N.M. Admin. Code § 20.9.25.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.9.25.9 - GRANT APPLICATION

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.

N.M. Admin. Code § 20.9.25.9

7/16/91, 11/30/95; 20.9.25.9 NMAC - Rn, 20 NMAC.9.3.II.204, 8/2/2007