WAC 173-322-120   Derelict vessel remedial action grants.  (1) Purpose. The purpose of the derelict vessel remedial action grant program is to provide funding to local governments that clean up and dispose of hazardous substances from abandoned or derelict vessels that pose a threat to human health or the environment.

     (2) Applicant eligibility. To be eligible for a derelict vessel 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 vessel must be an abandoned or derelict vessel, as defined in WAC 173-322-020; and

     (c) The applicant must be the owner of the abandoned or derelict vessel.

     (3) Application process.

     (a) Submittal. The application for a derelict vessel remedial action 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 vessel, the types and quantities of hazardous substances located within the vessel, the threat posed by the vessel to human health and the environment, the remedial actions to be performed to address that threat, and the authority under which the remedial action will be performed;

     (iii) A copy of the scope of work that specifies the remedial actions to be performed to address the threat;

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

     (v) A budget for the scope of work;

     (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 derelict vessel remedial action grants exceed the amount of funds available, the department may prioritize applications or limit grant awards based on the following:

     (i) Relative risk to human health and the environment;

     (ii) Evidence that the grant will expedite cleanup; 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 a derelict vessel remedial action grant include, but are not limited to, the reasonable costs for the following:

     (i) Remedial investigation of the vessel, including sampling and analysis; and

     (ii) Removal and disposal of hazardous substances and materials designated as dangerous wastes under chapter 173-303 WAC.

     (b) Ineligible costs. Ineligible costs for a derelict vessel remedial action grant include, but are not limited to, the following:

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

     (ii) Administrative cost of taking ownership of the vessel;

     (iii) Removal and disposal of materials that are not hazardous substances or designated as dangerous wastes under chapter 173-303 WAC;

     (iv) Disposal of the vessel at a landfill, including transport of the vessel;

     (v) Disposal of the vessel at sea;

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

     (vii) 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

     (viii) 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. Except as provided under (c) of this subsection, the applicant shall be eligible to receive funding for up to fifty percent of eligible costs, not to exceed twenty-five thousand dollars.

     (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, not to exceed twenty-five thousand dollars.

     (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), § 173-322-120, filed 3/18/05, effective 4/18/05. Statutory Authority: Chapter 70.105D RCW. 01-05-024 (Order 97-09A), § 173-322-120, filed 2/12/01, effective 3/15/01; 90-10-057 (Order 89-45), § 173-322-120, filed 5/1/90, effective 6/1/90.]