Rule 11-4-3.1 - Waste Tire Grant GuidelinesA. Eligibility and Allocation of Funds(1) Monies allocated to the Environmental Protection Trust Fund from waste tire fees shall be utilized for making grants as follows:(a) To counties, municipalities, or regional solid waste management authorities (1) for providing a waste tire collection site(s) for small quantity waste tire generators, and(2) for use in clean-up of small scattered unauthorized waste tire dumps, not abated under the Department's waste tire abatement program. These grants shall herein be known as "local community waste tire collection and clean-up grants";(b) To persons that will manufacture products from waste tires, use recovered rubber from waste tires or use waste tires as a fuel or fuel supplement and for funding research and demonstration projects directly related to solving solid waste problems resulting from waste tires, herein known as "waste tire recycling/research grants".(c) To counties, municipalities or regional solid waste authorities for purchase of products derived from Mississippi Waste Tires, herein known as tire-derived product grants.(d) To counties, municipalities or regional solid waste authorities for providing funds for employment of a solid waste enforcement officer, herein known as solid waste enforcement officer grants.(2) For local community waste tire collection and clean-up grants: (a) The Department of Environmental Quality (Department) may receive grant applications at any time. All applications received will be evaluated for consistency with these regulations, subject to the availability of funds.(b) The entire cost of the local community waste tire collection and clean-up program may be eligible for grant award.(3) For waste tire recycling/research grants: (a) The Department will receive grant applications semiannually. All applications received by April 1 and October 1 of each year will be evaluated for consistency with these regulations, subject to the availability of funds.(b)(1) No more than 50% of the costs of the project are eligible to provide incentive grants to persons that will manufacture products from waste tires, use recovered rubber from waste tires or use waste tires as a fuel or fuel supplement.(2) No more than 50% of the costs of the project are eligible to provide funding for research and demonstration projects related to solving waste tire problems resulting from waste tires if such a project is proposed by a private, commercial establishment. However, up to 100% of the costs of the project are eligible for grant awards, if such project is proposed by a public or nonprofit entity.(4) For tire-derived product grants: (a) Based on the availability of funding, the Commission on Environmental Quality (Commission) may set aside designated funds for use in awarding grants to local governments to purchase products derived from waste tires generated in Mississippi. Upon the designation of such funds by the Commission, the Department shall advertise the availability of the funding and shall determine and advertise a date during the fiscal year to receive applications for these grant funds.(b) Grant funds are only available to purchase products that have been sufficiently demonstrated or, where necessary, have been certified as a product for use in the intended purpose.(5) For solid waste enforcement officer grants:(a) The Department of Environmental Quality (Department) may receive grant applications from local governments at any time. All applications received will be evaluated for consistency with these regulations, subject to the availability of funds.(b) Local government applicants which obtain grant funding under Rule 3.2(A)(1) of these regulations for up to 50% of the cost of employing a local solid waste enforcement officer are eligible to receive an additional 25% of the total funding to supplement the primary grant award. Overall funding under these conditions shall not exceed 75% of the total costs of employing a local solid waste enforcement officer.(c) Local government applicants which obtain grant funding as described in Rule 3.1(A)(5)(b) above may be eligible for an additional 10% of the total funding where the government has adopted an enforceable local solid waste dumping ordinance or code. Overall grant funding under these conditions shall not exceed 85% of the total costs of employing a local solid waste enforcement officer.(d) In instances where solid waste assistance funds under Rule 3.2(A)(2) are unavailable or where the local government has already committed its eligible solid waste assistance funds to other uses, the local government applicant may be eligible to receive funds under this Section as the primary funding for the cost of employing a local solid waste enforcement officer. Under these conditions, the local government applicant may apply for funds for the payment of up to 50% of the cost of employing the officer.(e) The cost of employing a solid waste enforcement officer shall be limited to salary and fringe benefits for purposes of these regulations.(f) Enforcement officers employed with support from these funds shall comply with the conditions and work duties prescribed by the Department for local solid waste enforcement officers.(g) Where possible, grants under this Section will be awarded either as part of a local community waste tire collection and clean-up grant, described in Rule 3.1(A)(1)(a) and 3.1(A)(2) or a part of a grant awarded for the cost of employing a solid waste enforcement officer, described in Rule 3.2(A)(1)(d) and 3.2(A)(8).(6) Other Grant Guidelines (a) Generally, no grant shall be awarded under Rule 3.1(A)(3) and (4) for any activity, which receives less than 75% of its waste tires from Mississippi waste tire sites, retailers or residents. However, the Commission may consider requests for funding from applicants who do not meet this requirement contingent upon the applicant demonstrating that the activity does or will accept Mississippi waste tires and that the award of the requested funding would be in the best interest of the State of Mississippi. The burden of proof shall be on the applicant to demonstrate that eligibility requirements have been met.(b) No grant shall be awarded for the purchase or lease of equipment or other property, unless it can be demonstrated that such equipment or property is integral to the successful achievement of the overall goals of Rule 3.1(A)(1)(a), (b), or (c).(c) No grant shall be awarded to a local government under Rule 3.1(A)(3), (4), or (5), if it is determined that the local government has not developed an adequate local waste tire collection and clean-up program.