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26.03.06.00.htm 26.03.06.00. 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, ยง9-345 and 9-350, Annotated Code of Maryland
26.03.06.01.htm 26.03.06.01. 01 General.. 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.
26.03.06.02.htm 26.03.06.02. 02 Definitions.. 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.
26.03.06.03.htm 26.03.06.03. 03 General Provisions.. 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.
26.03.06.04.htm 26.03.06.04. 04 Applicant Eligibility.. 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, commerc
26.03.06.05.htm 26.03.06.05. 05 Selection Criteria and Priority System Establishment.. 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;.
26.03.06.06.htm 26.03.06.06. 06 Preapplication Procedures.. 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;.
26.03.06.07.htm 26.03.06.07. 07 Application Procedures.. 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 proje
26.03.06.08.htm 26.03.06.08. 08 Technical Design Review.. 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.
26.03.06.09.htm 26.03.06.09. 09 Cost-Sharing Agreement.. 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 t
26.03.06.10.htm 26.03.06.10. 10 Project Execution.. 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 approv
26.03.06.11.htm 26.03.06.11. 11 Distribution of Stormwater Management Cost-Sharing Funds.. 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.
26.03.06.12.htm 26.03.06.12. 12 Project Inspection.. 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.
26.03.06.13.htm 26.03.06.13. 13 Failure to Establish or Maintain Stormwater Management Cost-Sharing Projects.. 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
26.03.06.9999.htm 26.03.06.9999. Administrative History 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).
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