Md. Code Regs. 26.04.02.03

Current through Register Vol. 51, No. 13, June 28, 2024
Section 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

Md. Code Regs. 26.04.02.03

Regulations .03 effective November 16, 1953; amended effective July 1, 1957, November 15, 1957, June 8, 1965, October 15, 1966, April 1, 1967, December 1, 1970
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.5/12/2014