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.
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.
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.
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."