California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7

Chapter 4.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program

Article 1. Authority

Section 17990. Scope.

(a) These regulations implement the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program, a grant program for local agencies for purposes of cleaning up and abating the effects of solid waste that is illegally disposed of on farm or ranch property. Regulations contained herein are promulgated pursuant to Public Resources Code (PRC) Chapter 2.5 of Part 7 of Division 30.

(b) Notwithstanding any other provision, the grant program shall be funded from the following funds:

(1) The Integrated Waste Management Fund;
(2) The California Tire Recycling Management Fund;
(3) The California Used Oil Recycling Fund.

(c) The Board shall be authorized to expend the money in the Farm and Ranch Solid Waste Cleanup and Abatement Account for the grant program upon appropriation by the Legislature in the annual Budget Act.

(d) Each year, as part of the annual report required to be submitted pursuant to Section 40507, the Board shall report to the Governor and the Legislature on the actions it has taken under the grant program and the number of illegal sites that have been cleaned up and abated pursuant to the grant program.

Note:

Authority cited: Sections 48100, 48103, and 48104, Public Resources Code.
Reference: Sections 48100, Public Resources Code.


Article 2. Definitions

Section 17991. Definitions.

For the purposes of this Chapter:

(a) "Agreement" means the written document, any amendment(s) and written change orders thereto, which is signed by the Board or its designated representative and the grant recipient and which defines the terms, provisions and conditions governing the grant.

(b) "Applicant" means a local agency, resource conservation district, or Native American tribe applying for a grant for cleanup and/or abatement administered by the California Integrated Waste Management Board.

(c) "Board" means the California Integrated Waste Management Board.

(d) "Farm and/or Ranch property" means a piece of property, publicly or privately owned, that is used for rangeland or agricultural activities such as, but not limited to commercial livestock and crop production, horticulture, aquaculture, silviculture, floriculture, vermiculture and viticulture. Farm or ranch property need not have active sales or production but shall be appropriately zoned or otherwise authorized for agricultural activities. Farm or ranch property includes appurtenant easements or right-of-ways such as, but not limited to, public roads and utilities.

(e) "Grant recipient or grantee" means an applicant whose grant application has been awarded and who has executed a grant agreement pursuant to Public Resources Code section 48101(c).

(f) "Illegal disposal site" means:

(1) A disposal site that is not permitted and not exempt from obtaining a permit and is not a closed site as defined section 20164 of Title 27, Division 2 of California Code of Regulations on which cleanup may be required to abate a nuisance or protect public health and safety and/or the environment.

(g) "Local agency" means the enforcement agency, or other municipal department, that is designated to implement this Chapter by a county or city or a joint powers authority consisting of cities and counties and formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.

(h) "Native American tribe" has the same meaning as tribe, as defined in subdivision (b) Section 44201 of the Public Resources Code.

(i) "Nuisance" includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community, neighborhood, or any considerable number of persons although the extent of the annoyance or damage inflicted upon an individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste.

(j) "Resource conservation district" is a "special district" of the state of California, set up under PRC, Division 9, which is a locally governed agency with its own locally appointed, independent board of directors.

(k) "Remedial action" means any action to abate, prevent, minimize, stabilize, mitigate, or eliminate a threat to public health and safety and/or the environment.

(l) "Responsible party" includes any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who by contract, agreement or otherwise arranged for the transportation to and/or disposal of solid waste at the illegal disposal site;

The term "responsible party", as defined above, may only be construed within the context of this Chapter and Public Resources Code sections 48100 et seq. and shall not be interpreted under any other local, state, or federal statute.

(m) "Threat" or "threaten" means a condition creating a probability of substantial harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, natural resources, or the public health or safety.

Note:

Authority cited: Sections 48100 and 48103, Public Resources Code.
Reference: Sections 48100, 48102, and 48106, Public Resources Code.


Article 3. Eligibility Requirements

Section 17992.1. Purpose.

The Board may award grants directly from the account to local agencies. Grants shall be used to assist the Board in complying with Public Resources Code section 48100 et seq.

Note:

Authority cited: Sections 48100, 48101(a), and 48103, Public Resources Code.
Reference: Sections 48100 and 48101(a), Public Resources Code.


