HomeMy WebLinkAbout13-04 RESOLUTIONRESOLUTION NO. 13-04
A RESOLUTION AUTHORIZING THE FAYETTEVILLE PARKS &
RECREATION DIVISION TO APPLY FOR A POST CLOSURE
TRUST FUND GRANT FROM THE ARKANSAS DEPARTMENT
OF ENVIRONMENTAL QUALITY (ADEQ) FOR THE C & L
LANDFILL STUDY AND REMEDIATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Fayetteville Parks Sr Recreation Division to apply for a
Post Closure Trust Fund Grant from the Arkansas Department of Environmental
Quality (ADEQ) for the C & L Landfill study and remediation.
PASSED and APPROVED this 3rd day of February, 2004.
I •
•u
•
•q6;0 N. it
ATTEST:
By
SONDRA SMITH, City Clerk
APPROVED:
By
D N COODY, Mayor
J
FAYETTEV I LLE
PARK& & RECREATION
•
MEMORANDUM
P114 4f 45 /3-69
Date: September 7, 2004
To: Mayor Coody and Fayetteville City Council
Thru: Gary Dumas, Director of Operations
Connie Edmonston, Director of Parks
From: Rebecca Ohman, Park Planner
Subject: Arkansas Department of Environmental Quality and the C & L Landfill
Upon review of the Disposal of Solid Wastes and Other Refuse Statute 8-6-1002, Ellen Carpenter, Chief Legal
Counsel for and the Administration of the Arkansas Department of Environmental Quality (ADEQ), determined
the State will not seek repayment for the corrective actions to the C & L Landfill.
The review showed that Subsection (E) shall be used for post closure maintenance of a landfill. Subsection (E)
requires that the "owner of a permitted landfill establish financial assurance for the post -closure maintenance of a
landfill. At a minimum, each owner or operator shall provide no less than twenty percent (20%) of the estimated
post -closure maintenance costs..." If after proper closure of the landfill (per EPA's Subtitle D), the owner or
operator cannot satisfy or defaults post -closure maintenance obligations, ADEQ is authorized to expend funds
from the Post Closure Trust Fund to satisfy the requirements of state and federal law. At this point, ADEQ is
required by law to pursue collection and recovery of the funds from the owner.
However, because the C & L Landfill was permitted, operated and closed prior to the creation of the Post Closure
Trust Fund, the 20% minimum financial assurance requirements and prior to current EPA post -closure
maintenance obligations, they do not fall under the requirements of Subsection (E).
Instead, the C & L Landfill falls under the requirements of Subsection (B) which outlines the steps necessary to
acquire funding for a landfill that has been determined to be in need of corrective actions. The only fee required
under Subsection (8) is 510,000, paid by the Owner for the study or corrective actions of the landfill. This fee has
been paid by the City of Fayetteville as part of the Site Characterization Study of the C & L Landfill, conducted
by Terracon Consultants, Inc. in the Spring 2004.
Parks and Recreation received this information to share with City Council this afternoon. However, because the
City of Fayetteville is a third party, written legal advice could not be obtained.
This information addresses contingencies of the Agreement between Southpass Development, LLC and the City of
Fayetteville in that corrective actions for the C & L Landfill will be paid by the State, as provided in the attached
letter, not by any of the parties within the agreement.
City of Fayetteville
PARKS AND RECREATION DIVISION
113 W. Mountain Street
Fayetteville, Arkansas 72701
Telephone: 479-444-3472 E-mail: rohman@crfayetteville.ar.us
44(
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ADEQ
ARKANSAS
Department of Environmental Quality
August 16, 2004
Ms. Rebecca Ohman
Park Planner
City Of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Re: Landfill Post -Closure Trust Fund Act
Dear Ms. Ohman:
•
1 am writing in response to your inquiry concerning the C&L Landfill. One purpose of the
Landfill Post -Closure Trust Fund, A.C.A. §8-6-1001 et seq , is to ensure that funds arc available
to implement corrective action at solid waste landfills closed prior to the effective date of the
requirements for posting post -closure financial assurance. Funds from the Post -Closure Trust
Fund may be expended to implement post -closure corrective action where the Director of the
Arkansas Department of Environmental Quality determines that a landfill no longer receiving
waste, regardless of when it ceased operating, is causing either ground water contamination or
other contamination that is a hazard to public health or endangers the environment. Prior to
expending funds from the Post -Closure Trust Fund, the statute establishing the Fund requires the
owner or operator to have expended at least ten thousand dollars toward corrective action, unless
the owner or operator cannot be located or the Director determines that an emergency exists that
necessitates immediate corrective action. (See A.C.A. § 8-6-1002(b)(2)). Arkansas Pollution
Control and Ecology Commission's Regulations 11 and 22 contain procedures and requirements
for expenditures from the Trust Fund.
