# Environment (GEN)

## Title 9. Water, Ice, and Sanitary Facilities

### Subtitle 11. Miscellaneous Sanitary Provisions

#### Section 9-1101

(a) In Garrett County, before constructing on private property a building that will need a septic tank disposal system, the person who proposes to construct the building shall obtain a septic tank permit from the Garrett County Health Department.

(b) An applicant for a septic tank permit under this section shall submit to the Garrett County Health Department:

  (1) An application on the form that the Garrett County Health Department requires; and

  (2) A plan for the septic tank system.

(c) Before issuing a septic tank permit, the Garrett County Health Department may inspect the site of the proposed septic tank.

(d) If it approves the application, the Garrett County Health Department shall issue a septic tank permit.

(e) A person may not build a septic tank in violation of this section.

(f) A person who violates subsection (e) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

#### Section 9-1102

(a) This section applies to charges for sewer service or solid waste disposal service provided in Worcester County by any State, county, or municipal agency that does not also provide water services.

(b) If a bill for sewer service or solid waste disposal service remains unpaid for 30 days after being sent, the agency providing that service:

  (1) After giving written notice, may stop the service; and

  (2) Before restoring the service, may require payment of the entire unpaid bill plus $5.

(c) The notice required by this section shall be:

  (1) Left on the premises served; or

  (2) Mailed to the last known address of the owner of the premises served.

(d) Unpaid sewer charges, including any penalty, shall be:

  (1) A first lien against the property; and

  (2) Collectible as taxes.

#### Section 9-1103

(a) In this section, "public agency" means:

  (1) Any State, county, or municipal authority;

  (2) Any public drainage commission;

  (3) Any public sewerage commission;

  (4) Any public water commission; or

  (5) Any sanitary district created under Subtitle 6 of this title.

(b)

  (1) A public agency may make a contract or an agreement with the Washington Suburban Sanitary Commission:

    (i) To connect any drainage, sewerage, or water system of that public agency with facilities of the Washington Suburban Sanitary Commission;

    (ii) To buy water from or sell water to the Washington Suburban Sanitary Commission;

    (iii) To accept drainage or sewage from the Washington Suburban Sanitary Commission; and

    (iv) To send drainage or sewage to the Washington Suburban Sanitary Commission.

  (2) A public agency may make any other agreement with the Washington Suburban Sanitary Commission to aid in the building or operation of any drainage system, sewerage system, or water system built or operated by the public agency or the Washington Suburban Sanitary Commission.

(c) The powers granted in this section are in addition to and not limited by any other powers granted to a public agency.

#### Section 9-1104

(a) The Department may establish a privatization program for performing soil percolation tests in one or more counties in the State.

(b) In order to be eligible to participate in the program established under subsection (a) of this section a person shall:

  (1) Be a sanitarian licensed in the State or a qualified professional who meets standards at least as stringent as the State sanitarian licensing requirements;

  (2) Have demonstrated experience in working with on-site sewage disposal systems; and

  (3) Meet any other requirements established by the local health department to ensure the quality of testing performed under the program.

(c) The health department for any county seeking to establish a privatization program under this section shall work with the Department to implement the program.

(d) The Department may adopt regulations to implement the privatization program.

#### Section 9-1104.1

(a) In this section, "delegated approval authority" means the local health department or county agency that has received a well or on-site sewage disposal system delegation of authority by the Department.

(b) This section applies only to Dorchester County.

(c)

  (1) At the request of a county government and the delegated approval authority, the Department may establish a privatization program for the performance of any activities associated with a well or on-site sewage disposal system delegation of authority by the Department.

