Wyo. Code R. 060-0003-35
Loan and Investment Board
Chapter 35: Municipal Solid Waste Facilities Cease and Transfer Loan and Grant Program
Effective Date: 09/26/2014 to 09/06/2016
Rule Type: Superceded Rules & Regulations
Reference Number: 060.0003.35.09262014
(a) Authority: This chapter is adopted pursuant to W.S. 35-11-530.
(b) Applicability: The rules and regulations contained herein shall apply to any municipal solid waste facility operator. These regulations are effective immediately upon filing with the Secretary of State.
(c) Objective: The objective of these rules and regulations is to provide grants and loans from the municipal solid waste facilities cease and transfer accounts for cease and transfer activities as provided in W.S. 35-11-528, 35-11-529 and 35-11-530.
(d) Definitions:
“Board” means the State Loan and Investment Board.
“Capping” means construction of final cover over the top of a land disposal facility.
“DEQ” means the Wyoming Department of Environmental Quality.
“Office” means the Office of State Lands and Investments.
“Revenue-generating facilities” means facilities owned by the applicant that generate revenue from user fees or assessments paid by the beneficiaries of the facilities.
“WWAB” means Water and Waste Advisory Board to the Wyoming Department of Environmental Quality.
(vii) Refer to Chapter 1, of the Wyoming Department of Environmental Quality, Solid Waste Rules and Regulations for definitions of the following: closure, collateral, facility, final cover, municipal solid waste, operator, and transfer facility.
To be eligible for funding under the program, the applicant shall:
(a) meet the eligibility criteria set forth in W.S. 35-11-528(d); and
(b) be in compliance with all applicable reporting requirements with the Wyoming Department of Audit and Wyoming Department of Revenue prior to its application being considered by the Board.
Section 3. Project Costs.
(a) Eligible project costs: The Board shall extend loans and/or grants under the provisions of this chapter for:
(i) Capping of a closed landfill;
(ii) Other closure related expenses including engineering, geological and other professional services;
(iii) Construction or acquisition of appropriate solid waste transfer facilities and equipment, including acquisition of real property.
(b) Ineligible project costs: The following project costs shall be ineligible for reimbursement from grant funds and shall be ineligible to be counted toward the applicant's match:
(i) Salaries or benefits for employees of the municipal solid waste facility;
(ii) Long-term monitoring at a closed municipal solid waste facility or a closed cell of a still operating municipal solid waste facility;
(iii) Operational costs of municipal solid waste facilities;
(iv) Costs for any asset that is owned by a private property owner;
(v) Costs for tap fees, sewer and water fees, and plant investment fees;
(vi) Engineering fees, including design, inspection and contract administration costs, over ten percent (10%) of projects costs, unless otherwise approved by DEQ;
(vii) All non-cash costs except:
(A) Land, labor, materials, equipment, and services provided by the applicant, and used for project purposes, valued at reasonable, actual cost;
(B) Land, labor, materials, equipment, and services provided to the applicant by others, at no cost to the applicant, used for project purposes and valued at reasonable, actual cost; and
(C) Land which is integral to the Municipal Solid Waste Facilities Cease and Transfer process but not costs for land in excess of current fair market value and/or costs for an amount of land in excess of that needed for project purposes. Land costs not defined in the application will be ineligible for reimbursement.
(viii) Costs for preparation or presentation of grant or loan applications for any source of funding;
(ix) Costs for transportation, meals and lodging incurred anywhere away from the site of the project;
(x) Costs of tools, supplies and furnishings for capital projects not included in DEQ-approved construction contract documents, including but not limited to, capital equipment, hammers, tanks, tools, furniture, drapes, blinds, file cabinets, file folders and survey stakes;
(xi) Legal fees;
(xii) Costs related to issuance of bonds;
(xiii) Costs for real property in excess of current fair market value and/or costs for an amount of real property in excess of that needed for project purposes;
(xiv) Costs to establish and form special districts or joint powers boards;
(xv) Costs incurred prior to grant or loan award, except costs for architectural and engineering design;
(xvi) Costs for a contingency or additional work allowance in excess of ten percent (10%) of estimated construction costs, unless otherwise approved by DEQ;
(xvii) Costs for change orders not approved by the Office and DEQ;
(xviii) Lump sum contracts unless approved by the Office and DEQ; and (xv) Costs for meals and incidental expenses in excess of federal per diem rates.
(a) Applications. Separate applications shall be prepared for each project. Applicants shall submit two (2) copies of their completed application to the Office. Applications shall be properly executed by the officers of the applicant.
(b) Timing of Board Consideration. Loan and/or grant applications must be received by the Director at least ninety (90) days prior to any scheduled meeting of the Board. Applicants must cure any defects in their applications no later than forty-five (45) calendar days before any scheduled meeting of the Board.
(c) Applications shall be reviewed by the DEQ and applicants will be notified of any deficiencies. When the DEQ has found an application to contain all required information and has completed its review, the DEQ shall provide a report to the Board. A copy of the report shall also be provided to the applicant. The report shall include the findings of the DEQ's review, recommendations for denial, approval or conditional approval of grants and/or loans, and a recommendation to the Board relating the proposed amount of a recommended grant and/or loan.