Section 17992.2. Funding Eligibility.

(a) Grants funds may be used only for remedial actions at illegal disposal sites or to reimburse qualifying property owners for eligible costs incurred by remedial actions to their property.

(b) Grant funds may be used only for those eligible remedial actions pursuant to section 17992.4.

Note: Authority cited: Sections 48100, 48101(b), and 48103, Public Resources Code. Reference: Section 48101(b), Public Resources Code.

Section 17992.3. Site Eligibility.
(a) Candidate sites may be eligible for funding only if:

(1) The site is an illegal disposal site as defined in section 17991; and

(2) The site is on a farm and/or ranch property as defined in section 17991; and

(3) The responsible party either cannot be identified, located, or pay for timely and proper remediation; and

(4) Remedial action is required to protect public health and safety and/or the environment, or to abate a nuisance; and

(5) Neither the applicant nor the private property owner was responsible for the illegal disposal of solid waste on the farm or ranch property.

Note:

Authority cited: Sections 48100, 48102, and 48106 Public Resources Code.
Reference: Sections 48102 and 48106, Public Resources Code.


Section 17992.4. Eligible and Ineligible Remedial Actions.

(a) Remedial actions that are appropriate for the use of funds include, but are not limited to: waste removal and disposal and related actions; drainage controls; grading; slope and foundation stabilization; excavation, revegetation, recycling, and site security. Public education to prevent reoccurrence of the illegal disposal is eligible for funding only if included with any of the above eligible remedial actions.

(b) Ineligible remedial actions include, but are not limited to: closure as defined in Section 20164 of Title 27, Division 2 of the California Code of Regulations; ground water remediation; operation and maintenance of leachate, surface water, or vadose zone monitoring systems; closure and postclosure maintenance services; improvements to property for postclosure land uses; preparation of closure or postclosure maintenance plans; removal, abatement, cleanup or otherwise handling of hazardous substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. section 9601(14)].

Note:

Authority cited: Sections 48100, 48103, 40502, and 48025 Public Resources Code.
Reference: Sections 40502 and 48025, Public Resources Code.


Article 4. Grant Process

Section 17993.1. Grant Application Filing Period.

Application packages for grant funding shall be accepted on a continual basis and will be reviewed, scored and ranked quarterly. Application packages received by the Board on or before January 1, April 1, July 1, and October 1 will be considered for award in the quarter commencing on that date.

Note:

Authority cited: Sections 48100 and 48103 Public Resources Code.
Reference: Sections 48100, Public Resources Code.


Section 17993.2. Grant Amounts.

(a) The Board shall not fund more than two hundred thousand dollars ($200,000) per fiscal year for any applicant. If a grant is awarded to a joint powers authority, the joint powers authority and all the cities and counties it represents are limited to a maximum of two hundred thousand dollars ($200,000) per fiscal year. No single cleanup or abatement project shall exceed fifty thousand dollars ($50,000).

(b) The Board shall not fund administrative costs of grantees, which exceed seven (7) percent of the grant.

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

Note:

Authority cited: Sections 48100, 48101(a), and 48103 Public Resources Code.
Reference: Sections 48101(a), Public Resources Code.


Section 17993.3. Contents of the Grant Application Package.

(a) A complete application package for cleanup and abatement work shall include, but is not limited to, all of the following elements:

(1) A Farm and Ranch Solid Waste Cleanup and Abatement Grant Application Cover Sheet, provided by the CIWMB, (CIWMB 634) 02/03. See Appendix A;

(2) A copy of an adopted resolution from the applicant’s governing body, authorizing the submittal of the application and identifying the title of the individual authorized to execute any agreements, contracts and requests for payment to carry out the project;

(3) A description of the following:

(a) the need and overall objective of the project(s),

(b) innovative programs within the jurisdiction to discourage illegal dumping,

(c) any other funds available to cleanup the site(s),

(d) any funds used in the past to remediate problems at the site(s),

(e) the proposed method to evaluate the success of the project, and

(f) previous experience remediating similar sites;

(4) Site Characterization Form, (CIWMB 635) (02/03) (See Appendix A) for each site proposed for remediation activities;

(5) A vicinity map showing the location of each site;

(6) The existing zoning description and designation for the parcel of each site proposed to cleanup;

(7) A signed and notarized affidavit or letter from the property owner stating that they were not responsible for the illegal dumping or degradation of the environment which the grant is proposing to remediate;

(8) A statement that a responsible party cannot be identified, or located, or can pay for timely and proper remediation.

