Or. Admin. Code § 250-014-0005

Current through Register Vol. 63, No. 10, October 1, 2024

Section 250-014-0005 - Vessel Waste Collection and Boating Infrastructure Grant Program

(1) Program Descriptions:

(a) The Board is authorized to provide federal Clean Vessel Act and Boating Infrastructure Grant funds made available through the U.S. Fish and Wildlife Service, in the form of grants in accordance with ORS 830.137 for the construction, rehabilitation or replacement of facilities, such as vessel waste collection systems, transient tie-ups and related support facilities.

(b) Federal Clean Vessel Act and Boating Infrastructure Grant funds are provided to the Board contingent on availability and approval by the U.S. Fish and Wildlife Service. Federal Clean Vessel Act and Boating Infrastructure Grant funds require at least a 25% non-federal match. For Clean Vessel Act projects, the required non-federal matching funds are generally provided by the Board. All participants must agree to comply with any and all federal funding requirements including but not limited to compliance with the Single Audit Act. federal OMB Circular A-133.

(c) Clean Vessel Act Grant Funds may be used for the construction/renovation of pumpouts, dump stations and floating restrooms.

(d) Clean Vessel Act Grant Funds may not be used for the construction/renovation of upland restroom facilities; or the construction/renovation, operation and maintenance of onsite sewage treatment plants such as package treatment plants and septic systems, or municipal sewage treatment plants for primary and secondary treatment.

(e) Boating Infrastructure Grant funds may be used for the construction/renovation of docks and piers, gangways, fixed and floating breakwaters, debris booms, vessel waste collection systems, utilities and restrooms that principally support tie-up facilities serving non-trailered boats.

(f) Boating Infrastructure Grant funds may not be used for the construction/renovation of any trailered boat facilities, routine maintenance activities, dry stack storage, annual, seasonal or homeport moorage or other related facilities.

(g) Cities, counties, parks and recreation districts, port districts, state agencies, federal agency participants such as U.S. Forest Service, Bureau of Land Management, the Corps of Engineers and private project sponsors are eligible to submit applications for grants.

(2) Procedures:

(a) Pre Application:

(A) Cities, counties, park and recreation districts, port districts, state and federal agencies and private project sponsors that have developed long-range plans for development of boating facilities are encouraged to file a copy with the State Marine Board.

(B) Prior to submitting an application for a Marine Board facility grant, the applicant should contact the Marine Board for a pre-application conference to discuss the proposed project. This will provide applicants with an opportunity to ask any questions regarding the grant program, and will permit the Marine Board staff to assist the applicant in the early planning stages of a project. Requests for application forms, guidance, and assistance may be obtained from: Boating Facilities Section, Oregon State Marine Board.

(C) The Public Boating Facility Grant Procedure Guide, adopted by the Board shall set forth policies, application form and sample cooperative agreement for use by all eligible public participants.

(D) The Private Grant Procedure Guide shall set forth polices, application form and sample cooperative agreement for use by all eligible private participants.

(b) Application: When an applicant for a grant has completed the planning phase, application shall be made to the Board on such forms and manner as described in the Public or Private Procedure Guide. The application must include the following enclosures:

(A) A completed original application form and enclosures.

(B) For Public Project Sponsors, a resolution or statement from the governing body authorizing the project.

(C) For Private Project Sponsors, a statement from the legal owner, corporation or entity authorizing the project.

(D) Permits and Environmental Assessment:

(i) Certification is from the local city or county planning agency that the project is in compliance with local comprehensive plans and zoning ordinances or statement that the project is not subject to these.

(ii) For certain projects, various regulatory permits, leases, licenses, certifications, and plan reviews must be obtained. It is the responsibility of the applicant to secure the necessary clearances prior to implementing any project. The applicant shall indicate to the Board the status of any such permits, etc., as part of its application.

(iii) For all projects, a brief Environmental Checklist describing the anticipated environmental impacts of the project is required.

(E) The following planning attachments must be submitted:

(i) Location map of the city or county, showing geographic reference location of the project.

