Md. Code Regs. 26.03.05.07

Current through Register Vol. 51, No. 24, December 2, 2024

Section 26.03.05.07 - Political Subdivision Agreements with Applicants

A. Before Department and political subdivision approval of funding for innovative and alternative on-site sewage disposal systems, an agreement shall be signed by the applicant, political subdivision, and the Department which:

(1) Identifies project elements and fixes their cost based upon a fair assessment of project installation costs, and establishes that the amount of State grant participation may not exceed 50 percent of the anticipated total project cost.

(2) Establishes financial responsibility of homeowners for:

(a) Costs incurred in installation above the fixed amount; and

(b) All operating and maintenance costs.

(3) Limits the State's share of the project installation cost to $10,000 or less.

(4) Establishes applicant repayment requirements for the full amount of funds provided under this agreement if, for reasons of neglect, the innovative and alternative system is not adequately maintained or is damaged beyond repair.

(5) Establishes the applicant's financial responsibility for system modification which may be required by the Department or the political subdivision when failure of the system to operate satisfactorily poses a threat to the public health, safety, or comfort. In these cases, necessary system modifications shall be in accordance with the requirements established by the Department or the local health department. System modifications may include requirements for installing holding tanks and regular pumping and hauling of sewage wastes from the holding tanks.

(6) Establishes salvage rights of the State upon default of the applicant.

(7) Establishes access for the political subdivision and the Department to enter the applicant's land in order to make periodic inspection and to monitor the system for at least 2 years from initiation of system use or for the duration of the project.

(8) Requires installation by the applicant of either a water meter or cycle counter (for effluent pumping systems), which shall be monitored.

(9) Acknowledges that the proposed innovative and alternative sewage system is experimental and that the applicant's participation is voluntary.

(10) Acknowledges that the political subdivision, the Department and any of their agents or employees do not, either officially or individually, underwrite the operation of any innovative and alternative system approved under this program or incur any liability to the applicant if the innovative and alternative system fails.

(11) Requires that the applicant assure continued, efficient, and effective operation of the system.

(12) Requires the terms of this agreement to run with the land and bind the applicant, his heirs, successors or assigns, and that this agreement shall be recorded in the land records of the political subdivision where the property is located.

(13) Provides for this agreement to be voided at the discretion of the Department if the system construction is not completed within 6 months of the grant award and requires the applicant to repay all funds with interest.

(14) Establishes any special requirements or conditions deemed necessary by the Department and the political subdivision.

B. Representatives of the Department and the political subdivision shall meet with program participants, individually or in groups, before the signing of the agreement to:

(1) Outline applicant responsibilities in the program;

(2) Describe the innovative and alternative system most appropriate for the site; and

(3) Explain any special design or maintenance features of the system which may require applicant involvement beyond that required for a conventional septic system.

Md. Code Regs. 26.03.05.07