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 26.03.09 - Water Supply Construction Financial Assistance Regulations › Section 26.03.09.05 - Project Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  award of financial assistance may not cause a project to be funded at a level
				  exceeding 100 percent of the total project costs.
B. State financial assistance may not exceed
				  87-1/2 percent of the eligible cost of a project, except that in the case of a
				  project to be undertaken by the Maryland Environmental Service, pursuant to an
				  order issued by the Secretary, the State financial assistance may equal the
				  total cost of the project less the amount of any federal grant application to
				  project costs.
C. The total amount
				  of a State grant for any project may not exceed $1,500,000.
D. Project Costs Eligible for Financial
				  Assistance. Project costs which are eligible for financial assistance under
				  this chapter may include:
(1) The acquisition
				  of facilities;
(2) The construction
				  of new facilities;
(3) Additions to
				  or modifications of existing facilities;
(4) Equipment purchases;
(5) Lands, easements, and rights-of-way;
				  and
(6) Planning, design, and
				  project administration.
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 26.03.09.06 - Priority System

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department shall annually rank applications for grant and loan
				  assistance.
B. The Department shall
				  hold a public hearing, following public notification in the Maryland Register
				  and the Department's web site regarding the annual priority list.
C. Following the public hearing, the
				  Department may change the rankings of projects based on public input.
D. Projects Not on Annual Priority List. The
				  Board of Public Works may award financial assistance for projects not included
				  on the annual priority list, if it determines that:
(1) The project arises out of an
				  unanticipated immediate need; and
(2) Irreparable damage to the public health
				  would result if the project is not constructed.
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 26.03.09.07 - Special Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department annually shall establish a reserve fund to be used for grant and
				  loan amendments in order to meet change orders, cost overruns, and emergency
				  projects.
B. Financial assistance
				  provided under this chapter may not be applied to projects whose construction
				  was initiated before approval by the Board of Public Works.
C. State Loans.
(1) Loans for water supply facility projects
				  shall bear the same rate of interest as the bonds from which the proceeds are
				  used to provide the loan.
(2) The
				  loan shall be repaid within 30 years and the first payment shall be made at a
				  time stipulated by the Board of Public Works.
(3) Costs associated with the sale,
				  administration, and registration of bonds may be included in the repayment
				  schedule, as required by the Board of Public 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 26.03.09 - Water Supply Construction Financial Assistance Regulations › Section 26.03.09.08 - Financial Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Terms of
				  Financial Agreement. The financial agreement required by the Board of Public
				  Works as a condition of financial assistance shall include terms which:
(1) Provide salvage rights by the State upon
				  default of the applicant;
(2)
				  Require that the applicant maintain adequate accounting records and submit
				  monthly accounting reports to the Department;
(3) Describe the grant, loan, or loan
				  guarantee payment and repayment schedules;
(4) Provide that a project sign will be
				  erected when total State participation in the project exceeds
				  $10,000;
(5) Require the applicant
				  to follow all State and local environmental control laws in constructing the
				  project;
(6) Require the applicant
				  to operate and maintain the water supply facility in accordance with applicable
				  sections of Environment Article, Title 9, Annotated Code of Maryland;
(7) Provide that the agreement may be voided
				  by the Department if construction has not commenced within 6 months of the
				  award for construction and, if voided, shall require the applicant to repay all
				  funds with interest;
(8) Require
				  that all significant extra work orders or change orders be approved by the
				  Department before the contractor is authorized to proceed and, upon approval,
				  the applicant may request an amendment to the grant or loan agreement;
				  and
(9) Require that the applicant
				  agree that the total amount of all change orders not exceed 5 percent of the
				  original total award of financial assistance and that all costs exceeding this
				  amount or costs not authorized by the Department are the responsibility of 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 26.03.10 - Financial Assistance for the Construction of Solid Waste Processing and Disposal Facilities › Section 26.03.10.01 - 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) "Applicant" means a State or local
				  governmental entity requesting financial assistance under this
				  chapter.
