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HomeMy WebLinkAbout2006/11/21 Item 10 COUNCIL AGENDA STATEMENT Item Meeting Date 11/21/06 10 SUBMITTED BY: Resolution Authorizing submittal of a Waste Tire Enforcement Grant Application in partnership with the City of San Diego - Solid Waste Local Enforcernent Agency and authorizing the City of San Diego to act on behalf of the City of Chula Vista to execute all necessary applications, contracts, payment requests, agreements and amendments for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant Director of Ge?ervices ~9;Y City Manager JI (4/Sths Vote: Yes_ No X ) ITEM TITLE: REVIEWED BY: In 1989 the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires. The California Integrated Waste Management Board (CIWMB) was charged with responsibility for tire pile stabilization and remediation where public health and safety and the environment may be at risk. Consequently, the CIWMB adopted regulations to establish and enforce waste tire storage and handling standards. The CIWMB has delegated the responsibility for the administration of the enforcement, compliance and surveillance activities at waste tire facilities to local solid waste enforcement agencies and cities and counties. To ensure a stable source of funding for these activities the CIWMB provides a non-competitive Waste Tire Enforcement Grant program. The City of San Diego - Solid Waste Local Enforcement Agency (LEA) is the lead agency for this program in San Diego County and Chula Vista, Imperial Beach and National City are partnering with San Diego for the next grant cycle. This is the first time Chula Vista has participated in this program. RECOMMENDATION: That Council adopt resolution. BOARDS/COMMISSION: Not applicable. DISCUSSION: California is faced with the significant challenge of diverting or safely managing more than 40.2 million reusable or waste tires generated each year. It is estimated that 1.5 million waste tires have been illegally dumped or stockpiled. These stockpiles pose a potential threat to public health, safety, and the environment. In 1990 the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires. The California Integrated Waste Management Board (CIWMB) was charged with responsibility for tire pile stabilization and remediation where public health and safety and the environment may be at risk. Consequently, the CIWMB adopted regulations to establish and enforce waste tire storage and handling standards. Public Resources Code Section 42961.5 required the CIWMB to develop a "California Uniform Waste and Used Tire Manifest" system. Its purpose is to provide accountability for monitoring the movement of waste and used 10-1 Page 2, Item 10 Meeting Date 11/21/06 tire loads within California. The CIWMB uses the Manifest System to ensure that all waste tires generated and transported within California have been accounted for and delivered to permitted end use facilities. Discrepancies are actively investigated and, if necessary, regulations are strictly enforced. The maximum civil penalties for violations of the waste tire hauling and manifesting requirements are $25,000 per violation per day as. described in Public Resources Code Section 42962, and administrative penalties are $5,000 per violation per day. The CIWMB has delegated the responsibility for the administration of the enforcement, compliance and surveillance activities at waste tire facilities to local solid waste enforcement agencies and cities and counties. The central objective of facility, site and hauler inspections is to achieve compliance through oversight and education to the greatest extent possible and to provide accurate information for entry into a statewide database. Inspections may be performed by CIWMB staff or by waste tire enforcement grantees. To ensure a stable source of funding for these activities the CIWMB provides a non-competitive Waste Tire Enforcement Grant program. Each year there is approximately six million dollars available for the grant program. Eligible applicants may request up to a total of $300,000. To be eligible for grant money the applicant must have 50 or more waste tire sites in its jurisdiction and must be one of the following: 1. A Local Enforcement Agency 2. An Environmental Health Agency 3. A Code Enforcement Agency The City of San Diego, Local Enforcement Agency has been operating a Waste Tire Enforcement program for some time and since the cities of Chula Vista, National City and Imperial Beach do not meet all the eligibility requirements to apply for the funding on their own, the City of San Diego invited the South Bay jurisdictions to partner with San Diego for this round of grant funding. The City of San Diego Local Enforcement Agency staff performs the initial inspections and follow-up inspections for all waste tire facilities and sites and will include the facilities and sites located within the partner jurisdictions. If there were a non-compliance issue, Enforcement staff would notify the City and the CIWMB, with enforcement activities pursued at the State level. Decision Maker Conflicts Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMPACT: This action would have no impact to the General Fund. Attachment: CIWMB M:\General Services\GS Administration\Council Agenda\Environmental\Tire grant, 11-21-06.doc 10-2 No~;cG of 1-" California Home Tire Grants Home Forms Resources Grants Database Reoorts CIWMB Grants Home Tire Manaaement Home Tire Enforcement Gran~s, FY 200\:;'-07 (TEA14) Pa:::e 1 0[2 Integrated Waste fVlanagenient Board Waste Tire Enforcement Grants Search IndJ::x Contact Us Heip Notice of Funding Availability, FY 2006-07 The California Integrated Waste Management Board (CIWMB) receives an annual appropriation from the California Tire Recycling Management Fund to administer the Tire Recycling Act (Vuich, Statutes of 1990, Chapter 35) and related legisiation. The Waste Tire Enforcement Grant provides funding to solid waste iocal enforcement agencies and city and county agencies in California for waste tire enforcement activities. Funding Six million dollars ($6,000,000) is available for the Ascai year (FY) 2006-2007 grant program. Eligible applicants, including regional applicants, may request up to a total of three hundred thousand dollars ($300,000). Award of the FY 2006-2007 Waste Tire Enforcement Grant is contingent upon and subject to the availability of funds. The Board reserves the right to fund individual phases of selected proposals, and may therefore, fund an amount less than requested. The Board will award grants on a non-competitive basis. Applicants