(d) Information Required for All Applications. The following information shall be provided in all applications:
(i) An application cover page on a form provided by the Office;
(ii) A project summary on a form provided by the Office;
(iii) The grant and/or loan amount requested and percentage of total project costs for which the grant is sought;
(iv) A full description of the proposed project, specifically including, but not limited to, a phased construction schedule, if applicable, and alternative project designs;
(v) A detailed project budget divided into at least six (6) month intervals delineating all costs of the proposed project and the method by which the project costs were estimated;
(vi) A licensed engineer's statement of the feasibility of the project;
(vii) The geographic area and population served directly and indirectly by the project and the percentage of the applicant's population directly served by the project;
(viii) A description of other project funding sources, committed or pending, the portion of the project cost expected to be funded from each source, including any future grant applications under this chapter, and copies of funding commitments from all project funding sources, including the applicant, to demonstrate commitment to the project;
(ix) If the applicant is a special district, a copy of the resolution that shows formation of the special district and certification from the Board of County Commissioners that the special district currently exists and is in good standing;
(x) If the applicant is a joint powers board, a copy of the certificate of organization filed with the Secretary of State, and a copy of an executed joint powers agreement approved by the Wyoming Attorney General's Office;
(xi) A standard resolution authorizing the filing of the application on a form provided by the Office;
(xii) A financial statement of the applicant, on a uniform 'General Financial Information' form provided by the Office;
(xiii) If an applicant submits multiple applications under this chapter for consideration at one meeting, a priority ranking of the applications as established by the applicant;
(xiv) If the project is needed to meet federal or state health and safety requirements, documentation of the specific requirements and an explanation of how the project addresses the requirements;
(xv) For applications submitted by a special district, either standing alone or as a member of a joint powers board, the written review as required by W.S. 9-4-604(h);
(xvi) Other applicable information as requested by the Office; and
(xvii) Information demonstrating compliance with the eligibility criteria of Section 2 of this Chapter.
(a) Grants and/or loans shall be prioritized based on the following criteria:
(i) Funding availability;
(ii) Cost efficiencies achieved by allocation of resources;
(iii) Opportunities for increased cost sharing between cease and transfer actions at multiple leaking municipal solid waste facilities;
(iv) Timeliness of cease and transfer actions in reducing risk to public health, safety and welfare or the environment;
(v) Remaining life of the existing municipal solid waste facility;
(vi) Whether the proposed actions are a cost-effective alternative in accordance with the integrated solid waste management plan approved for the municipal solid waste facility;
(vii) Whether the proposed action is reasonable and appropriate for the current and projected volumes of all solid waste for the area served by the facility;
(viii) Whether the proposal contains recycling and other forms of waste diversion as a component of the proposed facilities and management practices; and
(ix) The likelihood that the cease and transfer actions will reduce or eliminate the threat posed to public health, safety and welfare of the environment by continuing releases.
(a) Interest rates for loans made under this chapter may be at zero percent, up to an annual interest rate equal to the average prime interest rate as determined by W.S. 35-11-528(e). In no event, shall the interest rate exceed an annual interest rate equal to the average prime interest rate as determined by the state treasurer. Interest rates established under this section shall be adjusted on January 1 of each year.
(b) Interest rates shall be established in recognition of the repayment abilities and needs of the applicant eligible for loans under the program.
(c) The Board shall establish loan amortization schedules, terms and conditions for each loan approved based on:
(i) The applicant's need;
(ii) Financial condition of the landfill operator or the entity responsible for solid waste funding;
(iii) The projected life of the transfer facility; and
(iv) The ability of the applicant to repay the loan in a timely manner.
(d) The term of the loan shall not exceed twenty (20) years and may be for a shorter term as determined by financial strength, repayment ability, security and other factors.
(a) The Board shall require such security as it deems advisable. Security for loans may include, but is not limited to, the pledge and assignment of designated special property assessments within a district, the pledge and assignment of user fees, the pledge and assignment of transfer station generated revenue, and/or a first lien on equipment and fixtures.
(b) Appraisals of offered security will be completed by staff appraisers from the Office.
(c) Every loan will be evidenced by a promissory note for the principal sum of the loan signed by the borrower(s).
(d) The loan agreement shall provide a legal right of access to the Board and its agents for the purposes of inspection, maintenance, inventory, retrieval of personal property and fixtures, and foreclosure proceedings. Such right shall be assignable to the purchaser at any foreclosure sale.
(e) All loan documents including, but not limited to, notes, mortgage deeds, and security instruments shall be executed in the form and manner acceptable to the Wyoming Attorney General's Office.
(a) After DEQ approves a recommendation for an application, the loan and/or grant application package, containing all items described in Section 4 above, shall be forwarded to the Office for Board consideration at its next regularly scheduled meeting. This package shall include a report from DEQ stating its recommendation regarding the applicant’s loan request. All items required in Sections 2-5 of these rules shall be addressed in the report.
(b) Upon approval by the Board, documents shall be prepared for execution of the agreements necessary for the loan and/or grant to be made to the applicant.
(c) In no event shall the Board approve grant and/or loan funding in excess of seventy-five percent (75%) of the total costs of all cease and transfer activities of a municipal solid waste facility.
(d) Participation in the program shall not restrict funding for a municipal solid waste facility from any other program created or supported by the state, including, but not limited to, any other program under the authority of and administered by the Board.
Loan proceeds shall be disbursed in minimum draws of one thousand dollars ($1,000.00). Requests for disbursements shall be submitted on a form provided by the Office and include supporting invoices establishing the eligibility of costs submitted for disbursement. Loan proceeds will only be disbursed for eligible project costs as set forth in this Chapter following review by the Office and DEQ.
The DEQ or Board may, at their expense, conduct an audit of the records of the applicant and inspect the construction and operation of the project.