Title 26 — Subtitle 03. Water Supply, Sewerage, Solid Waste, and Pollution Control Planning and Funding

Publicly-owned community sewerage systems, a portion of the county water and sewerage plan, as described in Regulation .08B, of this chapter, which demonstrates to the Department's satisfaction that adequate fiscal resources will be available to support the satisfactory operation and maintenance of each system in the county to meet existing and future needs;

Other sewerage systems or extensions, a package of information for each system, as specified in COMAR 26.03.02.02J, which demonstrates to the Department's satisfaction that adequate fiscal resources will be available to support the satisfactory operation and maintenance of the system to meet existing and future needs.

An ample supply of water may be collected, treated, and delivered to points of use;

Waste water may be collected and delivered to points best suited for waste treatment and disposal or for re-use;

Waste water can be either treated before any discharge to State waters, in compliance with applicable water quality standards and discharge permit conditions, or disposed of to minimize most effectively adverse effects on legitimate water uses. Consideration shall be given to related aspects of land use, zoning, population estimates, engineering and economic factors, and all governmental, industrial, and other plans for privately owned facilities regarding water and sewerage at any level.

Submit the plan in preliminary form, with all attachments, to the appropriate multi-county or regional comprehensive planning agency, the Department of State Planning, the Department of Natural Resources, and the Department of the Environment. The preliminary form shall be a rough draft of the entire plan and shall include maps in a complete presentation.

Receive and consider comments from the Department, which will act as the coordinator for comments from the agencies sent a preliminary plan for review according to §A(1), of this regulation.

A public hearing will be held.

The plan shall then be formally adopted.

After adoption, the plan will be prepared in final format as set forth in Regulation .04 of this chapter.

Four copies of the plan will be submitted in final form to the Department for review. One copy shall be forwarded to the Department of Natural Resources and one to the Department of State Planning.

The Department shall, within 6 months after submission, approve, disapprove, or approve in part the finally submitted county plan, its amendments or revisions. When disapproved in whole or part, the governing body of the county, within 6 months from the notification of disapproval, shall have the right to appeal the action of the Department to the Secretary of the Environment.

Following receipt of notification of approval of the county plan, amendments, or revisions, the county shall then have the plan, amendments or revisions reproduced and distributed in accordance with §B, of this regulation.

Four copies to the Department of the Environment;

Four copies to the Department of Natural Resources.

A statement certifying that the plan has been officially adopted by the county governing body;

A statement certifying that the plan has been submitted to the Department and it meets the requirements of Regulation .02B of this chapter;

A statement certifying that sections of the plan covering engineering aspects of water and sewerage projects have been prepared and reviewed for adequacy by a registered professional engineer licensed in the State;

The letter of approval from the Department.

A statement of the goals of the county consistent with county comprehensive planning;

A brief discussion, with charts, of the organization of the county government as it relates to the management of water supply and sewerage facilities.

Physical.

Population.

Land Use.

Table No. 3, showing population projections and projected water supply demands and planned capacity by water service areas through the year 2000.

Inventories of water sources as follows:

An inventory, Table No. 6, of existing treatment facilities.

An inventory, Table No. 7, below, of problem areas such as inadequate portions of community systems (including fire flow inadequacies) and areas where individual systems are experiencing difficulties:

Immediate, 5 and 10 year priorities for water development, Table No. 8.

Maps as specified in §G of this regulation.

Population projections and present and expected demands and capacities by sewerage service area, Table No. 9.

Inventory of existing sewage treatment plants, Table No. 10.

Inventory of problem areas, including inadequate portions of community systems and areas where individual systems are experiencing difficulty, Table No. 11.

When possible, identify by service area water quality problems due to storm drain outfall and to non-point sources, Table No. 12.

Immediate, 5 and 10 year priorities for sewerage systems development, Table No. 13.

Maps as outlined in §G of this regulation.

The county plan shall include an inventory of problem marinas and will include basic planning concepts for sanitary facilities at all marinas.

The following physical format shall be required for the submission of county plans.

As minimum requirements, the water and sewerage maps in the county plan shall be delineated to show for each existing and proposed community and multi-use water supply and sewerage system the following data located by codes and symbols as specified in this regulation.

The interim systems are adjudged by the local health department to be adequate, safe, and in compliance with pertinent State and local regulations, including minimum lot ownership as set forth in COMAR 26.04.03.02 and .03;

Permits for the interim systems shall bear a notice regarding the interim nature of the permit and stating that connection to a future community system shall be made within 1 year or less after the system becomes available;

If interim systems are used, provisions shall be made, whenever possible, to locate the systems so as to permit connection to the public facilities in a most economical and convenient manner.

Designation of the county agency responsible for the enforcement of MWCPFA;

A summary of county programs to assure implementation of and compliance with MWCPFA, including a description of:

Countywide organizational narrative which includes a brief countywide description of the financial roles and relationships of all public entities involved with providing sewerage service within the county.

Completed Schedule FS for each self-contained, publicly-owned community sewerage system. The content and format of Schedule FS will be specified by the Department. Each Schedule FS shall demonstrate that adequate fiscal resources are or will be available to support the satisfactory operation, maintenance, and repair of each system to meet existing and future needs.

The financial management plan described in §§A and B of this regulation has been adopted as part of the county plan and approved by the Department; and

The proposed system has been described through new narrative text and revised tables and maps in a county plan amendment or update adopted by the county governing body and approved by the Department.

An inventory of the plant and equipment;

Documentation that sewer service rates are sufficient to meet operation and maintenance costs;

A description of the customer billing procedures;

A description of the system's “bad debt” situation;

A description of any construction project or plan for expansion anticipated during the next 2 years, as well as the anticipated method of financing the project;

A description of the long-term plans for plant replacement or major renovation, as well as the anticipated method of financing the plans or projects;

A discussion of escrow accounts, existing or contemplated, for construction, maintenance, repair, operation, and emergencies;

The system's balance sheet as of the last day of the most recent fiscal year.

Publicly owned community sewerage systems, a portion of the county water and sewerage plan, as described in COMAR 26.03.01.08B, which demonstrates to the Department's satisfaction that adequate fiscal resources will be available to support the satisfactory operation and maintenance of each system in the county to meet existing and future needs.

Other sewerage systems or extensions, a package of information for each system, as specified in Regulation .02J of this chapter, which demonstrates to the Department's satisfaction that adequate fiscal resources will be available to support the satisfactory operation and maintenance of the system to meet existing and future needs.

A complete engineering report, if prepared or required, shall accompany or precede the receipt of plans and specifications for each new major sanitary project.

The report shall contain full information discussing any existing facility, the proposed or new facility, and include all pertinent data necessary to permit a clear and comprehensive review of the subject.

Plans and complete specifications for proposed work should be submitted for approval at least 30 days before action on them shall be expected, although action, by the State, may be taken before the expiration of that time. Design manuals, standard details, and standard specifications on file with and previously approved by the Department of the Environment will be construed to be applicable to future projects, when so designated, unless modified by supplementary and specific contract plans and specifications.

