TITLE 20 ENVIRONMENTAL
PROTECTION
CHAPTER 9 SOLID
WASTE
PART 25 FACILITY
GRANT FUND
20.9.25.1 ISSUING
AGENCY: Environment Department.
[11/30/95; 20.9.25.1
NMAC - Rn, 20 NMAC 9.3.I.100, 8/2/2007]
20.9.25.2 SCOPE: This part
applies to the use of the funds in the solid waste facility grant fund.
[7/16/91, 11/30/95;
20.9.25.2 NMAC - Rn, 20 NMAC 9.3.I.101, 8/2/2007]
20.9.25.3 STATUTORY
AUTHORITY: This part is adopted under the authority of
NMSA 1978, Sections 9-7A-6.E and 74-9-40.
[7/16/91; 20.9.25.3
NMAC - Rn, 20 NMAC 9.3.I.102, 8/2/2007]
20.9.25.4 DURATION:
Permanent.
[11/30/95; 20.9.25.4
NMAC - Rn, 20 NMAC 9.3.I.103, 8/2/2007]
20.9.25.5 EFFECTIVE
DATE: November 30, 1995. This part amends and
replaces the New Mexico environment department regulations, NMED 91-2, filed
June 16, 1991.
[11/30/95; 20.9.25.5
NMAC - Rn, 20 NMAC 9.3.I.104, 8/2/2007]
20.9.25.6 OBJECTIVE: This
part governs the procedures by which municipalities and counties may apply for
grants for solid waste management projects, and by which the department shall
award such grants.
[7/16/91, 11/30/95;
20.9.25.6 NMAC - Rn, 20 NMAC.9.3.I.105, 8/2/2007]
20.9.25.7 DEFINITIONS: As
used in this part:
A. "applicant" means a municipality as defined in
this section or a county that has submitted a grant application, or any number
of such municipalities and/or counties that have submitted a grant application
jointly;
B. "department" means the New Mexico environment department;
C. "fund" means the solid waste facility grant
fund created by NMSA 1978, Section 74-9-41.A.
D. "municipality" means any incorporated city,
town or village, whether incorporated under general act, special act or special
charter, incorporated counties and H class counties;
E. "regionalization" means the combining of
activities of legally and politically distinct municipalities as defined in
this section and/or counties within a geographical area to address through
joint effort or activity mutual solid waste management problems;
F. "secretary" means the secretary of the environment
department;
G. "solid waste" means any garbage, refuse, sludge
from a waste treatment plant, water supply treatment plant or air pollution
control facility and other discarded material, including solid, liquid,
semisolid or contained gaseous material resulting from industrial, commercial,
mining and agricultural operations and from community activities; "solid
waste" does not include:
(1)
drilling fluids, produced waters and other non-domestic wastes
associated with the exploration, development or production, transportation,
storage, treatment or refinement of crude oil, natural gas, carbon dioxide gas
or geothermal energy;
(2)
fly ash waste, bottom ash waste, slag waste and flue gas emission
control waste generated primarily from the combustion of coal or other fossil
fuels and wastes produced in conjunction with the combustion of fossil fuels
that are necessarily associated with the production of energy and that
traditionally have been and actually are mixed with and are disposed of or
treated at the same time with fly ash, bottom ash, boiler slag or flue gas
emission control wastes from coal combustion;
(3)
waste from the extraction, benefication and processing of ores and minerals,
including phosphate rock and overburden from the mining of uranium ore, coal,
copper, molybdenum and other ores and minerals;
(4)
agricultural waste, including, but not limited to, manures and crop
residues returned to the soil as fertilizer or soil conditioner;
(5)
cement kiln dust waste;
(6) sand and gravel;
(7)
solid or dissolved material in domestic sewage or solid or dissolved
materials in irrigation return flows or industrial discharges that are point
sources subject to permits under Section 402 of the Federal Water Pollution
Control Act, 33 U-S.C. Section 1342 or source, special nuclear or by-product
material as defined by the Atomic Energy Act of 1954, 42 U.S.C. Section 2011 et
seq.;
(8)
densified-refuse-derived fuel; or
(9)
any material regulated by Subtitle C of the federal Resource
Conservation and Recovery Act of 1976, substances regulated by the federal
Toxic Substances Control Act or low-level radioactive waste;
H. "solid waste facility" means any public or
private system, facility, location, improvements on the land, structures or
other appurtenances or methods used for processing, transformation, recycling
or disposal of solid waste, including landfill disposal facilities, transfer
stations, resource recovery facilities, incinerators and other similar
facilities not specified, but does not include equipment specifically approved
by order of the secretary to render medical waste noninfectious or a facility
which is permitted pursuant to the provisions of the Hazardous Waste Act and
does not apply to a facility fueled by a densified-refuse-derived fuel that
accepts no other solid waste.
