[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:
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.
A.
These licenses are to be renewed annually on or before
January 1 of each year.
B.
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.
C.
The license shall be issued to qualified persons making
written application on forms provided by the Caroline County Health Department.
D.
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.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
