[HISTORY: Adopted by the County Council of Talbot County as indicated in article histories. Amendments noted where applicable.]
Enforcement of Code — See Ch. 58.
Plumbing standards — See Ch. 112.
Sanitary District — See Ch. 138.
Sanitary sewer construction districts — See Ch. 139.
Septage management — See Ch. 145.
Sewer system — See Ch. 148.
Shared sanitary facilities — See Ch. 152.
[Adopted 10-14-2014 by Bill No. 1296]
As used in this article, the following terms shall have the meanings indicated:
- BAT or SYSTEM
- An on-site sewage disposal system that has been approved by the Maryland Department of the Environment as a best available technology for removing nitrogen.
- CERTIFIED SERVICE PROVIDER
- An individual who is certified by the Maryland Department of Environment to perform operation and maintenance on BAT systems.
- The Talbot County Department of Public Works.
- The Maryland Department of the Environment.
- ON-SITE SEWAGE DISPOSAL SYSTEM
- A sewage treatment unit, collection system, disposal area, and related appurtenances related to on-site sewage disposal.
The State of Maryland has adopted laws and regulations concerning inspection, operation and maintenance of BAT systems, COMAR 26.04.02.07. This article shall not be construed or applied to supersede or contravene state laws or regulations, as amended from time to time. This article shall be construed as consistent with all state laws and regulations regarding inspection, operation, and maintenance of BAT systems unless such construction would be unreasonable, and in that event the regulation that imposes the higher standard or stricter requirement shall control.
The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. "Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this article and not solely to the particular portion thereof in which any such word is used. "And" includes the disjunctive, and "or" includes the conjunctive. Whenever the words "include," "includes" or "including" are used in this article, they shall be deemed to be followed by the words "without limitation."
Inspection. All systems shall be inspected by a certified service provider at least once every 12 months following installation to ensure that the system is operating in accordance with the manufacturer's recommendations and in compliance with reasonable performance standards adopted by the Department or MDE, whichever imposes the higher standard.
Maintenance and repair. All systems shall be maintained and repaired by a certified service provider throughout the life of the system in compliance with the requirements of this article. A property owner may become a certified service provider in accordance with applicable MDE regulations to inspect, operate and maintain the property owner's BAT system.
The Department is authorized to conduct compliance inspections of grant-funded systems to ensure that the systems are being operated and maintained in compliance with the requirements of this article.
The property owner shall provide the Department with the contact information of the certified service provider responsible for inspection, maintenance, and repair of their system. The Department may communicate directly with the certified service provider regarding inspection results, maintenance, or repair of the system.
A person who fails to comply with the requirements of this article shall be subject to the following remedies, which are alternative and cumulative, and not exclusive:
Notice. The Department may send a written notice of noncompliance and request for compliance advising the property owner or certified service provider to comply with the requirements of this article within 30 days of the date of the notice.
Inspection, maintenance, and repair. Upon failure to comply with a notice under § 146-6A or an administrative abatement order under § 146-6B:
Performance. The Department, through an employee or an independent certified service provider, may perform inspections, maintenance, and repairs necessary to bring systems into compliance with the requirements of this article.
Prior written notice. The Department shall provide the owner not less than 72 hours' advance written notice of the date and time scheduled for the Department or its agent to inspect or to perform any maintenance or repairs pursuant to § 146-6C(1).
Right of entry. Provided the Department has provided notice under § 146-6C(2), the Department's agents or employees may enter upon the property to inspect, maintain, and repair the system as necessary to bring it into compliance with the requirements of this article.
The property owner shall reimburse the County for the costs incurred to perform such services. All such costs shall be due and payable in addition to any civil fines or penalties imposed for any violation.
If any civil fine or penalty, or any invoice for any costs incurred by the County to perform such services, is not paid within 30 days of the date any assessment or invoice was mailed to the property owner, the invoice or assessment shall be delivered to the Finance Office, and when so delivered shall become a lien on the real property against which the fine or penalty has been assessed or for which such services have been provided. All such liens shall have the same priority and shall be subject to the same penalties, interest, and collection remedies as unpaid County real estate taxes.