[1972, ch. 739, § 2; 1988, ch. 227, § 2]
A.
Cecil County is hereby declared to be a sanitary district for the
purpose of the exercise of the powers vested by this chapter in the
County Executive (hereinafter referred to as "the County"), provided
that the County shall exercise no authority over the operation or
construction of the sewerage, water and drainage facilities of any
incorporated municipality, except over such facilities within the
corporate limits of any municipality over which the County or County
agency may have exercised jurisdiction prior to June 1, 1972; except
that the County may, upon petition by the governing body of a municipality,
enter the incorporated municipality in cooperation with said municipality
for the operation, construction and maintenance of water, sewerage
and drainage facilities within such municipality; and provided, further,
that the County may, either jointly with an incorporated municipality
or independently, acquire by purchase or condemnation any land, structure,
building or franchise of a privately owned water or sewerage system
within any municipality. Water, sewerage and drainage facilities of
any incorporated municipality shall not be extended beyond the corporate
limits of such municipality without the express approval and authority
of the County, except that such approval shall not be required in
the event of annexation by such municipality pursuant to Article 23A
of the Annotated Code of Maryland.
B.
Nothing in this chapter shall be construed as impairing the validity
of any bonds issued prior to June 1, 1972, by the Cecil County Metropolitan
Commission and guaranteed by Cecil County, Maryland.
C.
In exercising the powers granted by this subtitle, the County shall
not be subject to the provisions of any planning regulations or zoning
ordinances enacted under the provisions of Article 66B of the Annotated
Code of Maryland.
[1972, ch. 739, § 2; 1988, ch. 227, § 2]
For the purpose of carrying out the provisions of this chapter,
the Sanitary District shall be under the jurisdiction and control
of the County Executive.
[1972, ch. 739, § 2]
The Director of Public Works of Cecil County, appointed pursuant to the provisions of Chapter 87, Department of Public Works, of this Code shall be the chief administrative officer of the Cecil County Sanitary District and will serve in such capacity under the title of "Director of Sanitary Facilities." It shall be the duty of such Director to execute the policies of the County within the provisions of this chapter. The Director of Sanitary Facilities shall appoint such engineering, legal, advisory, clerical and other personnel as in his judgment are necessary for carrying out the provisions of this chapter, and such personnel shall be paid at such wage or salary scales as may be approved by the County Executive.
[1972, ch. 739, § 2]
The Director of Sanitary Facilities shall annually, on or before
the first of July, prepare and file a report with the County Executive
on the physical plants and equipment of the sanitary district, a statement
of the activities of the sanitary district during the preceding fiscal
year, and a statement of activities proposed to be undertaken during
the ensuing fiscal year and such other statistical and financial matters
in connection with the sanitary district as may be of interest to
the County Executive and to the taxpayers.
[1972, ch. 739, § 2]
The County shall publish annually in a newspaper of general
circulation published in the County a full and true account of the
receipts, expenses and expenditures under this chapter, showing in
full the financial condition of all accounts and funds relating to
the sanitary district. Prior to such publication, the accounts relating
to the sanitary district shall be audited by a certified public accountant
to be employed and paid by the County Executive out of such sanitary
district funds as may at the time be available.
[1972, ch. 739, § 2; 1988, ch. 227, § 2]
The County Executive is hereby expressly authorized and empowered
to establish, construct, locate, maintain, operate, protect, preserve,
repair, replace, extend or enlarge any water supply, water supply
system, water main, sewer, sewer system, sewage disposal plant or
field, reservoir, dam, water purification or filtration plant, tank
or pumping station and drains of any and every kind, nature and description,
and all other facilities, appurtenances and adjuncts that may be required
for any of the purposes in this chapter. Whenever deemed necessary
by the County in the exercise of any of the foregoing power and authority,
the County Executive is authorized to acquire by purchase, gift, devise,
bequest, exchange or condemnation from any tenant, lessee, owner,
occupier or holder of any interest in land, structures or buildings,
source of water supply, stream bed, waterway, water rights, watershed,
franchise, water, sewerage or drainage systems, or parts thereof,
or other property, either in fee or as an easement, within or without
the sanitary district. Proceedings for condemnation under this section
shall be instituted in the Circuit Court for the County in which such
land, structures or buildings, source of water supply, stream bed,
waterway, water rights, watersheds, franchises, water, sewerage or
drainage systems or other property is situated, as provided for condemnation
of private property for public use in the Annotated Code of Maryland.
