[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:
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."
