Res 2016-051/Interlocal cooperation agreement with Capital Area Council of Governments for FY2016 Solid Waste Equipment and Servcies

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provided for under the terms of this Contract, the use of funds provided under this Contract shall be in accordance with the supplemental funding standards set forth in this Article. Payment of Fees. 1. Local and regional political subdivisions subject to the payment of state solid waste disposal fees and whose payments are in arrears are not eligible to receive grant funding. Land Acquisition Costs. 2. Funds provided under this Contract may not be used to acquire land or an interest in land. Municipal Solid Waste-Related Programs Only. 3. Funds provided under this Contract may not be used for programs dealing with wastes that are not considered municipal solid waste (MSW), including programs dealing with industrial or hazardous wastes. Activities Related to the Disposal of Municipal Solid Waste. 4. Except as may be specifically authorized under an eligible project category, funds provided under this Contract may not be used for activities related to the disposal of municipal solid waste. This restriction includes: solid waste collection and transportation to a disposal facility; waste combustion (incineration or waste-to- energy); processing for reducing the volume of solid waste which is to be disposed of; any landfill- related facilities or activities, including the closure and post-closure care of a landfill; or other activities and facilities associated with the ultimate disposal of municipal solid waste. This provision does not apply to activities specifically included under an authorized project category, to Projects Requiring a TCEQ Permit. 5. Funds may not be used for expenses related to projects or facilities that require a permit from the TCEQ and/or that are located within the boundaries of a permitted facility, including landfills, wastewater treatment plants, and other facilities. This provision, however, may be waived by the TCEQ, at its discretion, for otherwise eligible activities to be located at a closed permitted facility and/or for recycling activities that will take place within the boundaries of an open facility. Recycling activities that may qualify for such a waiver may include recyclables collection, composting, and land application of biosolids for beneficial use. The applicant should request a preliminary determination from the TCEQ as to the eligibility of the project prior to consideration for funding. Projects Requiring TCEQ Registration. 6. Projects or facilities that require registration from the TCEQ, and which are otherwise eligible for funding, may be funded. However, the registration for the facility must be finally received before that project can be selected for funding. Projects that Create a Competitive Advantage Over Private Industry. 7. In accordance with §361.014(b) of the Texas Health and Safety Code, a project or service funded under this Contract must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition, the term private industry includes non-profit entities. Supplanting Existing Funds. 8. Funds provided under this Contract may not be used to supplant existing funds. In particular, staff positions where the functions assigned to that position will remain the same and that were active at the time of the grant application, and were funded from a source other than a previous solid waste grant, are not eligible for grant funding. This provision does not apply to the salaries for staff of the SUBCONTRACTOR in its conduct of activities under this Contract. CAPCOG FY2016 ЊБ Solid Waste Interlocal Contract