“Approving authority” means one or more officials, agents, or agencies of local government designated by the local governing body or specified by other provisions of Environment Article, Title 9, Subtitle 5, to take certain actions as a part of implementing these regulations. “Community sewerage system” means any system, whether publicly or privately owned, serving two or more individual lots, for the collection and disposal of sewerage or industrial wastes of a liquid nature, including various devices for the treatment of the sewage and industrial wastes. “Community water supply system” means a source of water and a distribution system, including treatment and storage facilities, whether publicly or privately owned, serving two or more individual lots. “County plan” means a comprehensive plan for the provision of adequate water supply systems and sewerage systems, whether publicly or privately owned, throughout the county and all amendments and revisions to it. “Department” means the Department of the Environment. “Existing service area” means that area that is currently served. “Final planning stages” means a work or works of community water supply and community sewerage system for which contract plans and specifications have been completed. “Financial management plan” means, for: 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. “Five- or six-year period” means that period, depending upon the county's capital improvement program, 5 or 6 years following the date of adoption of the plan, its amendment, or revision by the county. “Immediate priority” means a work or works of community water supply and community sewerage system for which the beginning of construction is scheduled to start within 2 years following the date of adoption of the plan, its amendments, and its revision. “Individual sewerage system” means a single system of sewers and piping, treatment tanks or other facilities serving only a single lot and disposing of sewage or individual wastes of a liquid nature, in whole or in part, on or in the soil of the property, into any waters of this State or by other methods. “Individual water supply system” means a single system of piping, pumps, tanks, or other facilities utilizing a source of ground or surface water to supply only a single lot. “Maintenance expense” means those expenses for labor, materials, utilities, and other items necessary to preserve the facility for its designed service life. Equipment or tools under $200 should be included in this amount. “Marina” means a dock, wharf, or basin providing mooring for boats which contain on-board toilet facilities, operated under public or private ownership, either free or on a fee basis, for the convenience of the public or club membership. “Multi-used sewerage system” means a single system serving a single lot, whether owned or operated by an individual or group of individuals under private or collective ownership and serving a group of individuals for the collection and disposal of sewage or industrial wastes of a liquid nature, including various devices for the treatment of sewage and industrial wastes having a treatment capacity in excess of 5,000 GPD. “Multi-use water supply system” means a single system of piping, pumps, tanks, or other facilities utilizing a source of ground or surface water to supply a group of individuals on a single lot and having a capacity in excess of 1,500 GPD. “Non-point source” means pollution originating from land run-off where no specific outfall can be identified. “Operation expense” means those expenses such as labor, utilities, supplies, contractual services, training, and insurance, necessary to operate the treatment plant during its designed service life so as to achieve the capacity and performance standards for which it was designed, constructed, and permitted. “Sewerage service area” is that area served, or potentially served, by a system of sanitary sewers connected to a treatment plant, or in a very large system, sub-areas as delineated by the county. “Ten-year period” means that period of the 6 or 7 through 10 years following the date of adoption of the plan, its amendment, or its revision by the county. “Under construction” means a work or works of community water supply and community sewerage systems where actual work is progressing or where a notice to proceed with a contract for this work has been let as of the adoption date of the plan, its amendment or revision. “Water service area” means that area served, or potentially served, by a single distribution system under control of a single utility, or, in a very large system, sub-areas as delineated by the county. Objective of County Plan. The objective of the county plan is to develop the water supply and sewerage systems in a way consistent with county comprehensive planning. The plan shall be used as a tool to implement the county development policy so that: 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. County Government Required to Develop Plans. The county governing body is the coordinating agency required to develop county water and sewerage plans. These plans shall incorporate all or part of subsidiary plans of the towns, municipal corporations, sanitary districts, privately owned facilities, and local, State, and federal agencies having existing, planned, or programmed development within the county. The governing body shall give notice to these officials and entities and they shall be provided an opportunity to be heard. Annual Review of Plan. The county plan shall be reviewed by the governing body at least annually. A report of the review, together with amendments to or revisions of the plan as adopted by the governing body, shall be submitted to the Department. Comprehensive Planning Agencies Shall Be Consulted. Every official planning agency having any immediate jurisdiction in a county, including those comprehensive planning agencies with multi-county or regional jurisdiction, shall be consulted by the governing body in connection with the preparation, amendment, or revision of county plans. A statement that the above agencies have been consulted shall be attached. Public Hearings on Amendments Required. A public hearing shall be held on all amendments and revisions to the county water and sewerage plan. The Department shall receive prior written notice of all public hearings on plans, amendments, or revisions. Sanitary Facilities Fund. The planning part of the Sanitary Facilities Fund established under Environment Article, §9-218, Annotated Code of Maryland, shall be available to the Department to finance planning for water and sewerage facilities including the preparation, amendments, and revisions of county plans. The Department is authorized to use funds appropriated in the program of the annual State operating budget, which provides for general local health services for this purpose. When so used, the proportion of State, federal, and local funds, respectively, shall be that specified for each subdivision's financing of minimum health services at basic matching rates. The planning for water and sewerage facilities to be financed in this manner may be financed jointly by, or under the joint authority of, the Department and any county or Baltimore City or the Washington Suburban Sanitary Commission. The funds to be so used shall appear in the local health department's budget for the fiscal year in which their use is anticipated. The percentage contribution may not be affected by any other State or federal funds received by the subdivision for the same planning unless the total grants exceed the actual cost of the plan, in which case the contribution shall be reduced accordingly. The governing body of each county and Baltimore City shall develop and submit annual amendments or revisions to the county water and sewerage plan as required by Environment Article, §9-511—9-513, Annotated Code of Maryland. The steps listed below shall be followed in sequence: 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. The counties and Baltimore City shall be the distributing agencies for all copies of the county plans or revisions. At least 50 copies of each should be printed to meet the required distribution. Copies are to be automatically distributed to the following agencies: Four copies to the Department of the Environment; Four copies to the Department of Natural Resources. All county plans, amendments, or revisions shall be prepared in conformance with this regulation. Each adopted plan shall be arranged with an introduction and a minimum of four chapters as outlined below. Introduction: 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. Chapter One. This chapter shall contain: 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. Chapter Two. Chapter two shall contain the general background information relevant to the water and sewerage planning. Information shall include the maps, charts, and tables listed below. When a county has previously developed alternative methods for presenting this data, the specific format required in the chapter may be waived by the Department. Physical. General maps showing aquifers, soil drainage characteristics, topography, ground water and surface water patterns. A map or table showing water quality criteria in the county. Population. General maps showing present and projected population distribution and density. Table No. 1, county population projections. Land Use. Maps showing existing land use, zoning, and the adopted comprehensive development plan for the county. Table No. 2, reflecting existing and zoned land use in acres. A map showing existing and proposed major public institutions, such as schools, hospitals, correctional facilities, government complexes; and a table showing the approximate populations of these institutions. Chapter Three. Chapter three shall contain a description of existing, planned, and future requirements for water service areas including tables, maps, charts, graphs, descriptive information, and all other matter regarding these systems. It shall contain a discussion of ground and surface water resources within the county including the quality and potential quantity of these sources. Summaries of existing and projected water demands and existing sources of pollution or contamination relating to water supplies shall be stated or shown. The chapter shall contain a discussion of alternatives and the rationale used in determining the means of providing future water supplies. For every water service area, the following shall be discussed or shown: operating agency, rated and actual productions, type of treatment, location, operation and maintenance costs, and proposed means of financial improvements. For any proposed new water supply source, a summary of the environmental impact of its development shall be given. Efforts to reduce demands (i.e., metering, rate changes, plumbing codes) shall be outlined. Minimum requirements for tables and maps in this chapter are as follows: 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. 4, of community system wells; An inventory, Table No. 5, of impounded supplies; An inventory of other surface water supplies showing initial and planned withdrawals (MGD). 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. Chapter Four. Chapter four shall contain a description of the existing and planned community and multi-use sewerage systems, including tables, maps, charts, graphs, descriptive information and all other matters regarding these systems. Indicate locations of proposed points of waste discharges. It shall be shown how conformance of existing and programmed sewerage facilities meet or will meet the effluent limitations specified in COMAR 26.08.03.01 of the Department of the Environment. It shall contain a summary of each available point of discharge evaluation, specifically those parts pertaining to protected water uses. It shall discuss the rationale for selecting a planned alternative for any proposed treatment facility, pumping station, or interceptor. For every service area and community system, the following should be discussed: operating agency, design average and peak flows; whether combined or separate collection systems; level and type of treatment given; sludge disposal plans, condition of treatment and transmission facilities; operation and maintenance costs; and proposed means of financing improvements. Minimum requirements for tables and maps in this chapter shall be as follows: 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. Technical Requirements. The following physical format shall be required for the submission of county plans. Textual materials, tables, charts, graphs, and other illustrations shall be prepared on 8-1/2 × 11-inch stock or any other size which can be folded for inclusion in the binder. Margins on the left-hand edge shall be punched for a multi-ringed 10 × 11-1/2-inch interchangeable stiff-backed binder with identification on the binder. The Maryland Coordinate Grid System shall be used to determine place locations. The Maryland State Highway System maps use this system with lines spaced at intervals of 50,000 feet bearing due east and due north from the points of origin. Other maps can be used by superimposing a similar grid on any map of Maryland. Referenced to the same point of origin, it then becomes possible to find any place on the map if its coordinates are known. Two numbers define any place location on the map. The first number designates the distance in thousands of feet that the place lies east of the point of origin, and the second number, the distance in thousands of feet that the place lies north of the point of origin. All projections shall be made for decade years except that for the first decade. The mid-period shall also be shown (e.g. 1970, 1975, 1980, 1990, 2000). Two maps of the entire county to a scale of approximately 1 inch equal to 1 mile shall be included showing, in general, areas served or to be served with community facilities. One map shall be for sewerage facilities and the other water supply facilities. These maps shall be folded, inserted into separate pockets marked “water” and “sewerage” and placed into the multiple-ringed stiff-backed binder. Two sets of detailed maps (one for water facilities and the other for sewerage facilities) of each portion of the county shall be prepared on a minimum scale of 1 inch equal to 2,000 feet and in sufficient number so to show actual areas served or to be served as set forth in these regulations. A minimum scale of "1 inch equals 3500 feet" is acceptable in those counties where existing detail mapping is complete or is under preparation. For those counties where detail maps have not been initiated, a scale of "1 inch equals 2000 feet" shall be the minimum requirement. Color coding on the maps is optional. Amendments or revisions to the county plan shall be prepared so that the new or additional material may be inserted in the binder in the appropriate places to provide a continuously updated and current county comprehensive water and sewerage plan. Each sheet of the amendment or revision shall be dated to show when the change became effective. Measurements as specified in this regulation shall be converted to their metric equivalence when applicable. 