Section 9-510 - Miscellaneous powers and duties of Department.
§ 9-510. Miscellaneous powers and duties of Department.
(a) Powers.- In addition to the powers set forth elsewhere in this subtitle, the Department may:
(1) Conduct surveys and research to carry out the provisions of this subtitle; and
(2) Specify the location for any sewage treatment facility discharge point that is included in any county plan.
(b) Duties.- In addition to the duties set forth elsewhere in this subtitle, the Department shall adopt rules and regulations:
(1) To carry out the provisions of this subtitle;
(2) To control, limit, or prohibit the installation and use of:
(i) Water supply systems; and
(ii) Sewerage systems;
(3) To require that, before installation of individual water supply systems or individual sewerage systems, consideration be given to:
(i) Present and future population density;
(ii) Size of parcels;
(iii) Contour of the land;
(iv) Porosity and absorbency of the soil;
(v) Ground water conditions;
(vi) Availability of water from unpolluted aquifers;
(vii) Type of construction of community water supply systems;
(viii) Type of construction of community sewerage systems;
(ix) Size of the proposed development; and
(x) Any other pertinent factors;
(4) To require that, giving consideration to the factors in item (3) of this subsection, areas be served by community facilities if the Department finds them to be reasonably necessary:
(i) By installation of the community water supply system, community sewerage system, or solid waste disposal system; and
(ii) By connection of all premises to or service to all premises by the community water supply system, community sewerage system, or solid waste disposal system;
(5) To require that community water supply systems, community sewerage systems, and solid waste disposal systems be constructed to allow the connection of those systems to a larger system, if that larger system becomes available;
(6) To allow a person to install an individual water supply system or an individual sewerage system in any area where a community water supply system or a community sewerage system is not available or required to be installed in the area if:
(i) The Department finds that the individual system is adequate and safe for use before a community system is scheduled to be available in the area; and
(ii) The individual system is constructed in the most economical and convenient way to permit connection to a community system in the area, and the person guarantees the connection to a community system:
1. When the county governing body where the area is located sets a time; and
2. In accordance with this subtitle, any rules and regulations adopted under this subtitle, and any other State law or county requirement by:
A. Posting a bond to secure actual construction and installation of the systems with satisfactory surety for the benefit of the county governing body; or
B. Making any other arrangement that the Department considers necessary and adequate to carry out the provisions of this subtitle;
(7) If a solid waste disposal system is not available or required to be installed in any area as provided in item (4) of this subsection, to allow a person to provide a solid waste acceptance facility in the area without a systematic collection and transportation system;
(8) To require that, before issuance of a permit for construction of a community or multiuse sewerage system, a financial management plan sufficient to ensure the dependable and safe operation of the system has been adopted within the county plan and approved by the Department; and
(9) To require that:
(i) Before issuance of a permit for construction of a privately owned community water supply system that will serve 4 or more residential lots or 2 or more other lots, the applicant has proposed a financial management plan sufficient to ensure the dependable and safe operation of the system, and the plan has been approved by the Department; and
(ii) The applicant shall comply with the plan as approved by the Department.
[1983, ch. 542, § 2; 1984, chs. 255, 798; 1992, ch. 295.]