reglab/statecodes huggingface dataset:
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 26.03.04 - Distribution of Funds for Sanitary Sewerage Facilities to Abate Health Hazards › Section 26.03.04.04 - Application Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
Applications shall be made in letter and report form to the
					 Water Management Administration of the Department of the Environment. The
					 application shall include:
A. A
				  statement that federal funds are not available or are insufficient for the
				  construction work, and what sources of funds were investigated;
B. A detailed narrative of the need for the
				  project, including a discussion of alternative solutions investigated, if any,
				  and why the proposed solution was selected;
C. Evidence from the deputy state health
				  officer for the county in which the proposed construction will be situated of
				  the public health need;
D. Fiscal
				  information submitted in a manner prescribed by the Secretary of the
				  Environment, including the following:
(1) A
				  schedule of construction costs;
(2)
				  Estimated user charges including amortization of capital and financing
				  costs;
(3) A brief explanation of
				  the need for State grant funds to assist in financing the project;
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 26.03.04 - Distribution of Funds for Sanitary Sewerage Facilities to Abate Health Hazards › Section 26.03.04.05 - Review and Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Applications for grants under section 5.2(a) of Chapter 55 shall be reviewed by
				  the Water Management Administration. The review shall include the following:
(1) An evaluation to determine that:
(a) The project is ineligible for a federal
				  grant; or
(b) A timely and
				  sufficient federal grant is not available.
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 26.03.04 - Distribution of Funds for Sanitary Sewerage Facilities to Abate Health Hazards › Section 26.03.04.06 - Severability

Current through Register Vol. 51, No. 14, July 12, 2024
If any section or provision of these regulations is
					 declared unconstitutional or void by any court of competent jurisdiction, or
					 the applicability thereof to any person or circumstances is held invalid, the
					 constitutionality or validity of the remainder of the regulations and the
					 applicability thereof to other persons and circumstances is not affected
					 thereby, and to this end, the sections and provisions of these regulations are
					 declared to be severable.
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 26.03.05.01 - Purposes and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  purpose of this program is to identify additional types of on-site sewage
				  disposal systems that can be used in Maryland. The Department is authorized to
				  make grants available to political subdivisions for the purpose of constructing
				  innovative and alternative on-site sewage disposal systems.
B. The subdivisions shall use the State
				  grants to provide grants to owners of improved properties with failed
				  conventional systems and owners of previously recorded land that has failed a
				  soil percolation test.
C. Grants
				  shall be used only for installing experimental systems using Department
				  approved innovative and alternative system design criteria.
D. This chapter establishes eligibility
				  criteria for participation by local political subdivisions and property owners
				  in the program.
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 26.03.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  terms have the meanings indicated.
B. Terms Defined.
(1) "Department" means the Department of the
				  Environment.
(2) "Includes or
				  including" means includes or including by way of illustration and not by way of
				  limitation.
(3) "Innovative and
				  alternative on-site sewage disposal system" means any new, experimental, or
				  non-conventional technology that is added to or used in place of a conventional
				  septic or other on-site sewage system.
(4) "Program" means the innovative and
				  alternative on-site sewage disposal system grant program.
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 26.03.05.03 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  program may not be applied to the development of an unimproved parcel of land
				  that is proposed to be subdivided into building lots.
B. The Department shall manage and supervise
				  the program and make grant available to political subdivisions under conditions
				  listed in Regulation .04 of this chapter.
C. A project for which State financial
				  assistance is granted shall comply with all applicable State laws and
				  regulations governing the safe and adequate disposal of sewage.
D. State financial assistance may not provide
				  more than $10,000 or 50 percent of the anticipated construction costs of the
				  project, whichever is less.
E. The
				  Department shall request comment from the Department of State Planning or any
				  community planning agency regarding demographics, land use, and fiscal impact
				  or any other pertinent information regarding program projects.