Fees collected by currently operating Arkansas municipal landfills were used to establish and
now replenish this fund. The Arkansas Department of Environmental Quality administers the
Landfill Post -Closure Trust Fund Program through its Solid Waste Management Division.
The C&L Landfill is one of the corrective action projects funded by the Post -Closure Trust Fund.
To date, funds have been expended for a site characterization study. Based upon the review of
the findings of this study, the Department has determined that the quality of onsite and offsite
surface and shallow ground water has been locally impacted as a result of the previous landfill
operations and that visible waste is present in some areas of the facility.
The site characterization study recommends either repairing the existing cap or installing a new
cap that meets current industry standards as a means of mitigating contamination of the local
environment and undertaking ground water monitoring and/or recovery. The Department agrees
with the findings and proposed corrective action contained within the report required to address
surface and ground water impacts and exposed trash. Accordingly, the Department, in the near
future, expects to be requesting bids and awarding contracts for the additional corrective actions
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
8001 NATIONAL DRIVE / POST OFFICE BOX 8913 / LITTLE ROCK, ARKANSAS 72219-8913 / TELEPHONE 501.682.0744 / FAX 501-682-0798
www odeq. stote.ar. us
•
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recommended in the site characterization report and required by site conditions to protect public
health and the environment. The Post -Closure Trust Fund will not be used for studies or actions
required for site development activities.
If you require additional information, please feel free to call me at 501/682-0886.
Sincerely,
Ellen Carpenter
Chief Counsel
cc: Mary Leath, Chief Deputy Dirctor
Steve Martin, Chicf, Solid Waste Division
Pat Henry, SWD
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
•
Resolution No. 13-04
Document
•
1
1.15.04
memo to mayor & city council
draft resolution
Grant Application Package
Request
Site Characterization
for Proposal - Professional Service, C & L Landfill
Study
Parks & Recreation Division RFP
copy of location map
staff review form
2
2,9,04
memo to Rebecca Ohman
NOTES:
• •
C & L Landfill Site Characterization Study
p. 1 of3
MEMO
To: Mayor and City Council} ,
Thru: Gary Dumas, Director of Operations �%
Connie Edmonston, Director of Parks and RecreatiorO
From: Rebecca Ohman, Park Planner j (2.
Date: January 15, 2004
Subject: Parks and Recreation recommends approval to pursue the Post Closure Trust
fund grant to finance the C & L Landfill study and potential landfill remediation.
RECOMMENDATION
Parks and Recreation Staff recommends approval to pursue the Post Closure Trust Fund
grant to finance the C & L Landfill study and potential landfill remediation.
BACKGROUND
In 2000, Parks and Recreation contracted with Lose & Associates to create the Parks and
Recreation 10 Year Master Plan. One of the key objectives for conducting a master plan
study was to gain a clear understanding of public opinion and desires regarding Parks and
Recreation facilities and programs. A citizens' steering committee was formulated, a user
survey was distributed, and nine public meetings were conducted throughout the fall of
2000, offering the residents the ability to voice their concems. A common message was
heard from all of these groups: The City of Fayetteville needs a multi -sports complex or
Community Park and a city-wide trail network.
