WAC 173-322-110   Methamphetamine lab site assessment and cleanup grants.  (1) Purpose. The purpose of the methamphetamine lab site assessment and cleanup grant program is to provide funding to local health districts and departments that assess and cleanup sites of methamphetamine production. The program is not intended to assist local health districts and departments in the initial containment of methamphetamine lab sites.

     (2) Applicant eligibility. To be eligible for a methamphetamine lab site assessment and cleanup grant, the applicant must meet the following requirements:

     (a) The applicant must be a local health district or department;

     (b) The methamphetamine lab site must be located within the jurisdiction of the applicant; and

     (c) The scope of work for the assessment or cleanup of a methamphetamine lab site must conform to chapter 246-205 WAC and applicable board of health and department of health guidelines. The scope of work for the methamphetamine lab site assessment must also conform to WAC 173-340-320 and applicable department of ecology guidelines.

     (3) Application process.

     (a) Submittal. The application for a methamphetamine lab site assessment and cleanup grant may be submitted to the department at any time.

     (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 applicant eligibility requirements in subsection (2) of this section;

     (ii) A description of the work completed under the prior grant agreement, if applicable;

     (iii) A description of the anticipated work to be completed under the grant;

     (iv) A budget for the anticipated work;

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

     (vi) 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

     (vii) 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 scope of work and budget for the grant. The department will consider cost eligibility and other sources of funding when negotiating the scope of work and budget for the grant.

     (b) When pending grant applications or anticipated demand for methamphetamine lab site assessment and cleanup grants exceed the amount of funds available, the department may prioritize applications or limit grant awards based on the following:

     (i) Potential public health or environmental threat from the methamphetamine lab sites;

     (ii) Ownership of the methamphetamine lab sites. Publicly owned sites will receive priority over privately owned sites; and

     (iii) Relative readiness of the applicant to proceed promptly to accomplish the scope of work.

     (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 methamphetamine lab site assessment and cleanup grants include, but are not limited to, the reasonable costs for the following:

     (i) Posting the property, as defined in WAC 246-205-010 and required under WAC 246-205-520;

     (ii) Inspecting the property and determining whether the property is contaminated, as required under WAC 246-205-530;

     (iii) Posting contaminated property, as defined in WAC 246-205-010 and required under WAC 246-205-560;

     (iv) Notifying occupants, property owners, and other persons with an interest in the contaminated property, as required under WAC 246-205-560;

     (v) Cleaning up contaminated publicly owned property, as required under WAC 246-205-570, including performing a precleanup site assessment, developing and implementing the cleanup work plan, performing a post-cleanup site assessment, and developing a cleanup report. Eligible costs include the costs incurred by an authorized contractor and the cost of overseeing the work performed by the contractor;

     (vi) Overseeing the cleanup of contaminated privately owned property, as required under WAC 246-205-570 and 246-205-580, including reviewing cleanup work plans and reports and inspecting the property during and subsequent to the cleanup;

     (vii) Disposal of contaminated property, as defined in WAC 246-205-010, if the property is publicly owned;

     (viii) Releasing the property for use, as required under WAC 246-205-580;

     (ix) County fees related to deed notification; and

     (x) Equipment and training, if approved by the department in advance.

     (b) Ineligible costs. Ineligible costs for methamphetamine lab site assessment and cleanup grants include, but are not limited to, the following:

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

     (ii) Initial containment of methamphetamine lab sites, as defined in WAC 173-322-020;

     (iii) Restricting access to privately owned property, except as required under chapter 246-205 WAC;

     (iv) Cleaning up privately owned contaminated property;

     (v) Disposal of contaminated property, as defined in WAC 246-205-010, if the property is privately owned;

     (vi) Disposal of property that is not contaminated, as defined in WAC 246-205-010;

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

     (viii) 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;

     (ix) Education and outreach activities; and

     (x) In-kind services.

     (6) Retroactive cost eligibility. Retroactive costs are not eligible for reimbursement unless:

     (a) The department unreasonably delays 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.

     (b) Funding of eligible costs. The applicant shall be eligible to receive funding for up to one hundred percent of eligible methamphetamine lab site assessment costs. Except as provided under (c) of this subsection, the applicant shall also be eligible to receive funding for up to fifty percent of eligible methamphetamine lab site cleanup 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 methamphetamine lab site cleanup 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), § 173-322-110, filed 3/18/05, effective 4/18/05. Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-322-110, filed 2/12/01, effective 3/15/01. Statutory Authority: RCW 43.21A.080. 93-24-047, § 173-322-110, filed 11/23/93, effective 12/24/93. Statutory Authority: Chapter 70.105D RCW. 90-10-057 (Order 89-45), § 173-322-110, filed 5/1/90, effective 6/1/90.]