Title of Rule: Chapter 173-312 WAC, Coordinated prevention grants.

Purpose: This chapter is to set forth requirements for the conduct of a financial assistance program to provide grants to local governments and programs under the Model Toxics Control Act, and to establish a structure for the administration of coordinated prevention grants funded from the local toxics control account authorized by RCW 82.21.030.

Statutory Authority for Adoption: RCW 70.105D.070(3).

Statute Being Implemented: RCW 70.105D.070(3).

Summary: This amendment is being proposed to correct errors in grammar and punctuation, and to clarify the language of the rule without changing its effect.

Reasons Supporting Proposal: To comply with executive order on regulatory improvement, this amendment is being proposed to correct errors in grammar and punctuation, and to clarify the language of the rule without changing its effect.

Name of Agency Personnel Responsible for Drafting: Kathy Carpenter, Headquarters, Olympia, (360) 407-6216; Implementation and Enforcement: Cullen Stephenson, SEA Program, Olympia, (360) 407-6103.

Name of Proponent: [Department of Ecology], governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of the coordinated prevention grants program are to:

(a) Consolidate all grant programs funded from the local toxics control accounts,

(b) Promote regional solutions and intergovernmental cooperation,

(c) Prevent or minimize environmental contamination by providing financial assistance to local governments,

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

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

(f) Improve efficiency, consistency, reliability, and accountability of grant administration.

This amendment will correct errors in grammar and punctuation, and clarify the language of the rule without changing its effect.

Proposal does not change existing rules.

June 11, 2000

Daniel J. Silver

Deputy Director

OTS-3932.2

AMENDATORY SECTION(Amending Order 90-65, filed 5/21/91, effective 6/21/91)

WAC 173-312-010
Purpose and authority.

(1) The purpose of this chapter is to set forth requirements for the conduct of a financial assistance program to provide grants to local governments for local hazardous waste plans and programs and solid waste plans and programs, ((pursuant to)) under the Model Toxics Control Act, RCW 70.105D.070(3).      The plans and programs referenced in RCW 70.105D.070(3) are designed to prevent or minimize environmental contamination.      Therefor, the grants are designated "coordinated prevention grants" under this chapter.

(2) A further purpose of this chapter is to establish a structure for the administration of coordinated prevention grants funded from the local toxics control account authorized by RCW 82.21.030.      The administrative structure may be extended to other waste management grant programs using other funding sources including the 1972 waste disposal facilities bonds authorized by chapter 43.83A RCW, the 1980 waste disposal facilities bonds authorized by chapter 43.99 RCW, the litter control account authorized by chapter 70.93 RCW, the vehicle tire recycling account authorized by chapter 70.95 RCW, the solid waste management account authorized by chapter 70.95 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 are to:

(a) Consolidate all grant programs funded from the local toxics control account, and ((such)) other programs in subsection (2) of this section ((as)) 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.

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

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

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

(f) Improve efficiency, consistency, reliability, and accountability of grant administration.

Note:

Copies of all cited statutes, rules, and guidelines are available at the Department of Ecology, ((Mailstop: PV-11, Olympia, Washington 98504)) Records Management, P.O. Box 47600, Olympia, Washington 98504-7600.

[Statutory Authority: RCW 43.21A.080.      91-11-090 (Order 90-65), § 173-312-010, filed 5/21/91, effective 6/21/91.      Statutory Authority: RCW 43.21A.080 and chapter 70.105D RCW.      90-18-064 (Order 90-17), § 173-312-010, filed 9/4/90, effective 10/5/90.      Statutory Authority: RCW 70.105B.220 and 70.95.220.      88-17-001 (Order 88-26), § 173-312-010, filed 8/4/88.]

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

"Class one areas" means the counties of Spokane, Snohomish, King, Pierce, and Kitsap and all the cities therein.

"Class two areas" means the counties located west of the crest of the Cascade Mountains and all the cities therein, except Snohomish, King, Pierce, and Kitsap counties.

"Class three areas" means the counties east of the crest of the Cascade Mountains and all the cities therein, except Spokane County.

"Department" means the department of ecology.

"Grant" means the portion of the project costs borne by the department.

"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.

"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 ((regulations)) rules.