  (2) If the Department establishes a privatization program under this section, the Department shall:

    (i) Specify whether the privatization program has a limited duration or is ongoing;

    (ii) Specify the activities associated with a well or on-site sewage disposal system delegation of authority covered under the privatization program;

    (iii) Establish reporting and performance monitoring requirements, as determined appropriate by the Department;

    (iv) Conduct mandatory compliance audits on at least an annual basis;

    (v) Consider reasonable consumer protection requirements, including fee caps and dispute resolution mechanisms;

    (vi) Require that participants in the privatization program carry appropriate insurance and provide financial assurances, including indemnification of the State, and bonds, letters of credit, or similar financial security, the amounts of which shall be determined by the Department;

    (vii) Ensure that the privatization program complies with applicable procurement laws;

    (viii) Establish appropriate ethics policies, including conflict of interest standards, for the privatization program; and

    (ix) Require participants in the privatization program to transfer any records related to the privatization program to the delegated approval authority, at which time the records shall be considered public records subject to Title 4 of the General Provisions Article (the Public Information Act).

  (3) The Department may suspend or halt a privatization program if the Department determines that the program:

    (i) Is failing to comply with any requirement established under this section;

    (ii) Is failing to meet reporting or performance monitoring requirements established under this section; or

    (iii) Poses a risk to public health or the environment.

(d) In order to be eligible to participate in the program established under this section, a person must:

  (1) Be an environmental health specialist licensed by the State;

  (2) Have demonstrated satisfactory experience in the activities associated with a well or on-site sewage disposal system delegation of authority covered under the privatization program; and

  (3) Meet any other requirements established by the Department or requested by the delegated approval authority to ensure the quality of the work performed under the privatization program.

(e) The delegated approval authority shall review and approve or disapprove any work performed by a person under a privatization program, consistent with the delegation of authority by the Department.

(f) A delegated approval authority seeking to establish a privatization program under this section shall work with the Department and county government to implement the privatization program.

(g) The Department may adopt regulations to implement the privatization program.

#### Section 9-1105

(a) This section applies only in Carroll County.

(b) There is an On-Site and Small Community Wastewater Disposal Fund in the Carroll County Health Department.

(c) The Carroll County Health Department shall use the Fund to provide grants to persons to correct existing or potential public health hazards through innovative or alternative on-site sewage disposal systems and eligible small community self-help projects.

(d) The Fund shall consist of 10% of all soil evaluation fees that the Carroll County Health Department has collected and retained and deposited into the Fund as authorized under Sec. 3-202 of the Health - General Article.

(e) Notwithstanding any other provision of law to the contrary, any unexpended moneys in the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in subsection (c) of this section.

#### Section 9-1106

The governing body of Howard County may enact local laws governing the installation and use of multiuse sewerage systems that are not inconsistent with State law.

#### Section 9-1107

The Howard County governing body may require the recipient of a permit to install a multiuse sewerage system to post a performance bond before installing the multiuse sewerage system.

#### Section 9-1108

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Nitrogen removal technology" means the best available technology for the removal of nitrogen.

  (3) "On-site sewage disposal system" means a sewage treatment unit, collection system, disposal area, and related appurtenances.

(b) A person may not:

  (1) Install, or have installed, on property a person owns in the State in the Chesapeake and Atlantic Coastal Bays Critical Area, an on-site sewage disposal system to service a newly constructed building, unless the on-site sewage disposal system utilizes nitrogen removal technology; or

  (2) Replace or have replaced, an existing on-site sewage disposal system on property a person owns in the State in the Chesapeake and Atlantic Coastal Bays Critical Area, unless the replacement on-site sewage disposal system utilizes nitrogen removal technology.

(c)

  (1) Subject to paragraph (2) of this subsection and in accordance with Sec. 9-1605.2(h) of this title, the Department shall assist homeowners in paying the cost difference between a conventional on-site sewage disposal system and a system that utilizes nitrogen removal technology with money from the Bay Restoration Fund, if sufficient funds are available.

  (2) In calendar years 2010, 2011, and 2012, the Department shall assist homeowners by paying 100% of the cost difference between a conventional on-site sewage disposal system and a system that utilizes nitrogen removal technology with money from the Bay Restoration Fund, if the homeowner:

    (i) Is required under subsection (b)(2) of this section to replace an existing on-site sewage disposal system with an on-site sewage disposal system that utilizes nitrogen removal technology; and

    (ii) Has a failing on-site sewage disposal system.

