[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.
DEPARTMENT
The Talbot County Department of Public Works.
MDE
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.
Certified service providers shall maintain records of all inspections, maintenance, and repairs performed on systems under §
146-3A and
B, and shall furnish copies of such records to the Department and MDE at least annually.
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:
A. 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.
B. Administrative abatement orders, civil fines and penalties. Upon failure to comply with any notice under §
146-6A, above, the County may issue administrative abatement orders or assess civil fines and penalties in accordance with Chapter
58 of the Talbot County Code.
C. Inspection, maintenance, and repair. Upon failure to comply with a notice under §
146-6A or an administrative abatement order under §
146-6B:
(1) 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.
(2) 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).
(3) 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.
(4) 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.
(5) 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.