250-RICR-150-20-7
250-RICR-150-20-7. Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program (version Periodic Refile, 12/31/2001 to 12/31/2001)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
BUREAU OF NATURAL RESOURCES
FISH AND WILDLIFE
RULES AND REGULATIONS
For
RI CLEAN VESSEL ACT
PUMPOUT GRANT PROGRAM
These regulations are adopted pursuant to
Public Law 102-587, Subtitle F
November 9, 1993
AUTHORITY: These regulations are adopted pursuant to Chapters 20-1, 42-17.1, 46-12, and 42-35 of
the General Laws of Rhode Island, 1956, as amended.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
BUREAU OF NATURAL RESOURCES
FISH AND WILDLIFE
RI Clean Vessel Act - Pumpout Grant
1
RULES AND REGULATIONS
For
RI CLEAN VESSEL ACT
PUMPOUT GRANT PROGRAM
TABLE OF CONTENTS
1.00 AUTHORITY AND PURPOSE........................................................................................................................................3
1.01
STATUTORY BASIS .......................................................................................................................................................3
1.02
PURPOSE........................................................................................................................................................................3
2.00
DEFINITIONS ..................................................................................................................................................................3
3.00 ALLOCATION BETWEEN PROJECTS........................................................................................................................4
3.01
CONSTRUCTION OF NEW PUMPOUT FACILITIES AND DUMP STATIONS....................................................................4
3.02
RENOVATION/EXPANSION OF EXISTING PUMPOUT STATIONS ...................................................................................4
3.03
OPERATING AND MAINTENANCE SUBSIDIES...............................................................................................................4
3.04
ALL OTHER ELIGIBLE PROJECTS.................................................................................................................................4
4.00
ALLOCATION OF FUNDS ...........................................................................................................................................4
4.01
MAXIMUM GRANT AWARD..........................................................................................................................................4
4.02
ALLOCATION BY SELECTION ROUND...........................................................................................................................5
5.00
APPLICATION PROCEDURES ...................................................................................................................................5
5.01
FORMS AND INSTRUCTIONS .........................................................................................................................................5
5.02
FILING............................................................................................................................................................................5
5.03
RECORDING....................................................................................................................................................................5
5.04
FILING DEADLINE..........................................................................................................................................................5
6.00
ELIGIBILITY....................................................................................................................................................................5
6.01
ELIGIBLE PROJECTS AND COSTS..................................................................................................................................5
6.02
INELIGIBLE PROJECTS AND COSTS...............................................................................................................................6
6.03
ELIGIBLE APPLICANTS..................................................................................................................................................6
7.00
APPLICATION REVIEW AND GRANT AWARD CRITERIA...............................................................................6
7.01
REVIEW..........................................................................................................................................................................6
7.02
CRITERIA .......................................................................................................................................................................7
8.00
GRANT AWARD PROCEDURES................................................................................................................................8
8.01
FINAL DETERMINATION................................................................................................................................................8
8.02
ADJUSTMENTS..............................................................................................................................................................8
8.03
GRANT AWARD AGREEMENT......................................................................................................................................8
8.04
ENGINEERING AND DESIGN...........................................................................................................................................8
8.05
FINAL DESIGN................................................................................................................................................................8
9.00
GRANT TERMS AND CONDITIONS.........................................................................................................................8
9.01
PROJECT PERIOD...........................................................................................................................................................8
9.02
FEES...............................................................................................................................................................................8
9.03
AVAILABILITY...............................................................................................................................................................9
9.04
DESIGN...........................................................................................................................................................................9
9.05
OPERATION AND MAINTENANCE .................................................................................................................................9
9.06
REGULATIONS AND PERMITS........................................................................................................................................9
RI Clean Vessel Act - Pumpout Grant
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9.07
SIGNAGE.......................................................................................................................................................................10
9.08
FINANCIAL MANAGEMENT AND RECORD KEEPING...................................................................................................10
9.09
PROCUREMENT OF GOODS AND SERVICES ................................................................................................................11
9.10
PENALTIES...................................................................................................................................................................11
10.00
REIMBURSEMENTS PROCEDURES .......................................................................................................................11
10.01
REIMBURSEMENTS......................................................................................................................................................12
10.02
REIMBURSEMENT RATE..............................................................................................................................................12
10.03
COST OVERRUNS ........................................................................................................................................................12
10.04
DOCUMENTATION .......................................................................................................................................................12
11.00
DISCLAIMER.................................................................................................................................................................12
11.01
OWNERSHIP .................................................................................................................................................................12
11.02
LIABILITY.....................................................................................................................................................................12
12.00
EDUCATION AND INFORMATION.........................................................................................................................12
13.00
SEVERABILITY.............................................................................................................................................................13
14.00
ADOPTION AND FILING............................................................................................................................................14
RI Clean Vessel Act - Pumpout Grant
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
BUREAU OF NATURAL RESOURCES
FISH AND WILDLIFE
RULES AND REGULATIONS
For
RI CLEAN VESSEL ACT
PUMPOUT GRANT PROGRAM
1.00 AUTHORITY AND PURPOSE
1.01
Statutory Basis
These regulations are adopted pursuant to Chapters 20-1, 42-17.1, 46-12, and 42-35 of the
General Laws of Rhode Island, 1956, as amended.
