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The Oregon Administrative Rules contain OARs filed through August 15, 2016
 
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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 83

SOLID WASTE PLANNING AND RECYCLING GRANT RULES

340-083-0010

Purpose and Scope

These rules implement:

(1) ORS 459A.120(2) as amended by Section 7, Chapter 662, Oregon Laws 2015, to provide grants for activities to reduce the environmental and human health impacts of materials at all stages of their life cycles; and

(2) ORS 459A.110 as amended by Section 6a, Chapter 662, Oregon Laws 2015 to provide partial rebates of solid waste tipping fees to distressed counties.

Stat. Auth.: ORS 45A.025 & 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00; DEQ 2-2016, f. & cert. ef. 2-4-16

340-083-0020

Definitions

The definitions in ORS 459.005 and this rule apply to this division. If the same term is defined in this rule and ORS 459.005, the definition in this rule applies to this division.

(1) "Applicant" — The person applying for a grant.

(2) “DEQ” — The Department of Environmental Quality.

(3) "Director" — the Director of DEQ.

(4) "Grant round" — The period of time that starts when DEQ begins accepting new applications for funding and ends when DEQ disburses grant awards from available funds.

(5) "Permit" — A document DEQ issues, bearing the signature of the Director or the Director's authorized representative, which by its conditions may authorize the permittee to construct, install, modify, operate or close a disposal site in accordance with specified limitations.

(6) “Person” — the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.

(7) "Rolling stock" — Motorized vehicles on tires or wheels that have generalized usage such as garbage collection trucks, roll-off trucks, forklifts, trailers, tractors.

Stat. Auth.: ORS 45A.025 & 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00; DEQ 2-2016, f. & cert. ef. 2-4-16

340-083-0030

Eligible Applicants

Any person may apply for a materials management grant.

Stat. Auth.: ORS 45A.025 & 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00; DEQ 2-2016, f. & cert. ef. 2-4-16

340-083-0040

Eligible Projects

DEQ may award grants for any of the following activities:

(1) Activities to reduce the environmental and human health impacts of materials at all stages of their life cycles, such as:

(a) Promoting and enhancing waste reuse and prevention, recycling and other waste recovery activities;

(b) Collecting data;

(c) Researching, planning, developing and applying performance measures;

(d) Developing standards and educational and promotional activities;

(e) Supporting markets;

(f) Demonstrating activities; or

(g) Managing household hazardous wastes and materials.

(2) Solid waste and other materials management planning activities by counties and metropolitan service districts, as approved by DEQ.

Stat. Auth.: ORS 45A.025 & 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 2-2016, f. & cert. ef. 2-4-16

340-083-0050

Ineligible Activities and Costs

Grant funds may not be used for:

(1) Disposal site engineering, design or hydrogeologic study required by DEQ permit or enforcement action.

(2) Costs for which payment has been or will be received under another financial assistance program.

(3) Capital asset expenditures for solid waste or materials management planning, including the purchase or upgrade of computers, other office equipment, or other asset that has an initial estimated useful life beyond a single year.

(4) Costs incurred before DEQ issues a grant agreement.

(5) Costs incurred after the expiration date of the grant agreement.

(6) License applications or permit fees.

(7) Ordinary operating expenses of the grant applicant that are not directly related to the project.

(8) Costs incurred for permitted facility closures.

Stat. Auth.: ORS 45A.025 & 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00; DEQ 2-2016, f. & cert. ef. 2-4-16

340-083-0070

Procedures for Awarding Grants

(1) DEQ shall determine the amount of funds available for grants, if any, at least once per biennium.

(2) DEQ shall establish and publish notice of deadlines to submit grant applications, including the criteria for their evaluation. The announcement may limit the request for applications to specific projects or project areas.

