[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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Dorchester County Health Department shall, from time to time, make,
revise or revoke rules and regulations necessary to the administration of
this chapter.
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.
This chapter may be cited as the "Dorchester County Sanitary System
Construction Ordinance."