Where a public sanitary or combined sewer is not available under the provisions of §
24-137 of this Part
5, the building sewer shall be connected to an individual private wastewater disposal system complying with the provisions of this Article
XXVII of this Part
5.
The owner shall operate and maintain the individual
private wastewater disposal facilities in a sanitary manner at all
times and at no expense to the County.
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in §
24-137 of this Part
5, a direct connection shall be made to the public sewer within 60 days in compliance with this Part
5, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
This Article
XXVII of this Part
5 may not be construed so as to interfere with any additional requirements that may be imposed by the Health Officer.
[Added 4-22-2008 by Ord. No. 08-09]
A. In general. Every on-site sewage treatment system
in Queen Anne's County (except holding tanks and those systems capable
of biological nutrient removal which are subject to a valid contractual
agreement providing maintenance therefor) shall be pumped out at least
once every five years. In lieu of such pump-out, the owner or owners
of an on-site sewage treatment system may submit documentation to
the County Department of Finance, certified by a liquid waste hauler
licensed by the Queen Anne's County Department of Environmental Health,
that based on an internal measurement of the solids in the tank, such
solids are less than 1/3 of effluent height as measured by such liquid
waste hauler and that the on-site sewage treatment system is in good
repair and functioning as originally designed.
B. Notification and phase-in of effective date. Within
six months of the effective date of this section and annually thereafter
the Queen Anne's County Department of Finance shall notify all owners
of property with on-site sewage treatment systems of the requirements
of this section. On the initial notification, approximately 1/5 of
such owners shall be notified that within five years of such notice
and every five-year period thereafter, the owner of a septic system
covered by these provisions shall provide the Department of Finance
with documentation of pump-out of the tank or a certification in lieu
of pump-out as described in the preceding subsection. In each of the
succeeding four years, 1/5 of all owners shall receive a similar notification
until all such owners have received notification hereunder. Thereafter,
the Department of Finance shall establish procedures for continued
notification and monitoring of the requirements of this section so
that approximately 1/5 of all owners of property with on-site sewage
treatment systems subject to these provisions are notified each year
of the requirements of this section and so that all on-site sewage
treatment systems subject to these requirements are pumped out every
five years. The Department of Finance shall also establish procedures
for notifying new purchasers and persons installing new on-site sewage
treatment systems of these requirements.
C. Costs of administration. In order to defray the costs
of administering and monitoring compliance with the provisions of
this section, the County Commissioners of Queen Anne's County may,
by resolution, impose an assessment against each property in Queen
Anne's County with an on-site sewage treatment system. Such assessment
shall be a lien against the property so assessed and shall be collectible
in the same manner as County property taxes.
D. Enforcement.
(1) If the owner of an on-site sewage treatment system shall fail to comply with the requirements of this §
24-166, the Department of Finance shall notify the owner of such noncompliance by certified mail, return receipt requested, sent to the owner's address as listed in the tax and assessment records of Queen Anne's County, Maryland. If such violation is not corrected within 30 days of the mailing of such notice, the owner or owners of the property shall be guilty of a civil infraction and subject to a fine not exceeding $500 for a first offense and not exceeding $1,000 for a second or subsequent offense.
(2) The County Commissioners shall designate one or more
persons or officials to enforce this section.
(3) Civil citations issued hereunder shall be in a form
designated by the District Court of Maryland and shall contain a pre-set
fine of $250 for a first offense and $500 for a second or subsequent
offense involving both the same owner or owners and the same property.
(4) Civil citations hereunder shall be governed by and
prosecuted as civil infraction under § 13C of Article 25B
of the Annotated Code of Maryland.
(5) All penalties, fines and forfeiture collected by the
District Court of Maryland for violations of this section shall be
remitted to the Queen Anne's County Department of Finance and deposited
in the general funds of Queen Anne's County.