(3) DEQ will develop criteria to use in evaluating and awarding grants that may include but are not limited to the following:

(a) Minimum qualifying score;

(b) Ability of applicant to perform;

(c) Potential to reduce the adverse environmental and human health impacts of materials;

(d) Potential to reduce solid waste generation and exceed the requirements of ORS Chapter 459A;

(e) Potential for ongoing benefits;

(f) Level of commitment to the project; and

(g) Cost of project.

Stat. Auth.: ORS 45A.025 & 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00; DEQ 2-2016, f. & cert. ef. 2-4-16

340-083-0080

Application Procedures

An applicant must provide a complete application for each grant applied for. Application must be made on a form DEQ provides. Each application must include:

(1) Applicant’s contact information;

(2) Description of the project and the expected outcomes;

(3) Workplan and schedule for project completion;

(4) Complete budget, including breakdown of costs;

(5) Signature of applicant's responsible official;

(6) Any other information DEQ requires.

Stat. Auth.: ORS 45A.025 & 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00; DEQ 2-2016, f. & cert. ef. 2-4-16

340-083-0090

Review and Approval

(1) DEQ shall review and approve or deny each grant application that meets the following criteria:

(a) Application must be complete and submitted by the application deadline; and

(b) Project must be eligible under these rules.

(2) DEQ will award grants for approved applications based on their ranking using the evaluation criteria.

(3) DEQ may award some, none or all of the grant funds available in any grant round.

(4) DEQ may award all or part of the grant amount the applicant requests. DEQ shall make that determination based on the application’s merits, the project proposed, and the availability of grant funds.

Stat. Auth.: ORS 45A.025 & 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00; DEQ 2-2016, f. & cert. ef. 2-4-16

340-083-0100

Grant Agreements and Conditions

(1) Following approval and selection of the application, DEQ and the applicant shall enter into an agreement. The agreement must include but is not limited to the following:

(a) Statement of work and schedule;

(b) Requirements of progress reports;

(c) Project management requirements as DEQ specifies;

(d) Statement of authorized activities for rolling stock, purchased in whole or in part with grant funding, during its expected service life;

(e) End date — term of project and grant;

(f) Method of payment;

(g) Terms and conditions of the grant;

(h) Requirements for sharing of information resulting from project; and

(i) Requirements of a project completion report.

(2) DEQ may allow an extension of time for a grantee to complete a project, upon written request by the grantee made prior to the agreement expiration date and receipt of acceptable documentation of need.

(3) DEQ may at any time review and audit requests for payment and make adjustments for, but not limited to, math errors, items not built or bought, unacceptable constructions or lack of progress under the grant.

Stat. Auth.: ORS 45A.025 & 468.020
Stats. Implemented: ORS 459A.120
Hist.: DEQ 6-1991, f. & cert. ef. 5-2-91; DEQ 7-2000, f. & cert. ef. 6-2-00; DEQ 2-2016, f. & cert. ef. 2-4-16

340-083-0500

Rebates to Distressed Counties

(1) By September 30 of each year beginning in 2016, DEQ shall provide a partial rebate of the fees authorized under ORS 459A.110 to the nine most economically-distressed counties in Oregon.

(2) DEQ shall annually identify the counties that will receive the rebate provided for under section (1) and, no later than January 31 of each year, provide notice to:

(a) Each of the economically distressed counties DEQ identifies that will receive a rebate under section (1), and,

(b) Each of the counties that received a rebate during the previous calendar year.

Stat. Auth.: Sec. 6a, Ch. 662, OL 2015
Stats. Implemented: Sec. 6a, Ch. 662, OL 2015
Hist.: DEQ 2-2016, f. & cert. ef. 2-4-16

340-083-0510

Distressed County Index

(1) The Distressed County Index is calculated by multiplying together the following four composite factors using the latest data available on the date of calculation:

(a) The state's unemployment rate divided by the county's unemployment rate (U.S. Department of Labor Bureau of Labor Statistics);

(b) The county's per capita personal income divided by the state's per capita personal income (U.S Department of Commerce Bureau of Economic Analysis);

(c) The percent change in the county’s average covered payroll per worker over a two year period (U.S. Department of Labor Bureau of Labor Statistics); and

(d) The percent change in the county’s employment over a two year period (U.S. Department of Labor Bureau of Labor Statistics).

