Md. Code Regs. 26.04.05.02

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

Section 26.04.05.02 - Applicability

A. A controlling authority shall conform to all applicable State and county laws, ordinances, and regulations.

B. A controlling authority may purchase, hold, lease, build, construct, own, operate, repair, maintain, and improve a shared facility in a county and enter into contractual agreements with the federal government, the State, or with a municipality, person or individual providing services for a shared facility.

C. The controlling authority may not be the approving authority.

D. The controlling authority may establish, operate, or manage a shared facility if this action does not violate any federal, State or local laws or regulations, and is in compliance with the county water and sewer plan, and would be in the interest of the public health, safety, and comfort.

E. In all cases, the controlling authority and its designee shall be approved by the approving authority and the Department of the Environment. This approval shall be conditional upon the financial and ownership requirements as are found necessary to insure continued efficiency and effective operation of the system.

F. The controlling authority shall make such provisions as are necessary to insure that all sanitary facilities under its control cannot be dissolved or otherwise made legally or functionally inoperative unless the sanitary facilities are replaced by facilities which provide equal or better protection to the public health and that of the users, except when the users no longer require any sanitary facilities.

G. Any person may apply in writing to a controlling authority requesting the controlling authority to establish and operate a shared facility.

H. The approving authority may order the controlling authority to perform repairs or corrections in order to insure proper operation of the shared facility.

Md. Code Regs. 26.04.05.02