"Interlocal costs" are in-kind contributions made to a project by another local government ((pursuant to)) under a valid written agreement between the recipient and the other government ((which)) 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 ((which)) that delegates responsibility to other agencies to execute portions of the plan.

"Local government" means any political subdivision, regional governmental unit, district, municipal or public corporation, including 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 ((pursuant to)) under RCW 70.105.220.

"Match" means that portion of the cash expenditures borne by recipient funds and interlocal costs.

"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 ((which)) 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.

"Recipient" means the entity to which the funding is awarded and ((which)) 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 are identified as recyclable material ((pursuant to)) 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.

"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.

[Statutory Authority: RCW 43.21A.080.      91-11-090 (Order 90-65), § 173-312-020, filed 5/21/91, effective 6/21/91.      Statutory Authority: RCW 43.21A.080 and chapter 70.105D RCW.      90-18-064 (Order 90-17), § 173-312-020, filed 9/4/90, effective 10/5/90.      Statutory Authority: RCW 70.105B.220 and 70.95.220.      88-17-001 (Order 88-26), § 173-312-020, filed 8/4/88.]

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

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

(3) Grants will be awarded within the limits of available funds.      The obligation of the department to make grant payments is contingent upon the availability of funds through legislative appropriation and allotment, and ((such)) other conditions not reasonably foreseeable by the department, which may render performance impossible.

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

(5) All grants ((shall be)) are subject to existing applicable accounting and auditing requirements of state laws and ((regulations)) rules.

[Statutory Authority: RCW 43.21A.080.      91-11-090 (Order 90-65), § 173-312-030, filed 5/21/91, effective 6/21/91.      Statutory Authority: RCW 43.21A.080 and chapter 70.105D RCW.      90-18-064 (Order 90-17), § 173-312-030, filed 9/4/90, effective 10/5/90.      Statutory Authority: RCW 70.105B.220 and 70.95.220.      88-17-001 (Order 88-26), § 173-312-030, filed 8/4/88.]

(1) Eligibility for 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 ((such)) 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 eligibility also extends to any city subsequently requesting funding for the preparation of an independent plan, if ((such)) the city provides for disposal sites wholly within its jurisdiction.

(2) Eligibility for solid waste enforcement grants.      Jurisdictional health departments/districts are eligible to apply for coordinated prevention grants to pay for the enforcement of rules ((and regulations promulgated)) adopted under chapter 70.95 RCW.

(3) Eligibility for solid waste implementation grants.      Counties whose solid waste plans are adopted, approved, and updated 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 projects in the most recently approved and adopted plan((,)): Provided, That ((such)) 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.

If ((such)) the adopted plans designate lead implementation agencies to implement the plans, ((such)) those agencies are also eligible to apply for coordinated prevention grants.

Solid waste plan updates must be submitted to the department no later than July 1, 1991, for class one areas; July 1, 1992, for class two areas; and July 1, 1994, for class three areas; unless an extension is granted by the department.      Local governments that do not comply will not be eligible for coordinated prevention grant funding for solid waste project implementation until the required plan updates are submitted to the department.

(4) Eligibility for hazardous waste planning grants.      Local governments that are required by chapter 70.105 RCW to adopt or update local hazardous waste plans are eligible to apply for coordinated prevention grants to help pay for ((such)) those plans.

(5) Eligibility for hazardous waste plan implementation grants.      Local governments with department-approved local hazardous waste plans as required by chapter 70.105 RCW are eligible to apply for coordinated prevention grants to help pay for the implementation of projects in the plan.      If ((such)) the plans designate lead implementation agencies to implement the plans, ((such)) those agencies are also eligible to apply for coordinated prevention grants.

(6) Any grant-eligible entities as defined in this section may submit their requests in a unified application as described in WAC 173-312-060 (4)(a), or may submit separate applications in a package application as provided in WAC 173-312-060 (4)(b).

[Statutory Authority: RCW 43.21A.080.      91-11-090 (Order 90-65), § 173-312-040, filed 5/21/91, effective 6/21/91.      Statutory Authority: RCW 43.21A.080 and chapter 70.105D RCW.      90-18-064 (Order 90-17), § 173-312-040, filed 9/4/90, effective 10/5/90.      Statutory Authority: RCW 70.105B.220 and 70.95.220.      88-17-001 (Order 88-26), § 173-312-040, filed 8/4/88.]

