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26.04.02.00.htm 26.04.02.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 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 Authority: Environment Article, §9-216, 9-217, 9-223, 9-252, 9-319, 9-510, 9-1108, 10-103, 10-301, and 10-304, Annotated Code of Maryland
26.04.02.01.htm 26.04.02.01. 01 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) “Approving Authority” means the Secretary of the Department of the Environment or the Secretary’s designee.2) “Aquifer” means any formation of soil, sand, rock, gravel, limestone, sandstone, or other material, or any crevice from which underground water is or may be produced.3) “At-grade system” means an on-site sewage disposal system utilizing a raised bed of gravel over t
26.04.02.02.htm 26.04.02.02. 02 General Provisions.. A. The requirements of this chapter apply to new on-site sewage disposal systems and non-community water supply systems, replacements, additions to existing systems, repair or replacement of an existing system and any potential changes in the strength or volume of the sewage entering an on-site sewage disposal system.B. If a community sewerage system is adequate and economically available to the building to be served, the Approving Authorit
26.04.02.03.htm 26.04.02.03. 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
26.04.02.04.htm 26.04.02.04. 04 Site Evaluation.. A. Site Evaluation Criteria.. 1) In determining whether to approve a lot or parcel for on-site sewage disposal the Approving Authority shall consider the following site evaluation criteria:a) The general topography, geology, soil classification, and hydrology;. b) Surface and subsurface drainage conditions;. c) Soil descriptions, test results, and boring logs;. d) Requirements for seasonal testing; and. e) Performance of on-site sewage disposal systems
26.04.02.05.htm 26.04.02.05. 05 Design and Construction of Conventional On-Site Sewage Disposal Systems.. A. Sewage from bathrooms, kitchens, laundry fixtures, and other household plumbing, exclusive of the backwash from potable water treatment devices, shall receive adequate treatment from a sewage treatment unit before the effluent is discharged to an approved on-site sewage disposal area.B. On-site sewage disposal systems and replacement areas location requirements:. 1) The sewage disposal sy
26.04.02.06.htm 26.04.02.06. 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
26.04.02.07.htm 26.04.02.07. 07 Best Available Technology for Removal of Nitrogen (BAT). A. A person may not install, or have installed, an onsite sewage disposal system unless the onsite sewage disposal system utilizes BAT for any of the following:1) New construction in the Chesapeake Bay and the Atlantic Coastal Bays Critical Areas;. 2) A replacement system to serve a property in the Chesapeake Bay and the Atlantic Coastal Bays Critical Areas.B. A person may not install, or have installed, fo
26.04.02.08.htm 26.04.02.08. 08 Special Methods of Sewage Collection and Disposal.. A. A person may not build a privy unless the privy will, in the judgment of the Department, prevent:. 1) The soil from coming in contact with any fecal matter; and. 2) Flies from gaining access to any fecal matter.. B. Privies shall be located and constructed so as to prevent contamination of ground and surface water. A privy shall be constructed in such a manner as to be insect and rodent free and to prevent odo
26.04.02.09.htm 26.04.02.09. 09 Septage.. A. The owner of a septic tank, seepage pit, privy, or watertight holding tank for sewage shall remove all solid and liquid contents as to prevent a nuisance or a menace to public health or comfort and shall dispose of the sewage in compliance with applicable State and local requirements.B. Transportation.. 1) A person engaged in the transportation of septage shall comply with §B(2) and (3) of this regulation.2) Vehicle Requirements.. a) The owner of each vehi
26.04.02.10.htm 26.04.02.10. 10 Variances.. The Department of the Environment may grant variances to area, well siting, distances and slope requirements of these regulations upon the recommendation of the Approving Authority provided that the public health is protected.
26.04.02.11.htm 26.04.02.11. 11 Appeal.. A person aggrieved by a final decision of the Approving Authority in a contested case has the right to have the decision reviewed in accordance with the provisions of the Administrative Procedure Act and other applicable statutes and regulations. All appeals shall be filed with the Director, Water Management Administration, within 30 days after notification of the final decision by the Approving Authority.
26.04.02.12.htm 26.04.02.12. 12 Penalty.. A person who violates any provision of these regulations shall, upon conviction, be guilty of a misdemeanor and subject to a fine of not less than $50 and not more than $100 for each offense. Each day’s failure to comply with any provision of these regulations shall constitute a separate violation. The Approving Authority may also seek injunctive relief to enforce provisions of this regulation by initiating appropriate civil proceedings.
26.04.02.13.htm 26.04.02.13. 13 Map..
26.04.02.9999.htm 26.04.02.9999. Administrative History Effective date:. Regulations .01―05 effective November 16, 1953; amended effective July 1, 1957, November 15, 1957, June 8, 1965, October 15, 1966, April 1, 1967, December 1, 1970Regulations .01E and .02C amended, .02C-1 adopted effective December 17, 1984 (11:25 Md. R. 2134). Regulations .06―16 effective November 16, 1953. Regulation .17 effective June 1, 1957. Regulations .18―21 effective November 16, 1953 ―.
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