meeting the eligibility requirements and willing to participate in the program will be considered for funding. Applicant Eligibility To be eligible to apply for the Waste Tire Enforcement Grant, the applicant must have 50 or more waste tire sites in Its Jurisdiction, and must be one of the following: 1. A Local Enforcement Agency (LEA); 2. An Environmental Health Agency; 3. A Code Enforcement Agency; or 4. An existing Waste Tire Enforcement grantee that was determined to be eligibie under the eligibility requirements of a previous grant cycles, received grant funding, and has demonstrated satisfactory performance as determined by CIWMB staff (also referred to as "grand-fathered Grantees"). Note: City and county agencies that are under the jurisdiction of an existing Waste Tire Enforcement grantee or an LEA that is applying simultaneously for this .grant are not eligible unless the city/county agency: . Meets the eligibility requirements of this grant; . Notifies the existing grantee and the CIWMB of its intent to apply; . Meets with the existing grantee and the CIWMB, and . Demonstrates complementary services are needed in its jurisdiction. Based on the Information provided by the new applying agency, the CIWMB will determine whether the applicant will qualify as an eligibie grant recipient. Furthermore, existing grantees reapplying for a Waste Tire Enforcement Grant must have satisfactorily performed the duties as Identified in their current Grant Agreement Procedures and Requirements and complied with the grant's Terms and Conditions. The CIWMB will assess grantee performance through joint field inspections and other performance measures such as; . Completion of all of a majority of tasks identified In the workplan/budget; . Submission of complete and accurate inspection forms; . Effective and efficient use of approved grant funds; . Timely follow-up on complaints and referrals; . Timely submission of enforcement referrals to the CIWMB and District Attorney, if applicable; and 10-3 Lse 1='u;:c10 AvzuJ:;;blc cst.,: :-~:: EnLITc-emc:1t '!=i'(.J j'(J'(),-S_(n ,(~l1=,!:.. ~1J.\ --' >. - _. '- ." I ,_ -'-'~ ~ . / Pac~ .2 ! " Participation in joint training with CIWMB field staff. In addition, cities or counties may submit a regional application with authorization from other cities and/or counties participating in the regional application. A regionai lead jurisdiction must be designated for regional programs to act on behalf of all participating jurisdictions. Each jurisdiction may submit only one grant application. Therefore, if a jurisdiction submits an application as part of a regionai program, it cannot apply Individually or as part of another regional program. Program Eligibility Successful applicants will investigate illegal tire disposal activities, penform waste tire facilities inspections, and survey tire dealers, auto dismantiers, tire haulers, and other points of waste tire generation to ensure compliance with all applicable laws and regulations, including the new manifest system. Inspections are followed up with appropriate compliance actions to ensure that operators are complying with all tire facility regulations, Including storage standards, use of registered tire haulers, and manifest requirements. If the applicant also receives or plans to receive waste tire clean-up grant funds from the CIWMB, the applicant may be required to demonstrate the steps it has taken or plans to take to prevent any bias or conflict of interest that might arise from administering both grants. Application Deadline Applications must be postmarked by December 1, 2006. Hand-delivered applications must be received in the CIWMB Sacramento Office at 1001 "I" Street by 3:00 p.m. on December 1,2006. Applications sent by U. S. Postal Service or a commercial delivery service must be addressed to the appropriate address for the type of delivery service as listed in the application and must be sent by a means that permits tracking by the sender. To Obtain an Application You may download the application from this site or contact Amalia Fernandez (by phone or e-mail) to request a copy. Enforcement Grants Home I Tire Grants Home Last updated: October 16, 2006 Tire Management htto://www.ciwmb.ca.oov/Tires/ Tire Management Program Hotline: (866) 896-0600 (toll free) WasteTires(ii)ciwmb.ca.Oov @1995, 2006 California Integrated Waste Management Board. Ail rights reserved. Terms of Use/Privacy . 10-4 APPLICATION mSTRUCTIONS Waste Tire Enforcement Grant Fiscal Year 2006/2007 (14th Cycle) GRANT BACKGROUND Public Resources Code section 42889( d) provides for the funding of costs associated with the enforcement of waste tire laws. A fee on new tires sold in California provides funding for the Waste Tire Enforcement Grant Program. The California Integrated Waste Manag=ent Board (CIWMB) may designate a city or county entity as the enforcement authority of regulations relating to waste and used tires as provided in the Five-Year Plan, and associated agenda items. At its May 11, 2005 meeting, the Board adopted the Five-Year Planfor the Waste Tire Recycling i'v[anagement Program (Five-Year Plan). The Five- Year Plan allocates six million dollars ($6,000,000) for fiscal year (FY) 2006/2007 and each fiscal year, thereafter, to maintain existing and add additional local enforcement jurisdictions. APPLICAL'{T ELIGffiILITY To be eligible to apply for the Waste Tire Enforcement Grant, the applicant must have 50 or more waste tire sites in its jurisdiction, and must be one of the following: 1) A Local Enforcement Agency (LEA); 2) An Environmental Health Agency; 3) A Code Enforcement Agency, or 4) An existing Waste Tire Enforcement Grantee that was determined to be eligible under the eligibility requirements of a previous grant cycle, received grant funding, and has d=onstrated satisfactory performance as determined by CIWMB staff. Note: City and county agencies that are under the jurisdiction of an existing Waste Tire Enforcement Grantee or an LEA that is applying simultaneously for this grant are not eligible unless the city/county agency: . Meets the eligibility requirements of this grant; . Notifies the existing grantee and the CIWMB in advance of its intent to apply; . Meets with the existing grantee and the CIWMB, and . Demonstrates that complementary services are needed in its jurisdiction. Based on the information provided by the new applying agency, the CIWMB will determine whether the applicant will qualify as an eligible grant recipient. Furthermore, existing Grantees reapplying for a Waste Tire Enforcement Grant must have satisfactorily performed