Solid Waste Planning Grant Guidelines

Solid Waste Planning Grant Guidelines A. Eligibility and Allocation of Funds (1) Ten percent (10%) of the amount deposited in the local governments solid waste assistance fund annually shall be set aside in a “solid waste planning grants fund.” This fund shall be used to make grants to counties, municipalities, regional solid waste management authorities, or other multi-county entities to assist in defraying the cost of preparing solid waste management plans as required by Section 17-17-227 of the Mississippi Code, Annotated. Such grants for purposes of these regulations shall be herein referred to as “planning grants.” (2) Any funds remaining in the solid waste planning grants fund at the end of the State Fiscal Year that are not awarded shall be deposited back into the Solid Waste Assistance Fund and shall be reallocated as described in Section 17-17- 65 of the Mississippi Code, Annotated. (3) Planning grant awards shall only be made to counties, municipalities, regional solid waste management authorities or other multi-county entities to conduct planning efforts involving the comprehensive development or comprehensive update of a local solid waste management plan. No planning grant shall be awarded for conducting efforts involving only amendments or modifications to a local plan, such as the addition of a new facility or program, the change in service area for a facility, or other limited planning modifications that are not comprehensive in scope. (4) No planning grant shall be awarded to a county or municipality that is a member of a regional solid waste management authority or other multi-county entity, unless that county or municipality has formally withdrawn from the authority or multi-county entity in a manner consistent with the applicable sections of state law. (5) Planning grants may be used to defray the costs of preparing and developing a local solid waste management plan, where the employee, person, contractor, or organization developing the plan has obtained approval from the Department to prepare such comprehensive solid waste plans in the State of Mississippi. A grant applicant may select an approved person or organization to conduct the local planning efforts from a listing maintained by the Department. Inclusion of persons or organizations on the listing shall be based upon the presentation of credentials demonstrating knowledge and expertise of solid waste planning in Mississippi and upon other information determined necessary by the Commission. Persons that are denied inclusion on the listing may appeal such decision to the Mississippi Commission on Environmental Quality. (6) Whether an applicant chooses to utilize internal resources or contractual resources to conduct the planning project, the planning project costs eligible for grant funding shall generally be limited to the following: (a) the salary of the personnel directly involved in the collection of planning information and in preparing the plan, for only that time expended in the development of the plan, (b) the associated travel costs of appropriate personnel for only that travel that directly relates to the collection of information to develop the plan, (c) the costs of formally adopting the plan including the costs of public notice and hearing and other associated expenditures related to complying with the procedures outlined in state law and regulations for adoption of local solid waste management plans, and (d) other miscellaneous costs such as publication costs, survey costs, mailing and delivery costs, and other items directly related to collecting information and preparing the plan. Project costs must be specifically disclosed and justified in the proposed budget submitted with the grant application as described in Rule 3.3(B)(2). (7) No grant shall be awarded under this program for the purchase or lease of equipment or other property. B. Grant Application Procedures In order to receive consideration for a grant award from the Commission on Environmental Quality, counties, municipalities, regional solid waste management authorities and other multi-county entities shall submit an application as per the following procedures: (1) The Department may receive planning grant applications at any time, but not later than April 30 of the funding year. All applications received before that date will be evaluated for consistency with these regulations, subject to the availability of funds. (2) Grant applications shall be submitted on a form provided by the Department and shall include a narrative description of the scope of work and an itemized budget for the planning project. The itemized budget shall indicate the overall total costs of conducting the planning effort and the amount of grant funds proposed to be applied towards the total cost of the planning effort. (3) Grant applicants that propose to utilize contractual assistance in preparing the plan shall include the name, the contact information, and the primary person(s) of contact for the contractor selected by the applicant and the reasons for the selection of the contractor. (4) Unless specifically approved by the Commission, applicants shall be limited to the following grant funding levels: (a) For counties, municipalities, regional solid waste management authorities, or multi-county entities whose latest census population is 75,000 or greater, the maximum funding level shall not exceed 50% of the total costs of conducting the planning project. (b) For counties, municipalities, regional solid waste management authorities, or multi-county entities whose latest census population is 25,000 or greater but less than 75,000, the maximum funding level shall not exceed 60% of the total costs of conducting the planning project. (c) For counties, municipalities, regional solid waste management authorities, or multi-county entities whose latest census population is