NCDENR Envir Mgt Mercury Recycling GrantSTATE OF NORTH CAROLINA
COUNTY OF WAKE
GRANT CONTRACT NO. 5239
GRANTEE'S FEDERAL
IDENTIFICATION
NUMBER: **w10324
This Contract is hereby made and entered into this 11th day of April, 2013, by and between the NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, (the "Agency ") and NEW HANOVER COUNTY, (the
"Grantee ") (referred to collectively as the "Parties').
1. Contract Documents: This Contract consists of the Grant Contract and its attachments, all of which are identified by
name as follows:
(1) Grant Contract No. 5239
(2) General Terms and Conditions (Attachment A)
(3) Agency's Request for Proposal (RFP) (Attachment B)
(4) Grantee's Response to Agency's RFP, including line item budget and budget narrative and if applicable, indirect
cost documentation (Attachment C)
These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements
or agreements. The Parties may enter into Contract Amendments in accordance with the General-Terms and Conditions
as described in Attachment A.
2. Precedence Among Contract Documents: In the event of a conflict between terms of the Contract Documents, the
term in the Contract Document with the highest relative precedence prevails. The order of precedence is established by
the order of documents in Paragraph 1, above, with the first - listed document having the highest precedence and the last -
listed document having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment
has the highest precedence and the oldest amendment has the lowest precedence.
3. Contract Period: This Contract shall be effective on the 29th day of April, 2013 and shall terminate on the 28th day
of April, 2014.
4. Project Period: The Grantee begins the project on 0412912013. The Grantee undertakes and completes the
project in a sequence that assures expeditious completion in light of the purposes of this agreement. Grantee
completes the project on 0412812014.
5. Grantee's Duties: The Grantee provides the project as described in Attachment C, (New Hanover County Mercury
Products Recycling Grant) and in accordance with the approved budget in Attachment C,
6. Agency's Duties: The Agency shall pay the Grantee in the manner and in the amounts specified in the Contract
Documents.
The total amount paid by the Agency to the Grantee under this Contract shall not exceed SIX THOUSAND TWO
HUNDRED TWENTY FIVE DOLLARS ($6,225.00).
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GRANT CONTRACT NO. 5239
This amount consists of:
Type of Funds Funding Source CFDA No.
Other Receipts Solid Waste Trust Fund NA
Accounting Code Information:
Dollars
GL Company
GL Account
GL Center
$6,225.00
1602
536961
6760
Reversion of Unexpended Funds
Any unexpended grant funds shall revert to the Agency upon termination of this Contract.
Reporting Requirements:
Any Grantee receiving at least $15,000 but less than $500,000 in state funds from the Agency within any fiscal
year is required to file with each funding state agency a sworn accounting of receipts and expenditures of state
funds in the format approved by the State Auditor. This accounting must be attested to by the Grantee fiscal officer
and one other authorizing officer of the Grantee. This accounting must be filed with each funding state agency
within six months after the end of the Grantee's operating year. If the Grantee receives STATE funds of $500,000
or more during its fiscal year, it must file with the State Auditor and each funding agency its audited financial
statements in accordance with the standards and formats prescribed by the State Auditor in Memorandum NGO -2
"Grantee Audit Reports." If the Grantee receives $500,000 or more in FEDERAL awards during its fiscal year from
any source, including federal funds passed through the State or other grantors, it must obtain a single audit or
program- specific audit conducted in accordance with the Federal Office of Management and Budget's Circular A-
133 "Audits of States, Local Government and Non - Profit Organizations." If the above amounts are not met by one
single funding agency, but rather any combination of funding agencies, then the appropriate reports shall be sent
to the Office of the State Auditor and to the Agency. Also, a corrective action plan for any audit findings and
recommendations must be submitted along with the audit report or within the period specified by the applicable
OMB Circular or Memorandum.
