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26.03.11.00.htm 26.03.11.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 03 WATER SUPPLY, SEWERAGE, SOLID WASTE, AND POLLUTION CONTROL PLANNING AND FUNDING Chapter 11 Environmental Review Procedures for Facilities Receiving Financial Assistance from the Maryland Water Quality Financing Administration Authority: Environment Article, §9-204 and 9-1604, Annotated Code of Maryland
26.03.11.01.htm 26.03.11.01. 01 Purpose and Policy.. A. This chapter specifies the procedures for the review of projects funded through the Maryland Water Quality Financing Administration for impacts on the human and natural environment.B. The regulations establish the Department's policy and procedures for identifying and analyzing environmental impacts of proposed projects.
26.03.11.02.htm 26.03.11.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Applicant" means a local government as defined in Environment Article, §9-1601, Annotated Code of Maryland, or other person that desires to construct a project, and that has applied for a loan pursuant to Environment Article, Title 9, Subtitle 16, Annotated Code of Maryland.2) "Categorical exclusion" is a determination by the Department of categories of projects that do no
26.03.11.03.htm 26.03.11.03. 03 Applicability.. This chapter applies to all projects financed, in whole or in part, by the Maryland Water Quality Financing Administration as required by federal law.
26.03.11.04.htm 26.03.11.04. 04 Categorical Exclusions.. A. General. EIDs and environmental assessments or EISs are not required for excluded categories of projects.B. Categories of Projects Eligible for Exclusion. The following categories of projects are eligible for exclusion:1) Minor rehabilitation of existing facilities;. 2) Functional replacement of equipment or structures, or both;. 3) New ancillary facilities that do not increase the capacity of the existing facility;.
26.03.11.05.htm 26.03.11.05. 05 Environmental Information Documents.. A. An EID consists of a written analysis prepared by an applicant describing the environmental impacts of a proposed project.B. An applicant shall prepare an EID on a form supplied by the Department as part of the application for the loan agreement.C. The EID shall be prepared as early in the application process as possible so that the Department can conduct its environmental review as early as possible.D. The EID shall be of su
26.03.11.06.htm 26.03.11.06. 06 Environmental Review.. An environmental review consists of a study of a project to identify and evaluate the related environmental impacts. The process shall include a review of the EID to determine whether any significant impacts are anticipated and whether any changes can be made in the project to eliminate or mitigate significant adverse impacts. The Department has overall responsibility for this review, although applicants will contribute to the review through subm
26.03.11.07.htm 26.03.11.07. 07 Environmental Assessments.. At the conclusion of the environmental review, the Department shall prepare an environmental assessment which is a concise summary of the review.
26.03.11.08.htm 26.03.11.08. 08 Finding of No Significant Impact.. A. Determination. If the Department determines, at the conclusion of the environmental review, that no significant environmental impacts are anticipated, or when the project design and scope is altered or other measures are taken to eliminate or mitigate any significant environmental impacts, the Department shall issue a proposed FNSI to the applicant. The environmental assessment prepared by the Department shall be inclu
26.03.11.09.htm 26.03.11.09. 09 Environmental Impact Statement.. A. Criteria for Initiating Environmental Impact Statements. If the Department determines, after the environmental review, that significant environmental impacts may occur and cannot adequately be mitigated or that any of the conditions set forth in 40 CFR §6.108(a)g) and 6.509 exist, the applicant shall prepare a draft EIS and shall submit it to the Department for preliminary approval.B. Content of Environmental Impact Statements. Pre
26.03.11.10.htm 26.03.11.10. 10 Reaffirmation.. If 5 or more years has lapsed since a previously determined categorical exclusion, FNSI, or EIS, the Department may determine to reaffirm or modify the decision contained in a previously issued categorical exclusion, FNSI, or EIS, following the Department's environmental reevaluation of the proposed project. The Department's decision to reaffirm a categorical exclusion, FNSI, or EIS more than 5 years old shall follow the public review procedures
26.03.11.9999.htm 26.03.11.9999. Administrative History Effective date: September 18, 1989 (16:18 Md. R. 2025). Regulation .01B amended effective May 5, 1997 (24:9 Md. R. 658). Regulation .02B amended effective May 5, 1997 (24:9 Md. R. 658). Regulation .04B amended effective May 5, 1997 (24:9 Md. R. 658). Regulation .08C, D amended effective May 5, 1997 (24:9 Md. R. 658).
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