Parks and Recreation, in keeping with the recommendation of the Master Plan and on
recommendation from the Park and Recreation Advisory Board, conducted a search for
Fayetteville's Community Park by evaluating 18 sites on criteria that meets the parks and
recreational needs of the citizens of Fayetteville. These 18 sites were reduced to six and
again to a top four sites by evaluating their location within the City, total land available,
appraised value, and owner's willingness to sell. The four remaining sites were further
evaluated utilizing development criteria such as existing infrastructure, accessibility,
FEMA floodway and floodplain designations, slopes over 15 percent, tree canopy and
major land features.
• •
From this evaluation, it was determined that two sites, the Cummings and Marinoni
properties were best suited for the City's Community Park. Land use studies were
conducted to analyze each property in terms of active and passive recreation as well as
low -impact uses such as hiking and biking.
Based upon these studies, the Parks and Recreation Advisory Board (PRAB) selected the
Cummings property as the number one recommendation for the future Community Park.
Their recommendation however was contingent upon understanding the nature of an
existing, closed landfill, encompassing 33 acres on the Cummings property. On August 4,
2003, PRAB voted to further investigate the landfill area.
In effort to ensure any unknown environmental issues exist on the property and before
expending funds for the acquisition and significant development of a conceptual
development plan, Parks and Recreation Staff contracted with Terracon of Tulsa,
Oklahoma to create a Work Plan for this study. The Work Plan outlines all studies
necessary to gain a full understanding of the landfill and a time frame for the Study's
completion. The Plan was written to meet the Arkansas Department of Environmental
Quality (ADEQ) standards in order to apply for grant funds. A summary of the Plan
included in the Request for Proposal (RFP) is attached. The full 200 page report is
available at the Parks and Recreation offices.
On December 3, 2003, a Right of First Refusal and Access Agreement with the
Cummings Estate was obtained for entry to the site and assurance that the property
would not be unknowingly sold while conducting the Study. As is typical with a Right
of First Refusal Agreement, the City is guaranteed the possibility of future negotiations
for the purchase of the property and will be notified throughout the course of the
Agreement of any "bona fide" offers for the purchase of all or part of the Cummings
Estates. The Access Agreement allows the City and its consultant to perform the
necessary landfill studies, as outlined in Terracon's Work Plan.
The Post Closure Trust fund is administered by the Arkansas Department of
Environmental Quality. The Fund was created in 1991 from disposal fees for landfill
post -closure action, which is defined as any measures deemed necessary by the Director
to prevent or abate contamination of the environment from any landfill which has been
certified by the Department as no longer receiving waste. The Fund currently contains
S9 million dollars that has been earmarked by the Department for spending.
Parks and Recreation Staff has met with ADEQ on several occasions to review the
C & L Landfill. It is the opinion of ADEQ representatives that the C & L Landfill
would meet the requirements of and be eligible for the Post Closure Trust Fund. For
more information, please see attached application. If accepted, the Grant would
provide the majority of funding for the Site Characterization Study described above and
on review, potential corrective actions for the landfill. The City's only contribution
required by the grant would be $10,000 for the study or corrective action. The Work
Plan, valued at $1,500, can be counted to the total $10,000, leaving a remaining $8,500
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to be spent. These funds are budgeted in the Parks and Recreation Community Park
Development fund. Terracon estimated the total cost of the Study to be $50,000. The
City's remaining balance of $8,500 would be applied to this total, leaving
approximately $41,500 to be paid by the proposed grant.
A Request for Proposals for the Site Characterization Study described in the Work Plan
was advertised January 21, 2004 with a deadline of February 4, 2004. Please see
attached RFP. The City's Professional Selection Committee will review and select the
most qualified consultant and negotiate the cost of the Study, using an ADEQ
representative as an advisor. Upon City Council approval, Staff will complete the
application and submit it to ADEQ for review. If awarded, Staff will administer the
Study.
DISCUSSION
Proceeding with the Site Characterization Study will provide valuable information to
ensure the well being of our community's public and open spaces and surrounding
environment. By understanding the condition of the landfill, the City will make better
decisions vested in the interest of the health of its residents, open lands, and economy
thereby achieving several of our City's guiding principles. This study may reveal that
the site is acceptable for use as a community park or it may reveal that the site needs
significant remediation and may not be suitable. This work should be done prior to any
decision concerning the acquisition of this property.
