New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 9 - SOLID WASTE
Part 25 - FACILITY GRANT FUND
Section 20.9.25.9 - GRANT APPLICATION
Universal Citation: 20 NM Admin Code 20.9.25.9
Current through Register Vol. 35, No. 6, March 26, 2024
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.
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