contact representative with authority
to respond to orders of the Department, controlling and approving
authorities on matters related to the use, operation, licensing, and
permitting of the shared sanitary facility. The maintenance agreement
shall provide for the continuous operation, maintenance, repair, and
replacement of the shared sanitary facility at the expense of the
owners of the properties served thereby. The maintenance agreement
shall be structured to include future service areas or users incorporated
through approved extension or expansion of the shared sanitary facility
and shall include specific use and service connection requirements
applicable to all users. Such use provisions shall be compatible with
applicable regulations.
(b)
A financial management plan which identifies
all costs for capital installation, operation, maintenance, service,
depreciation, and insurance of the shared sanitary facility and assessments
for collection of revenues from users to balance said costs. The financial
management plan shall be updated and submitted annually with application
for the operating permit renewal.
(2)
The developer or owner shall secure and maintain all required operating permits and/or licenses required as specified in § 152-10B herein.
(3)
The developer or owner shall provide a staff of operating
personnel as required to manage and operate the shared sanitary facility
in accordance with the operating permit(s) in effect. The plant operator
shall be certified in accordance with applicable state regulations
for the class of facility permitted.
(4)
The developer or owner shall assure that a testing
and monitoring program is in effect at all times in accordance with
the requirements of the operating permit(s). The services of a certified,
independent laboratory shall be contracted as necessary to satisfy
the monitoring requirements of the shared sanitary facility. The costs
for such services shall be included in the financial management plan
as an operational expense. Testing reports shall be submitted as required
by the Department and approving or controlling authorities. Supplemental
tests shall be conducted as requested by the Department and approving
or controlling authorities, at the expense of the facility users.
(5)
The developer or owner shall provide record storage
for equipment maintenance and operations manuals, operational plans,
safety data sheets, as-built plans, repair parts listings, permits,
personnel listings; and shall maintain operating files for administrative,
personnel, maintenance, operation, inventory, and accounting records,
necessary to manage the shared sanitary facility.
(6)
At the end of one year of operation after initial
start-up, and if the facility is serving at least 10% of its design
capacity, the design engineer shall certify, in writing, that the
shared sanitary facility is operating in accordance with the design,
permit, and regulatory requirements. With such certification, and
with completion of all outstanding items of construction or warranty,
any active maintenance bonds will be released and terminated.
(7)
The developer or owner shall assure the shared sanitary
facility is continuously managed, operated, and maintained in full
compliance with requirements of the permit(s) in effect and applicable
local, state, and federal regulations.
A.
Permission and license for access and entry to all
components of the shared sanitary facility for purposes of inspection,
testing, monitoring, or observation shall be granted at any time during
development, construction, start-up, operation, correction, repair,
replacement, or alteration of the facility, to the Department and
the approving and controlling authorities, or their agents, agencies,
departments, officials, designees, and representatives.
B.
Provision of access shall include establishment of
easements and rights-of-way over private properties as necessary to
assure continuity of access. The cost of preparing and recording such
property encumbrances shall be borne by the developer or owner of
the shared sanitary facility. Easements and rights-of-way shall be
in such form as approved by the County Attorney prior to recordation.
C.
Access and entry shall be available through all phases
of establishment, development, construction, and operation of the
shared sanitary facility.
D.
The developer or owner shall pay such fees and reimbursements
as the approving and controlling authorities, in their sole discretion,
determine necessary and appropriate for additional inspection activities
during construction and operation of the shared sanitary facility
to assure compliance with the agreements, permits, or regulations
in effect.
A.
Private ownership. It is the intent of this regulation
that all shared sanitary facilities, planned, approved, established,
constructed, and operated hereunder, shall remain in the private ownership
of the developer, users, or special entity as suitably defined by
the required maintenance and use agreement. The ownership of existing
privately owned shared sanitary facilities shall remain unchanged,
unless acquired by the controlling authority as specified herein.
B.
Jurisdiction. Notwithstanding § 152-4, above, the approving and controlling authorities shall have jurisdiction over all shared sanitary facilities constructed after the effective date hereto, and all existing shared sanitary facilities within the unincorporated areas of Talbot County which are subject to the laws of the Public Service Commission of Maryland. Such jurisdiction shall include authorization for permitting, inspection, monitoring, and enforcement as specified herein, or as otherwise required by applicable local, state, or federal regulation. Should such jurisdiction be extended to existing shared sanitary facilities, the requesting authority shall conduct a public hearing in accordance with applicable regulations for plan amendment, including a notice which shall be published locally at least two weeks in advance, providing details, intentions and reasons the jurisdictional action is sought.
C.