Parks and Recreation Staff believes the Post Closure Trust Fund provides a wonderful
opportunity to study and if necessary, remediate the C & L Landfill at minimum cost to
the citizens of Fayetteville. Staff recommends City Council approval of the Application
for the Post Closure Trust fund.
If additional information is needed, please contact me at 444-3472.
Attachments:
Post Closure Trust Fund Application
Request for Proposals (RFP): Summary of Work Plan
Cummings Property Map
Ito
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE FAYETTEVILLE PARKS &
RECREATION DIVISION TO APPLY FOR A POST CLOSURE
TRUST FUND GRANT FROM THE ARKANSAS DEPARTMENT
OF ENVIRONMENTAL QUALITY (ADEQ) FOR THE C Sr L
LANDFILL STUDY AND REMEDIATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Fayetteville Parks & Recreation Division to apply for a
Post Closure Trust Fund Grant from the Arkansas Department of Environmental
Quality (ADEQ) for the C & L Landfill study and remediation.
PASSED and APPROVED this 3"' day of February, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
DRAFT
DAN COODY, Mayor
Arkansas Department
Solid Waste
LANDFILL
TRUST
Grant Application
of Environmental
Management
POST -CLOSURE
FUND PROGRAM
Quality
Division
Package
OF ENyf
iii /��
-1A)
*** 1'y
Submit to
Arkansas Department of Environmental Quality
Solid Waste Management Division
Post Office Box 8913
Little Rock, Arkansas
•
Arkansas Department of Environmental Quality
Solid Waste Management Division
LANDFILL POST -CLOSURE TRUST FUND PROGRAM
Application Forms and Instructions
TABLE OF CONTENTS
General Information
Act 747 of 1991
Purpose of.Act
Funding for Act
Administration of the Landfill Post -Closure Trust Fund Program
Project and Activity Eligibility
Applicability
Ineligible Projects and Activities
Eligibility Requirements
Owner/Operator $10,000 Expenditure
Funding Criteria
Budgeting Criteria
General Instructions
Guidelines for Compiling Application
Guidelines for Application Submittal
Application Forms and Specific Instructions
Checklist Form
Application Cover Sheet Form
Project Narrative Summary Instructions
Project Budget Instructions
Permit Coordination Information Form
Sample Contract Forms
Statement of Agreement
General Conditions of Award
General Information
•
•
Act 747 of 1991: The Landfill Post -Closure
Trust Fund Act, A.C.A. §8-6-1001 et seq., as
amended, allocates funds to be used for
landfill post -closure corrective action.
Regulation 11, The Regulation for Fees,
Funds and Grants, and Regulation 22, the
Regulation for Solid Waste Management,
set forth the procedures and requirements for
•
distribution of the trust funds.
Administration: The Arkansas Department of
Environmental Quality (Department)
administers the Landfill Post -Closure Trust
Fund Program through its Solid Waste
Management Division.
Purpose of Act: To be used for landfill post -
closure corrective action, which is defined as
any measures deemed necessary by the
Director to prevent or abate contamination of
the environment from any landfill which has
been certified by the Department as no longer
receiving waste.
Funding for Act: Act 747 of 1991 initiated
the Trust Fund with landfill disposal fees of
15¢ per cubic yard of loose waste, 30¢ per
cubic yard of compacted waste, and $1.00 per
ton collected on wastes disposed of in
Arkansas landfills.
Project and Activity Eligibility: The fund
shall be used on post -closure corrective
action projects and activities, only if the
Director determines that:
1. A landfill is no longer receiving waste,
regardless of when it ceased operating; has
been certified as no longer receiving waste by
the Department; and is causing groundwater
contamination, or is causing other
contamination, that is a hazard to public health
or endangers the environment; and ...
2. The owner or operator of the landfill site has
expended at least ten thousand dollars
($10,000) toward corrective action, unless the
owner or operator cannot be located or the
Director determines that an emergency exists
that necessitates immediate corrective action.