7. Payment Provisions:
The Agency reimburses the Grantee for actual allowable expenditures with the Agency retaining a minimum of ten
percent (10 %) of the Agency's funds until all required activities are completed and reports/deliverables are received and
accepted by the Agency. An allowable expenditure is defined as one associated with work performed to meet the
milestones that have been addressed during the specific reporting period. The Agency may withhold payment on
invoices when the Grantee fails to accomplish the milestones stated in Attachment C,
8. Invoices: The Grantee submits invoices to the Agency Contract Administrator at least quarterly. The final invoice must
be received by the Agency within 45 days after the end of the contract period.
Amended or corrected invoices must be received by the Agency's Office of the Controller within six months after the end
of the contract period. The Agency will not pay any invoice received more than 6 months after the end of the effective
period.
9. Contract Administrators: Each Party submits notices, questions and correspondence to the other Party's Contract
Administrator. The name, address, telephone number, fax number, and email address of the Parties' initial Contract
Administrators are set out below. Either Party may change the name, address, telephone number, fax number, or email
address of its Contract Administrator or Principal Investigator or Key Personnel by giving timely written notice to the other
Party.
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GRANT CONTRACT NO. 5239
Any changes in the scope of the contract which increase or decrease the Grantee's compensation are not effective until
approved in writing by the Agency's Head or Authorized Agent.
Agency Contract Administrator:
Joseph Fitzpatrick
NC DENR DEAO
1639 Mail Service Center
Raleigh, NC 27699 -1639
Telephone: 919- 707 -8121
Email: 'ose h.fitz atrick(@ncdenr.QOv
Grantee Contract Administrator:
Grantee Principal Investigator or Key personnel
Joe Suleyman .
SAME
New Hanover County
3002 US Highway 421 North
Wilmington, NC 28401
Telephone: 910-79 8-4403
Fax: 910- 798 -4408
Email: isuleyman@nhcoov.com
10. Grantee Principal Investigator or Key Personnel: The Grantee shall not substitute the Principal Investigator or
key personnel assigned to the performance of this contract without prior approval by the Agency Contract
Administrator.
11. Supplantation of Expenditure of Public Funds:
12. The Grantee assures that funds received pursuant to this Contract shall be used only to supplement, not to supplant, the
total amount of federal, state and local public funds that the Grantee otherwise expends for the New Hanover County
Mercury Products Recycling Grant services and related programs. Funds received under this Contract shall be used to
provide additional public funding for such services; the funds shall not be used to reduce the Grantee's total. expenditure
of other public funds for such services.
13. Disbursements: As a condition of this Contract, Grantee acknowledges and agrees to make disbursements in
accordance with the following requirements:
a. Implement adequate internal controls over disbursements;
b. Pre -audit all vouchers presented for payment to determine:
• Validity and accuracy of payment
Payment due date
• Adequacy of documentation supporting payment
• Legality of disbursement
c. Assure adequate control of signature stamps /plates;
d. Assure adequate control of negotiable instruments; and
e. Implement procedures to insure that account balance is solvent and reconcile the account monthly.
14. Outsourcing: The Grantee certifies that it has identified to the Agency all jobs related to the Contract that have been
outsourced to other countries, if any. Grantee further agrees that it will not outsource any such jobs during the term of
this Contract without providing notice to the Agency and obtaining written approval from the Agency Contract
Administrator prior to outsourcing.
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GRANT CONTRACT NO. 5239
15. Assurances For Non - Federally Funded Contracts: The GRANTEE certifies that with regard to:
1. Debarment And Suspension -To the best of its knowledge and belief that it and its principals:
(a) are not presently debarred; suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal, State, or local government agency;
(b) have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) have not within a 3 -year period preceding this application/proposal had one or more public transactions (Federal,
State, or local) terminated for cause or default.