the duties as identified in their current Grant Agreement Procedures and Requirements and complied with all the Grant Terms and Conditions. The CIWMB will assess Grantee performance throughjoint field inspections and other performance measures such as: . Completion of the majority of tasks identified in the workplan/budget; 11!l-5 . Submission of complete and accurate inspection forms; . Effective and efficient use of approved grant funds; . Timely follow-up of complaints and referrals; . Timely submission of enforcement referrals to the CIWNill and district attorney, if applicable; and . Participation in joint training with CIWMB field staff. In addition, cities or counties may submit a regional application with authorization from other cities and/or counties participating in the regional application. A regional lead jurisdiction must be designated for regional programs to act on behalf of all participating jurisdictions. Each jurisdiction may submit only one grant application. Therefore, if a jurisdiction submits an application as part of a regional program, it cannot apply individually or as part of another regional program. FUND lL'I G Six million dollars ($6,000,000) is available for the FY 2006/2007 Waste Tire Enforc=ent Grant program. Eligible applicants, including regional applicants, may request up to three hundred thousand dollars ($300,000). Applicants meeting the eligibility requirements and willing to fully participate in the program will be considered for funding. The CIWMB will award the grants on a nonCcompetitive basis. All costs to be funded must be directly and clearly related to implementation and operation of the program funded by this grant. Costs must be reasonable and cost-effective. Ineligible costs include, but are not limited to, the following: . Costs currently covered by another CIWNill loan, grant or contract, Purchasing or leasing of land, or buildings, Overtime costs (except for local government staffmg during evening or weekend events that are pre-approved in writing by the CIWMB Grant Manager, Auy costs that are not consistent with local, state, and federal guidelines and regulations Auy personnel costs not directly related to salaries and/or benefits, Personnel costs incurred while an employee assigned to the grant project is not working on the grant (e.g. use of accrued time such as sick leave, vacation, etc.); Costs deemed unreasonable or not related to the grant by the CIWNill Grant Manager; . Costs associated with the clean-up of illegal waste tire piles or the pick-up of waste or used tires, and Auy costs incurred while not working on the grant (e.g. personal use of earned personnel time such as sick leave or vacation). Award of the FY 2006-2007 Waste Tire Enforcement Grant is contingent upon and subject to the availability of funds. The Board reserves the right to fund individual phases of selected proposals, and therefore, may fund an amount less than requested. POTENTIAL BUDGET CUTS IF GRANT IS OVER-SUBSCRIBED If the grant program is over-subscribed (total eligible grant funding requests exceed six million dollars), CIWNill staff will consider a county's population, total number of priority sites, and any known threats to public health and safety and/or the environment to modify grant funding 2 10-6 requests as necessary to bring the total recommended grant awards within the allocated grant funding of six million dollars ($6,000,000). CIWMB staff will use the following criteria to assess necessary modifications of an applicant's grant request. CIWMB staff will initially consider the overall county population to set a potential base grant award as follows: Population More than 1 million 500,000 to 1 million Less than 500,000 to 100,000 Less than 100,000 Potential Base Grant Award $210,000 $130,000 $90,000 $70,000 These potential minimum grant awards are based on minimum amounts that could be given to each county, based on current grant funds allocated to the program and current county population figures from the California Department of Finance. However, these base amounts and any additional funding must also be supported by the total number of priority sites in the county and additional criteria as described below: . Total number of sites (generators, haulers, permitted facilities, excluded, and exempt sites) . A jurisdiction's need based on CIWMB field staff's assessment in the following area: o Total number of complaints and referrals o Incidences of illegal dumping and number of illegal sites identified o Enforcement and surveillance activities planned or projected . An existing Grantee's performance based on CIWMB staffs assessment in the following area: o Grant funds used and/or unused conducted in the previous grant cycle o Number of inspections conducted in the previous cycle o Enforcement and surveillance activities conducted in the previous cycle PROGRAM TASKS The successful applicants will inspect waste tire facilities, tire dealers, auto dismantlers, tire haulers, and other points of waste tire generation to ensure compliance with all applicable laws and regulations, including the manifest system, and investigate complaints, referrals and illegal tire disposal activities. Inspections are followed up with appropriate compliance and enforcement actions to ensure that operators are following all tire facility regulations, including storage standards, use ofregistered tire haulers, and manifest requirements. The Waste Tire Enforcement Grant Program consists of the following activities: Task 1. InsTJections/Notice of Violation /Re-insTJections The core of this grant program is the inspection component. The central objective of this task is to achieve compliance through oversight and education to the extent possible, and to refer enforcement actions to the CIWMB and, if deemed appropriate, to the District Attorney. In addition, it is important that Grantees provide accurate information for entry into a statewide database. The work under this task includes, but is not limited to, the following activities: 1l)-7 . Identify, educate, and inspect businesses involved in the collection, transportation, and disposal of waste and used tires to determine compliance with all tire standards; including permit requirements, tire storage standards, and hauler registration and manifest system standards. Tills task includes conducting: o Annual routine inspections of permitted, exempt, excluded or illegal waste tire facilities that accept or store more than 500 waste tires, for waste tire storage, disposal standards, and permit standards, including permit terms and conditions. o