(d)

  (1) Subject to paragraph (2) of this subsection, a person who violates subsection (b) of this section is subject to the civil and administrative penalties and the enforcement mechanisms provided in Sec.Sec. 9-334 through 9-342 of this title.

  (2) The penalties imposed under this section may not exceed $8,000.

(e)

  (1) The Department shall adopt regulations to implement this section.

  (2) The regulations adopted in accordance with paragraph (1) of this subsection shall include provisions to ensure that appropriate management measures are provided for the operation and maintenance of nitrogen removal technology.

#### Section 9-1108.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Nitrogen removal technology" has the meaning stated in Sec. 9-1108 of this subtitle.

  (3) "On-site sewage disposal system" has the meaning stated in Sec. 9-1108 of this subtitle.

  (4) "Vendor" means a person that sells, offers for sale, or distributes on-site sewage disposal systems that utilize nitrogen removal technology.

(b)

  (1) In accordance with subsection (c) of this section, the Department shall evaluate and rank all best available nitrogen removal technologies for on-site sewage disposal systems to advise local governments and residents of the State of approved technologies that qualify for funding under Sec. 9-1605.2(h)(2) of this title.

  (2) The Department shall:

    (i) Make available the evaluation and ranking of all best available nitrogen removal technologies required under this section on the Department's Web site; and

    (ii) Provide the evaluation and ranking of all best available nitrogen removal technologies to a county, municipality, or resident of the State in any correspondence relating to approved technologies that qualify for funding under Sec. 9-1605.2(h)(2) of this title.

(c) The Department shall evaluate and rank all best available nitrogen removal technologies for on-site sewage disposal systems based on:

  (1) The total amount of nitrogen reduction the technology can achieve;

  (2) The total cost of the technology, including the estimated annual cost of operation and maintenance, including electricity costs;

  (3) The cost per pound of the nitrogen reduction; and

  (4) Any other information the Department determines is necessary.

(d) Beginning June 1, 2011, and every 2 years thereafter, the Department shall request information from vendors necessary to carry out the requirements of this section.

#### Section 9-1108.2

(a) In this section, "watershed implementation plan" has the meaning stated in Sec. 8-2A-01 of the Natural Resources Article.

(b) The following may count toward a nitrogen load reduction identified in the State's or a local jurisdiction's watershed implementation plan:

  (1) A reduction in nitrogen from upgrading an on-site sewage disposal system to the best available technology for the removal of nitrogen if the operation and maintenance for the on-site sewage disposal system is current; and

  (2) A reduction in nitrogen from pumping out an on-site sewage disposal system that is subject to a local jurisdiction's septic stewardship plan if the local jurisdiction's septic stewardship plan meets the requirements under Sec. 9-1605.2(h)(8)(iii)2 of this title.

#### Section 9-1109

(a) In this section, "individual sewerage system" means a privately owned system of sewers, piping and treatment tanks or other facilities that:

  (1) Serves only a single lot for the disposal of sewage; and

  (2) Discharges to the surface waters of the State.

(b) Except as provided in subsection (c) of this section, a person may not install an individual sewerage system in the State.

(c) Subject to the Department's approval, a person may install an individual sewerage system in the State for residential use if an existing on-site sewage disposal system fails and cannot be repaired or replaced by any means.

#### Section 9-1110

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Community sewerage system" means a publicly or privately owned sewerage system that serves at least two lots.

  (3) "Controlling authority" means a unit of government, a body public and corporate, or an intercounty agency authorized by the State, a county, or a municipal corporation to provide for the management, operation, and maintenance of a community sewerage system, shared facility, or multiuse sewerage system.

