California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 10. Solid Waste Cleanup Program

Article 6. Matching Grants to Public Entities

18920. Purpose.

(a) The Board may make matching grants directly from the trust fund to public entities to assist in site remedial actions. The grants shall be used to assist the Board in complying with Public Resources Code section 48020 et seq.

(b) The regulations contained in this Article set forth the requirements to apply for and receive matching grant funds from the trust fund.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48021(b), Public Resources Code.


18921. Matching Grant Eligibility.

(a) Matching grants are available only to public entities that demonstrate the following:

(1) The site remedial action is needed to protect public health and safety and/or the environment; and

(2) The ability to pay the costs of remedial action that exceed the grant amount.

(b) Matching grant funds may be used only for those eligible costs pursuant to Section 18904.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48021(b), Public Resources Code.


18922. Matching Grant Requirements.

Matching grants made pursuant to this Article shall be subject to the following requirements:

(a) The terms of any approved grant shall be specified in a matching grant agreement between the matching grant recipient and the Board.

(b) The Board shall finance up to and not more than 50 percent of the cost of any project up to a maximum of seven hundred and fifty thousand dollars ($750,000) per site.

(c) The Board or the Department of Finance may audit the recipient’s records regarding moneys received pursuant to this Article.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48027(c)(3), Public Resources Code.


18923. Matching Grant Application Process.

(a) Applications for matching grant funds shall be accepted on a continuous basis.

(b) Jurisdictions with eligible sites shall submit an application package which shall include but is not limited to the following information:

(1) A copy of the grant deed with legal description.

(2) Substantiation of threat to public health and safety or the environment. Attach applicable regulatory investigations or enforcement orders, solid waste assessment test (SWAT) reports, or certified environmental assessment reports.

(3) A detailed Scope of Work and Cost Estimate prepared by a registered civil engineer. Cost of eligible and ineligible work must be itemized separately. If local government resources to be reimbursed under this grant agreement are proposed for site cleanup, costs shall be determined in accordance with procedures in State Department of Transportation Standard Specifications Section 9-1.03, force Account Payment, except that overhead and profit markups to direct cost of labor, materials, equipment, or subcontractors will not be allowed.

(4) Proof of compliance with the California Environmental Quality Act (e.g. Notice of Exemption, Initial Study/Negative Declaration, or Environmental Impact Report).

(5) Demonstration of need for requested grant funds. Attach applicant's annual financial operating statements for last three years, independent audits, and other evidence of financial conditions.

(6) Identification of sources of funds to pay for local government match and project costs not eligible for matching grant included in the project.

(7) A copy of the approved resolution from the governing board or council authorizing submittal of the application, certifying availability of matching funds and funds for costs not eligible, and the naming title of the individual authorized to execute any agreements, contract, and requests for payment. This authorized individual will be the only person whose signature the Board will recognize. Applications from joint power authorities consisting of several cities and/or counties must include a signed copy of a written agreement between the governing bodies authorizing the grant applicant to act on their behalf.

(8) Name, address, telephone number, and fax number of the applicant.

All materials submitted will become property of the Board and will be retained for a minimum of three years.

(c) Documents required in subsection (b) shall be submitted to the principal place of business of the California Integrated Waste Management Board.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48020-48028, Public Resources Code.


18924. Preliminary Review of Matching Grant Applications.

Upon receipt, Board staff shall review each application to determine whether the application is complete. Within thirty (30) days of receiving the application Board staff shall send a letter to the applicant with one of the following responses:

(a) The application is incomplete and specifying the deadline and steps, if any, which the applicant may take to correct the identified deficiencies. Following receipt of this notice, applicants that fail to supply the required information or meet any specified deadline shall be rejected from consideration for a grant; or

(b) The applicant is ineligible for a matching grant pursuant to Section 18921 of this Article; or

(c) The applicant is eligible for a matching grant pursuant to Section 18921 of this Article, that the application is complete, and that the application shall be evaluated by Board staff.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48020-48028., Public Resources Code.


18925. Review of Complete Matching Grant Applications and Board Approval.

Upon determination that an application is complete, Board staff shall review each application and prepare a summary of findings. Applications, which meet the following criteria, shall be considered and a decision shall be made by the Board within ninety (90) days of the determination that the application is complete:

(a) The applicant’s source of payment is sufficient to supply the amount of funds needed that exceed the matching grant amount; and

(b) The applicant has adequately demonstrated the appropriateness of the matching grant for use in the project as specified pursuant to Section 18902(c) of this Article.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48021(c), Public Resources Code.