1.02
Purpose
These regulations are intended to (a) assure the protection of public health, safety, and
welfare as well as improve water quality and the fish and wildlife of the state; and (b)
establish a means by which the Department of Environmental Management may administer to
qualified marina owner/operators partial funding in the form of grants for the purpose of the
construction, renovation, operation, and maintenance of marine pumpout and dump stations
designed to service Type III marine sanitation devices installed on recreational vessels.
2.00
DEFINITIONS
Whenever used in these regulations, the following terms shall have the following meanings:
(1)
“Department” means the Rhode Island Department of Environmental Management (DEM);
(2)
“Director” means the Director of the Department of Environmental Management or his/her
subordinates to whom the Director has delegated the powers and duties vested in the
Director by these regulations. The terms Department and Director may be used
interchangeably unless clearly indicated otherwise by the context of the sentence in which it
appears;
(3)
“Division” means the Division of Fish and Wildlife, of the Department of Environmental
Management;
(4)
“Dump station” means an upland or floating facility specifically designed to receive wastes
from portable toilets carried on recreational vessels, and does not include restroom facilities;
(5)
“Marina” means a berthing, mooring, or boat service facility, whether publicly or privately
held;
(6)
“Non-Transient, or Parking lot harbor” means a harbor that is home port to many boats kept
on swing moorings or in marine docks. Most of the time, most of the boats are unoccupied
and unused;
(7)
“Portable toilet” means toilets that are not installed toilets. They are designed to be removed
from a vessel and their contents emptied into shoreside receptacles;
(8)
“Project” means any expenditure described in Part 3.00 through 3.04 inclusive for which
financial assistance is provided pursuant to these regulations;
(9)
“Pumpout station” means a stationary (fixed base) facility that pumps or receives human
RI Clean Vessel Act - Pumpout Grant
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body wastes out of Type III marine sanitation devices installed onboard recreational vessels,
provided that certain mobile pumpout vessels may be employed to convey waste from
moored vessels to the stationary facility.
(10)
“Recreational vessel” means a vessel (a) manufactured for operation, or operated, primarily
for pleasure; or (b) leased, rented, or chartered to another for the latter’s pleasure;
(11)
“Transient harbor” means a ‘destination’ harbor where boaters go during the day trips or
berth overnight;
(12)
“Type III marine sanitation device (holding tank)” means any equipment for installation
onboard a recreational vessel which is specifically designed to receive and retain human body
wastes.
(13)
“Responsible party” means any person, partnership, corporation, or other legal entity which
is the recipient of financial assistance pursuant to these Regulations or any person,
partnership, corporation or other legal entity which is an owner, devisee and/or transferee of
a Project, during the project period as defined in part 9.01 through 9.12 inclusive of these
Regulations.
3.00 ALLOCATION between PROJECTS
3.01
Construction of New Pumpout Facilities and Dump Stations
In the awarding of grants, priority will be given to the funding of projects which provide for
construction, operation, and maintenance of new marine pumpout facilities and dump
stations in waterbodies identified as having unmet needs for such facilities in the “Pumpout
Siting Plan” of the Division of Water Resources of the Department of Environmental
Management. (A copy of the plan is attached hereto and incorporated by reference.)
3.02
Renovation/Expansion of Existing Pumpout Stations
Second priority will be given to funding projects which expand the capacity of existing
marine pumpout facilities and dump stations located on waterbodies identified as having
unmet pumpout needs in the “Pumpout Siting Plan”.
3.03
Operating and Maintenance Subsidies
Third priority will be given to the funding of projects which support the cost of operating
and maintaining existing marine pumpout facilities or dump stations which comply with the
eligibility requirements of this program, are operating at a net loss, and are located on
waterbodies identified as having unmet needs for such facilities in the “Pumpout Siting Plan”.