2. Lobbying - To the best of his or her knowledge and belief, that.
(a) No Federal, State or local government appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal, State
or local government agency; a member of Congress, North Carolina's General Assembly or local government
body; an officer or employee of Congress, North Carolina's General Assembly or local government body, or an
employee of a member of Congress, North Carolina's General Assembly or local government body, in connection
with the awarding of any Federal, State or local government contract, the making of any Federal, State or local
government grant, the making of any Federal, State or local government loan, the entering into of any Federal,
State or local government cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal, State or local government contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal, State or local government appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency; a member of
Congress, North Carolina's General Assembly or local government body; an officer or employee of Congress,
North Carolina's General Assembly or local government body; or an employee of a member of Congress, North
Carolina's General Assembly or local government body in connection with the Federal, State or local government
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying" in accordance with its instructions.
3. Drun -Free Work Place Requirements - it will comply by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
(b) •Establishing a drug -free awareness program to inform employees about -
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
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GRANT CONTRACT NO. 5239
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the
statement required by paragraph (a) above;
(d) Notifying the employee in the statement required by paragraph (a), above, that, as a condition of employment
under the grant, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace Rio
later than five days after such conviction;
(e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2), above, from an employee
or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), above with
respect to any employee who is so convicted -
(1) Taking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs
(a), (b), (c), (d), (e), and (f), above.
4. Will comply with the provisions of the Equal Employment Practices Act set out in Article 49A of Chapter 143 of the North
Carolina General Statutes.
5. Will comply, as applicable, with the provisions of the Wage and Hour Act, Occupational Safety and Health Act of North
Carolina, Controlled Substance Examination Regulation, Retaliatory Employment Discrimination, Safety and Health
Programs and Committees, Workplace Violence Prevention, and other applicable provisions of Chapter 95 of the North
Carolina General Statutes regarding labor standards.
6. Will comply with all applicable requirements of all other federal, state and local government laws, executive orders,
regulations and policies governing this program.
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GRANT CONTRACT NO. 5239
16. Signature Warranty:
The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement.
N.C.G.S. §133 -32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from
anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any
response in this procurement, you (Grantee) attest, for your entire organization and its employees or agents, that you are
not aware that any such gift has been offered, accepted, or promised by any employees of your organization.
IN WITNESS WHEREOF, the Grantee and the Agency execute this agreement in two (2) originals, one (1) of which
is retained by the Grantee and one (1) of which are retained by the Agency, the day and year first above written.
NEW HANOVER COUNTY NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
John E. Skvarla, III, Secretary
By By
Grantee's Signatx Department Head's Signature or Authorized Agent
VN C3L 11 _ _Michael G. Bryant
Typ 1 Printed Name Type 1 Printed Name
/'
r'1 a- i10 b 00—YJ Ct' # SSiotlers Director Division of Purchase & Services
Title F Title
ORIGINAL
Page 6 of 6
General Terns and Conditions
Governmental Entities
May 1, 2011
DEFINITIONS
Unless indicated otherwise from the context, the following terms
shall have the following meanings in this Contract. All definitions
are from 9 NCAC 3M.0102 unless otherwise noted. if the rule or
statute that is the source of the definition is changed by the
adopting authority, the change shall be incorporated herein.
(1) "Agency" (as used in the context of the definitions
below) means and includes every public office, public
officer or official (State or local, elected or appointed),
institution, board, commission, bureau, council,
department, authority or other unit of government of the
State or of any county, unit, special district or other
political sub - agency of government. For other
purposes in this Contract, "Agency" means the entity
identified as one of the parties hereto.
(2) "Audit' means an examination of records or financial
accounts to verify their accuracy.
(3) "Certification of Compliance" means a report provided
by the Agency to the Office of the State Auditor that
states that the Grantee has met the reporting-
requirements established by this Subchapter and
included a statement of certification by the Agency and
copies of the submitted grantee reporting package.
(4) "Compliance Supplement" refers to the North Carolina
State Compliance Supplement, maintained by the State
and Local Government Finance Agency within the
North Carolina Department of State Treasurer that has
been developed in cooperation with agencies to assist
the local auditor in identifying program compliance
requirements and audit procedures for testing those
requirements.
(5) "Contract" means a legal instrument that is used to
reflect a relationship between the agency, grantee, and
sub- grantee.