18926. Matching Grant Agreement.

(a) If the Board approves the matching grant, the applicant and the Board shall enter into a written matching grant agreement that identifies and ensures compliance with the terms and conditions specified in Section 18923 and any other special conditions or terms that the Board may deem necessary on a case-by-case basis.

(b) All funds shall be disbursed pursuant to the terms of the grant agreement.

(c) The matching grant recipient must obtain prior written approval from the Board, or its designated representative, for any changes in the matching grant agreement. All requests must include a description of the proposed change(s) and the reason(s) for the change(s).

(d) The Board may terminate any matching grant in whole, or in part, at any time prior to the date of completion, whenever it is determined by the Board as a whole, that the recipient has failed to comply with the terms of the matching grant agreement. The Board shall notify the recipient in writing of the reasons for the termination of the matching grant and the effective date of the termination within five working days of the determination.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48020-48028, Public Resources Code.


18927. Financial Condition Notification.

(a) During the application process and any time thereafter, it shall be the responsibility of the applicant or matching grant recipient to immediately notify the Board of any change in financial condition that would make them either:

(1) Financially able to perform remedial action without Trust Funds; or

(2) Unable to pay for remedial action costs that exceeds the matching grant amount.

(b) Any such changes in conditions and/or failure to notify the Board of any such changes in conditions may nullify eligibility for use of Trust Funds.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48020-48028, Public Resources Code.


Article 7. Board Managed Remediations

18928. Purpose.

(a) The Board may decide to expend available moneys to perform any cleanup, abatement, or remedial action work required under the provisions set forth in Section 18904 which is required by the magnitude of the endeavor or the need for prompt action to prevent substantial pollution, nuisance, or injury to public health or safety and/or the environment. The action may be taken in default of, or in addition to remedial work by the responsible parties or other persons and regardless of whether injunctive relief is being sought.

(b) The Board may perform the work itself or in cooperation with any other governmental agency. Notwithstanding any other provisions of the law, the Board may enter into oral contracts for that work, and the contracts, whether written or oral, may include provisions for equipment rental and in addition the furnishing of labor and materials necessary to accomplish the work. The contracts are exempt from approval by the Department of General Services pursuant to section 10295 of the Public Contract Code.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48021(b), Public Resources Code.


18929. Cost Recovery.

(a) The Board shall pursue cost recovery for each site remediated with funds in accordance with this chapter unless under limited circumstances where a determination is made by the Board that cost recovery will not be pursued based on factors including but not limited to: publicly owned sites maintained in public benefit and use; property owner did not cause the disposal of waste; property owner did not and will not gain a benefit due to condition of property; value of property significantly less than cost of cleanup; hardship to property owner; and in cases where a responsible party cannot be identified.

(b) If a remedial action is taken in the case of threatened pollution or nuisance by the Board and/or any governmental agency, any costs incurred by the Board and/or governmental agency are recoverable from the responsible parties or parties who unlawfully caused such a condition or conditions. Any and all responsible parties are joint and severably liable for any such costs. The amount of those costs shall be recoverable in a civil action by, and paid to, the governmental agency and the Board to the extent of the latter’s contribution to the cleanup costs from available funds.

(c) Reasonable costs shall include the amount expended, the Board’s costs of contract administration, and an amount equal to the interest that would have been earned on the expended funds. The interest rate shall be based on the rate of return for money in the Surplus Money Investment Fund.

(d) Any and all responsible parties are joint and severally liable.

(e) The entry of judgment against any party to the action does not bar any future action by the Board against any other person who is later discovered to be potentially liable for costs paid from the trust fund.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48023, Public Resources Code.


18930. Responsible Parties Identification.

If, despite reasonable efforts by the Board to locate the person(s) responsible for the condition of pollution or nuisance, the person is not identified at the time of cleanup, abatement, or remedial action work must be performed, the Board shall not be required to issue an order under this Chapter.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48020-48028, Public Resources Code.


18931. Eligibility.

Funds may be used only for those costs eligible pursuant to Section 18904.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48021(b), Public Resources Code.


18932. Board Approval.

Upon determination that a site is eligible pursuant to Section 18904 of this Chapter, the site shall be considered by the appropriate Committee, and if necessary, for final recommendation to the Board for approval within ninety (90) days.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48020-48028, Public Resources Code.

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Last updated: CalRecycle regulations are updated continuously as changes are made and approved by the Office of Administrative Law.
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