(9) A Work Plan describing the proposed tasks needed to remediate each site, including recycling activities, and an implementation schedule for the proposed tasks; and

(10) A cost estimate for each site which provides a task description, staffing information, duration of each task, a per-hour-cost of each task as well as a total cost for the project.

(b) A complete application package to reimburse costs previously incurred by a farm or ranch property owner shall include all elements in subsection (a), except for 17993.3 (a)(3), 17993 (a)(9), and 17993 (a)(10). In addition, the following elements shall be included in the application for reimbursement:

(1) A description of the following:

(a) the initial need and overall objective of the project(s) at the time it was remediated,

(b) innovative programs within the jurisdiction to discourage illegal dumping,

(c) any other funds available to reimburse costs previously incurred to cleanup the site(s)

(d) any funds used in the past to remediate problems at the site(s),

(e) the success of the project; and

(2) A description of the tasks taken to remediate the site, including the total amount of material removed, types and quantities of waste disposed and recycled, disposal, recycling, and photographs of the project; and

(3) The cost and receipts associated with each task in remediating the site, including costs associated with disposal, recycling, equipment and labor.

Note:

Authority cited: Sections 48100 and 48103 Public Resources Code.
Reference: Sections 48100, Public Resources Code.


Section 17993.4. Review of Grant Applications.

(a) Board staff shall review each grant application package to verify that it is complete pursuant to section 17993.3 and meets the eligibility requirements pursuant to Article 3 of this Chapter.

(b) If the application package is complete and indicates eligibility it will be reviewed and evaluated by the Board based on criteria set forth in sections 17993.5.

(c) The Board shall notify the applicant within twenty days (20) of receipt if the application package is determined to be incomplete. The Board may request additional information related to the grant application required by section 17993.3. The applicant will have a minimum of ten (10) working days, or an additional time period specified by the Board in writing, to submit the requested information to the Board. If the specified timeframe is not met, the application will be disqualified from consideration for a grant during the current grant cycle.

(d) The Board shall notify the applicant within fifteen days (15) from the date that the application is deemed complete if the application package does not meet the eligibility requirements. Written notice of the reason for ineligibility will be sent to the applicant.

Note:

Authority cited: Sections 48100, 48010, and 48103 Public Resources Code.
Reference: Sections 48100, Public Resources Code.


Section 17993.5. Grant Criteria.

The criteria listed below will be used to evaluate each complete application.

(a) Demonstrated the need for the project.

(b) Measurable goals and objectives in the Work Plan.

(c) Descriptions by task of the activities to be undertaken to achieve the objectives.

(d) Description of a method to evaluate the success of the project and determine whether objectives were accomplished.

(e) Demonstration that the project is cost effective. Preference will be given to applicants who use cost savings, such as, use of volunteer labor, in-kind services, and recycling options.

(f) Detail that expenses are reasonable with all program elements are itemized in the budget.

(g) Present complete and clear proposal setting forth deadlines and evidence that applicant or its contractor have sufficient staff resources, technical expertise, and experience managing grant programs.

(h) The quality, cost-effectiveness and innovation of the applicant’s programs designed to discourage illegal waste disposal and to encourage the proper waste disposal in permitted solid waste disposal facilities.

(i) The level of health and safety threats or environmental concerns and public nuisance described in the application,

(j) The environmental soundness and practicality of the proposal.

(k) The maximization of available funds

(l) The applicant's ability to adequately remediate the site with available funds.

(m) The availability of other funds to cleanup the site.

(n) Evidence of a green procurement policy, requiring applicants to use recycled content products, recycled or reusable products, or engage in other waste reduction activities where appropriate and feasible.

