Md. Code Regs. 26.04.02.03 - On-Site Sewage Disposal Permits
A. An applicant shall submit an application
for an on-site sewage disposal permit in a form required by the Approving
Authority and shall include a site plan, which identifies soil evaluations,
percolation and other test locations, proposed system design, existing and
proposed improvements, proposed BAT or other treatment methods and the location
of existing and proposed wells to serve the property, along with any relevant
datum concerning wells or disposal systems within 100 feet of the property
line, and any additional information the Approving Authority may
request
B. The Approving Authority
may issue a permit for an on-site sewage disposal system if it determines that
the site and proposed design can safely dispose of sewage and conform with
applicable laws and regulations. Within 30 days of a permit denial, the
applicant shall be notified in writing as to the reason for denial.
C. In determining whether or not to issue an
on-site sewage disposal permit, the Approving Authority shall evaluate the
appropriateness and design of the proposed system. The review shall include
consideration of all site evaluation information.
D. The applicant is responsible for
submitting or making available all soils information, design specifications and
other data that may be required by the Approving Authority to complete its
permit review responsibilities.
E.
A person may not construct or attempt to construct an on-site sewage disposal
system without first receiving a permit from the Approving Authority. A person
may not alter an on-site sewage disposal system or cause it to receive any
increase in flow or change in the character of wastewater unless permitted by
the Approving Authority.
F. A
person may not construct or alter any structure, residence, floating home, or
commercial establishment served or to be served by an on-site sewage disposal
system or private water supply system, and a county or municipality may not
issue, if applicable, a building permit or a use permit for the desired new
construction or alteration, until the Approving Authority has:
(1) Issued both an on-site sewage disposal
permit and a well construction permit for facilities served by an on-site
sewage disposal system and a private water supply system;
(2) Issued an on-site sewage disposal permit
for facilities served by an on-site sewage disposal system and a public water
supply system;
(3) Issued a well
construction permit for facilities served by a private water supply system and
public sewerage; or
(4) Certified
the existing on-site sewage disposal and water supply systems as capable of
treating and disposing the existing sewage flows and meeting the water demand
and any reasonable foreseeable increase in sewage flows or water demand. The
Approving Authority shall consider the number of bedrooms, total enclosed
living space and changes that affect the volume or character of the wastewater
in making this determination.
G. If, in the opinion of the Approving
Authority, a safe and adequate water supply is not available to the lot, an
on-site sewage disposal permit shall be denied.
H. The Approving Authority may not permit an
on-site sewage disposal system to be installed if, in the opinion of the
Approving Authority, it may pollute a well water supply, a water supply
reservoir, shellfish growing waters, bathing beaches, a lake or tidewater
areas.
I. The permit to construct
an on-site sewage disposal system is not valid for more than 2 years from the
date of issuance, but may be renewed at the discretion of the Approving
Authority. Additional testing or evaluations, before the renewal of a permit,
may be required by the Approving Authority.
J. The permits required by this regulation
are in addition to any approval to subdivide land pursuant to COMAR
26.04.03.
K. A permit issued for
the construction of an on-site sewage disposal system shall include the
statement that the Maryland Department of the Environment recommends septic
tanks, BAT and other pretreatment units be pumped at a frequency adequate to
ensure that solids are not discharged to the disposal area.
L. An on-site sewage disposal permit or a
permit for an individual sewerage system may not be issued unless the project
is in conformance with the approved county water and sewerage plan
Notes
Regulations .03 adopted effective November 18, 1985 (12:23 Md. R. 2218)
Regulation .03C amended effective March 25, 1996 (23:6 Md. R. 477)
Regulations .03 adopted effective 41:9 Md. R. 522, eff.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.