All reports, plans, and specifications for sanitary engineering projects shall be prepared by, signed by, and bear the seal of a registered professional engineer. Landscaping and any architectural feature of any building, pumping station, water filtration plant, sewage disposal plant, elevated water storage unit, bathhouse or recreation facility for a swimming pool may also be submitted, signed by and bear the seal of a registered architect. Plans relating to the subdivision of land and prepared for the purpose of filing record plats with clerks of the court in the various political subdivisions of the State shall bear the signature and seal of a registered land surveyor. Plans not conforming with the requirements of this subsection will not be accepted.

All plans shall be neatly and legibly drawn upon tracing cloth or acceptable paper so that copies may be obtained. Except where the originals are presented for preliminary judgment, they shall be kept by the party presenting the plans, and true copies, which may be white, blue, or black-line prints, offset prints, or photostats on a white background, shall be submitted to the Secretary of the Environment.

Plans will not be returned after submission unless revisions are necessary, or unless they have been presented for preliminary review only.

When revisions are necessary, the revisions shall be made on the original tracings and new prints submitted. Pencil, crayon, ink, typewritten, or other revisions, changes, or additions on prints, photostats, or other reproductions may not be acceptable. Revisions or additions may not be made to prints previously or currently submitted to the Secretary of the Environment.

Plans specifically prepared for each installation will be required.

General plans or key maps of water supply, sanitary, or storm drainage systems; showing the location of sources of water supply, transmission, and distribution mains; lateral, interception, and trunk sewers; water and sewage treatment works; and storm drains should preferably be to a scale not greater than 1 inch equals 40 feet, or less than 1 inch equals 200 feet. Established coordinate systems and U.S. Bench Marks data, if available, shall be given. Locality plans may have a scale as small as 1 inch equals 1 mile. An arrow designating the direction of north shall be shown.

Detailed and sectional plans may be drawn to any scale suitable for the purpose.

Architectural scales for general engineering drawings will not be accepted for review and approval.

In the lower right-hand corner, or along the bottom border, of each separate drawing shall be placed a proper title containing the name of the county, municipality, company, institution, person or persons for whom it is made, the name of the locality to which it refers, a proper description for a full understanding of the nature of the drawing, and the scale, date, and name of the engineer, architect, or surveyor preparing it.

On every plan showing a locality or street layout, an arrow shall be placed, designating the direction of north. Plans should be so arranged, wherever practicable, that north is towards the top or to the left of the sheet.

Before the Department may issue a permit for the construction of a publicly-owned community sewerage system, a financial management plan sufficient to ensure the dependable and safe operation of the system shall be adopted in the county water and sewerage plan (“the county plan”) and approved by the Department. The following requirements shall be satisfied:

Before the Department may issue a permit for the construction of a new, self-contained, privately-owned community or multi-use sewerage system, or of an extension to an existing or self-contained, privately-owned community or multi-use sewerage system, the following requirements shall be satisfied:

The general plan shall show the location of the source or sources of supply, the location of all reservoirs, wells, springs, purification plants, pumping stations, standpipes, elevated tanks, main delivery pipes to the distribution system, and any special structures or appurtenances. These various parts shall be designated either by proper descriptions opposite them or by suitable symbols in the key. The size, depth, and capacity of all reservoirs shall be shown, together with contours, where consisting of natural basins or formed by impounding streams. The elevations of high and low water in the reservoirs shall be indicated, and also the location and elevation of all intakes and valves.

In case a source of supply is a long distance from the main distribution system, a plan drawn to as small a scale as 2000 feet to the inch may be used to show the general location of the sources of supply and the main delivery pipe, together with a profile taken along the pipe line from the source to the point at which it joins the distribution system. In this case, however, the location of reservoirs, wells, purification plants, pumping stations, standpipes, and other structures shall still be shown on plans drawn to the larger scales, and all plans shall be of the same size, or multiples of that size so they can be conveniently folded.

A general plan shall be submitted showing all existing or proposed streets within the limits of the municipality or area served by the system (a complete layout of all buildings shall be shown in the case of an institution); the boundary of the municipality or area, the surface elevation at intermediate high and low points within the municipality or area, and at all street intersections, unless the area is relatively level and not more than one pressure zone will be utilized. The location of all water mains, fire hydrants, valves and other fittings, together with sizes of pipe are also to be shown. The surface elevations should be placed in the upper right-hand angle of the street intersections, and where shown at other points should be opposite, either above or to the right of, their respective positions in the street. For relatively level communities or areas, contours, with intervals not exceeding 5 feet, may be substituted for numerical elevations. Proposed water mains shall be shown by heavy solid lines and shall have the sizes placed immediately above or to the left of the line designating the main, the size to be shown in each block, or between all connecting mains. Street names shall be placed outside of the street lines. For major improvements and additions, the concurrence or approval of the National Board of Fire Underwriters may be required.

Contemplated future extensions should be designated by dotted, dark or light lines. Any and all existing utilities shall be shown to the correct location and elevation as determined from the most authentic data available.

A key or legend shall be placed near the title describing the symbols used to designate the various features of the drawing.

Plans shall be presented showing:

Complete detailed plans of all purification plants shall be submitted, showing all special appurtenances, intakes, tanks, aerators, base exchange units, filters, character and depth of filter media therein, valves, blow-offs, metering devices, chemical application devices, clear-water basins, high and low water elevations of nearby streams, and all features connected with the plants. Plans, elevations, and sections of these parts shall be shown, as may be necessary to supply a complete understanding of the entire installation. When necessary to clarify the review of a project, hydraulic profiles shall be submitted.

Plans submitted for extensions to existing systems shall be drawn to sizes and scales as indicated for the general plans, shall show all details as planned for installation, and shall be accompanied by a general or partial plan of the system showing all details as planned for installation, unless the plans have been previously submitted to the Secretary of the Environment. In all cases, they shall show the connections of the proposed extensions to the existing system and enough of the latter from the best data available, to designate their relation to it. Plans for water main extensions will not be approved unless this requirement is met.

Plans for water main extensions shall be for a distance of at least 400 feet or one block in length unless a terminal main is involved.

Plans for the installation of a valve or fire hydrant, for lowering an existing water main, or for other similar minor alterations or additions need not be supplied for review or approval because they do not constitute a material change, and a permit for this work will not be issued.

Accompanying each set of plans for proposed systems shall be:

The location of each manhole shall be designated by a station number, the stationing to begin at the lower end of the sewer. The elevation of sewer inverts should be shown by a figure placed immediately below in a horizontal position, and the size and grade of the sewer, together with the character of the material of which the sewer is constructed, should be placed just above or below the invert line and parallel to it, unless the sewer is large, in which case the information may be written above the invert line.