[1972, ch. 739, § 2]
All individuals, firms, or corporations having buildings, conduits, pipes, tracks, poles, or other structures or obstructions in, on, over, under, or through any public road, street, or way, which blocks or impedes the construction and establishment of the County's water supply, sewerage, or drainage systems, or other works, upon reasonable notice from the County, shall promptly so shift, adjust, accommodate, or remove structures or obstructions as fully to meet the exigencies occasioning such action; provided, however, that the cost of such changes shall be borne by the County. Every public service corporation, company, or individual, before it or they shall begin any excavation or construction in any street, road, way, or public highway, shall file with the Director of Sanitary Facilities plans of such work and construction showing the location of depth in such street, road, way, or public highway of the proposed main, conduit, pole, pipe, or other structure, and such construction or work shall not be begun until the plan is approved by the Director of Sanitary Facilities, nor shall any change be made in the approved plan or in the work or construction as shown by the plan, except on further approval of the Director of Sanitary Facilities. Whenever any main, conduit, pole, pipe, or other structure is installed without the filing of plans with the Director of Sanitary Facilities and the approval thereof by him, or when any change is made in the location of the main, conduit, pipe, pole, or other structure as shown upon the plans approved by the Director of Sanitary Facilities, or any approved change therein, the County, if and when such conduit, main, pipe or pole, or other structure interferes with the construction of or operation of its water or sewerage system, or other works, may remove the conduit, main, pipe, pole, or other structures or change the location thereof at the cost and expense of the party so putting them in, or its heirs, assigns, or successors, and without any liability upon the part of the County for damage that might be done to the same by reason of the County's operation in contracting or maintaining its systems or works. Any violation of the provisions of this section is a misdemeanor punishable under § 97-29 of this chapter.
[1972, ch. 739, § 2]
The County may enter upon and excavate any state or County street,
road, or way, or any other public highway for the purpose of installing,
maintaining, and operating the water supply, sewerage, or drainage
systems provided for under this chapter; and it may construct in any
such street, road, way, or public highway a water main, sewer, or
drain or any appurtenances thereof without the receipt of a permit
or the payment of a charge; provided that whenever any state or County
highway is to be disturbed, the public authority having control thereof
shall be duly notified; and provided further that the highway shall
be repaired and left by the County in the same condition or in a condition
not inferior to that existing before it was torn up, and that all
costs incident thereto shall be borne by the County.
[1972, ch. 739, § 2]
Any employee or agent of the County has the right of entry, at all reasonable hours, upon any private premises and into any building in the sanitary district, while in pursuit of his official duties, upon first presenting proper credentials from the County. The County or its agent or employees may order and require such changes in plumbing, water usage or water or sewer connections as it deems necessary to eliminate leakage, loss of water, unnecessary or improper use of sewers. The County shall exercise control of the water supply at all times and in case of shortage of water or, for any other reason, the County, in the exercise of its discretion, may determine that the water supply should be conserved. The consumers, upon notice from the County, its agents or employees, or upon notice published in one newspaper published in the County for one insertion, shall comply with any order passed by the County to conserve the water supply. In addition to any other penalty herein prescribed, the County, its agents or employees may turn off the water supply of any person violating such an order at any time without further notice. Any restraint or hindrance offered by any owner, tenant, or agent or any other person to the right of entry in this section provided or any violation of any order issued pursuant to this section is a misdemeanor punishable under § 97-29 of this chapter.
[1972, ch. 739, § 2]
The County shall have full power and authority to enter into
any contract for the connection of its water supply, sewerage or drainage
system with those of any municipality or adjoining county, or any
other governmental agency in this or in an adjoining state, for the
purchase of water and for the disposal of sewage and other drainage
from the sanitary district, and to enter into any other agreement
concerning any other matter deemed by the County to be necessary,
advisable or expedient for the proper construction, maintenance and
operation of the water supply, sewerage or drainage system under its
control, or those under the control of any municipality or County
or other such governmental agency. The County is further empowered
to enter into contracts with any municipality for the joint acquisition,
construction, ownership, and operation of any water supply, sewerage
or drainage system or any portion thereof.