Inspections of generators and end users identified in awarded grant application for compliance with the manifest regulations. o Annual routine inspections of waste tire hauler operations for compliance with registration and manifesting requirements. . Complete CIWMB provided survey and inspection forms to document all inspections. . At the time of inspection, issue the CIWMB provided Notice ofYiolation (NaY) and attached informational sheets when violations are discovered, advising owners/operators of outstanding violation(s), and indicating what the violators must do by date certain (compliance deadline date) to satisfy the law. The compliance deadline date will be noted on the inspection report. . If a violation is not corrected at the time ofre-inspection but a good faith effort has been made, the Grantee may extend the compliance deadline date once. The extension shall be noted on the inspection form at the time ofre-inspection. . Conduct no more than a total ofthree inspections, including routine and re- inspections, per facility, site or hauler per grant cycle (one year grant duration period), unless additional inspections are warranted and pre-approved in writing by the CIWMB Grant Manager. . Refer violations that are not corrected after one Nay extension or three inspections/re-inspections to the CIWMB for further enforcement actions, including administrative and civil penalty actions. . Investigate cases referred to the Grantee by the CIWNffi within 30 days. Referrals may include public complaints and California Highway Aerial Surveillance evidence. . Provide training on the waste tire laws and regulations as requested by the CIWMB, when given a 30-day advance notice. . Distribute educational brochures and information to tire businesses during the inspection process, when appropriate. . Maintain a database that provides an inventory of sites and tracks results of inspections using CIWMB standardized documentation, including but not limited to inspection forms and Nays, to ensure consistency and uniformity throughout the state. 410-8 Task 2. Surveillance. Enforcement and Case Develollment The Grantee's combined surveillance, enforcement and case development costs are capped at fifty percent (50%) of the budgeted inspection costs, unless adequate justification is provided to the CIWNfB. The CIWNfB will review this justification to render a decision that will be reflected in the Grant Agreement. Grantee should include prior years work and the public health and safety or environmental need under this tas~. The objective of the surveillance task is to prevent the illegal transport, storage and disposal of waste tires through an aggressive patrol and surveillance campaign. By providing a local tire surveillance program, the Grantee will further increase industry awareness of waste tire management and identify and decrease the number of unregistered tire haulers. In addition, this time spent in the field will provide opportunities for Grantees to locate illegal tire piles and commence progressive enforcement activities that will result in clean-up of the sites. (This grant does not cover the costs associated with the clean-up of illegal waste tire piles or the pick-up of waste or used tires). A progressive enforcement program is key to achieving a high level of compliance while minimizing staff effort and time. Activities under this task shall be prioritized to give primacy to situations that pose the greatest risk to public health and safety and the environment. The inspection and compliance of sites that have 500 or more tires should be a priority of the Program. However, sites with fewer than 500 tires may also pose a public nuisance, blight on the community, or a threat to public health and safety and the environment; therefore, this grant is intended to support the Grantee's authority to deal with these situations through local laws and ordinances. The Grantee shall have primary responsibility for inspections and issuance of a Notices of Violation [NaV s]. The Grantee will develop case files and refer violations that are not corrected at the NaV stage to the CIWNfB for further enforcement actions, including administrative ana civil penalty actions. Therefore, it is important that the Grantees provide timely notice and work closely with CIWNfB enforcement staff during the inspection and NaV process. The work performed by the Grantees under the surveillance and enforcement task shall include, but is not limited to, the following: . Location of illegal tire disposal sites and identification of property owners and/or responsible parties. . Surveillance and documentation of illegal tire disposal or waste tire transport. . Working with local law enforcement officers to cite illegal tire haulers. . As directed by CIWNfB, and with the assistance of the California Highway Patrol (CHP) investigate aerial surveillance data, establish illegal waste tire hauling checkpoints, and participate in CHP /Local Police checkpoints or stings . Formal referral of sites to CIWNfB enforcement staff when compliance is not achieved at the NaV stage within specified time frames. Referral should be made within IS-days of the last re-inspection and must include evidence collected, including inspection reports, and photographs. . Assist CIW1-fB staff with the investigation of referrals, complaints and violations, legal records searches, and the procurement of inspection warrants. Hl-9 . Maintenance of enforcement files and records including inspection reports, correspondence, and evidence. . Joint investigation and enforcement activities approved by the CIWNfB, such as working with local District Attorney (DA), attending administrative, court and/or CrWl\Iffi hearings, and supporting case development. . Reporting of all enforcement actions of the jurisdictiojl on tire-related cases, including any referrals to the DA's Office and any actions taken by the DA's Office on waste tire cases. Task 3. Business and Public Education The CIWMB finds that most businesses comply with laws and regulations when the reasons for the regulations are clearly explained and the guidelines for compliance are plainly defined. An educational approach to compliance is productive and cost effective and there is no substitute for spending individual time with each business. The Grantee shall make reasonable efforts to perform the following educational activities and others as deemed appropriate: . Distribute educational outreach materials and general pro gram information to affected businesses and related governmental agencies. . Develop industry and agency