[HISTORY: Adopted by the County Commissioners of Caroline County 6-6-1995 as Ord. No. 95-005. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- SANITARY CONSTRUCTION
- The installation of any septic tank system or other on-site sewage disposal system and the practice of removing and disposing of the contents of septic tanks and other appurtenances.
The requirements of COMAR 26.04.02, Sewage Disposal and Certain Water Systems for Homes and Other Establishments in the Counties of Maryland Where a Public Sewage System Is Not Available, and COMAR 26.04.06, Sewage Sludge Management, of the Maryland State Department of the Environment, shall be the minimum requirements of the Caroline County Board of Health.
It shall be unlawful in Caroline County for any person, firm or corporation to begin any work on the installation, replacement or repair of any on-site sewage disposal system or to remove and dispose of the contents of any septic tank or other appurtenance without first applying for, on forms furnished by the Caroline County Health Department, and obtaining a permit to do such work from the Caroline County Health Department. Permits shall be issued only to persons holding valid licenses to do such work in Caroline County.
The County Commissioners shall, from time to time, establish fees to defray the cost of issuance of permits to install, replace or repair an on-site sewage disposal system, or to remove and dispose of the contents of any septic tank or other appurtenance, and to provide for percolation testing, or other soil, site, and subdivision evaluations. All fees shall be received by the Caroline County Health Department prior to issuance of permits or reports thereon.
It shall be unlawful in Caroline County for any person to engage in the business of installing, replacing or repairing any on-site sewage disposal system, or to remove and dispose of the contents of any septic tank, without having first obtained a license to perform such work from the Caroline County Health Department and posting a performance bond and/or proof of liability insurance with said Department.
These licenses are to be renewed annually on or before January 1 of each year.
Licensure fees shall be established from time to time by the Commissioners and shall be remitted upon application for licensure and annually upon application for relicensure.
The license shall be issued to qualified persons making written application on forms provided by the Caroline County Health Department.
Licenses shall be required only of persons contracting to do such work and are not required for persons performing such work under the direct supervision of a licensed person.
These licenses shall be issued by the Caroline County Health Department upon payment of the required fees by persons making a completed application and providing proof of qualifications to contract for and perform such work. Proof of qualification may be in the form of valid licenses required by the laws of the State of Maryland that are held by the applicant, or by demonstrating, to the satisfaction of the Caroline County Health Department, competency to do such work for which a license is applied, or both. A license is not transferable.
A person desiring a license to install sewage disposal systems on properties not served directly by public sewage systems shall be granted a license to do such work in Caroline County only after such person has demonstrated competency and proficiency to the satisfaction of the Caroline County Health Department and have in his/her possession equipment necessary to do satisfactory work. A temporary license may be issued to allow an applicant to demonstrate competency and proficiency to do satisfactory work.
A person desiring a license to engage in the business of scavenging as a wastewater manager shall be granted a license to such work in Caroline County only after such person has demonstrated his/her competency and proficiency, is equipped with the necessary machinery to perform such work, has a lawful disposal site, and carries out disposal procedures, all to the satisfaction of the Caroline County Health Department. A temporary license may be issued to allow an applicant to demonstrate competency and proficiency to do satisfactory work.
Before any person shall be granted a license under this chapter he/she must post a performance bond and/or proof of adequate business liability insurance with the Caroline County Health Department, conditioned upon the licensee's proper completion of work performed to be in compliance with all laws, rules and regulations of the State of Maryland, Caroline County, or any incorporated town in Caroline County pertaining to such work. The bond, or business liability insurance, shall be in such form as prescribed by the Caroline County Health Department. The bond or liability insurance shall include a provision for notification to the Caroline County Health Department of cancellation of the bond or insurance.
All solid and liquid contents removed from chemical toilets, septic tanks, seepage pits, privies and holding tanks or other appurtenances, also termed septage, located in Caroline County shall be disposed of by discharge into community sewerage facilities or other facilities or sites approved by the Caroline County Health Department. A valid sewage sludge utilization permit shall be adequate proof of an approved facility other than a community sewerage facility.
