Rule 11-4-3.2 - Local Governments Solid Waste Assistance Grant GuidelinesA. Eligibility and Allocation of Funds (1) The Local Governments Solid Waste Assistance Fund shall be used to provide grants to counties, municipalities, regional solid waste management authorities or multi-county entities for one or more of the following purposes:(a) Clean-up of existing and future unauthorized dumps on public or private property, subject to the limitation of Section 17-17-65(3), Mississippi Code, Annotated and paragraph A.9 of this Rule.(b) Establishment of a collection center or program for white goods, recyclables or other bulky rubbish waste not managed by local residential solid waste collection programs;(c) Provision of public notice and education related to the proper management of solid waste, including recycling;(d) Payment of a maximum of fifty percent (50%) of the cost of employing a local solid waste enforcement officer;(e) Payment of a maximum of seventy-five percent (75%) of the cost of conducting household hazardous waste collection day programs in accordance with Sections 17-17-249 through 17-17-445 and the Mississippi "Right-Way to throw away Program" Regulations; and(f) Development of other local solid waste management program activities associated with the prevention, enforcement or abatement of unauthorized dumps, as approved by the Commission.(2) Excepting those monies used by the Department for administration of this program, as provided in Section 17-17-65, monies deposited annually in the Local Governments Solid Waste Assistance Fund and any balance of funds not awarded from the previous year shall be allocated as follows: (a) One-half (1/2) shall be allocated to each county based on the percentage of State Aid road mileage as established by the Mississippi Department of Transportation State Aid road formula at the beginning of the fiscal year. This portion of the fund shall be referred to as the non-competitive fund.(b) One-half (1/2) shall be made available to counties, municipalities, regional solid waste management authorities, or other multi-county entities for grants on a competitive basis. This portion of the fund shall be referred to as the competitive fund.(3) The amount of non-competitive funds allocated to individual counties shall be based upon the amount of money estimated to be deposited into the Local Governments Solid Waste Assistance Fund during the first three months of the fiscal year plus the balance of funds not awarded from the previous year. All money deposited into the fund after the first three months of the fiscal year shall be retained in the fund for the succeeding fiscal year and included in that year's allocation.(4) Any county belonging to a regional solid waste management authority or other multi-county entity shall adopt a resolution to allow the regional authority or other multi-county entity to apply for and use the county's noncompetitive funds. In such a case, the county will not be eligible for the annual allocation until the next fiscal year, but remain eligible for the competitive funds.(5) No grantee shall use more than three percent (3%) of the funds provided to defray the costs of administration of the grant.(6) Funds provided through a grant award shall not be used to pay any costs of the establishment or operation of a landfill, rubbish disposal site or other type of solid waste disposal facility, for the routine collection of garbage or to collect any fees assessed under Section 19-5-21 or 21-19-2, Mississippi Code Annotated.(7) A county or municipality that has an inadequate garbage collection and disposal system or an inadequate rubbish disposal system as required by Section 19-5-17 or 21-19-1, Mississippi Code, Annotated, may not receive funding assistance from this fund. Additionally, the county must have a waste tire collection program in place, as required by Section 17-17-409, Mississippi Code Annotated, before a grant award can be approved by the Department.(8)(a) A grantee may receive funds for the payment of up to fifty percent (50%) of the cost of employing a local solid waste enforcement officer. The costs of employment of a local enforcement officer shall be limited to salary and fringe benefits for purposes of these regulations.(b) Enforcement officers employed with support from these funds shall comply with the conditions and work duties prescribed by the Department for solid waste enforcement officers.(9) If a grantee receives funds to clean up any unauthorized dumps on public or private property, the grantee shall make a reasonable effort to determine if a responsible party or person can be identified and, if so, to require that party or person to clean up the property. If the grantee is unable to locate or identify the responsible party or person, or if the grantee determines that party or person is financially or otherwise incapable of cleaning up the property, the grantee shall make a reasonable effort to recover any funds expended from any known responsible person or from any person subsequently located or identified. Any such funds recovered may be retained and used by the grantee for any lawful expenditure relating to the solid waste assistance grant award.(10) 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 and will be primarily used for the successful achievement of the project purposes as described in Rule 3.2(A)(1). For purposes of this rule, property shall include structures, fencing, or other items, but not land purchases.B. Grant Application Procedures In order to receive consideration for a grant award from the Commission on Environmental Quality, counties, municipalities, regional solid waste management authorities, and other multi-county entities shall submit an application as per the following procedures:
