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DEMONST ATION OR STUDY AND INVESTIGATION
TERMS AND CONDITIONS
PUBLIC HEALTH SERVICE
DISCRIMINATION PROHIBITED - Title VI of the Civil Rights Act of 1964 states: "No
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
Public Health Service
TERMS AND CONDITIONS GOVERNING SOLID-WASTE DISPOSAL DEMONSTRATION OR STUDY AND INVESTIGATION PROJECT GRANTS*
1. Purpose of Demonstration or Study and Investigation Project Grants
This document sets forth the terms, conditions, and procedures governing the Solid-Waste Disposal Demonstration or Study and Investigation Project Grants Program administered by the Office of Solid Wastes, Public Health Service. The program is authorized by Section 204, Title II, Public Law 89-272, Solid Waste Disposal Act, and the regulations pursuant thereto (42 CFR, Part 59). It provides for Federal grants for the support of demonstration projects of new and improved solid-waste disposal methods, devices, and techniques, studies and investigations of municipal and regional solid-waste disposal problems, practices and programs, and studies and investigations of particular solid-wastes, solid-waste disposal problems, practices, and techniques. This program also provides support for demonstration, study, and investigation projects on the reduction of the amount of solid wastes and unsalvageable waste materials, and the recovery and utilization of potential resources in solid-wastes.
"Solid-waste" means garbage, refuse, and other discarded solid materials, including solid-waste materials resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants. "Solid-waste disposal" means the collection, storage, treatment, utilization, processing, or final disposal of solid-waste.
The Act also authorizes Federal financial assistance for the construction of facilities necessary to demonstration projects, but not for study and investigation projects as stated above. The term "construction" as defined in Section 203 of the Solid Waste Disposal Act means (a) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (b) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health, safety, engineering, architectural, legal, fiscal, and economic aspects
*These terms and conditions are subject to change as deemed necessary by the Public Health Service.
of the project, and any surveys, designs, plans, working drawings, specifications, and other action necessary for carrying out the construction of the facility, and (c) the inspection and supervision of the process of carrying out the project to completion. II. Eligible Applicants
Any public agency or private non-profit organization in the United States (including the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa) is eligible to apply for a grant, A private non-profit organization must provide evidence of its non-profit status. III. Extent of Federal Financial Assistance
The Federal grant for a solid-waste disposal demonstration or study and investigation project may not exceed two-thirds of the estimated total cost of the project, including the estimated cost of construction of facilities, if any. The remainder is to be provided from non-Federal funds. Funds granted to applicants in any one State are limited to not more than 12,5 percent of the Federal funds avail. able for this program from each fiscal year's appropriation. For this requirement, grants to interstate organizations will be considered to be granted to the States involved in proportion to the amounts of non-Federal funds budgeted for the project by the participating States, or by the participating municipalities located in the respective States. IV. Applicant Financial Participation Requirements
Applicants are required to provide at least one-third of the estimated total cost of the demonstration project, including the cost of construction of facilities, if any, from funds other than any other Federal grants, or any non-Federal funds used to match other Federal grants. V. Period of Support
The length of time for which demonstration or study and investigation project grant support may be requested is dependent upon the concept, the objectives, and the methodology proposed. The Public Health Service limits its approval to grant support to project periods up to three years, Budget periods within the maximum 3-year project periods are 12-month units beginning on the first day of the month requested in an approved application, or the first day of the month mutually agreed upon by the applicant and the Office of Solid Wastes. Grantees may request renewal beyond the originally approved project period for projects which require a longer period for completion. Renewal applications compete with new and other renewal applications in the same manner as original applications. (See Section No. XVIII, Continuation and Renewal Applications.)
VI. Program Direction
The demonstration or study and investigation project must be under the direction of a full-time director or coordinator responsible for the direction and supervision of all the activities involved in the project. This is the individual whom the Public Health Service will contact in matters concerning the project.
VII. Conditions of Grant
In order to be awarded a grant for an approved solid-waste disposal "Studies and investigation-Municipal and regional project", applicants must provide assurance satisfactory to the Surgeon General of the Public Health Service:
a. That there shall be an effective arrangement to insure full participation and coordination with related State, interstate, regional, and local planning activities; and
b. That non-Federal funds are available for at least one-third of the cost of the solid-waste disposal demonstration or study and investigation project in addition to those which are available for the applicant's solid-waste disposal program activities not included in the project.
Further, applicants for demonstration project grants must provide assurance satisfactory to the Surgeon General:
c. That open dumping or open burning of solid wastes is not authorized or is prohibited by law within the jurisdiction in which the applicant proposes to conduct the demonstration; except that if such assurance cannot be given:
(1) An applicant which is a unit of government responsible for enforcement
of laws and regulations relating to solid-waste disposal practices must set forth a schedule acceptable to the Surgeon General for the elimination
of open dumping or open burning within its jurisdiction, or (2) An applicant which is not a unit of government responsible for enforcing
laws and regulations relating to solid-waste disposal practices must
submit a schedule officially adopted by the responsible unit of government.
Applicants for demonstration project grants which involve construction must also provide assurance satisfactory to the Surgeon General:
d. That there will be proper and efficient operation and maintenance of the facility after completion of its construction;
e. That the Surgeon General or authorized agents and other persons have access to any facility constructed as part of a demonstration project, and access to the records pertaining to the operation of the facility at any reasonable time;
f. That all laborers and mechanics employed by contractors or subcontractors on a project of the type covered by the Davis-Bacon Act, as amended (40 USC 276a-276a-5) will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with the Act; and
g. That he will comply with the requirement of Executive Order 11246, February 24, 1965, 130 FR 12319) pertaining to Equal Employment Opportunity, and with the applicable rules and regulations, and prescribed procedures.