PURPOSE: This rule contains procedures and provisions for solid waste management districts to apply for planning/organizational grants from the Solid Waste Management Fund.

1. (1) Applicant Eligibility. This rule covers all of the counties in Missouri. Applicants for a grant as described in this rule must be the Missouri counties that have joined together to form solid waste management districts and who have been recognized by the department by a Notification of Formation.

2. (2) District Notification. The department will grant a solid waste district Notification of Formation upon completion of the following requirements:

   1. (A) In the event all counties within the region agree to form the solid waste management district, the governing body of each county shall concurrently submit to the department an ordinance, resolution or order stating its intent to form the solid waste management district;
   2. (B) In the event that a unanimous decision to form a solid waste management district is not reached by all of the counties within the region, the following documentation should be submitted concurrently to the department: a copy of a letter of invitation sent by the proposed solid waste management district to all other counties within the region to join the proposed district; and copies of resolutions from each county’s governing body, stating either their acceptance or denial of the invitation to join the proposed solid waste management district; and
   3. (C) The question to join the proposed solid waste management district may be submitted or resubmitted to the voters of any county upon the submission of a petition signed by a number of voters which is at least equal to five percent (5%) of those voting in the most recent gubernatorial election. The election authority shall notify the secretary of state as to the results of the election. Those counties where the question received a majority of the votes cast will be included in the solid waste district’s Notification of Formation issued by the director of the department.
3. (3) Receipt of Application. Applications for the grants described in this rule must be received by the department between July 1 and midnight on September 30 of the subject fiscal year.

4. (4) Grant Award Amount.

   1. (A) The state grant funds awarded to each district during each fiscal period ending on midnight June 30, will be equal to three (3) times the amount of matching funds proffered by the district, but not exceeding twenty thousand dollars ($20,000).
   2. (B) Matching funds proffered by districts may not include in-kind contributions of funds received from the Solid Waste Management Fund, including the Waste Tire Subaccount. Eligible match funds may include cash, salaries, or rents and utilities, or any combination of these, so long as these are directly related to district operations.

5. (5) Grant Denial or Reduction. An applicant may be denied funding, or funding may be reduced, for any of the following reasons:

   1. (A) An applicant does not meet eligibility requirements pursuant to section (2) of this rule;
   2. (B) The application is not received by the deadline of midnight September 30 of the subject fiscal year; or
   3. (C) The district is not in compliance with the requirements of section 260.325, RSMo.

6. (6) Application Form. Districts eligible to receive district operations grant funding shall submit a written request to the department as specified in section (3) of this rule. Requests shall include verification and justification that all matching funds are eligible funds for the match requirements. Requests shall specify the purposes for which the grant funds will be used. Allowable uses for these funds are—

   1. (A) District plan development;
   2. (B) District plan implementation; and
   3. (C) District administrative or operational expenses.

AUTHORITY: sections 260.225 and 260.335, RSMo (Cum. Supp. 1990).* Emergency rule filed Aug. 15, 1991, effective Aug. 25, 1991, expired Dec. 13, 1991. Original rule filed Aug. 15, 1991, effective Feb. 6, 1992. Emergency amendment filed Sept. 15, 1993, effective Sept. 25, 1993, expired Jan. 22, 1994. Amended: Filed Sept. 15, 1993, effective May 9, 1994.

*Original authority: 260.225, RSMo (1972), amended 1975, 1986, 1988, 1990 and 260.335, RSMo (1990). 10 CSR 80-9