(1) Non-Competitive Fund Grant Applications - Counties may submit an application for the amount of allocated funds described in Rule 3.2(A)(2)(a) these regulations, upon annual notification by the Department. (a) The Department may receive grant applications at any time, but not later than April 30 of the funding year. Any county not submitting a complete grant application by the above date shall forfeit its funding allocation for that state fiscal year.(b) The entire cost of the program may be eligible for funding, subject to the limitations in Rules 3.2(A)(2)(a) and (A)(8).(c) Grant applications shall be submitted on a form provided by the Department and shall include a detailed narrative description of the scope of work and a proposed budget for the planned activities.(2) Competitive Fund Grant Applications - Counties, municipalities, regional solid waste management authorities and other multi-county entities may submit an application for a grant up to the amounts described in Rule 3.2(B)(2)(b) below. (a) The Department will receive competitive grant applications twice each year. All applications received by April 1 and October 1 of each funding year will be evaluated consistent with these regulations, subject to the availability of funds.(b) Unless specifically approved by the Commission, applicants shall be limited to the following maximum funding levels:(1) For counties, municipalities, regional solid waste management authorities, or multi-county entities whose latest census population is 50,000 or greater, the maximum funding level shall be $75,000.(2) For counties, municipalities, regional solid waste management authorities, or other multi-government entities whose latest census population is 25,000 or greater but less than 50,000, the maximum funding level shall be $50,000.(3) For counties, municipalities, regional solid waste management authorities, or other multi-government entities whose latest census population is 10,000 or greater, but less than 25,000, the maximum funding level shall be $25,000.(4) For counties, municipalities, regional solid waste management authorities, or other multi-government entities whose latest census population is less than 10,000, the maximum funding level shall be $15,000.(c) Grant applications shall be submitted on forms provided by the Department and shall contain the following items:(1) a completed grant application form as provided by the Department;(2) a detailed narrative description and a proposed budget of the planned activity;(3) a discussion of how the project will be an integral part of the city/county/regional solid waste management plan for the area;(4) a copy of any local, state, and/or federal permits, if applicable, to conduct the proposed activity;(d) A city and county may apply jointly for the competitive funds with one entity as the lead applicant.(e) If a county, municipality, regional solid waste management authority, or other multi-county entity uses the total population of a county or counties to apply for the maximum funding level allowed in Rule 3.2(B)(2) of these regulations, the proposed project or program must provide for benefits and/or services to all persons included in the population base.(f) Any application submitted by a regional solid waste management authority or other multi-county entity must contain documents of authorization from a majority of the members.(g) Applications shall be evaluated and ranked with preference for approval based on the following factors: (1) The applicant has not been previously funded under this grant category.(2) The project is deemed creative and innovative.(3) The funds requested will be used as leverage, or matching for additional funds.(4) The project will result in significant enhancement or improvement of the solid waste management program or services of the project area.(5) The technical and economic merits of the project appear superior to other projects.(6) The project proposes a long term commitment of staff and monies by the applicant to a comprehensive solid waste management program rather than for just the proposed grant period.(7) The project is proposed for an area containing a greater population base than other projects.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 these regulations;(b) the Department determines that the applicant has failed to provide a complete application as per Rule 3.2(B)(1)(c) and/or (B)(2)(c);(c) the Department determines that the applicant does not possess the required local, state, or federal permit(s) necessary to conduct the proposed project;(d) the applicant is in violation of, or delinquent on, any condition of a previously awarded grant by this Department;(e) the applicant has deliberately falsified information submitted as part of the application;(f) 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; and(g) there are insufficient grant funds in the subject accounts of the local governments solid waste assistance fund;(h) the proposal is ranked lower by the Department than other proposals based on the factors described in Rule 3.2(B)(2)(g).(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 Award (1) The grantee shall comply with all applicable procurement and purchasing regulations established pursuant to state law.(2) At the discretion of the Department, monies which are unspent after the grant expiration date shall be forfeited back to the local governments solid waste assistance fund.(3) The grantee's matching share, if applicable, shall be expended or committed in proportion to the release of state grant funds.(4) A summary report shall be prepared and submitted to the Department with each reimbursement request, detailing the cost of the project and a summary of the activity conducted during the payment period.(5) The Commission may include other conditions as part of the grant award, which are determined necessary to reasonably manage the project and/or protect the environment.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.