Current through Register Vol. XLI, No. 50, December 13, 2024
3.1. Eligibility for participation in grant program.3.1.1. Governmental agencies eligible for participation in program. - A governmental agency or any combination thereof empowered to acquire, construct and equip solid waste disposal facilities shall be eligible to participate in the program.3.1.2. Application for participation in program. - Any eligible governmental agency or any combination thereof which desires to participate in the program shall make a separate application to the Board on forms prescribed by the Executive Director of the Board for each project for which such participation is desired.3.1.3. Acceptance of grant applications. - Subject to Section 3.6.1 of these rules, no application which is received by the Board shall be accepted until the applicant has satisfied the following conditions:3.1.3.a. Delivered to the Board an agreement between the applicant and the Board providing for the construction, maintenance and operation of the project which is consistent with Section 3.7.1 of these rules, which has been authorized and approved by the legislative authority or authorities of the applicant and which has been executed by the applicant.3.1.3.b. If required by the Board, provide a feasibility study prepared by a registered professional engineer and an independent certified public accounting firm demonstrating that the project is technically and financially feasible.3.1.3.c. Provided certification that detailed plans, profiles, cross sections, estimates, specifications and such other requirements as are appropriate have been approved by all legally required agencies.3.1.3.d. Provided written assurance that a properly certified operator will be employed upon completion of fifty percent (50%) of the project's construction.3.1.4. Grants may be awarded for a maximum period of one year, provided that the Board may extend this period for up to sixty (60) days. Applicants should not depend on continued financing for long-term projects through this grant program.3.1.5. Eligibility for participation in program if project should be combined with another project. - If the Board determines that a project for which application is made should be combined with another project or should serve governmental agencies not included as the applicant, the Board may delay the date upon which the project's priority is established in relation to other projects for which applications are received until such date as the project is expanded to include the additional project or projects or governmental agency or agencies.3.2. Payment of costs of projects. 3.2.1. Payment of project costs by Board. - Upon entering into the agreement between the Board and the applicant referred to in Section 3.1.3.a of these rules and upon determination by the Board of a project's priority pursuant to Section 3.6.1 of these rules, the amount prescribed by Section 3.3.1 of these rules shall be paid by the Board. In the event such agreement is terminated by the Board pursuant to, and not in breach of, the provisions of such agreement, or in the event such agreement is terminated by the applicant whether or not in breach of this agreement, such grant will be immediately withdrawn.3.2.2. Source of payment of project costs. - Subject to Section 3.3.1 of these rules, grants shall be made from funds appropriated to the Board or from funds contained in Board accounts which permit for such use.3.2.3. Distribution of moneys constituting projects costs. - The Board shall pay directly to the applicant such payment as to those project costs which the applicant or one (1) of the governmental agencies constituting the applicant has not paid from its own funds. As to those project costs which the applicant or one (1) of the governmental agencies constituting the applicant has paid from its own funds, the Board shall reimburse the applicant or such governmental agency upon an accounting to the Board of such payment and a request for reimbursement.3.2.4. Availability of funds. - The grant funds for the purposes herein provided will be disbursed to eligible projects as set forth in Section 3.1 of these rules and will be disbursed until all such projects have been satisfied or until the funds so provided have been exhausted, whichever comes first.3.3. Participation payments by applicant. 3.3.1. Grants. - Participation in the grant program as described in these rules is subject to the following restrictions: 3.3.1.a. The grant(s) as herein provided is a grant(s) not to exceed fifty percent (50%) of the total project costs.3.3.1.b. Credit will be given for in-kind services when determining the amount of funding from the authority to be matched by a grant.3.3.1.c. Volunteer services will be valued at the minimum hourly wage unless the applicant can demonstrate that such services would normally be valued above that wage in the area served by the applicant's program.3.3.1.d. Donated equipment will be valued at its fair market value prorated over the life of the grant. Such equipment may only be used to determine the amount of matching funds during the first year that a grant is given to the authority involving that equipment.3.3.1.e. Applicants are only eligible for one (1) (or more) grants totalling an amount not to exceed ten percent (10%) of the estimated revenues of the Board for the fiscal year during which the grant is to be received, provided that this amount of money may be increased when the applicant consists of two or more governmental agencies acting collectively for the purposes of a grant not to exceed ten percent (10%) of the estimated revenues of the Board per each governmental agency.3.4. Rights of access - construction requirements.3.4.1. Rights of access to property. - In the event the applicant or one (1) or more of the governmental agencies constituting the applicant either acquires or owns the real and personal property constituting the project, the Board and, if applicable, other legally constituted regulatory entities and agencies shall have rights of access to the project as may be reasonably necessary to inspect the construction of the project and as may be reasonably necessary to ensure the proper operation and maintenance of the project following construction. Similar rights of access shall be given by the Board to the applicant