presentation materials. . Conduct trainings to educate and foster working relationships with the Waste Tire Industry and other agencies responsible for tire enforcement issues. . Conduct trainings as requested by the CIWMB, when given a 30-day notice. . Promote sound waste tire management practices throughout the community. Task 4. Training for Grantees The CIWMB will provide waste tire enforcement training to Grantees throughout the grant period. Upon execution ofthe Grant Agreement, Grantee staff is required to attend the first available CIWMB Waste Tire Management Conference and the Local Enforcement Agency Training Conference if waste tire enforcement training is an element. Grantees may be asked to participate in meetings and conferences to share important and unique aspects of their grant programs with other agencies, industry, and interested parties. All training must be related to tires, illegal dumping, surveillance and enforcement, or pertinent health and safety classes. Task 5. ReTJorling Grantees will be required to subtnit progress reports on a quarterly basis and maintain a database of inspections and inspection results. The Grantee will also be required to prepare and submit an annual report to the CIWMB summarizing the work performed and accomplishments of the program at the end of the grant term. Existing grantees may propose biannual reporting (tnid-year and [mal report). New grantees submit three quarterly reports and a [mal report. 610-10 GRAl'fT TERL'VI The term of the grant is June 30, 2007 through June 30, 2008. GRANT SCHEDULE December 1,2006 J anuary/F ebruary 2007 A ril2007 May/June 2007 June 30, 2007 June 30, 2008 DEFINITION OF TERL'VIS Guidelines for completing the FY 2006/2007 Waste Tire Enforcement Grant Application: 1. Applicant - Name of applying jurisdiction. If a regional program, list all of the participating jurisdictions, with the lead jurisdiction listed first. 2. Primary Contact - The Primary Contact is the person responsible for carrying out the project goals and obj ectives. This person will be the contact for all matters regarding the grant, including but not limited to: agreement status, program impl=entation, quarterly progress reports, and final report. 3. Signature Authority - The Signature Authority is authorized and empowered, pursuant to Resolution, to execute in the name of the applicant(s) all necessary applications, contracts, payment requests, agreements, and amendments to implement the Grant program. The Signature Authority must be a local government employee. The resolution for the lead jurisdiction of the grant should include the title of the signature authority. 4. Total Requested Grant Amount - IdentifY the total costs for the activities you plan to implement with the Grant funds. ROUND THE AMOUNT TO THE NEAREST HUNDRED DOLLARS. 5. Certification - The signature must be of the person authorized by the resolution as signature authority. 6. Budget and Expenditure Statement - Details how the grant funds will be used. The approved Budget and Expenditure Stat=ent will be incorporated into and become part of the Grant Agre=ent. 1Q7-11 7. Resolution - An approved resolution from each applicant's governing body authorizing submittal of the application and identifying the title of the individual authorized to execute any agreement and requests for payment, a copy of an existing multi-year resolution adopted within five years or a current single-year resolution that is still in etIect for FY 2006/2007, or a draft resolution which will be signed by your governing authority that designates the position title of the person authorized to execute all CIWi\1B grant-related documenis for your jurisdiction, must be submitted with the grant application. If a draft resolution is submitted with the application, a final signed copy of the resolution is due by COB Aprill, 2007. Please select your authorized representative carefully because this will be the only person whose signature will be recognized by the CIWMB. There are two resolution options depending upon the type of application you submit: a. Individual Applicant - For a city or county applying alone. b. Regional Applicant - For a city or county applying with at least one other jurisdiction. Sample resolutions are attached, and are also on the CIWMB website http://www.ciwmb.ca.qov/Tires/Grants/Enforcement. These samples are provided for guidance purposes only. Consult your attorney. 8. List of waste tire facilities, generators (tire dealers, auto dismantlers, end users), waste tire haulers, and illegal tire disposal sites in your jurisdiction - Provide a list of sites in the categories listed. Include company names and addresses for businesses and nearest locations for illegal tire disposal sites. 9. List of all field staff contacts and program supervisors/managers, along with individual telephone numbers and e-mail addresses. BUDGETITEMUZATION The Project Eligibility describes all tasks that are necessary to conduct the waste tire enforcement program. The budget must estimate for each Task as described in the application instructions on page 4-7. Please use the electronic budget format/worksheets provided on the web http://www.ciwmb.ca.qov/Tires/GrantsIEnforcement to itemize and calculate your tasks, including personnel costs and to describe materials, supplies and miscellaneous costs required for the program. The completed budget must be mailed in along with your application and required accompanying documentation. In addition, please send an electronic copy of the completed Budget and Expenditure to Amalia Fernandez at: afernand@ciwmb.ca.gov. Personnel Costs. Personnel costs include salaries, wages, and benefits for personnel who are employed by or under contract with the Grantee and will work directly on the project. To estimate personnel costs use the following guidelines: 81 0-1 2 BUDGET WORKSHEET A Task 1. InsTJectionslNOV ComTJliance/Re-insTJections Estimate the time and costs for waste tire facility inspections and generator site inventories based on a minimum of 1 and a ma.,imum of 3 inspections/reiUsp;ctions per site per year. The Grantee must have a cost allocation plan on file to justify its hourly rate. The maximum hourly rate that may be charged to the grant is $ I 25/hour. The inspection frequency is one routine inspection per site per year, and up to a maximum four hours per inspection equaling no more than $500 per inspection for sites found in compliance. Calculate costs based on maximum of 4 hours per inspection/site inventory includes travel time, inspection, inspection report preparation, and