8 CAR § 61-404. Eligibility for grant funding

(a) Funds disbursed prior to August 16, 2013, are part of the Recycling Grants Program and are subject to the requirements in this section. (b) 8 CAR §§ 61-404 – 61-409 do not apply to funds disbursed under the distribution program described in 8 CAR § 61-402. (c) Eligible entities. The following entities are considered eligible to receive grant funds: (1) Cities and counties. Duly incorporated cities and towns and county governments of the State of Arkansas; (2) Solid waste authorities. Authorities incorporated under the Joint County and Municipal Solid Waste Disposal Act, Arkansas Code § 14-233-101 et seq.; (3) Regional solid waste management boards. Regional solid waste management boards formed pursuant to Arkansas Code § 8-6-701 et seq., which have entered into agreements pursuant to Arkansas Code § 8-6-701 et seq., and are empowered to administer a grant award pursuant to the requirements of the Solid Waste Management and Recycling Fund Act, Arkansas Code § 8-6-601 et seq.; (4) Subordinate service districts. Subordinate service districts which are formed pursuant to Arkansas Code § 14-14-708 et seq., and are empowered to administer a grant award pursuant to the requirements of the Solid Waste Management and Recycling Fund Act, Arkansas Code § 8-6-601 et seq.; (5) Multi-county or multi-regional projects, provided that concurrent resolutions regarding the joint application have been adopted by participating regional solid waste management boards and that a joint application is signed by the board chair for each regional solid waste management district; and (6) Partnerships between public entities and private recycling interests. Public entities identified herein partnered with private recycling interests to provide recycling services, provided that the public entity maintains ownership of facilities and equipment purchased with grant funds and that the public entity assumes responsibility for meeting the requirements of this part. (d) Eligible activities, projects, and programs. The following activities, projects, or programs, in addition to other activities that support the objectives of increasing and improving recycling as a waste management strategy, consistent with the intent of the Solid Waste Management and Recycling Fund Act, Arkansas Code § 8-6-601 et seq., are eligible for grant funding: (1)(A) Solid waste planning. (B)(i) Planning studies are eligible for funding if an applicant’s proposed study meets the solid waste planning requirements of: (a) The Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., and the Statewide Solid Waste Management Plan Act, Arkansas Code § 8-6-1901 et seq.; (b) Solid Waste Management Rules, 8 CAR pt. 60; and (c) The Minimum Requirements for Regional Solid Waste Management District Plans as set forth in the Statewide Solid Waste Management Plan. (ii) The funded planning study must include goals for the diversion of recyclable materials from disposal at landfills or incinerators and must set out methods for increasing recycling in the study area. (iii) Only first-year costs for planning staff are eligible. (iv) Regional solid waste management boards may expend an amount equal to no more than ten percent (10%) of their administrative allocation for plan updates; (2)(A) Recycling or composting equipment and material recovery facilities. (B)(i) Recycling equipment and recycling facilities are eligible for funding if existing facilities and equipment do not provide adequate and efficient service for the project area. (ii) The facilities must meet the objectives of the solid waste management plan for recycling facilities. (C) Composting facilities and equipment are also eligible. (D) Equipment is to be used no less than fifty percent (50%) of the time on recycling activities or other grant-funded projects. (E) Applicants shall provide information that reasonably demonstrates that existing mechanical processing equipment or facilities are not serving or could not serve the relevant area. (F) The applicant must describe in detail the equipment to be purchased and explain why the applicant has concluded that such equipment is not available in the private sector; (3)(A) Solid waste education and public awareness programs. (B) Education and public awareness activities and materials are eligible if, in accordance with the legislative intent of the Solid Waste Management and Recycling Fund Act, Arkansas Code § 8-6-601 et seq., they are part of a plan for introducing or promoting recycling, composting, or other solid waste management practices that: (i) Divert wastes from landfills; (ii) Encourage waste reduction; and (iii) Stimulate demand for products produced from recycled materials; (4)(A) Transfer stations. (B) Waste transfer stations which accept three (3) or more recyclable materials, as identified in Rules of the State of Arkansas for County Recycling Programs, 8 CAR pt. 63, are eligible for funding; (5)(A) Recycling programs. (B) Recycling activities that meet the intent and requirements of the Solid Waste Management and Recycling Fund Act, Arkansas Code § 8-6-601 et seq., are eligible for funding; (6)(A) Waste reduction activities. (B) Other waste stream reduction activities that divert the flow of materials away from landfills to be put to beneficial use are eligible for funding; and (7)(A) Recycling system activities. (B) Activities that support and are an integral part of a recycling system, including without limitation, operation, construction, and logistical systems, are eligible for funding.