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26.10.12.00.htm 26.10.12.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 10 OIL POLLUTION AND TANK MANAGEMENT Chapter 12 Underground Storage Tank Upgrade and Replacement Fund Loan Program Authority: Environment Article, Title 4, Subtitle 6, Annotated Code of Maryland
26.10.12.01.htm 26.10.12.01. 01 Purpose.. These regulations prescribe the policies, procedures, and authorizations for loans made before January 1, 1999, to owners of underground storage tanks to finance eligible costs of upgrading and replacing their underground storage tanks.
26.10.12.02.htm 26.10.12.02. 02 Objective.. The basic objective of the Program is to make loans of up to $50,000 per site for underground storage tank upgrade or replacement, subject, except in certain extraordinary circumstances, to a maximum loan amount of $150,000 per applicant per year.
26.10.12.03.htm 26.10.12.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Applicant" means an individual or entity seeking a loan from the Department for the upgrade or replacement of an underground storage tank.2) "Department" means the Maryland Department of the Environment.. 3) "Fund" means the Underground Storage Tank Upgrade and Replacement Fund, which is administered by the Department.
26.10.12.04.htm 26.10.12.04. 04 Eligible Applicants.. Applicants shall meet the following requirements in order to be eligible for a loan:. A. If applicable, be in good standing and qualified to do business in Maryland;. B. Have the legal capacity and all necessary legal authorization to incur the obligations of the loan;C. Demonstrate creditworthiness, repayment capability, and collateral or other security acceptable to the Department;
26.10.12.05.htm 26.10.12.05. 05 Eligible Uses.. The proceeds of a loan may be used to cover the following costs:. A. Costs of developing plans and specifications for the upgrade or replacement;. B. Underground storage tank upgrade or replacement costs necessary to meet the technical requirements of regulations adopted by the Environmental Protection Agency for underground storage tanks, including equipment and construction costs;C. Costs of site assessment, including an environmental audit, if any, made
26.10.12.06.htm 26.10.12.06. 06 Loan Terms and Requirements.. A. Loans shall meet the requirements in § B-L of this regulation.. B. Maximum Loan Amount.. 1) A loan may not exceed $50,000 per site for underground storage tank upgrade or replacement.. 2) The aggregate amount of all loans awarded under the Program to a single applicant in any calendar year may not exceed $150,000, unless the Secretary determines that extraordinary circumstances exist.
26.10.12.07.htm 26.10.12.07. 07 Application Process.. A. Procedures. The Department shall establish application and loan processing procedures that facilitate the application and financing process. These procedures may be amended from time to time and are binding upon all applicants.B. Application Form and Deadline.. 1) In order for an applicant to be eligible for a loan, the applicant shall have submitted a final application or loan processing form to the Department on or before June 30, 1998.
26.10.12.08.htm 26.10.12.08. 08 Loan Processing Procedures.. A. Loan Processing Form.. 1) When, based on the ranking of a project under Regulation .07 of this chapter, an application is ready to be processed, the Department shall notify the applicant to submit a current loan processing form that includes the information required under §A(2)7) of this regulation and any other relevant information the Department requests.2) General Information. An applicant shall provide the following information:.
26.10.12.09.htm 26.10.12.09. 09 Violations.. If an applicant violates any provision of the loan documents or ceases to meet the requirements of Environment Article, Title 4, Subtitle 6, Annotated Code of Maryland, the Department may:A. Withhold from the applicant further advances of loan proceeds until the applicant complies with the agreement or requirements;B. Accelerate the loan and demand its immediate repayment in full; and. C. Exercise any other remedy for which the loan documents provide..
26.10.12.10.htm 26.10.12.10. 10 Nondiscrimination.. An applicant shall comply with all applicable federal, State, and local laws and Departmental policies and programs regarding discrimination and equal opportunity in employment, housing, and credit practices, including Title VII of the Civil Rights Act of 1964 and the provisions of the Governor's Code of Fair Practices.
26.10.12.11.htm 26.10.12.11. 11 Program Administration.. A. An action or decision required or permitted to be taken or made by the Department pursuant to Environment Article, Title 4, Subtitle 6, Annotated Code of Maryland, or these regulations, may be taken by the Secretary or the Secretary's designee. The Secretary may delegate to the Director of the Program or to any other employee of the Department the authority to review and execute any Program documents or loan documents.B. The Department may est
26.10.12.12.htm 26.10.12.12. 12 False Statements.. A. A person may not knowingly make or cause any false statement or report to be made:. 1) In any application or other document furnished to the Department in connection with a loan; or. 2) For the purpose of influencing the action of the Department on an application for financial assistance, or for the purpose of influencing any action of the Department affecting financial assistance, whether assistance may have already been extended.B. A person who violates
26.10.12.13.htm 26.10.12.13. 13 Waiver.. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is not inconsistent with Environment Article, Title 4, Subtitle 6, Annotated Code of Maryland, if:A. Conformance to the requirement of any federal, State, or local program in connection with a loan necessitates waiver or variance of a regulation; orB. In the determination of the Secretary, the application of a regulation in a specific case or in a
26.10.12.14.htm 26.10.12.14. 14 Severability.. The provisions of these regulations are severable. A judgment by any court of competent jurisdiction finding or declaring that any provisions of these regulations or the application of any provision to any person or circumstance is invalid does not affect the validity of the remaining provisions of the regulations or any other application of these regulations, and the remaining regulations shall have full force and effect as if no judgment had been entered.
26.10.12.15.htm 26.10.12.15. 15 Drug-Free and Alcohol-Free Workplace.. An applicant shall comply, and remain in compliance, with the State's policy concerning drug-free and alcohol-free workplaces, as set forth in COMAR 01.01.1989.18, and shall make a good-faith effort to eliminate illegal drug use and alcohol and drug abuse from places at which work is performed in accordance with a State loan.
26.10.12.9999.htm 26.10.12.9999. Administrative History Effective date: February 15, 1993 (20:3 Md. R. 259). Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 224). Regulation .04F amended effective December 6, 1993 (20:24 Md. R. 1865) July 15, 1996 (23:14 Md. R. 1011)Regulation .04G amended effective July 15, 1996 (23:14 Md. R. 1011). Regulation .05C, D amended effective December 6, 1993 (20:24 Md. R. 1865). Regulation .06D amended effective July 15, 1996 (23:14 Md. R. 1011).
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