3.04
All Other Eligible Projects
Fourth priority will be given to projects which are otherwise eligible, but which are located in
waterbodies already serviced by at least the minimum number of necessary pumpout
facilities and dump stations as identified in the “Pumpout Siting Plan”.
4.00
ALLOCATION OF FUNDS
4.01
Maximum Grant Award
The maximum amount that may be awarded for any single project shall not exceed the lesser
of fifteen thousand dollars ($15,000), or 75% of the total costs of a project whose eligible
components shall not exceed twenty thousand dollars ($20,000) in the aggregate. The
Director may, however, at his or her sole discretion, award additional sums, not to exceed
75% of total approved project costs, where so doing is required to affect the purposes of
these regulations as set forth in Section 1.02.
RI Clean Vessel Act - Pumpout Grant
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4.02
Allocation by Selection Round
For the period ending on October 31, 1993, a total of thirty thousand dollars ($30,000) shall
be available to support grants under these regulations. The maximum amount of grant funds
available to support subsequent annual grant rounds will be determined based on the amount
of funds awarded to the Department of Environmental Management by the U.S. Fish and
Wildlife Service for the purposes set forth in Section 1.02.
5.00
APPLICATION PROCEDURES
5.01
Forms and Instructions
Applications for grants shall be submitted to the Division on forms approved by it. These
shall be available upon request from the Division at 4808 Tower Hill Rd., Wakefield, RI
02879.
5.02
Filing
Applications must be filed with and received by the Division within the prescribed period for
each selection round.
5.03
Recording
Applications will be accepted by the Division any business day between 8:30 AM and 4:00
PM, up to the filing deadline, and shall be date and time stamped upon receipt. Applications
may be hand delivered or mailed, and will be deemed filed on the date received and time
stamped.
5.04
Filing Deadline
The Director shall set a filing deadline for receipt of applications for each selection round.
Applications received after the filing deadline will not be considered for funding during that
round and will be returned to the applicant without prejudice. Such applications may be
resubmitted during a subsequent selection round.
6.00
ELIGIBILITY
6.01
Eligible Projects and Costs
The following projects and costs are eligible for funding pursuant to these regulations:
6.01.1 The engineering design, construction, renovation, operation, and maintenance of
marine pumpout stations and/or dump stations, which are open to all members of
the recreational boating public on a non-discriminatory and equal basis.
6.01.2 Equipment and materials necessary to hold sewage collected at pumpout and dump
stations and/or employed to connect such stations to the nearest sewers, including
holding tanks, pumps, and piping, provided that when ineligible facilities such as
restrooms or showers are serviced by the same holding tanks or sewer connections
only that pro rata share of capacity required by the pumpout or dump station is
eligible for funding.
6.01.3 Equipment necessary to allow public sewage treatment plants to accept such
sewage, except for bleed-in facilities.
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6.01.4 For approved projects only, the cost of preparing plans and/or obtaining required
regulatory permits, including permit fees, for any of the above.
6.02
Ineligible Projects and Costs
The following projects and costs are ineligible for funding pursuant to these regulations:
6.02.1 Pumpout and dump stations which are operated for the exclusive use of marina
patrons or members of a club or association and which are not accessible to the
general public on an equitable basis.
6.02.2 Portable dockside pumpout units, carts or tanks.
6.02.3 Construction, renovation, operation, and/or maintenance of restroom facilities and/or
showers.
6.02.4 Construction, renovation, operation, and/or maintenance of on-site septage disposal
systems such as package treatment facilities or conventional septic tanks, fields
and/or galleys (ISDS).
6.02.5 Truck hauling of septage wastes from holding tanks to public sewage treatment
plants.
6.02.6 Extensions of existing public sewage systems.
6.02.7 Bleed-in facilities at public sewage treatment plants.
6.02.8 Construction, renovation, operation, and/or maintenance of any dock, pier, or other
improvement not dedicated to, nor directly required to support the operation of an
eligible pumpout or dump station.
6.02.9 Dredging and/or dredge spoil disposal.
6.02.10 Landscaping.
6.02.11 Any cost, except those provided for under 6.14, incurred by an applicant prior to a
grant award.
6.03 Eligible Applicants
Only owners of any Rhode Island marinas, as herein defined, may apply for grants to
support projects, which must be located at that marina. A non-owner operator may apply
for such a grant, but only if the owner countersigns the application and the Grant Award
Agreement.
