R315-15-16. Grants

  16.1 STATUTORY AUTHORITY.

  Utah Code Annotated 19-6-720 authorizes the Division of Waste Management and Radiation Control to award grants, as funds are available, for the following:

  (a) Used oil collection centers;

  (b) Used oil collection events;

  (c) Curbside used oil collection programs, including costs of retrofitting trucks, curbside containers, and other costs of collection programs; and

  (d) Public education programs and outreach.

  16.2 ELIGIBILITY AND APPLICATION.

  (a) The establishment of new or the enhancement of existing used oil collection centers or curbside collection programs that address the proper management of used lubricating oil may be eligible for grant assistance.

  (b) A Used Oil Recycling Block Grant Application Package, made available by the Director, shall be completed and submitted to the Director for consideration.

  16.3 LIMITATIONS.

  (a) The grantee shall commit to perform the permitted used oil handling activity for a minimum of two years.

  (b) If the two-year commitment is not fulfilled, the grantee may be required to repay all or a portion of the grant amount.

  16.4 USED OIL TRANSPORTATION COSTS FROM USED OIL COLLECTION CENTERS

  (a) Grant funds may be used for costs for a permitted used oil transporter to collect and transport used oil from a used oil collection center (UOCC) located within a rural area that meets the following criteria:

  (1) accepts only:

  (i) DIYER used oil, Type A UOCC; or

  (ii) both DIYER and farmer used oil, Type B UOCC

  (2) is located in a Class 4 municipality, as described in Section 10-2-301, or in an area with a population less than that of a Class 4 municipality;

  (3) stays active with the Used Oil Program for at least two years after receiving the grant or the grant funds shall be reimbursed;

  (4) completes a grant application that is signed by the owner of the collection center; and

  (5) obtains a minimum of one transportation bid from a permitted used oil transporter in accordance with Section R33-5-104.

  (b) Grant funds may be used for costs for a permitted used oil transporter to collect and transport used oil from a Type C Used Oil Collection Center if the UOCC meets the following criteria:

  (1) Is a Utah municipal landfill that is registered as a Type C used oil collection center with the Division of Waste Management and Radiation Control;

  (2) Only allows small businesses that qualify as a Very Small Quantity Generator (VSQGs) of hazardous waste, to deliver used oil in a volume of less than 55 gallons per visit per day; and

  (3) One transportation bid from a permitted used oil transporter is submitted for requests less than $1,000.00, or three bids if over $1,000.00.

  (c) Grant funds may be considered for costs for a permitted used oil transporter to collect and transport used oil from a Used Oil Collection Center that does not meet the criteria outlined in Subsections R315-15-16.4(a) or (b)on a case-by-case basis.

  16.5 FUNDING

  (a) An applicant is not required to provide matching funds.

  (b) The Director may withhold 10 percent of the funds from a grant recipient until the grant is completed and the final documentation submitted.

  (c) The Director may approve a request for advance payment based upon justification offered by the applicant.

  (d) A grant application shall include all bids for expenses to be paid by the grant in accordance with Rule R33-5.

  16.6 APPLICATION CONTENTS

  (a) A grant application form is part of the grant application package available from the Director and consists of the following sections:

  (1) Applicant Information. The applicant shall include basic information regarding the applicant and the individual or entity responsible for the project implementation.

  (2) Used Oil Project Request for Funding. The project funding request shall include the following:

  (i) Background. The background information shall include a description of:

  (A) The absence or existence of used oil collection opportunities in the area to be served by the used oil project; and

  (B) The population of the proposed project area.

  (ii) Project Description and Goals; and

  (iii) Funding Sources.

  (3) Project Budget. The project budget may include a cost breakdown of the following categories:

  (i) Used oil transportation and disposal expenses.

  (ii) Contractor or consultant expenses.

  (iii) Construction expenses.

  (iv) Equipment.

  (v) Materials and supplies.

  (vi) Public education and outreach.

  (4) Eligibility summary. The applicant shall include, as applicable, the following information for each:

  (i) Used oil collection center:

  (A) Name of the facility;

  (B) Physical address; and

  (C) Phone number; and

  (ii) Curbside collection program:

  (A) Name, address, and phone number of the program operator;

  (B) Number of residents served by the program; and

  (C) Collection schedule

  (5) Certification Statement and Signature.

