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 11-4-3.2 - Local Governments Solid Waste Assistance Grant Guidelines

(1) The Local Governments Solid Waste Assistance Fund shall be used to provide grants to counties, municipalities, regional solid waste management authorities or multi-county entities for one or more of the following purposes:

(2) Excepting those monies used by the Department for administration of this program, as provided in Section 17-17-65, monies deposited annually in the Local Governments Solid Waste Assistance Fund and any balance of funds not awarded from the previous year shall be allocated as follows:

(3) The amount of non-competitive funds allocated to individual counties shall be based upon the amount of money estimated to be deposited into the Local Governments Solid Waste Assistance Fund during the first three months of the fiscal year plus the balance of funds not awarded from the previous year. All money deposited into the fund after the first three months of the fiscal year shall be retained in the fund for the succeeding fiscal year and included in that year's allocation.

(4) Any county belonging to a regional solid waste management authority or other multi-county entity shall adopt a resolution to allow the regional authority or other multi-county entity to apply for and use the county's noncompetitive funds. In such a case, the county will not be eligible for the annual allocation until the next fiscal year, but remain eligible for the competitive funds.

(5) No grantee shall use more than three percent (3%) of the funds provided to defray the costs of administration of the grant.

(6) Funds provided through a grant award shall not be used to pay any costs of the establishment or operation of a landfill, rubbish disposal site or other type of solid waste disposal facility, for the routine collection of garbage or to collect any fees assessed under Section 19-5-21 or 21-19-2, Mississippi Code Annotated.

(7) A county or municipality that has an inadequate garbage collection and disposal system or an inadequate rubbish disposal system as required by Section 19-5-17 or 21-19-1, Mississippi Code, Annotated, may not receive funding assistance from this fund. Additionally, the county must have a waste tire collection program in place, as required by Section 17-17-409, Mississippi Code Annotated, before a grant award can be approved by the Department.

(8)

(9) If a grantee receives funds to clean up any unauthorized dumps on public or private property, the grantee shall make a reasonable effort to determine if a responsible party or person can be identified and, if so, to require that party or person to clean up the property. If the grantee is unable to locate or identify the responsible party or person, or if the grantee determines that party or person is financially or otherwise incapable of cleaning up the property, the grantee shall make a reasonable effort to recover any funds expended from any known responsible person or from any person subsequently located or identified. Any such funds recovered may be retained and used by the grantee for any lawful expenditure relating to the solid waste assistance grant award.

(10) 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 and will be primarily used for the successful achievement of the project purposes as described in Rule 3.2(A)(1). For purposes of this rule, property shall include structures, fencing, or other items, but not land purchases.

(1) Non-Competitive Fund Grant Applications - Counties may submit an application for the amount of allocated funds described in Rule 3.2(A)(2)(a) these regulations, upon annual notification by the Department.

(2) Competitive Fund Grant Applications - Counties, municipalities, regional solid waste management authorities and other multi-county entities may submit an application for a grant up to the amounts described in Rule 3.2(B)(2)(b) below.

(1) The Department may refuse to approve a grant application for any of the following reasons:

(2) If the Department should refuse to approve a grant application for any reason, the applicant may request a hearing before the Commission in accordance with Section 49-17-35, Mississippi Code, Annotated.

(1) The grantee shall comply with all applicable procurement and purchasing regulations established pursuant to state law.

(2) At the discretion of the Department, monies which are unspent after the grant expiration date shall be forfeited back to the local governments solid waste assistance fund.

(3) The grantee's matching share, if applicable, shall be expended or committed in proportion to the release of state grant funds.

(4) A summary report shall be prepared and submitted to the Department with each reimbursement request, detailing the cost of the project and a summary of the activity conducted during the payment period.

(5) The Commission may include other conditions as part of the grant award, which are determined necessary to reasonably manage the project and/or protect the environment.