Acquisition. The controlling authority is authorized
and empowered to purchase or acquire by gift any shared sanitary facility,
or parts thereof, necessary for the purpose of providing adequate
sanitary utility service for the residents of Talbot County. Such
acquisitions shall proceed through the plan amendment process, involving
petition, public hearing, and approval by the County Council, and
shall be executed under terms of a public works agreement to which
all owners are party.
D.
Transfer. Transfer of ownership of any shared sanitary
facility under the jurisdiction of these provisions shall require
reissue of all permits in effect by the approving and controlling
authorities, registered notification of all users, and revision of
all plans, records, and agreements as necessary to coordinate the
new ownership with continued development or operation of the facility.
The controlling authority may require any statements necessary to
assess the financial stability of the new owner. The responsiveness
of the new owner shall be demonstrated prior to the effective date
of the transfer of the shared sanitary facility. Should the transfer
occur before the assessment of the new owner is approved by the controlling
authority, or should it be evident in the judgment of the controlling
authority that the new owner is not qualified or capable to construct,
maintain, and operate the facility in a proper and legal manner, the
operating permit may be withheld and the facility seized under a condemnation
action by the County Council, as specified hereinafter.
E.
Abandonment. It shall be unlawful for any owner of
a shared sanitary facility to abandon ownership and management of
said facility without suitable and legal provisions for its continued
and uninterrupted service in accordance with all permit and regulatory
requirements. If such abandonment occurs, the owner shall be subject
to the provisions of penalty for violation and the facility seized
under a condemnation action by the County Council, as specified hereinafter.
F.
Condemnation. In the event of default, abandonment,
or service deficiency for the residents of Talbot County, pertaining
to the construction, operation, and maintenance of a shared sanitary
facility, or part thereof, or should it be otherwise proper and advisable,
as determined by the controlling authority, to acquire a shared facility,
or part thereof, and should the conditions for purchase, acquisition,
or take-over of said facility be unavailable through normal procurement
procedures, the County Council may seize the facility in the same
manner as it is empowered to acquire land. In the condemnation of
shared sanitary facilities, the jury shall take into consideration
as a part of their award, after assessment of costs for corrections
of conditions of default as determined by the controlling authority,
any payment, contribution, assessment or tax upon the respective lot
owners or purchasers toward the construction and operation of said
facilities, and, where said facilities have been built in connection
with or for the purpose of developing home sites, subdivisions or
villages, or by any individual, firm or corporation, and such facilities
have been offered as an inducement for the purchase of a lot or land
therein, the jury shall deduct from the determined value of the plant
or system such sum as it may reasonably determine was added to the
purchase price of said land or lots in the sale thereof for the purpose
of constructing said facilities. Privately owned systems shall be
taken by said condemnation by the County free and clear of all debts
and liens, but the County shall make a party defendant any person,
firm or corporation having any recorded lien or encumbrance against
same, and the Circuit Court is hereby empowered and authorized to
determine the respective amounts due the defendants, and from and
after payment to the Court or to the proper parties, the County Council
shall be authorized to take possession of, maintain and operate said
facilities as a part of its system, and from the date of such payment,
all properties along the line of any sewer of the facilities so acquired
shall stand in the same relation, bear the same benefit and use assessments
and be subject to the same regulations and penalties as though the
facilities so acquired had been constructed and put into operation
by the County Engineer or authorities specified under the provisions
for sanitary construction and environmental protection of the Talbot
County Code.[1]
With development of an approved shared sanitary
facility, the controlling authority shall require such financial assurances
in the form of bonds, cash deposits, escrow accounts, letters of credit,
sureties, insurance or other suitable securities as necessary to assure
the financial stability of the project through construction, start-up,
operation, repair, replacement and continuity of use. The owner shall
provide the following minimum coverages as required by the controlling
authority, or as otherwise specified:
A.
Construction bond. A suitable performance bond for
construction equal to at least 120% of the estimated value of construction
or the acceptable low bid for construction, in favor of and payable
to Talbot County, shall be continuously effective through the performance
period to construction completion. The controlling authority may reduce
the bond amount in accordance with the value of work remaining, dependent
on the satisfactory performance of the construction requirements.
In the event that work is proceeding in a manner not in accordance
with the requirements for development of the shared sanitary facility,
the controlling authority may initiate action for, or order, completion
of work by the County, utilizing bond funding.
B.
Maintenance bond. A suitable maintenance bond shall
be provided, effective through a minimum warranty period of one year
from the date of satisfactory completion of the constructed shared
sanitary facility and equal to at least 50% of the value of the constructed
facility. The maintenance bond shall be in favor of and payable to
Talbot County and shall be released upon operational certification,
as specified herein, at the end of the warranty period. In the event
that deficiencies are uncorrected, or the facility is not operating
in accordance with the requirements of permit or regulation, the controlling
authority may initiate action for, or order, performance of the necessary
repairs or corrections utilizing bond funding.
