§ 3.804. General provisions.

(a)

Disposal Methods.

(1)

Domestic sewage. All domestic sewage shall be disposed of by an approved method of collection, treatment, and effluent discharge in accordance with COMAR and this subtitle. It is a violation of subsection 12.110(a)3 of the Howard County Code to improperly dispose of domestic sewage.

(2)

Human body wastes. Where water under pressure is not available, all human body wastes shall be disposed of by depositing them in approved privies, chemical toilets, or other installations that meet the standards of this subtitle and COMAR.

(3)

On-site sewage disposal systems. Water-carried sewage from bathrooms, kitchens, laundry fixtures, and other household plumbing shall pass through a septic or other approved sedimentation tank prior to its discharge into the soil. Where conventional sewage disposal systems are not feasible, consideration may be given to nonconventional methods of collection, treatment, and disposal. A food waste grinder connected to a sink may not be connected to a domestic on-site sewage disposal system. It is the owner's responsibility to maintain an on-site sewage disposal system as installed and to avoid creation of a public health nuisance.

(b)

Responsibility. Any person who owns, installs, alters, or constructs an on-site sewage disposal system including, but not limited to, an owner, plumbing contractor, or sewage disposal system contractor, are jointly and severally responsible for compliance with this subtitle and for fulfilling the requirements of the design for the construction, addition, or alteration of on-site sewage disposal systems approved by the approving authority.

(c)

Prohibited Methods of On-site Sewage Disposal.

(1)

Cesspool or septic tank. A cesspool, septic tank, or other means of private sewage disposal is not permitted wherever a sewer under public ownership adjoins the property in question. Each existing cesspool or other means of on-site sewage disposal shall be eliminated and abandoned. It is the owner's responsibility that abandoned sewage disposal systems are disconnected from the buildings, pumped out, and filled with earth.

(2)

Insufficient lot area or improper soils. When the approving authority finds there to be insufficient lot area or improper soil conditions for adequate sewage disposal for the building or land use proposed, a building permit shall not be issued and an on-site sewage disposal system shall not be permitted.

(d)

Additions, Alterations and Changes. On-site sewage disposal systems serving existing structures, for which additions, alterations, or changes in use are proposed, shall be determined by the approving authority as capable of handling existing and reasonably foreseeable increases in sewage flow based on soil permeability rate, amount, and type of usable soils, water table depth, use of property, and maximum sewage flow as outlined in the provisions of this subtitle.

(e)

Construction Materials. Materials of construction shall be as indicated in this subtitle and the National Standard Plumbing Code (2006), as adopted in Subtitle 3 of this title of the Howard County Code. Where materials are not shown or indicated by a standard or by a recognized testing agency specification, materials shall conform to the standards sited in the National Standard Plumbing Code (2006), as adopted in subtitle 3 of this title of the Howard County Code.

(f)

Insanitary Conditions—Approval of Other Methods. When there are existing public health hazards due to insanitary conditions caused by malfunctioning on-site sewage disposal systems and the unsanitary conditions cannot be eliminated through the use of conventional sewage disposal systems, the approving authority may grant a waiver to the requirements of this subtitle in accordance with section 3.803 and COMAR and may approve the installation of nonconventional sewage disposal systems.

(g)

Separation of Groundwater. The separation to the ground water shall be maximized for the installation of an on-site sewage disposal system and shallow system designs shall be required where feasible.

(h)

Approving Authority.

(1)

Generally. Wherever the provisions of this subtitle are more strict than the requirements contained in COMAR, the approving authority shall administer, enforce, and interpret the provisions of this subtitle and may adopt minimum standards in accordance with this subtitle and COMAR for the design and construction of on-site sewage disposal systems in the implementation of this subtitle.

(2)

Stricter standards. Nothing contained in this subtitle shall be construed to prevent the approving authority from requiring compliance with more strict standards than those contained herein where such stricter standards are essential to maintain a safe and sanitary condition.

(Ord. No. 81, 2006, § 1)