(6) "Fiscal Year" means the annual operating year of the
non -State entity.
(7) "Financial Assistance" means assistance that non -
State entities receive or administer in the form of
grants, - loans, loan guarantees, property (including
donated surplus property), cooperative agreements,
interest subsidies, insurance, food commodities, direct
appropriations, and other assistance. Financial
assistance does not include amounts received as
reimbursement for services rendered to individuals for
Medicare and Medicaid patient services.
(8). "Financial Statement" means a report providing
financial statistics relative to a given part of an
organization's operations or status.
(9) "Grant" means financial assistance provided by an
agency, grantee, or sub - grantee to carry out activities
whereby the grantor anticipates no programmatic
involvement with the grantee or sub -grantee during the
performance of the grant.
(10) "Grantee" has the meaning in G.S. 143- 6.2(b): a
non -State entity that receives a grant of State funds
from a State agency, department, or institution but
Attachment A
DENR Contract 5239
does not include any non -State entity subject to the
audit and other reporting requirements of the Local
Government Commission. For other purposes in this
Contract, 'Grantee" shall mean the entity identified as
one of the parties hereto. For purposes of this
contract, Grantee also includes other State agencies
such as universities.
(11) "Grantor" means an entity that provides resources,
generally financial, to another entity in order to achieve
a specified goal or objective.
(12) "Non -State Entity" has the meaning in N.C.G.S. 143 -
6.2(a)(1): A firm, corporation, partnership, association,
county, unit of local government, public authority, or
any other person, organization, group, or governmental
entity that is not a State agency, department, or
institution.
(13) "Public Authority" has the meaning in N.C.G.S. 143 -
6.2(a)(3): A municipal corporation that is not a unit of
local government or a local governmental authority,
board, commission, council, or agency that (i) is not a
municipal corporation and (ii) operates on an area,
regional, or multiunit basis, and the budgeting and
accounting systems of which are not fully a part of the
budgeting and accounting systems of a unit of local
government.
(14) "Single Audit" 'means an audit that includes an
examination of an organization's financial statements,
internal controls, and compliance with the requirements
of Federal or State awards.
(15) "Special Appropriation" means a legislative act
authorizing the expenditure of a designated amount of
public funds for a specific purpose.
(16) "State Funds" means any funds appropriated by the
North Carolina General Assembly or collected by the
State of North Carolina. State funds include federal
financial assistance received by the State and
transferred or disbursed to non -State entities. Both
Federal and State funds maintain their identity as they
are sub - granted to other organizations. Pursuant to
N.C.G.S. 143- 6.2(b), the terms "State grant funds" and
"State grants" do not include any payment made by the
Medicaid program, the Teachers' and State Employees'
Comprehensive Major Medical Plan, or other similar
medical programs.
(17) "Sub- grantee" has the meaning in G.S. 143- 6.2(b): a
non -State entity that receives a grant of State funds
from a grantee or from another sub - grantee but does
not include any non -State entity subject to the audit
and other reporting requirements of the Local
Government Commission.
(18) "Unit of Local Government has the meaning in G.S.
143- 6.2(a)(2): A municipal corporation that has the
power to levy taxes, including a consolidated city-
county as defined by G.S. 16013-2(1), and all boards,
agencies, commissions, authorities, and institutions
thereof that are not municipal corporations.
Relationships of the Parties
Independent Contractor: The Grantee is and shall be deemed
to be an independent contractor in the performance of this
Contract and as such shall be wholly responsible for the work to
be performed and for the supervision of its employees. The
Grantee represents that it has, or shall secure at its own
expense, all personnel required in performing the services under
this agreement. Such employees shall not be employees of, or
have any individual contractual relationship with, the Agency.
