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Bay Restoration Fund

Maryland's efforts to reduce nitrogen and phosphorus in the Chesapeake Bay

According to studies, the Chesapeake Bay has experienced a decline in water quality due to over-enrichment of nutrients (mainly phosphorus and nitrogen). Effluent from wastewater treatment plants, residential on-site (septic) disposal systems, and agricultural practices are the top three major contributors of these nutrients entering the Bay. The Bay Restoration Fund (BRF) was established by Senate Bill 320 and signed into law in 2004. This bill created a dedicated fund to upgrade Maryland’s municipal and residential treatment systems – and initiated Maryland’s efforts to further reduce nitrogen and phosphorus loading in the Chesapeake Bay.

Clear Water® Program

St. Mary’s County Health Department’s Clear Water® Program administers the Bay Restoration Fund (BRF) in St. Mary’s County. The Clear Water® Program provides funding for nitrogen-reducing septic systems and connection of existing homes to public sewer which reduce the amount of harmful nutrients, such as nitrogen, that are discharged into the Chesapeake Bay and its tributaries.

All St. Mary’s County property owners that utilize an onsite septic system are eligible to apply. Funding awards will be made based on the availability of Bay Restoration funds, the priority level of the project and the property owner’s total income.

Currently, applications are prioritized based on the following categories:

  1. Failing septic systems within the 1000-foot Critical Area
  2. Failing septic systems outside the 1000-foot Critical Area
  3. Non-conforming septic systems within the Critical Area
  4. Non-conforming septic systems outside the Critical Area
  5. Non-failing septic systems within the 1000-foot Critical Area Buffer
  6. Non-failing septic systems outside the 1000-foot Critical Area Buffer

The Chesapeake Bay Critical Area is all land within 1,000 feet of the high water line of tidal waters of the Chesapeake Bay and its tributaries. New regulations that went into effect November 24, 2016 no longer require properties that are located outside of the 1000-foot Critical Area buffer to install the Best Available Technology (BAT) for nitrogen removal as part of the onsite septic system.

Frequently Asked Questions

All St. Mary’s County property owners who utilize an Onsite Septic System are eligible for funding. This includes new construction, residential, commercial, and business-owned properties. Funding is also available to help with the cost of connecting a property to the public sewer.

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The grant provides funding to help offset the cost of connecting an existing home to public sewer. It is not available to homes that are already connected to public sewer.

Within the 1000-foot Critical Area Buffer – All properties located within the 1000-foot Critical Area Buffer are required to include a BAT when either upgrading, installing, or replacing the septic system.

Effective November 24, 2016, properties located outside of the 1000-foot Critical Area buffer are no longer required to install the Best Available Technology (BAT) for nitrogen removal. The BAT may be required on properties with existing homes or businesses outside of the Critical Area in situations where soil conditions prohibit the installation of a conventional septic system.

The grant addresses the cost of the BAT, its installation, electrical hookup, and two years of Operation and Maintenance. It does not cover permit or recordation fees, which can range from $53 to $200. For public sewer connections, residences are potentially eligible for up to $25,000 and businesses up to $18,500 towards the cost of connection to the public sewer.

Yes. Each BAT has an electrical component as part of the system. The electrical consumption varies between each BAT and should be researched by the property owner when choosing a BAT.

Grant funding may be provided for the replacement of a failing septic system as long as the system includes a BAT and the property owners meet the income eligibility limits of the DHR energy assistance program.

All BATs must be installed by a St. Mary’s County licensed septic contractor who is certified by the Maryland Department of the Environment to install BATs and is also registered with the State to provide Onsite Wastewater Services. Contact the Health Department for a current list.

Yes.  Each property served by an Onsite Septic System is eligible for grant funding.

No.  Grant funding is awarded for the property, but payment is made to the BAT distributors once the unit has been inspected.  Grant funding must be approved prior to installation of the BAT.

How to Apply

Clear Water® Program – Step-by-Step Instructions

Please follow the instructions below to apply for the Bay Restoration Fund (BRF) through the St. Mary’s County Health Department’s Clear Water® Program.

Step 1: Complete & Submit Application

You must submit a completed Bay Restoration Grant Application to the St. Mary’s County Health Department by mail to the Environmental Health Division at P.O. Box 316, Leonardtown, MD 20650, or by email to smchd.env@maryland.gov.

Step 2: Application is Reviewed

The application is reviewed, and based on available septic records, either a site visit by the area Environmental Health Specialist or a septic evaluation will be required. Applicants will be notified by mail about what will be required for their property.

Step 3: Income Tax Verification

If funds are available, the Health Department will evaluate the owner’s federal income tax records to determine the percent eligibility for the program. For non-commercial properties, a copy of the federal income tax return for each individual listed on the deed must be provided to the Health Department for review and qualification for the program. Commercial, business-owned properties may be eligible for up to 75% funding while trusts and estates will be limited to 50% funding.

Step 4: Select BAT Unit & Complete Vendor Contract

You must select a Best Available Technology (BAT) Unit from the list of field-verified, fixed-cost units that are approved by the Maryland Department of the Environment for installation with the use of BRF funds. These vendors have been field tested and verified, and have a predetermined grant allowance. All additional costs not covered by the grant award are the responsibility of the property owner. It is recommended that property owners contact the vendors to determine which BAT might best suit their needs. Electrical consumption varies between BATs and should be taken into consideration prior to purchase. The property owner may choose any of the pre-approved technologies and must contact the vendor directly. A signed contract between the property owner, licensed septic contractor and the chosen vendor must be submitted to the Health Department.

Step 5: Sign and Return the Bay Restoration Fund Grant Agreement

A grant award package which includes the BRF Agreement and Easement document will be mailed upon review of the federal tax return and vendor contract. The agreement is a legal document that must be recorded in County Land Records against the owner’s property deed. A signed and recorded copy of the document must be returned to the Health Department within 30 days of the date on the award letter.

Step 6: Schedule Installation

The owner will be notified of the approved grant amount and further instructions on installing the BAT. No change orders will be accepted, and the award amount will only be available for reimbursement for 90 days after the Agreement and Easement have been recorded. Any BATs installed prior to the award of the grant will not be eligible for grant funding.

Local Permitting Requirements:

All work on the septic system must be permitted and inspected through the Office of Environmental Health. The licensed septic contractor is responsible for obtaining all appropriate permits and paying all required fees prior to the start of installation. The Agreement and Easement document must be completed and recorded prior to the start of installation. Permit and recordation fees are not eligible for BRF funding.  

Step 7: Vendor or Contractor Payment

The selected contractor or approved vendor must submit an invoice to the Health Department for payment. Payment will be made to the approved contractor or vendor based on the grant award.

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