DEPARTMENT OF ECOLOGY

(1) The purpose of this chapter is to:

(a) Set forth requirements for ((the conduct of a)) financial assistance ((program to)) under the Model Toxics Control Act, RCW 70.105D.070(3).

(b) Provide ((grants to local governments for)) financial assistance for local programs in accordance with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW.

Programs include local hazardous waste ((plans and programs and solid waste plans and programs, under the Model Toxics Control Act, RCW 70.105D.070(3). The plans and programs referenced in RCW 70.105D.070(3))) planning and implementation, local solid waste planning and implementation, and enforcement of rules and regulations governing solid waste handling. Planning, implementation, and enforcement are designed to prevent or minimize environmental contamination((. Therefor, the grants are designated "coordinated prevention grants" under this chapter)) resulting from improper management or disposal of waste.

(2) A further purpose of this chapter is to establish a structure for the administration of ((coordinated prevention grants)) local solid waste financial assistance funded from the local toxics control accounts authorized by RCW 82.21.030. The administrative structure may be extended to other waste management ((grant)) financial assistance programs using other funding sources ((including the litter control account authorized by chapter 70.93 RCW, the hazardous waste assistance account authorized by chapter 70.95E RCW, and other waste management funding sources that may be established in the future by the legislature)).

(3) The purposes of ((the coordinated prevention grants program)) local solid waste financial assistance are to:

(a) ((Consolidate all grant programs funded from the local toxics control account, and other programs in subsection (2) of this section that may be selected, into a single program, except for remedial action, public participation, and citizen proponent negotiations grants.

(b))) Promote regional solutions and intergovernmental cooperation for efficient implementation of programs and eligible-projects under this chapter.

(((c))) (b) Prevent or minimize environmental contamination by providing financial assistance to local governments to help them comply with state and local solid and hazardous waste laws and rules.

(((d))) (c) Provide ((funding)) financial assistance for local solid and hazardous waste planning, and for implementation of ((some)) eligible programs and projects in those plans.

(((e))) (d) Provide for the enforcement of rules and regulations promulgated under chapter 70.95 RCW.

(e) Encourage local responsibility for solid and hazardous waste management.

(f) Improve efficiency, consistency, reliability, and accountability ((of grant)) for administration of local solid waste financial assistance.

"Cash expenditure" means any cash outlay by the recipient((, regardless of the source of funds, for direct)) for project-eligible costs. Expenditures may include direct costs of goods ((and/or)) and services; recipient salaries and benefits ((of recipient employees, including force account)); overhead ((cash)); and payments made to contractors.

"Department" means the Washington state department of ecology.

"In-kind contributions" are property or services that benefit a project and that are contributed by a third party, without direct monetary compensation, to the recipient (or to any contractor under the agreement). In-kind contributions include donated or loaned real or personal property, volunteer services, and employee services donated by a third party.)) "Disposal site" means a facility where final disposal of solid waste occurs, including a transfer station, but not a drop box facility.

"Incineration" means a process of reducing the volume of solid waste by use of an enclosed device using controlled flame combustion, operating under federal and state environmental laws and rules.

"In-kind interlocal ((costs))" ((are)) means in-kind contributions made to a project by another local government under a valid written agreement between the recipient and the other government that details the work to be accomplished, the goods and services to be provided, and the value thereof. If the recipient reimburses another governmental entity for any portion of its contributions, the amount paid to the other entity is not an interlocal cost. It is a cash expenditure on the part of the recipient. Only the nonreimbursed portion of the other governmental entity's contributions is an interlocal cost.

"Landfill" means a disposal facility or part of a facility at which solid waste is permanently placed in or on land ((and which is not a landspreading disposal facility.

"Lead implementation agency" means the agency designated in the adopted local solid or hazardous waste plan as having the principal responsibility for the execution of all or most of the plan, and/or the coordinating agency that delegates responsibility to other agencies to execute portions of the plan)) including facilities that use solid waste as a component of fill.

