Md. Code Regs. 26.26.01.03 - General Provisions
A. The Fund
is generated by assessing annual fees on facilities that are required to report
to the State or its instrumentalities under the Federal Act. The Fund is
intended for use by the Department and LEPCs to cover the costs of fulfilling
the duties and responsibilities of the federal Act.
B. The Department will award grants to LEPCs,
by using the Fund allocation requirements set forth in Regulation .08 of this
chapter.
C. The Department may
consider a distribution plan in determining the amount of funding for each
LEPC.
D. Within 60 days of the
beginning of each calendar year, the Department shall allocate, through grants,
50 percent of the current calendar year revenues, plus 100 percent of any local
government reversions from prior calendar years, minus $25,000 for
administrative costs to LEPCs.
E.
Grant allocations shall be as specified under Regulation .08B of this
chapter.
F. The authority to
distribute local government allocations of the Fund may be delegated to the
SERC by the Department.
G. Each
LEPC that receives grant money from the Fund shall provide an annual report to
the Department documenting the manner in which the money was spent.
H. An LEPC shall spend the money provided by
the grant for activities under Regulation .06 of this chapter or for any other
activity the Department determines is consistent with the purposes of this
chapter.
I. Money allocated to an
LEPC under this chapter that is not used by the LEPC by the end of the
authorized grant year shall be remitted to the fund and shall be reallocated by
the Department.
J. After reasonable
notice, the Secretary may require an LEPC to provide the Department with
information or documentation relating to money expended by the LEPC under this
chapter.
K. The Secretary may
require an independent audit of any LEPC that is not found to be in compliance
with this chapter.
L. The Secretary
may recover any inappropriate expenditure made by an LEPC from the
Fund.
M. The Secretary may withhold
a part or all of the funding allocation of any LEPC that inappropriately
expended funds or has not expended all the Fund in a prior year.
Notes
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