1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Community sewerage system” means a publicly or privately owned sewerage system that serves at least two lots.
   3. (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. (4) “Shared facility” means a sewerage system that:

      1. (i) Serves more than one:

         1. 1. Lot and is owned in common by the users;
         2. 2. Condominium unit and is owned in common by the users or by a condominium association;
         3. 3. User and is located on individual lots owned by the users; or
         4. 4. User on one lot and is owned in common by the users;
      2. (ii) Is located wholly or partly on any of the common elements of a condominium; or
      3. (iii) Serves a housing cooperative or other multiple ownership cooperative.

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

   1. (1) Be a controlling authority; or
   2. (2) Authorize or allow the use of a shared facility or a community sewerage system within the local jurisdiction.

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

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

      1. (i) A controlling authority; or
      2. (ii) A third party under contract with the controlling authority; and

   2. (2) Discharges:

      1. (i) To the surface waters of the State in accordance with a permit issued under § 9-323 of this title;
      2. (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
      3. (iii) By way of an on-site sewerage system.

Added by Acts 2012, c. 149, § 1, eff. July 1, 2012.