if the Board acquires or owns the real and personal property constituting the project.3.4.2. Requirements which governmental agency must follow when constructing project. - If the project is constructed by applicant or one (1) or more of the governmental agencies constituting the applicant, such governmental agencies shall (i) Obtain all federal, state, county and municipal approvals required under existing law in connection with the construction of the project; (ii) advertise for bids or construction contracts only after approval by the Board; (iii) require that each construction contractor furnish a performance and payment bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of the contract and payment of the subcontract; (iv) require that each of its contractors and subcontractors maintain during the life of the contract workers' compensation insurance, public liability, property damage and vehicle liability insurance in the amounts and in terms satisfactory to the Board; (v) provide and maintain competent and adequate resident engineering services satisfactory to the Board covering the supervision and inspection of the development and construction of the project and bearing the responsibility of ensuring that construction conforms with the approved surveys, plans, profiles, cross sections and specifications and certifying to the Board and the applicant at the completion of construction that construction is in accordance with approved surveys, plans, profiles, cross sections and specifications or approved amendments thereto; and (vi) provide an operation and maintenance manual for the project.3.5. Operation and maintenance of project.3.5.1. Option to determine who shall operate and maintain project. - If the project serves directly only one (1) governmental agency, the project may be operated and maintained by the Board or the applicant at the option of the Board. If the project serves directly more than one (1) governmental agency, the project may be operated and maintained by the Board at the option of the Board or by one (1) or more of the governmental agencies. Whether operated by one (1) or more than one (1) governmental agency, the operation and maintenance of the project must meet Board requirements.3.5.2. Requirements which governmental agency must follow when operating and maintaining project. If the project is operated and maintained by applicant or one (1) or more of the governmental agencies constituting the applicant, such governmental agency shall: (i) Provide adequate operation and maintenance of the project to comply with the water quality standards established for the river basin affected thereby and with all applicable rules and regulations of the West Virginia Department of Health and Human Resources and the West Virginia Bureau of Environment; (ii) retain sufficient qualified operating personnel approved by Board to operate the project and perform all operational tests and measurements necessary to determine compliance with the preceding sentence (i) to ensure proper and efficient operation and maintenance of the project from the time of commencement of operation until the approval of the discontinuance of the operation of the project by the Board and all legally required agencies; (iii) operate and maintain the project in a manner which is consistent with design capacity and capability of the project in accordance with an ordinance or resolution acceptable to the Board; (iv) provide property and casualty insurance satisfactory to the Board; (v) if the governmental agency shall fail to comply with either (i), (ii) or (iii) above, it shall permit the Board at its discretion to remedy such default and shall pay the cost of remedying such default to the Board together with interest thereon from the date of payment by the Board.3.5.3. Requirements which governmental agency must follow when Board operates and maintains project. - If the project is operated and maintained by the Board, the applicant shall (i) agree to provide the funds necessary to pay the cost of operating and maintaining the project at such times as will permit the prompt payment of such costs by the Board from the funds of the applicant; and (ii) cooperate fully with the Board in the operation and maintenance of the project.3.6. Determination of priority for participation in grant program.3.6.1. Criteria for considering applications - Each application will be evaluated according to the following criteria:3.6.1.a. The Board will give preferences to projects in the following order of priority: (ii) recycling, reuse and resource recovery; and 3.6.1.b. Potential of project to further the efficient and effective collection, processing, recycling and disposal of solid waste within the area and to assist in the protection of the environment.3.6.1.c. Sustainability of the project beyond the grant period.3.6.1.d. Cost-effectiveness of the project.3.6.1.e. Degree of public involvement in the project.3.6.1.f. Projects that have not received funding from this particular grant program will be considered before projects funded previously under this program.3.6.1.g. Consideration of the applicant's ability to assess and collect rentals, fees and service charges for the use or services of any solid waste disposal facilities involved in the grant application.3.6.2. Withdrawal of grant. - The Board reserves the right to withdraw a grant upon determination of unsatisfactory program compliance with either these rules, or the specifications in the grant document, or the application for the grant.3.6.3. Cancellation of grant. - A failure to commence program activities within ninety (90) days after receiving funding from the Board may result in the cancellation of the grant.3.7. Miscellaneous. 3.7.1. Agreement between Board and applicant. - The agreement between the Board and the applicant referred to in Section 3.1.3.a of these rules, shall be consistent with these rules and shall contain such additional provisions which the Board determines are necessary to the implementation of these rules and ensure the proper carrying forward of the program.3.7.2. Purposes for which grants can be obtained. - Grants obtained in accordance with these rules shall be used by a governmental agency or combination thereof only for the purpose of acquiring, constructing and/or equipping solid waste disposal projects.