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Statutes Text

Article - Environment




§9–217.2.    IN EFFECT

    ** IN EFFECT UNTIL JUNE 30, 2025 PER CHAPTER 419 OF 2022 **

    (a)    In this section, “license holder” means an individual who holds a valid on–site wastewater property transfer inspection license issued by the Department under this section.

    (b)    This section does not apply to an individual who inspects an on–site sewage disposal system as a part of the individual’s duties as an employee of the federal government, the State, or any local government of the State.

    (c)    On or after July 1, 2022, an individual may not engage in the business of inspecting an on–site sewage disposal system for the purpose of property transfer unless the individual holds a valid on–site wastewater property transfer inspection license issued by the Department.

    (d)    (1)    On or before January 1, 2022, the Department shall adopt regulations establishing eligibility criteria, minimum training standards for on–site wastewater property transfer inspection licenses, the frequency with which licenses must be renewed, and the fees for license applications and renewals.

        (2)    The regulations adopted under this subsection shall require that:

            (i)    The training include instruction on determining whether an on–site sewage disposal system is:

                1.    In need of replacement or repair; and

                2.    Not in compliance with statutory or regulatory requirements; and

            (ii)    Each inspection performed by a license holder follows the inspection format provided by the Department.

    (e)    (1)    An applicant for a license under this section shall:

            (i)    Submit an application to the Department on the form the Department provides; and

            (ii)    Pay an application fee set by the Department.

        (2)    Application fees collected by the Department under this subsection shall be paid into the On–Site Wastewater Professionals Fund established under § 9–11A–11 of this title.

    (f)    (1)    An individual who violates a provision of this section or any regulation adopted under this section is subject to an administrative penalty not exceeding $10,000.

        (2)    Each on–site sewage disposal system that an individual knowingly inspects for the purpose of property transfer without a valid on–site wastewater property transfer inspection license constitutes a separate violation of this section.

        (3)    Any administrative penalty collected by the Department under this subsection shall be paid into the Maryland Clean Water Fund established under § 9–320 of this title.

    (g)    A local government may establish additional requirements for inspections of on–site sewage disposal systems.



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