Ch. 612

LAWS OF MARYLAND

(1)  THIS SUBSECTION DOES NOT APPLY TO:

(I) THE CONSTRUCTION OF A NEW DWELLING; OR

(II) ANY ADDITION TO OR RENOVATION OF AN
EXISTING DWELLING.

(2)  THE SECRETARY SHALL ALLOW THE OWNER OF A DWELLING
UNIT TO INSTALL AN ON-SITE SEWAGE DISPOSAL SYSTEM FOR THE
DWELLING UNIT IF:

(I)  THE DWELLING UNIT IS OWNER-OCCUPIED;

(II)  THE DWELLING UNIT IS LEGALLY SITUATED ON A
PROPERTY AND LEGALLY OCCUPIED; AND

(III)  THE SECRETARY FINDS THAT THE ON-SITE
SEWAGE DISPOSAL SYSTEM WOULD BE A REASONABLE SOLUTION TO SEWAGE
PROBLEMS ON THE PROPERTY AND WOULD NOT BE AN UNDUE RISK TO THE
ENVIRONMENT OR TO PUBLIC HEALTH, SAFETY, OR WELFARE.

(D) PRIVIES; PRIVIES AND SHALLOW WELLS FOR CERTAIN
RELIGIOUS GROUPS.

(1)  A PERSON MAY NOT BUILD A PRIVY IN THIS STATE
UNLESS THE PRIVY WILL, IN THE JUDGMENT OF THE SECRETARY,
PREVENT:

(I)  THE SOIL FROM COMING IN CONTACT WITH ANY
FECAL MATTER; AND

(II)  FLIES FROM GAINING ACCESS TO ANY FECAL
MATTER.

(2)  IF THE SECRETARY FINDS THAT A PERSON HAS BUILT A
PRIVY IN VIOLATION OF PARAGRAPH (1) OF THIS SUBSECTION, THE
SECRETARY SHALL:

(I) CONDEMN THE PRIVY; AND

(II) ORDER ANY CHANGE NECESSARY SUFFICIENT TO
BRING ABOUT COMPLIANCE WITH PARAGRAPH (1) OF THIS SUBSECTION.

(3)  THIS SECTION DOES NOT AUTHORIZE THE SECRETARY TO
PROHIBIT A BONA FIDE RELIGIOUS GROUP IN ST. MARY'S COUNTY FROM
THE FREE EXERCISE OF THEIR RELIGIOUS BELIEFS BY CONSTRUCTING A
SHALLOW WELL OR A PRIVY, IF THE WELL OR PRIVY:                               

(I) IS BUILT IN ACCORDANCE WITH SPECIFIED
STANDARDS; AND

(II) IS NOT PREJUDICIAL TO HEALTH OR TO THE

ENVIRONMENT.

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