(A)(1)(a) and 3.1(A)(2) or a part of a grant awarded for the cost of

(A)(1)(a) and 3.1(A)(2) or a part of a grant awarded for the cost of employing a solid waste enforcement officer, described in Rule 3.2(A)(1)(d) and 3.2(A)(8). (6) Other Grant Guidelines (a) Generally, no grant shall be awarded under Rule 3.1(A)(3) and (4) for any activity, which receives less than 75% of its waste tires from Mississippi waste tire sites, retailers or residents. However, the Commission may consider requests for funding from applicants who do not meet this requirement contingent upon the applicant demonstrating that the activity does or will accept Mississippi waste tires and that the award of the requested funding would be in the best interest of the State of Mississippi. The burden of proof shall be on the applicant to demonstrate that eligibility requirements have been met. (b) No grant shall be awarded for the purchase or lease of equipment or other property, unless it can be demonstrated that such equipment or property is integral to the successful achievement of the overall goals of Rule 3.1(A)(1)(a), (b), or (c). (c) No grant shall be awarded to a local government under Rule 3.1(A)(3), (4), or (5), if it is determined that the local government has not developed an adequate local waste tire collection and clean-up program. (d) No grant shall be awarded if the grant is determined by the Department to be inconsistent with a local, solid waste management plan that has been submitted to and approved by the Commission. B. Grant Application Procedures (1) In order to receive consideration for a grant award from the Commission on Environmental Quality, persons or entities shall submit to the Department an application package, including an original and two (2) copies of a grant application. The application package shall contain the following items: (a) a completed grant application form, as provided by the Department; (b) a detailed narrative description of the proposed activity and discussion of the technical and economic feasibility of the project; (c) documentation of completion of the intergovernmental review process as described in the appendix to this rule, including copies of all intergovernmental review agency comments received; (d) a copy of all local, state, and federal permits to conduct the proposed activity; (e) all other forms, documents, and supporting information required by the Department. (2) Where funds requested exceed funds available, applications shall be evaluated and ranked, with preference for approval based on the following factors: (a) For local community waste tire collection and clean-up grants: (1) The applicant has not been previously funded or has not received funds during the current state fiscal year. (2) The project proposes to recycle waste tires for other uses rather than conducting activities which simply lead to the disposal of the tires. (3) The funds requested will be used as leverage, or matching for additional funds. (4) The project is proposed to serve an area that has inadequate waste tire management capacity. (5) The project proposes to process or manage a larger number of waste tires than other projects proposed. (b) For waste tire recycling/research grants: (1) The project proposes to recycle the whole tire rather than use only parts of the tire. (2) The project is an integral part of a county or regional waste tire management plan. (3) The funds requested will be used as leverage, or matching for additional funds. (4) The technical and/or economic merits of the project appear superior to other projects proposed. (5) The project is proposed to serve an area that has inadequate waste tire management capacity. (6) The project proposes to process or manage a larger number of waste tires than other projects proposed. (7) The project proposes to employ higher numbers of persons than other projects proposed. (8) The proposal is vital to the continuation and/or completion of an on-going research project. (9) The project is proposed by a university, college, other academic group, or public agency. (c) For tire-derived product grants: (1) The applicant has not been previously funded or has not received funds during the current state fiscal year. (2) The tire-derived product to be used is a newly developed product or has not previously been utilized in Mississippi. (3) The purchase of the tire-derived product will lead to the establishment or growth of efforts to manufacture the product in Mississippi. (4) The proposal is deemed to be creative and innovative and has a high potential for providing additional solutions to the problems of waste tire management. (5) The local government applicant has established an ongoing successful waste tire collection and clean-up program including an adequate number of collection sites and appropriate public outreach efforts. (d) For solid waste enforcement officer grants: (1) The applicant has established an ongoing, successful, local solid waste enforcement program. (2) The applicant has adopted enforceable and appropriate local dumping ordinances or laws. (3) The applicant has demonstrated a long term commitment of funding support to the employment and work efforts of a local solid waste officer, rather than for just the proposed grant period. (4) The applicant proposes an enforcement program that will serve a wider geographic area and/or a larger population base than other projects. (5) The applicant has established an ongoing successful waste tire collection and clean-up program including an adequate number of collection sites and appropriate public outreach efforts. C. Disapproval of Grant Applications (1) The Department may refuse to approve a grant application for any of the following reasons: (a) the Department determines that the project is not consistent with state law or with Rule 3.1(A) or (B) of these regulations; (b) the Department determines that the project is not consistent with the approved local solid waste management plan;. (c) the Department determines that, for those proposals involving incentive recycling projects, the project is not likely to result in the utilization of a manufactured product or recovered rubber, or the utilization of waste tires as a fuel or fuel supplement; (d) the Department determines that, for those proposals involving research and demonstration projects, the project is not directly related to solving a solid waste problem resulting from waste tires, or is not likely to result in solving the problem; (e) the Department determines that the applicant does not possess the required local, state, or federal permits necessary to construct or conduct the proposed activity; (f) the applicant is in violation of, or delinquent on, any condition of a previously awarded grant by this Department; (g) the applicant has been significantly or habitually in violation of environmental laws, regulations, or permits; (h) the applicant has deliberately falsified information submitted as part of the application; (i) the Department determines that the applicant has proposed expenditures for grant project activities or components that are unnecessary or that exceed the expected usual and customary costs for such activities or components. (j) the Department determines there are insufficient funds in the waste tire account.; and (k) the proposal ranks lower than other projects based on the factors described in Rule 3.1(B). (2) If the Department should refuse to approve a grant application for any reason, the applicant may request a hearing before the Commission in accordance with Section 49-17-35, Mississippi Code Annotated. D. Conditions of Grant Awards (1) Grants made to counties, municipalities or regional solid waste management authorities shall require compliance with all applicable procurement and purchasing regulations established pursuant to state law. (2) At the discretion of the Commission, monies which are unspent after the expiration date of the grant award shall be forfeited back into the waste tire account. (3) Grants made to any person or group which are awarded for less than 100% of the total estimated costs of the project shall ensure that the grantee's matching share is expended or committed in proportion to the release of state grant funds. (4) The Commission may include any other conditions as part of the grant award which it determines are necessary to reasonably manage the project and/or protect the environment. E. Reallocation of Funds The Commission, upon determination that unused grant funds are available in a particular category, may reallocate funds between the programs described in paragraph A.1 of this rule.