[1972, ch. 739, § 2]
A.
Construction work. Before any plumbing, water works, or sewer construction
is done in any building or upon any private property within the sanitary
district, the person, firm or corporation doing the construction shall
first obtain a permit from the Director of Sanitary Facilities and
pay therefor such reasonable sum as the County may prescribe. The
work shall be done under and pursuant to such rules, regulations,
and requirements as the Director of Sanitary Facilities may from time
to time formulate, and subject to such inspection as he may deem necessary;
provided that, to avoid duplication of supervision, the County may
waive this provision if the Department of Health issues the permits
and makes the inspections required by this subsection in a manner
satisfactory to the County.
B.
Installations. No private or public water supply or sewerage installation intended for use of two or more buildings or premises shall be constructed, nor shall any existing system be extended in the sanitary district, unless the person, firm or corporation doing the work has first obtained a permit from the Director of Sanitary Facilities and paid a reasonable charge therefor. The plant then shall be installed, maintained, and operated under such rules and regulations as the Director of Sanitary Facilities may require or devise. The County shall have full and complete jurisdiction over all fire hydrants connected with its water system; and no person, firm, or corporation may operate, use, or make connection with the system without the written authority of the Director of Sanitary Facilities, except that no restriction shall apply to any bona fide fire department in the discharge of its duties. The Director of Sanitary Facilities, upon a determination that public safety will be served, may require the installation of fire hydrants to public or private systems existing or to be constructed in the sanitary district and may prescribe such rules and regulations for the use and maintenance thereof as he deems necessary. The County is authorized to enter into any agreements with the owners or operators of such systems designed to install fire hydrants or other fire protection equipment as may be deemed in the public interest. No person, firm, or corporation may tamper with, deface, damage, or obstruct any fire hydrant. A violation of any of the provisions of this section is a misdemeanor punishable under § 97-29 of this chapter.
[1972, ch. 739, § 2]
The County shall provide for each and every property abutting upon a street or right-of-way in which, under this chapter, a water main or sewer is laid, when service to such property is feasible, a water service pipe or sewer connection, which shall be extended as required from the water main or sewer to the property line of the abutting lot. The water service pipe and the connection with the sewer shall be constructed by and at the sole expense of the County, but subject to a reasonable charge for said connection as provided in § 97-19 of this chapter, which charge shall be paid by all property owners at the office of the Director of Finance before the actual connection with any pipe or private property is made. When any water main or sewer is declared by the County complete and ready for the delivery of water or the reception of sewage, every abutting property owner, after due notice, shall make a connection of all spigots or hydrants, toilets and waste drains with said water main or sewer within the time prescribed by the County and in the manner prescribed by such rules and regulations as may be promulgated by the Director of Sanitary Facilities pursuant to the provisions of this chapter. Where the aforesaid fixtures do not exist, or are of a nature which, in the judgment of the Director of Sanitary Facilities, is improper or inadequate, satisfactory equipment shall be installed by the owner on the premises consisting of at least one water closet and one sink or washbasin, both of which shall be properly connected with the sewer of said County. All cesspools, sink drains and privies located on properties connected to sewers provided by the County shall be abandoned, closed and left in a sanitary condition so that no odor or nuisance shall arise therefrom. Any violation of the provisions of this section shall be a misdemeanor punishable under § 97-29 of this chapter.
[1972, ch. 739, § 2]
Whenever the plans and specifications for water supply, sewerage,
or drainage systems or extensions thereof have been completed and
the County has decided to proceed with construction, it shall, when
required by this chapter, by notice in one newspaper published in
the County and such newspapers and technical press as it may deem
proper, advertise for bids for the construction of the system or systems,
in part or as a whole as in its judgment may appear advisable. The
contract shall be let to the lowest responsible bidder, or the County
may reject any or all bids; and, if in its discretion the prices quoted
are unreasonable or unbalanced, it may readvertise the work or any
part of it or may do any part or all of the work by day labor; provided
that at any time the County, in its discretion, may expend by day
labor for construction an amount not exceeding $1,000 without advertising
and receiving bids. All such contracts shall be protected by such
bonds, penalties, and conditions as the County may require, all of
which shall be enforced in any court having jurisdiction. Nothing
in this section shall preclude the County from performing any work
with its own employees and/or equipment.
