These regulations set forth certain requirements in connection with the installation, material alteration, or material extension of major water supply systems and major sewerage systems, including the requirement that a permit must first be issued by the Department of the Environment, and the related fees. In this chapter, the following terms have the meanings indicated. Terms Defined. “Department” means the Department of the Environment. “Design capacity” means the maximum flow capacity that something is capable of providing while achieving and maintaining the level of performance for which it was designed. “Includes” means including but not limited to. “Local government" means a Maryland county, municipality, sanitary commission, sanitary district, or other local government entity or unit of it. “MGD” means million gallons per day. “Major sewerage system” means the pipes or other channels by which sewage is or is intended to be collected, conveyed, prepared for discharge and disposed of, together with all structures, pumping stations, tanks, equipment, and appurtenances used or intended to be used in its collection, conveyance, or preparation for discharge in satisfactory condition into the ground waters or other waters of the State, excluding only: Minor building connections; The plumbing systems, including pumping stations, inside the buildings served; Septic tanks and their related drain fields and other appurtenances; and Gravity sewers with diameters 15 inches or smaller. “Major water supply system” means a system consisting of all pipes or other channels, structures, pumping stations, equipment, and appurtenances by means of which water is, or is intended to be, collected, treated, or conveyed for drinking or domestic purposes, which serves, or is intended to serve, 25 or more of the same persons on a day-to-day basis at least 6 months out of the year or which serves, or is intended to serve, 15 or more residential connections, excluding only: Minor building connections; The plumbing systems, including pumping stations, inside the buildings served; Wells; and Water mains with diameters 15 inches or smaller. “Materially alters” means any alteration other than: Normal maintenance and repair; The addition of a minor building connection; or The installation of a meter, valve, or hydrant, and similar minor alterations. “Materially extends” means any extension of water mains or gravity sewers with diameters greater than 15 inches. “Minor building connection” means a pipe or other channel having a projected flow not exceeding 5,000 gallons per day average daily flow running from a particular building, structure, or other facility that it serves to that point at which it is first connected to a: Pipe or other channel that runs along a right-of-way area; Pipe or other channel which also serves other buildings; or Pumping station. “Person” includes: Any individual, partnership, firm, association, corporation, or other entity; Any receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind; and The federal government, a state, a local government, or unit of them. “Pumping station” means a facility or system with a total design capacity greater than 5,000 gallons per day average daily flow that is designed to deliver water or sewage from a lower elevation to a higher elevation. The facility may include pumps, controls, and auxiliary equipment, as well as the structures containing these items. “Right-of-way area” means: A road, street, alley, or other easement or right-of-way area benefitting more than one parcel of land; and An existing or proposed road, street, alley, or other easement or right-of-way area benefitting more than one lot or parcel of land, as shown on a subdivision plat that is recorded in the local land records or as shown on a plat submitted to a governmental entity for review in connection with an intended or planned subdivision. “Sewage” means: Any human excretion or water-carried domestic waste; and A mixture of any human excretion or water-carried domestic waste with any other liquid or water-carried waste, such as manufacturing or industrial waste, street wash, rain water discharged from roofs, lawns, paved areas, etc., and ground garbage. “Sewage collection lines” means the part, if any, of a major sewerage system consisting of the pipes and other channels by which sewage is collected and conveyed to the place for its treatment and disposal, including sanitary sewer lines and force main lines, but excluding pumping stations. “Sewage treatment plant” means the part, if any, of a major sewerage system consisting of a facility, other than a septic tank, using chemical, physical, or biological processes, or all of these, to prepare sewage in a satisfactory condition for discharge into the ground waters or other waters of the State or for application on land after it is treated. Unit Process. “Unit process” means the equipment and other improvements at a water supply plant or sewage treatment plant used in each distinct step in the process of treating water or sewage. “Unit process” includes: Clarifiers; Activated sludge aeration tanks; Disinfection facilities; Filtration units; Digestors; and Belt filter presses. “Water distribution lines” means the part, if any, of a major water supply system consisting of the pipes and other channels by which water that has been prepared for human consumption is conveyed from the place of its treatment to the consumer or other user, excluding pumping stations. “Water supply plant” means the part, if any, of a major water supply system consisting of a facility using chemical, physical, or biological processes, or all of these, to prepare water that is safe for human consumption and domestic purposes, together with all water storage facilities irrespective of their location. Permit. A person shall have a permit issued by the Department under Environment Article, §9-204, Annotated Code of Maryland, before the person installs, materially alters, or materially extends a major water supply system or major sewerage system within the State. Construction in Accordance with Permit. Within the State, a person may not: Install, materially alter, or materially extend a major water supply system or major sewerage system except in accordance with a permit, and including any conditions or requirements set forth in the permit, issued to the person by the Department under Environment Article, §9-204, Annotated Code of Maryland; or Embody any material change in construction until the Department has issued a revised permit based on the submission to the Department of any material change in the plans and specifications, together with the reason for the change. Capacity