Anne Arundel County Department of Health, Anne Arundel County, Maryland

Bay Restoration Fund for Nitrogen-Reducing Pretreatment Units

Updated: 12.9.11

Anne Arundel County has a grant to locally administer the Bay Restoration Fund (BRF) program. The BRF is a State-supported program that provides funding to replace existing septic tanks with nitrogen-reducing technology. The units reduce the amount of harmful nutrients, such as nitrogen, that septic systems discharge into the Chesapeake Bay and its tributaries.

For 2011-2012, repair of failing septic systems in the Critical Area will receive the highest priority for funding. On March 1, 2011, the Department of Health began accepting applications for failing septic systems outside the Critical Area. Grant awards for failing septic systems outside the Critical Area will be made based on the availability of Bay Restoration Funds and the priority level of the project.

Properties must install State-approved nitrogen-reducing units that have demonstrated consistent and reliable performance and are the Best Available Technology (BAT) for removing nitrogen from onsite systems in accordance with Senate Bill 554. A property owner with a failing system in the Critical Area will be eligible for 100 percent assistance of the BAT purchase, the installation and 5-year maintenance costs. The amount of assistance for failing septic systems outside the Critical Area will be determined based on income guidelines set by the Maryland Department of the Environment (MDE). To secure funds from the BRF program, see Step by Step Instructions.

Property owners with failing septic systems must prevent system overflow by following these guidelines: Septic System: Collapsed Septic Tanks, Overflowing and Failing Septic Systems Interim Health and Safety Requirements.  

See: Grant Application for Nitrogen-Reducing Pretreatment Unit (PDF).

• BRF Best Available Technology for Removing Nitrogen from Onsite Systems
• Nitrogen-Reducing Systems--Frequently Asked Questions

How does the BRF Grant program work?

To be eligible for grant funding:

• You must submit a Grant Application (PDF) for a nitrogen-reducing pretreatment unit;
• You must apply for a Perc Application; 
• The Department of Health must determine whether you have a failing septic system; and
• For failing septic systems outside the Critical Area, you must submit a copy of your 2010 federal income tax records for each individual listed on the deed.

A septic system is considered failing if at least one of the following conditions is found:

• The septic system has an active sewage overflow.
• Sewage is backing up inside the dwelling.
• There is a direct discharge to a storm drain or waterway.
• The septic system is contaminating a private drinking water supply.
• A septic system certification indicates the existing septic system is failing.

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. For more information about the Chesapeake Bay Critical Area, click here.

How much BRF assistance is available?

Currently, repair of failing septic systems in the Critical Area receive the highest priority for funding. Awards for failing septic systems outside the Critical Area will be based on 1) the priority level of the project; 2) income guidelines set by MDE; and 3) the availability of Bay Restoration program funds.

In the Critical Area

• The repair or replacement of a failing system in the Critical Area is eligible for 100 percent assistance of the BAT purchase, installation and 5-year maintenance costs.

Outside the Critical Area

• The system repair or replacement of a commercial, rental or seasonally occupied property outside the Critical Area will only be eligible for a grant not to exceed 25 percent.
• For system repairs or replacements at homeowner-occupied properties outside the Critical Area, the amount of BRF assistance is based on your 2010 federal taxable income with assistance ranging from 25 to 100 percent of the purchase, installation and 5-year maintenance cost. You will need to provide proof of income by including a copy of the 2010 tax return for each individual listed on the deed. Assistance is subject to the availability of Bay Restoration Funds and is based on the following income guidelines, which are subject to change annually based on the Federal Tax Code:

Bay Restoration Fund-Grant Award Guidelines for Homeowner-Occupied Properties Outside the Critical Area (effective July 1, 2011)

Families with low or moderate incomes can apply for additional assistance to help with drain field, dry well and other septic system replacement and repair costs.

What happens if my grant application is approved?

Applicants enter into an agreement, which is recorded against the deed of the property. The agreement will specify the maintenance responsibilities associated with the nitrogen-reducing unit and the square footage, number of bedrooms and maximum sewage flows approved for the property. See Bay Restoration Fund Grant Agreement (PDF).

The property owner must select a state preapproved vendor or secure written estimates from a list of prequalified, licensed disposal system contractors (PDF).

After installation, the County Department of Health will inspect the nitrogen-reducing unit, and the payment to the contractor will be made based on the grant award. Any other costs to repair, replace or upgrade the septic system beyond the installation of the nitrogen-reducing unit will not be paid by this grant.

What is covered by the grant?

The grant awards for systems within the Critical Area will cover the purchase cost of the nitrogen-reducing unit and its installation by a qualified contractor. A 5-year service and maintenance contract is also included in the grant. While there will be no charge to the property owner for the 5-year maintenance agreement, the owner will need to allow access to the property for the inspections. Grant awards for failing systems outside the Critical Area will range between 25% and 100% of the purchase, installation and 5-year service and maintenance costs and will be determined based on property owners' 2009 federal taxable income.

The property owner is responsible for the County perc application fee ($450) and the nitrogen reducing unit installation permit fee ($600). The service contract requires an annual inspection to ensure that the unit is in proper working order. Inspections will be done by the qualified disposal system contractor or subcontractor indicated in the written estimate and will be used to determine the overall performance of the nitrogen-reducing unit.

After five years, maintenance of the nitrogen-reducing unit will become the responsibility of the property owner.

What future building improvements can be considered for my property?

Any future building improvements or additions must comply with applicable State and local regulations, the Master Plan for Water Supply and Sewerage Systems, the Private Sewage Disposal Code (PDF), and all connected rules and regulations.

Building or property improvements that increase the habitable area or living space of a dwelling must comply with the conventional requirements of the Private Sewage Disposal Code. The existing septic system will be evaluated based on its adequacy in handling the proposed increase in living space. In addition, area for two future replacement systems must be identified on the property before building permit approval can be made.

Property improvements such as swimming pools, sheds, garages, decks, patios and porches are approvable provided that the minimum setback requirements are met. The minimum setback requirements can be found at Distance Requirements (PDF) and Private Sewage Disposal Code (PDF).

If the property does not meet the conventional requirements of the Private Sewage Disposal Code and the existing septic system is found to function properly, a property may qualify for a one-time limited home addition. The limited home addition allows a building or property improvement of up to a 50 percent increase in the living space of an existing dwelling, with a maximum increase of 1,000 square feet, where there is no increase in the number of bedrooms.

How can I request a presentation about this grant opportunity?

Department of Health staff are available to meet with homeowner associations, community leaders and community interest groups to present information about the Bay Restoration Fund. To schedule a presentation, call the Department of Health at 410-222-7324.

For More Information, Contact:

Sanitary Engineering Program
Bureau of Environmental Health
Anne Arundel County Department of Health
3 Harry S. Truman Parkway
Annapolis, Maryland 21401
410-222-7193