(2) "Construction" means
				  either physically installing a new solid waste processing or disposal facility,
				  or rehabilitating or improving an existing facility.
(3) "Department" means the Maryland
				  Department of the Environment.
(4)
				  "Financial assistance" means grants, loans, or loan guarantees approved by the
				  State's Board of Public Works.
(5)
				  "Local governmental entity" means a county, municipality, sanitary commission,
				  or a regional solid waste authority.
(6) "Secretary" means the Secretary of the
				  Environment.
(7) "Solid waste
				  disposal facility" means a sanitary landfill or any other facility which is
				  used for the final disposal of solid waste.
(8) "Solid waste processing facility" means
				  an incinerator, transfer station, resource recovery plant, composting facility,
				  or any other combination of structures, machinery, or devices used to reduce or
				  alter the volume, chemical characteristics, or physical characteristics of
				  solid waste before disposal or 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 26.03.10 - Financial Assistance for the Construction of Solid Waste Processing and Disposal Facilities › Section 26.03.10.02 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Funds
				  available under this program are intended to be used as a last resort measure
				  to assist regional and local governmental entities in solving solid waste
				  disposal or processing system inadequacies, when it can be demonstrated that
				  the applicant has insufficient or limited financial capability to proceed with
				  necessary construction projects.
B.
				  Financial assistance under this chapter shall be limited to:
(1) Projects involving solid waste processing
				  or disposal facilities;
(2) State
				  and local governmental entities; and
(3) Not more than 87-1/2 percent of eligible
				  project costs.
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 26.03.10 - Financial Assistance for the Construction of Solid Waste Processing and Disposal Facilities › Section 26.03.10.03 - Project Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Project
				  costs which are eligible for financial assistance under this chapter may
				  include:
(1) The acquisition of new
				  facilities;
(2) The construction of
				  new facilities;
(3) Additions to,
				  or modifications of, existing facilities;
(4) Equipment purchases; and
(5) Lands, easements, and
				  rights-of-way.
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 26.03.10 - Financial Assistance for the Construction of Solid Waste Processing and Disposal Facilities › Section 26.03.10.04 - for Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Applications for assistance under this chapter shall consist of two parts, the
				  preliminary application and the final application. They shall include
				  documentation of need and such other information as may be required by the
				  Department.
B. The preliminary
				  application shall be submitted to the Department (who shall submit it to the
				  State Clearinghouse) and shall include sufficient information for the
				  Department to determine the following:
(1)
				  Project eligibility;
(2) Project
				  need and priority ranking;
(3)
				  Financial capability of the applicant; and
(4) Previous attempts by the applicant to
				  fund the project using other resources.
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 26.03.10 - Financial Assistance for the Construction of Solid Waste Processing and Disposal Facilities › Section 26.03.10.05 - Priority List and Ranking System

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department, once a year, shall rank
				  separately applications for grants, loans, and loan guarantees. The Department
				  shall consider the comments and recommendations provided by the State
				  Clearinghouse's intergovernmental review in the ranking process.
B. The Department shall provide adequate
				  notice and opportunity for public comment concerning the annual priority
				  list.
C. The Department may change
				  the ranking of projects as a result of public comment.
D. Upon recommendation of the Secretary, the
				  Board of Public Works may award financial assistance for projects not included
				  on the annual priority list, if it determines that:
(1) The project is the result of an
				  unanticipated immediate need; and
(2) Serious damage to public health or the
				  environment would result if approval of the project is delayed until after the
				  next annual priority list is prepared.
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 26.03.10 - Financial Assistance for the Construction of Solid Waste Processing and Disposal Facilities › Section 26.03.10.06 - Allocation of Funds

Current through Register Vol. 51, No. 14, July 12, 2024
The Department annually shall allocate available funds as
					 described below:
A. Up to 10 percent
				  of the funds shall be placed in a reserve fund for emergency projects and for
				  grant amendments and loan or loan guarantee increases necessitated by change
				  orders and cost overruns;
B. Not
				  more than 25 percent of the funds not reserved under §A, of this regulation,
				  shall be set aside for grants; and
C. Funds remaining after the reserve fund and
				  grant fund are established shall be used for loans and loan
				  guarantees.
