Maryland Code § EN-9-1601

Section EN-9-1601
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(a) Unless the context clearly requires otherwise, in this subtitle the
following words have the meanings indicated.
(b) "Administration" means the Maryland Water Infrastructure Financing
Administration.
(c) "Bay Restoration Fund" means the Bay Restoration Fund established
under § 9-1605.2 of this subtitle.
(d) "Biological nutrient removal" means a biological nutrient removal
technology capable of reducing the nitrogen in wastewater effluent to not more than
8 milligrams per liter, as calculated on an annually averaged basis.
(e) (1) "Blue infrastructure" means a water-based natural area or
natural feature, or a system or feature designed to protect, mimic, or enhance a
natural function, that:
(i) Absorbs and filters pollutants;
(ii) Attenuates shoreline erosion;

(iii) Protects communities from flooding or storm surge;
(iv) Reduces erosion; or
(v) Sequesters carbon.
(2) "Blue infrastructure" includes:
(i) Enhanced or restored oyster reefs;
(ii) Enhanced or restored seagrass beds;
(iii) Shellfish aquaculture projects;
(iv) Floating wetlands; and
(v) Restored freshwater mussel populations.
(f) "Board" means the Board of Public Works.
(g) "Bond" means a bond, note, or other evidence of obligation of the
Administration issued under this subtitle, including a bond or revenue anticipation
note, notes in the nature of commercial paper, and refunding bonds.
(h) "Bond resolution" means the resolution or resolutions of the Director,
including the trust agreement, if any, authorizing the issuance of and providing for
the terms and conditions applicable to bonds.
(i) "Borrower" means a local government or a person as defined in § 1-
101(h) of this article who has received a loan.
(j) "Chesapeake and Atlantic Coastal Bays Nonpoint Source Fund" means
the Chesapeake and Atlantic Coastal Bays Nonpoint Source Fund established under
§ 9-1605.3 of this subtitle.
(k) "Community sewerage system" means a publicly or privately owned
sewerage system that serves at least two lots.
(l) "Director" means the Director of the Administration.
(m) "Drinking Water Loan Fund" means the Maryland Drinking Water
Revolving Loan Fund.

(n) "Eligible costs" means the costs identified under § 9-1605.2(i) of this
subtitle.
(o) "Enhanced nutrient removal" means:
(1) An enhanced nutrient removal technology that is capable of
reducing the nitrogen and phosphorus concentrations in wastewater effluent to
concentrations of not more than 3 milligrams per liter total nitrogen and not more
than 0.3 milligrams per liter total phosphorus, as calculated on an annually averaged
basis; or
(2) If the Department has determined that the concentrations under
item (1) of this subsection are not practicable for a wastewater facility, the lowest
average annual wastewater effluent nitrogen and phosphorus concentrations that the
Department determines are practicable for that facility.
(p) "Environmental outcome" means a commodity that is modeled or
directly measured as a single, quantifiable, and certified unit of improvement to the
environment, including a nutrient or carbon benefit.
(q) "Equivalent dwelling unit" means a measure of wastewater effluent
where one unit is equivalent to:
(1) If a local government or billing authority for a wastewater facility
has established a definition for "equivalent dwelling unit" on or before January 1,
2004, the average daily flow of wastewater effluent that the local government or
billing authority has established to be equivalent to the average daily flow of
wastewater effluent discharged by a residential dwelling, which may not exceed 250
gallons; or
(2) If a local government or billing authority has not established a
definition for "equivalent dwelling unit" on or before January 1, 2004, or if a local
government or billing authority has established a definition that exceeds 250 gallons
of wastewater effluent per day, an average daily flow of 250 gallons of wastewater
effluent.
(r) "Facility" means a wastewater facility or all or a portion of a water
supply system as defined in § 9-201(u) of this title.
(s) "Federal Safe Drinking Water Act" means Title XIV of the Public Health
Service Act, P.L. 93-523, as amended, 42 U.S.C. § 300f, et seq., and the rules and
regulations promulgated thereunder.

