Ch. 428                                    2004 LAWS OF MARYLAND

(I)      TO AWARD GRANTS FOR UP TO 100% OF ELIGIBLE COSTS OF
PROJECTS RELATING TO PLANNING, DESIGN, CONSTRUCTION, AND UPGRADE OF A
WASTEWATER FACILITY WITH A DESIGN CAPACITY OF 500,000 GALLONS OR MORE
PER DAY FOR FLOWS UP TO THE DESIGN CAPACITY OF THE WASTEWATER FACILITY,
AS APPROVED BY THE DEPARTMENT, TO ACHIEVE ENHANCED NUTRIENT REMOVAL
AS REQUIRED BY THE CONDITIONS OF A GRANT AGREEMENT AND A DISCHARGE
PERMIT IN ACCORDANCE WITH PARAGRAPH (3) OF THIS SUBSECTION;

(II)     1. IN FISCAL YEARS 2005 THROUGH 2009, INCLUSIVE, FOR A
PORTION OF THE COSTS OF PROJECTS RELATING TO COMBINED SEWER OVERFLOWS
ABATEMENT, REHABILITATION OF EXISTING SEWERS, AND UPGRADING
CONVEYANCE SYSTEMS, INCLUDING PUMPING STATIONS, TO BE DISTRIBUTED TO
WASTEWATER FACILITIES BASED ON THE AVERAGE ANNUAL FLOW OF THE
WASTEWATER FACILITY AND THE EXTENT OF THE UPGRADES NEEDED, NOT TO
EXCEED AN ANNUAL TOTAL OF $7,000,000 $5,000,000; AND

2. IN FISCAL YEARS 2010 AND THEREAFTER, FOR A PORTION
OF THE OPERATION AND MAINTENANCE COSTS RELATED TO THE ENHANCED
NUTRIENT REMOVAL TECHNOLOGY, WHICH MAY NOT EXCEED 10% OF THE TOTAL
ENVIRONMENTAL SURCHARGE RESTORATION FEE COLLECTED FROM USERS OF
WASTEWATER FACILITIES UNDER THIS SECTION BY THE ADMINISTRATION
COMPTROLLER ANNUALLY;

(III)   AS A SOURCE OF REVENUE OR SECURITY FOR THE PAYMENT OF
PRINCIPAL AND INTEREST ON BONDS ISSUED BY THE ADMINISTRATION IF THE
PROCEEDS OF THE SALE OF THE BONDS WILL BE DEPOSITED IN THE WATERSHED
BAY RESTORATION FUND;

(IV)    TO EARN INTEREST ON WATERSHED BAY RESTORATION FUND
ACCOUNTS;

(V)     FOR THE REASONABLE COSTS OF ADMINISTERING THE
WATERSHED BAY RESTORATION FUND, WHICH MAY NOT EXCEED 1.5% OF THE TOTAL
ENVIRONMENTAL SURCHARGE RESTORATION FEES IMPOSED ON USERS OF
WASTEWATER FACILITIES THAT ARE COLLECTED BY THE ADMINISTRATION
COMPTROLLER ANNUALLY;

(VI)    IN FISCAL YEARS 2005 THROUGH 2007, INCLUSIVE, FOR THE
REASONABLE ADMINISTRATIVE COSTS INCURRED BY A LOCAL GOVERNMENT OR A
BILLING AUTHORITY FOR A WATER OR WASTEWATER FACILITY COLLECTING THE
ENVIRONMENTAL SURCHARGE RESTORATION FEES, THE ADMINISTRATIVE COSTS
MAY BE RETAINED BY THE BILLING AUTHORITY IN AN AMOUNT NOT TO EXCEED 3%
5% OF THE TOTAL ENVIRONMENTAL SURCHARGE RESTORATION FEES COLLECTED
BY THE THAT LOCAL GOVERNMENT OR BILLING AUTHORITY;

(VII)  FOR FUTURE UPGRADES OF WASTEWATER FACILITIES WITH A
DESIGN CAPACITY OF LESS THAN 500,000 GALLONS PER DAY TO ACHIEVE
ADDITIONAL NUTRIENT REMOVAL OR WATER QUALITY IMPROVEMENT, IN
ACCORDANCE WITH PARAGRAPH (4) PARAGRAPHS (6) AND (7) OF THIS SUBSECTION;

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