# COMAR Title 26 — Department of the Environment

## Subtitle 03 — Water Supply, Sewerage, Solid Waste, and Pollution Control Planning and Funding

### Chapter 06 — Stormwater Pollution Control Cost-Share Program

**Authority:** Environment Article, §§9-345 and 9-350, Annotated Code of Maryland

**Administrative History:** Effective date: April 8, 1985 (12:7 Md. R. 707)

**Administrative History:** Chapter recodified from COMAR 10.50.05 to COMAR 26.03.06

**Administrative History:** Regulation .02B amended effective November 20, 1994 (21:23 Md. R. 1937)

**Administrative History:** Regulation .05B amended effective November 20, 1994 (21:23 Md. R. 1937)

#### Regulation .01 General.

*COMAR 26.03.06.01*

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.

#### Regulation .02 Definitions.

*COMAR 26.03.06.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

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

  (2) “Applicant” means a county or incorporated municipality.

  (3) “Department” means the Department of the Environment.

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

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

  (6) Project.

    (a) “Project” means a structural or nonstructural measure or a combination of measures which work as a unit to reduce water pollution from stormwater runoff on one or more properties.

    (b) “Project” includes feasibility studies and the design and monitoring of a structural or nonstructural measure or measures to reduce stormwater pollution.

  (7) “Secretary” means the Secretary of the Environment.

#### Regulation .03 General Provisions.

*COMAR 26.03.06.03*

A. A grant awarded under this regulation may not exceed:

  (1) Seventy-five percent of the total project cost; and

  (2) $500,000.

B. A grant may be used for construction on privately-owned property if:

  (1) Necessary for the purpose of the project; and

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

C. The proposed grant and the related project shall be subject to State Clearinghouse review procedures.

#### Regulation .04 Applicant Eligibility.

*COMAR 26.03.06.04*

An applicant is eligible to apply for financial assistance for one or more projects if the following conditions are fulfilled:

A. The applicant shall be a county or an incorporated municipality in Maryland;

B. The applicant shall submit evidence which demonstrates that the project will:

  (1) Provide pollutant reduction benefits for the stormwater which it handles,

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

#### Regulation .05 Selection Criteria and Priority System Establishment.

*COMAR 26.03.06.05*

A. The Department shall establish and maintain a stormwater pollution control project priority list.

B. The selection criteria for grant awards shall provide the basis for developing the project priority list. These criteria shall include:

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

  (2) Previous efforts expended to correct any existing stormwater problem;

  (3) The level of pollution control provided by a proposed project;

  (4) Over-all project cost;

  (5) The applicant's ability and commitment to:

    (a) Inspect and review construction performance,

    (b) Provide the 25 percent match through funds or in-kind services and fulfill all grant conditions,

    (c) Assure accountability for all funds awarded;

  (6) Innovative or alternative nature of the project;

  (7) Public visibility of the completed project.

#### Regulation .06 Preapplication Procedures.

*COMAR 26.03.06.06*

A. The applicant shall complete a preapplication form supplied by the Department which shall include:

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

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

  (3) Approximate cost, based on accepted engineering judgment;

  (4) Approximate project implementation schedule;

  (5) Location of any water supply in immediate vicinity;

  (6) Adjacent watercourse and structures.

B. The applicant shall forward the preauthorization form to the Department within 60 days of the adoption of this regulation.

C. 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.

D. Departmental approval of the preapplication form assures placement on the priority list, although not necessarily within the fundable range.

E. If the preapplication is approved, the applicant will be notified of the project's position on the priority list and the availability of funding.

#### Regulation .07 Application Procedures.

*COMAR 26.03.06.07*

Upon receiving written notice by the Department as to the availability of funding for a particular project, the applicant shall submit within 30 days an application which includes:

A. A final schedule for the completion of the project which sets out significant milestones and the dates for the preparation of design plans and specifications;

B. All design, construction, maintenance, and other plans, and the final cost estimates of the project in accordance with the final schedule.

#### Regulation .08 Technical Design Review.

*COMAR 26.03.06.08*

A. The Department, upon receipt of the application, shall prepare a technical project review.

B. The Department shall submit copies of the technical project review to the State Clearinghouse.

C. The applicant, upon receipt of the technical project review comments and State Clearinghouse recommendations, shall respond to all comments and recommendations.

#### Regulation .09 Cost-Sharing Agreement.

*COMAR 26.03.06.09*

A. The project summary report of each approved project will be prepared by the Department and submitted to the Board of Public Works. Upon approval by the Board of Public Works, the Department shall execute an agreement with the applicant. The agreement shall require the applicant to do the following:

  (1) Establish, construct, or install the stormwater pollution control practices in accordance with the technical design standards and plans submitted to and approved by the Department;

  (2) Secure all necessary local, State, or federal permits;

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

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

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

B. 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.

#### Regulation .10 Project Execution.

*COMAR 26.03.06.10*

A. After all parties execute the cost-share agreement, the applicant shall begin the approved project.

B. The applicant shall submit monthly progress reports to the Department. Failure to adhere to the approved project schedule may result in the withdrawal of cost-share funds by the Department.

C. The Department may inspect the construction or installation of a project to ensure that it complies with the technical design specifications approved by the Department.

D. The applicant shall agree to:

  (1) Permit the inspection of the construction site; and

  (2) Assist State employees in making inspections.

#### Regulation .11 Distribution of Stormwater Management Cost-Sharing Funds.

*COMAR 26.03.06.11*

A. Payment may be made in total or incrementally at the discretion of the Department. The nature of payment will be specified in the executed cost-share agreement.

B. The Department shall authorize payment to reimburse the applicant if it has determined that all of the following conditions have been met:

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

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

  (3) The applicant signs each receipt and certifies that the invoice is true and correct to the best of his knowledge. Each receipt for payment or invoice shall show:

    (a) Vendor names;

    (b) Type of material, labor, or equipment supplied; and

    (c) The unit cost paid for each item, the total number of units, and the total amount paid to each vendor.

  (4) The total amount of any claim for payment shall be shown clearly on a separate line on the face of the receipt. Items which were not used on the approved project shall be noted and the total adjusted on any receipt or invoice submitted to the Department.

  (5) The Department had determined that the project has been installed or initiated, whichever applies under the terms of the cost-share agreement, or in the case of equipment, structures, or similar items, that it has been received and properly installed by the applicant.

C. 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.

D. The applicant agrees not to authorize any significant extra work order or change order without the approval of the Department.

E. 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.

#### Regulation .12 Project Inspection.

*COMAR 26.03.06.12*

A. After the Department has distributed the grant funds for a project, the Department shall periodically inspect the project to ensure proper maintenance in conformance with the grant agreement.

B. The applicant shall maintain a complete record of the maintenance inspections and overall performance of the project in accordance with procedures set forth in COMAR 26.09.02. The records will be available to the Department upon request.

#### Regulation .13 Failure to Establish or Maintain Stormwater Management Cost-Sharing Projects.

*COMAR 26.03.06.13*

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.