Office of the Executive Department of Public Works Office of the Director Alan J. McCarthy County Executive W. Scott Flanigan, P.E., Director

Alfred C. Wein, Jr. David Hollenbaugh, Deputy Director Director of Administration Office: 410.996.5259 Fax: 410.996.8460 Office: 410.996.5202 Fax: 800.863.0947 County Information 410.996.5200 410.658.4041 CECIL COUNTY, MARYLAND Department of Public Works Office of the Director 200 Chesapeake Boulevard, Suite 2400, Elkton, MD 21921

POLICY MEMORANDUM

TO: Customers and Potential Customers of the Cecil County Sanitary

Cc: Director of Administration County Attorney Director of Land Use & Development Services Director of Finance Environmental Health Director, Cecil County Health Department Chief, Wastewater Division, Department of Public Works

FROM: W. Scott Flanigan, P.E., Director of Public Works Acting in the Capacity of Director of Sanitary Facilities

SUBJECT: Cecil County Sanitary District Policy Memorandum # 2: Mandatory Connection to County Sanitary Sewer System

DATE: November X, 2017

1. Purpose. This memorandum establishes policy and procedures regarding the requirement to connect to sanitary sewer facilities owned by Cecil County, Maryland (“County”) and operated by the Cecil County Department of Public Works (“DPW”).

2. Policy.

a. §97-12 of the Cecil County Code requires property owners to connect to public sanitary sewer where and when it is available. It reads in applicable part: “When any water main or sewer is declared by the County complete and ready for the delivery of water or the reception of sewage, every abutting property owner, after due notice, shall make a connection of all spigots or hydrants, toilets and waste drains with said water main or sewer within the time prescribed by the County and in the manner prescribed by such rules and regulations as may be promulgated by the Director Customers and Potential Customers of the Cecil County Sanitary District SUBJECT: Cecil County Sanitary District Policy Memorandum # 2: Mandatory Connection to County Sanitary Sewer System November X, 2017 Page 2 of 5

of Sanitary Facilities pursuant to the provisions of this chapter.” §97-12 also requires property owners to formally abandon existing on-site disposal systems upon connection to County sewer.

b. §365-6 of the Cecil County Code contains similar language requiring connection to County sewer but also states, in applicable part, that such connections must be made “Within 90 days after the date of official notice to do so.”

c. In cases where sanitary sewer was or is being extended to address critical threats to public health and the environment as determined by the Environmental Health Director of the Cecil County Health Department in his or her sole discretion, property owners will be required to connect to County sewer within 90 days of completion of the project. Connections may be made by the County as part of the project.

d. In other cases where threats to public health and the environment are not the main purpose of the sewer extension project (for example, when sanitary sewer service is being extended primarily for the purpose of facilitating economic development), property owners will be allowed to defer connection for a period of time if they so choose in accordance with this policy memorandum.

3. Determination of Availability of Sanitary Sewer Service.

a. Sanitary sewer service shall be considered to be available to a parcel or property when that parcel or property abuts upon or adjoins that section of a public or private street, road, lane, alley or other right-of-way or easement in which a sewer main has been installed, unless one of the exceptions outlined herein applies.

b. Parcels or properties shall be considered served even if the sewer main does not extend along the entire length of the parcel’s road frontage.

c. Parcels or properties shall be considered served by sewer regardless of which side of the street, road, lane, alley, or other right-of-way or easement the sewer main is located on, with the exception of a divided highway such as Pulaski Highway/Route 40. In the case of divided highways, only those parcels located on the same side as the sewer main will be considered served.

d. Parcels or properties which abut upon or adjoin that section of a street, road, lane, alley, or other right-of-way or easement in which a sewer main is located where the sewer has been officially designated by the County as a “Denied Access Sewer Line” will not be considered served.

e. In cases where the County sewer is a force main (i.e. pressure sewer), parcels or properties fronting on it will be considered served, but may warrant a variance depending on the nature of the existing facility or proposed development. For example, it is generally not feasible to connect a single family dwelling directly to a force main; in such a case a variance would most likely be granted. A large commercial or industrial development or residential served by its own sewer pumping station probably would be able to pump directly into the force main and Customers and Potential Customers of the Cecil County Sanitary District SUBJECT: Cecil County Sanitary District Policy Memorandum # 2: Mandatory Connection to County Sanitary Sewer System November X, 2017 Page 3 of 5

so probably would not warrant a variance. Each situation will be evaluated on its merits and a determination made.

f. So-called “Panhandle Lots” in which only a narrow portion of the lot (perhaps for a driveway access) fronts on that section of a street, road, lane, alley, or other right-of-way or easement in which a sewer main is located is considered served but may warrant a variance based on the individual circumstances.

g. The Director of Public Works in his or her sole discretion will determine what parcels are served or not served with sewer in accordance with the guidelines contained herein.

h. Maps showing the location of County sewer lines and the parcels served thereby are available on the Cecil County Government website, www.ccgov.org (to be published).