Profiles should be drawn to scales not greater than 1 inch equals 40 feet horizontally, and 1 inch equals 4 feet vertically; and not less than 1 inch equals 200 feet horizontally, and 1 inch equals 10 feet vertically. A horizontal scale of 100 feet to the inch, and a vertical scale of 10 feet to the inch is preferable in most cases.

The location of existing properties and cellar depths or elevations shall be shown, particularly if plumbing in cellars is or may be involved.

The profiles of existing pipe lines and the locations, classifications, elevations, and sizes of all existing pipe lines, passing under or over the proposed lines, shall be shown according to the best information available.

Information as to the existing or predicted amount of sewage, the physical and chemical characteristics of the sewage, the present and future population to be served by the sewers, the number of proposed house connections, and the calculations used in determining the sizes, rates of flow, detention periods, capacities, etc., of all treatment and pumping units shall be submitted with the plans or previous to the plans.

Calculations may be required to determine the amount of treatment plant effluent the receiving stream or body of water can readily assimilate without degrading them below an acceptable dissolved oxygen level and without jeopardizing shellfish or bathing areas.

Plans submitted for extensions to existing systems shall be drawn to sizes and scales as indicated for the general plans, and shall be accompanied by a general or partial plan of the system, showing all details as planned for construction, unless the plans shall have been previously submitted to the Secretary of the Environment. In all cases they shall show the connections of the proposed extensions to the existing system and enough of the latter to designate their relation to it. The area under immediate consideration and tributary to, and that which at some future time may become tributary to, and sewer extensions for which plans are presented shall be shown. Proper and adequate data giving the basis upon which the extensions have been designed shall be submitted with the plans. Extensions of sewer lines are to be made only in conformity with a general or long-range plan in order to properly provide for future needs.

Plans for sanitary sewer extensions or for storm drain extensions shall be for a distance of at least 400 feet or one block in length unless a terminal section is involved.

The intensity of rainfall to be considered;

Its frequency of occurrence;

The coefficients of runoff;

The inlet time;

The summation of calculated flows at various progressive distances along the drains;

The spacing and types of inlets;

The hydraulic calculations leading to the selection of pipe sizes and slopes; and

Details of manholes, inlets, headwalls, and appurtenances.

“County” means any of the 23 Maryland counties or Baltimore City.

County Plan.

“Department” means the Department of the Environment.

“Governing body” means the Board of County Commissioners, or the County Executive and Council, or the Mayor and City Council of Baltimore.

“Litter” means any waste materials, refuse, garbage, trash, debris, dead animals, or other discarded material.

“Refuse” means any solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations, or from community activities, which:

“Revision” means either an adopted amendment to, or a periodic update of, a county plan.

“Solid waste” means any garbage, refuse, sludge, or liquid from industrial, commercial, mining, or agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage or in irrigation return flows.

“Solid waste acceptance facility” means any sanitary landfill, incinerator, transfer station or plant, whose primary purpose is to dispose of, treat, or process solid waste.

Solid Waste Disposal System.

“Solid waste management” means the systematic administration of activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment, re-use, or disposal of solid waste.

A statement certifying that the plan has been prepared in accordance with these regulations and that it has been officially adopted by the governing body of the county; and

The letter of approval from the Department.

Statement of the county's goals regarding solid waste management, the objectives and policies necessary to achieve these goals, and a discussion of the conformance of these objectives and policies with those of State, regional, and local comprehensive land use plans and programs;

Brief discussion, with charts, of the structure of the county government as it relates to solid waste management; and

Brief discussion of State, federal and local agencies, laws, and regulations which affect the planning, establishment, and operation by the county of solid waste disposal systems.

Table which shows the county's present and projected population (if more than one set of projections is shown, the set upon which the plan is based shall be noted);

Map which shows the location of municipalities and federal facilities within the county;

Discussion of current county zoning requirements as they relate to solid waste management activities; and

Discussion of the current status of the county comprehensive land-use plan, including the date that the plan was adopted and last updated.

A table that shows the existing and projected, for at least the succeeding 10-year period, annual generation (in tons, cubic yards, or gallons, as appropriate) of:

A discussion of the bases for the data presented in the table required by §D(1) of this regulation.

A discussion of the types and quantities of solid waste, if significant, which are entering or leaving the county for processing, recovery, or disposal.

A description of existing solid waste collection systems, including service areas.

Information concerning each existing public or private solid waste acceptance facility (incinerators, transfer stations, major composting sites, sanitary and rubble landfills, dumps, major resource recovery facilities, CHS facilities, injection wells, and industrial waste liquid holding impoundments) including:

Chapter four shall contain an assessment (using a narrative description, maps, charts, and graphs as appropriate) of the county's needs to alter, extend, modify, or add to existing solid waste disposal systems during the next 10 years.

The assessment above shall use, when appropriate, the background information contained in chapters one, two, and three.

The assessment shall consider the constraints imposed upon the establishment of solid waste acceptance facilities by:

The assessment shall evaluate:

Chapter five shall contain the county's plan of action with respect to all types of solid waste and all phases of solid waste management.

The plan of action in §F(1), of this regulation, shall cover at least the succeeding 10-year period and, at a minimum, shall:

Revised if deemed necessary by the Department;

Reviewed in its entirety at the interval specified by Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland; and

Revised to include the installation or extension of either a solid waste acceptance facility, or solid waste disposal system, before the issuance of a permit by the Department under Environment Article, Title 9, Subtitle 2, Annotated Code of Maryland.

Facility accepts only wastes generated by the owner's operations;

Facility is in general conformance with the management mechanism described in Regulation .03F(2)(b) of this chapter; and

Information listed in Regulation .03D(5), of this chapter, is provided for the facility when the county plan is reviewed and revised in accordance with §A(2), of this regulation.

The county shall solicit input concerning the proposed revision from each of the entities listed in Regulation .02B, of this chapter, and from any other entity likely to be affected by the proposed revision.

The county shall provide a reasonable opportunity for a public hearing concerning the proposed revision to the county plan. Prince George's County and Montgomery County are required by Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland, to conduct a public hearing. The Department, the public, and the entities listed in Regulation .02B, of this chapter, shall receive prior notice of a hearing.

Following the public hearing or public meeting, or a decision not to conduct a public hearing or public meeting, the governing body of the county shall adopt the revision and submit it to the Department. This submittal shall be accompanied by a discussion of substantive issues raised at the public hearing or public meeting, and how they were resolved.

A schedule of construction costs;

Estimated user charges including amortization of capital and financing costs;

A brief explanation of the need for State grant funds to assist in financing the project;

The health hazard areas;

Undeveloped areas;

Developed areas not having existing or potential health hazards, and a tabulation identifying the proportion (percent of flow) of the project to be used for relieving health hazards;

An evaluation to determine that:

The Secretary shall submit a copy of the grant application and supporting material to the A-95 clearinghouse for review and comment.

A determination of the amount of grant funds necessary to permit the project to proceed. These funds may not exceed 87-1/2 percent of the eligible construction cost.

A recommendation to the Secretary of the Environment which shall indicate a course of action to be taken.