Subcontracting: To subcontract work to be performed under
this contract which involves the specialized skill or expertise
of the Grantee or his employees, the Grantee first obtains
prior approval of the Agency Contract Administrator. In the
event the Grantee subcontracts for any or all of the services
or activities covered by this contract: (a) the Grantee is not
relieved of any of the duties and responsibilities provided in
this contract; (b) the subcontractor agrees to abide by the
standards contained herein or to provide such information as
to allow the Grantee to comply with these standards, and; (c)
the subcontractor agrees to allow state and federal authorized
representatives access to any records pertinent to its role as
a subcontractor.
Sub - grantees: The Grantee has the responsibility to ensure that
all sub - grantees, if any, provide all information necessary to
permit the Grantee to comply with the standards set forth in this
Contract.
Assignment: The Grantee may not assign the Grantee's
obligations or the Grantee's right to receive payment hereunder.
However, upon Grantee's written request approved by the
issuing purchasing authority, the Agency may:
(a) Forward the Grantee's payment check(s) directly to any
person or entity designated by the Grantee, or
(b) Include any person or entity designated by Grantee as
a joint payee on the Grantee's payment check(s).
Such approval and action does not obligate the State to anyone
other than the Grantee and the Grantee remains responsible for
fulfillment of all contract obligations.
Beneficiaries: Except as herein specifically provided otherwise,
this Contract insures to the benefit of and is binding upon the
parties hereto and their respective successors. It is expressly
understood and agreed that the enforcement of the terms and
conditions of this Contract, and all rights of action relating to such
enforcement, are strictly reserved to the Agency and the named
Grantee. Nothing contained in this document shall give or allow
any claim or right of action whatsoever by any other third person.
it is the express intention of the Agency and Grantee that any
third person receiving services or benefits under this Contract is
an incidental beneficiary only.
Attachment A
DENR Contract 5239
Indemnity
Indemnification: In the event of a claim against either party by
a third party arising out of this contract, the party whose actions
gave rise to the claim is responsible for the defense of the claim
and any resulting liability, provided that a party may not waive the
other party's sovereign immunity or similar defenses. The parties
agree to consult with each other over the appropriate handling of
a claim and, in the event they cannot agree, to consult with the
Office of the Attorney General.
Default and Termination
Termination by Mutual Consent: Either party may terminate
this agreement upon thirty (30) days notice in writing from the
other party. In that event, all finished or unfinished
documents and other materials, at the option of the Agency,
shall be submitted to the Agency. If the. contract is terminated
as provided herein, the Grantee is paid in an amount which
bears the same ratio to the total compensation as the
services actually performed bear to the total services of the
Grantee covered by this agreement; for costs of work
performed by subcontractors for the Grantee provided that
such subcontracts have been approved as provided herein; or
for each full day of services performed where compensation is
based on each full day of services performed, less payment of
compensation previously made. The Grantee repays to the
Agency any compensation the Grantee has received which is
in excess of the payment to which he is entitled herein.
Termination for Cause: If, through any cause, the Grantee
fails to fulfill in timely and proper manner the obligations
under this agreement, the Agency thereupon has the right to
terminate this contract by giving written notice to the Grantee
of such termination and specifying the reason thereof and the
effective date thereof. In that event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models,
photographs, and reports prepared by the Grantee , at the
option of the Agency, be submitted to the Agency, and the
Grantee is entitled to receive just and equitable
compensation for any satisfactory work completed on such
documents and other materials. The Grantee is not relieved
of liability to the Agency for damages sustained by the
Agency by virtue of any breach of this agreement, and the
Agency may withhold payment to the Grantee for the purpose
of set off until such time as the exact amount of damages due
the Agency from such breach can be determined.
Waiver of Default: Waiver by the Agency of any default or
breach in compliance with the terms of this Contract by the
Grantee is not a waiver of any subsequent default or breach and
is not a modification of the terms of this Contract unless stated to
be such in writing, signed by an authorized representative of the
Agency and the Grantee and attached to the contract.
Availability of Funds: The parties to this Contract agree and
understand that the payment of the sums specified in this
Contract is dependent and contingent upon and subject to the
appropriation, allocation, and availability of funds for this purpose
to the Agency.
