Dorchester County, MD
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioners of Dorchester County 10-10-1995 by Ord. No. 239.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets, roads and driveways — See Ch. 137.
Subdivision regulations — See Ch. 140.
Zoning — See Ch. 155.
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 131, Sanitary System Construction, adopted 9-21-1982 by Ord. No. 86.

§ 131-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
SANITARY CONSTRUCTION
The installation of pumps, septic tank systems or other individual sewage disposal systems and the practice of cleaning and disposing of the contents of septic tanks or other sewage disposal systems.

§ 131-2 Adoption of minimum requirements.

The requirements of COMAR 26.04.02, Individual Water Supply and Sewage Disposal Systems for Homes and Other Establishments in the Counties of Maryland Where Public Water Supply and Sewage Systems Are Not Available, of the State Department of Environment, shall be the minimum requirements of the Dorchester County Board of Health.

§ 131-3 Permit required; issuance; fees.

A. 
It shall be unlawful in Dorchester County for any person, firm or corporation to begin any work on the installation, replacement or major repair of individual sewage disposal systems or water wells or to remove and dispose of the contents of any septic tank without first applying for, on forms furnished by the Dorchester County Health Department, and obtaining a permit to do such work from the Dorchester County Health Department. Permits shall be issued only to persons, firms and corporations holding valid licenses to do such work in Dorchester County. The fees for all such permits shall be as follows, and are to be paid prior to the time of issuance:
Type of Permit
Fee
Sewage system construction (new)
$150.00
Sewage system replacement/repair
Septic tank, distribution box replacement, or pump station only
$50.00
Tile field, pit, BIP or other effluent receiver with or without septic tank or pump station replacement
$110.00
Well construction
$80.00
Cleaning and disposal of septic tank or cesspool contents
$5.00
Percolation testing or other subdivision soil evaluation:
Per individual site
$400.00
Per subdivision site
$250.00
Per central water & sewer (plat review flat rate)
$150.00
Shared facility (four lots or fewer)
$600.00
Shared facility (five to 14 lots)
$800.00
B. 
The fees referred to in this chapter may be changed from time to time at the pleasure of the County Commissioners of Dorchester County. However, no fee shall be increased unless a public hearing has been conducted thereon. A formal amendment to this chapter is not required to change the fees above set forth.

§ 131-4 Licensing requirements for businesses; performance bond.

It shall be unlawful in Dorchester County for any person, firm or corporation to engage in the business of installation of individual sewage disposal systems or to engage in the business of cleaning septic tanks without having first obtained a license to perform such work from the Dorchester County Health Department. Those persons, firms or corporations engaging in the business of installation of individual sewage disposal systems or the business of cleaning septic tanks shall post a performance bond for the amount of $2,000 with said Department. These licenses and bonds are to be renewed annually. The license fee shall be $75 annually and shall be issued to qualified persons, firms or corporations making written application on forms provided by the Dorchester County Health Department. Licenses shall be required only of persons, firms and corporations contracting to do such work and are not required for persons performing such work under the direct supervision of a licensed person, firm or corporation.

§ 131-5 Types of licenses; proof of qualification required prior to issuance; performance bond.

A. 
There shall be two types of licenses under this chapter to do work in Dorchester County as follows:
(1) 
Sewage system construction.
(2) 
Scavenger.
B. 
These licenses shall be issued by the Dorchester County Health Department upon payment of the required fee by persons, firms or corporations making necessary application and furnishing proof of qualification to contract for and perform such work. Proof of qualification may be in the form of valid licenses required by the laws of the State of Maryland that are held by the applicant or by demonstrating to the satisfaction of the Dorchester County Health Department of competency to do such work for which a license is applied, or both.
(1) 
Persons, firms or corporations desiring a license to install septic tank systems or other systems of sewage and waste disposal on properties not served directly by public sewerage systems shall be granted a license to do such work in Dorchester County only after such person, firm or corporation has demonstrated its competency and proficiency to the satisfaction of the Dorchester County Health Department and has in its possession the equipment necessary to do satisfactory work.
(2) 
Persons, firms or corporations desiring a license to engage in the business of scavenging (cleaning and disposing of the contents of septic tanks and other sewage and waste disposal facilities) shall be granted a license to do such work in Dorchester County only after such person, firm or corporation has demonstrated its competency and proficiency, is equipped with the necessary machinery to perform such work, has a lawful disposal site and carries out disposal procedures, all to the satisfaction of the Dorchester County Health Department.
C. 
Before any person, firm or corporation shall be granted a license under this chapter, it must post a performance bond with the Dorchester County Health Department conditioned upon the licensee's proper completion of work performed and in compliance with all laws, rules and regulations of the State of Maryland, Dorchester County or any incorporated town in Dorchester County pertaining to such work. The bond shall be for the sum of $2,000 and in such form as shall be prescribed by the Dorchester County Health Department.

§ 131-6 Suspension or revocation of license; notification and hearing.

The Dorchester County Health Department acting for the Dorchester County Board of Health shall have the power to suspend or revoke any license issued under this chapter if the same was obtained through fraud or if a licensee has for a second time willfully violated any of the provisions of this chapter. Whenever the Dorchester County Health Department shall find that such violation has occurred, the Dorchester County Health Department shall give written notice to the licensee that it contemplates the suspension or revocation of such license and shall give its reasons therefor. Said notice shall appoint a time and place of hearing before the Dorchester County Health Department and shall be mailed by certified or registered mail to the licensee affected. At the time of such hearing, the licensee may, personally or through legal representation, present such evidence as he deems fit, and, after hearing all the testimony, the Dorchester County Health Department shall decide the question in such a manner as to it appears just and right.

§ 131-7 Appeals.

Any applicant for a license or any licensee who shall feel aggrieved by the action of the Dorchester County Health Department in failing to issue or in suspending or revoking a license may, within 10 days after receipt of notice of such action, take an appeal therefrom to any court having equity jurisdiction in Dorchester County. The taking or pending of such appeal shall not suspend or affect any suspension or revocation issued by the Dorchester County Health Department. Either party to proceedings of such court action may appeal from the decision of said court to the Court of Appeals of Maryland.

§ 131-8 Disposition of moneys received.

All moneys received by and on behalf of the Dorchester County Health Department under the terms and provisions of this chapter shall be paid to the Treasurer of Dorchester County to be applied against the annual expenses of the Division of Environmental Health of the Dorchester County Health Department.

§ 131-9 Applicability of provisions.

A. 
This chapter shall not prevent an individual property owner from personally performing sanitary construction work on the property on which he resides or on any other property owned by him that is not being constructed or held for immediate or future sale, lease or rent, provided that all such work shall be carried out under a permit from the Dorchester County Health Department and is inspected and approved, when completed, by that Department.
B. 
This chapter shall not prevent maintenance employees of any plant or business from performing their duties of repairing or maintaining existing sanitary facilities at their place of employment. Permanent employees of this type will not be required to hold the sanitary construction license required by this chapter.
C. 
Sanitary construction permits will not be required for work on existing sanitary facilities in these establishments, but will be required for any new installation affecting the water supply system or sewage disposal system.

§ 131-10 Revision of rules and regulations.

The Dorchester County Health Department shall, from time to time, make, revise or revoke rules and regulations necessary to the administration of this chapter.

§ 131-11 Violations and penalties.

Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than $50 nor more than $200 for the first offense, and for the second or subsequent offense, such person, firm or corporation shall be fined not less than $100 nor more than $500.

§ 131-12 Short title.

This chapter may be cited as the "Dorchester County Sanitary System Construction Ordinance."