Note:

Authority cited: Sections 48100, 48102, and 48103 Public Resources Code.
Reference: Sections 48103, Public Resources Code.


Section 17993.6. Local Agency Grant Agreement for Cleanup.

(a) If the Board approves the grant award, the grant recipient and the Board shall enter into a written grant agreement which contains a description of the project(s) as approved, and which identifies and ensures compliance with this chapter and which incorporates all standard terms and conditions required of state agency agreements.

(b) Payment for work performed by the grantee will be made only after the following conditions have been met and approved by the Board:

(1) completion of the site remedial action as proposed, and

(2) submission of a report on the types and quantities of waste disposed and recycled, and the costs associated with disposal, recycling, equipment and labor.

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

(d) Upon determination by the Board that the recipient has failed to comply with the terms of grant agreement the Board may terminate the grant in whole, or in part, at any time prior to the date of completion. The Board shall notify the recipient in writing of the reasons for the termination of the grant and the effective date of the termination within five (5) working days of the determination.

Note:

Authority cited: Sections 48100 and 48103 Public Resources Code.
Reference: Sections 48101, Public Resources Code.


Section 17993.7. Grant Agreement for Reimbursements.

A grant agreement for reimbursement to a property owner shall include all elements of 17993.6 except for (b) and (c). In addition, the following shall be included:

(a) Payment shall be made only after the site has been fully remediated

(b) The grantee shall disperse the funds, within sixty days (60) of receipt, to the property owner.

Note:

Authority cited: Sections 48100 and 48103 Public Resources Code.
Reference: Sections 48101, Public Resources Code.


Article 5 . Property Owner Grant Application Request

Section 17994.1. Request Process for Cleanup.

(a) A farm or ranch property owner may initiate the process for a grant application by submission of the following information to the applicant for consideration:

(1) A letter requesting that the applicant apply for a grant under this Chapter on the farmer’s or rancher’s behalf. The letter shall include the name, mailing address and phone number of the property owner and the approximate type and quantity of waste disposed on the property; and

(2) A vicinity map showing the location of each site and access points to the parcel of each site being requested for cleanup or reimbursement under the grant.

(3) A signed and notarized affidavit or letter from the property owner stating that they were not responsible for the illegal dumping or degradation of the environment which the grant is proposing to remediate.

(b) The applicant has forty-five (45) days, from receipt of the grant application request, to review the request, conduct a site visit and provide a written determination that the owner is or is not eligible for funds under the Farm and Ranch Solid Waste Cleanup and Abatement Grant program.

(c) If the applicant determines that the property owner is not eligible for a grant, it shall provide the property owner with the reasons. The reasons shall be provided within forty-five (45) days of the receipt of the application request.

(d) Once the applicant determines the property owner’s application request is complete, it shall submit a grant application to the Board within sixty (60) days.

Note:

Authority cited: Sections 48100 and 48103 Public Resources Code.
Reference: Sections 48100, Public Resources Code.


Section 17994.2. Request Process for Reimbursement of Prior Cleanups.

A farm or ranch property owner may initiate the process for a grant application for reimbursement of prior cleanups. If the owner requests reimbursement, the owner shall apply pursuant to 17994.1 and include the following information:

(a) A description of the tasks taken to remediate the site, including the total amount of material removed, types and quantities of wastes disposed and recycled, and photographs of the project; and

(b) The cost and receipts associated with each task in remediating the site, including costs associated with disposal, recycling, equipment and labor.

Note:

Authority cited: Sections 48100 and 48103 Public Resources Code.
Reference: Sections 48100, Public Resources Code.


Section 17994.3. Property Owner Appeal Rights.

(a) If the applicant determines that the property owner is responsible for the illegal waste disposal, the property owner may appeal the decision to the governing body with jurisdiction over the applicant.

(b) The property owner shall submit an appeal to the governing body within fifteen (15) days of receipt of determination of responsibility.

(c) The appeal shall describe the factual basis for the appeal and shall include all relevant documentation.

(d) The governing body shall determine whether or not to overturn the applicant's decision within forty-five (45) days of receipt.

Note:

Authority cited: Sections 48100 and 48103 Public Resources Code.
Reference: Sections 48100, Public Resources Code.

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