Md. Code Regs. 15.01.05.10

Current through Register Vol. 52, No. 1, January 10, 2025

Section 15.01.05.10 - Distribution of Cost Sharing Funds

A. A person who executes a cost sharing agreement shall do all of the following before making a claim for payment to the Department:

(1) A person shall document all eligible costs on an itemized statement and submit it to the district for approval. Each itemized cost shall be supported by payment receipts or unpaid invoices from vendors. Each receipt shall be signed by the person who executes a cost share agreement and certified that each cost is true and correct to the best of that person's knowledge;

(2) Each payment receipt or unpaid invoice shall show the following:

(a) Vendor, or vendors names;

(b) Type of material, labor, or equipment used on the project; and

(c) The unit cost paid for the item, the total amount paid to the vendor, and the date payment was received.

(3) The total amount of any claim for payment shall be shown clearly on a separate line on the face of the receipt. If receipts include items which were not used on the approved project, a person shall delete those items and adjust any total on the receipt.

B. After a project has been completed, a person shall complete a departmental claim for payment form, which is available from a district.

C. The district shall certify to the Department that the project meets all applicable standards and specifications. The district shall also certify to the Department that a person's claim for payment properly represents all eligible costs. Only a State-certified nutrient management consultant may certify that a nutrient management plan meets all applicable standards and specifications.

D. The Department shall distribute cost sharing funds only after it has determined that the project or best management practice has been established, or in the case of equipment, structures, or similar items, that it has been received and properly installed.

E. Distribution.

(1) General Rule. The Department may distribute cost sharing funds for a project up to 100 percent of eligible costs, subject to the restrictions in §E(2)-(4) of this regulation.

(2) Single Projects Other than Animal Waste Storage or Treatment Projects. The payment made under this program for a single non-waste storage or treatment project not covered by a pooling agreement may not exceed $150,000, and the payment for a single non-waste storage or treatment project covered by a pooling agreement may not exceed $200,000.

(3) Animal Waste Storage or Treatment Projects.

(a) The payment made under this program for a single animal waste storage or treatment project may not exceed $200,000.

(b) The total payment made for all animal waste storage or treatment projects located on a farm or farms that a person owns or operates or in which the person has a controlling interest may not exceed $450,000 whether the person installed the project or a predecessor-in-title installed the project. This rule does not apply to an animal waste storage or treatment project that is no longer subject to an active agreement with the Department.

(c) The payment for an animal waste storage or treatment project:

(i) Shall address an existing resource concern; and

(ii) If it is for a start-up poultry or livestock operation or the expansion of a poultry or livestock operation, may not exceed 50 percent of the eligible cost.

(4) Nutrient Management Plans. The payment made under this program for a nutrient management plan may be for up to 87-1/2 percent of eligible costs which may include soil, plant tissue, and manure analysis. Payment made for the nutrient management plan project is not included in the maximum total cost share allowed per person.

F. If total cost sharing funds available from all sources exceed the State's maximum cost share rate for a project, the State's share shall be adjusted or prorated so as not to exceed the State's rate.

G. If actual costs are less than the estimated costs contained in the agreement, the payment may not exceed the cost share rate based on the actual costs.

H. If actual costs are more than the estimated costs contained in the agreement, the payment may be based on the actual cost if the Department approves the overrun and if funds are available.

I. Payment may be made either to the person when the person has advanced money, or directly to a vendor or contractor in accordance with the agreement.

Md. Code Regs. 15.01.05.10

Regulations .10E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 469); amended permanently effective August 3, 1992 (19:15 Md. R. 1393)
Regulation .10C, E amended as an emergency provision effective October 23, 1998 (25:24 Md. R. 1771); amended permanently effective February 8, 1999 (26:3 Md. R. 175)
Regulation .10E amended as an emergency provision effective August 24, 1995 (22:19 Md. R. 1469); emergency status extended at 22:26 Md. R. 2028; amended permanently effective January 15, 1996 (23:1 Md. R. 35)
Regulation .10E amended effective April 19, 1999 (26:8 Md. R. 618)
Regulation .10E amended as an emergency provision effective October 1, 1999 (26:20 Md. R. 1543); amended permanently effective February 21, 2000 (27:3 Md. R. 327)
Regulation .10E amended as an emergency provision effective November 1, 2000 (27:23 Md. R. 2145); amended permanently effective February 5, 2001 (28:2 Md. R. 100)
Regulation .10E amended as an emergency provision effective August 15, 2006 (33:18 Md. R. 1503); amended permanently effective December 18, 2006 (33:25 Md. R. 1952)
Regulation .10E amended effective December 24, 2012 (39:25 Md. R. 1615); amended effective 48:21 Md. R. 892, eff. 10/18/2021; amended effective 49:9 Md. R. 531, eff. 5/2/2022; amended effective 51:3 Md. R. 153, eff. 1/1/2024, exp. 6/30/2024(Emergency); amended effective 51:7 Md. R. 321-354, eff. 4/15/2024.