Applicability: The provisions of the trust
fund apply only to Class 1, Class 3
Commercial and Class 4 landfill disposal
facilities. Class 3 Non-commercial landfills
and other solid waste facilities are not eligible
for inclusion in the fund.
Class 1 Landfills: Trust funds shall be
available for post closure corrective actions
for Class 1 landfills, only if the Director
determines that:
1. Assessment monitoring results trigger the
corrective action assessment provisions of
Regulation 22. Trust funds shall not be used
for assessment monitoring activities.
2. Other contamination is discovered which in the
judgment of the Director threatens health and
the environment.
Other Landfill Classes: Trust funds shall be
available for post closure corrective actions
for Class 3C, 3T, and 4 landfills, only if the
Director determines that:
1. There is sufficient evidence of groundwater
contamination to warrant further investigation;
2. Other contamination is discovered which in the
judgment of the Director threatens health and
the environment.
Ineligible Projects and Activities: The
following types of projects and activities are
not eligible for funding:
1. Third Party Compensation: The fund shall
not be used to compensate third parties for
damages to property caused by the
contamination.
2. Areas Adjacent to Existing Landfills: The
fund shall not be used for closed areas or
operational phases contiguous to any
permitted landfill which is receiving solid waste
when the Director determines that corrective
action is necessary.
3. Routine Activities: Funds shall not be used
to perform routine post closure care and
monitoring activities as provided in Regulation
22.
Eligibility Requirements: In order to be
eligible for inclusion in the Trust Fund, a
facility must:
1. Close the landfill as described in Regulation
22, or in accordance with applicable rules and
regulations at the time of closure; and ....
2. Obtain or provide documentation that the
Department has approved closure of the
facility.
When Eligibility Begins: Eligibility begins at
initiation of the post closure care period as
provided by Regulation 22.
Department Involvement: Unless otherwise
required by Regulation 22, or other applicable
regulations, corrective action measures shall
be selected by the Department and corrective
action work shall be administered by the
Department.
Personnel Funding Qualifications: The
Department reserves the right to rule on
qualifications of persons paid with State
funds.
Owner/Operator$10,000 Expenditure: The
owner or operator shall make his initial
contribution of ten thousand dollars ($10,000)
to the Department for use in the corrective
action work after the measure has been
selected. Moneys expended by the owner or
operator prior to Department selection of the
corrective action, unless contributed towards
preliminary studies to confirm existence of
suspected contamination and the Department
has approved the studies, shall not be
considered part of the owner or operator's
contribution.
Refunds: In the event that preliminary
studies are required before implementation of
a corrective measure to confirm or deny the
existence of suspected contamination and
i
those studies indicate that contamination is
not present, the Department shall refund any
money which the owner or operator has
contributed to those studies.
Funding Criteria: While evaluating the
application for landfill post -closure trust funds
to determine whether or not funds will be
awarded, the Department will consider, at the
least, the following criteria:
1. Meets eligibility requirements.
2. Provides proof of and solutions to certified
contamination or environmental issues.
3. Clearly written and focused narrative proposal.
4. Clear budgeting and project scheduling
process.
5. Purchases or contracts follow accepted
purchasing or bid procedures.
Budgeting Criteria: In considering items to
include in the project budget, keep in mind
that the following items are not normally
eligible to be covered by Landfill Post -Closure
Trust Funds. Such budgeted items will not be
funded unless they are directly associated
with the project and are fully justified, and
have met the prior funding approval by the
Department:
1. Administrative Costs over 10%
No more than ten percent (10%) of the funds
shall be used for administrative costs related
to the project.
2. Other Ineligible Costs
• Legal costs or fees
• Motor vehicles or vehicle registration
• Land acquisition
1
i
General Instructions
Included herein are instructions and application forms necessary to apply for funds under the
provisions of the Landfill Post -Closure Trust Fund, pursuant to Regulation 11 and Regulation 22.
If the project is approved to receive funding, a contract will be executed between the grantee and
the Department. (For information purposes only, a sample Statement of Agreement and General
Contract Conditions are provided in this packet.)
Wherever the wording "document or documentation" is used in this package, it means letter(s),
contract(s), resolutions(s) or another specific forms of written communication which verifies a
commitment.
