West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-05 - Recycling Assistance Grant Program › Section 58-5-6 - General Conditions Applicable to Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. 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; and
6.1.8.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; and
6.1.12. Public and private sector grants
				involving equipment shall have subsequent on-site inspections for the term
				specified.