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. Delineate on the maps, existing or proposed and planned community and multi-use water and sewerage facilities, including wells, reservoirs, intakes, transmission and feeder mains, storage facilities, interceptor and truck sewers, pumping stations, force mains, treatment works, outfall sewers, and service areas. Show on the detailed maps sizes or capacities, or both, where appropriate. Delineate on the maps areas served by community and multi-use water and sewerage systems which are either existing or are under construction. The actual bounds of areas served by these systems shall be clearly indicated. The areas so delineated in this category shall be as shown in Table 14 and shall be referred to as W-1 for water systems and S-1 for sewerage systems. Delineate on the maps, areas to be served by extensions of existing community and multi-use water supply and sewerage systems which are in the final planning stages. The areas so shown in this category shall be as shown in Table 14 and shall be referred to as W-2 for water systems and S-2 for sewerage systems. Delineate on the maps, areas where improvements to, or construction of, new community and multi-use water supply and sewerage systems will be given immediate priority. The areas so shown in this category shall be as shown in Table 14 and shall be referred to as W-3 for water systems and S-3 for sewerage systems. Delineate on the maps areas where improvements to, or construction of, new community and multi-use water supply and sewerage systems will be programmed for the 3 to 5/6 year period. The areas so shown in this category shall be as shown in Table 14 and shall be referred to as W-4 for water systems and S-4 for sewerage systems. Delineate on the maps those areas where improvements to, or construction of, new community and multi-use water supply and sewerage systems are programmed for inclusion within the 6/7 through 10-year period. The areas so shown in this category shall be as shown in Table 14 and shall be referred to as W-5 for water systems and S-5 for sewerage systems. All other areas of the county should be shown as no planned service. The areas so shown in this category shall be as shown in Table 14 and shall be referred to as W-6 for water systems and S-6 for sewerage systems. Other map symbols shall be as shown in Table 14. The installation of individual water supply or individual sewerage systems shall be subject to the following requirements: An individual water supply or individual sewerage system may not be permitted to be installed where an adequate community water or sewerage facility is available. If an existing community water or sewerage facility is inadequate or is not available, an interim individual water and sewerage system may be used as set forth in §B(1), (2), and (3), of this regulation. Interim individual water supply and sewerage systems may be permitted to be installed in any portion of the county, except where otherwise prohibited, where community systems will be programmed for construction within the S-1-2, 3 and 4 and W-1-2, 3 and 4 service categories provided that: 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. Individual water supply or sewerage systems, not of an interim nature, shall be permitted to be installed in any portion of the county designated as S-5 and 6, and W-5 and 6 where community systems are not planned. The installations shall be governed by the regulations under COMAR 26.04.02 and 26.04.03 as minimum requirements. For each service area, flow data for all community and multi-use sewerage facilities will be presented according to either Table No. 15 for wastewater treatment plants or Table No. 15A for all principal collector sewers, interceptors, pumping stations, and associated force mains. Information presented previously in either Table No. 9 or Table No. 10 can be omitted from Table No. 15. In Table No. 15A, present data according to the flow pattern of existing sewerage system by starting with principal collector sewers and proceed to the treatment plant. Table No. 3Projected Water Supply Demands and Planned Capacity Service Area Present 1975 1980 1990 2000 Population GPCD Capacity Population GPCD Capacity Population GPCD Capacity Population GPCD Capacity total served unserved (gals) demand planned total served unserved (gals) demand planned total served unserved (gals) demand planned total served unserved (gals) demand planned —————— Table No. 4Inventory of Existing Community System Wells Well Nameor Number Aquifer CoordinateLocation DepthFeet DiameterInches Max. SafeYield PumpingCapacity WaterQuality Municipal (Public) Industrial Private Community/Institutional —————— Table No. 5Inventory of Existing Impounded Supplies Owner CrestElevation(above sea level) SpillwayLength Total Length of Dam Height of Crest Above Stream Bed Flooded Area of Crest Elevation Length of Shore Line at Crest Elevation Water Overflowed Crest for First Time Capacity of Reservoir Safe Yield (MGD) Average Daily Withdrawal (MGD) Municipal (Public) Industrial Private Community/Institutional —————— Table No. 6Inventory of Existing Water Treatment Facilities Owner Water Source Type Treatment Plant Coordinate Location Rated Plant Capacity (MGD) Average Production (MGD) Max Peak Flow(MGD) StorageCapacity(MGD) Planned Expansion MGD/Dates Method of Sludge Disposal Operating Agency Municipal (Public) Industrial Private Community*/Institutional * If transfer to public ownership is recommended, indicate expected date. —————— Table No. 8Immediate, 5 and 10 Year Priorities for Water Development Estimated Costs* Project StatusConstr. Start Fiscal YearandProject Number CountyPriorityAssigned CoordinateLocation Description Total Federaland/orState Local ImmediatePriorityProjects 5 and 10 YearPeriod Projects ______Year * Based on dollar values as of effective date of plan where applicable. —————— Table No. 9Projected Sewerage Demands and Planned Capacity ServiceArea Present 1975 1980 1990 2000 Population GPCD Capacity Population GPCD Capacity Population GPCD Capacity Population GPCD Capacity total served unserved (gals) demand planned total served unserved (gals) demand planned total served unserved (gals) demand planned total served unserved (gals) demand planned —————— Table No. 10Inventory of Existing Water Treatment Facilities Owner Type Treatment Plant Coordinate Location Occupied Acres Vacant Acres Point of Discharge* Max Site CapacitySecondary Max. Site Capacity (MGD) Advanced Existing (MGD) Capacity Flows (MGD)Average Peak Planned or Expected Abandonment Date of Interim MGD Date Operating Agency Municipal (Public) Industrial Private Community**/Institutional ** If transfer to public ownership is recommended, indicate expected date. —————— Table No. 11Problem Areas Inventory — Individual and Community Service Area ProblemDescription Location Population Acres Treatment Capacity Treatment Demand PlannedCorrectionDate if Known —————— Table No. 12Water Quality Problem Due to Storm Drainage Outfalls and to Non-point Sources Service Area Problem Description Location Reach Affected —————— Table No. 13Immediate 5 and 10 Year Priorities for Sewerage Development Costs** Projected Schedule*** Fiscal Year and Project Number County PriorityAssigned Coordinate* Location Description Total PL 660 Eligibility Other Federal Local Preliminary Plans Financial Plans Start Construction Complete Construction _____Year _____Year * Where applicable for both treatment facility and point of discharge location. ** Based on real dollar values. *** Month and year—for the last 5 years the “Construction Schedule Column” and need not be filled in. Table No. 14Water and Sewerage Map Symbols Table No. 15Flow DataWastewater Treatment Plants Design Parameters Flow Development Occupancy Units (1) Name or Service Area Hydraulic (mgd) Organic(ppm) Avg. Day*(mgd) Max. Day& (Date**) Existing* Anticipated***BPI PWA BOD SS UC NUC Example: 117 R 7 R 830 R Clear Water 3.5 200 200 3.0 5.5(3-17-76) 6,500 7 C none none * Per Effective Date of Plan (7-1-76) ** During Previous Fiscal Year *** List Residential (R) Separately from Commercial (C) and Industrial(i) BPI—Building Permits Issued Per Effective Date of Plan UC—Building Permits Issued Per Effective Date of Plan for Units under Construction NUC—Building Permits Issued Per Effective Date of Plan for Units not under Construction PWA—Building Permits for Unexpired Public Works Agreements Per Effective Date of Plan — Includes Industrial, Commercial and Residential Units —————— Table No. 15AFlow DataCollector Sewers, Inceptors, Pumping Stations and Force Mains Name or SewerType Designation Sewer CapabilityPumping Station Force Main Diam.(Inches) Flow,Avg.Day* mgdDesign Number of Pumps Capacity of Each Pump(mgd) Normal PumpingCapacity (mgd) Avg. Day Pumpage* (mgd) Max. DayPumpageand Mgd(date)** Diam. (inches) Design FLow (mgd) Example:Collector 12 0.5 1.0 Clear Branch Interceptor 18 3.5 5.0 Severn RunP.S. and 2 3.6 3.6 2.5 3.0(3-1-76) F.M. 24 8.0 Clear WaterSTP (See Table No. 15) * Per Effective Date of Plan (7-1-76) ** During Previous Fiscal Year Each county water and sewerage plan shall contain documentation that compliance with the MWCPFA, as codified in Article 56, §445, Annotated Code of Maryland, is being achieved. The documentation in §A of this regulation shall include: 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: A procedure which assures compliance with MWCPFA before the issuance of a certificate of occupancy, Local actions taken to assure compliance with the prohibition of the sale of non-water-conserving plumbing fixtures, The local procedures used to ensure that agreements between a developer and a builder to assure compliance with MWCPFA are made part of the record plat process or a part of a county building, plumbing, or occupancy permit, or bill of sale. If the county is not currently complying with the MWCPFA, then the county water and sewerage plan shall include a description of proposed changes to the local program which the county intends to implement to achieve compliance with MWCPFA. Each county water and sewerage plan (“county plan”) may be approved only upon inclusion of a financial management plan which includes all publicly-owned community sewerage systems in the county. Each financial management plan shall contain a: 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. Before issuance of a State permit for the construction of a new, proposed, self-contained, publicly-owned community sewerage system, the following requirements shall be satisfied: 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. Each county plan submitted after the effective date of these regulations, for fiscal purposes, shall treat each publicly-owned community sewerage system as a separate entity within the local operating agency budget. Starting on the effective date of these regulations, each county plan update shall include the complete financial management plan specified in §§A and B, of this regulation. However, a county may not submit its initial financial management plan later than July 1, 1989, regardless of the due date of its next county plan update. The instructions and definitions necessary for completing Schedule FS shall be sent to all county water and sewer plan contacts. In addition to the completed Schedule FS, the Department, after review of subsequent county water and sewer plans, may require and the county shall provide the information listed below. This information shall be submitted only at the Department's request, and it should not be included as part of the county plan or Schedule FS: 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. Environment Article, §§9-218, 9-505, 9-506, and 9-510, Annotated Code of Maryland Effective date: July 1, 1975 (2:3 Md. R. 154) Regulations .02A, .03A, .04E, F, .05, .06 amended effective Dec. 24, 1975 (2:29 Md. R. 1735) Regulation .07 adopted effective January 26, 1987 (14:2 Md. R. 129) Chapter recodified from COMAR 10.17.01 to COMAR 26.03.01 Regulation .01 amended effective July 25, 1988 (15:15 Md. R. 1813) Regulation .08 adopted effective July 25, 1988 (15:15 Md. R. 1813) “Approving authority” means the Secretary of the Environment or his designee. “Department” means the Department of the Environment or its designees. “Financial management plan” means, for: 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. “Maintenance expense” means those expenses for labor, materials, utilities, and other items necessary to preserve the facility for its designed service life. Equipment or tools under $200 should be included in this amount. “Operation expense” means those expenses such as labor, utilities, supplies, contractual services, training, and insurance, necessary to operate the treatment plant during its designed service life so as to achieve the capacity and performance standards for which it was designed, constructed, and permitted. “Schedule FS” means a financial document which demonstrates 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 content and format of Schedule FS shall be specified by the Department. “Sewage” means human and animal excretions, street wash, and all domestic and manufacturing waste. It may include, if collected and conveyed through one system of pipe lines and treated at one or the same treatment plant, liquid wastes such as rain water discharged from roofs, lawns, paved areas, etc., ground garbage, and manufacturing or industrial wastes. “Sewerage system” means the channels by which sewage is collected and disposed of, together with the body of water into which it is directly discharged, and all structures and appurtenances made use of in its collection and preparation for discharge in satisfactory condition into the waters of the State, excepting only the plumbing system inside the individual buildings served For the purposes of this subtitle, any sewer, no matter what its length and size may be, shall be sufficient to constitute a sewerage system. It may include the system of pipe lines and appurtenances by which sewage is collected and disposed. “Storm water or a storm drainage system” means a system of pipe lines, channels, and appurtenances for the collection, transporting, and disposal of water resulting from rainfall plus material foreign to rain water such as roof, lawn, and street wash, intercepted, loosened, and carried by the excess rain water in its course of runoff. “Waters of the State” means that portion of the Atlantic Ocean and its estuaries within the State, the Chesapeake Bay and its estuaries, and all springs, ponds, streams, wells, and bodies of surface or ground water, whether natural or artificial, within the boundaries of this State or subject to its jurisdiction. It shall also include lakes, rivers, creeks, and other watercourses. “Waterworks, water supply, and water supply system” means the sources and their surroundings from which water is supplied for drinking or domestic purposes, together with all structures, channels, and appurtenances by means of which it is prepared for use and delivered to consumers, excepting only the piping and fixtures inside the buildings served. It shall also include all pipe lines. Applications for Approval. The application for approval of plans shall be made by the proper municipal or county authorities, corporation, or person for whom the work is to be done, or their properly authorized engineers or agents. It shall consist of a letter briefly describing the project for which approval is requested. When applicable, evidence of approval by the Public Service Commission or by the Maryland Geological Survey shall be a requisite part of the application. Engineer's Report. 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. Submission of Plans and Specifications. 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. Kinds of Plans. 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. Sizes of Plans. A specific size of plans is not mandatory. Drawings not exceeding 30 inches wide by 42 inches long are preferred. Drawings with overall dimensions of less than 8-1/2 × 11 inches will not be accepted. General Plans--Scales. 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. Number of Plans. Unless otherwise requested, only one report, one drawing, or one set of drawings and one set of specifications shall be submitted for review and approval. If acceptable and approved, they will be retained in the files of the Secretary of the Environment, and an appropriate reference made to them in the written permit. Title of Plans. 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. As Constructed Plans. Upon completion of the work shown by plans originally approved by the Secretary of the Environment, and if material changes in the work developed during the construction operations, a revised set or a totally new set of plans showing all work, as constructed, shall be submitted to the Secretary of the Environment to replace the plans previously approved and to serve as a guide for all future work. If revised drawings are not necessary, a statement shall be supplied indicating all work was done in accordance with the original plans. Adequate Financial Management Plans. 