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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning;
DEVELOPER. All owners of an impacted subdivision.
IMPACTED SUBDIVISION. A subdivision which has been denied subdivision approval solely as a result of inadequate capacity of the sewer system.
INFILTRATION AND INFLOW FIELD STUDY. A project which attempts to determine the extent of infiltration or inflow in the sewer system by on site observations, metering, or other device and which includes the identification of the source and nature of the infiltration or inflow.
SEWER SYSTEM. A sewerage system operated, maintained, and administered by the county pursuant to Title 14 of the Code.
SUBDIVISION APPROVAL. Final approval of a subdivision pursuant to Md. Code, Land Use Article, and Chapter 155, Development and Subdivision of Land, by the Planning Commission.
SUBDIVISION PLAT. A plat of a subdivision which has been given subdivision approval.
UNIT OF CAPACITY. The allocation for sewer service of flows or capacity as determined by the county pursuant to § 51.02(H), as amended.
(1004 Code, § 179-15) (Ord. 53, passed 6-1-1985; Ord. 2021-09, passed 10-14-2021)
Notwithstanding any other ordinance or resolution to the contrary, a developer who has been denied subdivision approval solely because there are inadequate sewer facilities to serve a proposed subdivision as a result of a lack of capacity in the system, may acquire, and be entitled to use, units of capacity by complying with the following requirements:
(A) The developer may enter a contract with the county for the conduct of an infiltration and inflow field study of the sewer system, or that portion of the system, which would serve the impacted subdivision.
(B) The contract shall provide that the developer shall pay all costs of the study and that the developer must provide a suitable guaranty, as determined by the County Attorney, to ensure that he or she will, in fact, pay for all costs of the study.
(C) If the study finds areas of the system which can be corrected, the developer who paid for the study will be given the opportunity to enter a contract with the county to pay for a remedy of the defect in the system. If the developer shall refuse or fail to enter such a contract within 90 days of the offer, anyone thereafter having an impacted subdivision may enter the contract to pay for a remedy of the defect in the system provided the study conclusions remain valid.
(D) The contract set forth in division (C) above shall provide that the developer will pay all costs incurred by the county in fixing the system, or part of the system, as recommended by the study. The contract shall require the developer to provide a suitable guaranty to ensure that the developer pays all costs of this work.
(E) Upon completion of the work set forth in division (C) above, the developer under contract will be allotted units of capacity at a rate equal to the effective repairs in the sewer system for use in the impacted subdivision and for no other subdivision, lot or property.
(F) If a subdivision plat for the impacted subdivision is not recorded within 90 days of notice of allotment under division (E) above, the developer loses the right to these specific allotments.
(1004 Code, § 179-16) (Ord. 53, passed 6-1-1985; Ord. 2021-09, passed 10-14-2021)
(A) The developer shall not be entitled to allotments of units of capacity for more lots than are represented on the plat of the impacted subdivision, regardless of the number of lots proposed for future development in any preliminary plan or on any subdivision plat.
(B) The number of allotments shall be decided by the county based upon the actual capacity of the system, the actual use of the system, any tolerance desired by the county to protect the public and the environment, and the necessity to protect the health, safety, and welfare of the citizens of this county and this state.
(C) No allotments arising solely as a result of a developer's actions hereunder shall be given to anyone else until all allotments in the impacted subdivision have been reserved and the repairs completed. Surplus allotments may be reentered in the system and distributed in accordance with county code.
(1004 Code, § 179-17) (Ord. 53, passed 6-1-1985; Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)
SEPTAGE
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq., as well as any guidelines, limitations, and standards promulgated by the Environmental Protection Agency (EPA) pursuant to such Act.
AHJ. The authority having jurisdiction is identified as the county and/or municipality having the responsibility for the issuance of any septage license or process for treating septage.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20°C, expressed in milligrams per liter, as determined in accordance with the latest issue of American Public Health Association (APHA) Standard Methods for the Examination of Water and Wastewater or by a method acceptable to the Maryland Department of Health and Mental Hygiene and other agencies having jurisdiction.
FACILITY. Any wastewater treatment plant, owned by the county or operated by any other entity for the benefit of the county, which is capable of accepting septage and leachate, either for separate pretreatment or as part of the entire sewage treatment process.
FLOATABLE OIL. Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of FLOATABLE OIL if it is properly pretreated and the wastewater does not interfere with the collection system.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
GENERATOR. The owner of any residential, commercial, or institutional septic system.
HAULER. A person, partnership, company, or corporation engaged in the business of collection and disposal of septage from residential, commercial, or institutional septic systems.
LEACHATE. Wastewater produced by the percolation of rainwater through a municipal solid waste landfill.
PERSON. Any individual, firm, partnership, company, association, society, corporation, group or entity.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by 33 U.S.C. § 1292, which is owned by the county or to which the county contributes operating expenses. This definition includes any sewers, pipes, or pumping stations that convey wastewater to the POTW.
SEPTAGE. The liquid and solid material produced in on site wastewater disposal systems.
SEPTIC SYSTEM. Any on site wastewater disposal system, including but not limited to septic tanks, holding tanks, privies, seepage pits, cesspools, dry wells, and chemical toilets.
(2004 Code, § 179-18) (Ord. 103, passed 10-15-1992; Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)
No person who pumps septic systems shall discharge septage without first filing for and obtaining a license from the Carroll County Health Department, and a valid septage discharge permit sticker issued by the county. These permit stickers are not transferable to any other hauler or vehicle, and shall be valid for the period as indicated on the permit sticker. The permit sticker shall be affixed to the windshield of the vehicle for which it is issued.
(2004 Code, § 179-19) (Ord. 103, passed 10-15-1992; Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021) Penalty, see § 51.99
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