Md. Code Regs. 26.03.05.06

Current through Register Vol. 51, No. 20, October 4, 2024

Section 26.03.05.06 - Department Agreements with Political Subdivisions

Political subdivisions receiving grants under this program are required to enter into an agreement with the Department. This agreement shall provide for:

A. The political subdivision to commit adequate resources for establishing a local innovative and alternative on-site sewage disposal system program to be conducted in accordance with requirements established by the Department and including:

(1) Applicant screening and site evaluations;

(2) Input to and review of system design;

(3) System inspection and monitoring;

(4) Technical reporting on system performance in accordance with requirements established by the Department; and

(5) Review by the local planning agency for relation to land use or other pertinent information.

B. The role the local county health departments will serve in the program including a description of their participation in:

(1) Applicant screening;

(2) Site evaluation;

(3) Review of system design; and

(4) Monitoring and reporting.

C. A selection process for choosing projects to be funded when the number of eligible, priority applicants exceeds available funding levels. With the concurrence of the Department, State grant participation may be established at less than 50 percent of the project costs for any individual project.

D. The political subdivision to screen and list applications for project eligibility and priority ranking in accordance with requirements in this chapter. The screening process shall include:

(1) A site evaluation and determination of the nature of the project and its suitability to receive grant assistance including:

(a) The applicant's name;

(b) A plat description of site to be served, including size, property boundaries, and location;

(c) A statement as to whether the property is improved or unimproved;

(d) The number of bedrooms in the house;

(e) The estimated sewage flow;

(f) Site characteristics including slope, soil data, surface and subsurface drainage, vegetation and well location; and

(g) Relation of the project to the local comprehensive plan and relation to other State or local programs for management of development, including the Chesapeake Bay Critical Areas Program and Agricultural Land Preservation Program;

(2) Preparation of a site location map or maps which identify the location of the eligible sites in relation to the nearest roads and topographical features; and

(3) Prioritization of eligible applicants.

E. The political subdivision to conduct in-depth site evaluations for each site meeting eligibility and priority requirements to ascertain ability of the site to support an innovative and alternative system. Site evaluation shall be conducted in accordance with Department requirements and include description or assessment of the following site characteristics:

(1) Soil depth to ground water or bedrock, or both;

(2) Soil profiles;

(3) Soil permeability;

(4) Extent of tree cover; and

(5) Any other site characteristics which may affect the performance of innovative and alternative sewage disposal systems considered applicable for the site.

F. The political subdivision to make recommendations for each site evaluated, including the type of innovative and alternative sewage disposal system best suited to the site, and a relisting of eligible and priority applicants given in-depth evaluation findings. This listing shall be submitted in accordance with the timetable outlined in Regulation .04 of this chapter.

G. The Department to approve of political subdivisions' screening listing and in-depth evaluation results before State grant awards to political subdivisions. The Department's approval process shall include:

(1) Review of screening, prioritization, and site evaluation procedures and results;

(2) Consideration of the ability of available technologies to meet site constraints;

(3) Consideration of the potential of the site to support feasible and economical monitoring systems and provide useful experimental data; and

(4) Consideration of comments received from the Department's submittal of the final priority listing of eligible projects and the site location map or maps of the eligible sites to the State Clearinghouse for intergovernmental review in accordance with the process described in COMAR 16.02.01.

H. The political subdivision to make progress reports to the Department on the administration of the local programs, including status reports on the performance of funded projects.

Md. Code Regs. 26.03.05.06