"Local contribution" means the required portion of project-eligible costs borne by the recipient as cash expenditures or contributed services.

"Local government" means any political subdivision, regional governmental unit, solid waste disposal district, municipal or public corporation, ((including)) and includes cities, towns, and counties. The term encompasses but does not refer specifically to the departments within a city, town, or county.

"Local hazardous waste plan" means the plan to manage moderate-risk waste that a local government is required to prepare under RCW 70.105.220.

"Moderate-risk waste" means (a) any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under chapter 70.105 RCW solely because the waste is generated in quantities below the threshold for regulation, and (b) any household wastes that are generated from the disposal of substances identified by the department as hazardous household substances or substances that exhibit any of the properties of hazardous waste.)) "Moderate risk waste (MRW)" means solid waste that is limited to conditionally exempt small quantity generator (CESQG) waste, and household hazardous waste (HHW).

"Recipient" means the ((entity)) applicant to which the funding is awarded and that is accountable for the use of the funds provided. The recipient is the entire legal entity even if only one component or department is designated in the agreement document.

"Recyclable materials" means those solid wastes separated for recycling or reuse, ((such as papers, metals and glass, that)) and are identified as recyclable material under a local ((comprehensive)) solid waste plan.

"Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration or recycling as defined in chapter 173-350 WAC.

"Retroactive costs" means project-eligible costs incurred between the effective start date of the agreement and before the department signature date on the agreement.

"Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

(1) This rule ((shall, together with chapters 173-322 and 173-321 WAC, and WAC 173-303-902,)) fulfills the requirement for rule making set forth in RCW 70.105D.070(((7))) (8).

(2) ((The)) A local government receiving ((a grant)) financial assistance shall comply fully with all applicable federal, state, and local laws, orders, rules, and permits.

(3) ((Grants)) Financial assistance will be awarded within the limits of available funds. The ((obligation)) policy of the department to ((make grant payments)) reimburse eligible costs incurred by the recipient through the effective date of termination or suspension of the agreement, is contingent upon the availability of funds through legislative appropriation and allotment, and other conditions not reasonably foreseeable by the department, which may render performance impossible.

(4) Nothing in this chapter may influence, affect, or modify existing department programs, rules, or enforcement of applicable laws relating to solid ((and)) or hazardous waste management ((and)) or cleanup.

(5) All ((grants)) recipients of financial assistance are subject to ((existing)) applicable accounting and auditing requirements of state laws and rules.

(1) ((Eligibility for)) (a) Local solid waste planning ((grants. Counties that are required by chapter 70.95 RCW to adopt or update local solid waste plans are eligible to apply for coordinated prevention grants to help pay for those plans. This eligibility extends to cities that have submitted an independent city plan, a joint city plan, or joint city-county plan to the department by the effective date of this rule. This)) and implementation. A local government with a department-approved solid waste plan that was developed using a solid waste advisory committee (SWAC) as defined in WAC 173-312-020, that has the primary responsibility for maintaining that plan, is eligible to apply for financial assistance to help maintain the plan. An independent city qualifying as an eligible applicant under this subsection must provide for disposal site(s) wholly within its jurisdiction. Eligibility also extends for financial assistance to help pay for the implementation of projects identified in the plan, if those projects are eligible as defined in WAC 173-312-050.

(b) Eligibility ((also)) for planning financial assistance may extend((s)) to ((any)) a city ((subsequently)) preparing to become independent and requesting ((funding for the preparation of an)) financial assistance to write its initial independent plan, ((if)) when the city:

(i) Provides for disposal sites wholly within its jurisdiction; and

(iii) Complies with coordination requirements in WAC 173-312-060 (5)(b).

(2) ((Eligibility for)) Local solid waste enforcement ((grants)). Jurisdictional health ((departments/districts)) departments that have adopted or are in the process of adopting a solid waste ordinance (as authorized under RCW 70.95.160 that at minimum meets chapter 173-350 WAC requirements) are eligible to apply for ((coordinated prevention grants)) financial assistance to help pay for the enforcement of local ordinance(s) and rules and regulations adopted under chapter 70.95 RCW.