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: For a new, proposed, self-contained, publicly-owned community sewerage system: The proposed system shall be described through new narrative text and revised tables and maps in a county plan amendment or update, and this amendment or update shall be adopted by the county governing body and approved by the Department, and A Schedule FS and a countywide financial organizational narrative meeting the requirements of COMAR 26.03.01.08B for the new sewerage system shall be adopted within the county plan and approved by the Department; For an extension to an existing publicly-owned community or multi-use sewerage system: A completed Schedule FS for the system shall appear in the county plan and be approved by the Department, For the first year following the adoption of this regulation, instead of §J(1)(b)(i), of this regulation, the Department may accept a certification from the county or its attorney that the appropriate local governing body has the authority to collect revenues to cover sewerage system costs. 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 project shall be described in the county plan in the correct service area category designation and designated by the appropriate map symbol. A Schedule FS shall be submitted to the Department for review and approval. General Plan — Sources of Supply. 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. Wells — Source of Supply. When deep wells are used as a source of water supply, at least two will be required to serve 100 or more family dwelling units or other water users totalling an equivalent use to that for 100 families. Each well shall have a daily yield equal to, or in excess of, 1 average day's water use by the properties served. General Plan — Distribution System. 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. Watersheds. The watersheds of storage reservoirs and stream intakes may be shown on plans with scales smaller than 1 inch equals 200 feet. The watershed area, in square miles, shall be designated. Dams. If dams are to be constructed, complete detailed plans showing all features of the structures shall be submitted. This shall include the volume of water to be stored at spillway level, the area of the reservoir at spillway level, the tributary drainage area in square miles, and the arrangements for releasing or withdrawing water. Evidence of approval by the Maryland Geological Survey shall be submitted. Wells, Springs, Pumping Stations, Purification Plants. Plans shall be presented showing: The location and dry-weather yield of all springs; The location, depth, and size and yield of all wells; All connecting piping, valves, metering devices, etc.; and The layout of pumping stations, together with the arrangement and size of all suction pipes, force mains and valves. 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. Information to be Submitted. Information as to the existing or predicted water consumption, the present and future population to be served, the number of proposed services, and the calculations used in determining the sizes, rates of flow, detention periods, capacities, etc., of all treatment and storage units or pumping units shall be submitted in advance of or with the plans. For major works a tabulation may be used. For simple problems a statement may suffice. Extensions. 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. Plans. Plans shall be drawn up substantially as indicated for general plans under Regulation .02 of this chapter. Those portions of the work intended for immediate construction shall be shown by heavy, solid lines, while contemplated future extensions should be designated by dotted, dark or light, lines. The plans shall show the complete drainage area for which it is intended ultimately to provide sewers. All existing utilities shall be shown to the correct location and elevation, as determined from the most authentic data available. Profiles. Accompanying each set of plans for proposed systems shall be: Complete profiles of all sewer lines, showing the location of manholes; The elevation of the sewer invert at each manhole; The size and grade of the sewer between each manhole; and The existing or proposed ground surface along the line of the sewer. 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. Pumping Stations and Treatment Plants. In case a pumping station or treatment plant forms a portion of the system, drawings showing the general layout, all piping arrangements, control devices, provisions for ventilation, and all constructional details relating to the station or plant shall be submitted. Detailed Plans. A plan showing details of sewer sections, except where prefabricated or molded pipe is used, of standard and special manholes, inlets, manhole covers, frames and steps, gratings, and any other special appurtenances or structures, shall be submitted with the general plan. Information to be Submitted. 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. Extensions. 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. Plans, profiles, and details for storm drains may be prepared on separate drawings or on the same drawings used for sanitary sewers. All calculations leading to the locations of inlets and the sizes and slopes of storm drains shall be submitted with the plans or previous to the plans. This is to include: 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. The Secretary of the Environment has no hard and fast rules relating to the purification of water supplies, nor has he deemed it wise to establish written standards of purity for streams or other bodies of water into which sewage shall discharge. Conditions are very different in various sections of the State, and also even in neighboring districts. Each water supply and each sewerage system presents a separate problem which shall be solved in a satisfactory manner to conform with the surrounding conditions. Environment Article, §§9-506 and 9-510, Annotated Code of Maryland Effective date: January 1, 1964 Amended effective December 1, 1970 Regulations .01B—E, .07, and .08 repealed effective August 8, 1980 (7:16 Md. R. 1595) Regulation .02C amended effective August 8, 1980 (7:16 Md. R. 1595) Chapter recodified from COMAR 10.17.05 to COMAR 26.03.02 Regulations .01 amended effective July 25, 1988 (15:15 Md. R. 1813) Regulation .02J adopted effective July 25, 1988 (15:15 Md. R. 1813) Regulation .02J amended effective June 18, 2018 (45:12 Md. R. 618) In this chapter, the following terms have the meanings indicated. Terms Defined. “County” means any of the 23 Maryland counties or Baltimore City. County Plan. “County plan” means a comprehensive plan for adequately providing throughout the county (including all towns, municipal corporations, and sanitary districts) the following facilities and services by public or private ownership: Solid waste disposal systems; Solid waste acceptance facilities; and Systematic collection and disposal of solid waste, including litter. “County plan” includes all revisions to the 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: Is discarded, or is being accumulated, stored, or physically, chemically, or biologically treated before being discarded; or Has served its original intended use and sometimes is discarded; or Is a manufacturing or mining by-product and sometimes is discarded. “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 disposal system” means any publicly or privately owned system that: Provides a scheduled or systematic collection of solid waste; Transports the solid waste to a solid waste acceptance facility; and Treats or otherwise disposes of the solid waste at the solid waste acceptance facility. A solid waste disposal system includes each solid waste acceptance facility that is used in connection with it. “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. Each county shall maintain a current, comprehensive, solid waste plan which covers at least the succeeding 10-year period. Each plan shall be prepared in accordance with these regulations, and shall be arranged with an introduction and five chapters as set forth in Regulation .03 of this chapter. Each county plan shall include all or part of the subsidiary plans of the towns, municipal corporations, sanitary districts, privately owned facilities, and local, State and federal agencies having existing, planned, or programmed development within the county to the extent that these inclusions shall promote the public health, safety, and welfare. These subsidiary plans may be incorporated by reference into the county plan. The Department may require the installation of a solid waste disposal system, if deemed necessary, after considering the factors listed in Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland. The Department may permit the establishment of a solid waste acceptance facility without a collection and transportation system if a solid waste disposal system is either not available or not required to be installed in the area. The introduction shall contain: 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. Chapter One shall contain a: 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. Chapter Two shall contain a: 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. Chapter Three shall contain: 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: Residential (household, domestic) wastes; Commercial wastes; Industrial (nonhazardous) solids, liquids, and sludges; Institutional (schools, hospitals, government buildings) waste; Land clearing and demolition debris (rubble); Controlled hazardous substances (CHS); Dead animals; Bulky or special wastes (automobiles, large appliances, etc.); Vehicle tires; Wastewater treatment plant sludges; Septage; and Other wastes (water treatment plant sludges, residues collected by a pollution control device, agricultural wastes, mining wastes, litter, street sweepings, recreational wastes, etc.) unless they are generated in insignificant quantities. However, the Department may require the county to substantiate any omission. 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: Its location on a map; Its Maryland grid coordinates; Its size in acres; The types and quantities of solid wastes accepted; Ownership; Permit status; and Anticipated years of service life remaining. Chapter Four. 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: Topography; Soil types and their characteristics; Geologic conditions; Location; Use and depth of aquifers; Location of wetlands; Location of surface water sources and their flood plains and watersheds; Existing water quality conditions; Incompatible land use; Planned long-term growth patterns; Federal, State and local laws and areas of critical State concern (as designated by the Department of State Planning). The assessment shall evaluate: The use of source separation and source reduction programs to reduce the quantities of solid wastes which shall be collected for disposal; Resource recovery options to reduce land disposal capacity needs; Consumer education programs, and cooperation with appropriate suppliers for the purchase of recycled products to encourage, and help create a market for, resource recovery and source separation programs; The need for disposal capacity for asbestos; Programs and procedures needed to respond to the unplanned (emergency) spillage or leaking of hazardous wastes within the county; and Whether existing local master plans and zoning regulations provide for the appropriate siting, operation, or both, of solid waste management systems or facilities. Chapter Five. 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: Discuss the solid waste disposal systems and solid waste acceptance facilities, both public and private, which will be in use during the planning period, including proposed systems and facilities; Provide a mechanism for managing each of the waste streams identified in §D(1) of this regulation; Demonstrate, through tables, charts and graphs, that the sizing, staging, and capacity of all systems and facilities in §F(2)(a) and (b), of this regulation, will be adequate for the county's needs during the planning period; Establish schedules for placing new public or private solid waste disposal systems or solid waste acceptance facilities into operation, including a description of necessary actions and their timing, to bring the county's solid waste disposal systems into compliance with the mandates of pertinent federal and State laws, and any permits or orders issued under these laws; Describe provisions and methods for financing existing and proposed solid waste disposal systems, including planning and implementation; Include a projected closure date for each public solid waste acceptance facility which is scheduled to cease operations during the planning period, the projected use of each closed site, and the relationship of that use to the county's comprehensive land use plan; and Discuss changes in programs, plans, regulations, and procedures as a result of the assessment conducted under §E, of this regulation. Maps in the county plans shall be of sufficient scale and clarity to clearly show the required information. Projections in the county plans shall be given for at least the succeeding 10-year period at intervals of not more than 5 years. Except as provided in §B, of this regulation, each county plan shall be: 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. Exceptions. A revision for the sole purpose of including a private facility is not necessary if the: 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. Revisions pertaining to county plans shall be adopted and submitted in accordance with the following process: 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. The Department shall distribute copies of the adopted revision to the Departments of Natural Resources, State Planning, and Agriculture, for review and comment. The Department shall, within 60 days after receiving the submission, approve, disapprove, or approve in part, the adopted revision unless the review period has been extended under Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland. If the submittal is disapproved in whole, or in part, the Department shall, in a written notice to the county, clearly define the inadequacies of the submittal, and provide a suggested outline of the tasks needed to improve the submittal so that it can be approved by the Department. The governing body shall, for 6 months following the disapproval, have the right to appeal the Department's action by sending a written notice of appeal to the Department. Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland Effective date: January 1, 1971 Regulations .01—.05 repealed and new Regulations .01—.05 adopted effective November 4, 1985 (12:22 Md. R. 2104) Chapter recodified from COMAR 10.17.08 to COMAR 26.03.03 Regulation .05C, E, F amended effective June 18, 2018 (45:12 Md. R. 618) The following regulations provide procedures for the application, review, and approval of State grants awarded under section 5.2(a) of Chapter 55 for the purpose of assisting the construction, extension, and improvement of existing public sanitary sewer systems and, where necessary, for the construction of temporary sewerage treatment plants and related facilities to abate or prevent health hazards arising out of the failure or inadequacy of individual sewerage systems. “Applicant” means any bona fide governmental agency or incorporated nonprofit organization or association responsible for construction of sewerage facilities. “Construction” means pertinent design and engineering services and the physical installation of any new, or extension of, an existing public sewer system or of any temporary sewage treatment facility. “Extension” means adding sewage collecting facilities and equipment to an existing system. “Improvement” means the installation of adequate means for collecting and treating sewage to abate or prevent public health hazards. “Individual sewerage system” means a single system of sewers and piping, treatment tanks or other facilities serving only a single lot and disposing of sewage or individual wastes of a liquid nature, in whole or in part, on or in the soil of the property into any waters of this State, or by other methods. “Public sanitary sewer system” means any system serving two or more individual lots for the collection and disposal of sewage, including various devices for the treatment of the sewage. “Temporary sewage treatment plant” means any facility constructed to treat sewage before discharge into a stream or onto the ground surface or into the soil, which is to be abandoned when a permanent system is declared available by the Department of the Environment. These regulations apply to projects which are eligible for State grants under section 5.2(a) of the “Water Quality Loan of 1973”. Applications for State grants shall contain a statement by the applicant that potential sources of federal funding have been reviewed and are not available or are insufficient for the construction project. Grant funds may be made available for the construction of temporary sewage treatment plants and related facilities to abate or prevent health hazards arising out of the failure or inadequacy of individual sewerage systems existing as of April 26, 1973. The health officer of the county or Baltimore City in which the project is situated shall certify to the Secretary of the Environment, or his designee, concerning the inadequacy of the individual sewerage system, its effect on the public health, and that the system existed before April 26, 1973. The need for the construction, extension, or improvement shall be included as an approved sewerage service area in the county water and sewerage plan adopted by the county governing body pursuant to Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland. As a prerequisite to eligibility for a grant, each county shall submit an annual inventory, as part of the county water and sewerage plan, of specific locations where failing or inadequate systems occur, and proposed solutions. Any project on which a State grant is requested shall comply with all applicable federal and State requirements. A State grant may not exceed 87-1/2 percent of the cost of the project except that in the case of a project to be operated by the State owned institution or facility, the State grant offer may equal the total cost of the project. More than $2,500,000 may not be granted for projects in any one political subdivision. Applications shall be made in letter and report form to the Water Management Administration of the Department of the Environment. The application shall include: A statement that federal funds are not available or are insufficient for the construction work, and what sources of funds were investigated; A detailed narrative of the need for the project, including a discussion of alternative solutions investigated, if any, and why the proposed solution was selected; Evidence from the deputy state health officer for the county in which the proposed construction will be situated of the public health need; Fiscal information submitted in a manner prescribed by the Secretary of the Environment, including the following: 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; Preliminary plan of sewers needed with houses and buildings shown and maps delineating the service area of the project, identifying: 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; Population to be served and anticipated sewage flow; Total bonded indebtedness of the area to be served or other information which will indicate the financial burden for county and municipal services of the properties to be served by the proposed sewers; Total assessed value of properties to be served; Any other data deemed of value for evaluation of the need for State grant funds; Priority list of projects where two or more projects are involved. Applications for grants under section 5.2(a) of Chapter 55 shall be reviewed by the Water Management Administration. The review shall include the following: An evaluation to determine that: The project is ineligible for a federal grant; or A timely and sufficient federal grant is not available. 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. The Secretary shall: 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. When the State grant is approved by the Board of Public Works, the Secretary shall give notification to the applicant that preparation of contract plans and specifications may proceed for review by his staff and the federal agency, if any, before issuing a construction permit required by Environment Article, §9-204, Annotated Code of Maryland. If any section or provision of these regulations is declared unconstitutional or void by any court of competent jurisdiction, or the applicability thereof to any person or circumstances is held invalid, the constitutionality or validity of the remainder of the regulations and the applicability thereof to other persons and circumstances is not affected thereby, and to this end, the sections and provisions of these regulations are declared to be severable. Environment Article, §9-218, Annotated Code of Maryland Effective date: July 10, 1974 (1:10 Md. R. 73) Chapter recodified from COMAR 10.17.09 to COMAR 26.03.04 The purpose of this program is to identify additional types of on-site sewage disposal systems that can be used in Maryland. The Department is authorized to make grants available to political subdivisions for the purpose of constructing innovative and alternative on-site sewage disposal systems. The subdivisions shall use the State grants to provide grants to owners of improved properties with failed conventional systems and owners of previously recorded land that has failed a soil percolation test. Grants shall be used only for installing experimental systems using Department approved innovative and alternative system design criteria. This chapter establishes eligibility criteria for participation by local political subdivisions and property owners in the program. The following terms have the meanings indicated. Terms Defined. “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. This program may not be applied to the development of an unimproved parcel of land that is proposed to be subdivided into building lots. The Department shall manage and supervise the program and make grant available to political subdivisions under conditions listed in Regulation .04 of this chapter. A project for which State financial assistance is granted shall comply with all applicable State laws and regulations governing the safe and adequate disposal of sewage. State financial assistance may not provide more than $10,000 or 50 percent of the anticipated construction costs of the project, whichever is less. The Department shall request comment from the Department of State Planning or any community planning agency regarding demographics, land use, and fiscal impact or any other pertinent information regarding program projects. To be eligible for State funds, a political subdivision shall: 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: Collect data; Prepare technical reports; and Inspect the operation and performance of the systems installed. 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. Priority for allocating funds to eligible political subdivisions shall be given to those subdivisions whose collective innovative and alternative program plans offer the best opportunity to satisfy the purpose of the program, as defined in Regulation .01A, of this chapter, on a Statewide basis. Funds not dispensed to applicants by political subdivisions within 6 months of their receipt shall be returned to the Department for reallocation. To be eligible for State funds from a political subdivision under the program an applicant shall: 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: Has an existing failed septic system, or Is unimproved, was platted before 1972, and has failed percolation testing requirements; 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: Upgrade an existing system; Abate an existing pollution or public health problem related to sewage disposal; or Improve one unimproved site with a new home and innovative and alternative on-site sewage disposal system. Priority for program participation shall be given to applicants who have: 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. Political subdivisions receiving grants under this program are required to enter into an agreement with the Department. This agreement shall provide for: The political subdivision to commit adequate resources for establishing a local innovative and alternative on-site sewage disposal system program to be conducted in accordance with requirements established by the Department and including: 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. The role the local county health departments will serve in the program including a description of their participation in: Applicant screening; Site evaluation; Review of system design; and Monitoring and reporting. A selection process for choosing projects to be funded when the number of eligible, priority applicants exceeds available funding levels. With the concurrence of the Department, State grant participation may be established at less than 50 percent of the project costs for any individual project. The political subdivision to screen and list applications for project eligibility and priority ranking in accordance with requirements in this chapter. The screening process shall include: A site evaluation and determination of the nature of the project and its suitability to receive grant assistance including: The applicant's name; A plat description of site to be served, including size, property boundaries, and location; A statement as to whether the property is improved or unimproved; The number of bedrooms in the house; The estimated sewage flow; Site characteristics including slope, soil data, surface and subsurface drainage, vegetation and well location; and Relation of the project to the local comprehensive plan and relation to other State or local programs for management of development, including the Chesapeake Bay Critical Areas Program and Agricultural Land Preservation Program; 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. The political subdivision to conduct in-depth site evaluations for each site meeting eligibility and priority requirements to ascertain ability of the site to support an innovative and alternative system. Site evaluation shall be conducted in accordance with Department requirements and include description or assessment of the following site characteristics: 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. The political subdivision to make recommendations for each site evaluated, including the type of innovative and alternative sewage disposal system best suited to the site, and a relisting of eligible and priority applicants given in-depth evaluation findings. This listing shall be submitted in accordance with the timetable outlined in Regulation .04 of this chapter. The Department to approve of political subdivisions' screening listing and in-depth evaluation results before State grant awards to political subdivisions. The Department's approval process shall include: 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. The political subdivision to make progress reports to the Department on the administration of the local programs, including status reports on the performance of funded projects. Before Department and political subdivision approval of funding for innovative and alternative on-site sewage disposal systems, an agreement shall be signed by the applicant, political subdivision, and the Department which: 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: Costs incurred in installation above the fixed amount; and All operating and maintenance costs. 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. Representatives of the Department and the political subdivision shall meet with program participants, individually or in groups, before the signing of the agreement to: 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. Environment Article, §§9-1401—9-1406, Annotated Code of Maryland Effective date: December 2, 1985 (12:24 Md. R. 2348) Chapter recodified from COMAR 10.17.16 to COMAR 26.03.05 These regulations establish the State's cost-sharing program to assist local governments in installing certain stormwater pollution control practices intended to protect, restore, and improve the water quality of the Chesapeake Bay and other waters of the State by reducing water pollution from stormwater runoff in existing urbanized areas. In this chapter, the following terms have the meanings indicated. Terms Defined. “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. “Project” means a structural or nonstructural measure or a combination of measures which work as a unit to reduce water pollution from stormwater runoff on one or more properties. “Project” includes feasibility studies and the design and monitoring of a structural or nonstructural measure or measures to reduce stormwater pollution. “Secretary” means the Secretary of the Environment. A grant awarded under this regulation may not exceed: Seventy-five percent of the total project cost; and $500,000. A grant may be used for construction on privately-owned property if: Necessary for the purpose of the project; and An agreement has been made with the property owner and the applicant. The proposed grant and the related project shall be subject to State Clearinghouse review procedures. An applicant is eligible to apply for financial assistance for one or more projects if the following conditions are fulfilled: The applicant shall be a county or an incorporated municipality in Maryland; The applicant shall submit evidence which demonstrates that the project will: Provide pollutant reduction benefits for the stormwater which it handles, Handle stormwater generated primarily from existing residential, commercial, industrial, or institutional use. The Department shall establish and maintain a stormwater pollution control project priority list. The selection criteria for grant awards shall provide the basis for developing the project priority list. These criteria shall include: 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: Inspect and review construction performance, Provide the 25 percent match through funds or in-kind services and fulfill all grant conditions, Assure accountability for all funds awarded; Innovative or alternative nature of the project; Public visibility of the completed project. The applicant shall complete a preapplication form supplied by the Department which shall include: 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. The applicant shall forward the preauthorization form to the Department within 60 days of the adoption of this regulation. Within 45 days after the receipt of the preapplication form, the Department shall notify the applicant as to whether its preapplication is approved or disapproved. Departmental approval of the preapplication form assures placement on the priority list, although not necessarily within the fundable range. If the preapplication is approved, the applicant will be notified of the project's position on the priority list and the availability of funding. Upon receiving written notice by the Department as to the availability of funding for a particular project, the applicant shall submit within 30 days an application which includes: A final schedule for the completion of the project which sets out significant milestones and the dates for the preparation of design plans and specifications; All design, construction, maintenance, and other plans, and the final cost estimates of the project in accordance with the final schedule. The Department, upon receipt of the application, shall prepare a technical project review. The Department shall submit copies of the technical project review to the State Clearinghouse. The applicant, upon receipt of the technical project review comments and State Clearinghouse recommendations, shall respond to all comments and recommendations. The project summary report of each approved project will be prepared by the Department and submitted to the Board of Public Works. Upon approval by the Board of Public Works, the Department shall execute an agreement with the applicant. The agreement shall require the applicant to do the following: 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. If the project is constructed on private property, the applicant shall obtain all necessary legal agreements with the private property owner before the Department executes a cost-sharing agreement with the applicant. After all parties execute the cost-share agreement, the applicant shall begin the approved project. The applicant shall submit monthly progress reports to the Department. Failure to adhere to the approved project schedule may result in the withdrawal of cost-share funds by the Department. The Department may inspect the construction or installation of a project to ensure that it complies with the technical design specifications approved by the Department. The applicant shall agree to: Permit the inspection of the construction site; and Assist State employees in making inspections. Payment may be made in total or incrementally at the discretion of the Department. The nature of payment will be specified in the executed cost-share agreement. The Department shall authorize payment to reimburse the applicant if it has determined that all of the following conditions have been met: 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: Vendor names; Type of material, labor, or equipment supplied; and The unit cost paid for each item, the total number of units, and the total amount paid to each vendor. 