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26.03.10.00.htm 26.03.10.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 03 WATER SUPPLY, SEWERAGE, SOLID WASTE, AND POLLUTION CONTROL PLANNING AND FUNDING Chapter 10 Financial Assistance for the Construction of Solid Waste Processing and Disposal Facilities Authority: Chapter 306, Acts of 1982, Laws of Maryland
26.03.10.01.htm 26.03.10.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Applicant" means a State or local governmental entity requesting financial assistance under this chapter.2) "Construction" means either physically installing a new solid waste processing or disposal facility, or rehabilitating or improving an existing facility.3) "Department" means the Maryland Department of the Environment.. 4) "Financial assistance"
26.03.10.02.htm 26.03.10.02. 02 General Provisions.. A. Funds available under this program are intended to be used as a last resort measure to assist regional and local governmental entities in solving solid waste disposal or processing 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 under this chapter shall be limited to:.
26.03.10.03.htm 26.03.10.03. 03 Project Eligibility.. A. Project costs which are eligible for financial assistance under this chapter may include:. 1) The acquisition of new facilities;. 2) The construction of new facilities;. 3) Additions to, or modifications of, existing facilities;. 4) Equipment purchases; and. 5) Lands, easements, and rights-of-way.. B. Project costs which may not be funded, except as provided for in §C, of this regulation, include:. 1) Feasibility studies;. 2) Planning;.
26.03.10.04.htm 26.03.10.04. 04Applications for Assistance.. A. Applications for assistance under this chapter shall consist of two parts, the preliminary application and the final application. They shall include documentation of need and such other information as may be required by the Department.B. The preliminary application shall be submitted to the Department (who shall submit it to the State Clearinghouse) and shall include sufficient information for the Department to determine the following:
26.03.10.05.htm 26.03.10.05. 05 Priority List and Ranking System.. A. The Department, once a year, shall rank separately applications for grants, loans, and loan guarantees. The Department shall consider the comments and recommendations provided by the State Clearinghouse's intergovernmental review in the ranking process.B. The Department shall provide adequate notice and opportunity for public comment concerning the anC. The Department may change the ranking of projects as a result of public comment..
26.03.10.06.htm 26.03.10.06. 06 Allocation of Funds.. The Department annually shall allocate available funds as described below:. A. Up to 10 percent of the funds shall be placed in a reserve fund for emergency projects and for grant amendments and loan or loan guarantee increases necessitated by change orders and cost overruns;B. Not more than 25 percent of the funds not reserved under §A, of this regulation, shall be set aside for grants; andC. Funds remaining after the reserve fund and gran
26.03.10.07.htm 26.03.10.07. 07 Financial Agreement.. A. Approval by the Board of Public Works of financial assistance shall be conditioned upon the execution of a suitable financial agreement between the State and the applicant.B. The financial agreement required by the Board of Public Works as a a condition of financial assistance shall include terms which:1) Provide salvage rights by the State upon default of the applicant;. 2) Require the applicant to maintain accounting records and submit monthly
26.03.10.08.htm 26.03.10.08. 08 Special Requirements.. A. A governmental entity receiving financial assistance under this chapter may not award a contract on a cost-plus basis.B. The following conditions apply to loans approved under this chapter:. 1) Loans shall bear the same rate of interest as the bonds from which the proceeds are used to provide the loan. Costs associated with the sale of bonds may be included in the repayment schedule as required by the Board of Public Works;2) The loan shall be repa
26.03.10.9999.htm 26.03.10.9999. Administrative History Effective date: August 12, 1985 (12:16 Md. R. 1606). Chapter recodified from COMAR 10.17.14 to CIMAR 26.03.10.
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