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 26.03.10 - Financial Assistance for the Construction of Solid Waste Processing and Disposal Facilities › Section 26.03.10.07 - Financial Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Approval
				  by the Board of Public Works of financial assistance shall be conditioned upon
				  the execution of a suitable financial agreement between the State and the
				  applicant.
B. The financial
				  agreement required by the Board of Public Works as a a condition of financial
				  assistance shall include terms which:
(1)
				  Provide salvage rights by the State upon default of the applicant;
(2) Require the applicant to maintain
				  accounting records and submit monthly accounting reports to the
				  Department;
(3) Describe the grant,
				  loan, or loan guarantee payment and repayment schedules;
(4) Provide that a project sign will be
				  erected when total State participation in the project exceeds
				  $10,000;
(5) Require the applicant
				  to follow all State environmental control laws and regulations in constructing
				  the project;
(6) Require the
				  applicant to operate and maintain the facility in accordance with Environment
				  Article, Title 7, Subtitle 2 or §9-204, Annotated Code of Maryland;
(7) Provide that the agreement may be voided
				  by the Department if construction has not begun within 6 months of the award of
				  financial assistance and, if voided, shall require the applicant to repay all
				  previously awarded funds with interest;
(8) Require that extra work orders or change
				  orders be approved by the Department before the contractor is authorized to
				  proceed, and upon approval, the applicant may request an amendment to the grant
				  or loan agreements; and
(9) Require
				  the applicant to accept responsibility for costs which exceed 5 percent of the
				  original total award for assistance, unless change orders have been authorized
				  by the Department under §B(8), of this regulation.
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 26.03.10 - Financial Assistance for the Construction of Solid Waste Processing and Disposal Facilities › Section 26.03.10.08 - Special Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  governmental entity receiving financial assistance under this chapter may not
				  award a contract on a cost-plus basis.
B. The following conditions apply to loans
				  approved under this chapter:
(1) Loans shall
				  bear the same rate of interest as the bonds from which the proceeds are used to
				  provide the loan. Costs associated with the sale of bonds may be included in
				  the repayment schedule as required by the Board of Public Works;
(2) The loan shall be repaid within 30 years
				  and the first payment shall be made at a time stipulated by the Board of Public
				  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 26.03.11 - Environmental Review Procedures for Facilities Receiving Financial Assistance from the Maryland Water Quality Financing Administration › Section 26.03.11.01 - Purpose and Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  chapter specifies the procedures for the review of projects funded through the
				  Maryland Water Quality Financing Administration for impacts on the human and
				  natural environment.
B. The
				  regulations establish the Department's policy and procedures for identifying
				  and analyzing environmental impacts of proposed 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 26.03.11 - Environmental Review Procedures for Facilities Receiving Financial Assistance from the Maryland Water Quality Financing Administration › Section 26.03.11.02 - 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) "Applicant" means a local government as
				  defined in Environment Article, §
											9-1601, Annotated Code of
				  Maryland, or other person that desires to construct a project, and that has
				  applied for a loan pursuant to Environment Article, Title 9, Subtitle 16,
				  Annotated Code of Maryland.
(2)
				  "Categorical exclusion" is a determination by the Department of categories of
				  projects that do not have a significant effect on the environment.
(3) "Department" means the Maryland
				  Department of the Environment.
(4)
				  "EID" means an environmental information document.
(5) "EIS" means an environmental impact
				  statement.
(6) "FNSI" means a
				  finding of no significant impact.
(7) "Loan agreement" means a written
				  agreement between the Maryland Water Quality Financing Administration and an
				  applicant with respect to a loan.