(3) ((Eligibility for solid waste implementation grants. Counties whose solid waste plans are adopted and approved by the department as required by chapter 70.95 RCW are eligible to apply for coordinated prevention grants to help pay for the implementation of waste reduction and recycling projects in the most recently approved and adopted plan: Provided, That those projects are eligible as defined in WAC 173-312-050. This eligibility also extends to cities that are eligible for funding to do local solid waste plans or updates as provided by subsection (1) of this section.

(4) Eligibility for)) Local hazardous waste planning ((grants)) and implementation. A local government((s)) with a department-approved hazardous waste plan, and that ((are)) is required by chapter 70.105 RCW to adopt ((or update)) the local hazardous waste plan((s are)), and that complies with coordination requirements as described in WAC 173-312-060 (5)(b) is eligible to apply for ((coordinated prevention grants)) financial assistance to help ((pay for those plans.

(6) Any grant-eligible entities as defined in this section may submit their requests in a coordinated application as described in WAC 173-312-060 (4)(a), or may submit separate applications as provided in WAC 173-312-060 (4)(b))) maintain the plan. Eligibility also extends for financial assistance to help pay for the implementation of projects identified in the plan, if those projects are eligible as defined in WAC 173-312-050.

(4) Partnering local government. Eligibility for planning and implementation financial assistance may extend to a partnering local government when it complies with coordination requirements in WAC 173-312-060 (5)(b).

(1) ((Eligible project costs are those costs which are necessary and reasonable to fund required local planning and the implementation of some projects and programs contained in those plans, including innovative approaches implementing policies of the plan. These are:)) Financial assistance reserved for local solid waste planning and implementation will be used to develop or maintain the department-approved local solid or hazardous waste management plan, and for eligible programs contained in those plans.

(a) Local hazardous waste ((planning as required by chapter 70.105 RCW.

(2) Eligible)) plans and programs that:

(4) Projects or related costs ((do)) that are not eligible include:

(a) Solid waste incinerator feasibility studies, construction, maintenance, or operation.

(b) New landfill construction or landfill expansion, or landfill upgrading at an operating facility to meet the requirements of chapters 173-350 and 173-351 WAC.

(c) Landfill closure as required by chapters 173-350 and 173-351 WAC.

(d) Garbage collection and disposal, except start up and operational costs for waste reduction and recycling programs.

(e) Solid and hazardous waste expenses not directly related to compliance with state solid and hazardous waste laws and rules.

(1) The department will provide an application and establish a process for requesting local solid waste financial assistance under this chapter.

(2)(a) The department ((shall set forth in its grant guidelines the base funding levels estimated to be available for each county for coordinated prevention grants and the process by which applications will be submitted.

(5) The application must be signed, indicating approval by responsible officials from the county, local health department or district and any other grant-eligible entities as defined in WAC 173-312-040)) will estimate available funding levels for eligible applicants defined in WAC 173-312-040 (1) and (2). These estimates will be provided by the start of the initial application period in each biennium.

(6) The department may redirect funds to another applicant when the initial applicant does not return a signed agreement within four months of the department's official offer.

(4) The department may award grants to any local government in order to execute all or portions of a coordinated prevention grant program.)) (1) The department will perform an initial review of an application for local solid waste financial assistance using the following criteria:

(1) The department ((shall)) will consider the following factors ((in)) when calculating ((base funding levels, supplemental grant levels, and grant amounts for recipients)) amounts available for initial applications for local solid waste financial assistance:

(a) Projected and actual ((revenue to)) state funds from the local toxics control accounts((, and other funding sources cited in WAC 173-312-010(2), as determined by the department)).

(b) ((The number of people served by a local government.)) Other funds as identified by the department.

(2) ((Grants that may be awarded to eligible cities under WAC 173-312-040 may not exceed a city's proportionate share, based on population, of a county's base funding level as defined in subsection (3)(a) of this section, unless the department, the county, the health department or district and the grant-eligible entities as defined in WAC 173-312-040 agree otherwise.