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 26.03.05.04 - Political Subdivision Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible for State funds, a
				  political subdivision shall:
(1) Have local
				  funding and manpower resources available to establish and maintain local
				  innovative and alternative on-site sewage disposal system programs including
				  the ability to:
(a) Collect data;
(b) Prepare technical reports; and
(c) Inspect the operation and performance of
				  the systems installed.
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 26.03.05.05 - Applicant Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be
				  eligible for State funds from a political subdivision under the program an
				  applicant shall:
(1) Own property in this
				  State that is included in the county master water and sewer plan as an area
				  where individual on-site water and sewer systems may be used that:
(a) Has an existing failed septic system;
				  or
(b) Is unimproved, was platted
				  before 1972, and has failed percolation testing requirements;
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 26.03.05.06 - Department Agreements with Political Subdivisions

Current through Register Vol. 51, No. 14, July 12, 2024
Political subdivisions receiving grants under this program
					 are required to enter into an agreement with the Department. This agreement
					 shall provide for:
A. The political
				  subdivision to commit adequate resources for establishing a local innovative
				  and alternative on-site sewage disposal system program to be conducted in
				  accordance with requirements established by the Department and including:
(1) Applicant screening and site
				  evaluations;
(2) Input to and
				  review of system design;
(3) System
				  inspection and monitoring;
(4)
				  Technical reporting on system performance in accordance with requirements
				  established by the Department; and
(5) Review by the local planning agency for
				  relation to land use or other pertinent information.
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 26.03.06 - Stormwater Pollution Control Cost-Share Program › Section 26.03.06.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations establish the State's cost-sharing
					 program to assist local governments in installing certain stormwater pollution
					 control practices intended to protect, restore, and improve the water quality
					 of the Chesapeake Bay and other waters of the State by reducing water pollution
					 from stormwater runoff in existing urbanized areas.
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 26.03.06 - Stormwater Pollution Control Cost-Share Program › Section 26.03.06.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agreement" means a legally binding
				  contract which governs each grant awarded under this program.
(2) "Applicant" means a county or
				  incorporated municipality.
(3)
				  "Department" means the Department of the Environment.
(4) "Grant" means the funds transferred under
				  this program for financial assistance which do not have to be repaid.
(5) "Includes or including" means includes by
				  way of illustration and not by way of limitation.
(6) Project.
(a) "Project" means a structural or
				  nonstructural measure or a combination of measures which work as a unit to
				  reduce water pollution from stormwater runoff on one or more
				  properties.
(b) "Project" includes
				  feasibility studies and the design and monitoring of a structural or
				  nonstructural measure or measures to reduce stormwater pollution.
(7) "Secretary" means the
				  Secretary of the Environment.
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 26.03.06 - Stormwater Pollution Control Cost-Share Program › Section 26.03.06.03 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A grant
				  awarded under this regulation may not exceed:
(1) Seventy-five percent of the total project
				  cost; and
(2) $500,000.
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 26.03.06 - Stormwater Pollution Control Cost-Share Program › Section 26.03.06.04 - Applicant Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant is eligible to apply for financial assistance
					 for one or more projects if the following conditions are fulfilled:
A. The applicant shall be a county or an
				  incorporated municipality in Maryland;
B. The applicant shall submit evidence which
				  demonstrates that the project will:
(1)
				  Provide pollutant reduction benefits for the stormwater which it
				  handles;
(2) Handle stormwater
				  generated primarily from existing residential, commercial, industrial, or
				  institutional use.
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 26.03.06 - Stormwater Pollution Control Cost-Share Program › Section 26.03.06.05 - Selection Criteria and Priority System Establishment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall establish and
				  maintain a stormwater pollution control project priority list.
