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activities that will take place within the boundaries of an open facility. Recycling activities <br />that may qualify for such a waiver may include recyclables collection, composting, and land <br />application of biosolids for beneficial use. The applicant should request a preliminary <br />determination from the TCEQ as to the eligibility of the project prior to consideration for <br />funding. <br />7. Projects Requiring TCEQ Registration. Projects or facilities that require registration from <br />the TCEQ, and which are otherwise eligible for funding, may be funded. However, the <br />registration for the facility must be finally received before that project can be selected for <br />funding. <br />8. Projects that Create a Competitive Advantage Over Private Industry. In accordance <br />with §361.014(b) of the Texas Health and Safety Code, a project or service funded under <br />this Agreement must promote cooperation between public and private entities and may not <br />be otherwise readily available or create a competitive advantage over a private industry that <br />provides recycling or solid waste services. Under this definition, the term private industry <br />includes non-profit entities. <br />9. Supplanting Existing Funds. Funds provided under this Agreement may not be used to <br />supplant existing funds. In particular, staff positions where the functions assigned to that <br />position will remain the same and that were active at the time of the grant application, and <br />were funded from a source other than a previous solid waste grant, are not eligible for grant <br />funding. This provision does not apply to the salaries for staff of the SUBCONTRACTOR in <br />its conduct of activities under this Agreement. <br />10. Food/Entertainment Expenses. Funds provided under this Agreement may not be used <br />for food or entertainment expenses, including refreshments at meetings and other <br />functions. This provision does not apply to authorized employee per diem expenses for <br />food costs incurred while on travel status. <br />11. Use of Alcoholic Beverages. Funds provided under this agreement may not be used for <br />payment of salaries to any employee who uses alcoholic beverages on active duty. None <br />of these funds may be used for the purchase of alcoholic beverages, including travel <br />expenses reimbursed with these funds. <br />12. Funds to Law Enforcement Agencies. Funds provided under this Agreement may not be <br />provided to any law enforcement agency regulated by Chapter 415 of the Texas <br />Government Code, unless the law enforcement agency is in compliance with all rules <br />developed by the Commission on Law Enforcement Officer Standards and Education <br />pursuant to Chapter 415 of the Texas Government Code, or the Commission on Law <br />Enforcement Officer Standards and Education certifies that the requesting agency is in the <br />process of achieving compliance with such rules. <br />CAPCOG FY2009 Solid Waste Interlocal Contract 19