Force Majeure: Neither party is in default of its obligations
hereunder if and it is prevented from performing such obligations
by any act of war, hostile foreign action, nuclear explosion, riot,
strikes, civil insurrection, earthquake, hurricane, tornado, or other
catastrophic natural event or act of God.
Survival of Promises: All promises, requirements, terms,
conditions, provisions, representations, guarantees, and
warranties contained herein shall survive the contract expiration
or termination date unless specifically provided otherwise herein,
or unless superseded by applicable federal or State statutes of
limitation.
Intellectual Property Rights
Copyrights and Ownership of Deliverables: Any and all
copyrights resulting from work under this agreement shall
belong to the Grantee. The Grantee hereby grants to the
North Carolina Department of Environment and Natural
Resources a royalty -free, non - exclusive, paid -up license to
use, publish and distribute results of work under this
agreement for North Carolina State Government purposes
only.
Compliance with Applicable Laws
Compliance with Laws: The Grantee understands and agrees
that is subject to compliance with all laws, ordinances, codes,
rules, regulations, and licensing 'requirements that are applicable
to the conduct of its business, including those of federal, state,
and local agencies having jurisdiction and/or authority.
Equal Employment Opportunity: The Grantee understands
and agrees that it is subject to compliance with all federal and
State laws relating to equal employment opportunity.
Confidentiality
Confidentiality: As authorized by law, the Grantee keeps
confidential any information, data, instruments, documents,
studies or reports given to or prepared or assembled by the
Grantee under this agreement and does not divulge or make
them available to any individual or organization without the prior
written approval of the Agency. The Grantee acknowledges that
in receiving, storing, processing or otherwise dealing with any
confidential information it will safeguard and not further disclose
the information except as otherwise provided in this Contract or
without the prior written approval of the Agency.
Oversight
Access to Persons and Records: The State Auditor and the
using agency's internal auditors shall have access to persons
and records as a result of all contracts or grants entered into
by State agencies or political subdivisions in accordance with
General Statute 147 -64.7 and Session Law 2010 -194, Section
21 (i.e., the State Auditors and internal auditors may audit the
records of the contractor during the term of the contract to
verify accounts and data affecting fees or performance), The
Contractor shall retain all records for a period of three years
Attachment A
DENR Contract 5239
following completion of the contract or until any audits begun
during this period are completed and findings resolved,
whichever is later.
Record Retention: The Grantee may not destroy, purge or
dispose of records without the express written consent of the
Agency. State basic records retention policy requires all grant
records to be retained for a minimum of five years or until all
audit exceptions have been resolved, whichever is longer. If the
contract is subject to Federal policy and regulations, record
retention may be longer than five years since records must be
retained for a period of three years following submission of the
final Federal Financial Status Report, if applicable, or three years
following the submission of a revised final Federal Financial
Status Report. Also, if any litigation, claim, negotiation, audit,
disallowance action, or other action involving this Contract has
started before expiration of the five -year retention period
described above, the records must be retained until completion of
the action and resolution of all issues which arise from it, or until
the end of the regular five -year period described above,
whichever is later.
Time Records: The Grantee will maintain records of the time
and effort of each employee receiving compensation from this
contract, in accordance with the appropriate OMB circular.
Miscellaneous
Choice of Law: The validity of this Contract and any of its terms
or provisions, as well as the rights and duties of the parties to this
Contract, are governed by the laws of North Carolina. The
Grantee, by signing this Contract, agrees and submits, solely for
matters concerning this Contract, to the exclusive jurisdiction of
the courts of North Carolina and agrees, solely for such purpose,
that the exclusive venue for any legal proceedings shall be Wake
County, North Carolina. The place of this Contract and all
transactions and agreements relating to it, and their situs and
forum, shall be Wake County, North Carolina, where all matters,
whether sounding in contract or tort, relating to the validity,
construction, interpretation, and enforcement shall be
determined,
Amendment: This Contract may not be amended orally or by
performance. Any amendment must be made in written form and
executed by duly authorized representatives of the Agency and
the Grantee.