(3) Projected revenues to the local toxics control account that are)) A portion of the total allocation available each biennium for ((coordinated prevention grant purposes must be divided into two portions, one for solid waste enforcement grants, and one for solid and hazardous waste implementation grants.)) local solid waste financial assistance is reserved for eligible projects or programs defined in WAC 173-312-050(2). The remaining portion is reserved for eligible projects or programs defined in WAC 173-312-050 (1) and (3). The department will calculate allocations ((will be calculated)) as follows:

(a) The amount set aside for solid waste enforcement ((grants, an amount sufficient to provide each single-county jurisdictional health department with one hundred thousand dollars and each multicounty jurisdictional health department with one hundred fifty thousand dollars will be set aside. In future biennia the amount set aside for solid waste enforcement will be twenty percent of the total coordinated prevention grant allocation, and the single-county and multicounty solid waste enforcement grant allocation will be increased or decreased proportionately.

(b) For solid and hazardous waste implementation grants, the remaining eighty percent is divided among counties by means of a formula that shall consist of two elements)) will be not less than twenty percent of the total allocation available each biennium for local solid waste financial assistance or an amount equal to the total sum of seventy-five thousand dollars per county, whichever is greater. Financial assistance reserved for local solid waste enforcement will be calculated as follows:

(b) Financial assistance reserved for local solid and hazardous waste planning and implementation will be calculated as follows:

(i) A fixed amount for each county, regardless of size((;)), and as determined by the department. An independent city that qualifies as an eligible applicant under WAC 173-312-040(1) is excluded.

(ii) A per capita amount based on the county percentage of state population ((size as determined by the United States census data or by the official estimates of the state office of financial management.

(4) Applicants must meet the requirements of this chapter to the satisfaction of the department in order to secure grant awards)) or the independent city percentage of the county population.

(6) Subsequent opportunities to apply for local solid waste financial assistance will be announced by the department.

(1) ((Costs eligible under WAC 173-312-050 will be considered for grant funding at a level of seventy-five percent. Twenty-five percent of eligible costs must be provided as local cash match.

(2) Local cash match)) The required local contribution is twenty-five percent of project-eligible costs.

(2) The local contribution may be met by cash expenditures and ((interlocal costs)) contributed services. ((Interlocal costs are the only type of in-kind contributions that may be used for local cash match)) The applicant's intent to use contributed services must be stated in the application. The department will confirm the services meet department requirements, and prepare the agreement to reflect the local contribution prior to offering the agreement.

(1) The department ((shall)) will prepare guidelines to facilitate understanding and compliance with ((and interpretation of)) this rule.

(2) ((Coordinated prevention grants shall operate on a biennial funding cycle. Applications will be due in the first quarter of the biennium. Eligible applicant governments will apply for grant funds up to the base funding level set forth in WAC 173-312-080 plus the incentive, and at the same time shall submit requests for additional funds to assist ongoing or new projects. Supplemental funds, if awarded, shall be supplied as part of the new grant. New grants will begin in the third quarter of the biennium, and will run for two calendar years.

(3) The department will obligate coordinated prevention grant funds to a recipient)) All agreements under this chapter must comply with the department's administrative requirements for financial assistance, and department guidelines for local solid waste financial assistance that may be more stringent.

(3) Financial assistance will be obligated for a maximum period of two years and align with the state fiscal biennium. ((If the recipient has not accomplished the scope of work in the time period set forth in the agreement, the recipient must use a portion of its next biennial base funding level to complete the project(s).

(a) Costs incurred ((before)) outside of the agreement effective dates ((of a grant agreement)) are not eligible ((unless specific provision is made in the grant agreement for those costs)) for reimbursement.

(((5) All grants under this chapter must be consistent with Administrative Requirements for Ecology Grants and Loans WDOE #91-18 (Revised October 2000).)) (b)(i) Retroactive costs are eligible for reimbursement as provided under this chapter.