(ii) Vicinity map showing entire facility, boundaries, geographical features and land use adjacent to the project.

(iii) Site Plan showing the area to be developed with the grant. All items should be clearly labeled on the plan as existing or proposed development including dimensions to scale.

(iv) Photographs of the existing project site. These should be sufficient to show major site features and any special characteristics. (An aerial photo is desirable if available).

(v) A preliminary cost estimate, with calculations and quantities, including all proposed facilities and work tasks. For projects where proposed boating facilities are only a portion of the total cost, the estimate must indicate the boating related facilities to be developed with Marine Board funds.

(vi) Preliminary Plans of all proposed structures, including a plan view (top) and elevation view (side) of each proposed structure.

(vii) Third Party Agreements including copy of leases, special use permits, or intergovernmental agreements if the applicant manages but does not own the project site. If applicable, a cooperative agreement between the eligible applicant and a third party participant outlining scope and nature of the project should be included.

(viii) A description and chronology of notice given to the public of the application or proposed project and the opportunities for public input and the comments received.

(c) Application Evaluation:

(A) Marine Board staff shall evaluate each and every complete grant application using evaluation criteria as established by the Board.

(B) Marine Board staff shall prepare a report and funding recommendation for the Board. A copy of this report will be forwarded to the applicant prior to the Board meeting when the application will be considered.

(C) Incomplete applications will not be considered by the Board.

(D) Board Consideration:

(a) Except as provided in the Consent Agenda Grant Consideration Policy applicants shall plan to attend the Marine Board meeting at which their facility grant request is being considered. The Marine Board staff shall inform applicants as to the date, time, and location of the Board meeting. Failure to appear at the meeting may result in a deferral of the grant request. The Director may waive this requirement for smaller projects or if special conditions prevent the applicant from being present.

(b) Following Board consideration, the applicant shall be advised in writing of the Board's decision. If a denial is made based on the protection of water quality, specific notice shall be provided indicating the point or points of the plan which are inadequate (ORS 830.150(4)).

(c) Prior to issuing any grant, the Board shall hold a public hearing in the area where a facility is to be constructed or land acquired if, in the judgment of the Board, use of the facility would stimulate significant change in the character of the recreational use of the waters.

(d) In order to approve a Facility Grant, the Board shall assure that the project complies with the statewide planning goals and is compatible with applicable acknowledged comprehensive plans by following the procedures set out in the Board's state agency coordination program adopted pursuant to ORS 197.180.

(E) Approved Projects:

(a) Following Board approval of a grant, a special cooperative agreement shall be entered into between the applicant and the Board. This agreement shall describe the responsibilities of all parties. Failure by the applicant to execute the grant agreement within 90 calendar days of project approval by the Board may result in the cancellation of the grant.

(b) The Board requires that projects be completed within a biennial budget period or less from the date of grant approval. Exceptions may be allowed by the Director if warranted by extraordinary circumstances. The Director is authorized to approve project time extensions up to 90 days, provided this is reported to the Board.

(F) Project Closeouts:

(a) The public or private project sponsor shall notify the Board of projection completion. A final billing with cost documentation shall be provided to the Board. After a satisfactory review of billing documentation and final inspection by Marine Board staff, final reimbursement will be authorized.

(b) Upon final approval and inspection by the Marine Board staff, ownership of all facilities (and components) developed with partial or full grant funds shall remain with the public or private project sponsor subject to the terms of the Cooperative Agreement.

(3) Priorities:

(A) Funding:

(a) The funds are available to eligible participants on a full grant or matching basis.

(b) In granting funds, the Board shall give first priority to applications for public facilities and to those facilities which appear to have the greatest public need as determined by the Marine Board.

(c) Grant funds are available each biennial period as prescribed by the Board. Large projects may be phased in over a period of years or bienniums to maximize leverage, distribution and availability of funds.

(d) Notice of grant fund availability will be given once to all interested applicants on or about February 15 for the ensuing new biennial period.

(B) Need:

(a) The Board shall provide grants for Marine facilities as the need for facilities appear to the Board ORS 830.150(2).

