Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 4 - Nonhazardous Solid Waste Management Regulations
Chapter 3 - Mississippi Commission on Environmental Quality Grant Regulations for Waste Tire and Solid Waste Assistance Funds, Authority
Rule 11-4-3.1 - Waste Tire Grant Guidelines

(a) To counties, municipalities, or regional solid waste management authorities

(b) To persons that will manufacture products from waste tires, use recovered rubber from waste tires or use waste tires as a fuel or fuel supplement and for funding research and demonstration projects directly related to solving solid waste problems resulting from waste tires, herein known as "waste tire recycling/research grants".

(c) To counties, municipalities or regional solid waste authorities for purchase of products derived from Mississippi Waste Tires, herein known as tire-derived product grants.

(d) To counties, municipalities or regional solid waste authorities for providing funds for employment of a solid waste enforcement officer, herein known as solid waste enforcement officer grants.

(a) The Department of Environmental Quality (Department) may receive grant applications at any time. All applications received will be evaluated for consistency with these regulations, subject to the availability of funds.

(b) The entire cost of the local community waste tire collection and clean-up program may be eligible for grant award.

(a) The Department will receive grant applications semiannually. All applications received by April 1 and October 1 of each year will be evaluated for consistency with these regulations, subject to the availability of funds.

(b)

(a) Based on the availability of funding, the Commission on Environmental Quality (Commission) may set aside designated funds for use in awarding grants to local governments to purchase products derived from waste tires generated in Mississippi. Upon the designation of such funds by the Commission, the Department shall advertise the availability of the funding and shall determine and advertise a date during the fiscal year to receive applications for these grant funds.

(b) Grant funds are only available to purchase products that have been sufficiently demonstrated or, where necessary, have been certified as a product for use in the intended purpose.

(a) The Department of Environmental Quality (Department) may receive grant applications from local governments at any time. All applications received will be evaluated for consistency with these regulations, subject to the availability of funds.

(b) Local government applicants which obtain grant funding under Rule 3.2(A)(1) of these regulations for up to 50% of the cost of employing a local solid waste enforcement officer are eligible to receive an additional 25% of the total funding to supplement the primary grant award. Overall funding under these conditions shall not exceed 75% of the total costs of employing a local solid waste enforcement officer.

(c) Local government applicants which obtain grant funding as described in Rule 3.1(A)(5)(b) above may be eligible for an additional 10% of the total funding where the government has adopted an enforceable local solid waste dumping ordinance or code. Overall grant funding under these conditions shall not exceed 85% of the total costs of employing a local solid waste enforcement officer.

(d) In instances where solid waste assistance funds under Rule 3.2(A)(2) are unavailable or where the local government has already committed its eligible solid waste assistance funds to other uses, the local government applicant may be eligible to receive funds under this Section as the primary funding for the cost of employing a local solid waste enforcement officer. Under these conditions, the local government applicant may apply for funds for the payment of up to 50% of the cost of employing the officer.

(e) The cost of employing a solid waste enforcement officer shall be limited to salary and fringe benefits for purposes of these regulations.

(f) Enforcement officers employed with support from these funds shall comply with the conditions and work duties prescribed by the Department for local solid waste enforcement officers.

(g) Where possible, grants under this Section will be awarded either as part of a local community waste tire collection and clean-up grant, described in Rule 3.1(A)(1)(a) and 3.1(A)(2) or a part of a grant awarded for the cost of employing a solid waste enforcement officer, described in Rule 3.2(A)(1)(d) and 3.2(A)(8).

(a) Generally, no grant shall be awarded under Rule 3.1(A)(3) and (4) for any activity, which receives less than 75% of its waste tires from Mississippi waste tire sites, retailers or residents. However, the Commission may consider requests for funding from applicants who do not meet this requirement contingent upon the applicant demonstrating that the activity does or will accept Mississippi waste tires and that the award of the requested funding would be in the best interest of the State of Mississippi. The burden of proof shall be on the applicant to demonstrate that eligibility requirements have been met.

(b) No grant shall be awarded for the purchase or lease of equipment or other property, unless it can be demonstrated that such equipment or property is integral to the successful achievement of the overall goals of Rule 3.1(A)(1)(a), (b), or (c).

(c) No grant shall be awarded to a local government under Rule 3.1(A)(3), (4), or (5), if it is determined that the local government has not developed an adequate local waste tire collection and clean-up program.

(d) No grant shall be awarded if the grant is determined by the Department to be inconsistent with a local, solid waste management plan that has been submitted to and approved by the Commission.

(a) a completed grant application form, as provided by the Department;

(b) a detailed narrative description of the proposed activity and discussion of the technical and economic feasibility of the project;

(c) documentation of completion of the intergovernmental review process as described in the appendix to this rule, including copies of all intergovernmental review agency comments received;

(d) a copy of all local, state, and federal permits to conduct the proposed activity;

(e) all other forms, documents, and supporting information required by the Department.

(a) For local community waste tire collection and clean-up grants:

(b) For waste tire recycling/research grants:

(c) For tire-derived product grants:

(d) For solid waste enforcement officer grants:

(a) the Department determines that the project is not consistent with state law or with Rule 3.1(A) or (B) of these regulations;

(b) the Department determines that the project is not consistent with the approved local solid waste management plan;.

(c) the Department determines that, for those proposals involving incentive recycling projects, the project is not likely to result in the utilization of a manufactured product or recovered rubber, or the utilization of waste tires as a fuel or fuel supplement;

(d) the Department determines that, for those proposals involving research and demonstration projects, the project is not directly related to solving a solid waste problem resulting from waste tires, or is not likely to result in solving the problem;

(e) the Department determines that the applicant does not possess the required local, state, or federal permits necessary to construct or conduct the proposed activity;

(f) the applicant is in violation of, or delinquent on, any condition of a previously awarded grant by this Department;

(g) the applicant has been significantly or habitually in violation of environmental laws, regulations, or permits;

(h) the applicant has deliberately falsified information submitted as part of the application;

(i) the Department determines that the applicant has proposed expenditures for grant project activities or components that are unnecessary or that exceed the expected usual and customary costs for such activities or components.

(j) the Department determines there are insufficient funds in the waste tire account.; and

(k) the proposal ranks lower than other projects based on the factors described in Rule 3.1(B).