# COMAR 26.04.02.02: COMAR 26.04.02.02. General Provisions > Maryland · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_02 ## Section - **Citation:** COMAR 26.04.02.02 - **Heading:** COMAR 26.04.02.02. General Provisions - **Jurisdiction:** Maryland - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Code of Maryland Regulations / Title 26 DEPARTMENT OF THE ENVIRONMENT / Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, SOLID WASTE, AND RECYCLABLE MATERIALS / Chapter 02 Sewage Disposal and Certain Water Systems for Homes and Other Establishments in the Counties of Maryland Where a Public Sewage System Is Not Available / COMAR 26.04.02.02 ## Text A. The requirements of this chapter apply to new on-site sewage disposal systems and non-community water supply systems, replacements, additions to existing systems, repair or replacement of an existing system and any potential changes in the strength or volume of the sewage entering an on-site sewage disposal system. B. If a community sewerage system is adequate and economically available to the building to be served, the Approving Authority may require a connection to the system. C. On-Site Disposal System. (1) Notwithstanding any other provision of this regulation, the Department may approve an on-site sewage disposal system: (a) For a lot or parcel that was recorded and approved by the Department on or before November 17, 1985 if it meets the Department’s regulations and policies that were in effect on November 17, 1985, and has at least one replacement system area; or (b) For a lot or parcel that was recorded and approved by the Department on or before November 18, 1985 and was approved subject to a 10,000 square foot or greater disposal area, if it meets the other requirements and policies that were in effect on November 17, 1985. However, if a lot was approved subject to a 10,000 square foot disposal area, this disposal area is required; or (c) For a lot that was recorded without Department approval before November 18, 1985, if it meets the other requirements of this regulation except that only area sufficient for an initial and one replacement system is required for the lot’s initial dwelling unit. A 10,000 square foot area sufficient for an initial system installation and two replacement systems is required for each additional dwelling unit. nt system area; or (b) For a lot or parcel that was recorded and approved by the Department on or before November 18, 1985 and was approved subject to a 10,000 square foot or greater disposal area, if it meets the other requirements and policies that were in effect on November 17, 1985. However, if a lot was approved subject to a 10,000 square foot disposal area, this disposal area is required; or (c) For a lot that was recorded without Department approval before November 18, 1985, if it meets the other requirements of this regulation except that only area sufficient for an initial and one replacement system is required for the lot’s initial dwelling unit. A 10,000 square foot area sufficient for an initial system installation and two replacement systems is required for each additional dwelling unit. (2) If the Department has approved a county’s groundwater protection plan, a sewage disposal system may be installed with less than a 4-foot treatment zone in a coastal plain county if the system complies with a groundwater protection report incorporated in the county’s master water and sewerage plan. These counties include Talbot, Dorchester, Wicomico, Worcester, Somerset, Caroline, and Queen Anne’s. A maximum density requirement of 160 residences or its equivalent per square mile for ground water protection shall apply in these areas for lots where direct ground water penetration is used for sewage disposal. D. A person may not store, transport, or dispose of sewage, body, or industrial waste in any manner which may pollute the ground surface, the waters of the State, or create a nuisance. E. A person may not store, transport, or dispose of sewage, body, or industrial waste in any manner which may pollute the ground surface, the waters of the State, or create a nuisance. F. Water Supply for Non-Community System. (1) Except as authorized by the Department, a person may not construct or install a well to provide potable water to a property that is already connected to a community water supply system. ity. In those instances where connection of more than one building to an onsite sewage disposal system is approved, the available area for onsite sewage disposal shall meet the requirements established by §C of this regulation . I. If water under pressure is not available, all human body wastes shall be disposed of in approved privies or portable units subject to Regulation .08 of this chapter . J. Site evaluations including percolation tests shall be conducted under the supervision of the Approving Authority. Other pertinent soil evaluations may be required by the Approving Authority if considered necessary. K. A holding tank may be used to resolve an existing on-site sewage disposal failure if a community sewerage facility is not available and on-site repair protective of the public health is not possible. A holding tank may not be permitted to serve new construction or for the purpose of adding capacity to an existing disposal system in order to accommodate a change in property use. For a building served by a holding tank, the Approving Authority may not allow a building addition or a change-in-use or operation that would result in a foreseeable or potential increase in sewage flows from the building. A holding tank may be permitted to serve a public building as determined