(b) When applications for grants exceed funds available, the Marine Board will, pursuant to ORS 830.150(2), consider the results of the Boating Survey conducted in accordance with ORS 830.115 in determining areas of greatest need. The Statewide Six Year Boating Facilities Plan, prepared under ORS 830.110(6), with input from cities, counties, park districts, port districts, state and federal agencies, and private project sponsors, shall also be used to guide the allocation of funds for boat waste collection facilities.

(c) The Board's Public and Private Procedures Guides shall prescribe specific ranking criteria and project priorities.

(4) Policies:

(A) Matching Funds:

(a) It is the policy of the Board to encourage applicants to make use of matching funds. As a part of this policy, applicants will be encouraged to seek other sources of matching monies or to provide some form of matching contribution. This public or private matching contribution may be a "hard" match of cash or a "soft" match may consist of "in-kind' materials such as project administration, design, engineering, force account labor, permit fees exclusively related to the eligible grant component, and in the case of private participants long term maintenance costs. The Board recognizes that, in some instances, this matching contribution may be beyond the applicant's capabilities. In such cases, the Board may provide a grant covering the full eligible project costs.

(b) Grants will be limited to actual certified expenditures for materials, equipment, labor, and services directly related to construction. Applicants are encouraged to supply "in-house" administrative, design, labor, equipment and engineering services as a form of match to the Marine Board grant. "In-kind" participation shall be documented to the maximum extent possible.

(B) Fees:

(a) Since the Board intends to provide the majority of capital development costs in the form of grants, public and private project sponsors shall not charge any type of user fee for the use of vessel waste collection facilities during the term of the Agreement.

(b) To encourage public use, all public and private vessel waste collection facilities developed in whole or in part by grant funds shall be available free for public use during the term of the Agreement.

(c) Approval must be obtained by the Board prior to charging any user fees for all facilities funded by Boating Infrastructure Grant funds. Any fees charged shall be reasonable and based on the prevailing rate charged by other public and private facilities in the area.

(C) Signs:

(a) The Board requires public and private project sponsors to place a credit sign at facilities developed with a Marine Board grant. The use of any federal Clean Vessel Act or Boating Infrastructure Grant funds requires placement of a credit sign at the facility indicating use of federal funds.

(b) The sponsor shall place a standard logo pumpout or dump station sign at each facility developed with federal Clean Vessel Act grant funds.

(c) The cost of design, fabrication and installation of required signs is an eligible cost and may be included in the construction contract.

(D) Applications:

(a) Grant applications must be received 30 calendar days or more prior to scheduled State Marine Board meetings to be considered by the Board. Applicants should contact the Boating Facilities Section Manager concerning grant application deadlines and availability of funds.

(b) Applications will be considered by the Board at regular or special meetings as determined by the Board. Funding periods (rounds) shall be established on or about February 15 for the ensuing new biennium period. Notice will be given to any interested applicant.

(E) Public Use and Access:

(a) All vessel waste collection and transient tie-up facilities developed with Boating Facility Grant funds must be open and available for public use. Reasonable hours of operation may be prescribed if necessary. The facility may be closed for short periods to protect against cold weather damage.

(b) Public and private project sponsors shall agree to provide unrestricted and unencumbered access to the general public by either land or water to vessel waste collection facilities or Boating Infrastructure Grant facilities developed in whole or part with Facility Grants or federal funds.

(F) Cooperative Agreements:

(a) Public and private project sponsors shall enter into an agreement with the Board in the manner and form prescribed by the Board. This agreement, which outlines the terms and conditions of funding and other obligations by all parties, must be executed by the Director and the project sponsor prior to commencing any project work. Failure by the applicant and to execute the agreement within 90 calendar days of project approval by the Board may result in the cancellation of the grant.

(b) The term of the Cooperative agreement for Vessel Waste Collection Systems shall be 10 years and Boating Infrastructure Grant facilities shall be 20 years, the assumed average useful life span of these facilities.

