The Oregon Administrative Rules contain OARs filed through November 15, 2015
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DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION 83
SOLID WASTE PLANNING AND
RECYCLING GRANT RULES
340-083-0010
Purpose and Scope
(1) These rules are intended to implement ORS 459A.120(2)(b)& (e), under which grants are made available to local government units for recycling (including waste reduction) and solid waste planning activities.
(2) The purpose of the recycling and solid waste planning grants program is to provide grant funds to local governments in Oregon that are in need of financial assistance to plan for solid waste management options and to improve their recycling and waste reduction capabilities.
Stat. Auth.: ORS 45A.025 & ORS 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00
340-083-0020
Definitions
As used in these rules unless otherwise specified:
(1) "Applicant" -- The local government unit applying for a grant.
(2) "Department" -- The Department of Environmental Quality. Decisions with respect to grants pursuant to this Division may be delegated to the Administrator of the Waste Prevention and Management Division.
(3) "Director" -- the Director of the Department of Environmental Quality.
(4) "Grant Round" -- The period of time in which the Department opens the acceptance of new applications for funding and ends with the disbursement of grant awards from available funds.
(5) "Local Government Unit" -- A city, county, metropolitan service district formed under ORS Chapter 268, sanitary district or sanitary authority formed under ORS Chapter 450, county service district formed under ORS Chapter 451, regional air quality control authority formed under ORS 468A.100 to 468A.130 and ORS 468A.140 to 468A.175 or any other local government unit responsible for solid waste management.
(6) "Permit" -- A document issued by the Department, bearing the signature of the Director or the Director's authorized representative which by its conditions may authorize the permittee to construct, install, modify, operate or close a disposal site in accordance with specified limitations.
(7) "Rolling Stock" -- Motorized vehicles on tires or wheels that have generalized usage such as collection trucks, garbage trucks, forklifts, trailers, tractors.
Stat. Auth.: ORS 45A.025 & ORS 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00
340-083-0030
Eligible Applicants
Eligible applicants include any Oregon local government unit. Eligible applicants may enter into contracts with private citizens or companies to accomplish the work outlined in the grant agreement.
Stat. Auth.: ORS 45A.025 & ORS 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00
340-083-0040
Eligible Projects
(1) Grants may be awarded for up to 100 percent of the cost of projects and project-related costs, including but not limited to the following types of projects:
(a) Preparation of a solid waste management plan;
(b) Planning for diversion of recyclable, reusable, compostable, or energy recoverable materials;
(c) Planning and implementing a community-wide recycling and collection program, or expanding existing collection operations;
(d) Purchasing equipment or material to initiate or expand the recovery or processing of recyclable materials;
(e) Enhancing or developing a reducing, reusing, recycling or composting promotion and education program;
(f) Establishing and operating recycling depots;
(g) Preparing cost analysis or rate studies which support development of variable weight-based rates for garbage collection and drop-off;
(h) Preparing local and regional market development research and planning studies;
(i) Researching and developing local and regional reuse options;
(j) Initiating reuse and waste prevention programs;
(k) Developing local material exchange programs;
(l) Developing Buy Recycled campaigns;
(m) Developing and implementing local government recycled product procurement programs;
(n) Developing resource efficiency programs.
Stat. Auth.: ORS 45A.025 & ORS 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91
340-083-0050
Ineligible Activities and Costs
The following are ineligible for grant money under these rules:
(1) Disposal site engineering, design or hydrogeologic study required by Department permit or enforcement action.
(2) Costs for which payment has been or will be received under another financial assistance program.
(3) Capital expenditures for solid waste planning.
(4) Costs incurred prior to issuance of a grant agreement by the Department.
(5) Costs incurred after the expiration date of the grant agreement.
(6) License applications or permit fees.
(7) Ordinary operating expenses of local government that are not directly related to the project.
(8) Costs incurred for landfill closures.
Stat. Auth.: ORS 45A.025 & ORS 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00
340-083-0070
Selection Criteria
(1) The Department shall coordinate evaluation of grant proposals. Grants will be awarded based on the criteria below in subsections (a) through (h) of this section. The Department will determine the relative value of each of these factors in deciding which projects will receive funding during a grant round. The criteria include:
(a) Minimum qualifying score;
(b) Potential for environmental enhancement;
(c) Potential for continuity;
(d) Type of program;
(e) Program commitment;
(f) Need;
(g) Cost effectiveness;
(h) Preference points, if applicable.
(2) The Department may include, in the public notice announcing fund availability, a request for applications for specific projects or project areas that will be given priority for funding. Revised selection criteria, published in the public notice of fund availability, may be used.
Stat. Auth.: ORS 45A.025 & ORS 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00
340-083-0080
Application Procedures
(1) The Department shall establish and publish notice of deadlines for submission of applications for each grant round at least once per biennium if revenue is available. The Department will determine the amount of funds available for the current grant round.
(2) An applicant shall provide a complete application for each grant applied for. Application shall be made on a form provided by the Department. Each application shall include such information as shall be required by the Department, including but not limited to:
(a) Name and address of applicant;
(b) Description of the project and the expected results;
(c) Workplan and schedule for completion of project;
(d) Complete budget, including breakdown of costs;
(e) Signature of applicant's authorized agent;
(f) Any other information required by the Department.
Stat. Auth.: ORS 45A.025 & ORS 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00
340-083-0090
Review and Approval
(1) The Department shall review all completed grant applications and approve or deny them.
(2) For a grant application to be considered for approval, the following criteria must be met:
(a) Application must be complete;
(b) Grant money must be available; and
(c) Project must be eligible under these rules.
(3) Grants shall be awarded to applicants based on approved applications ranking highest in selection criteria.
(4) The Department may award some, none or all of the grant moneys available in any grant round.
(5) The Department may award grants in amounts less than requested by the applicant. The Department shall make that determination based on the merits of the application, the project proposed, and the availability of grant moneys.
(6) Qualified applicants who do not receive a grant award can apply again during the next grant round.
Stat. Auth.: ORS 45A.025 & ORS 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00
340-083-0100
Grant Agreements and Conditions
(1) Following approval and selection of the application, the Department and the applicant shall enter into an agreement. The agreement shall include but is not limited to the following conditions:
(a) Progress reports;
(b) Monitoring requirements;
(c) Authorized activities for rolling stock, purchased in whole or in part with grant funding, during its expected service life;
(d) End date -- term of project and grant;
(e) Method of payment;
(f) Terms and conditions of the grant;
(g) Requirement for sharing of information resulting from project; and
(h) Project Completion Report.
(2) The Department may allow an extension of time for a grantee to complete a project, upon receipt from the grantee of acceptable documentation of need.
(3) The Department may at any time review and audit requests for payment and make adjustments for, but not limited to, math errors, items not built or bought, unacceptable constructions, or lack of progress under the grant.
Stat. Auth.: ORS 45A.025 & ORS 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00
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contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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