B. The selection criteria for grant awards
				  shall provide the basis for developing the project priority list. These
				  criteria shall include:
(1) The local water
				  quality impacts caused by existing stormwater runoff conditions;
(2) Previous efforts expended to correct any
				  existing stormwater problem;
(3)
				  The level of pollution control provided by a proposed project;
(4) Over-all project cost;
(5) The applicant's ability and commitment
				  to:
(a) Inspect and review construction
				  performance,
(b) Provide the 25
				  percent match through funds or in-kind services and fulfill all grant
				  conditions,
(c) Assure
				  accountability for all funds awarded;
(6) Innovative or alternative nature of the
				  project;
(7) Public visibility of
				  the completed project.
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 26.03.06 - Stormwater Pollution Control Cost-Share Program › Section 26.03.06.06 - Preapplication Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  applicant shall complete a preapplication form supplied by the Department which
				  shall include:
(1) Type and general
				  description of the stormwater pollution control practice to be used;
(2) Project location, existing and proposed
				  land use, ownership, drainage area, topography, and soil
				  characteristics;
(3) Approximate
				  cost, based on accepted engineering judgment;
(4) Approximate project implementation
				  schedule;
(5) Location of any water
				  supply in immediate vicinity;
(6)
				  Adjacent watercourse and structures.
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 26.03.06 - Stormwater Pollution Control Cost-Share Program › Section 26.03.06.07 - Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
Upon receiving written notice by the Department as to the
					 availability of funding for a particular project, the applicant shall submit
					 within 30 days an application which includes:
A. A final schedule for the completion of the
				  project which sets out significant milestones and the dates for the preparation
				  of design plans and specifications;
B. All design, construction, maintenance, and
				  other plans, and the final cost estimates of the project in accordance with the
				  final schedule.
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 26.03.06 - Stormwater Pollution Control Cost-Share Program › Section 26.03.06.08 - Technical Design Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department, upon receipt of the application, shall prepare a technical project
				  review.
B. The Department shall
				  submit copies of the technical project review to the State
				  Clearinghouse.
C. The applicant,
				  upon receipt of the technical project review comments and State Clearinghouse
				  recommendations, shall respond to all comments and recommendations.
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 26.03.06 - Stormwater Pollution Control Cost-Share Program › Section 26.03.06.09 - Cost-Sharing Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  project summary report of each approved project will be prepared by the
				  Department and submitted to the Board of Public Works. Upon approval by the
				  Board of Public Works, the Department shall execute an agreement with the
				  applicant. The agreement shall require the applicant to do the following:
(1) Establish, construct, or install the
				  stormwater pollution control practices in accordance with the technical design
				  standards and plans submitted to and approved by the Department;
(2) Secure all necessary local, State, or
				  federal permits;
(3) Maintain the
				  project for at least 15 years in the manner necessary to obtain the intended
				  water quality benefits;
(4) If
				  constructed on private property, bind any successor in title, for the term of
				  the project as specified in the agreement; and
(5) If requested, grant the Department a
				  security interest in any equipment or similar item purchased with State
				  stormwater pollution control cost-sharing funds.
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 26.03.06 - Stormwater Pollution Control Cost-Share Program › Section 26.03.06.10 - Project Execution

Current through Register Vol. 51, No. 14, July 12, 2024
A. After
				  all parties execute the cost-share agreement, the applicant shall begin the
				  approved project.
B. The applicant
				  shall submit monthly progress reports to the Department. Failure to adhere to
				  the approved project schedule may result in the withdrawal of cost-share funds
				  by the Department.
C. The
				  Department may inspect the construction or installation of a project to ensure
				  that it complies with the technical design specifications approved by the
				  Department.
D. The applicant shall
				  agree to:
(1) Permit the inspection of the
				  construction site; and
(2) Assist
				  State employees in making inspections.
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 26.03.06 - Stormwater Pollution Control Cost-Share Program › Section 26.03.06.11 - Distribution of Stormwater Management Cost-Sharing Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Payment may be made in total or
				  incrementally at the discretion of the Department. The nature of payment will
				  be specified in the executed cost-share agreement.
B. The Department shall authorize payment to
				  reimburse the applicant if it has determined that all of the following
				  conditions have been met:
(1) The applicant
				  has submitted an itemized statement for the portion of the project for which it
				  requests payment.