(c) The public or private project sponsor shall provide ordinary and routine maintenance activities during the term of this agreement.

(d) The public or private sponsor shall agree to allow unencumbered facility access to the Board or its authorized agents during the term of the Cooperative Agreement.

(e) Funding recipients shall maintain accurate records on the expenditure of project funds, provide the Board with these records consistent with the agreement and upon request, and permit the Board to audit the use of grant funds in accordance with generally accepted audit practices and standards.

(f) Private project sponsors are not required to follow State of Oregon Public Contract Laws but must procure goods and services at reasonable cost and avoid any favoritism with contractors, vendors or suppliers.

(g) In the event the public or private project sponsor fails to maintain the facility or converts the use of the facility, the public or private project sponsor shall reimburse the Board for all grant funds provided by the Board.

(G) Operation and Maintenance:

(a) Grants will not be approved for the routine maintenance of facilities.

(b) Private Project Sponsors -- Since the Board intends to provide the majority of all capital development costs in the form of grants, the private project sponsor shall agree to furnish long term ordinary and routine operation and maintenance costs as "match" to the project. Annual usage reports will be submitted to the Marine Board in the manner and form described.

(H) Engineering and Design Criteria:

(a) All projects must be designed and engineered by a registered engineer or architect unless completed using force account labor or otherwise provided by law. This will assure the applicant and the Board that proper and necessary provisions are being met with respect to public health, life and safety through the best use of materials and labor at a minimal cost.

(b) Applicants shall forward one copy of the final plans and specifications to the Marine Board staff for review, prior to procuring any contractor or material supplier or commencing any work at the project site. Marine Board staff will notify applicants of plan approval, at which time they may commence implementation of the approved plan.

(c) The Marine Board staff has the capability to provide some design-engineering services for grant applicants. Requests for technical engineering assistance should be directed to the Boating Facilities Section Manager.

(d) A publication by the Board titled Vessel Waste Collection System Guidelines or Layout and Design Guidelines for Recreational Boat Launching and Transient Tie-up Facilities provides basic technical specifications and design criteria for the development of facility grant projects. All projects must comply with these guidelines or other approved methods.

(I) Payments and Inspection:

(a) Partial reimbursement can be made monthly based upon percentage of project completion with submittal of appropriate documentation (invoices, receipts, photographs, etc.). Final reimbursement will be forwarded upon receipt and approval of appropriate final billing documentation, and a satisfactory final inspection by Board staff;

(b) Project sponsors must inform the staff of any alterations to the project, and should provide an early indication of any possible cost overruns or delays which will necessitate a time extension beyond the two year limit;

(c) Reimbursement will not be made for projects initiated or completed prior to approval by the Board and federal granting agency. Recognizing that emergencies may arise, necessitating quick action, applicants with emergencies should contact the Boating Facilities Section Manager for instructions before initiating any improvements;

(d) The Director is authorized to approve minor cost overruns (not to exceed $10,000). Project sponsors must notify the Board of possible overruns prior to incurring them in order to be eligible for possible reimbursement;

(e) Marine Board staff will, within budgetary limitations, inspect each proposed facility site with the grant applicant prior to Board consideration of any grant. A final inspection will, within budgetary limitations, also be made by Marine Board staff prior to the final grant reimbursement;

(f) On-site visits by Marine Board staff shall be made to assure that the facts presented in the application are correct, to furnish Board members such additional data as may be desired, to inspect work in progress, and to perform final project inspections. The public or private project sponsor or third party participant shall agree to give the Board and its authorized agents unrestricted access to the project at all times during the term of the Cooperative Agreement.

Or. Admin. Code § 250-014-0005

MB 8-1995, f. & cert. ef. 11-6-95; OSMB 6-1998, f. & cert. ef. 4-15-98; OSMB 8-2001, f. & cert. ef. 7-30-01; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07; OSMB 7-2013, f. 10-28-13, cert. ef. 1-1-14

Publications referenced are available from the agency.

Stat. Auth.: ORS 830.110 & 830.150

Stats. Implemented: ORS 830.150