by the Approving Authority and the Department of the Environment to be essential. The permission to allow a holding tank for an essential public service building shall include consideration of the following: (1) Whether the proposed building is directly related to and necessary to protect the public safety; (2) Whether the proposed building supplies any critical public service; (3) The volume and character of the waste to be generated, and, its ultimate disposal; and essential. The permission to allow a holding tank for an essential public service building shall include consideration of the following: (1) Whether the proposed building is directly related to and necessary to protect the public safety; (2) Whether the proposed building supplies any critical public service; (3) The volume and character of the waste to be generated, and, its ultimate disposal; and (4) The expected length of time the holding tank will be in service before a conventional disposal mode is available. L. A person may not construct, install, operate, or use a holding tank to serve a property that is already connected to a community sewerage system. M. A holding tank is required to hold a minimum of 7 days effluent and shall be of watertight construction. The Approving Authority may require a test of water tightness, in accordance with Regulation .05(F) of this chapter . The owner shall regularly remove and dispose of the contents in accordance with Regulation .08 of this chapter . The applicant shall submit, along with the application, a maintenance contract which is acceptable to the Approving Authority and which includes an acceptable pumping schedule by an approved liquid waste hauler. The Approving Authority may issue a holding tank permit if it determines that the issuance of the permit complies with the requirements of this section and does not compromise the public health, a maintenance contract requires safe and adequate disposal of sewage generated, and a holding tank agreement and easement is recorded in the land records for the property. N. Criteria for a Holding Tank for an Owner Occupied, Legally Occupied, and Legally Situated Dwelling Unit. (1) A community sewerage facility is not available and on-site repair is not possible. (2) The dwelling unit is presently legally occupied by the owner or some other person who has permission of the owner or is vacant, but could be occupied by the owner or some other person who has permission of the owner. oved by the Approving Authority or a third party approved by the Approving Authority. P. If hydrologic or geologic problems exist, or if construction activities may adversely impact the sewage system, the Approving Authority may require installation, inspection, and approval of the on-site sewage disposal system before issuance of the building permit by the local agency issuing building permits. Q. The permitee shall backfill all as excavations soon as possible. If an excavation is required to be left open, the excavator shall properly protect the excavation to prevent injury to humans and animals. R. Every person engaged in the business of removing and disposing of the solid and liquid contents of on-site sewage disposal systems shall obtain an annual permit from the Approving Authority. S. Sewage or sewage effluent, treated or non-treated, may not be disposed of in any manner that is likely to cause contamination of a potable water supply system or waters of the State, or create a nuisance. T. An Approving Authority may require operating permits for on-site sewage disposal systems. U. A local jurisdiction may establish a responsible management entity to manage, operate and maintain an on-site sewage disposal system. Cross References 15.20.13.03C(26) 26.04.06.03B(89) Emergency Action 53:3 26-069-E (Regulation .02) EMERGENCY ACTION IN EFFECT 6/4/2026 — 12/1/2026 ## Nearby sections - [COMAR 26.04.02.01 COMAR 26.04.02.01. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_01.md) - [COMAR 26.04.02.02 COMAR 26.04.02.02. General Provisions](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_02.md) - [COMAR 26.04.02.03 COMAR 26.04.02.03. On-Site Sewage Disposal Permits](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_03.md) - [COMAR 26.04.02.04 COMAR 26.04.02.04. Site Evaluation](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_04.md) - [COMAR 26.04.02.05 COMAR 26.04.02.05. Design and Construction of Conventional On-Site Sewage Disposal Systems](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_05.md) - [COMAR 26.04.02.06 COMAR 26.04.02.06. Non-Conventional On-Site Sewage Disposal Systems](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_06.md) - [COMAR 26.04.02.07 COMAR 26.04.02.07. Best Available Technology for Removal of Nitrogen (BAT)](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_07.md) - [COMAR 26.04.02.08 COMAR 26.04.02.08. Special Methods of Sewage Collection and Disposal](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_08.md) - [COMAR 26.04.02.09 COMAR 26.04.02.09. Septage](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_09.md) - [COMAR 26.04.02.10 COMAR 26.04.02.10. Variances](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_10.md) - [COMAR 26.04.02.11 COMAR 26.04.02.11. Appeal](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_11.md) - [COMAR 26.04.02.12 COMAR 26.04.02.12. Penalty](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_12.md) - [COMAR 26.04.02.13 COMAR 26.04.02.13. Map](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_13.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_26_04_02_02. Check the current official text before relying on it. Not legal advice.