Approve the application and send a letter of recommendation to the Board of Public Works for approval of State grant funds for the project;

Reject the application either because it is not suitable under the “Water Quality Loan of 1973” or does not have high enough priority to qualify under section 5.2(a); or

Cause the return of the application with a request for additional information required by him.

“Department” means the Department of the Environment.

“Includes or including” means includes or including by way of illustration and not by way of limitation.

“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.

“Program” means the innovative and alternative on-site sewage disposal system grant program.

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:

Submit an agreement to be signed with the Department as outlined in Regulation .06 of this chapter, and their innovative and alternative program plan within 3 months of their notification by the Department of the availability of program funds. The program plan and agreement shall detail the role of the local county health department in the innovative and alternative program.

Have known hydrogeological problems, such as permanently high or seasonally high water table conditions, shallow soils, or slowly permeable soils, which can be addressed by innovative and alternative sewage disposal systems.

Submit a final eligibility and priority list of applicants to the Department for review and approval as outlined in Regulation .06 of this chapter within 1 year of the execution of the Department agreement with the political subdivision.

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:

Have made a good faith effort to obtain approval of, or to use a conventional septic system;

Agree to conditions of the experiment as outlined in Regulation .07 of this chapter; and

Be limited to one grant to serve one homesite to:

An existing failed on-site sewage disposal system which cannot be repaired using conventional methods;

An existing pollution or public health problem related to sewage disposal; and

Property which offers a significant opportunity for providing useful data to the experimental effort.

Applicant screening and site evaluations;

Input to and review of system design;

System inspection and monitoring;

Technical reporting on system performance in accordance with requirements established by the Department; and

Review by the local planning agency for relation to land use or other pertinent information.

Applicant screening;

Site evaluation;

Review of system design; and

Monitoring and reporting.

A site evaluation and determination of the nature of the project and its suitability to receive grant assistance including:

Preparation of a site location map or maps which identify the location of the eligible sites in relation to the nearest roads and topographical features; and

Prioritization of eligible applicants.

Soil depth to ground water or bedrock, or both;

Soil profiles;

Soil permeability;

Extent of tree cover; and

Any other site characteristics which may affect the performance of innovative and alternative sewage disposal systems considered applicable for the site.

Review of screening, prioritization, and site evaluation procedures and results;

Consideration of the ability of available technologies to meet site constraints;

Consideration of the potential of the site to support feasible and economical monitoring systems and provide useful experimental data; and

Consideration of comments received from the Department's submittal of the final priority listing of eligible projects and the site location map or maps of the eligible sites to the State Clearinghouse for intergovernmental review in accordance with the process described in COMAR 16.02.01.

Identifies project elements and fixes their cost based upon a fair assessment of project installation costs, and establishes that the amount of State grant participation may not exceed 50 percent of the anticipated total project cost.

Establishes financial responsibility of homeowners for:

Limits the State's share of the project installation cost to $10,000 or less.

Establishes applicant repayment requirements for the full amount of funds provided under this agreement if, for reasons of neglect, the innovative and alternative system is not adequately maintained or is damaged beyond repair.

Establishes the applicant's financial responsibility for system modification which may be required by the Department or the political subdivision when failure of the system to operate satisfactorily poses a threat to the public health, safety, or comfort. In these cases, necessary system modifications shall be in accordance with the requirements established by the Department or the local health department. System modifications may include requirements for installing holding tanks and regular pumping and hauling of sewage wastes from the holding tanks.

Establishes salvage rights of the State upon default of the applicant.

Establishes access for the political subdivision and the Department to enter the applicant's land in order to make periodic inspection and to monitor the system for at least 2 years from initiation of system use or for the duration of the project.

Requires installation by the applicant of either a water meter or cycle counter (for effluent pumping systems), which shall be monitored.

Acknowledges that the proposed innovative and alternative sewage system is experimental and that the applicant's participation is voluntary.

Acknowledges that the political subdivision, the Department and any of their agents or employees do not, either officially or individually, underwrite the operation of any innovative and alternative system approved under this program or incur any liability to the applicant if the innovative and alternative system fails.

Requires that the applicant assure continued, efficient, and effective operation of the system.

Requires the terms of this agreement to run with the land and bind the applicant, his heirs, successors or assigns, and that this agreement shall be recorded in the land records of the political subdivision where the property is located.

Provides for this agreement to be voided at the discretion of the Department if the system construction is not completed within 6 months of the grant award and requires the applicant to repay all funds with interest.

Establishes any special requirements or conditions deemed necessary by the Department and the political subdivision.

Outline applicant responsibilities in the program;

Describe the innovative and alternative system most appropriate for the site; and

Explain any special design or maintenance features of the system which may require applicant involvement beyond that required for a conventional septic system.

“Agreement” means a legally binding contract which governs each grant awarded under this program.

“Applicant” means a county or incorporated municipality.

“Department” means the Department of the Environment.

“Grant” means the funds transferred under this program for financial assistance which do not have to be repaid.

“Includes or including” means includes by way of illustration and not by way of limitation.

Project.

“Secretary” means the Secretary of the Environment.

Seventy-five percent of the total project cost; and

$500,000.

Necessary for the purpose of the project; and

An agreement has been made with the property owner and the applicant.

Provide pollutant reduction benefits for the stormwater which it handles,

Handle stormwater generated primarily from existing residential, commercial, industrial, or institutional use.

The local water quality impacts caused by existing stormwater runoff conditions;

Previous efforts expended to correct any existing stormwater problem;

The level of pollution control provided by a proposed project;

Over-all project cost;

The applicant's ability and commitment to:

Innovative or alternative nature of the project;

Public visibility of the completed project.

Type and general description of the stormwater pollution control practice to be used;

Project location, existing and proposed land use, ownership, drainage area, topography, and soil characteristics;

Approximate cost, based on accepted engineering judgment;

Approximate project implementation schedule;

Location of any water supply in immediate vicinity;

Adjacent watercourse and structures.

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;

Secure all necessary local, State, or federal permits;

Maintain the project for at least 15 years in the manner necessary to obtain the intended water quality benefits;

If constructed on private property, bind any successor in title, for the term of the project as specified in the agreement; and

If requested, grant the Department a security interest in any equipment or similar item purchased with State stormwater pollution control cost-sharing funds.

Permit the inspection of the construction site; and

Assist State employees in making inspections.

The applicant has submitted an itemized statement for the portion of the project for which it requests payment.

The itemized statement is supported by payment receipts or unpaid invoices from vendors.

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:

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.

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.

“Board” means the Water Science Advisory Board.

“Department” means the Department of the Environment.

“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.

“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.

“Includes or including” means includes by way of example and not by limitation.

“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.

“Sewerage system”:

Obtain applicable federal, State, and local permits, including construction, discharge, highway, waterway, and wetland permits;

Comply with other applicable federal and State laws before application to the Board of Public Works for the loan;

Maintain in force applicable permits as required by law; and

Comply with applicable federal and State laws throughout the life of the loan.