  16.7 APPLICATION SUBMISSION

  Applicants shall submit an original application using the application package of Subsection R315-15-16.2(b) to the Director.

  16.8 AUDIT REQUIREMENTS

  (a) A grant may be subject to a desk or field audit.

  (b) The grantee is responsible for maintaining source documents substantiating the expenditures claimed and shall make them available at the time of an audit.

  (c) Records relating to the implemented program may include:

  (1) Expenditure ledger;

  (2) Paid warrants;

  (3) Contracts;

  (4) Change orders;

  (5) Invoices; and

  (6) Cancelled checks.

  (d) Records shall be maintained for a period of three years from the date of final payment by the State.

  16.9 ADMINISTRATIVE PROCEDURES

  (a) A grantee shall submit a final report within one month of completion of the project or by a later date specified by the Director. The report shall include the following information:

  (1) A description of the completed used oil collection program, including any amendments;

  (2) The estimated number of participants in the program;

  (3) A description of the program's public education efforts;

  (4) A description of measures taken to continue the program; and

  (5) A complete and final itemization of how grant funds were expended.

  16.10 FAILURE TO COMPLY

  Failure to comply with the agreement requirements may result in the Director terminating, suspending, or requiring the grantee to repay some or all of the grant.

  16.11 GRANT PAYMENTS

  (a) General Requirements.

  (1) The Director shall reimburse the grantee for performing only those services as specified in the grant application. Any deviations from the use of funds specified in the application shall be approved by the Director before an expenditure for that item is made.

  (2) Payment shall be made to the grantee only. It shall be the responsibility of the grantee to pay all contractors and subcontractors for purchased goods and services.

  (3) The Director may withhold and retain ten percent of the grant award until the grant is completed and the final documentation submitted.

  (4) Requests for advance payment shall be submitted in writing to the Director and demonstrate that the grantee will incur a specific expenditure(s) prior to or shortly after payment for the State. Suggested documentation includes:

  (i) Purchase orders; and

  (ii) Invoices.

  (5) The Director may partially or fully deny advance payment requests.

  (b) Submittal of payment requests.

  (1) All payment requests shall be submitted using the completed Payment Request Form of the grant application package of Subsection R315-15-16.2(b) and signed by the individual authorized in the grant application.

  (2) Payment requests shall include an itemization of all expenses by budget expense type.

  (3) Payment requests shall include copies of documents supporting the claimed expenses, such as bids, receipts, canceled checks, and sole source justifications. Supporting documents shall contain sufficient information to establish purchases made or costs incurred. At a minimum, the documentation should include the name, amount, and date of purchase for the expense.

  (4) All payment requests shall be submitted to the Director.

  16.12 RELEASE OF FUNDS

  (a) The Director shall review and approve all payment requests before payment is made. The grantee shall meet the following conditions before the Director shall process a payment request during the project term:

  (1) The grantee has submitted any required project reports and the Director has deemed them to be satisfactory;

  (2) The Director has received copies of applicable contracts and/or subcontracts; and

  (3) The grantee has received applicable permits or permit waivers from governmental agencies and the Director has received copies of such documentation.

  (b) After Director approval, payment requests shall be forwarded to the Division of Finance for issuance of pay warrants.

  (c) If ten percent of the total grant was previously withheld, the Director shall release the remaining ten percent upon receipt and acceptance of the final report and final payment request.

  16.13 GRANT CLOSEOUT

  (a) The Director shall close out the grant when it is determined that all applicable administrative actions and all required work of the grant have been completed.

  (b) Upon receipt of the final report, the Director shall ensure all work has been completed and all unexpended funds are refunded to the State.

  (c) The grantee's obligations under the Terms and Conditions of the grant application package of Subsection R315-15-16.2(b) shall be deemed discharged only upon acceptance of the final report by the Director.

  (d) The grantee shall retain all financial and project records, supporting documents, statistical records and other records of projects funded by this program. The Director, or his authorized representative, shall have access to all related records during progress of the project and for at least three years after completion.