(a) In this section, “individual sewerage system” means a privately owned system of sewers, piping and treatment tanks or other facilities that:
(1) Serves only a single lot for the disposal of sewage; and
(2) Discharges to the surface waters of the State.
(b) Except as provided in subsection (c) of this section, a person may not install an individual sewerage system in the State.
(c) Subject to the Department’s approval, a person may install an individual sewerage system in the State for residential use if an existing on-site sewage disposal system fails and cannot be repaired or replaced by any means.