initial compliance activities. Up to two additional reinspections will be' allowed to ensure compliance. A line item often percent (10%) of facility inspections is automatically added to your budget for required follow-up on potential referrals/complaints and for conducting any necessary pre-permit inspections. Task 2. Surveillance. Enforcement and Case DeveloTJment Estimate time and costs for surveillance or time in the field patrolling for illegal tire disposal and hauler activities. Estimate time and costs for surveillance and enforcement activities beyond what is encompassed in the above inspection category. These activities may include, but are not limited to, field investigations and follow-up on complaints and referrals, issuing NOY s, participating in CHP/local police checkpoints and stings, attendance at local task force meetings, research for site ownership/access, obtaining necessary warrants, time spent applying for clean up grants and monitoring of remediation activities, developing cases and making enforc=ent referrals to the CIWMB, etc. Surveillance, enforcement and case development costs IDay not exceed a maximum of fifty percent (50%) of staff inspection time above in Task IA unless adequate justification is provided to the CIWMB, including prior years work under this task and the public health and safety or environmental need. The CIWMB will review the justification to reach a decision that will be reflected in the Grantee Agreement. Task 3. Business and Public Education Estimate the time spent on business and public education and outreach related to waste tire enforc=ent issues. Task 4. Trainin~ for Grantees Estimate the time and costs for staff training. The CIWMB conducts up to three Round Tables per year, up to four Tire Grantee Trainings, one annual 3-day LEA Training Conference and up to 3 days of additional field training. Grantees will be required to send at least one staff and no more than five staff to attend applicable tire training classes at these events. Also, estimate any other training to enhance your waste tire enforcement program. 1 e-1 3 Task 5. ReTJorlin<< Estimate the time and costs for reporting. Grantees will be required to submit progress reports on a quarterly basis. The Grantees will also be responsible for maintaining and submitting with the reports, a database report of waste tire sites in their jurisdictions that tracks and captures results of inspections and enforcement activities. The Grantee will also be required to prepare and submit an annual report to the CI\VMJ? summarizing the work performed, accomplishments of the program, and recycled content purchasing report of equipment, vehicles and materials purchased with grant funds, at the end of the grant term. Existing grantees may propose biannual reporting (mid-year report and afinal report). New grantees must budget for three quarterly reports and a final report. BUDGET WORKSHEET B Task 6. EquiTJment, l\iJaterials/SuTJTJlies Itemize the costs of purchasing and/or leasing field equipment, computers/service & accessories, health and safety gear, and other materials/supplies required for the Waste Tire Enforcement Grant Program. For equipment purchases, itemize the quantity and purchase price. Provide estimates whenever possible. Some examples of necessary field inspection equipment include, but are not limited to, Global Positioning System (GPS) Receiver, measuring device such as a hip chain or tape measurer, clinometer, camera, clipboard, binoculars, calculator, etc. Task 7. TransTJOrlation Costs Transportation costs including vehicle purchase, leasing, maintenance, insurance and fuel shall not exceed $25,000. The maximum mileage rate that may be charged is $.34/mile (State Rate), or the county/city rate, whichever is less. Equipment, materials/supplies, and transportation costs shall not exceed twenty percent (20%) of the combined grant costs for Task 1 - Task 5. PURCHASE OF VEHICLES The State of Califomia has implemented a Vehicle Purchase and Lease policy for vehicles purchased by state agencies. The policy is contained in the Manag=ent Memo Number MM06- 03: http://www.documents.dqs.ca.qovlosplsam/mmemos/mm06 03.pdf If you are planning on purchasing a vehicle using Waste Tire Enforcement Grant money the CIW1v!B strongly encourages you to follow these guidelines. You may find the state program highly beneficial as the vehicles purchased may be of a lesser cost than if purchased through other channels. In addition, as these vehicles run either with alternative fuel or under strict emission guidelines, this contributes towards the protection of the environment. If you are interested in purchasing a vehicle through the State of California's Department of General Services, contact the Office of Procurement at: htto:i/www.pd.dgs.ca.gov/contracts/vehicles.htm. The Department of General Services charges I % of the vehicle cost. The policy can be broken down intro three areas: . Alternative Fuel Vehicles - 75% of the state's light duty vehicles purchases must be powered by alternative fuel. To view a listing of all alternative fuel vehicles available thought the Department of General Services, refer to: W 0-14 http://www.pd.dgs.ca.gov/contracts/vehicles.htm. To locate a fueling station for your alternative fuel vehicle, visit the following: httn://www.cleancannaps.comlhome. . Gasoline and Hybrid-Electric-Powered Vehicles - requires that all gasoline powered light-duty sedans purchased or leased by state agencies be at a minimum certified to operate under the LEV-II ultra low emission vehicle standards. Light duty pick ups, sedans, and spon utility vehicles must be at a minimum cc;rtified under the LEV-I ultra low emission vehicle standards or equivalent (this category includes hybrid vehicles). To view a listing of vehicles meeting the requirements of gasoline and hybrid-electric- powered vehicles visit the following: htto://www.arb.ca.gov/msprog/ccv!