Severability: In the event that a court of competent jurisdiction
holds that a provision or requirement of this Contract violates any
applicable law, each such provision or requirement shall continue
to be enforced to the extent it is not in violation of law or is not
otherwise unenforceable and all other provisions and
requirements of this Contract shall remain in full force and effect.
Headings: The Section and Paragraph headings in these
General Terms and Conditions are not material parts of the
agreement and should not be used to construe the meaning
thereof.
Time of the Essence: Time is of the essence in the performance
of this Contract.
Care of Property: The Grantee agrees that it is responsible
for the proper custody and care of any State owned property
furnished him for use in connection with the performance of
his contract and will reimburse the State for its loss or
damage.
Travel Expenses: All travel, lodging, and subsistence costs are
included in the contract total and no additional payments will be
made in excess of the contract amount indicated in above.
Contractor must adhere to the travel, lodging and subsistence
rates established in the Budget Manual for the State of North
Carolina.
( hftc: l /www.osbm.state.nc.us/files/pdf fileAudaetManual.pdfl
Sales /Use Tax Refunds: If eligible, the Grantee and all sub -
grantees shall: (a) ask the North Carolina Department of
Revenue for a refund of all sales and use taxes paid by them in
the performance of this Contract, pursuant to G.S. 105 - 164.14;
and (b) exclude all refundable sales and use taxes from all
reportable expenditures before the expenses are entered in their
reimbursement reports.
Advertising: The Grantee may not use the award of this
Contract as a part of any news release or commercial
advertising.
Recycled Paper: The Grantee ensures that all publications
produced as a result of this contract are printed double -sided on
recycled paper.
Sovereign Immunity: The Agency does not waive its sovereign
immunity by entering into this contract and fully retains all
immunities and defenses provided by law with respect to any
action based on this contract.
Gratuities, Kickbacks or Contingency Fee(s): The parties
certify and warrant that no gratuities, kickbacks or contingency
fee(s) are paid in connection with this contract, nor are any fees,
commissions, gifts or other considerations made contingent upon
the award of this contract.
Lobbying: The Grantee certifies that it (a) has neither used
nor will use any appropriated funds for payments to lobbyist;
(b) will disclose the name, address, payment details, and
purpose of any agreement with lobbyists whom the Grantee
or its sub -tier contractor(s) or sub - grantee(s) will pay with
profits or non- appropriated funds on or after December 22,
1989; and (c) will file quarterly updates about the use of
lobbyists if material changes occur in their use.
By Executive Order 24, issued by Governor Perdue, and N.C.
G.S.§ 133.32: It is unlawful for any vendor or contractor ( i.e.
architect, bidder, contractor, construction manager, design
professional, engineer, landlord, offeror, seller, subcontractor,
supplier, or vendor), to make gifts or to give favors to any State
employee of the Governor's Cabinet Agencies (i.e.,
Administration, Commerce, Correction, Crime Control and Public
Attachment A
DENR Contract 5239
Safety, Cultural Resources, Environment and Natural Resources,
Health and Human Services, Juvenile Justice and Delinquency
Prevention, Revenue, Transportation, and the Office of the
Governor). This prohibition covers those vendors and
contractors who:
(1) have a contract with a governmental agency; or
(2) have performed under such a contract within the past
year; or
(3) anticipates bidding on such a contract in the future.
For additional information regarding the specific requirements and
exemptions, vendors and contractors are encouraged to review
Executive Order 24 and G.S. Sec. 133-32.
Executive Order 24 also encouraged and invited other State
Agencies to implement the requirements and prohibitions of the
Executive Order to their agencies. Vendors and contractors
should contact other State Agencies to determine if those
agencies have adopted Executive Order 24."