(1) Eligible project costs are those costs ((that)) 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:

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

(b) Local solid waste planning as required by chapter 70.95 RCW.

(c) Local hazardous waste plan implementation projects.

(d) Local solid waste enforcement by the jurisdictional health departments((/)) and districts.

(e) Local solid waste plan implementation projects, which are limited to:

(i) Projects that implement the requirements of chapter 173-304 WAC for closure of publicly-owned municipal solid waste landfills will be eligible for grant funding ((provided)) if all of the following criteria are met:

(A) The jurisdictional health department/district has required the landfill to reach postclosure no later than September 30, 1995;

(B) Financial assurance accounts for closure and postclosure have been established and maintained as required by chapter 173-304 WAC for landfills closed after November 27, 1989;

(C) The landfill has an approved closure plan as required by chapter 173-304 WAC;

(D) Local governments that have disposed of significant quantities of waste at the landfill make reasonable financial contribution to the costs of closure and postclosure; and

(E) The landfill is not eligible for remedial action grants under chapter 173-322 WAC or identified by the department as potentially requiring remedial action.

The total amount expended from the local toxics control account for solid waste landfill closure ((shall)) may not exceed fifteen million dollars and no funds ((shall)) may be expended for this purpose after December 31, 1995.      No single landfill closure project ((shall be eligible for)) may receive more than five hundred thousand dollars from the local toxics control account.

(ii) Ground water monitoring well projects to meet the requirements of WAC 173-304-490.

(iii) Waste reduction and recycling projects and programs.

(2) Eligible project costs do not include:

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

(b) Landfill closure as required by chapter 173-304 WAC, except for ground water monitoring wells or projects ((which)) that meet the requirements of subsection (1)(e)(i) of this section.

(c) New landfill construction or landfill expansion, or landfill upgrading at an operating facility to meet the requirements of chapter 173-304 WAC.

(d) Garbage collection and disposal, except start-up 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 ((regulations)) rules.

[Statutory Authority: RCW 43.21A.080.      91-11-090 (Order 90-65), § 173-312-050, filed 5/21/91, effective 6/21/91.      Statutory Authority: RCW 43.21A.080 and chapter 70.105D RCW.      90-18-064 (Order 90-17), § 173-312-050, filed 9/4/90, effective 10/5/90.      Statutory Authority: RCW 70.105B.220 and 70.95.220.      88-17-001 (Order 88-26), § 173-312-050, filed 8/4/88.]

(1) 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.

(2) The application ((shall)) must be submitted by the county agency or department having responsibility for solid waste, unless the county executive department ((shall)) selects another agency or department to submit the application.

(3) Coordinated prevention grant applications must:

(a) Include a commitment by the applicant((())s(())) to use local funds to match grant funds according to the requirements of WAC 173-312-090.

(b) Be for eligible projects as defined in WAC 173-312-050.

(c) Include a scope of work that is sufficiently detailed for the department to monitor grant performance.

(d) Include documentation that all cities in the county and lead implementation agencies ((which)) that have approved the adopted local hazardous waste plan or solid waste plan have had the opportunity to request that projects that meet the requirements of WAC 173-312-050 be included in the application.

(4) To obtain coordinated prevention grant funding, a county shall submit either a unified application or a package application, as defined herein:

(a) A unified grant application means that the county, the health department((/)) or district and any other grant eligible entities as defined in WAC 173-312-040 have reached agreement regarding the requested projects and funding allocations for both local solid and local hazardous waste plans and projects.      The submittal will consist of a single county application with specific projects identified to be executed by the county and other local governments.      Unified applications will receive financial incentives for administrative coordination set forth in WAC 173-312-090.

The unified application shall include a maximum grant request for no more than the base funding level for the county, plus the selected financial incentive.

The application ((shall)) 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.

(b) A package application means that the county, the local health department((/)) or district and any other grant-eligible entities as defined in WAC 173-312-040 have not reached agreement regarding the requested projects and funding allocations, or choose to submit individual applications.      The maximum grant request may exceed the base funding level.      A package application is not eligible for the financial incentives for administrative coordination set forth in WAC 173-312-090.      A package application must be submitted by the county.      A package application may consist of individual signed applications from the county, the health department((/)) or district and other grant-eligible entities as defined in WAC 173-312-040; requests from other cities will be submitted as part of the county application.