/ccvl.htm. . Sport Utility Vehicles or Four-Wheel Drive Trucks - Requires that any state agency that wants to purchase a sport utility vehicle or a four-wheel drive truck to first obtain authorization. If you are interested in purchasing a sport utility vehicle or a four-wheel drive truck, you would need to first justify the need for these types of vehicles. Again, we strongly encourage you to follow these guidelines if you are planning on purchasing a vehicle. Remember that by enrolling in this program, you may be able to purchase a vehicle at a lesser cost and at the same time you are contributing to the protection of the environment. Also, please note that by executing the Grant Agreement, the Grantee agrees to execute all necessary documents to provide the CIWMB with a purchase money security interest in any vehicles purchased, in whole or in part, with the grant funds. Task 8. Miscellaneous Indirect Costs Describe and estimate other costs not included in the above categories, including contracts and services not included in other categories, administrative overhead, etc. Indirect costs may not exceed ten percent (10%) of the total costs from Worksheets A and B. PAYMENTS Grant funds are paid on a reimbursement basis for the actual costs directly related to the implementation of the program. In order to receive payments, Grantees must: 1) Complete and return the Grant Agreement form signed by the authorized signatory (as listed on the resolution) within 90 days of the date of mailing of the agreement package by the CIWMB. 2) Complete and return the Grant Payment Request Form signed by the authorized signatory. 3) Submit all required reports on time and follow the Procedures and Requirements and Terms and Conditions issued for the Waste Tire Enforcement Grant. To enable Grantees to pay associated start-up costs, requests for advance payment may be considered if they are submitted to the CIWNffi Grant Manager. The request must not exceed 30% of the grant total and must demonstrate: 1) the Grantee's need for advance payment; 2) that the Grantee will incur a specific expenditure within 90 days after receiving payment from the CIWMB; and 3) that the advanced funds will be deposited in a federally-insured institution and into an interest bearing account; and 4) the Grantee must submit supporting documentation. Advance payment must be reconciled before any further payments are processed. The Grant Manager may partially or fully deny requests for advance payment. lIIH-1 5 Failure to comply with any of the requirements may result in a jurisdiction not receiving some or all of its grant funding under this and future grant cycles. APPLICATON SUBlVIITTAL Applicants must submit one original and three copies of the application and accompanying documentation to the CIWMB. Applications must be postmarkep, no later than Friday, December 1, 2006. Hand delivered applications must be received in the CIWlYIB Sacramento Of:fice at 1001 "I" Street by 3:00 p.m. on December 1, 2006. Applications sent by D.S. Postal Service or a commercial delivery service must be addressed to the appropriate address for the type of delivery service as listed in the application and should be sent by a means that permits tracking by the sender and that provides an addressed and dated receipt. Failure to do so is at the applicant's risk. If delivery is delayed or the application is lost by the Post Office or delivery service, the burden is on the applicant to demonstrate timely mailing or delivery of the applications. Late applications will be returned to the applicant and not considered for grant funding. Please direct any application questions during the grant comment period (October 6, 2006-December 1, 2006) to Amalia Fernandez at 916-341-6869 or afernand@ciwmb.ca.gov OR Georgianne Turner at 916-341-6429 or gturner@ciwmb.ca.gov. In addition, please f<L'{ and e-mail your electronic application/budget to Amalia Fernandez at afernand@ciwmb.ca.goV before the submittal due date. The CIWMB grant review panel will use the electronic applicationlbudget submitted to make any necessary changes. The following is the Us. Postal mailing address: California Integrated Waste Management Board Waste Tire Enforcement Program Grants Administration Unit ATTN: GAU Staff PO Box 4025, MS 9A Sacramento, CA 95812-4025 The following physical address is for applications sent by common carrier or hand-delivered: California Integrated Waste Management Board Waste Tire Enforcement Program Grants Administration Unit ATTN: GAU Staff 1001 "I" Street, 19th Floor, MS 9A Sacramento, CA 95814 1j 0-16 RESOLUTIONS - Directions and Samples INDIvlDUAL APPLICAL'ITS (City or County) An individual applicant may provide one of the following: C An approved resolution from the applicant's governing body. authorizing submittal of an application for the Waste Tire Enforcement Grant identifying the title of the individual authorized to execute any agreements, contracts, and request for payments; OR o An approved resolution authorizing, for up to five (5) years, the submittal of a grant application to the CIWMB for all available Waste Tire Enforcement Grants, identifying the title of the individual authorized to execute any agreements, contracts, and requests for payments. Note: Benefit of a multiple year/grant resolution is that it can be used for fi/ture applications. 11ll3-17 Note: These sample resolutions are not intended as legal advice, but merely to assist applicants. Consult witb your legal counsel prior to using tbese documents. SA.\iIPLE RESOLUTION: Individual Applicants/Jurisdiction (City or County) RESOLUTION AUTHORIZING SUBMITTAL OF WASTE TIRE ENFORCEMENT GRA1~T APPLICATION (Sample/Please Retype) WHEREAS, funds are allocated and available from the California Integrated Waste Management Board for grants to solid waste Local Enforcement Agencies (LEA) and cities and counties witb regulatory autbority within the city and county government to perform enforcement/compliance and surveillance activities at waste tire facilities; and WHEREAS, the California Integrated Waste Management Board has been delegated tbe responsibility for the administration of the program within tbe state, setting up necessary procedures governing application by cities and counties under tbe program; and WHEREAS, the applicant demonstrates it has sufficient staff resources, technical expertise, and/or experience witb similar projects to carry out tbe proposed program; and .WHEREAS, the applicant will enter into an agreement \Vitb tbe State of California for implementation of a waste tire enforcement program; NOW, THEREFORE, be it resolved tbat the Title ofzoverninz bodv of the local iurisdiction: autborizes tbe submittal of an application to tbe California Integrated Waste Management Board for a Waste Tire Enforcement Grant for a period of (Indicate Time Period - not more than 5 vears). BE IT F1JRTHER RESOLVED tbat the Title of official, or their designee, is hereby autborized and empowered to execute in tbe name of Name of iurisdiction all necessary applications, contracts, payment requests, agreements, and amendments hereto for tbe purposes of securing grant funds and to implement and carry out tbe purposes specified in tbe application. The foregoing resolution was passed by the Title