Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 03 - WATER SUPPLY, SEWERAGE, SOLID WASTE, AND POLLUTION CONTROL PLANNING AND FUNDING › Chapter 26.03.05 - Innovative and Alternative On-Site Sewage Disposal System Grant Program › Section 26.03.05.07 - Political Subdivision Agreements with Applicants

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before Department and political
				  subdivision approval of funding for innovative and alternative on-site sewage
				  disposal systems, an agreement shall be signed by the applicant, political
				  subdivision, and the Department which:
(1)
				  Identifies project elements and fixes their cost based upon a fair assessment
				  of project installation costs, and establishes that the amount of State grant
				  participation may not exceed 50 percent of the anticipated total project
				  cost.
(2) Establishes financial
				  responsibility of homeowners for:
(a) Costs
				  incurred in installation above the fixed amount; and
(b) All operating and maintenance
				  costs.
(3) Limits the
				  State's share of the project installation cost to $10,000 or less.
(4) Establishes applicant repayment
				  requirements for the full amount of funds provided under this agreement if, for
				  reasons of neglect, the innovative and alternative system is not adequately
				  maintained or is damaged beyond repair.
(5) Establishes the applicant's financial
				  responsibility for system modification which may be required by the Department
				  or the political subdivision when failure of the system to operate
				  satisfactorily poses a threat to the public health, safety, or comfort. In
				  these cases, necessary system modifications shall be in accordance with the
				  requirements established by the Department or the local health department.
				  System modifications may include requirements for installing holding tanks and
				  regular pumping and hauling of sewage wastes from the holding tanks.
(6) Establishes salvage rights of the State
				  upon default of the applicant.
(7)
				  Establishes access for the political subdivision and the Department to enter
				  the applicant's land in order to make periodic inspection and to monitor the
				  system for at least 2 years from initiation of system use or for the duration
				  of the project.
(8) Requires
				  installation by the applicant of either a water meter or cycle counter (for
				  effluent pumping systems), which shall be monitored.
(9) Acknowledges that the proposed innovative
				  and alternative sewage system is experimental and that the applicant's
				  participation is voluntary.
(10)
				  Acknowledges that the political subdivision, the Department and any of their
				  agents or employees do not, either officially or individually, underwrite the
				  operation of any innovative and alternative system approved under this program
				  or incur any liability to the applicant if the innovative and alternative
				  system fails.
(11) Requires that
				  the applicant assure continued, efficient, and effective operation of the
				  system.
(12) Requires the terms of
				  this agreement to run with the land and bind the applicant, his heirs,
				  successors or assigns, and that this agreement shall be recorded in the land
				  records of the political subdivision where the property is located.
(13) Provides for this agreement to be voided
				  at the discretion of the Department if the system construction is not completed
				  within 6 months of the grant award and requires the applicant to repay all
				  funds with interest.
(14)
				  Establishes any special requirements or conditions deemed necessary by the
				  Department and the political subdivision.