(2) The itemized
				  statement is supported by payment receipts or unpaid invoices from
				  vendors.
(3) The applicant signs
				  each receipt and certifies that the invoice is true and correct to the best of
				  his knowledge. Each receipt for payment or invoice shall show:
(a) Vendor names;
(b) Type of material, labor, or equipment
				  supplied; and
(c) The unit cost
				  paid for each item, the total number of units, and the total amount paid to
				  each vendor.
(4) The
				  total amount of any claim for payment shall be shown clearly on a separate line
				  on the face of the receipt. Items which were not used on the approved project
				  shall be noted and the total adjusted on any receipt or invoice submitted to
				  the Department.
(5) The Department
				  had determined that the project has been installed or initiated, whichever
				  applies under the terms of the cost-share agreement, or in the case of
				  equipment, structures, or similar items, that it has been received and properly
				  installed by the applicant.
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 26.03.06 - Stormwater Pollution Control Cost-Share Program › Section 26.03.06.12 - Project Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. After
				  the Department has distributed the grant funds for a project, the Department
				  shall periodically inspect the project to ensure proper maintenance in
				  conformance with the grant agreement.
B. The applicant shall maintain a complete
				  record of the maintenance inspections and overall performance of the project in
				  accordance with procedures set forth in COMAR 26.09.02. The records will be
				  available to the Department upon request.
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 26.03.06 - Stormwater Pollution Control Cost-Share Program › Section 26.03.06.13 - Failure to Establish or Maintain Stormwater Management Cost-Sharing Projects

Current through Register Vol. 51, No. 14, July 12, 2024
If the applicant fails to establish, install, construct, or
					 maintain the stormwater management project in accordance with any agreement
					 executed with the Department, the applicant shall be liable for the full amount
					 of State stormwater management cost-sharing funds paid for the project.
					 However, the applicant is not liable for adequate maintenance of the stormwater
					 management project if damage is caused by an act of nature that could not be
					 reasonably anticipated.
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 26.03.07 - Water Pollution Control Fund Construction Financial Assistance Regulations (Industrial User Section) › Section 26.03.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The laws of Maryland have been amended by Laws of Maryland
					 1984, Chapter 795, codified at Environment Article, §§
										9-345 -9-349, Annotated
					 Code of Maryland, to allow financial assistance to industrial users for loans
					 or loan guarantees for projects that provide pretreatment of pollutants that
					 are discharged directly or indirectly into publicly owned treatment works or
					 into any conveyance leading to a publicly owned treatment
					 works.
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 26.03.07 - Water Pollution Control Fund Construction Financial Assistance Regulations (Industrial User Section) › Section 26.03.07.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the Water Science Advisory
				  Board.
(2) "Department" means the
				  Department of the Environment.
(3)
				  "Discharge permit" means a permit issued by the Department for the discharge of
				  any pollutant or combination of pollutants into the waters of this
				  State.
(4) "Federal Clean Water
				  Act" means the United States statute codified at
				  33 U.S.C. §§
												1251 et seq., as amended, and such
				  regulations, policies, and guidelines as published from time to time pertaining
				  to the Act.
(5) "Includes or
				  including" means includes by way of example and not by limitation.
(6) "Sewage" means any human or animal
				  excretion, domestic waste, or industrial waste. Industrial waste, for the
				  purpose of this regulation, means all water-carried solid, liquid, or gaseous
				  wastes resulting from any process of industry, manufacturing, or trade, or from
				  the development or recovery of any natural resource.
(7) "Sewerage system":
(a) Means the channels used or intended to be
				  used to collect or dispose of sewage;
(b) Means structure and appurtenance used or
				  intended to be used to collect or prepare sewage for discharge into the waters
				  of the State;
(c) Includes a sewer
				  of any size; but
(d) Does not
				  include the plumbing system inside a building served by the sewerage
				  system.