To submit the application:
1) Follow the instructions and guidelines provided herein. A "fill in the blanks" electronic
version of this application packet will be available for your ease in responding.
2) Attach narrative responses, comment lettersand other documentation, identifying or
numbering each document to correspond with the related question.
3) Sign and date the Application Cover Sheet. Each document that requires signatures
must bear legally authorized signatures.
4) Provide a completed "Checklist Form" and a table or list of contents with the completed
application.
5) Submit the original signed application and related documents to the Department for
approval (if possible, include a CD or diskette copy). Do not FAX.
6) Provide a copy of the application, for information only, to the local Regional Solid Waste
Management District to show proposed landfill corrective actions.
Mail Your Application
Arkansas Department of Environmental Quality
Solid Waste Management Division
P 0 Box 8913
Little Rock, AR 72219-8913
Or Deliver Your Application
Arkansas Department of Environmental Quality
Solid Waste Management Division
8001 National Drive, Building E
Little Rock, Arkansas
Checklist
Applicant:
Complete responses are required throughout the application.
Bind each copy on the left side and align as listed below.
Check that the following forms are enclosed in your submittal.
1. List of Contents
2. Application Cover Sheet, Signed and Dated
3. Project Description and Narrative Summaries
4. Budget
5. Bids, Quotations, RFQ's or RFP's
6. Permit Coordination Form
7. Newspaper Notice
8. Documentation or Certification Contamination or Environmental Hazards
9. Landfill Post -Closure Certification
10. Third Party Certification
11. $10,000 Contribution or Approved Prior Expenditures
12. Right of Entry
13. Supporting Documents
I certify that the information checked above is included in this application submittal.
Authorized Applicant Signature:
IMailing
Landfill
IP
Post-Closure
Trust
Fund
Grant
Application
DistrictlCounty Applicant
Address
City
Zip
Project Contact Person
Phone
FAX
e-mail
Project Location:
Project Description or
Project to be completed:
Authorized Signature
Authorized Signature
Date Submitted
City
County
Short Title
State
In-Kind
Total
In-House
Fund Estimate
Contribution Estimate
Cost Estimate
0 Contractor
Both
■
■
Title
Title
5 5
Submit Completed Application and Attachments to:
Arkansas Department of Environmental Quality
Solid Waste Management Division
Landfill Post-Closure Trust Fund Program
P 0 Box 8913
Little Rock AR 72219-8913
PROJECT DESCRIPTION AND NARRATIVE SUMMARY INSTRUCTIONS
A. Give project goals with specific measurable objectives. Identify need. Describe what the project
intends to accomplish.
B. Provide a project timetable or schedule and a project completion plan. In chronological order,
describe the main actions that will occur to achieve each of the project's objectives. Or describe
the technology or methodology to be used as solutions to the effected area.
C. What cities, neighborhoods, county areas or service areas are targeted to receive a direct
benefit from the proposed funding? Attach a map of the project and service areas.
D. Provide documentation that the landfill is no longer receiving waste.
E. Has the landfill received post -closure certification from the Department?
F. Provide certification and/or documentation that the landfill is causing groundwater
contamination; is causing other contamination; is a hazard to public health; and/or endangers
the environment? Provide any other documentation of the extent of contamination or
environmental hazards and issues.
G. If the project is to be completed in part or in whole by the applicant's (in-house) personnel,
identify the personnel and give brief job descriptions of persons whose salaries are to be funded
in part or in whole by funds received from the Landfill Post -Closure Trust Fund.
H. If the applicant will be working with a partner to implement the project, give the organization and
name of the person assigned to the project. If a contract between the applicant and a private
partner (pursuant to Act 629 of 1991, A.C.A. §8-5-602) is applicable, include a copy of the
contract with the application submittal. Contracts are to follow State Purchasing Procedures.
I. Identify the owner of the land on which the site is located. Provide proof or verification of
financial responsibility of property owner. Provide an executed Right of Entry (form included).
