Section 096-592-7 - Requirements of individual systems for inclusion in programA.Individual system requirements. Individual systems may not be funded by the program unless the following requirements are met: (1) The applicant has received a state grant from the Small Community Program that includes funding for individually owned systems;(2) The individual system meets the eligibility criteria of sections 7(B) and (C) and is included in the list of eligible systems described in section 6(B)(3) of this chapter;(3) The owner of the individual system meets the income requirements of section 7(E) below and has submitted a statement of financial condition to the applicant; and(4) The owner of the individual system has submitted to the applicant: (1) a signed agreement and (2) a signed easement form. (a) Agreement. The applicant shall require a signed agreement between the applicant and the owner for each individual system . This agreement must : (i) Grant access to the site for design, construction and inspection of the required facilities;(ii) Require payment of owner's share of project ;(iii) State that the owner is responsible for the maintenance and repair of the system; and(iv) Be accompanied by the previous year's federal tax return if one was filed, or a signed statement of financial condition if a tax return was not filed.(b) Easement form. The applicant shall require a signed easement form to be recorded by the applicant at the Registry of Deeds. This shall be recorded within thirty days after a contract has been signed for construction. This easement grants to the applicant the right of access at all reasonable times to inspect or correct a malfunction should the owner fail to do so, and requires repayment of all or part of the grant to the applicant if the property is sold or transferred within a time period determined by the department. Funds which are repaid because of the transfer of property may either be used by the applicant to construct other projects on the list of eligible systems, or returned to the department.B.Eligible systems. In addition to other requirements of this chapter, only the following types of individual systems may be eligible for funding: (1) A structure that discharges raw or partially treated wastewater through a pipe or open ditch directly into the waters of the State;(2) A structure that discharges raw or partially treated wastewater through a pipe or open ditch and threatens the public health of the community; or(3) A structure with an alternative toilet (such as an outhouse, chemical toilet, or electric toilet) and graywater disposal systems that is discharging wastewater to the waters of the state or causing a public health hazard. Only the component of an alternative system that is discharging wastewater is eligible for funding.C.Non-eligible systems. Individual sanitary systems are not eligible for funding in any of the following situations. (1) A structure that has been vacant for the twelve (12) months immediately prior to the date when a grant eligibility determination is requested from the State. .(2) A structure lacking a pressurized water system.(3) A structure constructed after July 1, 1974, for which a septic system in compliance with the Maine Subsurface Wastewater Disposal Rules was not installed.(4) A seasonal dwelling converted to year round use that does not meet the requirements set forth in 30-A M.R.S.A. §4215.(5) A structure that is otherwise not in compliance with laws of the State or Municipality.D.Expansion of existing facilities. A malfunctioning alternative disposal system, consisting of an alternative toilet and graywater disposal system, or one of its components, that is eligible for funding as described in section 7(B)(3) must be replaced with a properly designed alternative disposal system or component thereof. The grant percentage paid for the replacement will be determined as set forth in section 7(E)(1). Alternative systems that are upgraded to conventional systems are funded at one-half of the percentages shown in section 7(E)(1).E.Financial requirements for individual systems. The applicant shall require a signed statement of financial condition from the owner(s) of each individual system. For purposes of this chapter, a copy of the owner(s) Federal Income Tax return for the preceding year is a statement of financial condition. If the owner(s) file separate returns, income from their returns will be combined for the purpose of determining eligibility for the program. In cases where a Federal Income Tax form is not filed, the owner must provide alternative documentation to the applicant for review and approval by the department. A statement of financial condition is not required for a building owned by a local government or non-profit organization. For jointly owned single family and seasonal dwellings, grant percentage is determined by the sum of all the property owners' taxable income from the previous year.
For commercial properties, grant percentage is determined by the sum of the owners' gross profit income from the previous year. Taxable income and gross profit will be determined from the specific lines found on the appropriate tax returns.
For structures with multiple uses, the funding percentages will be prorated based on the wastewater flows generated by each use, as shown on the wastewater disposal system design.
06- 096 C.M.R. ch. 592, § 7