  (4) "Shared facility" means a sewerage system that:

    (i) Serves more than one:

      (1) Lot and is owned in common by the users;

      (2) Condominium unit and is owned in common by the users or by a condominium association;

      (3) User and is located on individual lots owned by the users; or

      (4) User on one lot and is owned in common by the users;

    (ii) Is located wholly or partly on any of the common elements of a condominium; or

    (iii) Serves a housing cooperative or other multiple ownership cooperative.

(b) This section may not be construed as requiring a local jurisdiction to:

  (1) Be a controlling authority; or

  (2) Authorize or allow the use of a shared facility or a community sewerage system within the local jurisdiction.

(c) A shared facility or community sewerage system may be approved only if the system:

  (1) Is managed, operated, and maintained by:

    (i) A controlling authority; or

    (ii) A third party under contract with the controlling authority; and

  (2) Discharges:

    (i) To the surface waters of the State in accordance with a permit issued under Sec. 9-323 of this title;

    (ii) By way of land application under a nutrient management plan required under Sec. 8-803.1 of the Agriculture Article that assures 100% of the nitrogen and phosphorus in the applied effluent will be taken up by vegetation; or

    (iii) By way of an on-site sewerage system.

#### Section 9-1111

(a) In this section, "rural zone" means an area of Montgomery County designated as a Rural Zone, Rural Cluster Zone, Rural Density Transfer Zone, Rural Neighborhood Cluster Zone, or Rural Service Zone as described in the Montgomery County Code Zoning Ordinance.

(b)

  (1) Except as provided in subsection (c) of this section, in Montgomery County, an on-site sewage disposal system or well located in a rural zone may only serve one additional lot or parcel that has been subdivided from a single property on which the on-site sewage disposal system or well is located under an on-site sewage disposal system easement or well easement, respectively, provided that:

    (i) The property on which the on-site sewage disposal system or well is located does not have an existing on-site sewage disposal system easement or well easement;

    (ii) The subdivision of the property was made in accordance with a State or county agricultural land conservation program if the property is subject to an agricultural land conservation easement; and

    (iii) Only one on-site sewage disposal system easement may serve only one subdivided lot or parcel.

  (2) An easement for an on-site sewage disposal system or well under paragraph (1) of this subsection may be granted from the original parcel to a new lot or parcel being created and the easement must not be granted to any lot or parcel that did not originate from the same original parcel.

(c) An on-site sewage disposal system or well under subsection (b)(1) of this section may not:

  (1) Serve land that is designated by the State or the governing body of Montgomery County as a special protection area; or

  (2) Decrease the land available for agricultural production by more than 4,000 square feet.

#### Section 9-1112

(a) In this section:

  (1) "Graywater" means used, untreated water generated by the use of and collected from:

    (i) A shower;

    (ii) A bathtub; or

    (iii) A lavatory sink; and

  (2) "Graywater" does not include water from:

    (i) A toilet;

    (ii) A kitchen sink; or

    (iii) A dishwashing machine.

(b)

  (1) Subject to paragraph (2) of this subsection, and following the adoption of regulations as required by subsection (c) of this section, a person may use graywater for residential purposes including:

    (i) Household gardening;

    (ii) Composting;

    (iii) Lawn watering;

    (iv) Landscape irrigation; or

    (v) Flushing of a conventional toilet or urinal.

  (2) A person may use graywater if the use is permitted under regulations required by subsection (c) of this section, and:

    (i) The graywater originates from a residence on the site on which the graywater is to be applied;

    (ii) The graywater is contained in a storage tank that is located on the site on which the graywater is to be applied;

    (iii) Human contact with graywater and soil irrigated by graywater is avoided;

    (iv) Surface application of graywater is not used for irrigation of food plants that have an edible portion that comes in direct contact with graywater;

    (v) The graywater does not contain hazardous chemicals derived from any activity, including:

      (1) Cleaning motor vehicle parts;

      (2) Washing greasy or oily rags; or

      (3) Disposing of waste solutions from home photo lab activities or similar hobbyist or home occupational activities;

    (vi) The application of graywater is managed to minimize standing water on the surface of the ground;

    (vii) The graywater system is constructed to provide for overflow into a sewerage system or an on-site sewage disposal system;