J. If the applicant is other than the land owner, provide a copy of the lease and a signed statement
indicating that the land owner is unable or unwilling to remediate the site and is, therefore, willing
to allow the applicant to process the proposed project.
K. Provide verification of expenditures for remediation and clean-up of the site by the responsible
party of not less than ten thousand dollars ($10,000) or remit an initial contribution of ten
thousand dollars ($10,000) to the Department for use in the corrective action work after the
measure has been selected.
L. The applicant is required to follow corrective action procedures contained in Regulation 22.1201
etal.
M. Provide a certification statement that the fund shall not be used to compensate third parties for
damages caused by the contamination.
Project Budget Instructions
1.
2.
3.
4.
5.
6.
7.
Attach
A.
B.
C.
All items
Criteria
Administrative
Attach
of $20,000.
Applicable
INFLATED
The
The
The
a
State
applicant
State
under
two
Project
listed
quotations
bidding
BID
Budget,
Funding does
initial expenditure
Funding plus
in the Budget
the General
costs must
for
Quotations
and purchasing
PROPOSALS:
using a general accounting format. Ensure that:
not exceed the maximum estimated amount of the project.
of at least $10,000 is included.
the applicants expenditure equals the Budget Total.
under State funding must be eligible expenditures. Budgeting
Instructions in this packet identifies eligible and ineligible costs.
be kept to no more than 10% of the total funds awarded.
each contracted or purchased item or service to be funded in excess
should reflect the cost of the item or service at the time of purchase.
procedures should be followed.
ADEQ
discovered
CONTRACTOR
reserves
in
the
the
HISTORY:
bidding
right to
process.
deny project funding in the event bids appear inflated, or if some other discrepancy is
deny project funding if the bid is awarded to a contractor who has a history of non-compliance
or regulations.
the estimated costs for each of the items listed on the budget sheet.
with an estimated cost of $20,000 or more must have design plans
engineer, unless otherwise approved by the Department.
purchasing used equipment in excess of $20,000, an appraisal will be
consider used equipment where appropriate. Equipment purchases
from the Department.
ADEQ reserves the nght to
with environmental statutes
Provide a breakdown of
Project specific activities
approved by a professional
If funding is awarded for
required. Applicant should
must receive prior -approval
• •
Permit Coordination Form
The following is a list of key questions which will help identify what permits, licenses, or approvals of a permit -like nature
may be needed. It is the applicant's responsibility to identify and obtain needed permits, licenses and/or approval. Submit
this completed form with the application to expedite its review and to reduce the possibility that the project will be delayed
due to the untimely discovery of additional permitting requirements. If the project is funded, copies of permits, licenses or
written approval may be required.
Answering "yes" to any of these questions (by circling the "r), may indicate a need fora permit, license or approval
from the appropriate authority.
1. Y N Does the project involve the discharge of any type of wastewater to a storm
sewer, drain, lake, stream or other surface water?
2. Y N Does the project involve the discharge of liquids, sludge, wastewater and/or
wastewater residuals into or onto the ground?
3. Y N Does the project involve the storage of chemicals, petroleum products, or salt
on the property?
4. Y N Does the project involve the on-site storage of sanitary sewage prior to ultimate
transport and disposal off-site (pump and haul)?
5. Y N Does the project involve the transport of septic tank, cesspool, or dry well
contents?
6. Y N Does the project involve the on-site treatment, storage, or disposal of hazardous
waste?
7. Y N Does the project involve burning, landfilling, storage, composting, transferring or
processing any type of solid non -hazardous wastes on site?
8. Y N Does the project involve the installation, construction, reconstruction, relocation,
or alteration of any process or process equipment (including air pollution control
equipment) which has the potential to emit air contamination?
9. Y N Does the project involve the construction or alteration of any sewage collection
or treatment facility?
10. Y N Does the project involve proposed work (dredging, filling, construction) in a:
a) River, stream, creek, ditch, or swamp
b) Wetlands or floodplain (area that has standing or flowing water any
time of the year)?
11. Y N Does the project involve any dredging proposed with 500 feet of a lake, stream
creek, or ditch?
12. Y N Does the project involve any work proposed on or within the boundaries of State
or Federal land?