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 26.03.07 - Water Pollution Control Fund Construction Financial Assistance Regulations (Industrial User Section) › Section 26.03.07.03 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department of the Environment and the Department of Housing and Community
				  Development, in accordance with these regulations, may jointly award loans to
				  industrial users for projects that provide for pretreatment of pollutants that
				  are discharged directly or indirectly into publicly owned treatment works or
				  into a conveyance leading to a publicly owned treatment works.
B. An applicant for a loan shall:
(1) Obtain applicable federal, State, and
				  local permits, including construction, discharge, highway, waterway, and
				  wetland permits;
(2) Comply with
				  other applicable federal and State laws before application to the Board of
				  Public Works for the loan;
(3)
				  Maintain in force applicable permits as required by law; and
(4) Comply with applicable federal and State
				  laws throughout the life of the loan.
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 26.03.07 - Water Pollution Control Fund Construction Financial Assistance Regulations (Industrial User Section) › Section 26.03.07.04 - Priority System

Current through Register Vol. 51, No. 14, July 12, 2024
The State priority system for the award of loans shall be
					 developed by the Department of the Environment, may be subjected to public
					 hearings, and will result in a priority list which shall be used to award the
					 financial assistance. The priority system shall take into account, as
					 appropriate:
A. The EPA National
				  Pretreatment Standards, 40
				  CFR §
											403.6, which are incorporated by
				  reference;
B. The water quality or
				  public health impacts of the existing circumstances;
C. The problem prevention aspects of the
				  proposed project;
D. Previous
				  efforts expended to correct an existing problem;
E. The financial capacity of the applicant to
				  repay the loan;
F. Cost
				  effectiveness of the proposed project;
G. Planning requirements;
H. Applicant's plans for monitoring and
				  report; and
I. Measures to assure
				  accountability for loans.
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 26.03.07 - Water Pollution Control Fund Construction Financial Assistance Regulations (Industrial User Section) › Section 26.03.07.05 - Application Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Preapplication to Establish Eligibility and Ranking. Anyone interested in
				  applying for a loan shall submit to the Department of Housing and Community
				  Development sufficient information, as indicated on the preapplication form,
				  for the Department of Housing and Community Development and the Department of
				  the Environment to determine tentative project eligibility, ranking, and cost
				  and applicant financial capability.
B. Application After Eligibility and Ranking
				  Determined. After the eligibility and ranking of potential applicants has been
				  tentatively determined, a person tentatively determined to be eligible may
				  apply to the Department of the Environment for a loan by submitting, in the
				  number of copies directed by the Department of the Environment, the following:
(1) An application on the form furnished by
				  the Department of the Environment;
(2) A detailed narrative description of the
				  project;
(3) Plans and
				  specifications for the project;
(4)
				  Schedule for construction of the project;
(5) Description of the applicant's:
(a) Management system for construction and
				  operation of the project, and
(b)
				  Bookkeeping and accounting system for accounting for expenditures for
				  construction of the project and repayment of the loan; and
(6) A certification that the applicant for
				  the loan is unable to obtain, on reasonable terms, sufficient credit to finance
				  the applicant's actual needs without the loan.
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 26.03.07 - Water Pollution Control Fund Construction Financial Assistance Regulations (Industrial User Section) › Section 26.03.07.06 - Project Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. A loan
				  may not be awarded that will cause a project to be funded at a level exceeding
				  100 percent of the total project costs.
B. Loans may be awarded up to 100 percent of
				  the eligible costs of the project.
C. Loans may be made to refinance existing
				  financing that has been already obtained at terms that are found to be not
				  reasonable.
D. Eligible Costs.
				  Costs eligible for a loan are actual construction costs. In addition, at the
				  discretion of the Department of the Environment, loans may be awarded to
				  include some or all of the following supplementary project costs:
(1) Reports;
(2) Plans;
(3) Specifications;
(4) Rehabilitation and improvement of process
				  facilities which will reduce the discharge of pollutants more effectively than
				  the installation of additional pretreatment equipment.