[1972, ch. 739, § 2; 1988, ch. 227, § 2]
A.
Surveys; operating systems. To provide for the general health and
welfare of the residents of Cecil County, the County may acquire,
construct, operate, and maintain such water, sewer, and drainage systems
as it deems to be in the public interest. The County may cause surveys,
plans, specifications, and estimates to be made for such systems.
Unless all owners of land which will be served by any such proposed
improvements consent in writing to such improvements being made, the
County shall construct any such system or extension thereof only after
a public hearing held by the County, after giving notice thereof in
one newspaper of general circulation published in Cecil County at
least seven days prior to the hearing. At the hearing, plans and specifications
for the proposed improvements shall be presented, together with the
estimated costs thereof and estimated revenues to be derived therefrom.
The County may divide the sanitary district into water, sewerage,
and drainage subdistricts in such a way as in its judgment will best
serve the needs of the sanitary district, and promote convenience
and economy of installation and operation, and permit the raising
of revenues and apportionment of costs to those served on an equitable
basis, and it is empowered to keep its books of account accordingly.
B.
Applicants for service. If the residents of any unincorporated locality
in the sanitary district make application for a water supply, sewerage,
or drainage system, or part thereof, to be constructed in their locality,
the County may require the applicants to bear the reasonable costs
for any preliminary engineering studies that the County deems necessary
to determine whether it is feasible to construct the improvements.
Upon the receipt of such reasonable costs as the County determines
to be necessary to conduct the studies, the Director of Sanitary Facilities
shall have the studies made and within a reasonable time thereafter
advise the County, which shall thereafter advise the applicants of
the results thereof, together with the County's determination
with respect to the application.
[1972, ch. 739, § 2]
Upon certification by the Director of Finance to the Clerk of
the Circuit Court for Cecil County, as from time to time made, that
the County is entitled to collect taxes or other charges upon any
land situated in the election districts designated in such certifications,
the Clerk shall not accept any instrument for recording among the
land records of Cecil County until the instrument bears a notation
by the County that all taxes or other charges due the County pursuant
to the provisions of this chapter for the year in which the instrument
is offered for record have been paid.
[1972, ch. 739, § 2]
No sewerage, water, or drainage system or extension thereof serving two or more properties in the sanitary district may be constructed by any private owner without the prior approval of the Director of Sanitary Facilities. If application for the construction or extension of any water supply, sewerage or drainage system or part thereof is made under the provisions of § 97-14B of this chapter, and the County determines that the construction or extension is inexpedient or impracticable at that time, owing to the remoteness from its general system or other considerations, the applicant may build and operate the system or extension thereof at its own expense; but it shall be constructed only under such plans and specifications as have been submitted to and approved by the Director of Sanitary Facilities and its maintenance and operation shall be under the general control of the County. No such system or part thereof or no water main, sewer, storm drain, water purification or sewage treatment plant or no connection with any of them shall be constructed or installed except as in this section provided, and any violation of this provision shall be a misdemeanor punishable under § 97-29 of this chapter. The applicant for the construction or extension of any such privately owned system shall bear the reasonable costs that the County may incur for the review and approval of any such plans and for the supervision by the County of the maintenance and operation of such system. All construction and operating records, including cost records, shall be filed with the County, which shall be empowered at any time to take over said system or part thereof or said water main, sewer, stormwater drain, water or sewage treatment plant or connection with any of them in the same manner as provided under § 97-6 of this chapter. Nothing in this section shall impair the rate-making powers of the Public Service Commission nor eliminate the requirements of the law for the approval of the Department of Health in the construction and maintenance of sanitary facilities. No private water supply, sewerage, or drainage systems or extensions thereof authorized by this section shall be approved if the construction and operation of such system or systems will cause water pollution endangering the water supply of the County, any municipality or other public agency or private utility corporation supplying sanitary services in Cecil County. If a private system approved under the authority hereof causes such pollution, then the County is authorized to require such modifications as may be necessary to eliminate such pollution and to take such other legal steps as may be necessary to enforce its orders eliminating the nuisance of water pollution.
