Shared facility or community sewerage systems.

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    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Community sewerage system” means a publicly or privately owned sewerage system that serves at least two lots.

        (3)    “Controlling authority” means a unit of government, a body public and corporate, or an intercounty agency authorized by the State, a county, or a municipal corporation to provide for the management, operation, and maintenance of a community sewerage system, shared facility, or multiuse sewerage system.

        (4)    “Shared facility” means a sewerage system that:

            (i)    Serves more than one:

                1.    Lot and is owned in common by the users;

                2.    Condominium unit and is owned in common by the users or by a condominium association;

                3.    User and is located on individual lots owned by the users; or

                4.    User on one lot and is owned in common by the users;

            (ii)    Is located wholly or partly on any of the common elements of a condominium; or

            (iii)    Serves a housing cooperative or other multiple ownership cooperative.

    (b)    This section may not be construed as requiring a local jurisdiction to:

        (1)    Be a controlling authority; or

        (2)    Authorize or allow the use of a shared facility or a community sewerage system within the local jurisdiction.

    (c)    A shared facility or community sewerage system may be approved only if the system:

        (1)    Is managed, operated, and maintained by:

            (i)    A controlling authority; or

            (ii)    A third party under contract with the controlling authority; and

        (2)    Discharges:

            (i)    To the surface waters of the State in accordance with a permit issued under § 9–323 of this title;

            (ii)    By way of land application under a nutrient management plan required under § 8–803.1 of the Agriculture Article that assures 100% of the nitrogen and phosphorus in the applied effluent will be taken up by vegetation; or

            (iii)    By way of an on–site sewerage system.


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