    (viii) For a graywater storage tank located outdoors, the graywater storage tank is covered to restrict access and to eliminate habitat for mosquitoes and other vectors;

    (ix) The graywater system is located outside the 100-year floodplain;

    (x) The graywater system is operated to maintain a minimum vertical separation of at least 5 feet from the point of graywater application to the top of the seasonally high groundwater table;

    (xi) Any pressure piping used in a graywater system that may be susceptible to cross connection with a potable water system clearly indicates that the piping does not carry potable water;

    (xii) Graywater applied by surface irrigation does not contain water used to wash diapers or similarly soiled or infectious garments;

    (xiii) Surface irrigation by graywater is conducted only by flood irrigation or drip irrigation if there is adequate irrigation area;

    (xiv) The graywater is not sprayed; and

    (xv) The graywater does not run off or pond on-site;

    (xvi) The graywater does not create nuisance conditions; and

    (xvii) The graywater use is in accordance with any applicable State and local laws or regulations, including State and local plumbing codes.

(c) The Department shall adopt regulations to implement the provisions of this section.

#### Section 9-1113

(a) In this section, "reusable diverted water" means water that:

  (1) Is generated by:

    (i) Backwashing an on-site potable water treatment system; or

    (ii) Using an ice maker;

  (2) Is collected for reuse instead of discharged to a residential on-site sewage disposal system; and

  (3) Contains no constituents that are detrimental to public health or the environment.

(b)

  (1) Subject to paragraph (2) of this subsection, a person may use reusable diverted water for beneficial purposes, including:

    (i) Gardening;

    (ii) Composting;

    (iii) Lawn watering; and

    (iv) Irrigation.

  (2) A person may use reusable diverted water only:

    (i) On the site on which the reusable diverted water originates; and

    (ii) In accordance with any applicable State and local laws or regulations, including State and local plumbing codes.

#### Section 9-1114

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Delegated authority" means a local health department or county government to which the Department has delegated authority to administer a well and septic program.

  (3) "Well and septic program" means a program under which a delegated authority issues permits for:

    (i) The installation of on-site sewage disposal systems; and

    (ii) The construction of wells.

(b) On or before December 1, 2024, a delegated authority shall submit a schedule of review times for well and septic program permits to the Department for approval.

(c) Beginning 3 months after the schedule submitted in accordance with subsection (b) of this section is approved by the Department, and every 3 months thereafter, a delegated authority shall submit well and septic program permit data to the Department for review.

#### Section 9-1115

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Adequate records" includes:

    (i) A copy of all charges that the water service provider imposed on the owner, operator, or manager of an apartment house or a mobile home park in the preceding 2 years;

    (ii) The total utility cost imposed on all units in the facility each month for the current calendar year and previous calendar year;

    (iii) The total revenue collected from occupants to pay the charges imposed on the owner, operator, or manager by the water service provider each month for the current calendar year and previous calendar year;

    (iv) An explanation of the formula used to allocate the cost of each unit's water consumption; and

    (v) Any other information necessary for a tenant to verify a water utility bill.

  (3)

    (i) "Apartment house" means one or more buildings that each contain more than two dwelling units and in which all the dwelling units are occupied primarily for nontransient use with rent paid at intervals of 1 week or longer.

    (ii) "Apartment house" includes a residential condominium or cooperative, whether the units are rented or owner occupied.

  (4) "Dwelling unit" means premises that consist of one or more rooms suitable for occupancy as a residence and that contain kitchen and bathroom facilities.

  (5) "Individual submeter" means equipment used to determine the actual use of water for each residential unit in an apartment house or a mobile home park.

  (6) "Water service provider" means, as applicable:

    (i) A political subdivision that provides water and sewerage services under Subtitle 7 of this title;

    (ii) A water company, as defined in Sec. 1-101 of the Public Utilities Article;

    (iii) The Washington Suburban Sanitary Commission; or

    (iv) A mobile home park.

