06-096 C.M.R. ch. 594, § 7 - Requirements for inclusion in program

A. Eligible systems. Only replacement systems for buildings whose owners are required to eliminate a licensed discharge to comply with 38 M.R.S.A. § 414-A(1-B) or 38 M.R.S.A. §413(3) are eligible for funding.

B. Non-eligible systems. Replacement systems are ineligible for funding in the following situations.

(1) A building that did not have a licensed overboard discharge prior to September 30, 1989.

(2) A building that is otherwise not in compliance with laws of the State or the municipality.

C. Funding as a town administered project. Individual systems may be funded as a town administered project, if and when the following requirements are met:

(1) The individual system meets the eligibility criteria of Section 7(A); and

(2) The owner of the individual system has submitted to the appropriate local government entity a signed agreement form. This agreement must:

(a) Grant access to the site for design, construction and inspection of the required facilities;

(b) Require payment of owner's share of project prior to work; and

(c) State that the owner is responsible for maintenance, repair or replacement of any malfunction of the system.

D. Funding as an individually administered project. Individual systems may be funded as an individually administered project if and when the following requirements are met:

1The individual system meets the eligibility criteria of Section 7(A); and

2The owner of the individual system has submitted a complete signed application for funds and received approval for the replacement system design and contractor procurement from the department.

Notes

06-096 C.M.R. ch. 594, § 7