C.
Facility fund. The owner shall establish a facility
fund for major repair and replacement, at the time of start-up of
the shared sanitary facility, consisting of 10% of the value of the
constructed facility. The facility fund shall be subsidized in the
minimum amount of 2.5% of the value of initial construction, each
year after start-up, through assessments of connection, service, and
use fees as approved in the user charge plan and accrued interest
compounded into the fund. The facility fund shall be maintained at
a minimum worth of 10% of the value of initial construction.
D.
Insurance. The owner shall obtain and continue adequate
insurance protection for damage and liability, effective from the
date of start-up of the shared sanitary facility. Minimum insurance
coverages shall be for property damage in the amount of 10% of the
current cost of replacement or capital value of the facilities, and
for general liability in the amount of $300,000. Current certificates
of insurance shall be submitted to the controlling authority requisite
to the operating permit issuance or renewal. All costs for insurance
protection shall be funded by the owner and/or user charges for operation
as approved in the financial management plan. If necessary, and if
so requested at any time by the approving or controlling authorities,
insurance certificates shall be revised payable to and upon due claim
by the County.
E.
Financial management plan. A financial management
plan shall be submitted prior to start-up and operation of the shared
sanitary facility and with annual application for the operating permit
renewal. The form and content of the financial management plan shall
be as required by the Department or controlling authority and shall
suitably address all items of cost and revenue required to use, operate,
maintain, repair and replace the shared sanitary facility. The financial
management plan shall identify all revenues required to fund costs,
including user charges and assessments, and any other information
requested to demonstrate the financial status of the shared sanitary
facility. The financial management plan, or designated parts thereto,
shall be recorded among the land records for the properties of the
users or the shared sanitary facility or attached to the plan as ordered
by the controlling authority.
F.
Revenues. The owner shall collect revenues through
user assessments as necessary to fund costs associated with the development,
construction, use, operation, administration, management, maintenance,
improvement, repair, replacement, or correction of the approved shared
sanitary facility. Such revenues shall be available to the controlling
authority for funding of ordered corrections as specified herein.
Revenue assessments shall be properly audited as required in the financial
management plan and shall be in accordance with applicable regulations
and policies of the Maryland Public Service Commission. It shall be
unlawful for the owner to assess and collect revenues from users of
the shared sanitary facility in excess of the funds necessary to comply
with the approved financial management plan.
G.
Assessments. In the event that the County, approving,
or controlling authorities shall accrue costs for corrections, improvements,
repairs, condemnation, operation, construction, completion, repair,
maintenance, replacement, or expansion associated with the continuity
and compliance of use of the shared sanitary facility, said costs
shall be assessed against the owners of the facility and the users
served thereby. The assessments provided for herein shall become a
lien upon each property served by the shared facilities and any lands
held in common. The lien shall be created by the filing of a notice
of assessment in the Talbot County Finance Office, with a copy thereof
to the property owner affected thereby. Said lien shall be enforced
by the Finance Office for Talbot County in the same manner that liens
for unpaid real estate taxes are enforced. No property subject to
the lien described herein shall be transferred until said lien has
been discharged. The lien shall be subordinate only to federal, state
and local tax liens, or other governmentally imposed liens in effect.
A.
Misdemeanor. The owner shall be responsible to assure
that the shared sanitary facility is developed, constructed, altered,
expanded, used, operated and maintained in full compliance with all
effective permits and applicable provisions of this chapter. Any violations
of said permits or provisions, as determined by the Department, or
the controlling or approving authorities, shall constitute a misdemeanor
or civil infraction, subject to the provisions for enforcement, citation,
conviction, and penalty as specified herein.
B.
Violation. Each item of noncompliance with effective
permits, applicable provisions of this chapter, or order to correct,
and each day of occurrence of such noncompliance, as determined by
the Department, or the approving or controlling authorities, shall
constitute a violation and be subject to citation as a separate offense,
except when corrective action is in progress in accordance with specific
orders of the Department, or the approving or controlling authorities.
C.
Enforcement. The controlling authority shall be the
enforcement office for the Talbot County Shared Sanitary Facilities
Law. Under this provision the controlling authority may deliver a
citation which certifies and documents each violation, orders corrections
determined to be necessary to abate or mitigate the conditions and
circumstances for violation, assesses applicable fines and penalties
as specified herein, and gives notice of the right of trial against
the citation for violation.
D.