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 26.03.07 - Water Pollution Control Fund Construction Financial Assistance Regulations (Industrial User Section) › Section 26.03.07.07 - Award of a Loan

Current through Register Vol. 51, No. 14, July 12, 2024
The Department of the Environment may only approve a loan
					 to industrial users for projects that provide pretreatment of pollutants that
					 are discharged directly or indirectly into publicly owned treatment works
					 if:
A. The Secretary of Housing and
				  Community Development determines that there is a reasonable assurance of
				  repayment of the loan;
B. The
				  Secretary of Housing and Community Development determines that the applicant
				  for a loan is unable to obtain, on reasonable term sufficient credit to finance
				  the applicant's actual needs without the loan;
C. The Department of the Environment
				  determines that the project meets applicable technical standards and that cost
				  estimates are reasonable and represent eligible cost;
D. When the applicant does not own the
				  property where the pretreatment project will be constructed, the landowner
				  consents to the terms and conditions of the agreement;
E. The Secretary of the Department of the
				  Environment determines that the project will cost-effectively reduce the
				  discharge of pollutants and improve water quality; and
F. The loan:
(1) Bears at least the same rate of interest
				  as the most recent State general obligation bond sale preceding the date of
				  approval by the Board of Public Works;
(2) Shall be repaid within 30 years;
				  and
(3) Does not exceed, as an
				  aggregate principal amount to a single applicant in a calendar year, $500,000,
				  unless the Board of Public Works determines that extraordinary circumstances
				  exist.
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 26.03.07 - Water Pollution Control Fund Construction Financial Assistance Regulations (Industrial User Section) › Section 26.03.07.08 - Conditions of Loan Agreements

Current through Register Vol. 51, No. 14, July 12, 2024
Loan agreements shall include:
A. Specification of the purpose, amount,
				  manner of repayment, and other conditions required by the Board of Public
				  Works;
B. The obligation of the
				  applicant to:
(1) Construct, install, and
				  operate the pretreatment project in a manner which ensures compliance with
				  pretreatment requirements and technical specifications;
(2) Maintain the project for its expected
				  life span;
(3) Bind a successor in
				  interest;
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 26.03.08 - Water Pollution Control Fund Construction Financial Assistance Regulations (State and Local Government Section) › Section 26.03.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The laws of Maryland have been amended to allow financial
					 assistance to State and local governmental entities in the form of grants and
					 loans for projects that provide protection, restoration, and improvement of the
					 quality of the waters of the State.
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 26.03.08 - Water Pollution Control Fund Construction Financial Assistance Regulations (State and Local Government Section) › Section 26.03.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Applicant"
				  means any State or local governmental entity.
B. "Board" means the Water Science Advisory
				  Board.
C. "Department" means the
				  Department of the Environment.
D.
				  "Discharge permit" means a permit issued by the Department for the discharge of
				  any pollutant or combination of pollutants into the waters of this
				  State.
E. "Federal Clean Water Act"
				  means the United States of America, Statute
				  33 U.S.C.
				  1251 et seq., as amended and such
				  regulations, policies and guidelines as published from time to time pertaining
				  to the Act.
F. "House connection"
				  means the sewerage system from the "Y" branch on the lateral sewer to the
				  building lot property line.
G.
				  "Includes or including" means includes by way of example and not by
				  limitation.
H. "Project schedule"
				  means a listing of significant events in the anticipated order of time of
				  execution to ensure the orderly and timely progression and completion of a
				  project.
I. "Sewage" means any
				  human or animal excretion, domestic waste, or industrial waste.
J. "Sewerage system" means the channels used
				  or intended to be used to collect or dispose of sewage, and any structure or
				  appurtenance used or intended to be used to collect or prepare sewage for
				  discharge into the waters of the State. This includes any sewer of any size,
				  but does not include the plumbing system inside any building served by the
				  sewerage system.