[7/16/91, 20.9.25.7
NMAC - Rn, 20 NMAC.9.3.I.107, 8/2/2007]
20.9.25.8 SEVERABILITY: If
any part or application of this part is held invalid, the remainder, or its
application to other situations or persons, shall not be affected.
[7/16/91, 20.9.25.8
NMAC - Rn, 20 NMAC.9.3.I.106, 8/2/2007]
20.9.25.9 GRANT
APPLICATION:
A. General Grant Application Requirements. Assistance is available on a competitive
basis to qualified municipalities and counties, individually or jointly. Joint
applications will be allowed when two or more eligible municipalities and/or
counties within reasonable proximity of each other propose to address a common
problem.
B. Eligibility.
(1)
Grants shall be made only to applicants that:
(a)
agree to operate and maintain any facility proposed for funding so that
the facility will function properly over its structural and material design
life;
(b)
require the contractor of any facility construction project to post a
performance and payment bond in accordance with the requirements of NMSA 1978,
13-4-18;
(c)
provide a written assurance, signed by an attorney, that it has proper
title, easements leases. and right-of-ways to the property upon which any
facility proposed for funding is to be constructed or improved;
(d)
meet the requirements for financial capability set by the department to
assure sufficient revenues to operate and maintain any facility proposed for
funding for its useful life;
(e)
agree to properly maintain financial records and to conduct an audit of
the project's financial records;
(f)
have a treasurer, clerk, secretary-treasurer, or other individual
responsible for the financial aspects of the project who is bonded;
(g)
employ a registered professional engineer licensed in the state of New
Mexico to provide and be responsible for all engineering services on a project;
(h)
provide a written notice to the department of completion and start of
operation of any grant project;
(i)
provide authorized state officials and representatives with access to
all books, accounts, records, reports, files, and property or facilities
pertaining to the project in order to make audits and inspections; and
(j)
provide the department with quarterly accomplishment reports and an end-of-project
report.
(2)
Plans and specifications for a grant project, where applicable, shall be
approved by the department before a grant is made to an applicant.
(3)
Facilities or systems requiring department solid waste facility permits
shall meet all requirements of the solid waste management regulations, 20.9.2 -
20.9.10 NMAC, and/or the Solid Waste Act, or have an approvable facility/system
application on file at the time of application.
(4)
An applicant that receives solid waste facility grant fund monies shall
comply with all applicable federal, state, and local laws and regulations,
including but not limited to those related to procurement practices, construction
wage rates, and this part.
C. Eligible and Non-eligible Items.
(1)
Eligible items include but are not limited to planning for the
development of a regional solid waste disposal facility or for regional
disposal services. Additionally eligible items may include the costs of
engineering feasibility reports, contracted engineering design, inspection of
construction, special engineering services which includes, but is not limited
to, the preparation of operation and maintenance manuals, and contracted
facility construction, operation or system operation.
(2)
Ineligible items include but are not limited to the costs of water
rights, land, easements and rights-of-way; legal costs; fiscal agents' fees;
and applicant administrative costs.
D. Responsibilities of the Department; Application and
Notification Procedures.
(1)
The department shall administer the solid waste facility grant fund program.
(2)
Application shall be made using standard application forms available from
the department.
(3)
All applications for assistance under the solid waste facility grant
fund program are due on the date(s) specified by the department.
(4) The department shall review the
applications for completeness, eligibility, technical merits, and financial
capability, and rate the applications based on the priority ranking system
described in 20.9.25.10 NMAC.
(5)
The department shall require such additional information as it deems
necessary and appropriate to conduct its evaluation of the applications.
(6)
The department shall make grants to applicants in order of priority as
determined by the priority ranking system and considering the following:
(a)
willingness of an applicant to accept a grant under the program;
(b)
financial capability of the applicant to properly operate and maintain
any project facility; and
(c)
the applicant's readiness to proceed with the project.
(7)
The department shall make its grant determination and notify all
applicants of its determination within ninety (90) days after the close of each
application deadline.
(8)
Grant agreements will be prepared by the department and executed for
those projects which can be financed with available funds.
E. Grant Disbursement Requirements. Payment(s) of awards will be on a
reimbursement basis on a schedule to be developed by the grantee and approved
by the department. Unexpended project funds remaining at the completion of the
project shall revert to the solid waste facility grant fund.
