Chapter 04. Distribution of Funds for Sanitary Sewerage Facilities to Abate Health Hazards
Regulation .01 Scope.LinkCopy Citation
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.
Regulation .02 Definitions.LinkCopy Citation
A.
“Applicant” means any bona fide governmental agency or incorporated nonprofit organization or association responsible for construction of sewerage facilities.
B.
“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.
C.
“Extension” means adding sewage collecting facilities and equipment to an existing system.
D.
“Improvement” means the installation of adequate means for collecting and treating sewage to abate or prevent public health hazards.
E.
“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.
F.
“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.
G.
“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.
Regulation .03 General Provisions.LinkCopy Citation
A.
These regulations apply to projects which are eligible for State grants under section 5.2(a) of the “Water Quality Loan of 1973”.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Any project on which a State grant is requested shall comply with all applicable federal and State requirements.
G.
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.
H.
More than $2,500,000 may not be granted for projects in any one political subdivision.
Regulation .04 Application Requirements.LinkCopy Citation
Applications shall be made in letter and report form to the Water Management Administration of the Department of the Environment. The application shall include:
A.
A statement that federal funds are not available or are insufficient for the construction work, and what sources of funds were investigated;
B.
A detailed narrative of the need for the project, including a discussion of alternative solutions investigated, if any, and why the proposed solution was selected;
C.
Evidence from the deputy state health officer for the county in which the proposed construction will be situated of the public health need;
D.
Fiscal information submitted in a manner prescribed by the Secretary of the Environment, including the following:
(1)
A schedule of construction costs;
(2)
Estimated user charges including amortization of capital and financing costs;
(3)
A brief explanation of the need for State grant funds to assist in financing the project;
E.
Preliminary plan of sewers needed with houses and buildings shown and maps delineating the service area of the project, identifying:
(1)
The health hazard areas;
(2)
Undeveloped areas;
(3)
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;
F.
Population to be served and anticipated sewage flow;
G.
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;
H.
Total assessed value of properties to be served;
I.
Any other data deemed of value for evaluation of the need for State grant funds;
J.
Priority list of projects where two or more projects are involved.
Regulation .05 Review and Evaluation.LinkCopy Citation
A.
Applications for grants under section 5.2(a) of Chapter 55 shall be reviewed by the Water Management Administration. The review shall include the following:
(1)
An evaluation to determine that:
(a)
The project is ineligible for a federal grant; or
(b)
A timely and sufficient federal grant is not available.
(2)
The Secretary shall submit a copy of the grant application and supporting material to the A-95 clearinghouse for review and comment.
(3)
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.
(4)
A recommendation to the Secretary of the Environment which shall indicate a course of action to be taken.
B.
The Secretary shall:
(1)
Approve the application and send a letter of recommendation to the Board of Public Works for approval of State grant funds for the project;
(2)
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
(3)
Cause the return of the application with a request for additional information required by him.
C.
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.
Regulation .06 Severability.LinkCopy Citation
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.
Chapter annotations
Authority: Environment Article, §9-218, Annotated Code of Maryland
History: Effective date: July 10, 1974 (1:10 Md. R. 73)
History: Chapter recodified from COMAR 10.17.09 to COMAR 26.03.04