WAC 173-322-080   Independent remedial action grants.  (1) Purpose. The purpose of the independent remedial action grant program is to provide funding to local governments that have successfully cleaned up hazardous waste sites through independent remedial action. Independent remedial actions are remedial actions that are voluntarily initiated and conducted without department oversight or approval. The grants are intended to encourage and expedite independent remedial action and to lessen the impact of the cost of such action on ratepayers and taxpayers.

     (2) Applicant eligibility. To be eligible for an independent remedial action grant, the applicant must meet the following requirements:

     (a) The applicant must be a local government, as defined in WAC 173-322-020;

     (b) The applicant must be a potentially liable person or potentially responsible party at the hazardous waste site or have an ownership interest in the hazardous waste site; and

     (c) The applicant must have completed independent remedial actions at the hazardous waste site and received from the department a no further action (NFA) determination.

     (3) Application process.

     (a) Submittal. The application for an independent remedial action grant must be submitted to the department within sixty days of receipt of the no further action (NFA) determination.

     (b) Content. The grant application must be completed on forms provided by the department and include the following:

     (i) Sufficient evidence to demonstrate compliance with the eligibility requirements in subsection (2) of this section;

     (ii) A description of the independent remedial action for which the department issued a no further action (NFA) determination;

     (iii) A description of the environmental benefits of the project;

     (iv) A copy of the independent remedial action report required under WAC 173-340-515(4);

     (v) A copy of the document containing the no further action (NFA) determination;

     (vi) A description of the costs incurred in performing the independent remedial actions;

     (vii) A description of all current or potential sources of funding including, but not limited to, other grants or loans and proceeds from contribution or insurance claims; and

     (viii) A commitment by the applicant to provide the required matching funds and a description of the sources of those funds.

     (4) Application evaluation and prioritization.

     (a) The grant application will be evaluated by the department for completeness and adequacy. After the application has been completed, the department and the applicant will negotiate the budget for the grant. The department will consider cost eligibility and other sources of funding when negotiating the budget for the grant.

     (b) When pending grant applications or anticipated demand for independent remedial action grants exceed the amount of funds available, the department may prioritize applications or limit grant awards based on the date the department receives completed applications.

     (5) Cost eligibility. Costs must be eligible under this section and be approved by the department in order to be eligible for reimbursement.

     (a) Eligible costs. Eligible costs for independent remedial action grants include, but are not limited to, the reasonable costs for the following:

     (i) Remedial investigations;

     (ii) Feasibility studies;

     (iii) Remedial designs;

     (iv) Pilot studies;

     (v) Interim actions;

     (vi) Cleanup actions;

     (vii) Capital costs of long-term monitoring systems;

     (viii) Operating and maintenance costs incurred during the first year of accomplishing the cleanup action after facilities and equipment have been installed or constructed; and

     (ix) Development of the independent remedial action report required under WAC 173-340-515(4).

     (b) Ineligible costs. Ineligible costs for independent remedial action grants include, but are not limited to, the following:

     (i) Retroactive costs, except as provided under subsection (6) of this section;

     (ii) Cost of technical consultations provided by the department under WAC 173-340-515(5), including any deposit for such consultations;

     (iii) Operating and maintenance costs of long-term monitoring systems;

     (iv) Operating and maintenance costs incurred after the first year of accomplishing the cleanup action;

     (v) Natural resource damage assessment costs and natural resource damages;

     (vi) Legal costs including, but not limited to, the cost of pursuing contribution or insurance claims, the cost of administrative hearings, the cost of pursuing penalties or civil or criminal actions against persons, the cost of penalties incurred by the applicant, the cost of defending actions taken against the applicant, and attorney fees; and

     (vii) In-kind services.

     (6) Retroactive cost eligibility. Retroactive costs are eligible for reimbursement if the costs were incurred within five years of the date of the grant application. Retroactive costs incurred more than five years before the date of the grant application are not eligible for reimbursement unless:

     (a) The department unreasonably delayed the processing of the grant application; or

     (b) The department provided only partial funding under a prior grant agreement because funds were not available.

     (7) Funding and reimbursement.

     (a) Adjustment of eligible costs. If the applicant receives proceeds from a contribution claim before the effective date of the grant agreement, then the department shall deduct those proceeds from the amount eligible for grant funding, after subtracting from those proceeds the legal costs incurred by the applicant pursuing the contribution claim. If the eligible costs exceed four hundred thousand dollars after the department has deducted any contribution claim proceeds, then the department shall limit the eligible costs to four hundred thousand dollars.

     (b) Funding of eligible costs. Except as provided under (c) of this subsection, the applicant shall be eligible to receive funding for up to fifty percent of eligible costs.

     (c) Additional funding. If the applicant is a county, or is located within a county, that is economically disadvantaged, as defined in WAC 173-322-020, then the applicant shall be eligible to receive funding for up to seventy-five percent of eligible costs.

     (d) Match requirement. The applicant shall fund those eligible costs not funded by the department under the grant. The applicant may not use in-kind services or proceeds from contribution claims to meet the match requirement.

     (e) Reimbursement of grant funds. If the applicant receives proceeds from a contribution claim after the effective date of the grant agreement, then the applicant shall reimburse the department for a proportional share of those proceeds, after subtracting from those proceeds the legal costs incurred by the applicant pursuing the contribution claim.



[Statutory Authority: RCW 70.105D.070. 05-07-104 (Order 04-06), § 173-322-080, filed 3/18/05, effective 4/18/05. Statutory Authority: RCW 43.21A.080. 93-24-047, § 173-322-080, filed 11/23/93, effective 12/24/93. Statutory Authority: Chapter 70.105D RCW. 90-10-057 (Order 89-45), § 173-322-080, filed 5/1/90, effective 6/1/90.]