(8) "Project" means a project for the
				  construction of a facility, as defined under Environment Article, §
											9-1601, Annotated Code of
				  Maryland, which is financed, in whole or in part, by the Maryland Water Quality
				  Financing Administration.
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 26.03.11 - Environmental Review Procedures for Facilities Receiving Financial Assistance from the Maryland Water Quality Financing Administration › Section 26.03.11.03 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to all projects financed, in whole or
					 in part, by the Maryland Water Quality Financing Administration as required by
					 federal law.
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 26.03.11 - Environmental Review Procedures for Facilities Receiving Financial Assistance from the Maryland Water Quality Financing Administration › Section 26.03.11.04 - Categorical Exclusions

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
				  EIDs and environmental assessments or EISs are not required for excluded
				  categories of projects.
B.
				  Categories of Projects Eligible for Exclusion. The following categories of
				  projects are eligible for exclusion:
(1) Minor
				  rehabilitation of existing facilities;
(2) Functional replacement of equipment or
				  structures, or both;
(3) New
				  ancillary facilities that do not increase the capacity of the existing
				  facility;
(4) Infiltration and
				  inflow corrections;
(5)
				  Construction of water distribution or wastewater collection systems, or both,
				  for existing communities;
(6)
				  Refinancing of projects previously constructed; or
(7) Projects where funding is being provided
				  for planning.
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 26.03.11 - Environmental Review Procedures for Facilities Receiving Financial Assistance from the Maryland Water Quality Financing Administration › Section 26.03.11.05 - Environmental Information Documents

Current through Register Vol. 51, No. 14, July 12, 2024
A. An EID consists of a written analysis
				  prepared by an applicant describing the environmental impacts of a proposed
				  project.
B. An applicant shall
				  prepare an EID on a form supplied by the Department as part of the application
				  for the loan agreement.
C. The EID
				  shall be prepared as early in the application process as possible so that the
				  Department can conduct its environmental review as early as possible.
D. The EID shall be of sufficient scope to
				  enable the Department to identify and evaluate related environmental impacts of
				  a proposed project.
E. An EID does
				  not have to be prepared for projects when a categorical exclusion is
				  granted.
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 26.03.11 - Environmental Review Procedures for Facilities Receiving Financial Assistance from the Maryland Water Quality Financing Administration › Section 26.03.11.06 - Environmental Review

Current through Register Vol. 51, No. 14, July 12, 2024
An environmental review consists of a study of a project to
					 identify and evaluate the related environmental impacts. The process shall
					 include a review of the EID to determine whether any significant impacts are
					 anticipated and whether any changes can be made in the project to eliminate or
					 mitigate significant adverse impacts. The Department has overall responsibility
					 for this review, although applicants will contribute to the review through
					 submission of EIDs. The Department may determine to partition or divide its
					 environmental review of a large project intended to be built in several
					 phases.
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 26.03.11 - Environmental Review Procedures for Facilities Receiving Financial Assistance from the Maryland Water Quality Financing Administration › Section 26.03.11.07 - Environmental Assessments

Current through Register Vol. 51, No. 14, July 12, 2024
At the conclusion of the environmental review, the
					 Department shall prepare an environmental assessment which is a concise summary
					 of the review.
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 26.03.11 - Environmental Review Procedures for Facilities Receiving Financial Assistance from the Maryland Water Quality Financing Administration › Section 26.03.11.08 - Finding of No Significant Impact

Current through Register Vol. 51, No. 14, July 12, 2024
A. Determination. If the Department
				  determines, at the conclusion of the environmental review, that no significant
				  environmental impacts are anticipated, or when the project design and scope is
				  altered or other measures are taken to eliminate or mitigate any significant
				  environmental impacts, the Department shall issue a proposed FNSI to the
				  applicant. The environmental assessment prepared by the Department shall be
				  included as part of the proposed FNSI.