(2) The nine most distressed counties are the nine counties with the lowest distressed county index values.

Stat. Auth.: Sec. 6a, Ch. 662, OL 2015
Stats. Implemented: Sec. 6a, Ch. 662, OL 2015
Hist.: DEQ 2-2016, f. & cert. ef. 2-4-16

340-083-0520

Tonnage Calculation

(1) As used in this rule and OAR 340-083-0530, “solid waste disposed” means the total weight of solid waste received for final disposal or destruction other than the following:

(a) Sewage sludge or septic tank and cesspool pumpings;

(b) Waste disposed of at an industrial waste disposal site;

(c) Industrial waste, ash, rock, dirt, plaster, asphalt and similar material if delivered to a municipal solid waste disposal site or demolition disposal site;

(d) Waste received at an ash monofill from an energy recovery facility;

(e) Solid waste not generated within this state; and

(f) Solid waste not subject to the fee established in ORS 459A.110(1).

(2) For Umatilla County, the “tonnage disposed” for the county is equal to the solid waste disposed in the previous calendar year that was generated in either the Umatilla or the Milton Freewater wastesheds.

(3) For all other counties, the “tonnage disposed” for each county is calculated by multiplying the solid waste disposed in the previous calendar year that was generated within the wasteshed that contains the majority of the county population, multiplied by the ratio of the county population to the wasteshed population.

(4) The “economically-distressed tonnage disposed” is equal to the sum of “tonnage disposed” for the nine most economically-distressed counties as identified in OAR 340-083-0510.

(5) The “Oregon tonnage disposed” is the sum of the tonnage disposed as calculated in sections (2) and (3) for all Oregon counties combined.

(6) The “tonnage adjustment factor” is calculated as follows:

(a) If the “economically-distressed tonnage disposed” is less than or equal to ten percent of the “Oregon tonnage disposed,” then the “tonnage adjustment factor” is equal to 1.

(b) If the “economically-distressed tonnage disposed” is greater than ten percent of the “Oregon tonnage disposed,” then the “tonnage adjustment factor” is equal to ten percent of the “Oregon tonnage disposed” divided by the “economically-distressed tonnage disposed.”

(7) For each county, the “adjusted tonnage disposed” for each year is equal to the “tonnage disposed” for that county multiplied by the “tonnage adjustment factor.”

Stat. Auth.: Sec. 6a, Ch. 662, OL 2015
Stats. Implemented: Sec. 6a, Ch. 662, OL 2015
Hist.: DEQ 2-2016, f. & cert. ef. 2-4-16

340-083-0530

Payments to Economically-Distressed Counties

(1) For the nine most economically-distressed counties identified in OAR 340-083-0510, the rebate paid to the county as specified in OAR 340-083-0500 (1) is $0.28 multiplied by the “adjusted tonnage disposed” for that county calculated under OAR 340-083-0520.

(2) If a city within one of the nine most economically-distressed counties owns or operates a land disposal site, energy-recovery facility or incinerator, DEQ shall distribute to the city instead of the county the portion of the rebate based on tons of solid waste disposed that was generated in the county and disposed of at the land disposal site or energy recovery facility or incinerator owned by the city.

(3) Moneys a city or county receives through the rebate program may be used only for:

(a) Purposes authorized in ORS 459A.120;

(b) Operating solid waste disposal facilities; or

(c) Reducing disposal fees.

Stat. Auth.: Sec. 6a, Ch. 662, OL 2015
Stats. Implemented: Sec. 6a, Ch. 662, OL 2015
Hist.: DEQ 2-2016, f. & cert. ef. 2-4-16

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