Development Assessment Program. Before a permit may be issued under Environment Article, §9-204, Annotated Code of Maryland, for new major water supply systems, a permit applicant shall demonstrate to the satisfaction of the Department that it has the technical, financial, and managerial capacity to operate the system as required by COMAR 26.04.01.36. Application Contents. To apply for a permit, an applicant shall submit to the Department an application consisting of all of the following: A completed application form as specified by the Department; A fee equal to the sum of the amounts due under Regulations .05 and .06 of this chapter unless the permit is exempt from the requirement to pay a fee under the provisions of the governmental exemption set forth in Regulation .07 of this chapter; The complete plans and specifications for the installation, alteration, or extension of the major water supply system or major sewerage system, prepared in accordance with all requirements of §§B—E of this regulation; If required by the Department, an engineering report prepared in accordance with the requirements of §F of this regulation; Information the Department may require to demonstrate that the requirements of the county water and sewer comprehensive plan and applicable laws are satisfied; and Other information the Department requires, including information required by the Department in COMAR 26.04.01.36. Upon receiving an application, the Department shall determine the total fee due and, if the applicant has paid less than the total amount which the Department determines is due, the Department shall promptly notify the applicant of the need to pay the additional amount due. Until the Department has received the total fee which it has determined is due, together with everything required under or pursuant to §A(1) of this regulation, and any changes or corrections required by the Department have been made, the complete application is not considered to have been submitted and the Department is under no obligation to issue or deny a permit. Fees are nonrefundable. Fees may be paid by check or money order made payable to the Maryland Department of the Environment. Submittal of plans and specifications shall be made by the person or persons for whom the work is to be done, or their properly authorized engineers or agents. Submission of Plans and Specifications. Complete plans and specifications for proposed work should be submitted for approval at least 30 days before action on them is expected, although action may be taken by the Department before the expiration of that time. Reports, plans, and specifications shall be prepared by, signed by, and bear the seal of, a professional engineer licensed in Maryland, except that landscaping and any architectural feature of any building, pumping station, water filtration plant, sewage treatment plant, or elevated water storage unit may also be submitted, signed by, and bear the seal of, an architect licensed in Maryland. Plans not conforming with the requirements of this subsection may not be accepted. Plans shall be neatly and legibly drawn upon transparencies or acceptable paper so that copies may be obtained. Except when the originals are presented to the Department for preliminary review, the originals shall be kept by the party presenting the plans, and true copies, which may be white, blue, or black line prints, offset prints, or photostats on a white background, shall be submitted to the Department. Plans may not be returned after submission. When revisions are necessary, the revisions shall be made on the original tracings and new true copies shall be submitted to the Department. Revisions or additions may not be made directly on the true copies previously or currently submitted to the Department. Plans shall be specifically prepared for each project. Size of Plans. Plans may not be greater than 30 × 42 inches or less than 8-1/2 × 11 inches. Number of Plans. Two sets of plans and specifications shall be submitted for water supply plants, sewage treatment plants, and pumping stations. One set of plans and specifications shall be submitted for water distribution lines, sewage collection lines, and any other improvements for which a permit is required by this chapter. If acceptable and approved, the plans shall be retained in the Department's files, and an appropriate reference made to them in the written permit. Title of Plans. Each separate drawing shall include a proper title containing the name of the person or persons for whom it is made, the name of the locality to which it refers, a proper description for a full understanding of the nature of the drawing, and the scale, date, and name of the engineer, architect, or surveyor preparing it. On each plan showing a locality or street layout, an arrow shall be placed designating the direction of north. Plans should be so arranged, whenever practicable, so that north is towards the top or to the left of the sheet. Engineer's Report. A complete engineering report, if required by the Department, shall accompany or precede the application for each new major project. The report shall contain full information discussing any existing facility and the proposed or new facility, and include all pertinent data necessary to permit a clear and comprehensive review of the subject. Exception. Notwithstanding §§B—E of this regulation and Regulation .09 of this chapter, and in the discretion of the Department, fees for minor improvements or revisions to existing permits may be waived or reduced. Application and Permit Fees. An applicant for a permit to install, materially alter, or materially extend a major water supply system shall pay the sum of the applicable fees set forth in the fee schedules in §§C—E of this regulation. Water Supply Plants. Fees for a new plant and fees for an existing plant at which two or more new unit processes are to be constructed are as follows: Fees for an existing plant at which only one new unit process is to be constructed are as follows: If no fee is due under §C(1) or (2) of this regulation, the fee shall be the lesser of the: Amount listed in §C(2) of this regulation for the design capacity of the particular plant; or Sum of the following: $125 for each unit process that is installed, materially altered, or materially extended, plus $125 for each component, which is not part of a unit process, that is installed, materially altered, or materially extended. In §C(3)(b) of this regulation, examples of components which are not part of a unit process include bar screens, intake structures, storage tanks, flow diversion structures, and chemical feed pumps. Water Distribution Lines. Fees