Md. Code Regs. 26.04.02.06

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.04.02.06 - Non-Conventional On-Site Sewage Disposal Systems

A. The Department of the Environment and the Approving Authority shall consider reasonable methods for correcting existing system failures and providing facilities for homes that lack indoor plumbing and will provide the best technical guidance in attempting to resolve existing pollution or public health problems. If a public sewer is not available and a conventional on-site sewage disposal system design cannot alleviate the problem or does not provide the best method of correction, the Department may approve new technology or experimental systems.

B. Innovative or alternative technology or experimental designs may also be used for new construction on existing lots of record. The use of non-conventional on-site sewage disposal systems on new construction where site limitations preclude the use of conventional on-site disposal systems shall be reviewed and approved using professional judgment. The site conditions, soil properties and ground water condition at the proposed site shall demonstrate adequate support for successful use of the proposed system as an alternative to a conventional on-site sewage disposal system.

C. Limits for Experimental Non-Conventional On-Site Sewage Disposal Systems Used in New Construction. The number of experimental non-conventional disposal systems approved for use on new construction is limited by:

(1) The availability of personnel and equipment required for the extensive monitoring and evaluation associated with the installation of these systems; and

(2) A system's potential to provide data required to adequately evaluate system operation on a site experiencing one of the major restrictions for conventional on-site sewage disposal systems found in Maryland.

D. Submission of Proposals. An applicant shall submit an application to the local Approving Authority and the Department of the Environment for review and approval. The applicant shall follow the following procedures.

(1) The Approving Authority may elect to perform the site evaluation or request the applicant to retain a professional consultant to prepare a hydrogeological report to demonstrate that the soil properties and ground water conditions at the proposed site supports the use of the proposed system. In all cases, the site evaluation should be performed with the assistance of the Water Management Administration's Regional Consultant of the Department of the Environment. The professional consultant retained by the applicant shall have adequate experience in examining soil properties and ground water, preferably in Maryland. The applicant shall obtain any available information on the effectiveness of the proposed system in use in similar settings, and shall submit this information as well as the hydrogeological report, to both the local Approving Authority and the Department of the Environment.

(2) Non-Conventional On-site Sewage Disposal System Design.

(a) System design may commence if both the local Approving Authority and Maryland Department of the Environment approve of the site and grant a permit for the proposed system.

(b) The applicant shall arrange for professional engineer, an Environmental Health Specialist, or other qualified consultant as determined by the Approving Authority, to design the proposed system.

(c) The applicant shall submit one set of drawings to the local Approving Authority and one set to the Department of the Environment for concurrent review and approval.

E. If a non-conventional on-site sewage disposal system, requires specialized operation or extensive maintenance, the applicant shall submit a satisfactory agreement that has been signed by the applicant, the local Approving Authority and Maryland Department of the Environment, which assures proper operation and adequate maintenance. For example, the Department and the Approving Authority may require a service contract for the life of the system.

F. The applicant shall record in the land records notice that the property is served by a non-conventional sewage disposal system and that the system requires special operation and maintenance, and shall submit a copy of this notice to the Approving Authority before a permit to construct may be issued. Monitoring requirements shall be determined using professional judgment. The local Approving Authority and the Department of the Environment shall monitor these systems for not less than 2 years after construction and full use.

G. Results from monitoring and testing programs will be used by the Department of the Environment in establishing new criteria for the use and design of non-conventional on-site sewage disposal systems.

H. Non-conventional on-site sewage disposal systems may not be considered as acceptable on-site sewage disposal systems with regard to the subdivision of land pursuant to COMAR 26.04.03.

Md. Code Regs. 26.04.02.06

Regulations .06 effective November 16, 1953
Regulations .06 adopted effective November 18, 1985 (12:23 Md. R. 2218)
Regulation .06 amended effective November 3, 1986 (13:22 Md. R. 2398)
Regulations .06 adopted effective 41:9 Md. R. 522, eff.5/12/2014