(b) Subject to the provisions of this section, and with the approval of the Department of Housing and Community Development and the Board of Public Works or equivalent local authority, a local housing authority established under Division II of the Housing and Community Development Article may install individual submeters for any combination of apartment houses or dwelling units.

(c) An owner, an operator, or a manager of an apartment house or a mobile home park, or a contractor hired by the owner, operator, or manager, may install an individual submeter for each dwelling unit that is not directly metered for water to allocate fairly the cost of each unit's water consumption.

(d)

  (1) An owner, an operator, or a manager of an apartment house or a mobile home park, or a contractor hired by the owner, operator, or manager, who installs individual submeters under this section to provide bulk metered service may not impose on a unit in the facility any water or sewerage cost except the charges that the water service provider actually imposes on the owner, operator, or manager.

  (2) The charges imposed under paragraph (1) of this subsection shall be allocated among the units in proportion to the actual usage by the unit.

  (3) The owner, operator, or manager of an apartment house or a mobile home park, or a contractor hired by the owner, operator, or manager, may not impose on a unit in the facility any costs associated with:

    (i) Poor maintenance or leaks that the owner, operator, manager, or contractor is responsible for;

    (ii) Common area usage; or

    (iii) Usage in any part of a building that is not used as a residential unit.

  (4) The owner, operator, or manager of an apartment house or a mobile home park, or a contractor hired by the owner, operator, or manager, may collect an additional service charge not exceeding $1 per unit per month to cover administrative costs and billing.

(e)

  (1) Each individual submeter under this section is subject to the regulations and standards that the Department, in consultation with the Department of Housing and Community Development, adopts for the accuracy, testing, and record keeping of individual submeters.

  (2) Regulations adopted under this subsection shall be at least as stringent as the regulations applicable to the water meters that water service providers install.

(f)

  (1)

    (i) In this subsection the following words have the meanings indicated.

    (ii) "Actual usage" means usage that was measured when a meter was considered accurate.

    (iii) "Estimated usage" means the average usage by dwelling units in the same apartment house that:

      (1) Are of comparable size; and

      (2) Have a comparable number of occupants.

  (2) Subject to paragraph (3) of this subsection, if an individual submeter does not provide adequate or accurate data for billing purposes, the owner, operator, or manager of an apartment house may bill the occupant of the unit:

    (i) The average cost of the most recent 3 months of actual usage by the occupant of the unit; or

    (ii) If records of the most recent 3 months of actual usage by the occupant of the unit are not available, the average cost of the most recent 3 months of estimated usage.

  (3) If an individual submeter has not been repaired or replaced for two consecutive billing cycles, the owner, operator, or manager of an apartment house may not bill the occupant of that unit until the individual submeter is repaired or replaced.

(g) The owner, operator, or manager of the apartment house or mobile home park, or a contractor hired by the owner, operator, or manager, shall:

  (1) Maintain adequate records regarding individual submeters;

  (2) Obtain any additional records needed by an occupant of a unit to verify a water bill; and

  (3) Allow the occupant of the unit to inspect the records during reasonable business hours.

(h)

  (1) A complaint by an occupant of a dwelling unit against an owner, operator, or manager of an apartment house or a mobile home park, or a contractor hired by the owner, operator, or manager, under this section may be filed in the county or municipality where the apartment house or mobile home park is located.

  (2) A complaint filed under paragraph (1) of this subsection may be handled by:

    (i) The landlord-tenant commission, if one exists, of the county or municipality;

    (ii) The consumer protection agency, if one exists, of the county or municipal corporation if there is not a landlord-tenant commission in the county or municipality or if the commission does not have jurisdiction;

    (iii) The Consumer Protection Division of the Office of the Attorney General, if there is not a consumer protection agency in the county or municipality or the agency does not have jurisdiction; or

    (iv) A private cause of action.

  (3) Nothing in this subsection shall be construed as preventing any State agency from exercising its authority regarding the collection of obligations arising from consumer transactions.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)