8 CAR § 61-406. Responsibilities of district board

(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 Solid Waste Management and Recycling Fund Distribution Program described in 8 CAR § 61-402. (c) Regional plan. All projects approved by regional solid waste management boards for recycling grant funding in that regional solid waste management district must be compatible with the approved regional solid waste management district plan on file with the Division of Environmental Quality or must document to demonstrate why a deviation is necessary. (d) Administrative allocation. (1) Each regional solid waste management board shall ensure that no more than the administrative amount that was disbursed in a grant round is used for administrative expenses. (2) Each regional solid waste management district was allocated twenty-five percent (25%) of its annual grant funds for administrative purposes up to a statewide cap of five hundred thousand dollars ($500,000). (3) When twenty-five percent (25%) of the funds available in a given grant round exceeded five hundred thousand dollars ($500,000), the division determined the administrative allocation for each regional solid waste management district by utilizing the following formula to ensure the cap of five hundred thousand dollars ($500,000) was not exceeded: (A) Divide five hundred thousand dollars ($500,000) by the total amount of funds available in the grant round to derive the percentage to be used in determining the amount of administrative funds available for each regional solid waste management district; and (B) Multiply the percentage derived in subdivision (d)(3)(A) of this section by the amount allocated to each regional solid waste management district to determine each regional solid waste management district’s administrative allotment for a given grant round. (4)(A) For the purposes of the Recycling Grants Program, administrative expenses are expenses for the administration of the regional solid waste management district’s solid waste management plan and may include: (i) Recordkeeping; (ii) Periodic reporting requirements; (iii) Budgeting; and (iv) Other related activities. (B) Examples of administrative expenses include: (i) The salaries and fringe benefits of the regional solid waste management district director and other staff supporting the administration of the plan (including accounting, payroll and human resources, information technology, legal, and procurement functions); (ii) The cost of supplies and equipment used for administrative functions or activities; (iii) Rent, utilities, phone service, postage, and licenses associated with the administrative office of the regional solid waste management district; and (iv) Other expenditures approved by the division. (C) Examples of expenses not considered administrative expenses for the purposes of the Recycling Grants Program include, but are not limited to: (i) Solid waste plan development or updates. These expenses are defined through a separate grant category and are not considered an administrative expense; (ii) Solid waste education and public awareness. These expenses are defined through a separate grant category and are not included in the definition of administrative expenses; and (iii) Expenses directly related to recycling or waste reduction activities, including but not limited to: (a) Necessary salaries and wages with related fringe benefits; (b) Operating costs for collection or processing facilities; (c) Collection or processing equipment; (d) Insurance on collection/processing facilities and equipment; and (e) Costs to market materials. (e) Distribution within regional solid waste management district. (1) Regional solid waste management boards shall make distribution of grant funds to approved grant projects within their regional solid waste management district as scheduled in the grant application and subject to the grantee’s compliance with all grant conditions. (2) Funds shall not be disbursed by the regional solid waste management boards prior to the start of the project. (f) Adequate revenues. Regional solid waste management boards shall ensure that the grantee show that adequate revenues are being collected to support the long-term operation and maintenance of a grant-funded project prior to the disbursal of any grant funds. (g) Permits and licenses. Regional solid waste management boards shall ensure that the grantee has obtained all applicable federal, state, and local permits and licenses prior to disbursement of funds. (h) Equipment and facility purchasing. Regional solid waste management boards shall conform to, and ensure that all applicants conform to, all state laws that are applicable to the purchase, use, or sale of equipment and facilities secured with state funding including, but not limited to, state laws on commodity purchases and bids for construction by local governments. (i) Equipment usage. (1) Regional solid waste management boards shall ensure that facilities or equipment purchased with 2011 and 2012 recycling grant round funds disbursed by the regional solid waste management boards be used no less than fifty percent (50%) of the time on recycling activities or other grant-funded projects as specified in the grant application. (2) For 2010 and prior recycling grant round funds, facilities or equipment must be used exclusively for the project specified in the grant application. (3) Facilities or equipment purchased with grant funds shall not be sold, traded, or transferred except for the purpose of upgrading recycling facilities or improving recycling programs within the state, with the division’s written consent.