(d) No grant shall be awarded if the grant is determined by the Department to be inconsistent with a local, solid waste management plan that has been submitted to and approved by the Commission.B. Grant Application Procedures (1) In order to receive consideration for a grant award from the Commission on Environmental Quality, persons or entities shall submit to the Department an application package, including an original and two (2) copies of a grant application. The application package shall contain the following items:(a) a completed grant application form, as provided by the Department;(b) a detailed narrative description of the proposed activity and discussion of the technical and economic feasibility of the project;(c) documentation of completion of the intergovernmental review process as described in the appendix to this rule, including copies of all intergovernmental review agency comments received;(d) a copy of all local, state, and federal permits to conduct the proposed activity;(e) all other forms, documents, and supporting information required by the Department.(2) Where funds requested exceed funds available, applications shall be evaluated and ranked, with preference for approval based on the following factors:(a) For local community waste tire collection and clean-up grants: (1) The applicant has not been previously funded or has not received funds during the current state fiscal year.(2) The project proposes to recycle waste tires for other uses rather than conducting activities which simply lead to the disposal of the tires.(3) The funds requested will be used as leverage, or matching for additional funds.(4) The project is proposed to serve an area that has inadequate waste tire management capacity.(5) The project proposes to process or manage a larger number of waste tires than other projects proposed.(b) For waste tire recycling/research grants:(1) The project proposes to recycle the whole tire rather than use only parts of the tire.(2) The project is an integral part of a county or regional waste tire management plan.(3) The funds requested will be used as leverage, or matching for additional funds.(4) The technical and/or economic merits of the project appear superior to other projects proposed.(5) The project is proposed to serve an area that has inadequate waste tire management capacity.(6) The project proposes to process or manage a larger number of waste tires than other projects proposed.(7) The project proposes to employ higher numbers of persons than other projects proposed.(8) The proposal is vital to the continuation and/or completion of an on-going research project.(9) The project is proposed by a university, college, other academic group, or public agency.(c) For tire-derived product grants: (1) The applicant has not been previously funded or has not received funds during the current state fiscal year.(2) The tire-derived product to be used is a newly developed product or has not previously been utilized in Mississippi.(3) The purchase of the tire-derived product will lead to the establishment or growth of efforts to manufacture the product in Mississippi.(4) The proposal is deemed to be creative and innovative and has a high potential for providing additional solutions to the problems of waste tire management.(5) The local government applicant has established an ongoing successful waste tire collection and clean-up program including an adequate number of collection sites and appropriate public outreach efforts.(d) For solid waste enforcement officer grants: (1) The applicant has established an ongoing, successful, local solid waste enforcement program.(2) The applicant has adopted enforceable and appropriate local dumping ordinances or laws.(3) The applicant has demonstrated a long term commitment of funding support to the employment and work efforts of a local solid waste officer, rather than for just the proposed grant period.(4) The applicant proposes an enforcement program that will serve a wider geographic area and/or a larger population base than other projects.(5) The applicant has established an ongoing successful waste tire collection and clean-up program including an adequate number of collection sites and appropriate public outreach efforts.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 project is not consistent with state law or with Rule 3.1(A) or (B) of these regulations;(b) the Department determines that the project is not consistent with the approved local solid waste management plan;.(c) the Department determines that, for those proposals involving incentive recycling projects, the project is not likely to result in the utilization of a manufactured product or recovered rubber, or the utilization of waste tires as a fuel or fuel supplement;(d) the Department determines that, for those proposals involving research and demonstration projects, the project is not directly related to solving a solid waste problem resulting from waste tires, or is not likely to result in solving the problem;(e) the Department determines that the applicant does not possess the required local, state, or federal permits necessary to construct or conduct the proposed activity;(f) the applicant is in violation of, or delinquent on, any condition of a previously awarded grant by this Department;(g) the applicant has been significantly or habitually in violation of environmental laws, regulations, or permits;(h) the applicant has deliberately falsified information submitted as part of the application;(i) the Department determines that the applicant has proposed expenditures for grant project activities or components that are unnecessary or that exceed the expected usual and customary costs for such activities or components.(j) the Department determines there are insufficient funds in the waste tire account.; and(k) the proposal ranks lower than other projects based on the factors described in Rule 3.1(B).(2) If the Department should 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 Awards (1) Grants made to counties, municipalities or regional solid waste management authorities shall require compliance with all applicable procurement and purchasing regulations established pursuant to state law.(2) At the discretion of the Commission, monies which are unspent after the expiration date of the grant award shall be forfeited back into the waste tire account.(3) Grants made to any person or group which are awarded for less than 100% of the total estimated costs of the project shall ensure that the grantee's matching share is expended or committed in proportion to the release of state grant funds.(4) The Commission may include any other conditions as part of the grant award which it determines are necessary to reasonably manage the project and/or protect the environment.E. Reallocation of Funds The Commission, upon determination that unused grant funds are available in a particular category, may reallocate funds between the programs described in paragraph A.1 of this rule.
Miss. Code Ann. §§ 17-17-1, et seq., 49-2-9(1)(b), 49-17-17(i), 17-17-201, et seq., 17-17-401, et seq., 49-2-1, et seq. and 49-17-1, et seq.