for new lines and material alterations and material extensions to existing lines are set forth in §D(2) and (3) of this regulation. Water supply plant and pumping station fees are additional. Fees for distribution lines and appurtenances are as follows: Pumping Stations. Fees for new pumping stations and for material alterations and material extensions to existing pumping stations are set forth in the following fee schedule in this section: The combined design capacity of all lift stations applied for under the permit shall be used in calculating the design capacity. Exception. Notwithstanding §§B—E of this regulation and Regulation .09 of this chapter, and in the discretion of the Department, fees for minor improvements or revisions to existing permits may be waived or reduced. Application and Permit Fees. An applicant for a permit to install, materially alter, or materially extend a major sewerage system shall pay the sum of the applicable fees set forth in the fee schedules in §§C—E of this regulation. Sewage Treatment Plants. Fees for a new plant and fees for an existing plant at which two or more new unit processes are to be constructed are as follows: Fees for an existing plant at which only one new unit process is to be constructed are as follows: If no fee is due under §C(1) or (2) of this regulation, the fee shall be the lesser of the: Amount listed in §C(2) of this regulation for the design capacity of the particular plant; or Sum of the following: $125 for each unit process that is installed, materially altered, or materially extended, plus $125 for each component, which is not part of a unit process, that is installed, materially altered, or materially extended. In §C(3)(b) of this regulation, examples of components which are not part of a unit process include bar screens, comminutors, splitter boxes, flow meters, sludge holding tanks, and sludge drying beds. Sewage Collection Lines. Fees for new lines and material alterations and material extensions to existing lines are set forth in §D(2) and (3) of this regulation. Sewage treatment plant and pumping station fees are additional. Fees for sewage collection lines and appurtenances are as follows: Pumping Stations. Fees for new pumping stations and for material alterations and material extensions to existing pumping stations are set forth in the following fee schedule: The combined design capacity of all lift stations applied for under the permit shall be used in calculating the design capacity. General. Improvements to be constructed pursuant to a permit are not exempt from the fees due under this chapter unless they will be governmentally owned as soon as they become affixed to the real property, that is, as they are constructed, and satisfy all requirements of either §B or C of this regulation. The applicant for the permit shall be a governmental entity as listed in Regulation .02B(11)(c) of this chapter, and the permit shall be issued in the name of that governmental entity. Local Governments. When the applicant is a local government, the application and permit are exempt from the fee that would otherwise be due if: The requirements of §A of this regulation are satisfied; and As part of its application, the local government submits documentation, satisfactory to the Department, that less than half of the total cost of the improvements to be constructed pursuant to the permit are expected to be directly or indirectly funded from amounts private developers or other private persons have previously contractually agreed to pay, in connection with the development of a project or projects that the improvements authorized by the permit will serve. Unless the Department requires additional documentation in a specific instance, the documentation required by §B(1)(b) of this regulation may be in the form of a certification, signed by a local government official, that the requirement of §B(1)(b) of this regulation is satisfied. State and Federal Governments. When the applicant is a state, the federal government, or a unit of them, the application and permit are exempt from the fee that would otherwise be due, provided that the requirements of §A of this regulation are satisfied. Satisfactory Documentation. Before exempting a permit from payment of the fee that otherwise would be due, the Department may require documentation satisfactory to it that the applicable requirements of this regulation are satisfied. Within 60 days after the completion of the work under a permit, the holder of the permit shall submit to the Department, for permanent record, a copy of the plans, with a certification satisfactory to the Department, that shows the work as built, or a certification satisfactory to the Department that the work was built in accordance with the original plans approved by the Department. An applicant for a revised permit to install, materially alter, or materially extend a major water supply system or major sewerage system shall submit any information the Department requires and pay a nonrefundable revised permit application fee of $100. Permits expire 3 years after the date of issuance, unless an extension is granted by the Department. The permit holder may apply to the Department for a 1-year extension of the permit expiration date. The nonrefundable fee for applying for the extension is $50. The granting of a permit extension is in the discretion of the Department. This chapter implements the requirements of Environment Article, §9-204, Annotated Code of Maryland, in connection with major water supply systems and major sewerage systems. This chapter may not be interpreted as meaning that a permit issued under Environment Article, §9-204, Annotated Code of Maryland, is not required for the installation, material alteration, or material extension of a: Water supply system, as defined in Environment Article, §9-201, Annotated Code of Maryland, that is not a major water supply system; or Sewerage system, as defined in Environment Article, §9-201, Annotated Code of Maryland, that is not a major sewerage system. Persons violating these regulations or any permit issued under these regulations are subject to Environment Article, §§9-268 and 9-334—9-342, Annotated Code of Maryland, and the penalties set forth there. Environment Article, §§9-204 and 9-510, Annotated Code of Maryland Effective date: January 1, 1992 (18:25 Md. R. 2759) Regulations .02, .05, and .06 amended as an emergency provision effective November 17, 1995 (22:25 Md. R. 1959); amended permanently effective February 26, 1996 (23:4 Md. R. 274) Regulation .03C adopted effective October 4, 1999 (26:20 Md. R. 1548) Regulation .04A amended effective October 4, 1999 (26:20 Md. R. 1548)