California Department of Resources Recycling and Recovery (CalRecycle) 

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

Chapter 7. Special Waste Standards

Article 2.2. Discretionary Grants.

Section 18530. Grant Eligibility.

(a) A jurisdiction which has not received a non-discretionary grant in accordance with Article 2.1, Section 18512, and which submits a grant application for a HHW program to ensure that HW, including, but not limited to, HHW, is not disposed of in a solid waste landfill, and which meets the definition of a HHW Program under Section 18502(a)(13) and that of a proposal under Section 18502(a)(21) of this Chapter, is eligible for a discretionary grant.

(b) A jurisdiction which has received a non-discretionary grant in accordance with Article 2.1, Section 18512, remains eligible to receive a discretionary grant under this Article for the following:

(1) A HHW program which meets the definition under Section 18502(a)(14) of this Chapter; and/or

(2) a portion of an HHW program which was not funded under Article 2.1 of this Chapter in the same grant year.

Note:

Authority cited: Sections 46205 and 46208, Public Resources Code.
Reference: Sections 46400 and 46401, Public Resources Code.


Section 18531. Grant Application Period.

Applications for discretionary grants will be accepted beginning on the first Monday in December of each year commencing in December, 1990, until 4:00 p.m. on the last Friday in February of the next calendar year. Applications received after that date will be returned to the applicant.

Note:

Authority cited: Sections 46205 and 46208, Public Resources Code.
Reference: Section 46401, Public Resources Code.


Section 18532. Grant Amount.

The Board may award a discretionary grant to an eligible jurisdiction in an amount to be determined by the Board, but the amount shall not exceed $120,000 for any individual grant. The award amount will be based upon the amount of monies remaining in the Account after all non-discretionary grants have been awarded for the previous calendar year.

Note:

Authority cited: Sections 46205 and 46208, Public Resources Code.
Reference: Sections 46400 and 46401, Public Resources Code.


Section 18533. Contents of the Grant Application.

Any jurisdiction which applies for a discretionary grant shall submit an application to the Board which includes, but is not limited to, the following:

(a) An application cover sheet, CIWMB Form 302, 3/90 which is incorporated by reference.

(b) A application shall, at a minimum, incorporate the following elements describing the proposed or implemented program:

(1) A description of the HHW disposal problem in the applicant's jurisdiction, including, the amount of HHW generated in the geographic area to be serviced. Include a discussion of the jurisdiction's Waste Generation Study as it relates to the identified HHW disposal problem.

(2) The HHW Element of the Countywide Integrated Waste Management Plan prepared pursuant to Public Resources Code section 41750.

(3) A general description of program goals or objectives for the proposed or completed program, including specific actions which will be taken to mitigate the HHW disposal problem. This section must include a description of the program being proposed and discuss the proposed program in relation to the applicant's HHW Element.

(4) An identification of the tasks necessary to complete the proposed program and an implementation schedule for the proposed tasks.

(5) The geographic area to be serviced, or the geographic area that was serviced.

(6) A budget report describing the costs for each completed program or proposed project within the overall HHW program. This shall include the actual or projected costs of staff, hazardous waste contractor fees, and the actual or projected costs for education, public awareness and/or advertising.

(7) A description of funding sources other than the Account, which will be used, or which have been used for the program.

(8) A report on insurance coverage for the project(s) as required by Title 22, California Code of Regulations, section 67027.147, if applicable.

(9) A copy of or status report on any required variances or permits from the DTSC, and the federal Environmental Protection Agency generator identification number.

(10) A description of any recycling and/or reuse efforts for HHW which will be, or which have been, utilized in conjunction with the proposed project, or completed program, whichever is applicable.

(11) A description of public education and awareness efforts to be utilized or which have been utilized.

(12) A description of cooperative efforts between local government agencies and interested citizen associations and groups, if any, regarding implementation of the program.

(13) Methods the jurisdiction plans to use to evaluate the success of the program, or methods which were used to evaluate the success of the program, whichever is applicable.

(14) A resume of management personnel for the program, detailing their qualifications and experience.

(15) A resolution from the jurisdiction's governing body authorizing submittal of the grant application and identifying the individual authorized to execute all necessary applications, contracts, agreements and amendments to carry out the purposes specified in the application.

(c) The grant application for a discretionary grant may be accompanied by a list of the costs associated with the implementation of specific tasks of the grant application required by (a)(3) in order for the Board to provide partial funding for the program.

Note:

Authority cited: Sections 46205 and 46208, Public Resources Code.
Reference: Sections 46400 and 46401, Public Resources Code.


Section 18533.1. Repealed.


Section 18534. Review of Grant Application.

(a) The Board shall review a discretionary grant application for the following:

(1) to verify that the application is complete; and

(2) to verify that the grant proposal incorporates the elements required by Sections 18533 and 18533.1 of this Article; and

(3) to evaluate the application to determine its eligibility for partial funding of an HHW Program.

(b) The Board may request additional information related to the discretionary grant application required pursuant to Section 18533 of this Article. The applicant will have 10 (ten) working days, or as specified by the Board, to submit the requested information to the Board or it will be disqualified from consideration for a discretionary grant.