An application on the form furnished by the Department of the Environment;

A detailed narrative description of the project;

Plans and specifications for the project;

Schedule for construction of the project;

Description of the applicant's:

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.

Reports;

Plans;

Specifications;

Rehabilitation and improvement of process facilities which will reduce the discharge of pollutants more effectively than the installation of additional pretreatment equipment.

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;

Shall be repaid within 30 years; and

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.

Construct, install, and operate the pretreatment project in a manner which ensures compliance with pretreatment requirements and technical specifications;

Maintain the project for its expected life span;

Bind a successor in interest;

Except for the provisions promulgated in §A(2)—(4), of this regulation, 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.

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.

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.

The Department shall award the grants only after prior consultation with the Secretary of Agriculture.

The water quality or public health impacts of the existing circumstances;

The problem prevention aspects of the proposed project;

Previous efforts expended to correct any existing problem;

The financial capacity of the applicant;

Cost effectiveness of a proposed project;

Planning requirements;

Applicant's plans for monitoring and review; and

Measures to assure accountability for all financial assistance.

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.

For projects applying for financial assistance for chlorine removal, nitrogen removal, special water quality needs or public health needs:

Costs eligible for combined federal and State grants shall be as specified in the Clean Water Act.

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:

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.

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.

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;

Shall be repaid within 30 years;

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.

Allegany County Comprehensive Water and Sewerage Plan;

Anne Arundel County Comprehensive Water and Sewerage Plan;

Baltimore County Comprehensive Water and Sewerage Plan;

Calvert County Comprehensive Water and Sewerage Plan;

Caroline County Comprehensive Water and Sewerage Plan;

Carroll County Comprehensive Water and Sewerage Plan;

Cecil County Comprehensive Water and Sewerage Plan;

Charles County Comprehensive Water and Sewerage Plan;

Dorchester County Comprehensive Water and Sewerage Plan;

Frederick County Comprehensive Water and Sewerage Plan;

Garrett County Comprehensive Water and Sewerage Plan;

Harford County Comprehensive Water and Sewerage Plan;

Howard County Comprehensive Water and Sewerage Plan;

Kent County Comprehensive Water and Sewerage Plan;

Montgomery County Comprehensive Water and Sewerage Plan;

Prince George's County Comprehensive Water and Sewerage Plan;

Queen Anne's County Comprehensive Water and Sewerage Plan;

St. Mary's County Comprehensive Water and Sewerage Plan;

Somerset County Comprehensive Water and Sewerage Plan;

Talbot County Comprehensive Water and Sewerage Plan;

Washington County Comprehensive Water and Sewerage Plan;

Wicomico County Comprehensive Water and Sewerage Plan;

Worcester County Comprehensive Water and Sewerage Plan;

Baltimore City Comprehensive Water and Sewerage Plan.

Project eligibility;

Priority ranking;

The extent to which funds will be available to support projects on the annual priority list.

Certification that the project is in conformance with the County Comprehensive Water and Sewerage Plan;

Copies of pertinent State construction permits;

Copies of design plans and specifications;

Studies and reports which demonstrate the engineering feasibility and cost effectiveness of projects where acquisition, equipment, and construction or any combination of these costs exceed $5,000;

Certification that all other requirements for eligibility found in Regulations .05 and .07 of this chapter are met; and

In addition to all other eligibility and special requirements, grant applicants may be required to demonstrate a plan of action that will provide for the future financial stability of the water supply system. The plan of action may include a rational rate structure, scheduled capital improvements, and assurances that sufficient funding will be available to provide for continued, efficient, and effective operation of the system.

The acquisition of facilities;

The construction of new facilities;

Additions to or modifications of existing facilities;

Equipment purchases;

Lands, easements, and rights-of-way; and

Planning, design, and project administration.

The project arises out of an unanticipated immediate need; and

Irreparable damage to the public health would result if the project is not constructed.

The State priority system for the award of financial assistance shall be developed by the Department, may be subject to public hearings, and will result in a priority list that shall be used to award the financial assistance. The priority system shall take into account, as appropriate:

Based on the priority system, the Department shall develop a priority list of projects.

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.

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.

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.

The applicant certifies that it is unable to obtain sufficient credit on reasonable terms to finance its actual needs without the guarantee; and

The Board of Public Works determines that there is a reasonable assurance of repayment of the loan obligation.

Provide salvage rights by the State upon default of the applicant;

Require that the applicant maintain adequate accounting records and submit monthly accounting reports to the Department;

Describe the grant, loan, or loan guarantee payment and repayment schedules;

Provide that a project sign will be erected when total State participation in the project exceeds $10,000;

Require the applicant to follow all State and local environmental control laws in constructing the project;

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;

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;

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

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.

“Applicant” means a State or local governmental entity requesting financial assistance under this chapter.

“Construction” means either physically installing a new solid waste processing or disposal facility, or rehabilitating or improving an existing facility.

“Department” means the Maryland Department of the Environment.

“Financial assistance” means grants, loans, or loan guarantees approved by the State's Board of Public Works.

“Local governmental entity” means a county, municipality, sanitary commission, or a regional solid waste authority.

“Secretary” means the Secretary of the Environment.

“Solid waste disposal facility” means a sanitary landfill or any other facility which is used for the final disposal of solid waste.

“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.

Projects involving solid waste processing or disposal facilities;

State and local governmental entities; and

Not more than 87-1/2 percent of eligible project costs.

The project is in conformance with the approved county solid waste management plan;

A public hearing required by the Department on the project has been held, in addition to a hearing held before the adoption of the solid waste management plan; and

The project conforms with other applicable State and federal requirements.

The acquisition of new facilities;

The construction of new facilities;

Additions to, or modifications of, existing facilities;

Equipment purchases; and

Lands, easements, and rights-of-way.

Feasibility studies;

Planning;

Administrative costs and overhead; or

Plans and specifications.

Secretary determines that the applicant does not have the financial capability to produce the necessary feasibility studies, plans, and specifications; and

Applicant is requesting financial assistance in the form of a loan or a loan guarantee.

Project eligibility;

Project need and priority ranking;

Financial capability of the applicant; and

Previous attempts by the applicant to fund the project using other resources.

Certification that the project is consistent with the appropriate approved county solid waste management plan;

Certification by the applicant to the Board of Public Works that:

Certification of the applicant's inability to fund the proposed project; and

For applications which include the cost of construction:

The project is the result of an unanticipated immediate need; and

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.

Priority rankings shall be determined by a scoring system based on weighted scores. Highest scores will receive the highest priority ranking.

If a tie exists, preference shall be given to correction of the most severe public health or environmental problem as determined by the Department.

Category I--Public Health and Environmental Impacts (Points Available in Each Sub-Category).

Category II — Problem Prevention (Points Available in Each Sub-Category).