7.00
APPLICATION REVIEW AND GRANT AWARD CRITERIA
7.01
Review
The staff of the Division of Fish and Wildlife, will review applications and may return or
disqualify those that are incomplete or which fail to meet eligibility criteria set forth in these
regulations.
RI Clean Vessel Act - Pumpout Grant
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7.02
Criteria
An Awards Advisory Committee shall be appointed by the Director and shall consist of a
representative of the Division of Fish and Wildlife, the Division of Water Resources, and the
Rhode Island Marine Trades Association. The committee shall review all complete
applications according to the following criteria:
7.02.1 Is the proposed facility located in a waterbody identified as requiring additional
pumpout capacity in the Division of Water Resources “Pumpout Siting Plan”? (copy
attached)
7.02.2 Have the projected pumpout needs of that waterbody as identified in the “Siting
Plan” already been met? In other words, are a sufficient number of pumpouts
already in place?
7.02.3 Is the application for a new facility?
7.02.4 Is the application for renovating an existing facility?
7.02.5 Is the application for a pumpout?
7.02.6 Is the application for a dump station?
7.02.7 Is the application for operating and maintenance funding only?
7.02.8 In situations where a direct connection to a sewer line is possible, is it proposed?
7.02.9 Are facility components, particularly those which could limit capacity such as
pumps and holding tanks, large enough to accommodate projected demand (based
on industry standards and norms)?
7.02.10 Has a safe, reliable and sanitary means of collecting, storing, and transporting waste
been identified?
7.02.11 Is the proposed facility conveniently located relative to concentrations of recreational
vessels?
7.02.12 Is channel access, maneuvering room, and water depth sufficient to accommodate
the maximum range of vessel size and draft?
7.02.13 Are proposed days and hours of operation sufficient and convenient? Will the
facility be available during a substantial portion of the normal boating season?
7.02.14 Does the project incorporate unnecessary or ineligible components or frills?
7.02.15 Will the facility be available on a fair and equitable basis to all members of the
recreational boating public?
7.02.16 Have necessary permits been obtained?
7.02.17 Will significant numbers of recreational fishermen be accommodated?
7.02.18 Have adequate and appropriate operating and maintenance procedures been
RI Clean Vessel Act - Pumpout Grant
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identified?
8.00
GRANT AWARD PROCEDURES
8.01
Final Determination
The Awards Advisory Committee shall forward its recommendations to the Director, who
may reject, adopt or adopt with modifications the committee’s recommendation.
8.02
Adjustments
The Director, with the advice of the Committee, shall have the authority to adjust grant
awards so that no one community, waterbody, or marina receives a disproportionate amount
of the funds available and so that a reasonable geographic distribution of funds is achieved,
all in conformance with the “Pumpout Siting Plan”.
8.03
Grant Award Agreement
The Notice of Award shall be by registered mail, return receipt, and shall be accompanied by
a Grant Award Agreement which will set forth grant terms, schedules and conditions
consistent with these regulations. The Grant Award Agreement shall be signed by the
applicant before a notary and shall be a binding legal contract, enforceable at law.
8.04
Engineering and Design
Upon receipt by the Division of the signed Grant Award Agreement, the applicant may retain
engineering or design services which will be reimbursed as provided for in the Grant Award
Agreement.
8.05
Final Design
Prior to ordering or purchasing equipment or contracting for construction services, the
applicant must submit and the Division must approve construction-ready design drawings,
detailed equipment specifications, projected costs for all project components, and copies of
all required permits. Cost projections must have been obtained in accordance with the
procurement procedures that are described in Section 9.09 of these regulations.
9.00
GRANT TERMS AND CONDITIONS
9.01
Project Period
9.01.1
The beginning date of a project will normally be the date of approval by the
Director. The Grant Award Agreement will specify the date by which the
construction phase of the project must be completed. The operations phase of
the project shall expire ten years after the date on which construction is
completed.
9.01.2
The grantee’s obligations during the project period shall be binding upon
subsequent owners, devisees and/or transferees until the project period expires.
9.02
Fees
9.02.1
No more than five dollars ($5.00) may be charged for a single use of a
pumpout or dump station funded by this program, up to a maximum of 30
gallons of sewage discharged.
RI Clean Vessel Act - Pumpout Grant
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9.02.2
Vessels discharging more than thirty (30) gallons of sewage may be charged
higher fees based on the volume of sewage received, provided that such fees
must first have been approved by the Division as reasonable and posted at the
pumpout station.
