(b) Authority. This section is supplemental to other authority vested in the Health Department and the Maryland Department of the Environment to regulate public or private water or wastewater supply or usage.
(c) Election by County not to connect. The provisions of this section or other provisions of law do not prohibit the Department from electing not to connect otherwise eligible improved property for reasons of practical and efficient engineering, excessive cost, or other cause.
(d) Notice. A notice of permit application, connection, and other requirements to the owner of a property required to connect shall be sent by first class mail to the owner's address as shown on the current tax assessment records, and a notice as to the availability of a public water main or wastewater main for service shall be published as required by § 13-1-103. Failure to receive notices required by this section or under authority of former law does not excuse failure to comply with this section.
(e) Application for permits deadline. Within six months after the date of a written notice from the County to an owner of record of a property required to connect, the owner shall make appropriate applications for permits required by this Code for connection to the abutting water main or wastewater main and shall pay the applicable permit fees and connection charges or apply, if eligible, for a deferral allowed under § 13-5-815, a subsidy allowed under § 13-5-816, installment payment for the charges under § 13-5-813, or any combination of these.
(f) Completion of connection. Except as provided in subsection (g), the owner of a property required to connect shall arrange to complete the necessary work for the connection of the water supply facilities or wastewater facilities on the property to the abutting public main within nine months from the date of the issuance of the notice and, within this period unless excused for reasons of partial connection or non-connection under subsection (c), the owner shall disconnect and terminate the use of a cesspool, septic tank, dry well, privy, vault, or well used for household water purposes on the property.
(g) Extension of completion of connection date. If an owner of property required to connect has complied with the provisions of subsection (f) and has encountered conditions beyond the owner's control that render impracticable completion of a connection within the required time period, the Director may grant a temporary waiver or extension of the time for the connection on timely submission of proof of the condition. The decision to grant a temporary waiver or extension is in the discretion of the Director.
(h) Failure to comply. An owner of property required to connect who has not complied with the provisions of this section is liable for the connection charges and forfeits the privilege of deferring payment or continuing deferred payments of any pending or further charges permitted under § 13-5-813 and § 13-5-815 and forfeits the right to any subsidy granted by the County under § 13-5-816. The previously subsidized and deferred amounts, and the amounts due under an executed installment agreement shall constitute a lien and be immediately due and payable. Until the property that is not in compliance is connected, the owner is also subject during the period not connected to the quarterly minimum usage charges established under § 13-5-805 for the type of service applied for, or for which the connection is required.
(i) Lien. The lien provided for in subsection (h) is subordinate only to the lien of State and County taxes and special benefit assessments. Payment shall be collected as provided in § 1-8-101 of this Code.
(1985 Code, Art. 25, § 25-5-314) (Bill No. 80-03; Bill No. 63-04; Bill No. 79-20)