Note:

Authority cited: Sections 46205 and 46208, Public Resources Code.
Reference: Sections 46400 and 46401, Public Resources Code.


Section 18534.1. Selection of Grant Recipient.

(a) The Board shall select one or more grant recipients based upon the recipient's satisfaction of the grant proposal elements required pursuant to Section 18533.1 of this Article.

(b) The Board shall give lower priority for grant awards to grant applicants who have received funding for non-discretionary grants under Article 2.1 of this Chapter in the same grant year; and for those applicants who had received discretionary grant funding in the year prior to the current grant year cycle.

Note:

Authority cited: Section 46208 , Public Resources Code.
Reference: Sections 46400 and 46401, Public Resources Code.


Section 18535. Payment of Grant Funds.

Discretionary grant recipients will be awarded grant funds no later than June 30 of each year, commencing in June, 1991.

Note:

Authority cited: Sections 46208 and 46400, Public Resources Code.
Reference: Section 46401, Public Resources Code.


Section 18536. Grant Agreement.

(a) The grant recipient and the Board shall enter into a written grant agreement which contains the grant proposal as approved and which identifies and ensures compliance with the terms and conditions specified in Section 18536.1 and any other special conditions or terms which the Board may deem necessary.

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

Note:

Authority cited: Section 46208, Public Resources Code.
Reference: Sections 46205, Public Resources Code.


Section 18536.1. Terms and Conditions of a Grant Agreement.

The grant recipient shall comply with the following terms and conditions:

(a) Quarterly Progress Reports. The grant recipient shall submit a quarterly progress report to the Board within 30 days following the end of each quarter. The report shall include, but not be limited to:

(1) A statement that the program(s) is or is not on schedule, and a description of the program tasks or milestones and the status of each. Pertinent reports or interim findings shall be appended.

(2) A discussion of any difficulties or special problems encountered in accomplishing the project tasks.

(3) A financial report comparing costs to date with the approved scope of work and the original budget. The report should state whether the program(s) is progressing within the approved budget, and an explanation of any current or anticipated deviations. The report shall include a Balance Sheet showing the program's current assets and liabilities as well as a Statement of Expenditures.

(4) A report of any changes in management personnel.

(5) The report for the fourth quarter will be the Final Report required pursuant to (e) of this section.

(b) Compliance. Grant recipients shall comply with all applicable federal, state and local laws, ordinances, regulations and permits. The recipient shall secure any permits or variances required by the DDS and EPA and any other authorities having jurisdiction over the program(s) including but not limited to, the California Integrated Waste Management Board and the appropriate Regional Water Quality Control Boards. The grant recipients shall maintain or revise all applicable permits, such as solid waste facility permits, as needed.

(c) Auditing.

(1) All grant recipients shall maintain an accounting system for the program that utilizes generally accepted accounting principles and practices. The Board, the State controller's Office and the State Auditor General's Office or their designated representative(s) shall have absolute right of access to all of the grant recipient's records pertaining to the grant agreement in order to conduct reviews and/or audits.

(2) In addition to accounting records, all source documents associated with the accounting records shall be maintained. Source documents include, but are not limited to, bid summaries, contracts with the grant recipient, change orders showing approval by a city or county engineer, purchase orders, invoices, paid warrants, time sheets, labor distribution reports and payroll registers.

(3) The accounting records and source documents shall be retained by the grant recipient for at least three (3) years after expiration of the grant agreement, or until the completion of a Board action and/or resolution of issues which may arise as a result of any litigation, claim negotiation or audit.

(4) If an audit reveals that grant funds have not been spent in accordance with the grant agreement, the recipient shall be required to forfeit the unexpended portion of the grant and repay any improperly spent monies, plus interest at the rate the state would have earned on this money had it remained in the Account. Such forfeitures shall revert to the Account.

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

(e) Final Report. At the end of each fiscal year during which funds are received, the grant recipient shall submit a final report. The report shall be submitted within 60 days of the end of the fiscal year and include, but not be limited to:

(1) A Table of Contents.

(2) A brief summary of the objectives of the grant and how these objectives were accomplished.

(3) Any findings, conclusions, or recommendations for additional activities which result from the Successful completion of the program for that grant year. A statement, if applicable, of future public and/or private support to maintain or further develop the program.

(4) A list of contractors who participated, in whole or in part, in the grant program, including the names, addresses and a description of their work.

(5) Final Financial Statement for the Program. This report shall provide information that enables the Board to determine the final specific use for all grant funds. It shall indicate all other sources of funds utilized by the program. The report shall also account for all revenues generated by the program.

Note:

Authority cited: Sections 46205 and 46208, Public Resources Code.
Reference: Section 46401, Public Resources Code.


Article 3. Repealed

Article 4. Repealed

Article 5. Repealed

Title 14 Home

Last updated: CalRecycle regulations are updated continuously as changes are made and approved by the Office of Administrative Law.
Regulations http://www.calrecycle.ca.gov/Laws/Regulations/
Legal Office: LegalSec@CalRecycle.ca.gov (916) 327-0089