Distribution of fund moneys, uses--grants, distribution ofmoneys--advisory board, solid waste, duties.
260.335. 1. Each fiscal year eight hundred thousand dollars from thesolid waste management fund shall be made available, upon appropriation, tothe department and the environmental improvement and energy resourcesauthority to fund activities that promote the development and maintenanceof markets for recovered materials. Each fiscal year up to two hundredthousand dollars from the solid waste management fund be used by thedepartment upon appropriation for grants to solid waste managementdistricts for district grants and district operations. Only those solidwaste management districts that are allocated fewer funds under subsection2 of this section than if revenues had been allocated based on the criteriain effect in this section on August 27, 2004, are eligible for thesegrants. An eligible district shall receive a proportionate share of thesegrants based on that district's share of the total reduction in funds foreligible districts calculated by comparing the amount of funds allocatedunder subsection 2 of this section with the amount of funds that would havebeen allocated using the criteria in effect in this section on August 27,2004. The department and the authority shall establish a joint interagencyagreement with the department of economic development to identify statepriorities for market development and to develop the criteria to be used tojudge proposed projects. Additional moneys may be appropriated insubsequent fiscal years if requested. The authority shall establish aprocedure to measure the effectiveness of the grant program under thissubsection and shall provide a report to the governor and general assemblyby January fifteenth of each year regarding the effectiveness of theprogram.
2. All remaining revenues deposited into the fund each fiscal yearafter moneys have been made available under subsection 1 of this sectionshall be allocated as follows:
(1) Thirty-nine percent of the revenues shall be dedicated, uponappropriation, to the elimination of illegal solid waste disposal, toidentify and prosecute persons disposing of solid waste illegally, toconduct solid waste permitting activities, to administer grants and performother duties imposed in sections 260.200 to 260.345 and section 260.432.In addition to the thirty-nine percent of the revenues, the department mayreceive any annual increase in the charge during October 1, 2005, toOctober 1, 2014, under section 260.330 and such increases shall be usedsolely to fund the operating costs of the department;
(2) Sixty-one percent of the revenues, except any annual increases inthe charge under section 260.330 during October 1, 2005, to October 1,2014, which shall be used solely to fund the operating costs of thedepartment, shall be allocated through grants, upon appropriation, toparticipating cities, counties, and districts. Revenues to be allocatedunder this subdivision shall be divided as follows: forty percent shall beallocated based on the population of each district in the latest decennialcensus, and sixty percent shall be allocated based on the amount of revenuegenerated within each district. For the purposes of this subdivision,revenue generated within each district shall be determined from theprevious year's data. No more than fifty percent of the revenue allocableunder this subdivision may be allocated to the districts upon approval ofthe department for implementation of a solid waste management plan anddistrict operations, and at least fifty percent of the revenue allocable tothe districts under this subdivision shall be allocated to the cities andcounties of the district or to persons or entities providing solid wastemanagement, waste reduction, recycling and related services in these citiesand counties. Each district shall receive a minimum of seventy-fivethousand dollars under this subdivision. After August 28, 2005, eachdistrict shall receive a minimum of ninety-five thousand dollars under thissubdivision for district grants and district operations. Each districtreceiving moneys under this subdivision shall expend such moneys pursuantto a solid waste management plan required under section 260.325, and onlyin the case that the district is in compliance with planning requirementsestablished by the department. Moneys shall be awarded based upon grantapplications. Any moneys remaining in any fiscal year due to insufficientor inadequate applications may be reallocated pursuant to this subdivision;
(3) Except for the amount up to one-fourth of the department'sprevious fiscal year expense, any remaining unencumbered funds generatedunder subdivision (1) of this subsection in prior fiscal years shall bereallocated under this section;
(4) Funds may be made available under this subsection for theadministration and grants of the used motor oil program described insection 260.253;
(5) The department and the environmental improvement and energyresources authority shall conduct sample audits of grants provided underthis subsection.
3. The advisory board created in section 260.345 shall recommendcriteria to be used to allocate grant moneys to districts, cities andcounties. These criteria shall establish a priority for proposals whichprovide methods of solid waste reduction and recycling. The departmentshall promulgate criteria for evaluating grants by rule and regulation.Projects of cities and counties located within a district which are fundedby grants under this section shall conform to the district solid wastemanagement plan.
