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26.03.09.00.htm 26.03.09.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 03 WATER SUPPLY, SEWERAGE, SOLID WASTE, AND POLLUTION CONTROL PLANNING AND FUNDING Chapter 09 Water Supply Construction Financial Assistance Regulations Authority: Environment Article, §9-404 and 9-420―9-426, Annotated Code of Maryland
26.03.09.01.htm 26.03.09.01. 01 Scope.. 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.
26.03.09.02.htm 26.03.09.02. 02 Definitions.. A. "Applicant" means any State or local governmental entity.. B. "Construction" means the physical installation of any new water supply facility, or the upgrading or rehabilitation of any existing water supply facility.C. "Department" means the Department of the Environment.. D. "Financial assistance" means State grants, loans, or loan guarantees.. E. "Local governmental entity" includes a county, municipality, sanitary commission, and local or re
26.03.09.03.htm 26.03.09.03. 03 General Provisions.. A. 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.B. Financial assistance is limited to State and local governmental entities. Eligible project costs are determined by the Dep
26.03.09.04.htm 26.03.09.04. 04 Application Requirements.. A. An applicant shall submit a pre-application which includes sufficient information for the Department to determine:1) Project eligibility;. 2) Priority ranking;. 3) The extent to which funds will be available to support projects on the annual priority list.. B. 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 p
26.03.09.05.htm 26.03.09.05. 05 Project Eligibility.. A. The award of financial assistance may not cause a project to be funded at a level exceeding 100 percent of the total project costs.B. 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 a
26.03.09.06.htm 26.03.09.06. 06 Priority System.. A. The Department shall annually rank applications for grant and loan assistance.. B. 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.C. Following the public hearing, the Department may change the rankings of projects based on public input.D. Projects Not on Annual Priority List. The Board of Public Works may award financial assistance fo
26.03.09.07.htm 26.03.09.07. 07 Special Requirements.. A. 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.B. Financial assistance provided under this chapter may not be applied to projects whose construction was initiated before approval by the Board of Public Works.C. State Loans.. 1) Loans for water supply facility projects shall bear the same rate of interest as the bonds from w
26.03.09.08.htm 26.03.09.08. 08 Financial Agreement.. A. Terms of Financial Agreement. The financial agreement required by the Board of Public Works as a condition of financial assistance shall include terms which:1) Provide salvage rights by the State upon default of the applicant;. 2) Require that the applicant maintain adequate accounting records and submit monthly accounting reports to the Department;3) Describe the grant, loan, or loan guarantee payment and repayment schedules;. 4) Provide that a project
26.03.09.9999.htm 26.03.09.9999. Administrative History 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).
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