Rule 391-3-19-.09 - Funding to State and Local Governments from the Hazardous Waste Trust Fund(1)Purpose and Scope. This Rule applies to the use of the Hazardous Waste Trust Fund to finance the state and local share of costs associated with the investigation, remediation, post-closure care and maintenance of sites placed on the National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, and on the Hazardous Site Inventory pursuant to the Hazardous Site Response Act. For the purposes of this Rule, state means any agency, board, bureau, commission or authority of the State of Georgia. For the purposes of this Rule, local government means any county or municipality or consolidated city-county government, any local solid waste management authority, or any regional solid waste management authority, or any regional solid waste management authority created pursuant to O.C.G.A. § 12-8-53 of the Comprehensive Georgia Solid Waste Management Act.(2)Eligibility Requirements. A state or local government may be eligible to receive financial assistance from the Hazardous Waste Trust Fund under this section for eligible costs described in Rule 391-3-19-.09(4)(a) provided that the state or local government meets all the following eligibility requirements: (a) the site for which financial assistance is requested is a solid waste handling facility as defined by Rule 391-3-4-.01(67) of the Rules for Solid Waste Management and is listed on the National Priorities List or the Hazardous Site Inventory;(b) the Director has notified the state or local government in writing that they are a responsible party for the site;(c) the state or local government has entered into a contract with the Director which describes the financial assistance provided and the activities for which the monies shall be used;(d) the state or local government has established and maintains an accounting system in accordance with the Governmental Accounting Standards Board (GASB);(e) the state or local government has adopted an authorizing resolution; and(f) the state or local government has submitted to the Director a completed application for financial assistance on forms as provided by the Director.(g) the state or local government has submitted to the Director a written statement of the percentage of total costs associated with the actions described in Rule 391-3-19-.09(4)(a) for which a state or local government is liable. Such statement shall also include a description of how such percentage was determined including the results of negotiations with any other responsible parties for the site.(3)Financial Assistance. A state or local government that meets all the eligibility requirements described in Rule 391-3-19-.09(2) may receive financial assistance from the Hazardous Waste Trust Fund as described in Rule 391-3-19-.09(3)(a), (b) and (c). However, total payment of eligible costs from the Hazardous Waste Trust Fund shall in no event exceed $2,000,000 per site. (a) For state or local governments that have been designated as a responsible party for a site, and that are not the owner of the site, the Director may pay up to 50% of the first $500,000 of eligible costs, as described in Rule 391-3-19-.09(4)(a), and up to 25% of all eligible costs exceeding $500,000.(b) For state or local governments, excluding counties or municipal corporations, that have been designated as a responsible party for a site, and that are the owner of the site, the Director may pay up to 50% of the first $500,000 of eligible costs, as described in Rule 391-3-19-.09(4)(a), and up to 25% of all eligible costs exceeding $500,000.(c) For counties or municipal corporations that have been designated as a responsible party for a site and that own or operate such site, the Director shall pay 100% of the first $500,000 of eligible costs, as described in Rule 391-3-19-.09(4)(a), and may pay up to 50% of all eligible costs exceeding $500,000.(d) In the event that the unencumbered balance of the Hazardous Waste Trust Fund falls below $4.0 million, the Director may suspend the provision of financial assistance to state and local governments as described herein.(4)Eligible Costs. Eligible costs are the percentage of the total costs associated with the actions described in Rule 391-3-19-.09(4)(a) for sites described in Section 391-3-19-.09(2)(a) for which a state or local government may seek financial assistance pursuant to Rule 391-3-19-.09(2). (a) Only the costs associated with the following actions eligible for payment: 1. Completion and submittal of a compliance status report as required by Rule 391-3-19-.06(3);2. Certification of compliance with the risk reduction standards as required by Rule 391-3-19-.06(4);3. Compliance with the public participation requirements required by Rule 391-3-19-.06(5);4. Corrective action required by an order of the Director issued pursuant to O.C.G.A. § 12-8-96 of the Hazardous Site Response Act.;5. Response required by an order of the EPA Regional Administrator issued pursuant to Sections 104 and 106 of CERCLA. For the purposes of this section, the term response shall have the same meaning as that used in section 101(25) of CERCLA;6. Post-closure care not required by Section 391-3-4-.12 of the Rules for Solid Waste Management but which may be required by the Director under an order issued pursuant to the Hazardous Site Response Act; or7. Corrective action and assessment monitoring required by a solid waste handling permit or an order by the Director pursuant to the Comprehensive Solid Waste Management Act.(b) The following costs are not eligible for payment:1. Purchase or routine maintenance of equipment of a durable nature that is expected to have a period of service of one (1) year or more after being put into use site without material impairment of its physical condition, unless the applicant can be adequately demonstrate that the equipment was a total loss and that the loss occurred during the activities for which reimbursement is being requested;2. Materials or supplies not purchased specifically for the activities for which reimbursement is being requested;3. Administrative costs associated with filing an application for funding from the Hazardous Waste Trust Fund;4. Employee salaries and out-of-pocket expenses normally provided for in the applicant's operating budget (i.e.; meals, fuel) and employee fringe benefits;5. Medical expenses incurred as a result of activities at the site;7. Other expenses which the Director determines are not directly related to the investigation, redemption, post-closure care and maintenance of the site;8. Costs arising as a result of claims for damages filed by third parties against the state or local government or its agents;9. Costs resulting from releases that occur as a result of violations of state or federal laws, rules or regulations; and10. Post-closure care required solely by Section 391-3-4-.12 of the Rules for Solid Waste Management.11. Any costs described in Rule 391-3-19-.09(4)(a) for sites where the state or local government becomes the owner or operator after the site is listed on the Hazardous Site Inventory or the National Priorities List.12. Any costs described in Rule 391-3-19-.09(4)(a) for sites where the state or local government had knowledge at the time of becoming the owner or operator that a release of a regulated substance had occurred at such site.(5)Application Procedures. Any state or local government that meets the eligibility requirements under Section 391-3-19-.09(2) and that is seeking financial assistance from the Hazardous Waste Trust Fund shall submit an application on forms as may be approved by the Director. (a) The Director may determine that an application is incomplete and shall notify the applicant that additional information is required before the application may be further processed or approved.(b) The Director must approve an application prior to the expenditure of funds from the Hazardous Waste Trust Fund under this Section.Ga. Comp. R. & Regs. R. 391-3-19-.09
O.C.G.A. § 12-8-90 et seq.
Original Rule entitled "Funding to State and Local Governments from the Hazardous Waste Trust Hazardous Waste Trust Fund" adopted. F. Apr 28, 1995; eff. March 20, 1995.Amended: F. Dec. 11, 1995; eff. Dec. 31, 1995.Amended: F. Sep. 5, 2018; eff. Sept. 25, 2018.