[Statutory Authority: RCW 43.21A.080.      91-11-090 (Order 90-65), § 173-312-060, filed 5/21/91, effective 6/21/91.]

(1) The department shall consider the following factors in calculating base funding levels, supplemental grant levels, and maximum grant amounts for recipients:

(a) Projected and actual revenue to the local toxics control account, 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.

(2) Grants that may be awarded to eligible cities ((pursuant to)) 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 available each biennium for coordinated prevention grant purposes ((shall)) must be divided into two portions.      After administrative costs have been deducted, allocations will be calculated as follows:

(a) The base funding level ((shall)) must be calculated for each county by means of a formula ((which)) that shall consist of two elements:

(i) A fixed amount for each county, regardless of size; and

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

(b) The smaller portion, as well as unused funds in (a) of this subsection, shall become supplemental funds and ((shall)) must be used for the following purposes:

(i) Financial incentives to local governments for administrative centralization and efficiency;

(ii) Remedial action grants issued ((pursuant to)) under chapter 173-322 WAC, if the need exceeds administrative allocations;

(iii) Landfill closure projects ((meeting)) that meet the requirements of WAC 173-312-050 (1)(e)(i);

(iv) Reserve funds for grants to deal with unanticipated or immediate threats to human health and the environment; and

(v) Supplemental grants, to be awarded based on the criteria set forth in WAC 173-312-070(2).

(4) Applicants must meet the requirements of this chapter to the satisfaction of the department in order to secure grant awards.

[Statutory Authority: RCW 43.21A.080.      91-11-090 (Order 90-65), § 173-312-080, filed 5/21/91, effective 6/21/91.]

(1) Costs eligible under WAC 173-312-050 will be considered for grant funding of up to sixty percent.      At least forty percent of eligible costs must be provided as local cash match.      Counties ((which)) that submit unified applications as defined in WAC 173-312-060 (4)(a) either will be considered for grant funding of up to sixty-five percent((, provided that)) if at least thirty-five percent of eligible costs is provided as local cash match, or will be eligible for a grant amount level ten percent greater than the base funding level.

(2) Counties, and grant-eligible jurisdictions within ((such)) counties, that are determined to be economically disadvantaged will be eligible for an increased state share and a reduced local cash match.      For projects proposed by ((such)) those jurisdictions, costs eligible under WAC 173-312-050 will be considered for grant funding of up to seventy-five percent.      At least twenty-five percent of eligible costs must be provided as local cash match.

Economically disadvantaged counties that submit unified grant applications as defined in WAC 173-312-060 (4)(a) will be eligible for a grant amount ten percent greater than the base funding level.

(3) A county is considered economically disadvantaged if it meets both of the following criteria:

(a) Per capita income, as measured by the latest official estimate of the state office of financial management, is in the lower twenty counties in the state; and

(b) Economic distress exists as defined by chapter 43.165 RCW.

(4) The department will include a list of economically disadvantaged counties as defined in this section in the guidelines for coordinated prevention grants.

(5) Local cash match may be met by cash expenditures and interlocal costs.      Interlocal costs are the only type of in-kind contributions that may be used for local cash match.

[Statutory Authority: RCW 43.21A.080.      91-11-090 (Order 90-65), § 173-312-090, filed 5/21/91, effective 6/21/91.]

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

(2) The coordinated prevention grants shall operate on a biennial funding cycle.      ((Such)) That cycle will consist of:

(a) A base grant phase, during which eligible applicant governments apply for grant funds up to the base funding level set forth in WAC 173-312-080 (3)(a) plus the selected administrative incentives; and

(b) A supplemental grant phase, during which grant recipients request grant amendments including supplemental funding requests for additional funds to assist ongoing or new projects.      The supplemental grant phase will be contingent on the availability of funds to the local toxics control account.

(3) The department will obligate coordinated prevention grant funds to a recipient for a maximum period of two years.      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).

(4) No costs incurred ((prior to)) before the effective date of a grant agreement are eligible unless specific provision is made in the grant agreement for ((such)) those costs.

[Statutory Authority: RCW 43.21A.080.      91-11-090 (Order 90-65), § 173-312-100, filed 5/21/91, effective 6/21/91.]

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