4. The funds awarded to the districts, counties and cities pursuantto this section shall be used for the purposes set forth in sections260.300 to 260.345, and shall be used in addition to existing fundsappropriated by counties and cities for solid waste management and shallnot supplant county or city appropriated funds.
5. The department, in conjunction with the solid waste advisoryboard, shall review the performance of all grant recipients to ensure thatgrant moneys were appropriately and effectively expended to further thepurposes of the grant, as expressed in the recipient's grant application.The grant application shall contain specific goals and implementationdates, and grant recipients shall be contractually obligated to fulfillsame. The department may require the recipient to submit periodic reportsand such other data as are necessary, both during the grant period and upto five years thereafter, to ensure compliance with this section. Thedepartment may audit the records of any recipient to ensure compliance withthis section. Recipients of grants under sections 260.300 to 260.345 shallmaintain such records as required by the department. If a grant recipientfails to maintain records or submit reports as required herein, refuses thedepartment access to the records, or fails to meet the department'sperformance standards, the department may withhold subsequent grantpayments, if any, and may compel the repayment of funds provided to therecipient pursuant to a grant.
6. The department shall provide for a security interest in anymachinery or equipment purchased through grant moneys distributed pursuantto this section.
7. If the moneys are not transmitted to the department within thetime frame established by the rule promulgated, interest shall be imposedon the moneys due the department at the rate of ten percent per annum fromthe prescribed due date until payment is actually made. These interestamounts shall be deposited to the credit of the solid waste managementfund.
Distribution of fund moneys, uses--grants, distribution ofmoneys--advisory board, solid waste, duties.
260.335. 1. Each fiscal year eight hundred thousand dollars from thesolid waste management fund shall be made available, upon appropriation, tothe department and the environmental improvement and energy resourcesauthority to fund activities that promote the development and maintenanceof markets for recovered materials. Each fiscal year up to two hundredthousand dollars from the solid waste management fund be used by thedepartment upon appropriation for grants to solid waste managementdistricts for district grants and district operations. Only those solidwaste management districts that are allocated fewer funds under subsection2 of this section than if revenues had been allocated based on the criteriain effect in this section on August 27, 2004, are eligible for thesegrants. An eligible district shall receive a proportionate share of thesegrants based on that district's share of the total reduction in funds foreligible districts calculated by comparing the amount of funds allocatedunder subsection 2 of this section with the amount of funds that would havebeen allocated using the criteria in effect in this section on August 27,2004. The department and the authority shall establish a joint interagencyagreement with the department of economic development to identify statepriorities for market development and to develop the criteria to be used tojudge proposed projects. Additional moneys may be appropriated insubsequent fiscal years if requested. The authority shall establish aprocedure to measure the effectiveness of the grant program under thissubsection and shall provide a report to the governor and general assemblyby January fifteenth of each year regarding the effectiveness of theprogram.
2. All remaining revenues deposited into the fund each fiscal yearafter moneys have been made available under subsection 1 of this sectionshall be allocated as follows:
(1) Thirty-nine percent of the revenues shall be dedicated, uponappropriation, to the elimination of illegal solid waste disposal, toidentify and prosecute persons disposing of solid waste illegally, toconduct solid waste permitting activities, to administer grants and performother duties imposed in sections 260.200 to 260.345 and section 260.432.In addition to the thirty-nine percent of the revenues, the department mayreceive any annual increase in the charge during October 1, 2005, toOctober 1, 2014, under section 260.330 and such increases shall be usedsolely to fund the operating costs of the department;
(2) Sixty-one percent of the revenues, except any annual increases inthe charge under section 260.330 during October 1, 2005, to October 1,2014, which shall be used solely to fund the operating costs of thedepartment, shall be allocated through grants, upon appropriation, toparticipating cities, counties, and districts. Revenues to be allocatedunder this subdivision shall be divided as follows: forty percent shall beallocated based on the population of each district in the latest decennialcensus, and sixty percent shall be allocated based on the amount of revenuegenerated within each district. For the purposes of this subdivision,revenue generated within each district shall be determined from theprevious year's data. No more than fifty percent of the revenue allocableunder this subdivision may be allocated to the districts upon approval ofthe department for implementation of a solid waste management plan anddistrict operations, and at least fifty percent of the revenue allocable tothe districts under this subdivision shall be allocated to the cities andcounties of the district or to persons or entities providing solid wastemanagement, waste reduction, recycling and related services in these citiesand counties. Each district shall receive a minimum of seventy-fivethousand dollars under this subdivision. After August 28, 2005, eachdistrict shall receive a minimum of ninety-five thousand dollars under thissubdivision for district grants and district operations. Each districtreceiving moneys under this subdivision shall expend such moneys pursuantto a solid waste management plan required under section 260.325, and onlyin the case that the district is in compliance with planning requirementsestablished by the department. Moneys shall be awarded based upon grantapplications. Any moneys remaining in any fiscal year due to insufficientor inadequate applications may be reallocated pursuant to this subdivision;
(3) Except for the amount up to one-fourth of the department'sprevious fiscal year expense, any remaining unencumbered funds generatedunder subdivision (1) of this subsection in prior fiscal years shall bereallocated under this section;
(4) Funds may be made available under this subsection for theadministration and grants of the used motor oil program described insection 260.253;
(5) The department and the environmental improvement and energyresources authority shall conduct sample audits of grants provided underthis subsection.
