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26.04.03.00.htm 26.04.03.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE Chapter 03 Water Supply and Sewerage Systems in the Subdivision of Land in Maryland Authority: Environment Article, ยง9-506, Annotated Code of Maryland
26.04.03.01.htm 26.04.03.01. 01 Purpose.. A. It is the intent of this chapter to ensure that subdivisions developed in the State are served by an adequate community water supply and community sewerage system or, when developed in the absence of either a community water supply or community sewerage system, provide for an adequate and safe supply of drinking water and for the safe disposal of sewerage on each building site until such time as community water and sewerage facilities are made available.
26.04.03.01-1.htm 26.04.03.01-1. 01-1 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Approving Authority" means the Secretary of the Environment or his designee.. 2) "Community sewerage system" means any system, whether publicly or privately owned, serving two or more individual lots for the collection and disposal of sewage or industrial wastes of a liquid nature, including various devices for the treatment of the sewage and industrial wastes.
26.04.03.02.htm 26.04.03.02. 02 Submission of Plans and Procedures for Securing Approval.. A. Any developer or subdivider contemplating the subdivision of land, before preparation of a preliminary plan, may request a review by the Approving Authority and other agencies having jurisdiction to secure information concerning general requirements in the area in which the proposed subdivision is to be located. If individual water supply or individual sewerage systems are contemplated, rejection or tentative approval
26.04.03.03.htm 26.04.03.03. 03 Minimum Ownership.. A. In all subdivisions, individual water supply and sewage disposal facilities may be permitted when in conformance with the county plan and where the following acceptable physical conditions are present: topography, soil types, surface and subsurface drainage, and the absence of a fluctuating high water table. These determinations shall be based upon available information which shall include the history of individual water supply and individual
26.04.03.04.htm 26.04.03.04. 04 Approval of Community Water Supply and Community Sewerage Installations.. A. Where the installation of a community water supply or a community sewerage system, or both, is to be provided, plans for the installation shall be subject to the approval of the Approving Authority and the Department of the Environment.B. Where a community water supply system or community sewerage system, or both, is proposed for a subdivision and is to be operated by an entity such
26.04.03.05.htm 26.04.03.05. 05 Variances.. The Department of the Environment may grant minor variances to area, well siting, distance, width, and slope requirements of these regulations, if lot configuration and physical circumstances so require, upon the recommendation of the Approving Authority provided that the public health is protected.
26.04.03.06.htm 26.04.03.06. 06 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.
26.04.03.07.htm 26.04.03.07. 07 Penalty.. Any person who violates the provision of any of these regulations shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not less than $50 and no more than $100 for each offense and such other penalties as may be provided by law.
26.04.03.08.htm 26.04.03.08. 08 Effective Date.. Any preliminary plan or record plat of a subdivision which has been submitted to the Approving Authority before the date of adoption may not be required to comply with these regulations, if final approval and recordation, when required by law, is completed no later than 6 months from the date of adoption.
26.04.03.9999.htm 26.04.03.9999. Administrative History Effective date: March 3, 1972. Regulation .01P amended effective December 14, 1979 (6:25 Md. R. 1981). Regulation .02K amended effective February 24, 1986 (13:4 Md. R. 396). Regulation .04-1 adopted effective February 24, 1986 (13:4 Md. R. 396). Regulations .04-1โ€•07 recodified as Regulations .05โ€•08 โ€•. Chapter recodified from COMAR 10.17.03 to COMAR 26.04.03. Preface amended and codified as Regulation .01 and Regulation .01 amended and recodified as Regulati
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