4. Triggering Events for Connection to Sewer. The owner of each lot or parcel of land that is determined to be served by sanitary sewer shall be required to obtain all necessary approvals, pay all appropriate fees, and connect to the sewer line prior to or within the specified time as outlined below of the occurrence of any one of the following triggering events or the passage of ten (10) years from the date when the sewer construction project is declared by the Director of Public Works to be complete and ready to serve, whichever occurs first:

a. Title to the property is transferred, unless the transfer is the result of an inheritance or divorce settlement; this is intended to prevent such transfers from causing undue financial hardship. (Connection must be made and the existing on-site disposal system formally abandoned within 90 calendar days of closing.);

b. A building permit that requires the approval of the Health Department is issued for the renovation, expansion, or construction of any structure on the property. (Connection must be made and the existing on-site disposal system formally abandoned prior to Health Department approval of the building permit.);

c. The parcel is subdivided in any way as defined by the Cecil County Subdivision Regulations. (Connection must be made and the existing on-site disposal system formally abandoned prior to approval of the subdivision.);

d. The Cecil County Health Department determines that the existing on-site disposal system is not failed or failing but needs to be upgraded to accommodate increased wastewater flows due, for example, to an increase in the number of bedrooms or other factors. In this instance, exceptions for inheritance or divorce as outlined in 4.a. above do not apply. (Connection must be made and the existing on-site disposal system formally abandoned within 90 calendar days of the Health Department’s determination or prior to closing if the property is being sold or otherwise transferred.);

Customers and Potential Customers of the Cecil County Sanitary District SUBJECT: Cecil County Sanitary District Policy Memorandum # 2: Mandatory Connection to County Sanitary Sewer System November X, 2017 Page 4 of 5

e. The Cecil County Health Department determines that the existing on-site sewage disposal system serving the parcel in question has failed or is failing or otherwise constitutes a health hazard. (Connection must be made and the existing on-site disposal system formally abandoned within 90 calendar days of the Health Department’s determination.).

5. Voluntary Decision to Connect to Sewer. Nothing in this policy memorandum or the Cecil County Code is intended to deter or prevent a property owner from voluntarily connecting to sanitary sewer where available at any time without waiting for a triggering event to occur or the ten-year time limit to expire. In fact, property owners are encouraged to do so. There may be grant funding available to help defray the cost or other incentives for those voluntarily deciding to connect sooner.

6. Properties Served But Not Currently Connected.

a. There are multiple instances where County sewer was extended or installed prior to the issuance of this policy memorandum yet certain properties were, for some reason, not connected at the time the sewer line was installed.

b. In those instances, those property owners will be required to connect when one of the specified triggering events outlined in paragraph 4 above occurs or ten years pass from the original date of issuance of this revised policy memorandum, whichever occurs first. (The revised policy memorandum was issued on November X, 2017. Therefore, the ten-year deferral period in these instances expires on November X, 2027.)

7. Variances.

a. Even though a parcel or property is determined to be served by County sewer, there may be circumstances which make it impractical or perhaps even physically impossible to connect to County sewer. Those circumstances can include, but are not limited to, such things as distance, terrain, or the type of sewer (i.e. force main) fronting the parcel or property. In such cases, a variance to exempt the parcel or property from the requirement to connect to sewer (either temporarily or permanently) may be warranted.

b. Financial hardship is not grounds for a variance. In such cases, DPW and the Department of Finance will work with the property owner to pursue grant funding, make financing arrangements, and/or seek other sources of financial assistance as warranted in an effort to mitigate the financial impact of the associated costs.

c. In cases where the owner of a property which has been determined to be served by sewer has reached the end of the initial ten-year deferral period, still prefers not to connect to sewer, has not had a “triggering event” as defined in this policy memorandum, and believes that their existing septic system is functioning properly, can request a variance to extend the deadline to connect to County sewer by an additional five years. Upon receipt of such a request, the County will have the septic system inspected by a qualified inspector in accordance with the County’s approved septic system inspection criteria (to be published). If the septic system is determined to be functioning Customers and Potential Customers of the Cecil County Sanitary District SUBJECT: Cecil County Sanitary District Policy Memorandum # 2: Mandatory Connection to County Sanitary Sewer System November X, 2017 Page 5 of 5

properly, then the variance request will be granted and the deadline to connect extended an additional five years. At the end of the five-year extension, the process can be repeated. If, however, the system is found to be failed or failing, then that will constitute a triggering event and the property owner will be required to connect to sewer within 90 calendar days of that determination in accordance with this policy.

d. The Deputy Director of Public Works or another designee of the Director of Public Works is the approval authority for variances from the policy and procedures outlined in this policy memorandum. An applicant seeking a variance shall submit such a request in writing and, except in circumstances as outlined in paragraph 7.c above, shall bear the burden of demonstrating that exceptional circumstances exist that were not the result of actions taken or not taken by the applicant which warrant such a variance. Prior to approving a request for a variance, the approval authority shall consult with the Environmental Health Director of the Cecil County Health Department or his or her designee and take his/her recommendation into consideration in making a decision. In granting a variance, the approval authority may prescribe such conditions as are deemed necessary and appropriate.

e. Any party aggrieved by the decision of the Deputy Director of Public Works or designee regarding a request for a variance may appeal said decision in writing to the Director of Public Works.

f. Any party aggrieved by the decision of the Director of Public Works regarding a variance may appeal said decision to the Cecil County Circuit Court.

8. Proponent. The Director of the Cecil County Department of Public Works is the proponent for this policy memorandum. Suggestions, questions or concerns regarding this policy memorandum should be addressed to the Director of Public Works, 200 Chesapeake Boulevard, Suite 2400, Elkton, Maryland 21921 or by phone at (410) 996-5259.

9. Effective Date. This policy memorandum is effective immediately and supersedes previous versions of Cecil County Sanitary District Policy Memo # 2: Mandatory Connection to County Sanitary Sewer System. It remains in effect unless and until it is revoked or replaced in writing by the Director of Public Works.