Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-5-6 - General Conditions Applicable to Grants6.1. The following general conditions apply to counties, municipalities, and instrumentalities applying for funding under the recycling assistance grant program:6.1.1. The applicant shall be an eligible municipal or county government, and/or instrumentality with an expressed commitment to recycling as a long-term solid waste management strategy. This commitment shall be in the form of a formal resolution or ordinance from the local governing body, or a formal policy or rule from a state agency or state instrumentality;6.1.2. The proposed recycling project shall be a logical extension of the applicant's current solid waste management services and/or authority to manage solid waste through recycling;6.1.3. The proposed project shall be designed to affect a significant and measurable reduction in the municipal solid waste stream. All grant proposals shall include analysis and projection of materials that will be diverted from the solid waste currently being landfilled and the costs and/or savings that will directly result from the proposed project;6.1.4. All county or municipal proposals shall plan to involve all or a substantial percentage of the community's residents located in the project area and should include a plan to provide public education regarding the recycling program;6.1.5. Projects proposed for funding shall be designed to collect and recycle at least three items with respect to municipal and county programs and two items with respect to state agency and state instrumentality programs. These items shall be those that are typically discarded with household solid waste (i.e., newspaper, aluminum, steel and bi-metal cans, glass bottles and jars, and number 1 and 2 plastic containers);6.1.6. Project proposals shall include a plan to identify markets able to handle the projected volumes of materials to be collected;6.1.7. The proposal shall clearly demonstrate that the county, municipality, or state instrumentality will be directly involved in the planning, administration, implementation, monitoring and evaluation of the project. The overall operation and coordination of the project shall be conducted directly by an agency of local or state government, or one of its instrumentalities;6.1.8. A grant may be utilized by local and state governments or state instrumentalities for recycling projects in which a private "for profit" business or a not-for-profit organization is contracted to provide a service, or services, only so long as the bid for the services is in accordance with the appropriate local or state government competitive bidding process; 6.1.8.a. The applicant shall solicit sealed bids for all construction-related contracts or purchases which have an estimated value of over five thousand dollars ($5,000). Any attempts by the applicant to segregate the project into sections having an estimated value of less than $5,000 may be cause for termination of grant;6.1.8.b. The bids shall be obtained by public notice as a Class II legal advertisement in compliance with the provision of W. Va. Code, '59-3-2. This notice shall be published by the applicant in the newspaper with the largest circulation serving the general area twice within fourteen days preceding the final date of submitting bids. The applicant shall have available upon request for review by the Division of Natural Resources or its designated representative, bid documentation and other evidence of compliance with these procedures; and6.1.8.c. The applicant shall comply with the requirements of W. Va. Code, '5G-1-1 et seq., in regard to obtaining architectural or engineering services, if those services are needed;6.1.9. A grant may not be used to replace existing personnel, equipment or funding which is currently being provided by the local government;6.1.10. All grant recipients shall hold the title to equipment listing the West Virginia Division of Natural Resources as first lienholder for the lien term. The lien shall apply to equipment purchased with West Virginia Division of Natural Resources grant in whole or part. A copy of the title shall be submitted to the division at the address shown in subsection 14.2 of this rule. The grant recipient shall assume the risk of loss;6.1.11. The division shall determine the lien period for each individual piece of equipment purchased with grant funds using the class-life depreciation schedules published by the Internal Revenue Service. If a piece of equipment is in question as to which class the equipment is to be placed in, the division may make that determination; and6.1.12. Public and private sector grants involving equipment shall have subsequent on-site inspections for the term specified.6.2. The following general conditions apply to non-profit organizations and private enterprises applying for funding under the recycling assistance grant program: 6.2.1. The proposed project shall be designed to affect a significant and measurable reduction in the municipal solid waste stream;6.2.2. The project may provide recycling market procurement efforts; and6.2.3. The project shall be consistent with one or more of the objectives listed under subsection 3.1. of this rule, and include, but is not limited to the recycling activities listed under subdivision 4.2.2. of this rule.6.3. Private Sector Grant Guidelines: 6.3.1. An applicant shall demonstrate through a narrative its past performance in recycling;6.3.2. All equipment specifications shall be a part of the grant application and include the equipment seller's name and the price of the equipment;6.3.3. All equipment purchases shall be done by public bid;6.3.4. The maximum amount of a grant is $50,000;6.3.5. The grantee shall submit quarterly reports showing totals of all recyclables whether or not they relate directly to the grant; and6.3.6. All private sector grants are subject to the general grant guidelines in this rule. Where there is a contradiction, subsection 6.3. applies.