Current through Register Vol. 24-06, March 15, 2024
(1)
Purpose. The purpose of
area-wide groundwater investigation grants is to provide funding to local
governments that investigate known or suspected areas of area-wide groundwater
contamination. The investigations are intended to facilitate the cleanup and
redevelopment of properties affected by area-wide groundwater
contamination.
(2)
Project
eligibility. For the purposes of this grant, a project consists of an
investigation of area-wide groundwater contamination in a single study area. A
project may extend over more than one biennium. To be eligible for a grant, a
project must meet all of the following requirements:
(a) The applicant must be a local
government;
(b) The project must
involve the investigation of known or suspected area-wide groundwater
contamination;
(c) The applicant
must not be required to conduct the investigation under an order or
decree;
(d) The applicant must have
the necessary access to conduct the investigation or obtain such access in
accordance with a schedule in the grant agreement; and
(e) The project must be included in the
ten-year financing plan required under
RCW
70.105D.030(5).
(3)
Funding priority.
The department will prioritize eligible projects for funding or limit funding
for eligible projects based on the priorities in WAC
173-322A-210 and the following
factors:
(a) The threat posed by the hazardous
waste sites to human health and the environment;
(b) Whether the hazardous waste site is
within a redevelopment opportunity zone;
(c) The land reuse potential of the hazardous
waste sites;
(d) Whether the
hazardous waste sites are located within a highly impacted community;
(e) The readiness of the applicant to start
and complete the work to be funded by the grant and the performance of the
applicant under prior grant agreements;
(f) The ability of the grant to expedite the
cleanup of the hazardous waste sites;
(g) The ability of the grant to leverage
other public or private funding for the cleanup and reuse of the hazardous
waste sites;
(h) The distribution
of grants throughout the state and to various types and sizes of local
governments; and
(i) Other factors
as determined and published by the department.
(4)
Application process.
(a)
Project solicitation.
Biennially, the department will solicit project proposals from local
governments to develop its budget and update its ten-year financing plan for
remedial action grants and loans. The department may update its ten-year
financing plan as needed during the biennium. Project proposals must be
submitted on forms provided by the department and include sufficient
information to make the determinations in (c) of this subsection. To be
considered for inclusion in the department's budget for remedial action grants
and loans, project proposals should be submitted by the dates published by the
department.
(b)
Application
submittal. Applications must be submitted on forms provided by the
department and include sufficient information to make the determinations in (c)
and (d) of this subsection. Completed applications should be submitted by the
dates published by the department.
(c)
Project evaluation and
ranking. Project proposals and applications will be reviewed by the
department for completeness and evaluated to determine:
(i) Project eligibility under subsection (2)
of this section; and
(ii) Funding
priority under subsection (3) of this section.
(d)
Agreement development. The
department will make funding decisions only after funds have been appropriated.
After deciding to fund an eligible project, the department will negotiate with
the applicant the scope of work and budget for the grant and develop the
agreement. The department will consider:
(i)
Funding priority under subsection (3) of this section;
(ii) Cost eligibility under subsections (5)
and (6) of this section;
(iii)
Allowable funding under subsections (7) and (8) of this section; and
(iv) Availability of state funds and other
funding sources.
(e)
Fund management. The department may adjust funding levels or fund
additional eligible projects during a biennium if additional funds should
become available.
(5)
Cost eligibility. To be eligible for funding, a project cost must
be eligible under this subsection and the terms of the grant agreement and be
approved by the department.
(a)
Eligible
costs. Eligible costs for an area-wide groundwater investigation grant
include, but are not limited to, the reasonable costs for the following:
(i) Identifying the sources of the area-wide
groundwater contamination;
(ii)
Determining the nature and extent of the area-wide groundwater
contamination;
(iii) Identifying
the preferential groundwater contaminant migration pathways;
(iv) Identifying area-wide geologic and
hydrogeologic conditions; and
(v)
Establishing area-wide natural groundwater quality, including aquifer
classification under WAC
173-340-720.
(b)
Ineligible costs. Ineligible
costs for an area-wide groundwater investigation grant include, but are not
limited to, the following:
(i) The cost of
developing the grant application or negotiating the grant agreement;
(ii) The cost of dispute resolution under the
grant agreement;
(iii) Retroactive
costs, except as provided under subsection (6) of this section;
(iv) Natural resource damage assessment and
restoration costs and liability for natural resource damages under
chapter
70.105D RCW or the
federal cleanup law;
(v) Site
development and mitigation costs not required as part of the remedial
action;
(vi) Legal costs including,
but not limited to, the costs of seeking client advice, pursuing cost recovery,
contribution, or insurance claims, participating in administrative hearings,
pursuing penalties or civil or criminal actions against persons, penalties
incurred by the recipient, the cost of defending actions taken against the
recipient, and any attorney fees incurred by the recipient; and
(vii) In-kind contributions.
(6)
Retroactive
cost eligibility. Retroactive costs are eligible for reimbursement if
the costs are incurred during the period of a prior grant agreement, the costs
are eligible under subsection (5) of this section, and the costs have not been
reimbursed by the department.
(7)
Limit on eligible costs for a project. The eligible costs for a
project may not exceed five hundred thousand dollars.
(8)
Funding of eligible costs.
(a)
Department share. The
department may fund up to one hundred percent of the eligible costs.
(b)
Recipient share. The
recipient shall fund the percentage of the eligible costs not funded by the
department under (a) of this subsection. The recipient may not use in-kind
contributions to meet this requirement.