ROBERT L. EHRLICH, JR., Governor

Ch. 428

(VIII) FOR COSTS ASSOCIATED WITH THE ISSUANCE OF BONDS; AND

(IX)    SUBJECT TO THE CONDITIONS UNDER SUBSECTION (H) OF THIS
SECTION, PROJECTS RELATED TO THE REMOVAL OF NITROGEN FROM ONSITE
SEWAGE DISPOSAL SYSTEMS AND COVER CROP ACTIVITIES.

(3)      THE GRANT AGREEMENT AND STATE DISCHARGE PERMIT, IF
APPLICABLE, SHALL REQUIRE AN OWNER OF A WASTEWATER FACILITY TO OPERATE
THE ENHANCED NUTRIENT REMOVAL FACILITY IN A MANNER THAT OPTIMIZES THE
NUTRIENT REMOVAL CAPABILITY OF THE FACILITY IN ORDER TO ACHIEVE
ENHANCED NUTRIENT REMOVAL PERFORMANCE LEVELS.

(4)      (I) ALL WASTEWATER FACILITIES SERVING MARYLAND USERS
THAT HAVE CONTRIBUTED TO THE BAY RESTORATION FUND ARE ELIGIBLE FOR
GRANTS UNDER THIS SECTION, INCLUDING THE BLUE PLAINS WASTEWATER
TREATMENT PLANT IN THE DISTRICT OF COLUMBIA.

(II) GRANTS ISSUED UNDER PARAGRAPH (2)(I) OF THIS SUBSECTION
FOR UPGRADES TO THE BLUE PLAINS WASTEWATER TREATMENT PLANT MAY BE
AWARDED ONLY IF EACH PARTY TO THE BLUE PLAINS INTERMUNICIPAL
AGREEMENT OF 1985 CONTRIBUTES A PROPORTIONAL SHARE OF THE UPGRADE
COSTS IN ACCORDANCE WITH THE BLUE PLAINS INTERMUNICIPAL AGREEMENT OF
1985, AS REVISED AND UPDATED.

(4) (I) (5) PRIORITY FOR FUNDING AN UPGRADE OF A WASTEWATER
FACILITY SHALL BE COMMENCED ONLY ON COMPLETION OF GIVEN TO ENHANCED
NUTRIENT REMOVAL UPGRADES AT WASTEWATER FACILITIES WITH A DESIGN
CAPACITY OF 500,000 GALLONS OR MORE PER DAY.

(II) (6) (I) THE ELIGIBILITY AND PRIORITY RANKING OF A
PROJECT SHALL BE DETERMINED BY THE DEPARTMENT BASED ON CRITERIA
ESTABLISHED IN REGULATIONS ADOPTED BY THE DEPARTMENT, IN ACCORDANCE
WITH SUBSECTION (G) (K) OF THIS SECTION.

(II) THE CRITERIA ADOPTED BY THE DEPARTMENT SHALL
INCLUDE, AS APPROPRIATE, CONSIDERATION OF:

1. THE COST-EFFECTIVENESS IN PROVIDING WATER
QUALITY BENEFIT;

2.       THE WATER QUALITY BENEFIT TO A BODY OF WATER
IDENTIFIED BY THE DEPARTMENT AS IMPAIRED UNDER SECTION 303(D) OF THE
CLEAN WATER ACT;

3.       THE READINESS OF A WASTEWATER FACILITY TO
PROCEED TO CONSTRUCTION; AND

4.       THE NITROGEN AND PHOSPHORUS LOADS DISCHARGED
BY A WASTEWATER FACILITY.

(7) A WASTEWATER FACILITY THAT HAS NOT BEEN OFFERED OR HAS
NOT RECEIVED FUNDS FROM THE DEPARTMENT UNDER THIS SECTION OR FROM ANY

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