Category III — Previous Efforts by the Applicant to Solve the Problem (Points Available in Each Sub-Category). Points will be assigned to reflect previous efforts made by the applicant to correct the problem as follows:

Category IV — Applicant's Financial Capability. The financial capability of applicants will be assessed based on a comparison of median household income within the total areas to be served. Points will be assigned as follows:

Provide salvage rights by the State upon default of the applicant;

Require the applicant to maintain accounting records and submit monthly accounting reports to the Department;

Describe the grant, loan, or loan guarantee payment and repayment schedules;

Provide that a project sign will be erected when total State participation in the project exceeds $10,000;

Require the applicant to follow all State environmental control laws and regulations in constructing the project;

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;

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;

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

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.

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;

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.

Applicant certifies that it is unable to obtain sufficient credit on reasonable terms to finance its actual needs without a guarantee; and

Board of Public Works determines that there is a reasonable assurance of repayment of the loan obligation.

“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.

“Categorical exclusion” is a determination by the Department of categories of projects that do not have a significant effect on the environment.

“Department” means the Maryland Department of the Environment.

“EID” means an environmental information document.

“EIS” means an environmental impact statement.

“FNSI” means a finding of no significant impact.

“Loan agreement” means a written agreement between the Maryland Water Quality Financing Administration and an applicant with respect to a loan.

“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.

Minor rehabilitation of existing facilities;

Functional replacement of equipment or structures, or both;

New ancillary facilities that do not increase the capacity of the existing facility;

Infiltration and inflow corrections;

Construction of water distribution or wastewater collection systems, or both, for existing communities;

Refinancing of projects previously constructed; or

Projects where funding is being provided for planning.

The Department shall determine whether a project is eligible for a categorical exclusion as early as possible following the receipt from an applicant of a preloan application containing a project description.

Before the Department makes a final decision to grant an exclusion, the Department will publish a notice of eligibility for categorical exclusion in a prominent advertisement in at least one newspaper of general circulation in the area concerned. The public notice shall:

The Department shall submit the notice of eligibility for categorical exclusion to those lead State and federal agencies responsible for the federal laws itemized in Appendix F of the Initial Guidance for State Revolving Funds (January 28, 1988).

The Department shall allow a 20-day comment period, following public notice, before issuing its final decision on the categorical exclusion.

The Department's final decision will be issued to the applicant.

The proposed project no longer meets the requirements for a categorical exclusion due to changes in the proposed project;

New evidence indicates that the project may seriously impact the environment; or

Federal, State, or local environmental laws are being or may be violated.

A summary of the proposed project;

The place where the materials required by §B of this regulation are available for public inspection;

A statement that the public has 20 days after the advertisement publication date to submit written comments; and

The address to which the comments may be sent.

The Department may schedule a public hearing, to be held jointly by the Department and the applicant, before issuing a FNSI if the:

Notwithstanding the factors in §E(1), of this regulation the Department may determine that previous opportunities for public participation have been adequate to allow the Department to determine whether a final FNSI should be issued.

Give the date, time, location, and subject of the hearing; and

Be published at least 20 days before the scheduled hearing.

A summary of the nature and location of the proposed project;

The place where the materials required by §D, of this regulation, are available for public inspection;

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;

A statement that the public has 20 days after the advertisement publication date to submit written comments; and

The address to which the comments or request for a public hearing may be sent.

Department determines the environmental impact of the project is of broad, general interest; or

Project generated substantial public interest as indicated by written comments concerning the environmental impact.

Be at the applicant's expense;

Give the date, time, location, and subject of the hearing; and

Be published at least 20 days before the scheduled hearing.

“Department” means the Department of the Environment.

“Design capacity” means the maximum flow capacity that something is capable of providing while achieving and maintaining the level of performance for which it was designed.

“Includes” means including but not limited to.

“Local government" means a Maryland county, municipality, sanitary commission, sanitary district, or other local government entity or unit of it.

“MGD” means million gallons per day.

“Major sewerage system” means the pipes or other channels by which sewage is or is intended to be collected, conveyed, prepared for discharge and disposed of, together with all structures, pumping stations, tanks, equipment, and appurtenances used or intended to be used in its collection, conveyance, or preparation for discharge in satisfactory condition into the ground waters or other waters of the State, excluding only:

“Major water supply system” means a system consisting of all pipes or other channels, structures, pumping stations, equipment, and appurtenances by means of which water is, or is intended to be, collected, treated, or conveyed for drinking or domestic purposes, which serves, or is intended to serve, 25 or more of the same persons on a day-to-day basis at least 6 months out of the year or which serves, or is intended to serve, 15 or more residential connections, excluding only:

“Materially alters” means any alteration other than:

“Materially extends” means any extension of water mains or gravity sewers with diameters greater than 15 inches.

“Minor building connection” means a pipe or other channel having a projected flow not exceeding 5,000 gallons per day average daily flow running from a particular building, structure, or other facility that it serves to that point at which it is first connected to a:

“Person” includes:

“Pumping station” means a facility or system with a total design capacity greater than 5,000 gallons per day average daily flow that is designed to deliver water or sewage from a lower elevation to a higher elevation. The facility may include pumps, controls, and auxiliary equipment, as well as the structures containing these items.

“Right-of-way area” means:

“Sewage” means:

“Sewage collection lines” means the part, if any, of a major sewerage system consisting of the pipes and other channels by which sewage is collected and conveyed to the place for its treatment and disposal, including sanitary sewer lines and force main lines, but excluding pumping stations.

“Sewage treatment plant” means the part, if any, of a major sewerage system consisting of a facility, other than a septic tank, using chemical, physical, or biological processes, or all of these, to prepare sewage in a satisfactory condition for discharge into the ground waters or other waters of the State or for application on land after it is treated.

Unit Process.

“Water distribution lines” means the part, if any, of a major water supply system consisting of the pipes and other channels by which water that has been prepared for human consumption is conveyed from the place of its treatment to the consumer or other user, excluding pumping stations.

“Water supply plant” means the part, if any, of a major water supply system consisting of a facility using chemical, physical, or biological processes, or all of these, to prepare water that is safe for human consumption and domestic purposes, together with all water storage facilities irrespective of their location.

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

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.

To apply for a permit, an applicant shall submit to the Department an application consisting of all of the following:

Upon receiving an application, the Department shall determine the total fee due and, if the applicant has paid less than the total amount which the Department determines is due, the Department shall promptly notify the applicant of the need to pay the additional amount due. Until the Department has received the total fee which it has determined is due, together with everything required under or pursuant to §A(1) of this regulation, and any changes or corrections required by the Department have been made, the complete application is not considered to have been submitted and the Department is under no obligation to issue or deny a permit.

Fees are nonrefundable.

Fees may be paid by check or money order made payable to the Maryland Department of the Environment.

Submittal of plans and specifications shall be made by the person or persons for whom the work is to be done, or their properly authorized engineers or agents.

Complete plans and specifications for proposed work should be submitted for approval at least 30 days before action on them is expected, although action may be taken by the Department before the expiration of that time.