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. The applicant shall certify to the Department with the seal and signature of a Maryland Registered Professional Engineer that the project meets all applicable standards and specifications in the technical design before final payment is made. The applicant agrees not to authorize any significant extra work order or change order without the approval of the Department. The Department, at its discretion, may fund extra work or change orders. However, the cost of all extra work or change orders in excess of 5 percent of the grant or not authorized by the Department are the responsibility of the applicant. After the Department has distributed the grant funds for a project, the Department shall periodically inspect the project to ensure proper maintenance in conformance with the grant agreement. The applicant shall maintain a complete record of the maintenance inspections and overall performance of the project in accordance with procedures set forth in COMAR 26.09.02. The records will be available to the Department upon request. If the applicant fails to establish, install, construct, or maintain the stormwater management project in accordance with any agreement executed with the Department, the applicant shall be liable for the full amount of State stormwater management cost-sharing funds paid for the project. However, the applicant is not liable for adequate maintenance of the stormwater management project if damage is caused by an act of nature that could not be reasonably anticipated. Environment Article, §§9-345 and 9-350, Annotated Code of Maryland Effective date: April 8, 1985 (12:7 Md. R. 707) Chapter recodified from COMAR 10.50.05 to COMAR 26.03.06 Regulation .02B amended effective November 20, 1994 (21:23 Md. R. 1937) Regulation .05B amended effective November 20, 1994 (21:23 Md. R. 1937) The laws of Maryland have been amended by Laws of Maryland 1984, Chapter 795, codified at Environment Article, §§9-345—9-349, Annotated Code of Maryland, to allow financial assistance to industrial users for loans or loan guarantees for projects that provide pretreatment of pollutants that are discharged directly or indirectly into publicly owned treatment works or into any conveyance leading to a publicly owned treatment works. The following terms have the meanings indicated. Terms Defined. “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”: Means the channels used or intended to be used to collect or dispose of sewage; Means structure and appurtenance used or intended to be used to collect or prepare sewage for discharge into the waters of the State; Includes a sewer of any size; but Does not include the plumbing system inside a building served by the sewerage system. The Department of the Environment and the Department of Housing and Community Development, in accordance with these regulations, may jointly award loans to industrial users for projects that provide for pretreatment of pollutants that are discharged directly or indirectly into publicly owned treatment works or into a conveyance leading to a publicly owned treatment works. An applicant for a loan shall: 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. The State priority system for the award of loans shall be developed by the Department of the Environment, may be subjected to public hearings, and will result in a priority list which shall be used to award the financial assistance. The priority system shall take into account, as appropriate: The EPA National Pretreatment Standards, 40 CFR §403.6, which are incorporated by reference; The water quality or public health impacts of the existing circumstances; The problem prevention aspects of the proposed project; Previous efforts expended to correct an existing problem; The financial capacity of the applicant to repay the loan; Cost effectiveness of the proposed project; Planning requirements; Applicant's plans for monitoring and report; and Measures to assure accountability for loans. Preapplication to Establish Eligibility and Ranking. Anyone interested in applying for a loan shall submit to the Department of Housing and Community Development sufficient information, as indicated on the preapplication form, for the Department of Housing and Community Development and the Department of the Environment to determine tentative project eligibility, ranking, and cost and applicant financial capability. Application After Eligibility and Ranking Determined. After the eligibility and ranking of potential applicants has been tentatively determined, a person tentatively determined to be eligible may apply to the Department of the Environment for a loan by submitting, in the number of copies directed by the Department of the Environment, the following: 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: Management system for construction and operation of the project, and Bookkeeping and accounting system for accounting for expenditures for construction of the project and repayment of the loan; and 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. A loan may not be awarded that will cause a project to be funded at a level exceeding 100 percent of the total project costs. Loans may be awarded up to 100 percent of the eligible costs of the project. Loans may be made to refinance existing financing that has been already obtained at terms that are found to be not reasonable. Eligible Costs. Costs eligible for a loan are actual construction costs. In addition, at the discretion of the Department of the Environment, loans may be awarded to include some or all of the following supplementary project costs: 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. The Department of the Environment may only approve a loan to industrial users for projects that provide pretreatment of pollutants that are discharged directly or indirectly into publicly owned treatment works if: The Secretary of Housing and Community Development determines that there is a reasonable assurance of repayment of the loan; The Secretary of Housing and Community Development determines that the applicant for a loan is unable to obtain, on reasonable term sufficient credit to finance the applicant's actual needs without the loan; The Department of the Environment determines that the project meets applicable technical standards and that cost estimates are reasonable and represent eligible cost; When the applicant does not own the property where the pretreatment project will be constructed, the landowner consents to the terms and conditions of the agreement; The Secretary of the Department of the Environment determines that the project will cost-effectively reduce the discharge of pollutants and improve water quality; and The loan: 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. Loan agreements shall include: Specification of the purpose, amount, manner of repayment, and other conditions required by the Board of Public Works; The obligation of the applicant to: 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; On loans over $2,500, a granting to the State of a security interest specified by the Department of the Environment in equipment, structures, or property purchased in whole or part with State monies. Environment Article, §§9-345—9-349, Annotated Code of Maryland Effective date: April 21, 1986 (13:8 Md. R. 900) Chapter recodified from COMAR 10.50.06 to COMAR 26.03.07 The laws of Maryland have been amended to allow financial assistance to State and local governmental entities in the form of grants and loans for projects that provide protection, restoration, and improvement of the quality of the waters of the State. “Applicant” means any State or local governmental entity. “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 of America, Statute 33 U.S.C. 1251 et seq., as amended and such regulations, policies and guidelines as published from time to time pertaining to the Act. “House connection” means the sewerage system from the “Y” branch on the lateral sewer to the building lot property line. “Includes or including” means includes by way of example and not by limitation. “Project schedule” means a listing of significant events in the anticipated order of time of execution to ensure the orderly and timely progression and completion of a project. “Sewage” means any human or animal excretion, domestic waste, or industrial waste. “Sewerage system” means the channels used or intended to be used to collect or dispose of sewage, and any structure or appurtenance used or intended to be used to collect or prepare sewage for discharge into the waters of the State. This includes any sewer of any size, but does not include the plumbing system inside any building served by the sewerage system. Financial Assistance for Control of Nonpoint Sources of Agriculturally Related Water Pollution. 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 Board of Public Works, upon recommendation made by the Department of the Environment in accordance with these regulations, may award grants or loans to State and local governmental entities for the eligible costs of projects that will provide protection, restoration, and improvement of the quality of the waters of the State. The Department, in consultation with the Secretaries of State Planning, Natural Resources, Agriculture, and Housing and Community Development, shall establish priority systems for determining which projects shall receive financial assistance. An applicant shall obtain all applicable federal, State, and local permits, including construction, discharge, highway, waterway and wetland permits, and comply with all other applicable federal and State laws before application to the Board of Public Works for the grant or loan. Initiation of construction before approval of the Board of Public Works may disqualify the project for financial assistance. The proposed project shall be subject to State Clearinghouse review procedures found in COMAR 16.02.01 at the preapplication stage and again at the application stage if there is a substantial change in the scope of the project. The State priority system for the award of financial assistance shall be developed by the Department, may be subjected to public hearings and will result in a priority list which shall be used to award the financial assistance. The priority system shall take into account, as appropriate: 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. Based on the priority system, the Department of the Environment shall develop a priority list of projects. Preapplication to Establish Eligibility and Ranking. Anyone interested in applying for financial assistance shall submit to the Department on the form provided by the Department sufficient information for the Department to determine tentative project eligibility and priority ranking, financial capability, preliminary cost estimates, and certification that the project is consistent with the County Water and Sewer Plan. Projects applying for financial assistance under the Federal Clean Water Act shall be submitted annually on or about June 1. Application after Eligibility and Ranking Determined. After the eligibility and ranking of potential applicants has been tentatively determined, any person tentatively determined to be eligible may apply to the Department of the Environment for financial assistance by submitting, in the number of copies directed by the Department of the Environment, the following: 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: An application on the form furnished by the Department. A report on the feasibility of the project. Clearinghouse review and comment. Certification of consistency with the County Water and Sewer Plan. Project schedule. When required by the Department, approved plans and specifications. A certification that other fund sources are not available or are insufficient for the proposed project. The certification shall be accompanied by evidence of financial inability to fund the project and a description of efforts expended to obtain funds from other governmental and private entities. Financial assistance may not be awarded that will cause a project to be funded at a level exceeding 100 percent of the total project cost. Combined State and federal financial assistance normally may not exceed 87-1/2 percent of the federally eligible cost of a project except grants may be awarded for up to 96-1/4 percent of the eligible cost of projects which contain innovative or alternative technology as define in the Clean Water Act and up to 100 percent of the eligible costs of projects undertaken for chlorine removal, nitrogen removal, existing special water quality needs or public health needs, constructing, equipping, rehabilitating and improving sewerage systems at a State-owned institution or facility. State financial assistance in the form of loans shall be as set forth in Regulation .07 of this chapter. Eligible Cost. 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: Reports; Plans; Specifications; Legal and administrative services; Equipment; Rehabilitation or improvement; Acquisition of interest in land; Acquisition of interest in easements; and Acquisition of rights-of-way. 