3. The advisory board created in section 260.345 shall recommendcriteria to be used to allocate grant moneys to districts, cities andcounties. These criteria shall establish a priority for proposals whichprovide methods of solid waste reduction and recycling. The departmentshall promulgate criteria for evaluating grants by rule and regulation.Projects of cities and counties located within a district which are fundedby grants under this section shall conform to the district solid wastemanagement plan.
4. The funds awarded to the districts, counties and cities pursuantto this section shall be used for the purposes set forth in sections260.300 to 260.345, and shall be used in addition to existing fundsappropriated by counties and cities for solid waste management and shallnot supplant county or city appropriated funds.
5. The department, in conjunction with the solid waste advisoryboard, shall review the performance of all grant recipients to ensure thatgrant moneys were appropriately and effectively expended to further thepurposes of the grant, as expressed in the recipient's grant application.The grant application shall contain specific goals and implementationdates, and grant recipients shall be contractually obligated to fulfillsame. The department may require the recipient to submit periodic reportsand such other data as are necessary, both during the grant period and upto five years thereafter, to ensure compliance with this section. Thedepartment may audit the records of any recipient to ensure compliance withthis section. Recipients of grants under sections 260.300 to 260.345 shallmaintain such records as required by the department. If a grant recipientfails to maintain records or submit reports as required herein, refuses thedepartment access to the records, or fails to meet the department'sperformance standards, the department may withhold subsequent grantpayments, if any, and may compel the repayment of funds provided to therecipient pursuant to a grant.
6. The department shall provide for a security interest in anymachinery or equipment purchased through grant moneys distributed pursuantto this section.
7. If the moneys are not transmitted to the department within thetime frame established by the rule promulgated, interest shall be imposedon the moneys due the department at the rate of ten percent per annum fromthe prescribed due date until payment is actually made. These interestamounts shall be deposited to the credit of the solid waste managementfund.
Distribution of fund moneys, uses--grants, distribution ofmoneys--advisory board, solid waste, duties.
260.335. 1. Each fiscal year eight hundred thousand dollars from thesolid waste management fund shall be made available, upon appropriation, tothe department and the environmental improvement and energy resourcesauthority to fund activities that promote the development and maintenanceof markets for recovered materials. Each fiscal year up to two hundredthousand dollars from the solid waste management fund be used by thedepartment upon appropriation for grants to solid waste managementdistricts for district grants and district operations. Only those solidwaste management districts that are allocated fewer funds under subsection2 of this section than if revenues had been allocated based on the criteriain effect in this section on August 27, 2004, are eligible for thesegrants. An eligible district shall receive a proportionate share of thesegrants based on that district's share of the total reduction in funds foreligible districts calculated by comparing the amount of funds allocatedunder subsection 2 of this section with the amount of funds that would havebeen allocated using the criteria in effect in this section on August 27,2004. The department and the authority shall establish a joint interagencyagreement with the department of economic development to identify statepriorities for market development and to develop the criteria to be used tojudge proposed projects. Additional moneys may be appropriated insubsequent fiscal years if requested. The authority shall establish aprocedure to measure the effectiveness of the grant program under thissubsection and shall provide a report to the governor and general assemblyby January fifteenth of each year regarding the effectiveness of theprogram.
