Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Agency duty.
The agency shall review all applications received prior to
the appropriate deadline specified in part
7035.5600, subpart
1, and shall exclude from
consideration all applications received after that deadline.
Subp. 2.
Final grant
applications.
Only grant applications considered final pursuant to part
7035.5600, subpart
4, items A and C, as of 4:30
p.m. on the 42nd day following the application deadlines specified in part
7035.5600, subpart
1, except as provided in part
7035.5600, subpart
5, shall be eligible for a
grant award.
Subp. 3.
Establishing priorities.
The agency shall assign a priority ranking to each of the
applications which are eligible for a grant award under subpart
2. This priority ranking
shall be made pursuant to items A to C.
A. The agency shall make the lists and
determinations specified in subitems (1) to (5).
(1) The agency shall make a list of the
counties proposed to be studied under the grant eligible applications
identified under subpart
2.
(2) The agency shall make a list of the
landfills available to and being used by each county identified in subitem
(1).
(3) The agency shall determine
whether the remaining permitted landfill capacity available to and being used
for a majority of the refuse from each of the counties identified in subitem
(1) is greater than or equal to five years or is less than five years. An
applicant may provide recent, reliable data to the agency to assist it in
making these determinations.
(4)
The agency shall determine whether the location of each of the landfills
identified in subitem (2) is environmentally undesirable. The agency shall
determine that a landfill's location is environmentally undesirable if the
landfill meets one or more of the following criteria:
(a) the landfill is located less than 1,000
feet from the normal high water level of a lake, pond, or flowage;
(b) the landfill is located less than 300
feet from a stream;
(c) the
landfill is located within a 100 year flood plain;
(d) the landfill is located within a wetland;
and
(e) the landfill is located on
Karst bedrock.
An applicant may provide recent, reliable data to the agency
to assist it in making these determinations.
(5) After making the determinations specified
in subitem (4), the agency shall determine which counties contribute a majority
of their solid wastes to landfills that are considered to be in environmentally
undesirable locations. An applicant may provide recent, reliable data to the
agency to assist it in making these determinations.
B. The agency shall divide the grant
applications into two groups. All applications whose study areas contain one or
more counties that contribute a majority of their solid wastes to landfills
having less than five years of permitted landfill capacity remaining, as
determined under item A, subitem (3), or that contribute a majority of their
solid wastes to landfills that are determined to be in environmentally
undesirable locations, as determined under item A, subitem (5), shall be placed
in group number one. All other applications shall be placed in group number
two.
C. The agency shall determine
the population growth rate within each application's proposed study area using
1970 and 1980 United States Census Bureau data. The agency shall assign a
priority ranking to applications in groups one and two as provided in subitems
(1) and (2).
(1) First, the agency shall
divide the applications in group one and in group two into subgroups. Subgroup
1 shall contain the applications for planning by a regional development
commission, for joint planning by two or more contiguous counties, and for
joint planning by political subdivisions located in two or more contiguous
counties. Subgroup 2 shall contain all other applications.
(2) Funds shall be awarded, on a priority
basis, in the following order. Priority shall be determined by growth rate,
with the highest priority within each subgroup being given to the applicant
with the highest growth rate:
(a) group 1,
subgroup 1;
(b) group 1, subgroup
2;
(c) group 2, subgroup 1;
and
(d) group 2, subgroup
2.
Subp.
4.
Granting of awards.
The agency shall award grants to applicants in the order of
the priority ranking in subpart
3, item C. No awards shall be
made to any applicant in group two until all applicants in group one have been
awarded grants.
Subp. 5.
Agency action after determination of grantees.
Once the agency has determined which applicants will receive
grants, the agency shall proceed as follows:
A. the agency shall provide a complete
listing of grant awards and of applicant rankings to each applicant;
and
B. within three weeks of the
notification required by item A, the agency shall draft a grant agreement for
each applicant which is to receive a grant in accordance with the requirements
and conditions set out in part
7035.5900.
Statutory Authority: MS s
115A.42