Correction. The controlling authority, upon determination
of an instance of violation, with or without the request of the approving
authority, may order the owner to take whatever corrective action
is necessary to return the status of the shared sanitary facility
to compliance with the effective permits and applicable provisions
of this chapter. Such order for correction shall be issued in writing
and suitably responded to, as directed, within 24 hours for an emergency
violation and within 30 days for a nonemergency violation. An emergency
violation shall be determined as a condition requiring corrective
action in order to protect the public health, safety, or welfare in
the use and operation of the shared sanitary facility. Costs of ordered
corrections, whether performed by the owner or the controlling authority,
shall be borne by the owner and/or users through application of available
funds of the required financial assurances as specified herein.
E.
Penalty:
(1)
Criminal conviction. A fine not to exceed $1,000 or
imprisonment not to exceed 30 days shall be charged to the owner for
conviction of each violation for which the owner fails to correct
or respond to as ordered by the controlling authority and which results
in, or is related to, a public health and safety hazard. The user
of the land upon which the violation occurs or exists, as well as
the owner of the shared sanitary facility and any other person who
commits, participates in, assists in or maintains such violation,
may be found guilty of a separate offense and suffer the penalties
herein provided. To the maximum extent reasonable, the court shall
order, in addition to orders of the controlling authority, any actions
as the court may deem appropriate to safeguard against continuing
or future violations of this chapter. Such action shall include, but
not be limited to, seizure of all properties and assets of the shared
sanitary facility, by the County, for immediate control, use, and
operation of the facility under condemnation procedures as specified
herein.
(2)
Civil infraction. A fine not to exceed $100 per violation
may be imposed by the controlling authority as a civil infraction.
A person who receives a citation for civil infraction may elect to
stand trial for the offense by filing with the controlling authority
a notice of intention of same within 15 days of receipt of the citation.
The controlling authority shall forward, to the District Court having
venue, a copy of the citation and the notice of intention to stand
trial. On receipt of the citation, the District Court shall schedule
the case for trial and notify the defendant of the trial date. All
fines, penalties, or forfeitures collected by the District Court for
civil infraction violations shall be remitted to Talbot County. If
election of trial is not found within 15 days and the citation is
not satisfied, the controlling authority may request adjudication
of the case through the District Court. The District Court shall schedule
the case for trial and summon the defendant to appear. Adjudication
of a violation under this provision for civil infraction is not a
criminal conviction, nor does it impose any of the civil disabilities
ordinarily imposed by a criminal conviction. In a proceeding before
the District Court, the violation shall be prosecuted in the same
manner and to the same extent as set forth in municipal infractions
in Md. Code Ann., Local Government Art., § 6-108 through
§ 6-115. The County Council may authorize the County Attorney
to prosecute a civil infraction violation. If a person is found by
the District Court to have committed a civil infraction violation,
he shall be liable for the costs of the proceedings in the District
Court.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
There shall be no provisions for exceptions
and variances available in this chapter. A waiver may be granted for
any provision, or part thereof, by the controlling authority. Such
waivers shall be specific to each facility project at the discretion
of the controlling authority, but shall not be granted if the protection
of the public interest, health, safety and welfare is adversely affected,
or if such waivers are prohibited by the Department, the approving
authority, the provisions of the plan, or any other local, state,
or federal regulations in effect.
A.
Any developer, owner, user, or citizen aggrieved by
a decision of the Department or approving authority shall have the
right to have the decision reviewed in accordance with the provisions
of the Administrative Procedure Act and the Maryland Rules of Procedure,
or provisions for judicial review as stipulated in the Environment
Article of the Annotated Code of Maryland.
B.
Any developer, owner, user, or citizen aggrieved by a decision of the controlling authority, except as considered by the County Council as specified in § 152-9D herein, shall have the right to hearing before the Talbot County Board of Appeals, in accordance with the procedures for such hearing as specified by Chapter 20, Board of Appeals. The Board of Appeals shall have the power to decide on appeals pertaining to administrative review alleging error in approval, order, requirement, decision, or determination by the controlling authority in the enforcement of this chapter, and the allowance of waivers applicable as specified hereinabove, pertinent to the development, construction, start-up, use, operation, maintenance, repair, improvement, expansion, alteration, or replacement of the shared sanitary facility.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Any person aggrieved by any decision of the Board
of Appeals, with regard to this chapter, may appeal the decision to
the Circuit Court for Talbot County in accordance with the rules and
procedures applicable and in effect for the Circuit Court.
D.
Costs for appeal shall not be allowed against the
County unless it shall be determined in court that the County, or
the controlling authority acted with gross negligence, in bad faith,
capriciously, or with malice in making the appealed decision.