[7/16/91, 11/30/95;
20.9.25.9 NMAC - Rn, 20 NMAC.9.3.II.204, 8/2/2007]
20.9.25.10 PRIORITY
RANKING FOR FACILITY GRANTS:
A. Purpose. This section
provides the procedures to rank applications so that highest priority is based
on greatest need without ability to fund activity by other sources. These
procedures also provide a mechanism to ensure an equitable and reasonable
allocation of funds where there are not sufficient funds available to fund all
eligible projects for which applications have been received.
B. Elements of Ranking Criteria.
(1)
Applications shall be ranked on each of the criteria listed in this
section. Each element shall be awarded a value from 0 to 10, with 10 being the
optimum value. The sum of the numbers awarded each element multiplied by the
weight given the element, will equal the total score of the application, which
will determine its rank when compared to other applications. Maximum points attainable
are 1,100.
|
(2) Criteria: |
Weight |
|
(a) Fiscal capacity/self-funding capability.
Points will be awarded to the extent that local resources, including bonding
capacity, gross receipts taxing authority, are unavailable or inadequate for
use on the proposed project. The
greater the absence of local funding capacity, the higher the score:
(i) complete absence of
funding capacity
(ii) available funding 1% to
29% (iii) available funding 30% to 59% |
25 10 pts. 6 pts 3 pts. |
|
(b) Ability to sustain operation w/o
additional grant funding. Points will
be awarded to the extent that the applicant can demonstrate sufficient
financial support or revenues to sustain the operation of any facility or
system after this award without additional grant funding. The greater the
ability to sustain operation without additional grant funding the higher the
score.
(i) Sufficient support
(ii) Insufficient support |
10 10 pts. 0 pts. |
|
(c) Estimated beneficial time period (i.e.,
life of facility). Points will be
awarded based on the length of time which any facility or improvement will
satisfy the requirements of the affected geographical area. The greater the
length of time (up to twenty-five years) of beneficial use the higher the
score. (i) Minimum of 25 years
(ii) Minimum of 10 but fewer
than 25 years |
10 10 pts. 6 pts |
|
(d) Size of target area/population
served. One point will be awarded for
each 1,000 population increment served up to 10 points. Credit will be given
to combined populations in the event of joint applications. The larger the
target area/population served, the higher the score. One point for each 1,000 population. |
10 |
|
(e) Ability to operate and maintain 10
facility/system. Points will be
awarded to the extent that the applicant can demonstrate satisfactory ability
to operate and maintain any proposed facility. Such demonstration may include
past facility/system operating experience or professional qualifications of
key personnel. The greater the demonstrated ability to operate and maintain
the proposed facility the higher the score. (i) Good ability
(ii) Fair ability
(iii) Poor ability |
10 10 pts. 5 pts. 0 pts. |
|
(f) Demonstration of project need. Points will be awarded based on the extent
to which any project is necessary. The more severe the project need for the
project the higher the score.
(i) Severe need
(ii) Moderate need |
20 10 pts. 5 pts. |
|
(g) Regulatory non-compliance and nature of
violations. Points will be awarded
based on the extent to which any proposed facility or improvement will remedy
underlying causes for regulatory non-compliance. The greater the significance
of the corrected violation(s) in terms of protecting public health and the
environment the higher the score.
(i) 100% correction of
significant violations (ii) Correction unaffected by project |
10 10 pts. 0 pts. |
|
(h) Project Urgency. Up to 10 points will be awarded based on
the urgency of need for the project. The greater the urgency the higher the score.
(i) Project needed within 6
months
(ii) Protect needed within 6
to 12 months |
5 10 pts. 5 pts. |
|
(i) Regionalization Effort. Up to 10 points will be awarded to the
extent that an application is jointly made by more than one municipality or
county. The greater the regionalization effort the higher the score.
(i) Project servicing the entirety
of at least three counties
(ii) Project servicing the
entirety of at least two counties
(iii) Project servicing the
entirety of at least one county |
10 10 pts. 5 pts. 2 pts. |
[7/16/91; 20.9.3.10
NMAC - Rn, 20 NMAC.9.3.III.300 - III.301, 8/2/2007]
HISTORY OF 20.9.25 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with the
commission of public records - state records center and archives.
NMED 91-2, Solid
Waste Facility Grant Fund Regulations, filed 7/16/91.
History of Repealed
Material: [RESERVED]
Other History:
NMED 91-2, Solid
Waste Facility Grant Fund Regulations (filed 7/16/91) was renumbered,
reformatted, amended and replaced by 20 NMAC 9.3, Facility Grant Fund,
effective 11/30/1995.
20 NMAC 9.3,
Facility Grant Fund, (filed 10/31/1995) was renumbered, reformatted and replaced by 20.9.25 NMAC, Facility
Grant Fund, effective 8/2/2007.