(t) "Federal Water Pollution Control Act" means the Water Pollution
Control Act of 1972, P.L. 92-500, as amended, 33 U.S.C. § 1251, et seq., and rules
and regulations promulgated thereunder.
(u) "Fund" means a fund established by this subtitle, including the Water
Quality Fund, the Drinking Water Loan Fund, the Bay Restoration Fund, and the
Chesapeake and Atlantic Coastal Bays Nonpoint Source Fund.
(v) "Grant" means a grant from the Administration to a grantee.
(w) "Grant agreement" means a written agreement between the
Administration and a grantee with respect to a grant.
(x) "Grantee" means the grant recipient.
(y) (1) "Green infrastructure" means a land-based natural area or
natural feature, or a system or feature designed to protect, mimic, or enhance a
natural function, that:
(i) Absorbs and filters pollutants;
(ii) Protects communities from flooding or storm surge;
(iii) Reduces erosion; or
(iv) Sequesters carbon.
(2) "Green infrastructure" includes:
(i) Enhanced or restored natural landscape features, such as
forests, streams, wetlands, riparian buffers, headwaters, or floodplains;
(ii) Rain gardens;
(iii) Permeable pavement;
(iv) Pocket parks;
(v) Bioswales;
(vi) Green roofs;
(vii) Infiltration planters;

(viii) Tree plantings or tree boxes; and
(ix) Rainwater harvesting.
(z) "Lender" has the meaning stated in § 9-1606.1 of this subtitle.
(aa) "Linked deposit" has the meaning stated in § 9-1606.1 of this subtitle.
(bb) "Linked deposit loan" has the meaning stated in § 9-1606.1 of this
subtitle.
(cc) "Linked deposit program" has the meaning stated in § 9-1606.1 of this
subtitle.
(dd) "Loan" means a loan from the Administration to a borrower for the
purpose of financing all or a portion of the cost of a wastewater facility, if the loan is
from the Water Quality Fund, or water supply system, if the loan is from the Drinking
Water Loan Fund.
(ee) "Loan agreement" means a written agreement between the
Administration and a borrower with respect to a loan.
(ff) "Loan obligation" means a bond, note, or other evidence of obligation,
including a mortgage, deed of trust, lien, or other security instrument, issued or
executed by a borrower to evidence its indebtedness under a loan agreement with
respect to a loan.
(gg) (1) "Local government" means a county, municipal corporation,
sanitary district, or other State or local public entity that has authority to own or
operate a facility.
(2) "Local government" includes any combination of two or more of
the public entities under paragraph (1) of this subsection when acting jointly to
construct or operate a facility.
(hh) (1) "Person" means an individual, a corporation, a partnership, an
association, a nonprofit entity, the State, any unit of the State, a commission, a
special taxing district, or the federal government.
(2) "Person" does not include a county, municipal corporation, bi-
county or multicounty agency under Division II of the Land Use Article or Division II
of the Public Utilities Article, housing authority under Division II of the Housing and
Community Development Article, school board, community college, or any other unit

of a county or municipal corporation, or a local fire department, as defined in § 9-401
of the Public Safety Article.
(ii) (1) "Residential dwelling" means a room or group of rooms occupied
as living quarters by an individual, a single family, or other discrete group of persons
with facilities that are used or intended to be used for living, sleeping, cooking,
sanitation, and eating, including an apartment unit, condominium unit, cooperative
unit, town house unit, mobile home, or house.
(2) "Residential dwelling" does not include a hospital, a hotel, a
motel, an inn, a boarding house, a club, a dormitory, a school, a college, or a similar
seasonal, institutional, or transient facility.
(jj) "Single site" means a discrete grouping of buildings or structures that
are located on contiguous or adjacent property and owned by the same user.
(kk) (1) "User" means any person discharging wastewater to:
(i) A wastewater facility that has a State discharge permit or
national pollutant discharge elimination system discharge permit;
(ii) An on-site sewage disposal system; or
(iii) A sewage holding tank.
(2) "User" does not include a person whose sole discharge is
stormwater under a stormwater permit.
(ll) (1) "Wastewater facility" means any equipment, plant, treatment
works, structure, machinery, apparatus, interest in land, or any combination of these,
which is acquired, used, constructed, or operated:
(i) For the storage, collection, treatment, neutralization,
stabilization, reduction, recycling, reclamation, separation, or disposal of wastewater;
(ii) To improve water conservation, reduce energy
consumption, or increase security; or
(iii) For the final disposal of residues resulting from the
treatment of wastewater.
(2) "Wastewater facility" includes:

(i) Treatment or disposal plants; outfall sewers, interceptor
sewers, and collector sewers; pumping and ventilating stations, facilities, and works;
and other real or personal property and appurtenances incident to their development,
use, or operation;
(ii) Any programs and projects for managing, reducing,
treating, recapturing, abating, or controlling nonpoint sources of water pollution,
including stormwater or subsurface drainage water; and
(iii) Any programs and projects for improving estuarine
conservation and management.
(mm) "Water Quality Fund" means the Maryland Water Quality Revolving
Loan Fund.
(nn) "Water supply system" has the meaning stated in § 9-201(u) of this title.

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