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 26.03.08 - Water Pollution Control Fund Construction Financial Assistance Regulations (State and Local Government Section) › Section 26.03.08.03 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Financial Assistance for Control of Nonpoint Sources of Agriculturally Related
				  Water Pollution.
(1) Except for the provisions
				  promulgated in §A(2)-(4), all requirements for State financial assistance for
				  control of nonpoint sources of agriculturally related water pollution are
				  contained in the Department of Agriculture's regulations, COMAR
				  15.01.05.
(2) Notwithstanding
				  limitations in the percent of eligible costs set forth in COMAR 15.01.05,
				  grants awarded to governmental entities or for projects on State-owned land may
				  be awarded for up to 100 percent of the total eligible cost of a
				  project.
(3) In awarding the
				  grants, the Department will consider both the applicant's financial capability
				  to cost share and any resultant economic benefit in determining the extent of
				  any matching dollar amount.
(4) The
				  Department shall award the grants only after prior consultation with the
				  Secretary of Agriculture.
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 26.03.08 - Water Pollution Control Fund Construction Financial Assistance Regulations (State and Local Government Section) › Section 26.03.08.04 - Priority System

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State
				  priority system for the award of financial assistance shall be developed by the
				  Department, may be subjected to public hearings and will result in a priority
				  list which shall be used to award the financial assistance. The priority system
				  shall take into account, as appropriate:
(1)
				  The water quality or public health impacts of the existing
				  circumstances;
(2) The problem
				  prevention aspects of the proposed project;
(3) Previous efforts expended to correct any
				  existing problem;
(4) The financial
				  capacity of the applicant;
(5) Cost
				  effectiveness of a proposed project;
(6) Planning requirements;
(7) Applicant's plans for monitoring and
				  review; and
(8) Measures to assure
				  accountability for all financial assistance.
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 26.03.08 - Water Pollution Control Fund Construction Financial Assistance Regulations (State and Local Government Section) › Section 26.03.08.05 - Application Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Preapplication to Establish Eligibility and Ranking. Anyone interested in
				  applying for financial assistance shall submit to the Department on the form
				  provided by the Department sufficient information for the Department to
				  determine tentative project eligibility and priority ranking, financial
				  capability, preliminary cost estimates, and certification that the project is
				  consistent with the County Water and Sewer Plan. Projects applying for for
				  financial assistance under the Federal Clean Water Act shall be submitted
				  annually on or about June 1.
B.
				  Application after Eligibility and Ranking Determined. After the eligibility and
				  ranking of potential applicants has been tentatively determined, any person
				  tentatively determined to be eligible may apply to the Department of the
				  Environment for financial assistance by submitting, in the number of copies
				  directed by the Department of the Environment, the following:
(1) For projects applying for financial
				  assistance under the Clean Water Act, the requirements are contained in
				  40 CFR §
												35.2040 which is incorporated by
				  reference.
(2) For projects
				  applying for financial assistance for chlorine removal, nitrogen removal,
				  special water quality needs or public health needs:
(a) An application on the form furnished by
				  the Department.
(b) A report on the
				  feasibility of the project.
(c)
				  Clearinghouse review and comment.
(d) Certification of consistency with the
				  County Water and Sewer Plan.
(e)
				  Project schedule.
(f) When required
				  by the Department, approved plans and specifications.
(g) A certification that other fund sources
				  are not available or are insufficient for the proposed project. The
				  certification shall be accompanied by evidence of financial inability to fund
				  the project and a description of efforts expended to obtain funds from other
				  governmental and private entities.
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 26.03.08 - Water Pollution Control Fund Construction Financial Assistance Regulations (State and Local Government Section) › Section 26.03.08.06 - Project Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Financial assistance may not be awarded that will cause a project to be funded
				  at a level exceeding 100 percent of the total project cost.
