§ 27A-1. Intent.
§ 27A-2. Definitions.
§ 27A-3. Duties and responsibilities of director.
§ 27A-4. Regulations.
§ 27A-5. Permits.
§ 27A-6. Inspections.
§ 27A-7. Abatement of excreta disposal nuisances.
§ 27A-8. Penalties.
§ 27A-9. Conflicts of law.
Notes
| 1 | *Editor’s note—See County Attorney Opinion dated 1/29/97 evaluating fees that may be charged for permits for Montgomery County Public Schools, Washington Suburban Sanitary Commission, Montgomery College, Maryland-National Capital Park and Planning Commission, Revenue Authority, and County agencies. [attachments] |
It is the intent of this chapter to assure an adequate supply of potable water for use on an individual lot, and to protect the public health by providing sanitary methods for the disposal of sewage on an individual lot. It is the general policy that connections must be made to community water supply and sewerage systems when such systems abut the lot, except when sewer or water service is unavailable by policy determination as stated in the county's comprehensive water supply and sewerage systems plan. It is intended that permits for individual water supply and sewage disposal systems will be issued only when community systems are unavailable, inadequate or connections are not economically feasible. (1979 L.M.C., ch. 46, § 8.)
The following words and phrases have the following meanings:
Director: The Director of the Department of Permitting Services or the Director's designee.
Individual sewage disposal system: A system, other than a public or community system, which receives liquid wastes or human excreta, or both, generated on the same lot. It includes a sewage treatment unit, effluent disposal area and related appurtenances.
Individual water supply system: A well or other approved source of water, and all appurtenances thereto, including pumps and piping, for delivery of an adequate supply of potable water for use on the same lot.
Permit: A written permission issued by the Director for the construction and/or maintenance of an individual water supply system or an individual sewage disposal system.
Person: Any institution, individual, partnership, governmental entity, public or private corporation or other entity.
Potable water: Water which is safe for human consumption.
Lot: A measured parcel of land having fixed boundaries and designated on a plat or survey, together with any recorded easement satisfactory to the Director.
Well: Any excavation that is drilled, cored, bored, driven, dug, jetted or otherwise constructed when the intended use of such an excavation is for the location, extraction or artificial recharge of ground water. (1979 L.M.C., ch. 46, § 8; 1983 L.M.C., ch. 30, § 2; 1995 L.M.C., ch. 13, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)
Editor's note—See County Attorney Opinion dated 7/29/98 explaining that the Washington Metropolitan Area Transportation Authority, Housing Opportunities Commission, and the fire corporations must comply with County permit requirements and mandatory referral.
Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
(a) The director shall be responsible for the administration and enforcement of this chapter. The director shall receive applications, collect fees and issue permits for the construction, installation and maintenance of individual water supply and sewage disposal systems, and for related facilities and services, inspect the premises for which such permits have been issued; and enforce compliance with the provisions of this chapter and any rules and regulations promulgated hereunder.
(b) When there is evidence of hardship created by strict application of the provisions of this chapter, the director may, in writing, waive or vary such provision upon written application of the owner or his designated representative, provided that the public health and safety are assured. (1979 L.M.C., ch. 46, § 8.)
After consulting with the Washington Suburban Sanitary Commission, the Montgomery County Planning Board, and any other concerned agency, the county executive may adopt, under method (2) of section 2A-15 of this Code, regulations to implement this chapter. (1979 L.M.C., ch. 46, § 8; 1984 L.M.C., ch. 24, § 31; 1985 L.M.C., ch. 46, § 1.)
(a) It shall be unlawful for any person to construct, alter or extend an individual water supply system or an individual sewage disposal system within the county unless he holds a valid permit issued by the director in the name of such person, for the specific construction, alteration or extension proposed.
(b) It shall be unlawful for any person to collect, transport and dispose of the solid and liquid contents of chemical toilets, holding tanks, septic tanks, seepage pits and privies unless he holds a valid permit issued by the director in the name of such person.
(c) All applications for permits shall be made to the director, who shall issue a permit upon compliance by the applicant with provisions of this chapter and any rules and regulations adopted hereunder.
(d) All applications shall be in writing, shall be signed by the applicant and shall include all information specified in rules and regulations adopted in accordance with the provisions of this chapter, and any other necessary information required by the director in accordance with this chapter.
(e) The County Executive must adopt a schedule of fees for permits required under this Chapter and related services such as special inspections, and field permits for the collection, transport, and disposal of solid and liquid wastes. The County Executive must set these fees by executive regulation under method (3), except that fees for well inspection and testing must be set by executive regulation under method (2). (1979 L.M.C., ch. 46, § 8; 1984 L.M.C., ch. 24, § 31; 1993 L.M.C., ch. 39, § 1.)
Editor's note—See County Attorney Opinion dated 7/29/98 explaining that the Washington Metropolitan Area Transportation Authority, Housing Opportunities Commission, and the fire corporations must comply with County permit requirements and mandatory referral.
Loading...