N.M. Admin. Code § 20.9.20.56

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.9.20.56 - RECYCLING AND ILLEGAL DUMPING FUND CRITERIA AND PROCEDURES FOR AWARDING GRANTS AND LOANS

A. Counties, municipalities, cooperative associations, Indian nations, pueblos, tribes, or land grant communities may apply to the department for a grant, or loan for the purposes stated in the Recycling and Illegal Dumping Act, Sections 74-13-12 and 74-13-17 NMSA 1978.

B. Counties, municipalities, cooperative associations, Indian nations, pueblos, tribes, or land grant communities seeking a contract for abatement of illegal dumpsites or the recycling of scrap tires shall submit an application on a form developed by the department. All dumpsite abatement contract applications will be prioritized for award using the following criteria:

(1) number of scrap tires and estimated amount and type of other on-site solid waste;

(2) population within a five-mile radius of the illegal dumpsite or stockpile;

(3) schools, hospitals, businesses and industries within a five-mile radius of the illegal dumpsite or stockpile;

(4) the distance to rivers, streams and arroyos;

(5) the fire hazard posed; and

(6) whether the illegal dumpsite or stockpile is still active, and if so, what action, if any, is being taken by the governing body of the county, municipality, cooperative association, Indian nation, pueblo or tribe, or land grant community to terminate the activity.

C. Counties, municipalities, cooperative associations, Indian nations, pueblos, tribes, or land grant communities seeking a grant or loan for the recycling of scrap tires, abatement of illegal scrap tire dumpsites, or other purposes described in Section 74-13-17 NMSA 1978 shall submit an application on a form developed by the department All such grants or loans will be prioritized for award using the criteria in Subsection B above, or for the recycling of scrap tires or other purposes described in Section 74-13-17 NMSA 1978, using the following criteria:

(1) need;

(2) urgency;

(3) amount of local funding available;

(4) consistency with surrounding land use;

(5) population served;

(6) consistency with department priorities;

(7) alternative solutions available; and

8) in no event shall a grant, loan or contract for processing be awarded to a person who receives less than ninety-five percent of recyclable materials from sources in New Mexico.

D. The department shall allocate budgeted grant money consistent with the requirements of Section 74-13-17 NMSA 1978.

E. In accordance with Subsection C of Section 74-13-7 NMSA 1978, the recycling and illegal dumping alliance shall review and make recommendations to the department for establishing priorities for each funding and application cycle and for funding grant applications for grants from the recycling and illegal dumping fund.

F. The department shall establish funding and application cycles.

G. Once applications have been submitted, the department shall:

(1) review all applications for eligibility, completeness, and adequacy of technical and financial information;

(2) use a point system to evaluate each application; and

(3) make recommendations to the secretary for awarding grants and loans based on fund availability and points.

H. Grants or loans are contingent on the execution of an acceptable contract between the department and the entity awarded the grant or loan. Each contract shall, at a minimum:

(1) clearly state the proposed use of funds;

(2) establish a work plan and schedule;

(3) create a budget; and

(4) for abatement projects, state the mechanisms to be used by local authorities to prevent future illegal dumping at the site to be abated.

N.M. Admin. Code § 20.9.20.56

20.9.20.56 NMAC - N, 8/2/2007