Reports, plans, and specifications shall be prepared by, signed by, and bear the seal of, a professional engineer licensed in Maryland, except that landscaping and any architectural feature of any building, pumping station, water filtration plant, sewage treatment plant, or elevated water storage unit may also be submitted, signed by, and bear the seal of, an architect licensed in Maryland. Plans not conforming with the requirements of this subsection may not be accepted.

Plans shall be neatly and legibly drawn upon transparencies or acceptable paper so that copies may be obtained. Except when the originals are presented to the Department for preliminary review, the originals shall be kept by the party presenting the plans, and true copies, which may be white, blue, or black line prints, offset prints, or photostats on a white background, shall be submitted to the Department.

Plans may not be returned after submission.

When revisions are necessary, the revisions shall be made on the original tracings and new true copies shall be submitted to the Department. Revisions or additions may not be made directly on the true copies previously or currently submitted to the Department.

Plans shall be specifically prepared for each project.

Two sets of plans and specifications shall be submitted for water supply plants, sewage treatment plants, and pumping stations.

One set of plans and specifications shall be submitted for water distribution lines, sewage collection lines, and any other improvements for which a permit is required by this chapter.

If acceptable and approved, the plans shall be retained in the Department's files, and an appropriate reference made to them in the written permit.

Each separate drawing shall include a proper title containing the name of the person or persons for whom it is made, the name of the locality to which it refers, a proper description for a full understanding of the nature of the drawing, and the scale, date, and name of the engineer, architect, or surveyor preparing it.

On each plan showing a locality or street layout, an arrow shall be placed designating the direction of north. Plans should be so arranged, whenever practicable, so that north is towards the top or to the left of the sheet.

A complete engineering report, if required by the Department, shall accompany or precede the application for each new major project.

The report shall contain full information discussing any existing facility and the proposed or new facility, and include all pertinent data necessary to permit a clear and comprehensive review of the subject.

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:

Fees for an existing plant at which only one new unit process is to be constructed are as follows:

If no fee is due under §C(1) or (2) of this regulation, the fee shall be the lesser of the:

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.

Fees for new lines and material alterations and material extensions to existing lines are set forth in §D(2) and (3) of this regulation. Water supply plant and pumping station fees are additional.

Fees for distribution lines and appurtenances are as follows:

Fees for new pumping stations and for material alterations and material extensions to existing pumping stations are set forth in the following fee schedule in this section:

The combined design capacity of all lift stations applied for under the permit shall be used in calculating the design capacity.

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:

Fees for an existing plant at which only one new unit process is to be constructed are as follows:

If no fee is due under §C(1) or (2) of this regulation, the fee shall be the lesser of the:

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.

Fees for new lines and material alterations and material extensions to existing lines are set forth in §D(2) and (3) of this regulation. Sewage treatment plant and pumping station fees are additional.

Fees for sewage collection lines and appurtenances are as follows:

Fees for new pumping stations and for material alterations and material extensions to existing pumping stations are set forth in the following fee schedule:

The combined design capacity of all lift stations applied for under the permit shall be used in calculating the design capacity.

When the applicant is a local government, the application and permit are exempt from the fee that would otherwise be due if:

Unless the Department requires additional documentation in a specific instance, the documentation required by §B(1)(b) of this regulation may be in the form of a certification, signed by a local government official, that the requirement of §B(1)(b) of this regulation is satisfied.

Water supply system, as defined in Environment Article, §9-201, Annotated Code of Maryland, that is not a major water supply system; or

Sewerage system, as defined in Environment Article, §9-201, Annotated Code of Maryland, that is not a major sewerage system.

“Administration” means the Maryland Water Quality Financing Administration.

“Biological nutrient removal” has the meaning stated in Environment Article, §9-1601, Annotated Code of Maryland.

“Department” means the Maryland Department of the Environment.

“Eligible cost” has the meaning stated in Environment Article, §9-1605.2, Annotated Code of Maryland.

“Enhanced nutrient removal” or “ENR” has the meaning stated in Environment Article, §9-1601, Annotated Code of Maryland.

“Local government” has the meaning stated in Environment Article, §9-1601, Annotated Code of Maryland.

“Low-income homeowner” means a household with an income less than the income eligible standards established by the Maryland Department of Human Services for its Energy Assistance Program.

“Nonconforming onsite sewage disposal systems” means existing onsite sewage disposal systems that do not comply with current State or local laws, regulations, or policies.

“Onsite Sewage Disposal System” means a sewage system that discharges treated effluent into the ground, such as a septic system.

“Person” has the meaning stated in Environment Article, §1-101, Annotated Code of Maryland.

“Seller” means any person or local government entering into a contract to sell nutrient or sediment load reductions to the Department in accordance with Regulation .03F of this chapter.

“Septic equivalent dwelling unit” means a measure determined based on the average daily flow of a septic system as follows:

To provide a source of revenue or security for the payment of principal and interest on bonds issued by the Administration, and the cost of issuance, if the bond proceeds are deposited in the Bay Restoration Fund;

To provide grant awards to wastewater treatment plants whose users have contributed to the Bay Restoration Fund for up to 100 percent of the eligible cost to upgrade wastewater treatment plants to enhanced nutrient removal treatment levels at the design capacity approved by the Department;

For a portion of the operation and maintenance costs, starting in FY 2010, of wastewater treatment plants that operate at the enhanced nutrient removal treatment levels, not to exceed 10 percent of the amount deposited into the Wastewater Fund annually;

Starting in FY 2016, to provide for up to 87.5 percent of project costs relating to combined sewer overflow abatement, rehabilitation of existing sewers, and upgrading conveyance systems, including pumping stations;

To provide for up to 100 percent of project costs for the implementation of a stormwater alternative compliance plan, authorized by a local government pursuant to Environment Article, §4-202.1(K)(3), Annotated Code of Maryland, and undertaken by an organization exempt from taxation under IRS §501(C)(3) or §501(C)(4) or §501(C)(19) or §501(D);

Starting in FY 2018, for additional funding to be used in accordance with Regulation .04 of this chapter for the upgrade of onsite sewage disposal systems and other eligible uses pursuant to Environment Article, §9-1605.2(h)(2)(i)1, Annotated Code of Maryland;

Starting in FY 2018, to provide for up to 50 percent of the eligible cost of cost-effective and efficient stormwater projects undertaken by local governments who have implemented a system of charges. To be eligible for funding, the local governments shall show evidence of funds set aside and available to cover the balance of project costs;

To provide for the Department’s reasonable operating expenses to administer the Bay Restoration Wastewater Fund not to exceed 1.5 percent of the fees deposited into the Wastewater Fund annually;

To provide for future upgrades of wastewater treatment plants to achieve additional nutrient removal or water quality improvements at ENR treatment levels or better;

To earn interest;

To purchase nitrogen, phosphorus, and sediment load reductions.