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. A reserve fund shall be established for grant and loan amendments to meet cost increases. Loans: 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. Loan agreements shall include specification of the purpose, amount, manner of repayment, the obligation of the applicant to construct, install and operate the project in a manner which ensures compliance with all contract documents and the discharge permit, maintain the project for its expected life span, and any other condition required by the Board of Public Works. Authorization of payments of State funds may be made by the Department of the Environment only in accordance with policy and procedures of the Board of Public Works. Environment Article, §§9-302, 9-345--350; Agriculture Article, §8-701; Annotated Code of Maryland Effective date: April 21, 1986 (13:8 Md. R. 901) Chapter recodified from COMAR 10.50.07 to COMAR 26.03.08 Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1863) Regulation .03 amended effective August 6, 1990 (17:15 Md. R. 1863) Sections 5(b) and 5(c) of Chapter 306, Acts of 1982, Laws of Maryland, authorizes the Board of Public Works to award financial assistance to State and local governmental entities for the purpose of assisting in the acquisition, construction, equipping, rehabilitation, and improvement of water supply facilities where these projects are critical to public health or necessary to assure compliance with Safe Drinking Water Requirements. “Applicant” means any State or local governmental entity. “Construction” means the physical installation of any new water supply facility, or the upgrading or rehabilitation of any existing water supply facility. “Department” means the Department of the Environment. “Financial assistance” means State grants, loans, or loan guarantees. “Local governmental entity” includes a county, municipality, sanitary commission, and local or regional water authority. “Secretary” means the Secretary of the Environment. “Significant change order” means one which introduces a new element or goal in the approved water facility project. It may consist of a change in treatment capacity or flow capacity, a different area to be served, the purchase of equipment not contemplated in the original contract, or the substitution of a piece of equipment by another which has a capability greater or less than that originally specified. The dollar amount of the change may not be the sole determining factor as to whether or not a change order significantly alters the project. Funds available under this program are intended to be used as a last resort measure to assist regional and local governmental agencies in solving water supply system inadequacies, when it can be demonstrated that the applicant has insufficient or limited financial capability to proceed with necessary construction projects. Financial assistance is limited to State and local governmental entities. Eligible project costs are determined by the Department using principles set forth in Regulation .05 of this chapter. The Department shall use a project priority system in determining which projects will receive financial assistance. Financial assistance may only be provided up to a maximum of 87-1/2 percent of the eligible costs of the project. Project applications shall consist of a pre-application and final application, including documentation of need and such other information as may be required by the Department. A water facility construction permit, as required by the Environment Article, §9-204, Annotated Code of Maryland, shall be required before the Board of Public Works' consideration of financial assistance for construction of the project. The proposed project is subject to State Clearinghouse review procedures. The applicant shall follow all local bidding requirements. When local bidding requirements do not exist, bidding procedures satisfactory to the Board of Public Works shall be followed. A governmental entity receiving financial assistance under this chapter may not award a contract on a “cost-plus” basis. Any project for which State financial assistance is granted shall comply with all applicable State Law. The documents listed below are incorporated by reference. Each is available for public inspection at the appropriate office in each county, and in Baltimore City. The documents are: 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. Before the award of State financial assistance for construction, the need for facility construction or improvement shall be identified, and a project to meet that need shall be contained in the approved County Comprehensive Water and Sewerage Plan. The Department may also require a public hearing on the project, in addition to the public hearing required pursuant to adoption of the county water and sewerage plan. A water appropriation and use permit, as required by Natural Resources Article, §8-811, Annotated Code of Maryland, shall be required before the Board of Public Work's approval of financial assistance for construction of the project. Financial assistance may be approved by the Board of Public Works for community associations if the assistance is passed through a governmental entity. In these cases, a governmental entity shall be the responsible applicant. The Department shall require that the community association be incorporated and be responsible for financial and ownership requirements as are found necessary to assure continued, efficient, and effective operation of the system. The governmental entity shall agree to act as the agent for the community association in applying for financial assistance and shall be jointly responsible for complying with the terms of the grant or loan agreement. An applicant shall submit a pre-application which includes sufficient information for the Department to determine: Project eligibility; Priority ranking; The extent to which funds will be available to support projects on the annual priority list. Final Application. The Department shall require the applicant to submit, within 1 year, a final application when the project falls within the fundable range on the annual priority list. The Department may, at its discretion, extend the application deadline. The application shall contain any additional information the Department may require including: 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. If the Department determines that under Regulation .05E, of this chapter, feasibility studies, planning, and plans and specifications are eligible for funding, the Department may petition the Board of Public Works for these funds before determining the extent to which the State may participate in providing financial assistance for construction. The award of financial assistance may not cause a project to be funded at a level exceeding 100 percent of the total project costs. 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. The total amount of a State grant for any project may not exceed $1,500,000. Project Costs Eligible for Financial Assistance. Project costs which are eligible for financial assistance under this chapter may include: 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 Department shall annually rank applications for grant and loan assistance. 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. Following the public hearing, the Department may change the rankings of projects based on public input. 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: The project arises out of an unanticipated immediate need; and Irreparable damage to the public health would result if the project is not constructed. Priority System. 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: The public health benefits of the project; The project's ability to comply with any mandatory legal requirements; The environmental benefits, system reliability benefits, or both of the project; The project's compliance with water conservation requirements; The size of the community, with a preference given to small community projects; and The financial, technical, and managerial capacity of the applicant. Based on the priority system, the Department shall develop a priority list of projects. 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. Financial assistance provided under this chapter may not be applied to projects whose construction was initiated before approval by the Board of Public Works. State Loans. 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. State Loan Guarantees. A loan guarantee of the principal of, or interest on, any commercial loan or obligation to finance an eligible project may be made under the following conditions: 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. Terms of Financial Agreement. The financial agreement required by the Board of Public Works as a condition of financial assistance shall include terms which: 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. Financial agreements may also include any special conditions or requirements recommended by the Department and approved by the Board of Public Works. Environment Article, §§9-404 and 9-420—9-426, Annotated Code of Maryland Effective date: December 19, 1983 (10:25 Md. R. 2269) Regulation .05L adopted as an emergency provision effective August 17, 1984 (11:18 Md. R. 1582); emergency status expired December 15, 1984; adopted permanently effective December 17, 1984 (11:25 Md. R. 2134) Regulation .05L amended effective July 15, 1985 (12:14 Md. R. 1432) Chapter recodified from COMAR 10.17.12 to COMAR 26.03.09 Regulation .05 amended effective October 6, 2008 (35:20 Md. R. 1776) Regulation .05C amended as an emergency provision effective March 6, 1996 (23:7 Md. R. 550); emergency status expired June 28, 1996; amended permanently effective December 2, 1996 (23:24 Md. R. 1685) Regulation .06 amended effective October 6, 2008 (35:20 Md. R. 1776) In this chapter, the following terms have the meanings indicated. Terms Defined. “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. 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. Financial assistance under this chapter shall be limited to: 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. A project may receive financial assistance under this chapter if: 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. Proposed projects are subject to State Clearinghouse review procedures in accordance with COMAR 16.02.01. Each project which the Department submits to the Board of Public Works for financial assistance approval shall be accompanied by the comments from the Clearinghouse's intergovernmental review process. The award of State financial assistance may not cause project funding to exceed 100 percent of the total project costs. State assistance may not exceed 87-1/2 percent of eligible project costs as described in Regulation .03, of this regulation. For a project undertaken by the Maryland Environmental Service, pursuant to an order by the Secretary, eligible costs shall be as authorized under Natural Resources Article, §3-101(b), Annotated Code of Maryland, as amended. Project costs which are eligible for financial assistance under this chapter may include: 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. Project costs which may not be funded, except as provided for in §C, of this regulation, include: Feasibility studies; Planning; Administrative costs and overhead; or Plans and specifications. Project costs outlined in §B, of this regulation, may be funded if the: 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. The award of a loan or loan guarantee does not eliminate the requirement that the applicant obtain all required permits for a solid waste processing or disposal facility. The applicant shall remain liable for repayment of all applicable loans regardless of whether a permit is issued or the facility becomes operational. Allowances. The additional costs permitted in §C, of this regulation, may not exceed the percent of the total project cost as interpolated from Tables 1 and 2. State participation for these costs shall require a bona fide commitment from the applicant that construction of the proposed project will begin within 2 years. 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. 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: 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. If the project falls within the fundable range of the annual priority list, the Department shall require that the applicant submit a final application which includes: 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: Other sources of funding are either unavailable or insufficient for the proposed project; and Federal grants for the project are not jeopardized by the award of State financial assistance by the Board of Public Works; Certification of the applicant's inability to fund the proposed project; and For applications which include the cost of construction: Copies of pertinent State construction permits; Copies of design plans and specifications; and Studies and reports which demonstrate the engineering feasibility and cost-effectiveness of projects. 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. The Department shall provide adequate notice and opportunity for public comment concerning the annual priority list. The Department may change the ranking of projects as a result of public comment. 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: 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. 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. Scoring System. Scores assigned to each category are as follows: Category I--Public Health and Environmental Impacts (Points Available in Each Sub-Category). Facility described in the application for assistance is: Causing an increase in waters of the State, of at least one order of magnitude in any three key chemical parameters, as specified by the Department; or Not in compliance with 40 CFR §257.3-3, which is incorporated by reference. Maximum points under §F(1) of this regulation ----------------------------------- 100. Facility is not in compliance with at least one of the criteria in 40 CFR 257 (except part 257.3-3), 10 points for each criterion listed there, maximum of ------------ 100. Category II — Problem Prevention (Points Available in Each Sub-Category). Aggregate life of all solid waste disposal facilities within the applicant's jurisdiction is less than 3 years for the principal type of solid waste to be accepted at the The percentage of the jurisdiction's solid waste disposal capacity provided by the facility described in the application for assistance is: 75—100 ---------------------------------------------- 100, 50—74 ----------------------------------------------- 75, Less than 50 ---------------------------------------- 50; The percentage of the jurisdiction's solid waste processing capacity provided by the facility described in the application for assistance is: 75—100 ----------------------------------------------- 75, 50—74 ----------------------------------------------- 50, Less than 50 ---------------------------------------- 25. 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: Development of scope of work ---------------------------- 20; Preparation of plans and specifications ----------------- 20; Certification by applicant that federal, local, and private funding sources have been solicited ------------------- 40; Certification by applicant that equipment has been purchased or reasonable attempts have been made to effect the necessary improvements ------------------------------ 20. 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: Application is for loan guarantee ----------------------- 25. Table 3. Financial Capability. Ordinary operating expenses of local government, for example, salaries, are not eligible for funding under this chapter. The Department annually shall allocate available funds as described below: 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; Not more than 25 percent of the funds not reserved under §A, of this regulation, shall be set aside for grants; and Funds remaining after the reserve fund and grant fund are established shall be used for loans and loan guarantees. 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. The financial agreement required by the Board of Public Works as a condition of financial assistance shall include terms which: 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. Financial agreements may also include special conditions or requirements recommended by the Department and approved by the Board of Public Works. The applicant shall follow local bidding requirements. If local bidding requirements do not exist, bidding procedures satisfactory to the Board of Public Works shall be followed. A governmental entity receiving financial assistance under this chapter may not award a contract on a cost-plus basis. The following conditions apply to loans approved under this chapter: 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. A loan guarantee of the principal of, or interest on, any commercial loan or obligation to finance an eligible project may be made only if the: 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. Financial assistance provided under this chapter may not be applied to projects whose construction was initiated before approval by the Board of Public Works. Chapter 306, Acts of 1982, Laws of Maryland Effective date: August 12, 1985 (12:16 Md. R. 1606) Chapter recodified from COMAR 10.17.14 to CIMAR 26.03.10 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. The regulations establish the Department's policy and procedures for identifying and analyzing environmental impacts of proposed projects. In this chapter, the following terms have the meanings indicated. Terms Defined. “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. This chapter applies to all projects financed, in whole or in part, by the Maryland Water Quality Financing Administration as required by federal law. General. EIDs and environmental assessments or EISs are not required for excluded categories of projects. Categories of Projects Eligible for Exclusion. The following categories of projects are eligible for exclusion: 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. Determination. 