less than 25,000, the maximum funding level shall not exceed 75% of the total costs of conducting the planning project. (d) For counties, municipalities, regional solid waste management authorities, or other multi-county entities that are deemed to be economically disadvantaged communities, the maximum funding level may be up to 90% of the total costs of conducting the planning project. For the purposes of these regulations, an economically disadvantaged community shall be defined as one that meets at least one of the following criteria: (1) The county has an annualized unemployment rate that is 200% of the state unemployment rate as determined by the Mississippi Employment Security Commission’s most recently published data, or (2) 30% or more of the population of the county is at or below the federal poverty level, based on data compiled in the most recent federal census. Local governments applying for funding as economically disadvantaged communities must demonstrate in the grant application that the community meets at least one of these criteria. (5) Applications shall be evaluated and ranked with preference for approval based on the following factors: (a) Circumstances have occurred where no approved solid waste plan exists for the jurisdictional area of the applicant. (b) The proposed planning project is the result of an order or directive of the Commission on Environmental Quality. (c) The level of need of the local planning project is greater than for other proposed projects. (d) The applicant has not been previously funded under this grant category. When funds requested exceed funds available, the ranking factors above maybe used to determine which projects are awarded grant funding. However, the Commission, in its discretion, may also apportion available funding to all applicants in a fair and equitable manner when the factors above do not yield clear award preferences. Such apportionment shall be made utilizing the maximum funding percentages of Rule 3.3(B)(4) as guidance. 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 planning project is not consistent with these regulations or with State laws or regulations governing the development of a local solid waste management plan; (b) the Department determines that the applicant has failed to provide a complete grant application as per Rules 3.3(B)(1) and/or (2); (c) the applicant is in violation of, or delinquent on any condition of a previously awarded grant by this Department; (d) the applicant has deliberately falsified information submitted as part of the grant application; (e) the Department determines that the applicant has proposed expenditures for grant project activities or components that are unnecessary or that exceed the usual and customary costs for such activities or components; (f) there are insufficient grant funds in the solid waste planning grants fund; (g) the grant application is ranked lower by the Department than other proposals based on the factors described in Rule 3.3(B)(5); and (h) other appropriate factors as determined by the Commission on Environmental Quality. (2) Should the Department 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 Award (1) The grantee shall comply with all applicable procurement and purchasing regulations established pursuant to state law. (2) The grantee shall ensure that the development and adoption of the local solid waste management plan shall be conducted in a manner consistent with the applicable state laws and regulations and with the comprehensive planning guidance provided by the Department for the development of a local solid waste management plan. (3) Upon completion of the grant project and adoption of the resulting plan, the grantee shall provide three official copies of the local solid waste management plan to the Department for review and consideration. Two of the copies shall be hard copies of the plan and one copy shall be an electronic version. The grantee shall also retain a sufficient number of copies of the plan for its own continual review and implementation. (4) At the discretion of the Commission, monies which are unspent after the grant expiration date shall be forfeited back to the solid waste planning grants fund. (5) The grantee's matching share, if applicable, shall be expended or committed in proportion to the release of state grant funds. (6) A summary report shall be prepared and submitted to the Department with each reimbursement request, detailing the cost of the planning project and a summary of the activity conducted during the payment period. (7) The Commission may include other conditions as part of the grant award, which are determined necessary to ensure that the planning provisions of state law and regulations are followed. APPENDIX Intergovernmental Review Process 1. If the applicant proposes new facilities for construction and/or use, the following agencies shall be consulted prior to the formal submittal of a grant application concerning the proposed site location and the existence of any known or possible archaeological/cultural sites, endangered wildlife, wetlands, shellfish/coastal program impacts: (a) Mississippi Department of Archives & History (For archaeological/cultural review); (b) Mississippi Natural Heritage Program (For endangered wildlife review); (c) U.S. Army Corps of Engineers (For wetlands review); (d) Mississippi Department of Marine Resources (For shellfish/coastal review - Jackson, Harrison, and Hancock County projects only). 2. Where applicable, a written description of the project plan shall be submitted to the agencies listed in this section with a request for written comments and a determination on any required surveys, permits, or other actions. Documentation of the applicant's request for comments, and any comments received in response to such request, shall be attached with the grant application, as required in Section B.1.c of these regulations.