No sewerage, water, or drainage system or extension thereof serving two or more properties in Frederick County may be constructed by any private owner without the prior approval of the board. If upon application for the construction or extension of any such system the board determines that the construction or extension is inexpedient or impracticable at that time, owing to the remoteness from its general system or other considerations, the applicant may build and operate the system or extension thereof at its own expense; but it shall be constructed only under plans and specifications which have been submitted to and approved by the board and its maintenance and operation shall be under the general control or supervision of the board. No such system or part thereof or no water main, sewer, storm water drain, water purification or sewage treatment plant or no connection with any of them shall be constructed or installed except as in this section provided, and any violation of this provision shall be a misdemeanor punishable under § 2-13-31 of this chapter. The applicant for the construction or extension of any such privately-owned system shall bear the reasonable costs that the board may incur for the review and approval of any such plans and for the supervision by the board of the maintenance and operation of the system. All construction and operating records, including cost records, shall be filed with the board, which shall be empowered at any time to take over the system or part thereof or the water main, sewer, storm water drain, water purification or sewer treatment plant or connection with any of them in the same manner as provided under § 10A-9. Nothing in this section impairs the rate making powers of the public service commission nor eliminates the requirements of the law for the approval of the [department of health] department of health and mental hygiene in the construction and maintenance of the facilities. No private sewerage, water, or drainage systems or extensions thereof authorized by this section shall be approved if the construction and operation of the system or systems will cause water pollution endangering the water supply of any municipality or other public agency or private utility corporation supplying water and sewer services in Frederick County. If a private system approved under the authority hereof causes such pollution, then the county is authorized to require such modifications as may be necessary to eliminate the pollution and to take such other legal steps as may be necessary to enforce its orders eliminating the nuisance of water pollution.
(Code 1959, § 10A-18; 1968, Chapter 609, § 1; 1977, Chapter 96, § 1; 1979, Chapter 723, § 1)
Editor’s note:
Ch. 723 of the 1979 Acts designated the above section as section 10A-18 of the 1959 county code; however, such section constitutes an amendment and renumbering of former section 10A-12 of the 1959 Code.