Ga. Comp. R. & Regs. 391-2-6-.01

Current through Rules and Regulations filed through October 17, 2024

Rule 391-2-6-.01 - Clean Vessel Act Grant Program

(1)Statutory Basis. The Department is authorized to protect, manage, and regulate coastal areas and waters under Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated; to regulate activities and vessels upon all waters of the state under Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated; and to contract with public and private entities and disperse funds under O.C.G.A. § 12-3-5 for these purposes and such other duties, responsibilities, or functions vested in the Department. Furthermore, the Department is authorized by the Federal Clean Vessel Act of 1992, as amended by Public Law 109-59, Title X, Section 10131, to administer grants to public and private entities for the construction, renovation, operation, and maintenance of sewage pump-out stations, waste reception and storage facilities, and pump-out vessels.

(2)Purpose. The purpose of the Clean Vessel Act grants program is to encourage the construction and operation of sewage pump-out stations at marina facilities throughout Georgia. Pump-out and dump stations provide a substantial benefit to the public by promoting the responsible use of inland and coastal waters and reduces the risk of overboard discharge of untreated sewage.

(3)Program Administration.

(a) The Georgia Department of Natural Resources, Coastal Resources Division (CRD) and Wildlife Resources Division (WRD), shall develop procedures, applications, forms, contracts, and other materials as necessary to administer the Clean Vessel Act Grants program, which shall include, but not be limited to: establishing timelines and deadlines on an annual, cyclical basis for announcing grant application availability, application due date, project awards date, project reporting dates, and project completion date; developing application and project review procedures; establishing minimum requirements for project management of grants by recipients; developing guidance and informational materials, including providing definitions; and developing policies and procedures to rescind grant awards for non-performance and to re-award recaptured funds.

(b) Notice of the start of the grant cycle shall be posted by the first business day in July through electronic newsletter, website posting, and by other means as determined appropriate by CRD/WRD. The notice shall include, at a minimum, a summary description of the grant program and eligibility and eligible activities requirements, date of application availability, deadline for submitting applications, and directions for obtaining an application.

(c) Grant application forms and instructions shall be available in electronic format; paper format application materials shall be available upon request.

(d) CRD shall administer coastal projects and WRD shall administer inland projects.

(4)Eligibility Requirements.

(a) Eligible applicants include:

1. Any Georgia local government entity, including counties, municipalities, and duly authorized agencies or instrumentalities of a county or municipality, including but not limited to, local authorities and local boards;

2. Privately owned, for profit marinas in Georgia; and

3. Not-for profit marinas in Georgia.

(b) Eligible Projects include those to construct, renovate, operate, and/or maintain pump-out and dump stations, including floating restrooms in the water, not connected to land or structures connected to the land, used solely by boaters. Eligible grant activities also include any activity necessary to hold and transport boaters' sewage to treatment plants, such as holding tanks, piping, hauling costs, and any activity necessary to get sewage treatment plants to accept sewage, such as installing bleed-in facilities and the production of informational or educational materials.

(5)General Terms and Conditions.

(a) Individual grant award limits will be established and announced for each grant cycle based on available funding. Recipients must provide match equal to 25% of the approved total project cost in cash or in-kind services, as defined by CRD/WRD.

(b) Recipients may be required to attend a grant workshop immediately after grant awards are announced.

(c) Recipients must execute a grant agreement with CRD/WRD and comply with all its provisions, including maintaining complete financial records for all activities covered by the grant agreement and providing an audited report after completion of the project.

1. Adequate progress toward completion of the project must be documented by the recipient and approved by CRD/WRD before payment of intermediate reimbursements.

2. Ten (10) percent of the grant funds shall be withheld until CRD/WRD approval of the completed project.

(d) All recreational vessels must have access to pump-out and dump stations funded under this grant program. Facilities shall be operated, maintained, and reasonably accessible to all recreational vessels for the full period of their useful life.

(e) Project planning and construction documents and work product shall be reviewed and approved by CRD/WRD under terms established by the grant agreement.

(f) Projects and/or project areas will be available for inspection by CRD/WRD staff during construction or the grant period, as applicable, and be facilitated by the grant recipient upon reasonable notice. Reasonable notice shall include pre-arranged scheduled visits, mutually agreed upon times, or 1-week notice of intent to visit by CRD/WRD staff.

(g) Non-compliance with (5) (a) through (f) above and any terms & conditions of the grant agreement may result in the rescission of the grant award.

(6)Application Procedures.

(a) Applicants shall make application to the Coastal Resources Division or the Wildlife Resources Division, Georgia Department of Natural Resources, depending on whether the project is coastal or inland, by specified deadlines, on current state fiscal year in the manner and format provided for in the grant application instructions.

(b) At the sole discretion of CRD/WRD, a prior year application form for an unfunded project may be accepted in lieu of a current state fiscal year application form; provided that the scope of the proposed project is unchanged and other information is current or updated, including project contact and administrator information, authorized signatures, and matching fund resolution.

(7)Review Criteria.

(a) Applications will be reviewed by a committee composed of CRD/WRD staff. Staff will review applications to ensure project meets the eligibility criteria set forth in the Federal Clean Vessel Act 50 CFR 85 and to ensure that the project is consistent with the purpose and conditions of the Act.

(b) Proposed projects shall be evaluated by the following criteria:

1. Project meets eligibility requirements;

2. Project concept fits the need within the purposes of the Act;

3. Discrete objectives are identified to be accomplished during a specific time period that addresses the need;

4. Project provides a public benefit;

5. Amount and source of matching funds is consistent with requirements in the Act;

6. Fees for use of the facility are consistent with requirements in the Act;

(c) Grants shall be awarded to the extent of established available funding based on CRD/WRD staff recommendations as approved by the Commissioner of the Georgia Department of Natural Resources or designee

Ga. Comp. R. & Regs. R. 391-2-6-.01

Original Rule entitled "Clean Vessel Act Grant Program" adopted. F. Sep. 4, 2012; eff. Sept. 24, 2012.