Current through Register Vol. XLI, No. 45, November 8, 2024
Section 54-5-4 - Eligibility for ParticipationThe following criteria will determine the eligibility of a proposed project to receive funding under this program:
4.1. The applicant must be a county or regional solid waste authority, or group of such authorities acting collectively for the purpose of the grant project.4.2. Grants will be awarded for a maximum period of one year, provided that the Board may extend this period for up to ninety (90) days. Continued financing for long-term projects will be provided at the sole discretion of the Board. All projects shall be consistent with the goals, objectives, and recommendations of the Comprehensive Litter and Solid Waste Control Plan.4.3. Each fiscal year, the Board will determine both the total amount of funds available for grants and the maximum grant amount for a single applicant. The total amount will be subject to the availability of funds and appropriation by the Legislature and may, at the sole discretion of the Board, be increased/decreased at subsequent meetings of the Board as necessary. The grant amount may be increased when the applicant consists of two (2) or more counties acting collectively for the purposes of a grant.4.4. Solid waste authorities which have not received the Board's approval of their Comprehensive Litter and Solid Waste Control Plan, Commercial Solid Waste Facility Siting Plan, or updates of such plans in accordance with the requirements of W. Va. Code §§ 22C-4-8, 22C-4-24, and the rules promulgated thereunder shall not be eligible for grants other than those awarded for purposes of completing such plans. Eligibility for projects other than completion of the Comprehensive Litter and Solid Waste Control Plan and the Commercial Solid Waste Facility Siting Plan will be reinstated upon the approval of such plans or their updates.4.5. If the purpose of the grant is to fund costs associated with a solid waste facility, the facility must be in compliance with all applicable federal and West Virginia laws and rules, including any compliance orders issued by state agencies and/or departments.4.6. The applicant shall be responsible for establishing and maintaining adequate procedures and internal financial controls governing the management and utilization of funds provided under this grant award. The applicant shall establish a separate checking account through which all grant project related financial transactions shall take place. The applicant shall not use grant monies for any purpose other than those approved by the Board in the grant application. The applicant shall ensure that the programmatic intent and purpose for which the grant funds are expended is implemented, utilized and maintained in an appropriate manner.4.7. The applicant shall cause an audit of this program, including a physical inventory of all property and equipment purchased with grant funds, to be included in its annual audit performed by the Office of the State Auditor, Chief Inspector Division or its designated representative pursuant to W. Va. Code § 6-9-7. A copy of the audit report and inventory shall be forwarded to the Board by the applicant.4.8. At any time during normal business hours, and as often as the Board may deem necessary, the applicant shall make available to the Board all of its records pertaining to this grant and permit the Board to examine and make excerpts, transcripts, or copies from such records, and audit all contracts, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this grant during the period beginning with the project approval and ending three years after the final disbursement of grant funds or until audited, whichever is later.4.9. The applicant shall solicit sealed bids for all construction-related contracts or purchases in accordance with the governing purchasing procedures and guidelines. Any attempts by the applicant to circumvent this requirement by segregating the project into sections each having an estimated value of less than the amount requiring sealed bids may be cause for termination of the agreement.4.9.1. The bids shall be obtained by public notice as a Class II legal advertisement in compliance with the provisions of W. Va. Code § 59-3-2. This notice shall be published by the applicant in the newspaper with the largest circulation serving the general area twice within fourteen (14) days preceding the final date for submitting bids. The applicant shall also, where feasible, solicit sealed bids by mailing requests to prospective suppliers or contractors. The applicant shall have available upon request for review by the Board bid documents and other evidence of compliance with these procedures.4.9.2. The applicant shall comply with the requirements of W. Va. Code § 5G-1-1 et seq., regarding obtaining architectural or engineering services, if such services are needed.4.10. Whenever practicable, grant funds will be disbursed according to the following schedule: fifty percent (50%) at the time of the grant award, and fifty percent (50%) after the applicant has (1) demonstrated to the Board that approximately fifty percent (50%) of the total project funds have been expended, and (2) prepared and received approval of a semi-annual report as described in § 54-5-9.1.1. Provided, however, that upon a finding that disbursement by this schedule will adversely affect the continuity of the project, the Board may disburse funds on a schedule which will ensure continuity.4.11. Applicants with a current grant may not be eligible for the next cycle of grants.4.12. A delinquent final report may cause ineligibility for future grants.