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15.01.05.00.htm 15.01.05.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 01 OFFICE OF THE SECRETARY Chapter 05 Cost Sharing ― Water Pollution Control Program Authority: Agriculture Article, §2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland; Ch. 306, Acts of 1982 (Uncodified)
15.01.05.01.htm 15.01.05.01. 01 General.. This chapter explains the State's cost sharing program to assist eligible applicants in implementing certain agricultural practices which will lessen water pollution caused by nutrients, sediment, animal wastes, or agricultural chemicals. Under this program, grants are made to farmers for the primary purpose of conserving soil and water resources and for protecting or restoring the environment for the public benefit.
15.01.05.02.htm 15.01.05.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Best management practice" means a conservation or pollution control practice that manages soil loss due to farming practices or manages animal wastes or agricultural chemicals so as to minimize movement into the surface waters of the State.2) "County Soil Survey" means a report developed by the United States Department of Agriculture, Natural Resource Conservatio
15.01.05.03.htm 15.01.05.03. 03 Program Eligibility ― Priority and Geographic Areas for Water Pollution Control.. A. A person who operates a farm in a priority area as designated in this regulation is eligible to apply for financial assistance for one or more projects under the State's cost share program for water pollution control.B. The following geographic areas within this State are identified by watershed name and watershed segment number because they are likely to contain priority areas for water p
15.01.05.04.htm 15.01.05.04. 04 Application Procedures.. A. A person may apply for cost sharing funds for a project on a Departmental request form provided by each local district.B. Upon request by the applicant, the district shall complete a project technical determination form which shall include an approximate project cost figure. For projects other than nutrient management plans, the district shall recommend whether a critical condition exists on a farm. Cost figures for nutrient management plan
15.01.05.05.htm 15.01.05.05. 05 Application Review and Approval.. A. The Department To Approve or Disapprove an Application.. 1) If the Department approves a project, it shall base the amount of State cost sharing on:. a) The existence of a critical condition;. b) Water quality improvements to be achieved, with consideration given to the cumulative effect of other projects on the same body of water;c) The estimated reduction of soil loss;. d) The estimated reduction of pollution from animal waste;.
15.01.05.06.htm 15.01.05.06. 06 Technical Assistance by the District.. Upon application approval and notice by the Department, the applicant shall request the district to prepare or approve all design, construction, maintenance, or other plans for the project. The district shall provide any necessary layout and construction supervision. The district shall prepare a technical report along with its final estimate of project cost and send it to the applicant and to the Department.
15.01.05.07.htm 15.01.05.07. 07 Cost Sharing Agreement.. A. After a technical report of the project has been submitted to the Department by the district, the Department, with the approval of the Board of Public Works (when proceeds of State bonds are used to finance the State share) the district and the applicant shall execute an agreement. The agreement, among other things, shall obligate the applicant to:1) Establish, construct, or install one or more best management practices in accordance with distric
15.01.05.08.htm 15.01.05.08. 08 Project Establishment.. A. After all parties execute a cost sharing agreement, and upon notice to the local district by the applicant, an applicant shall begin the approved project.B. The applicant shall be responsible for all steps in completing the project, including, but not limited to, obtaining any necessary permits and the services of contractors, or obtaining any necessary materials or equipment to complete project construction.C. The applicant shall pr
15.01.05.09.htm 15.01.05.09. 09 Project Supervision.. A. A district shall periodically inspect the construction or installation of any project to ensure that it complies with district technical specifications.B. An applicant shall agree to allow district, Department, and U.S. Department of Agriculture―Natural Resource Conservation Service representatives reasonable access to the project site for the purpose of site inspection and for reviewing the applicant's project records.C. In order to verify imp
15.01.05.10.htm 15.01.05.10. 10 Distribution of Cost Sharing Funds.. A. A person who executes a cost sharing agreement shall do all of the following before making a claim for payment to the Department:1) A person shall document all eligible costs on an itemized statement and submit it to the district for approval. Each itemized cost shall be supported by payment receipts or unpaid invoices from vendors. Each receipt shall be signed by the person who executes a cost share agreement and certified t
15.01.05.11.htm 15.01.05.11. 11 Project Monitoring.. A. After the Department has distributed cost sharing funds, the district or the Department shall monitor projects to see if they are maintained in accordance with the agreement. Any violations shall be reported by the district to the Department.B. The district shall maintain a complete record of technical assistance provided to persons under the cost sharing program. These records will be available to the Department upon request.
15.01.05.12.htm 15.01.05.12. 12 Failure to Establish or Maintain Best Management Practices.. If a person fails to establish, install, construct, or maintain a best management practice in accordance with any agreement executed with the Department, that person shall be liable for the full amount of State cost sharing funds paid for any practice that was not implemented or maintained. However, a person is not liable for inadequate maintenance or destruction of a best management practice if c
15.01.05.9999.htm 15.01.05.9999. Administrative History Effective date: June 6, 1983 (10:11 Md. R. 978). Regulation .02B amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145) amended permanently effective February 5, 2001 (28:2 Md. R. 100)Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1615). Regulation .02M adopted and .03B, C amended as an emergency provision effective January 29, 1986 (13:4 Md. R. 393) emergency status expired May 15, 1986; adopted permanently e
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