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: Reference the preloan application; Include a brief description of the proposed project; and Include a brief statement of how the project meets the criteria for a categorical exclusion. 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. Revocation. The Department shall revoke a categorical exclusion and shall require an environmental review if, subsequent to the granting of an exclusion, the Department determines that: 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. An EID consists of a written analysis prepared by an applicant describing the environmental impacts of a proposed project. An applicant shall prepare an EID on a form supplied by the Department as part of the application for the loan agreement. 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. The EID shall be of sufficient scope to enable the Department to identify and evaluate related environmental impacts of a proposed project. An EID does not have to be prepared for projects when a categorical exclusion is granted. 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. At the conclusion of the environmental review, the Department shall prepare an environmental assessment which is a concise summary of the review. 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. 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. 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: 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. Notification to State and Federal Agencies. The Department shall submit the FNSI 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). Determination of Need for Public Hearing. The Department may schedule a public hearing, to be held jointly by the Department and the applicant, before issuing a FNSI if the: 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. 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. Notification of Public Hearing. If the Department schedules a joint public hearing on the proposed FNSI, the Department will notify the public of the scheduled public hearing by placing a prominent advertisement in at least one newspaper of general circulation in the region affected. The notice shall: Give the date, time, location, and subject of the hearing; and Be published at least 20 days before the scheduled hearing. The Department will respond to comments on the proposed FNSI before issuing the final FNSI. Issuance of Final FNSI. If no information is presented that would affect the issuance of the final FNSI, the Department will issue the final FNSI to the applicant. 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. 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. 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. 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. 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: 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. The applicant shall file a copy of the public notice and a certification of publication with the Department. The Department may schedule a joint public hearing on the draft EIS if the: 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. Notification of Public Hearing. If the Department schedules a joint public hearing on the draft EIS, the applicant shall notify the public of the scheduled public hearing by placing a prominent advertisement in at least one newspaper of general circulation in the region affected. The notice shall: 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. Upon request by the Department, the applicant shall have 10 working days to respond to any comments on the draft EIS. Proposed Final EIS. Not sooner than 5 working days after concluding any public hearing held under the provisions of this regulation, and if no information is presented that would affect the issuance of a proposed final EIS, the Department, in writing, will authorize the applicant to prepare a proposed final EIS. Review of Proposed Final EIS. The Department will make the proposed final EIS available to the public by distribution to a mailing list consisting of persons who submitted comments to or attended any public hearing on the draft EIS, and to public libraries in the area concerned. Final EIS. After a 15-day comment period, the Department will determine to proceed or not to proceed with the project and will issue its record of decision in the final EIS. Mitigation Measures. In the final EIS, the Department shall list any mitigation measures necessary to make the project environmentally acceptable. Mitigation measures shall be included in the loan agreement and may be included in the construction permit or NPDES discharge permit. Cost of EIS. The cost to the applicant of preparing the EIS is eligible to be financed with loans made by the Administration. 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. Environment Article, §§9-204 and 9-1604, Annotated Code of Maryland Effective date: September 18, 1989 (16:18 Md. R. 2025) Regulation .01B amended effective May 5, 1997 (24:9 Md. R. 658) Regulation .02B amended effective May 5, 1997 (24:9 Md. R. 658) Regulation .04B amended effective May 5, 1997 (24:9 Md. R. 658) Regulation .08C, D amended effective May 5, 1997 (24:9 Md. R. 658) 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. In this chapter, the following terms have the meanings indicated. Terms Defined. “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: Minor building connections; The plumbing systems, including pumping stations, inside the buildings served; Septic tanks and their related drain fields and other appurtenances; and Gravity sewers with diameters 15 inches or smaller. “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: Minor building connections; The plumbing systems, including pumping stations, inside the buildings served; Wells; and Water mains with diameters 15 inches or smaller. “Materially alters” means any alteration other than: Normal maintenance and repair; The addition of a minor building connection; or The installation of a meter, valve, or hydrant, and similar minor alterations. “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: Pipe or other channel that runs along a right-of-way area; Pipe or other channel which also serves other buildings; or Pumping station. “Person” includes: Any individual, partnership, firm, association, corporation, or other entity; Any receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind; and The federal government, a state, a local government, or unit of them. “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: A road, street, alley, or other easement or right-of-way area benefitting more than one parcel of land; and An existing or proposed road, street, alley, or other easement or right-of-way area benefitting more than one lot or parcel of land, as shown on a subdivision plat that is recorded in the local land records or as shown on a plat submitted to a governmental entity for review in connection with an intended or planned subdivision. “Sewage” means: Any human excretion or water-carried domestic waste; and A mixture of any human excretion or water-carried domestic waste with any other liquid or water-carried waste, such as manufacturing or industrial waste, street wash, rain water discharged from roofs, lawns, paved areas, etc., and ground garbage. “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. “Unit process” means the equipment and other improvements at a water supply plant or sewage treatment plant used in each distinct step in the process of treating water or sewage. “Unit process” includes: Clarifiers; Activated sludge aeration tanks; Disinfection facilities; Filtration units; Digestors; and Belt filter presses. “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. 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. Construction in Accordance with Permit. Within the State, a person may not: 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. Capacity Development Assessment Program. Before a permit may be issued under Environment Article, §9-204, Annotated Code of Maryland, for new major water supply systems, a permit applicant shall demonstrate to the satisfaction of the Department that it has the technical, financial, and managerial capacity to operate the system as required by COMAR 26.04.01.36. Application Contents. To apply for a permit, an applicant shall submit to the Department an application consisting of all of the following: A completed application form as specified by the Department; 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; 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; If required by the Department, an engineering report prepared in accordance with the requirements of §F of this regulation; Information the Department may require to demonstrate that the requirements of the county water and sewer comprehensive plan and applicable laws are satisfied; and Other information the Department requires, including information required by the Department in COMAR 26.04.01.36. 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. Submission of Plans and Specifications. 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. Size of Plans. Plans may not be greater than 30 × 42 inches or less than 8-1/2 × 11 inches. Number of Plans. 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. Title of Plans. 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. Engineer's Report. 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. 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. 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. Water Supply Plants. 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: Amount listed in §C(2) of this regulation for the design capacity of the particular plant; or Sum of the following: $125 for each unit process that is installed, materially altered, or materially extended, plus $125 for each component, which is not part of a unit process, that is installed, materially altered, or materially extended. 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. Water Distribution Lines. 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: Pumping Stations. 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. 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. 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. Sewage Treatment Plants. 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: Amount listed in §C(2) of this regulation for the design capacity of the particular plant; or Sum of the following: $125 for each unit process that is installed, materially altered, or materially extended, plus $125 for each component, which is not part of a unit process, that is installed, materially altered, or materially extended. 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. Sewage Collection Lines. 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: Pumping Stations. 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. 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. Local Governments. When the applicant is a local government, the application and permit are exempt from the fee that would otherwise be due if: The requirements of §A of this regulation are satisfied; and 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. 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. State and Federal Governments. When the applicant is a state, the federal government, or a unit of them, the application and permit are exempt from the fee that would otherwise be due, provided that the requirements of §A of this regulation are satisfied. Satisfactory Documentation. Before exempting a permit from payment of the fee that otherwise would be due, the Department may require documentation satisfactory to it that the applicable requirements of this regulation are satisfied. 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. 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. Permits expire 3 years after the date of issuance, unless an extension is granted by the Department. 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. The granting of a permit extension is in the discretion of the Department. 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. 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: 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. 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. Environment Article, §§9-204 and 9-510, Annotated Code of Maryland Effective date: January 1, 1992 (18:25 Md. R. 2759) Regulations .02, .05, and .06 amended as an emergency provision effective November 17, 1995 (22:25 Md. R. 1959); amended permanently effective February 26, 1996 (23:4 Md. R. 274) Regulation .03C adopted effective October 4, 1999 (26:20 Md. R. 1548) Regulation .04A amended effective October 4, 1999 (26:20 Md. R. 1548) 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: 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. 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. In this chapter, the following terms have the meanings indicated. Terms Defined. “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: A household septic or any other septic system with average daily flow of 195 gallons per day or less is considered one septic equivalent dwelling unit; or For a larger septic system, septic equivalent dwelling units are determined by the average daily flow of the system divided by 195 gallons per day. Bay Restoration Fund fees deposited into the Wastewater Fund shall be used: 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. Project Prioritization. Before FY 2018, priority for funding shall be: First for ENR upgrades at wastewater treatment plants with a design capacity of 500,000 gallons per day or more that discharge to the Chesapeake Bay; Second for the most cost-effective ENR upgrades at wastewater treatment plants with a design capacity of less than 500,000 gallons per day that discharge to the Chesapeake Bay; Third for ENR upgrades at wastewater treatment plants that discharge into the Atlantic Coastal Bay or other waters of the State; Fourth for future upgrades of wastewater treatment plants to achieve additional nutrient removal or water quality improvements at ENR treatment levels or better; Fifth for combined sewer overflow abatement projects, rehabilitation of existing sewers, and upgrading conveyance systems, including pumping stations. Starting in FY 2018, priority for funding shall be: First for ENR upgrades at wastewater treatment plants with a design capacity of 500,000 gallons per day or more that discharge to the Chesapeake Bay; Second for the most cost-effective ENR upgrades at wastewater treatment plants with a design capacity of less than 500,000 gallons per day that discharge to the Chesapeake Bay, based on their project ranking in accordance with §C of this regulation; Third for ENR upgrades at wastewater treatment plants that discharge into the Atlantic Coastal Bay or other waters of the State, based on their project ranking in accordance with §C of this regulation; Fourth for future upgrades of wastewater facilities to achieve additional nutrient removal or water quality improvements at ENR treatment levels or better, based on their project ranking in accordance with §C of this regulation; Fifth for purchase of nitrogen, phosphorus, and sediment load reductions in accordance with §F of this regulation; Sixth for any of the following types of projects based on their project ranking in accordance with §C of this regulation: Combined sewer overflow abatement, rehabilitation of existing sewers, and upgrading conveyance systems, including pumping stations; Nitrogen reduction of onsite sewage disposal systems in accordance with Regulation .04 of this chapter; Stormwater projects by local governments who have implemented a system of charges; and Stormwater alternative compliance plans. Ranking System. The Department shall request and accept applications for financial assistance annually and prepare a project priority list that ranks individual projects according to the methodology developed by the Department based on the following factors: 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. Funding Allocation. Each fiscal year, the total available grant funds, net of revenue needed for payment of debt service on outstanding bonds, operation and maintenance grants, and allowed operating expenses shall be allocated in priority order to construction ready projects in accordance with §§B and C of this regulation. Enhanced Nutrient Removal Operation and Maintenance Grants. 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: The users of the wastewater treatment plant pay the Bay Restoration Fund fee; The owner shall file an application with the Department on or before January 31 of each year, or by a date specified by the Department; The owner shall demonstrate, by submitting performance data for the prior calendar year, that the plant was operated in a manner that optimized enhanced nutrient removal and used its best efforts to achieve equal to or less than 3 mg/l total nitrogen and equal to or less than 0.3 mg/l total phosphorus in wastewater effluent concentration; The owner shall provide data requested by the Department about the impact that a wastewater treatment plant that was upgraded to ENR has had on growth within the municipality or county that such a wastewater treatment plant is located as required by Environment Article, §9-1605.2, Annotated Code of Maryland. Purchase of Nitrogen, Phosphorus, and Sediment Load Reductions. Nitrogen, phosphorus, or sediment load reductions eligible for purchase shall meet the following criteria: The environmental practices generating the purchased nitrogen, phosphorus, and sediment load reductions shall be located in Maryland; The purchase of nitrogen, phosphorus, and sediment load reductions may not be from the agricultural sector or be permitted from environmental practices implemented on agricultural land as defined in COMAR 15.20.12.02; The load reductions to be purchased pursuant to these regulations shall have been created on or after July 1, 2017; and The load reductions purchased pursuant to these regulations may not be used for any other purpose. Contracts for purchase of load reductions shall meet the following criteria: The contracts executed by the Department for the purchase of nitrogen, phosphorus, and sediment load reductions may not exceed an annual obligation of $4,000,000 in FY 2018, $6,000,000 in FY 2019, $10,000,000 in FY 2020 and $10,000,000 in FY 2021, and may not exceed a cumulative expenditure of $30,000,000 over the term of the contracts; The term of the contracts for the annual purchase of nitrogen, phosphorus, and sediment load reductions may not exceed the useful life of the environmental practice as determined by the Department; The Department may not sign any new contracts for the annual purchase of nitrogen, phosphorus, and sediment load reductions after June 30, 2021; and Payment provisions will be defined in each purchasing contract and shall require documentation submitted by the seller reporting the nitrogen, phosphorus, or sediment load reduction resulting from a completed environmental practice. 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: The baseline for wastewater treatment plants that received a grant from the Bay Restoration Fund for ENR upgrade shall be the lesser of: The annual load calculated based on a nitrogen concentration of 3.0 mg/l for nitrogen or a phosphorus concentration of 0.3 mg/l for phosphorus; or The annual load for nitrogen or phosphorus, whichever is applicable, reported for the wastewater treatment plant for calendar year 2016; The baseline for wastewater treatment plants that did not receive a grant from the Bay Restoration Fund shall be the lesser of: The annual load calculated based on a nitrogen concentration of 18 mg/l for the nitrogen or a phosphorus concentration of 2 mg/l for the phosphorus, and the baselines may not to exceed the waste load allocation or concentrations assigned to the wastewater treatment plant by the discharge permit; or The annual load for nitrogen or phosphorus, whichever is applicable, reported for the wastewater treatment plant for calendar year prior to a proposal submitted in response to a Request for Proposals issued by the Department pursuant to these regulations, and the baseline may not to exceed the waste load allocation or concentrations assigned to the wastewater treatment plant by the discharge permit; The baseline per septic equivalent dwelling unit for nitrogen loading for a septic system that is connected to wastewater treatment plant on or after July 1, 2017, and did not receive State or federal financial assistance for the connection shall be: For a septic system that has not been upgraded with the best available technology, 18.56 lbs/year for a system located within the critical areas, 11.60 lbs/year for a system located within 1,000 feet of surface water, and 6.96 lbs/year for all other system locations; and For a septic system that has been upgraded with the best available technology, 9.28 lbs/year for a system located within the critical areas, 5.80 lbs/year for a system located within 1,000 feet of surface water, and 3.48 lbs/year for all other system locations; The baseline for a permittee implementing stormwater best management practices and non-agricultural nonpoint source practices for nitrogen, phosphorus, or sediment reduction shall be the load reduction achieved after subtracting the load reductions the permittee is required to make under its municipal separate storm sewer system permit; or The baseline for a person not regulated under municipal separate storm sewer system permit or property owner implementing stormwater best management practices or any other permissible nonpoint source practices for nitrogen, phosphorus, or sediment reduction shall be the existing conditions of the date a proposal is submitted for the purchase of a load reduction pursuant to these regulations, as determined by the Department consistent with appropriate assumptions and provisions of the Chesapeake Bay TMDL and the Chesapeake Bay Watershed Model, or other Chesapeake Bay Program models, provided that the reduction is not used by a regulated entity to meet the reductions required under its municipal separate storm sewer system permit. 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: For a wastewater treatment plant, the load reduction is the annual loading identified in the monthly discharge monitoring reports submitted to the Department by the permittee as required under the national pollution discharge elimination system permit or groundwater discharge permit, subtracted from the baseline loading; For septic system connections to wastewater treatment plants, the nitrogen reduction from each septic system is the average flow of 250 gallons per day per connected septic equivalent dwelling unit multiplied by the annual average nitrogen concentration at the wastewater treatment plant servicing the connections for the calendar year preceding the connection, subtracted from the baseline loading; For a septic system connection to wastewater treatment plants, the phosphorus reduction is zero lbs/year; or For stormwater best management practices and non-agricultural non-point source practices, the load reduction is the loads generated after the implementation of the best management practice as determined by the Department consistent with appropriate assumptions and provisions of the Chesapeake Bay TMDL and the Chesapeake Bay Watershed Model, or other Chesapeake Bay Program models subtracted from the baseline loading. 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: Cost — Lowest annual cost per pound for nitrogen and phosphorus load reduction, and lowest cost/ton for sediment load reduction with the cost of reduction for each pollutant evaluated and compared independently; Materiality — Annual load reduction of at least 500 lbs of nitrogen or 100 lbs of phosphorus or 30 tons of sediment; Sustainability — The environment practice is innovative and is able to produce nitrogen, phosphorus, or sediment load reductions, or combinations thereof, for extended periods of time or provide additional environmental benefits; and Additional benefits — The environmental practice provides additional benefits to water quality, habitat, watershed function, or social/community enhancement beyond nitrogen, phosphorus, and sediment reduction. 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. Bay Restoration Fund fees deposited into the Onsite Sewage Disposal System Fund shall be used: To provide grants or loans up to 100 percent for: The cost to upgrade an existing onsite sewage disposal system with the best available technology for the removal of nitrogen; The cost difference between a conventional onsite sewage disposal system and an onsite sewage disposal system that utilizes the best available technology for the removal of nitrogen; The cost of replacing multiple onsite sewage disposal systems located in the same community with a new community sewerage system that is owned by a local government and that meets enhanced nutrient removal standards, and the cost may not exceed the sum of the cost difference between conventional onsite sewage disposal systems and new onsite sewage disposal systems that use the best available technology for removing nitrogen; and The cost of connecting a property using an onsite sewage disposal systems to an existing wastewater treatment plant that meets either enhanced nutrient removal or biological nutrient removal standards. This cost may not exceed the sum of the cost of onsite sewage disposal systems that include best available technology for removing nitrogen. This cost may include payment of principal, but not interest, of debt issued by a local government for such connection. 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. Project Prioritization. Funding shall be based on the following order of priority: 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. Grant Awards. The Department shall request and accept applications for financial assistance annually and shall award grants based on the following factors: 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. Income Based Grant Eligibility. 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: Up to 100 percent of the approved cost for annual household income of $300,000 or less; Up to 50 percent of the approved cost for annual household income above $300,000. 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. Procedures for Review, Public Notice and Public Hearing for Projects Not Located in the Priority Funding Area. Departmental Review. The applicant shall submit a complete application to include the following: Information about the public health issues that the project addresses including a description of the current condition of the onsite sewage disposal system based on factors such as type of soil, lot size, water table, bacteria samples, and dye tests; The anticipated mitigation that the project will provide to the identified public health issues; Information regarding any potential new development resulting from the project; Measures to be taken to mitigate the potential impacts of new growth resulting from the project; Evidence that demonstrates the total net nitrogen reduction resulting from the project as well as any additional nitrogen loading that may result from potential new growth, including: Methods used to calculate the total nitrogen reductions and additional nitrogen loading; and Assumptions relied upon to calculate the total nitrogen reductions and additional nitrogen loading; and Language amending the Water and Sewer Plan in draft or final form to identify the problem area and provide proof of available sewer service capacity, including identity of all necessary service agreements, proposed service area boundary changes, and any text and data changes needed to document new sewerage services. 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: Provide a 30-day public notice on its website homepage summarizing: The public health issues being addressed by the project; New in-fill growth resulting from the project; Mitigation measures to lessen the impact of new growth that could result from the project; Net nitrogen reductions resulting from the project that shall consider the impact of additional nitrogen loading from potential new growth; and A deadline for receiving written comments; Provide a copy of the public notice to any interested party that has requested such notice; and Provide an opportunity for a public hearing, if requested within 30 days of the public notice. If a public hearing is held regarding an application: The applicant shall attend the hearing and present information concerning the application; Written comments shall be accepted if they are received by the Department on or before the deadline specified by the Department; and Oral comments may be made at the public hearing. Determination of Preliminary Approval. The Department shall, in coordination with the Maryland Department of Planning, make its determination of preliminary approval: Based on the information received with the application, along with any written comments received or any oral public comments received at the hearing that raise issues of law or material facts regarding an application for funding, but only if the issues are pertinent to purposes of the onsite sewage disposal system fund; or If no public hearing is requested, based on the information received with the application and from written comments that raise issues of law or material facts regarding an application for funding, but only if the issues are pertinent to purposes of the onsite sewage disposal system fund. 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: A denial of access for any future connections not included in the project’s proposed service area; Limits on potential new developments that could result from the project; A requirement to amend the county water and sewer plan; Provisions to ensure that the funding for the project will not unduly impede access to funding for upgrading other individual onsite sewage disposal systems within the jurisdiction; and A certification from the county’s environmental health director that the project is consistent with a public health area of concern and shall be subsequently added to the county’s water and sewer plan. Environment Article, §9-1605.2, Annotated Code of Maryland;Chs. 80 and 379, Acts of 2014; Chs. 124 and 153, Acts of 2015 Effective date: February 3, 2014 (40:2 Md. R. 92) Regulation .01A amended effective June 23, 2014 (41:12 Md. R. 669) Regulation .02B amended effective April 9, 2018 (45:7 Md. R. 346); June 18, 2018 (45:12 Md. R. 619) Regulation .03 amended effective June 23, 2014 (41:12 Md. R. 669); March 28, 2016 (43:6 Md. R. 412) Regulation .03A amended effective June 18, 2018 (45:12 Md. R. 619) Regulation .03A, B amended effective April 9, 2018 (45:7 Md. R. 346) Regulation .03E amended effective May 17, 2021 (48:10 Md. R. 401) Regulation .03F adopted effective April 9, 2018 (45:7 Md. R. 346) Regulation .04A amended effective January 23, 2015 (42:1 Md. R. 19) Regulation .04A, C amended effective June 23, 2014 (41:12 Md. R. 669) Regulation .04D adopted effective January 23, 2015 (42:1 Md. R. 19) Regulation .04D amended effective April 8, 2019 (46:7 Md. R. 371)