of zoverninz body of the local iurisdiction day of ,20 . Effective ,20_ this Signed: Date (Name and Title of official authorized to sign) 140-18 REGIONAL APPLICAL'lTS Regional Programs have one lead jurisdiction and at least one participating jurisdiction. In addition to the resolution for the lead applicant, applications must also include ONE of the following authorization documents for each participating jurisdiction. (The inclusion of the participants' names in the lead applicant's resolution does not take the place of the authorization document.) . ,] A resolution from each participating jurisdiction authorizing the lead applicant to act on its behalf as both Applicant and Grant Administrator (entity that implements the grant program); OR ] An authorization letter from the County Administrator/City Manager from each participating jurisdiction stating that the jurisdiction wants to participate in the regional program and authorizing the lead applicant to act on its behalf as both Applicant and Grant Administrator; OR o A copy of a Memorandum of Understanding specifically for this grant from each participating jurisdiction authorizing the lead applicant to act on behalf of the jurisdiction both as Applicant and Grant Administrator. SMIPLE RESOLUTION - Lead Applicant of a Regional Program WHEREAS, funds are allocated and available from the California Integrated Waste Management Board for grants to solid waste Local Enforcement Agencies (LEA) and cities and counties with regulatory authority within the city and county government to perform enforcement/compliance and surveillance activities at waste tire facilities; and 'iVHEREAS, the Califomia Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, the applicant for itself and on behalf of the following participating jurisdictions will enter into an agreement with the State of California for implementation of a regional waste tire enforcement program; NOW, THEREFORE, BE IT RESOLVED that the (Title of Governinl! Bodv) authorizes the submittal of a regional application on behalf of (Particivatine Cities or Counties) to the California Integrated Waste Management Board for the Waste Tire Enforcement Grant, Fiscal Year 2006/2007. BE IT FURTHER RESOLVED that the (Title of Official), or its designee, is hereby authorized and empowered to execute in the name of the participating jurisdictions all necessary applications, contracts, payment requests, agreements, and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant app lication. If the lead applicant does not want to list participants' names in the resolution, the resolution could read: 1 O~19 NOW, THEREFORE, BE IT RESOLVED that the (Title of Governin2: Bodv) authorizes the submittal of a regional application on behalf of the participating jurisdictions (as sho\VTl by the attached authorizing letters) to the California Integrated Waste Management Board for the Waste Tire Enforcement Grant, Fiscal Year 2006/2007. SAlvlPLE RESOLUTION - Participant in a Regional Program, WHEREAS, funds are allocated and available from the California Integrated Waste Management Board for grants to solid waste Local Enforcement Agencies (LEA) and cities and counties with regulatory authority within the city and county government to perform enforcement/compliance and surveillance activities of entities and/or individuals involved with the waste tire industry; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, (N ame of Lead Jurisdiction) has agreed to act as lead jurisdiction on behalf of (N ame of Participatin2: Jurisdiction); NOW, THEREFORE, BE IT RESOLVED that the (Name ofParticipatin2: Jurisdiction) authorizes the (Name of Lead Jurisdiction) to submit to the California Integrated Waste Management Board a regional application for the Waste Tire Enforcement Grant, Fiscal Year 2006/2007 on its behalf. BE IT FURTHER RESOLVED that the (Name of Lead Jurisdiction) is hereby authorized and empowered to execute all necessary applications, contracts, payment requests, agreements, and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application, l~ 0-20 AUTHORIZATION LETTER !]';70RivIATION Participating cities and counties may submit an authorization letter in lieu of a resolution. SAMPLE Authorization Letter (authorization valid for 12 months from date of letter) Dear CIWMB: The (Name of particioatin2 iurisdiction) authorizes (Name of Lead Jurisdiction) to submit to the CIWMB a regional application for the Waste Tire Enforcement Grants on its behalf. The (Name of Lead Jurisdiction) is hereby authorized and =powered to execute all necessary applications, contracts, payment requests, agreements, and amendments hereto for the purposes of securing grant funds and to impl=ent and carry out the purposes specified in the grant application. Sincerely, City Manager (or County Administrator) lW-21 RESOLUTION 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF WASTE TIRE ENFORCEMENT GRANT APPLICATION IN PARTNERSHIP WITH THE CITY OF SAN DIEGO - SOLID WASTE LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENTS REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSES OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE PURPOSES SPECIFIED IN THE GRANT WHEREAS, the California State Legislature enacted comprehensive requirements for the storage and disposal of waste tires in 1989; and WHEREAS, the California Integrated Waste Management Board has delegated the responsibility for the administration of the enforcement, compliance and surveillance activities at waste tire facilities to solid waste Local Enforcement Agencies (LEA); and WHEREAS, funds are allocated and available from the California Integrated Waste Management Board for grants to LEAs to perform enforcement, compliance and surveillance activities at waste tire facilities; and WHEREAS, the City of San Diego LEA has agreed to act as lead jurisdiction on behalf of the cities of Chula Vista, Imperial Beach and National City. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista authorizes the City of San Diego Local Enforcement Agency to submit to the California Integrated Waste Management Board a regional application for the Waste Tire Enforcement Grant, Fiscal Year 2006/07 on its behalf. BE IT FURTHER RESOLVED that the City of San Diego Local Enforcement Agency is here by authorized and empowered to execute all necessary applications, contracts, payment requests, agreements and amendments here to for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. Presented by Approved as to form by Jack Griffin Director of General Services ~\'f~l{\\\\,\ 'C~~\l Ann Moore City Attorney 10-22