Before FY 2018, priority for funding shall be:

Starting in FY 2018, priority for funding shall be:

Nutrient loads currently discharged and projected nutrient load reduction;

Cost-effectiveness in providing water quality or public health benefits;

Relative effectiveness of water quality benefit to the Chesapeake Bay or other body of water identified by the Department as impaired under Section 303(d) of the Clean Water Act;

The existence of an Administrative or Civil Compliance Order or of a compliance schedule in a discharge permit;

Sustainability benefits such as water reuse, asset management, full cost pricing, energy conservation and smart growth;

Readiness to proceed to construction.

In fiscal year 2010 and thereafter, up to 10 percent of the fees collected annually in the Wastewater Fund shall be given to owners of wastewater treatment plants that are operating at or above the enhanced nutrient removal treatment level as grant awards to partially offset the cost of operation and maintenance.

The operation and maintenance grant for wastewater treatment plants operating at the enhanced nutrient removal treatment levels shall be at the base rate of $30,000 per year for every one million gallons per day design flow, not to exceed $300,000 per facility per year. Facilities with less than one million gallons per day design flow shall receive the base rate of $30,000 per year. This formula may be adjusted if there is a change in the Bay Restoration Fund statute, or if the amount appropriated in the budget is reduced.

The Department may offer a prorated amount of an operations and maintenance grant to correspond with the number of months that a wastewater treatment plant operated at the enhanced nutrient removal treatment level in the first year of project completion.

The Department may offer additional operation and maintenance grants for facilities achieving above the enhanced nutrient removal treatment level based on the additional load reductions achieved.

To qualify for the annual operation and maintenance grant, the following criteria shall be met:

Nitrogen, phosphorus, or sediment load reductions eligible for purchase shall meet the following criteria:

Contracts for purchase of load reductions shall meet the following criteria:

The Department shall use baseline loads and load reductions from baseline loads in developing a methodology for the purchase of nitrogen, phosphorus, and sediment load reductions.

The purchasing baseline loads used to calculate the reduction of nitrogen, phosphorus, or sediment load reduction resulting from a proposed environmental practice are as follows:

Calculations to determine the total annual nitrogen, phosphorus, or sediment load reduction resulting from a proposed environmental practice shall be consistent with appropriate assumptions and provisions of the Chesapeake Bay TMDL and the Chesapeake Bay Watershed Model, or other Chesapeake Bay Program models and shall be based on the following:

The gross nitrogen, phosphorus, and sediment reduction calculated in §F(5) of this regulation shall be converted to net delivered load reduction consistent with appropriate assumptions and provisions of the Chesapeake Bay TMDL and the Chesapeake Bay Watershed Model, or other Chesapeake Bay Program models, and the converted load is the maximum amount available for purchase.

The Department may not process any payment without being able to verify the reported reductions through the review of the supporting documentation provided by the seller, the review of other documents available to the Department, or on-site inspection, or combination of whichever is applicable.

The Department shall use a competitive process to select sellers for the purchase of nitrogen, phosphorus, or sediment load reduction, based on the following factors:

Any load reductions purchased pursuant to this program and regulations shall be based on projects, practices, or activities initiated after the execution of a contract between the seller and the Department in response to the Request for Proposal issued by the Department.

Beginning July 1, 2018, the Department shall report each year to the Bay Restoration Fund Advisory Committee on the implementation of this program.

To provide grants or loans up to 100 percent for:

To provide grants or loans up to 100 percent for the cost of repairing or replacing failing onsite sewage disposal systems with a system that uses the best available technology for the removal of nitrogen. This option is available only to low-income homeowners. The cost is the total cost of repair, replacement and upgrade including wastewater disposal drainfields, provided that funds are available after addressing the priorities listed in Regulation .04A(1)(a) and (b) of this chapter.

For the Department’s operating expenses, including technical assistance, to administer the Bay Restoration Onsite Sewage Disposal System Fund not to exceed 8 percent of fees deposited into the Onsite Sewage Disposal System Fund.

For expenses of a local public entity, not to exceed 10 percent of the fees deposited into the onsite sewage disposal system fund, to administer, enforce, and implement regulations adopted by the Department and delegated to the local public entity, for the reduction of nitrogen using best available technology at onsite sewage disposal systems.

Failing onsite sewage disposal systems in the Chesapeake and Atlantic Coastal Bays Critical Area, with best available technology for the removal of nitrogen;

Failing onsite sewage disposal systems outside the Chesapeake and Atlantic Coastal Bays Critical Area, with best available technology for the removal of nitrogen;

Nonconforming onsite sewage disposal systems in the Chesapeake and Atlantic Coastal Bays Critical Area, with best available technology for the removal of nitrogen;

Nonconforming onsite sewage disposal systems outside the Chesapeake and Atlantic Coastal Bays Critical Area, with best available technology for the removal of nitrogen;

Other onsite sewage disposal systems in the Chesapeake and Atlantic Coastal Bays Critical Area including new construction, with best available technology for the removal of nitrogen;

Other onsite sewage disposal systems outside the Chesapeake and Atlantic Coastal Bays Critical Area, including new construction, with best available technology for the removal of nitrogen.

Total number of septic systems within a county;

Number of septic systems within the Chesapeake Bay and Atlantic Coastal Bays Critical Area within a county;

Grant funding requested by the county or its authorized agent.

Homeowners with existing onsite sewage disposal systems or new onsite sewage disposal system construction may qualify for grant funding based on their income as follows:

Not for profit entities with existing onsite sewage disposal systems or proposing new onsite sewage disposal system construction may qualify for up to 100 percent of the approved cost as grant funding.

Businesses with existing onsite sewage disposal systems or proposing a new onsite sewage disposal system construction can qualify for up to 50 percent of the approved cost as grant funding.

Small businesses, as defined by COMAR 21.01.02.01, with existing onsite sewage disposal systems or proposing a new onsite sewage disposal system construction can qualify for up to 75 percent of the approved cost as grant funding.

The grant eligibility percentages in this section may be adjusted in the future based on higher or lower funding demands for the upgrade of onsite sewage disposal systems.

Departmental Review. The applicant shall submit a complete application to include the following:

Notice of Application and Public Hearing. Upon receiving an application for funding, the Department shall coordinate with the Maryland Department of Planning prior to granting preliminary approval and shall:

If a public hearing is held regarding an application:

Determination of Preliminary Approval. The Department shall, in coordination with the Maryland Department of Planning, make its determination of preliminary approval:

Funding Approval. Upon granting an applicant preliminary approval for funding, the Department shall submit the application for a Priority Funding Area exception to the Smart Growth Coordinating Committee or to such body as may be designated by the State to consider applications for Priority Funding Area exceptions, for final approval or disapproval. The Smart Growth Coordinating Committee shall formally notify the Department of its decision.

Grant Conditions: Upon final approval of a priority funding area exception by the Smart Growth Coordinating Committee or such other body as may be designated by the State to consider applications for Priority Funding Area exceptions, the Department shall notify the applicant of the approval and shall enter into a grant agreement with the applicant that shall include terms and conditions of such final approval, including: