Rule 600-6-1-.05 - General Terms and Conditions of BMP Program(1) Funding - Funds available to the Commission to provide financial incentives for the BMP program shall be as appropriated or otherwise made available to the Commission. Agricultural procedures approved by the Commission for the BMP Program will receive up to 75% of the documented cost of construction or renovation up to the maximum cost-share benefit of $50,000 per applicant.(2) Application Procedure. (a) The Commission will accept applications from Eligible Recipients for participation in the BMP Program during a minimum of two sign up periods per calendar year, those periods being January 1 - January 31 and July 1 - July 31. Other application periods may be established based on availability of funds.(b) Applications shall be submitted in a format directed by the Commission and shall include at least the following information: (i) the name and address, tax identification number of the applicant and location of the farm where BMP Programs are to be implemented; and(ii) a complete description of the proposed BMP Programs and the timetable for accomplishing the project(s); and(iii) the anticipated costs of the BMP Programs to be implemented, and the percentage of such costs the applicant proposes to bear, which percentage shall not be less than 25%.(iv) In order to remain eligible for participation in the Program, the applicant shall cooperate with the Commission during the review process, and provide additional information as required, on-site access, independent verification of costs, etc.(c) An original and two copies of an application shall be submitted by the application deadline to one of the Commission's six (6) regional offices which has responsibility over the area in which the applicant's farm is located.(3) Review of Applications. (a) The initial review of an application shall be conducted by the Commission's regional office. The regional representative shall assemble all applications submitted for the relevant application deadline and transmit two copies of the application to the Executive Director of the Commission within sixty (60) days following the application deadline, along with recommended priority and award designations for inclusion in the Program.(4) Approval of Applications. (a) The Commission shall have the sole authority to approve or reject applications to participate in the Program.(b) The Commission shall endeavor to either accept or reject applications within one hundred twenty (120) days following the relevant application deadline submission of the application to the regional office but shall not be required to act within such one hundred twenty (120) day period. In the event the Commission does not accept an application within such one hundred twenty (120) day period, the application shall be deemed to be denied unless the Commission later decides otherwise.(c) Applicants that are specifically approved for participation in the Program will be notified in writing by the Commission and be provided a Contract for Best Management Practices Incentives Program.(5) Obligations of Approved Applicants. (a) Applicants approved for participation in the Program shall have thirty (30) days from the date of the Commission's notification to execute and return the Commission's Contract for the Best Management Practices Incentives Program. December 9, 2001 35 Chapter 600-6-1 Agriculture Water Quality/Best Management Practice ("BMP") Incentives Program ("BMP"Program] (b)(i) Upon execution of the Contract, approved applicants shall diligently proceed with implementation of the subject Best Management Practices in order to complete the project(s) within the time frame set forth in the contract. Applicant agrees to operate and maintain the BMP Program Project(s) in good condition for a minimum of five (5) years following completion.(ii) Applicant shall provide the Commission with adequate information upon request by the Commission related to design and layout of the project(s), technical specifications, actual costs incurred and similar information. Applicant agrees to allow access to the farm for Commission inspectors.(c) Applicant agrees to forfeit all rights to payment of incentives under the Program and refund to the Commission all payments of incentives received thereunder upon failure to satisfy the requirements of these Rules or upon breach of the terms of the Contract.(d) Upon completion of the project the applicant shall so notify the Commission and provide receipts, details of in-kind contributions, final as-built specifications, as applicable, relevant other information requested by the Commission, and reasonable proof that the project was completed in accordance with specifications.(6) No Liability - The Commission and the Soil and Water Conservation Districts assume no liability for any activities associated with the BMP project(s).Ga. Comp. R. & Regs. R. 600-6-1-.05
O.C.G.A. Sec. 2-6-20.
Original Rule entitled "General Terms and Conditions of BMP Program" adopted. F. Nov. 19, 2001; eff. Dec. 9, 2001.