9.02.3
Pumpout vessels must have entered into contracts with one or more pumpout
stations, with the fee to be charged per gallon of sewage negotiated between
the parties.
9.02.4
All users must be charged the same fee per gallon of waste discharged.
9.03
Availability
9.03.1
Facilities must be equally available, to all recreational boaters, including those
with physical handicaps, on a non-discriminatory first-come, first-served basis.
9.03.2
Facilities must be conveniently located, open according to a posted schedule
during convenient hours, and for a substantial portion of the normal boating
season as to reasonably accommodate the boating public and encourage use.
9.04
Design
9.04.1
All funded improvements must be designed and constructed so as to be capable
of being operated and maintained in a reliable, efficient, convenient, safe,
sanitary, and environmentally benign manner during a ten year useful lifetime.
9.04.2
All components must be adequately sized to accommodate projected peak
demands.
9.05
Operation and Maintenance
9.05.1
An operations and maintenance plan and schedule must be submitted and
approved.
9.05.2
Maintenance includes both routine recurring custodial care and upkeep and
non-routine cyclical (major) maintenance, as well as the supplies, materials, and
tools necessary to carry out such work.
9.05.3
The grantee must obtain the prior approval of the state before revising the
scope or objectives of an approved project, regardless of whether this would
effect budgeted expenditures.
9.06
Regulations and Permits
9.06.1
It remains the applicant’s responsibility to obtain all appropriate and required
federal, state, and local permits and approvals before commencing any
construction or alteration funded under this program.
9.06.2
Approval of a grant does not constitute a waiver of any regulatory requirement
RI Clean Vessel Act - Pumpout Grant
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or a finding of regulatory compliance.
9.06.3
The applicant will be required to certify compliance with a variety of federal
laws and standards as identified in OMB Circular No. 0348-0042, a copy of
which is attached. (Note, certain of these assurances may not be applicable to
any given project).
9.07
Signage
9.07.1
All facilities must be properly identified with appropriate signage that indicates
necessary operational information such as fees, hours of operation, operating
instructions, contact names and phone numbers.
9.07.2
Signs must acknowledge funding support pursuant to the Clean Vessel Act and
the Sport Fish Restoration Act.
9.08
Financial Management and Record Keeping
9.08.1
Grant recipients will be required to maintain accurate, current, and complete
financial records, which are sufficient in detail and substance to clearly
establish that grant funds have been properly expended for approved grant
purposes. Recipients are required to present these financial records to the
Division upon request.
9.08.2
Accounting records must be supported by source documentation, which shall
include but is not limited to cancelled checks, paid bills, payrolls, time and
attendance records, contract and sub-contract award documents, etc.
9.08.3
Actual grant expenditures or outlays must reflect budgeted amounts. Prior
approval is required before revising the approved project budget in any way
that would result in the need for additional funds.
9.08.4
All fees charged to users are to be retained, separately accounted for, and used
exclusively to defray operation and maintenance costs of the facility and
equipment funded by a grant under this program. Additional financial
assistance to defray operating and maintenance costs may be provided, but
only where the applicant’s financial records establish that such costs exceed
fee revenues. Fee revenues in excess of funds necessary to operate and
maintain facilities and equipment in any given calendar year shall revert to the
state at the end of that calendar year for reinvestment in this grant program.
9.08.5
All grant project records must be retained and available on reasonable notice for
inspection by state or federal auditors for three years after the final grant
disbursement (reimbursement) has been made. However, if any litigation,
claim, negotiation, audit, or other action involving such records has been
started prior to the expiration of this three-year period, the records must be
maintained until that action is completed. Records of fee receipts and/or
ongoing expenditures for operations and maintenance must be retained for three
years after the year in which the fees were collected and/or expenditures
incurred.
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9.09
Procurement of Goods and Services
9.09.1
The applicant will be required to demonstrate that he has pursued all reasonable
and prudent measures to obtain the best available price for any equipment,
goods, or services, including construction services, proposed to be funded
under this grant program.
9.09.2
Purchase of engineering and design services must be supported by written
proposals and rate quotations obtained from as many qualified sources as
practical. However, the selection of the preferred vendor may be based on an
evaluation of qualifications as well as price for service.
9.09.3
Purchase of equipment, fixtures, materials, and/or supplies must be supported
by rate quotations obtained from as many qualified sources as practical. Single
source price quotations will only be accepted where no other qualified source is
available.
