COMAR 26.04.02.08. Special Methods of Sewage Collection and Disposal

A. Except as authorized by the Department of Health in COMAR 10.15.03 , a person may not utilize, operate, or make available a portable unit to allow, support, or facilitate:

(1) The occupation or use of a new building or structure;

(2) The occupation or use of a modification, alteration, extension, or expansion of an existing building or structure; or

(3) A change in use.

B. A person may not utilize, operate, or make available a portable unit for longer than 3 days within a 60-day period without authorization from the Approving Authority.

C. The Approving Authority may require a permit to utilize, operate, or make available a portable unit or a privy.

D. The Approving Authority may inspect a portable unit or a privy and require corrective action to address a violation of this chapter or applicable law within a reasonable time.

E. An owner or operator of a property where a portable unit is located shall ensure that each portable unit at the property meets all of the following requirements:

(1) Is subject to an enforceable maintenance agreement with an appropriately qualified third party to maintain the portable unit in accordance with manufacturer specifications, to replenish supplies, and to sustain the portable unit in a clean and sanitary condition as determined by the Approving Authority;

(2) Is pumped by a licensed septage hauler, if applicable, to ensure that the portable unit does not experience overflows, backups, odors, or unsanitary conditions as determined by the Approving Authority;

(3) Is supplied with an appropriate number of handwashing or sanitization stations, if applicable, and maintained in a clean and sanitary condition as determined by the Approving Authority; and

(2) Is pumped by a licensed septage hauler, if applicable, to ensure that the portable unit does not experience overflows, backups, odors, or unsanitary conditions as determined by the Approving Authority;

(3) Is supplied with an appropriate number of handwashing or sanitization stations, if applicable, and maintained in a clean and sanitary condition as determined by the Approving Authority; and

(4) Receives potable water, if applicable, at a frequency necessary to maintain adequate water pressure with a backflow prevention device to protect the safety and potability of the stored water and the appropriate functioning of each connected device as determined by the Approving Authority.

F. A person may not build a privy unless the privy will, in the judgment of the Department, prevent:

(1) The soil from coming in contact with any fecal matter; and

(2) Flies from gaining access to any fecal matter.

G. Privies shall be located and constructed so as to prevent contamination of ground and surface water. A privy shall be constructed in such a manner as to be insect and rodent free and to prevent odor nuisances. Location and construction plans shall be approved by the Approving Authority before issuing a sewage disposal construction permit.

H. Chemical toilets shall be:

(1) Made from impervious materials;

(2) Vented to the outside air above the roof line of a structure housing them; and

(3) Supplied with an adequate amount of the chemical agent that reduces and deodorizes the tank contents.

I. The owner, operator, or licensee of a privy or a portable unit that contains septage shall ensure that the contents are removed and disposed of in accordance with Regulation .09 of this chapter .

Cross References 26.04.02.02I 26.04.02.02M Emergency Action 53:3 26-069-E (Regulation .08) EMERGENCY ACTION IN EFFECT 6/4/2026 — 12/1/2026