[HISTORY: Adopted by the County Council of Talbot County
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-14-2014 by Bill No. 1296]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
A sewage treatment unit, collection system, disposal area,
and related appurtenances related to on-site sewage disposal.
A.
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.
B.
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."
A.
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.
B.
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.
C.
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.
B.
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:
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.
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.