9.09.4
Purchase of construction services must be supported by written and binding
cost estimates or bids obtained from as many qualified sources as practical.
These estimates or bids must clearly set forth the cost to be charged for labor
and, separately, for all equipment and fixtures to be installed and materials
employed by the contractor. Single source bids will only be accepted where no
other qualified bidder is available.
9.09.5
Qualified minority enterprises must be afforded an opportunity to submit
proposals, rate quotations, and/or bids for any equipment, goods, or services
funded under this grant program. A list of qualified minority enterprises, by
specialty area, will be provided to applicants.
9.10
Penalties
9.10.1
If a grantee materially fails to comply with any term of an award, including
most particularly those which are described in this document, the state may, at
its discretion, take one or more of the following actions, as appropriate in the
circumstances:
(1) Cash payments (reimbursements) may be temporarily withheld pending
correction of the deficiency;
(2) Reimbursement for all or part of the cost of a non-complying, unapproved,
or ineligible activity or action may be disallowed (denied);
(3) The grant award may be wholly or partly suspended or terminated and
efforts initiated to recover grant funds already expended in cases of serious
or deliberate non-compliance, fraud, or abuse.
9.10.2
The grantee will be afforded a reasonable opportunity to come into compliance
before any of these sanctions all applied and will have an opportunity for
administrative appeal through the Division of Administrative Adjudication before
any payment or award is permanently terminated or effort at cost recovery
initiated.
9.10.3
The Department may take the steps described in Section 9.10.1 and 9.10.2
without prejudice to the initiation of administrative and/or criminal proceedings
based upon a grant recipient’s alleged violation of his/her obligations pursuant
to these regulations or the Grant Award Agreement.
10.00 REIMBURSEMENTS PROCEDURES
RI Clean Vessel Act - Pumpout Grant
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10.01 Reimbursements
Grant awards will be paid out on a reimbursable installment as opposed to up front or lump
sum basis. One hundred percent (100%) of the cost of any eligible project expenditure must
have been paid out and documented by the grantee prior to submitting a request for
reimbursement of seventy-five percent (75%) of those costs.
10.02 Reimbursement Rate
Reimbursement will be at the rate of seventy-five percent (75%) of actual documented cost,
or estimated cost as identified in the approved project description (Section 8.05), whichever
is less.
10.03 Cost Overruns
Reimbursements in excess of estimated costs will only be processed where a compelling
reason for the cost overrun can be shown to exist, and then, only with the prior approval of
the Division.
10.04 Documentation
Documentation of expenditures for reimbursement purposes includes invoices marked as
“Paid In Full” and signed by an authorized representative of the vendor, and/or copies of
cancelled checks attached to the invoice which they paid, payroll records, and the like.
Unpaid bills may not be submitted for direct reimbursement to either vendor or grantee.
11.00 DISCLAIMER
11.01 Ownership
By awarding grants under these regulations neither the State of Rhode Island, nor the
Division of Fish and Wildlife assumes any ownership interest in a marina, its equipment or
facilities.
11.02 Liability
Similarly, neither the State nor the Division assume any liability, expressed or implied, for
property damage, injury, or death caused by or incidental to the construction, operation,
maintenance and/or use of any facility or equipment built or purchased with the assistance of
grant funds.
12.00 EDUCATION AND INFORMATION
12.01
The Department, through its various Divisions, will initiate all necessary and
appropriate measures to educate and inform marine operators as to the benefits of installing
marine pumpouts and dump stations, and as to the proper procedures for operating and
maintaining such facilities.
12.02
The Department will similarly educated and inform members of the recreational boating
public of the availability of marine pumpouts and dump stations and the benefits of using
such facilities on a regular basis.
12.03
The Department will cooperate with and to the maximum extent possible, coordinate its
education and information efforts and programs with recreational boating, environmental,
and marina operator groups and organizations.
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13.00 SEVERABILITY
If any section, paragraph, phrase, sentence, or clause of these rules and regulations is declared invalid
or unconstitutional for any reason, the remainder of the rules shall not be affected thereby.
14.00 ADOPTION AND FILING
The foregoing rules and regulations, after due notice and hearing, are hereby adopted and filed with
the Secretary of State this ____________day of ______________, 1993 to become effective twenty
(20) days thereafter, in accordance with the provisions of Section 42-44.1, 42-17.3, and 42-35 of the
General Laws of Rhode Island, 1956, as amended.
Louise Durfee, Director
Department of Environmental Management
Notice given on:
Hearing held on:
Effective: