3776                                         LAWS OF MARYLAND                                     Ch. 795

(C) GRANTS OR LOANS AWARDED UNDER THIS SECTION MAY NOT
EXCEED BE AWARDED FOR UP TO 100 PERCENT OF ELIGIBLE COSTS.

9-349.

(A)  (1) LOANS OR LOAN GUARANTEES MAY BE AWARDED TO
INDUSTRIAL USERS FOR PROJECTS THAT PROVIDE FOR PRETREATMENT OF
POLLUTANTS THAT ARE DISCHARGED DIRECTLY OR INDIRECTLY INTO
PUBLICLY OWNED TREATMENT WORKS OR INTO ANY CONVEYANCE LEADING TO
A PUBLICLY OWNED TREATMENT PLANT.

(2) THE SECRETARY AND THE SECRETARY OF ECONOMIC AND
COMMUNITY DEVELOPMENT SHALL JOINTLY ADMINISTER THE PROGRAM
ESTABLISHED UNDER THIS SECTION WITH THE SECRETARY OF ECONOMIC AND
COMMUNITY DEVELOPMENT BEING PRIMARILY RESPONSIBLE FOR THE
ASSESSMENT OF THE FINANCIAL CAPABILITY OF AN APPLICANT AND
APPROPRIATENESS OF THE TERMS AND CONDITIONS OF ANY LOAN
ASSISTANCE.

(B)  LOAN ASSISTANCE MAY BE AWARDED TO A PERSON UNDER THIS
SECTION IF:

(1)  AN AGREEMENT IS EXECUTED BY THE PERSON THAT:

(I)  SPECIFIES THE PURPOSE, AMOUNT, MANNER OF
REPAYMENT, AND ANY OTHER CONDITION REQUIRED BY THE BOARD OF
PUBLIC WORKS;

(II)  OBLIGATES THE PERSON TO CONSTRUCT,
INSTALL, AND OPERATE THE PRETREATMENT PROJECT IN A MANNER WHICH
INSURES COMPLIANCE WITH ALL PRETREATMENT REQUIREMENTS AND
TECHNICAL SPECIFICATIONS, TO MAINTAIN THE PROJECT FOR ITS
EXPECTED LIFE SPAN, AND TO BIND ANY SUCCESSOR IN TITLE; AND

(III)  SHALL BE SIGNED BY THE SECRETARY AND THE
SECRETARY OF ECONOMIC AND COMMUNITY DEVELOPMENT OR THEIR
DESIGNEES;

(2)  THE APPLICANT CERTIFIES THAT IT IS OTHERWISE
UNABLE TO OBTAIN ON REASONABLE TERMS SUFFICIENT CREDIT TO FINANCE
THE PRETREATMENT PROJECT AND THE SECRETARY OF ECONOMIC AND
COMMUNITY DEVELOPMENT DETERMINES THAT THERE IS A REASONABLE
ASSURANCE OF REPAYMENT OF THE LOAN;

(3)  THE SECRETARY OF HEALTH AND MENTAL HYGIENE
DETERMINES THAT THE PROJECT MEETS ALL APPLICABLE TECHNICAL
STANDARDS AND THAT ALL COST ESTIMATES ARE REASONABLE AND
REPRESENT ELIGIBLE COSTS; AND

(4)  WHEN AN APPLICANT LEASES THE PROPERTY WHERE THE
PRETREATMENT PROJECT WILL BE CONSTRUCTED, THAT THE LANDOWNER
CONSENTS TO THE TERMS AND CONDITIONS OF THE AGREEMENT.