2. All remaining revenues deposited into the fund each fiscal yearafter moneys have been made available under subsection 1 of this sectionshall be allocated as follows:
(1) Thirty-nine percent of the revenues shall be dedicated, uponappropriation, to the elimination of illegal solid waste disposal, toidentify and prosecute persons disposing of solid waste illegally, toconduct solid waste permitting activities, to administer grants and performother duties imposed in sections 260.200 to 260.345 and section 260.432.In addition to the thirty-nine percent of the revenues, the department mayreceive any annual increase in the charge during October 1, 2005, toOctober 1, 2014, under section 260.330 and such increases shall be usedsolely to fund the operating costs of the department;
(2) Sixty-one percent of the revenues, except any annual increases inthe charge under section 260.330 during October 1, 2005, to October 1,2014, which shall be used solely to fund the operating costs of thedepartment, shall be allocated through grants, upon appropriation, toparticipating cities, counties, and districts. Revenues to be allocatedunder this subdivision shall be divided as follows: forty percent shall beallocated based on the population of each district in the latest decennialcensus, and sixty percent shall be allocated based on the amount of revenuegenerated within each district. For the purposes of this subdivision,revenue generated within each district shall be determined from theprevious year's data. No more than fifty percent of the revenue allocableunder this subdivision may be allocated to the districts upon approval ofthe department for implementation of a solid waste management plan anddistrict operations, and at least fifty percent of the revenue allocable tothe districts under this subdivision shall be allocated to the cities andcounties of the district or to persons or entities providing solid wastemanagement, waste reduction, recycling and related services in these citiesand counties. Each district shall receive a minimum of seventy-fivethousand dollars under this subdivision. After August 28, 2005, eachdistrict shall receive a minimum of ninety-five thousand dollars under thissubdivision for district grants and district operations. Each districtreceiving moneys under this subdivision shall expend such moneys pursuantto a solid waste management plan required under section 260.325, and onlyin the case that the district is in compliance with planning requirementsestablished by the department. Moneys shall be awarded based upon grantapplications. Any moneys remaining in any fiscal year due to insufficientor inadequate applications may be reallocated pursuant to this subdivision;
(3) Except for the amount up to one-fourth of the department'sprevious fiscal year expense, any remaining unencumbered funds generatedunder subdivision (1) of this subsection in prior fiscal years shall bereallocated under this section;
(4) Funds may be made available under this subsection for theadministration and grants of the used motor oil program described insection 260.253;
(5) The department and the environmental improvement and energyresources authority shall conduct sample audits of grants provided underthis subsection.
3. The advisory board created in section 260.345 shall recommendcriteria to be used to allocate grant moneys to districts, cities andcounties. These criteria shall establish a priority for proposals whichprovide methods of solid waste reduction and recycling. The departmentshall promulgate criteria for evaluating grants by rule and regulation.Projects of cities and counties located within a district which are fundedby grants under this section shall conform to the district solid wastemanagement plan.
4. The funds awarded to the districts, counties and cities pursuantto this section shall be used for the purposes set forth in sections260.300 to 260.345, and shall be used in addition to existing fundsappropriated by counties and cities for solid waste management and shallnot supplant county or city appropriated funds.
5. The department, in conjunction with the solid waste advisoryboard, shall review the performance of all grant recipients to ensure thatgrant moneys were appropriately and effectively expended to further thepurposes of the grant, as expressed in the recipient's grant application.The grant application shall contain specific goals and implementationdates, and grant recipients shall be contractually obligated to fulfillsame. The department may require the recipient to submit periodic reportsand such other data as are necessary, both during the grant period and upto five years thereafter, to ensure compliance with this section. Thedepartment may audit the records of any recipient to ensure compliance withthis section. Recipients of grants under sections 260.300 to 260.345 shallmaintain such records as required by the department. If a grant recipientfails to maintain records or submit reports as required herein, refuses thedepartment access to the records, or fails to meet the department'sperformance standards, the department may withhold subsequent grantpayments, if any, and may compel the repayment of funds provided to therecipient pursuant to a grant.
6. The department shall provide for a security interest in anymachinery or equipment purchased through grant moneys distributed pursuantto this section.
7. If the moneys are not transmitted to the department within thetime frame established by the rule promulgated, interest shall be imposedon the moneys due the department at the rate of ten percent per annum fromthe prescribed due date until payment is actually made. These interestamounts shall be deposited to the credit of the solid waste managementfund.