No solid or liquid contents removed from chemical toilets, septic tanks, seepage pits, privies and holding tanks or other appurtenances outside of Caroline County shall be disposed of or discharged anywhere in Caroline County, except into community sewerage facilities approved by the Caroline County Health Department or other facilities possessing a valid sewage sludge utilization permit.
Septage to be collected from commercial and industrial facilities and which has not been delineated in the facility's Maryland discharge permit or National Pollutant Discharge Elimination System (NPDES) permit as to the final point of discharge shall be approved by the Caroline County Health Department as to the proposed disposal site and disposal method prior to collection.
The Caroline County Health Department or community sewerage facility, or other facility possessing a valid sewage sludge utilization permit, shall have the authority to sample the contents of any vehicle used for hauling septage to determine the concentrations of the contents in pursuance of the implementation and enforcement of this chapter or other laws and regulations of the State of Maryland governing licensure or permitting of the facility.
Any duly authorized employee of the Caroline County Health Department shall be permitted, at any time, to enter upon the property of a septage hauler, or customer of a hauler, for the purpose of inspecting, observing, sampling and testing as may be required in pursuance of the implementation and enforcement of this chapter.
The Caroline County Health Department, acting for the Caroline County Board of Health, shall have the power to suspend or revoke any license issued under this chapter if the same was obtained through fraud or if a licensee has violated any of the provisions of this chapter. Whenever the Caroline County Health Department finds that such violation has occurred, the Caroline County Health Department shall give written notice to the licensee that it contemplates the suspension or revocation of such license and giving its reasons therefor. Said notice shall appoint a time and place of hearing before the Caroline County Health Department and shall be mailed by certified or registered mail to the licensee affected. At the time of such hearing the licensee may personally, or through legal representation, present such evidence as the licensee deems fit. After hearing all the testimony, the Caroline County Health Department shall decide the question in such a manner as to it appears just and right.
Failure of the licensee to appear before a hearing of the Caroline County Health Department will not abrogate the Department's authority and responsibility to decide whether to suspend or revoke the license.
A hearing shall not be required before suspension of a license by the Caroline County Health Department for failure of the licensee to maintain a valid, active bond or liability policy.
All approved sanitary construction permits issued to a licensee shall be null and void upon suspension or revocation of a license issued under this chapter.
Any applicant for a license or any licensee who feels aggrieved by the action of the Caroline County Health Department in failing to issue or in suspending or revoking a license may, within 10 days after receipt of notice of such action, take an appeal therefrom to the Circuit Court for Caroline County. The taking or pending of such appeal shall not stay the suspension or revocation issued by the Caroline County Health Department. Either party to proceedings of such court action may appeal the decision of said Court to the Court of Special Appeals of Maryland.
All moneys received by and on behalf of the Caroline County Health Department under the terms and provisions of this chapter shall be paid to the Caroline County Health Department to be applied against the annual expenses of the Division of Environmental Health of the Caroline County Health Department.
This chapter shall not prevent an individual property owner from personally performing sanitary construction work on property on which the owner resides or on any property he or she owns for sale, lease or rent by the owner, provided that all such work is carried out under a permit from the Caroline County Health Department and is inspected and approved, when completed, by that Department. This shall only apply to conventional systems using standard trenches.
This chapter shall not prevent maintenance employees of any plant or business from performing their duties of repairing or maintaining existing sanitary facilities at their place of employment. Permanent employees of this type will not be required to hold the sanitary construction license required by this chapter. Sanitary construction permits will not be required for maintenance work on existing sanitary facilities in these establishments but will be required for any new or replacement installation affecting the sewage disposal system.
The Caroline County Health Department shall, from time to time, make, revise or revoke rules and regulations necessary to the administration of this chapter. All rules and regulations shall be approved by the Commissioners of Caroline County acting as the Board of Health of Caroline County. Persons licensed under this chapter and individual property owners performing sanitary construction work on their property are responsible for compliance with all rules and regulations adopted under this chapter.
A person cannot purport or advertise that he/she can perform sanitary construction or are licensed to perform sanitary construction except in compliance with this chapter.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than $500 nor more than $1,000 for the first offense and, for the second or subsequent offense, by a fine of not less than $1,000 nor more than $2,000.