B. Combined State and federal financial
				  assistance normally may not exceed 87-1/2 percent of the federally eligible
				  cost of a project except grants may be awarded for up to 96-1/4 percent of the
				  eligible cost of projects which contain innovative or alternative technology as
				  define in the Clean Water Act and up to 100 percent of the eligible costs of
				  projects undertaken for chlorine removal, nitrogen removal, existing special
				  water quality needs or public health needs, constructing, equipping,
				  rehabilitating and improving sewerage systems at a State-owned institution or
				  facility.
C. State financial
				  assistance in the form of loans shall be as set forth in Regulation .07 of this
				  chapter.
D. Eligible Cost.
(1) Costs eligible for combined federal and
				  State grants shall be as specified in the Clean Water Act.
(2) Costs eligible for State grants or loans
				  are actual construction-related costs. In addition the following may, in the
				  discretion of the Department of the Environment, be awarded to include some or
				  all of the following supplementary project costs:
(a) Reports;
(b) Plans;
(c) Specifications;
(d) Legal and administrative
				  services;
(e) Equipment;
(f) Rehabilitation or improvement;
(g) Acquisition of interest in
				  land;
(h) Acquisition of interest
				  in easements; and
(i) Acquisition
				  of rights-of-way.
(3)
				  Eligibility of supplementary costs will be determined by the Department based
				  on the financial capability of the applicant to bear the additional cost. State
				  financial assistance for supplementary costs may be in the form of a
				  loan.
(4) Ordinary cost of
				  government such as salaries and expenses of elected and appointed officials,
				  and other staff, except as may be eligible on federally funded projects,
				  preparation of routine financial reports and studies and development of
				  sewer-use ordinances are not eligible.
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 26.03.08 - Water Pollution Control Fund Construction Financial Assistance Regulations (State and Local Government Section) › Section 26.03.08.07 - Special Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  reserve fund shall be established for grant and loan amendments to meet cost
				  increases.
B. Loans:
(1) Shall bear at least the same rate of
				  interest as the most recent State general obligation bond sale preceding the
				  date of approval by the Board of Public Works;
(2) Shall be repaid within 30
				  years;
(3) May not exceed $500,000
				  as an aggregate principal amount to a single applicant in any calendar year,
				  unless the Board of Public Works determines that extraordinary circumstances
				  exist.
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 26.03.09 - Water Supply Construction Financial Assistance Regulations › Section 26.03.09.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
Sections 5(b) and 5(c) of Chapter 306, Acts of 1982, Laws
					 of Maryland, authorizes the Board of Public Works to award financial assistance
					 to State and local governmental entities for the purpose of assisting in the
					 acquisition, construction, equipping, rehabilitation, and improvement of water
					 supply facilities where these projects are critical to public health or
					 necessary to assure compliance with Safe Drinking Water
					 Requirements.
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 26.03.09 - Water Supply Construction Financial Assistance Regulations › Section 26.03.09.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Applicant"
				  means any State or local governmental entity.
B. "Construction" means the physical
				  installation of any new water supply facility, or the upgrading or
				  rehabilitation of any existing water supply facility.
C. "Department" means the Department of the
				  Environment.
D. "Financial
				  assistance" means State grants, loans, or loan guarantees.
E. "Local governmental entity" includes a
				  county, municipality, sanitary commission, and local or regional water
				  authority.
F. "Secretary" means the
				  Secretary of the Environment.
G.
				  "Significant change order" means one which introduces a new element or goal in
				  the approved water facility project. It may consist of a change in treatment
				  capacity or flow capacity, a different area to be served, the purchase of
				  equipment not contemplated in the original contract, or the substitution of a
				  piece of equipment by another which has a capability greater or less than that
				  originally specified. The dollar amount of the change may not be the sole
				  determining factor as to whether or not a change order significantly alters the
				  project.
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 26.03.09 - Water Supply Construction Financial Assistance Regulations › Section 26.03.09.04 - Application Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant shall submit a pre-application which includes sufficient information
				  for the Department to determine:
(1) Project
				  eligibility;
(2) Priority
				  ranking;
(3) The extent to which
				  funds will be available to support projects on the annual priority
				  list.