Ala. Admin. Code r. 335-4-10-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-4-10-.04 - Disbursement of Funds

(1) Partial reimbursement may be provided for the cost of processing scrap tire materials in the state of Alabama, which are derived from scrap tires originally generated in the state of Alabama, including those shown below with a contract for the sale of the product. Reimbursement shall not exceed 25% of monies deposited in the Scrap Tire Fund during the previous budget year and any accumulated funds in the Scrap Tire Fund with the following order of priority and decreasing reimbursement amounts for each ton of scrap tire material:

(a) Converted to an ultimate product;

(b) Beneficially used, other than as crumb rubber;

(c) Converted into chipped tire material for beneficial use;

(d) Beneficially used except; processing costs related to the creation of an ultimate product if the processing involves the use of crumb rubber as a component of the ultimate product; and the person processing, previously received partial reimbursement under this section for processing costs related to the production of crumb rubber;

(e) Produced for beneficial use;

(f) Processed into tire derived fuel for energy recovery or production.

(g) Additional partial reimbursement may be provided at a rate set by the Department to any person engaged in beneficial use (denoted in (b) and (d) above), where scrap tires have been removed from areas underneath dirt/soil/water/other materials requiring the scrap tires to be cleaned prior to processing including but not limited to remediation of an unauthorized dump to encourage utilization of these tire materials and to recover such lands where these scrap tires were placed.

(2) The Director, or his designee, may terminate a grant award in whole or in part and demand refund of grant funds when there is substantial non- compliance with the terms of the award or with the requirements of 335-4, a determination is made by the Department that the grant was obtained by fraudulent means, it is found that grant monies have been used for non-allowable costs, or a determination is made by the Department that gross abuse or corrupt practices have been used in the administration of the grant project by the recipient.

(a) The Director, or his designee, shall afford the grant recipient an opportunity for consultation prior to any termination. After such opportunity for consultation, the Department may, in writing (via certified mail, return receipt requested), terminate the Fund grant in whole or in part.

(b) In event of such termination, the grantee shall be ineligible to make application for further participation in the grant program until the grantee complies with the terms of the grant award or with the requirements of 335-4.

(3) The amount of each grant awarded in accordance with 335-4-10 shall be at the sole discretion of the Director, or his designee.

Ala. Admin. Code r. 335-4-10-.04

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 09, June 28, 2024, eff. 8/12/2024.

Author: Adam N. Rhodes

Statutory Authority:Code of Alabama 1975, § 22-40A-1et seq.