B. Public Inspection of Documents. After the
				  Department issues the proposed FNSI, the Department will make available for
				  public inspection in at least one location in the region in which the project
				  is located, a copy of the proposed FNSI, the EID, the environmental assessment,
				  the loan application, and a copy or summary of other materials considered by
				  the Department.
C. Written Comments
				  and Request for Hearing. Within 10 days after the Department issues the
				  proposed FNSI, the Department will publish a prominent advertisement in at
				  least one newspaper of general circulation in the area concerned. The
				  advertisement shall include:
(1) A summary of
				  the proposed project;
(2) The place
				  where the materials required by §B of this regulation are available for public
				  inspection;
(3) A statement that
				  the public has 20 days after the advertisement publication date to submit
				  written comments; and
(4) The
				  address to which the comments may be sent.
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 26.03.11 - Environmental Review Procedures for Facilities Receiving Financial Assistance from the Maryland Water Quality Financing Administration › Section 26.03.11.09 - Environmental Impact Statement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Criteria for Initiating Environmental Impact Statements. If the Department
				  determines, after the environmental review, that significant environmental
				  impacts may occur and cannot adequately be mitigated or that any of the
				  conditions set forth in 40 CFR § 6.108(a) -----(g) and 6.509 exist, the
				  applicant shall prepare a draft EIS and shall submit it to the Department for
				  preliminary approval.
B. Content of
				  Environmental Impact Statements. Preparers of EIS's shall conform with the
				  requirements of 40 CFR
				  6.201-----
				  6.205 in intent and scope. The
				  Department may specify any additional issues it requires to be addressed in the
				  EIS.
C. After the Department grants
				  preliminary approval of the draft EIS, the Department shall assure the review
				  of the draft EIS by State and federal agencies through the State Clearinghouse,
				  and shall allow these agencies a 20-day comment period.
D. Public Inspection of Documents. Within 10
				  days after the Department grants preliminary approval of a draft EIS, the
				  Department will make available for public inspection in at least one location
				  in the region in which the project is located, a copy of the draft EIS, the
				  EID, the environmental assessment, the loan application, and a copy or summary
				  of other materials considered by the Department.
E. Written Comments and Request for Hearing.
				  Within 10 days after preliminary approval of the draft EIS, the applicant shall
				  publish a prominent advertisement in at least one newspaper of general
				  circulation in the area concerned. The advertisement shall be made at the
				  applicant's expense and in a format stipulated by the Department and shall
				  include:
(1) A summary of the nature and
				  location of the proposed project;
(2) The place where the materials required by
				  §D, above, are available for public inspection;
(3) A statement that the public has 10 days
				  after the advertisement publication date to submit a written request for a
				  public hearing, to be held jointly by the Department and the applicant, on the
				  draft EIS;
(4) A statement that the
				  public has 20 days after the advertisement publication date to submit written
				  comments; and
(5) The address to
				  which the comments or request for a public hearing may be sent.
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 26.03.11 - Environmental Review Procedures for Facilities Receiving Financial Assistance from the Maryland Water Quality Financing Administration › Section 26.03.11.10 - Reaffirmation

Current through Register Vol. 51, No. 14, July 12, 2024
If 5 or more years has lapsed since a previously determined
					 categorical exclusion, FNSI, or EIS, the Department may determine to reaffirm
					 or modify the decision contained in a previously issued categorical exclusion,
					 FNSI, or EIS, following the Department's environmental reevaluation of the
					 proposed project. The Department's decision to reaffirm a categorical
					 exclusion, FNSI, or EIS more than 5 years old shall follow the public review
					 procedures described in Regulations .04, .08, or .09, respectively, of this
					 chapter.
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 26.03.12 - Construction Permits and Certain Related Requirements for Major Water Supply and Major Sewerage Systems › Section 26.03.12.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set forth certain requirements in
					 connection with the installation, material alteration, or material extension of
					 major water supply systems and major sewerage systems, including the
					 requirement that a permit must first be issued by the Department of the
					 Environment, and the related fees.
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 26.03.12 - Construction Permits and Certain Related Requirements for Major Water Supply and Major Sewerage Systems › Section 26.03.12.03 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permit.
				  A person shall have a permit issued by the Department under Environment
				  Article, §
										9-204, Annotated Code of
				  Maryland, before the person installs, materially alters, or materially extends
				  a major water supply system or major sewerage system within the
				  State.
B. Construction in
				  Accordance with Permit. Within the State, a person may not:
(1) Install, materially alter, or materially
				  extend a major water supply system or major sewerage system except in
				  accordance with a permit, and including any conditions or requirements set
				  forth in the permit, issued to the person by the Department under Environment
				  Article, §
											9-204, Annotated Code of
				  Maryland; or
(2) Embody any
				  material change in construction until the Department has issued a revised
				  permit based on the submission to the Department of any material change in the
				  plans and specifications, together with the reason for the change.
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 26.03.12 - Construction Permits and Certain Related Requirements for Major Water Supply and Major Sewerage Systems › Section 26.03.12.04 - Application for Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Application Contents.
(1) To apply for a
				  permit, an applicant shall submit to the Department an application consisting
				  of all of the following:
(a) A completed
				  application form as specified by the Department;
(b) A fee equal to the sum of the amounts due
				  under Regulations .05 and .06 of this chapter unless the permit is exempt from
				  the requirement to pay a fee under the provisions of the governmental exemption
				  set forth in Regulation .07 of this chapter;
(c) The complete plans and specifications for
				  the installation, alteration, or extension of the major water supply system or
				  major sewerage system, prepared in accordance with all requirements of B-----E
				  of this regulation;
(d) If required
				  by the Department, an engineering report prepared in accordance with the
				  requirements of §F of this regulation;
(e) Information the Department may require to
				  demonstrate that the requirements of the county water and sewer comprehensive
				  plan and applicable laws are satisfied; and
(f) Other information the Department
				  requires, including information required by the Department in COMAR
				  26.04.01.36.
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 26.03.12 - Construction Permits and Certain Related Requirements for Major Water Supply and Major Sewerage Systems › Section 26.03.12.05 - Major Water Supply System Application and Permit Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Exception.
				  Notwithstanding §§B-E of this regulation and Regulation .09 of this chapter,
				  and in the discretion of the Department, fees for minor improvements or
				  revisions to existing permits may be waived or reduced.
B. Application and Permit Fees. An applicant
				  for a permit to install, materially alter, or materially extend a major water
				  supply system shall pay the sum of the applicable fees set forth in the fee
				  schedules in §§C-E of this regulation.
C. Water Supply Plants.
(1) Fees for a new plant and fees for an
				  existing plant at which two or more new unit processes are to be constructed
				  are as follows:
Design Capacity
Fee
Greater than 10 MGD
$2,000
From 5 up to 10 MGD
1,500
From 1 up to 5 MGD
1,000
From 0.5 up to 1 MGD
800
Less than 0.5 MGD
450
(2) Fees for an existing plant at which only
				  one new unit process is to be constructed are as follows:
Design Capacity
Fee
Greater than 10 MGD
$1,500
From 5 up to 10 MGD
1,100
From 1 up to 5 MGD
8000
From 0.5 up to 1 MGD
500
Less than 0.5 MGD
250
(3)
				  If no fee is due under §C(1) or (2) of this regulation, the fee shall be the
				  lesser of the:
(a) Amount listed in §C(2) of
				  this regulation for the design capacity of the particular plant; or
(b) Sum of the following:
(i) $125 for each unit process that is
				  installed, materially altered, or materially extended, plus
(ii) $125 for each component, which is not
				  part of a unit process, that is installed, materially altered, or materially
				  extended.
(4)
				  In §C(3)(b) of this regulation, examples of components which are not part of a
				  unit process include bar screens, intake structures, storage tanks, flow
				  diversion structures, and chemical feed pumps.
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 26.03.12 - Construction Permits and Certain Related Requirements for Major Water Supply and Major Sewerage Systems › Section 26.03.12.06 - Major Sewerage System Application and Permit Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Exception. Notwithstanding §§B-E of this
				  regulation and Regulation .09 of this chapter, and in the discretion of the
				  Department, fees for minor improvements or revisions to existing permits may be
				  waived or reduced.
B. Application
				  and Permit Fees. An applicant for a permit to install, materially alter, or
				  materially extend a major sewerage system shall pay the sum of the applicable
				  fees set forth in the fee schedules in §§C-E of this regulation.
C. Sewage Treatment Plants.
(1) Fees for a new plant and fees for an
				  existing plant at which two or more new unit processes are to be constructed
				  are as follows:
Design Capacity
Fee
Greater than 10 MGD
$2,000
From 5 up to 10 MGD
1,625
From 1 up to 5 MGD
1,200
From 0.5 up to 1 MGD
900
Less than 0.5 MGD
750
(2) Fees for an existing plant at which only
				  one new unit process is to be constructed are as follows:
Design Capacity
Fee
Greater than 10 MGD
$1,750
From 5 up to 10 MGD
1,500
From 1 up to 5 MGD
1,100
From 0.5 up to 1 MGD
800
Less than 0.5 MGD
450
(3) If no fee is due under §C(1) or (2) of
				  this regulation, the fee shall be the lesser of the:
(a) Amount listed in §C(2) of this regulation
				  for the design capacity of the particular plant; or
(b) Sum of the following:
(i) $125 for each unit process that is
				  installed, materially altered, or materially extended, plus
(ii) $125 for each component, which is not
				  part of a unit process, that is installed, materially altered, or materially
				  extended.
(4)
				  In §C(3)(b) of this regulation, examples of components which are not part of a
				  unit process include bar screens, comminutors, splitter boxes, flow meters,
				  sludge holding tanks, and sludge drying beds.
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 26.03.12 - Construction Permits and Certain Related Requirements for Major Water Supply and Major Sewerage Systems › Section 26.03.12.07 - Governmental Exemption from Payment of Fee

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. Improvements to be constructed
				  pursuant to a permit are not exempt from the fees due under this chapter unless
				  they will be governmentally owned as soon as they become affixed to the real
				  property, that is, as they are constructed, and satisfy all requirements of
				  either §B or C of this regulation. The applicant for the permit shall be a
				  governmental entity as listed in Regulation .02B(11)(c) of this chapter, and
				  the permit shall be issued in the name of that governmental entity.
B. Local Governments.
(1) When the applicant is a local government,
				  the application and permit are exempt from the fee that would otherwise be due
				  if:
(a) The requirements of §A of this
				  regulation are satisfied; and
(b)
				  As part of its application, the local government submits documentation,
				  satisfactory to the Department, that less than half of the total cost of the
				  improvements to be constructed pursuant to the permit are expected to be
				  directly or indirectly funded from amounts private developers or other private
				  persons have previously contractually agreed to pay, in connection with the
				  development of a project or projects that the improvements authorized by the
				  permit will serve.
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 26.03.12 - Construction Permits and Certain Related Requirements for Major Water Supply and Major Sewerage Systems › Section 26.03.12.08 - As-Constructed Plans

Current through Register Vol. 51, No. 14, July 12, 2024
Within 60 days after the completion of the work under a
					 permit, the holder of the permit shall submit to the Department, for permanent
					 record, a copy of the plans, with a certification satisfactory to the
					 Department, that shows the work as built, or a certification satisfactory to
					 the Department that the work was built in accordance with the original plans
					 approved by the Department.
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 26.03.12 - Construction Permits and Certain Related Requirements for Major Water Supply and Major Sewerage Systems › Section 26.03.12.09 - Revised Permits and Revised Permit Fees

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant for a revised permit to install, materially
					 alter, or materially extend a major water supply system or major sewerage
					 system shall submit any information the Department requires and pay a
					 nonrefundable revised permit application fee of $100.
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 26.03.12 - Construction Permits and Certain Related Requirements for Major Water Supply and Major Sewerage Systems › Section 26.03.12.10 - Permit Expiration and Extensions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permits expire 3 years after the date of
				  issuance, unless an extension is granted by the Department.
B. The permit holder may apply to the
				  Department for a 1-year extension of the permit expiration date. The
				  nonrefundable fee for applying for the extension is $50.
C. The granting of a permit extension is in
				  the discretion of the Department.
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 26.03.12 - Construction Permits and Certain Related Requirements for Major Water Supply and Major Sewerage Systems › Section 26.03.12.11 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  implements the requirements of Environment Article, §
										9-204, Annotated Code of
				  Maryland, in connection with major water supply systems and major sewerage
				  systems.
B. This chapter may not be
				  interpreted as meaning that a permit issued under Environment Article, §
										9-204, Annotated Code of
				  Maryland, is not required for the installation, material alteration, or
				  material extension of a:
(1) Water supply
				  system, as defined in Environment Article, §
											9-201, Annotated Code of
				  Maryland, that is not a major water supply system; or
(2) Sewerage system, as defined in
				  Environment Article, §
											9-201, Annotated Code of
				  Maryland, that is not a major 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 26.03.12 - Construction Permits and Certain Related Requirements for Major Water Supply and Major Sewerage Systems › Section 26.03.12.12 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
Persons violating these regulations or any permit issued
					 under these regulations are subject to Environment Article, §§
										9-268 and
					 9-334 -9-342, Annotated
					 Code of Maryland, and the penalties set forth there.
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 26.03.13 - Bay Restoration Fund Implementation › Section 26.03.13.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter specifies the procedures for implementing the
					 Bay Restoration Fund authorized under Environment Article, §
										9-1605.2, Annotated Code
					 of Maryland. The Bay Restoration Fund is administered by the Maryland Water
					 Quality Financing Administration, a unit of the Department, and is comprised of
					 two sub-funds:
A. Wastewater Fund: Bay
				  Restoration Fund fees collected from customers or users of wastewater treatment
				  plants are deposited by the Comptroller into this fund and are used to provide
				  grants for the upgrade of wastewater treatment plants with enhanced nutrient
				  removal technology, a portion of the operation and maintenance costs related to
				  ENR, and other authorized uses.
B.
				  Onsite Sewage Disposal System Fund: Bay Restoration Fund fees collected from
				  users of onsite sewage disposal systems (such as septic systems or holding
				  tanks) are deposited by the Comptroller into this fund and are used to provide
				  grants or loans for the upgrade of onsite sewage disposal systems with best
				  available technology for removal of nitrogen, and other authorized
				  uses.
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 26.03.13 - Bay Restoration Fund Implementation › Section 26.03.13.02 - 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) "Administration" means the Maryland Water
				  Quality Financing Administration.
(2) "Biological nutrient removal" has the
				  meaning stated in Environment Article, §
											9-1601, Annotated Code of
				  Maryland.
(3) Department" means the
				  Maryland Department of the Environment.
(4) "Eligible cost" has the meaning stated in
				  Environment Article, §
											9-1605.2, Annotated Code
				  of Maryland.
(5) "Enhanced
				  nutrient removal" or "ENR" has the meaning stated in Environment Article, §
											9-1601, Annotated Code of
				  Maryland.
(6) "Local government" has
				  the meaning stated in Environment Article, §
											9-1601, Annotated Code of
				  Maryland.
(7) "Low-income
				  homeowner" means a household with an income less than the income eligible
				  standards established by the Maryland Department of Human Resources for its
				  Energy Assistance Program.
(8)
				  "Nonconforming onsite sewage disposal systems" means existing onsite sewage
				  disposal systems that do not comply with current State or local laws,
				  regulations, or policies.