Attachment B
DENR Contract 5239
Mercury Products Recycling Grant Program
APPLICATION GUIDELINES
N.C. Department of Environment and Natural Resources
Division of Environmental Assistance and Outreach
The purpose of this grant program is to assist local governments in developing, expanding and implementing
recycling programs for products containing mercury with particular emphasis on increasing the number of
collection sites for fluorescent lights and mercury thermostats. The Division of Environmental Assistance and
Outreach will administer the Mercury Products Recycling Grant Program through the Solid Waste Management
Trust Fund with funding assistance from the Division of Waste Management Mercury Switch Program as
provided by NCGS 130A- 310.54.
With the release of these application guidelines, DEAO is accepting applications for grant funding from
municipalities, counties and solid waste authorities to implement programs collecting and recycling mercury
containing products from the public. Applicants should carefully read this entire document prior to
submitting an application. Applicants are strongly encouraged to contact Sandee Roof at (919) 707 -8116 or
sandee.roof ncdenr. ov to discuss application requirements and funding options prior to submitting an
application.
Eligible Entities:
North Carolina counties, municipalities and solid waste authorities are eligible for funding through the Mercury
Products Recycling Grant Program.
Available Funding:
The Division of Environmental Assistance and Outreach (DEAD) plans to offer grants through the Mercury
Products Recycling Grant Program on an ongoing basis for the duration of the funding availability. Approved
applications will generally be funded in the order in which they were received. Contracts will only be initiated
once all application requirements are met. In the event that funding is not available when an application is
submitted, DEAO will place applicants on a waiting list in the order in which they were approved and initiate
the contract as soon as funds become available. There is no due date for applications.
Program Options:
The Mercury Products Recycling Grant Program seeks to assist local governments with funding to increase the
recycling of mercury- containing products. Programs must accept, at no cost, fluorescent lights and thermostats
from the public at a minimum of one location that is open at least five (5) days a week on an ongoing basis.
Mercury - containing products generated from government facility operations, public schools, and /or commercial
sources are not eligible for grant support. Funding will be available for programs as follows:
1. Funding for New Stand -Alone Ongoing Mercury Products Collection Program: Funding is
available for local governments to establish an ongoing mercury product recycling program separate
from current HHW program. New programs must accept at no cost fluorescent lights and mercury
thermostats from the public at least five (5) days a week at a minimum of one location. New
programs may accept and manage fluorescent lights from commercial sources and/or government
facilities, but grant support is not available to assist with the recycling costs of managing mercury
products collected by these efforts.
2. Funding to support HHW program based collection of mercury containing products: Funding
is available to assist local governments with the collection of mercury- containing products through
regularly scheduled HHW collection programs with the condition that the governments also
establish an ongoing, stand -alone program for the collection of fluorescent lights and mercury
thermostats at no cost from the public at least five (5) days a week at a minimum of one location.
Revised July 2012
Attachment B
DENR Contract 5239
Examples of Fundable Activities:
Grant Support for New Programs, Temporary and/or Permanent Programs:
To qualify for funding, a program must be established that is accessible to the public at a minimum of
one Iocation for at least (5) days per week year round. Funding is available for the following program
elements:
g storage buildings (e.g., sheds)
• storage containers for receiving materials at collection sites (e.g., deck storage boxes)
• program materials and packing supplies
• signs
• fluorescent light and thermostat recycling costs (Program Option 1)*
• support for HHW efforts to collect mercury products (Program Option 2) **
• thermostat collection box
• mercury spill kit
• education and outreach / program promotional expenses
• mercury thermometer exchange
*Funding for recycling costs of fluorescent lamps and tubes accepted by new stand -alone ongoing
mercury product recycling programs will be Iimited to and cannot exceed $500.00 per grant award.
* *Funding is for the management of mercury products collected through HHW programs and will be
limited to and cannot exceed $5000.00 per grant award.
PIease note: Drum -top bulb crushers are not eligible for Mercury Products Recycling Grant
Program funding.
Other General Requirements:
1. Fluorescent Lights from Public Buildings — Each applicant must demonstrate a recycling program
exists for fluorescent lights and mercury containing thermostats generated at local government -owned
buildings,,
2. Thermostat Recycling — Each applicant must establish mercury containing thermostat recycling
program or include the implementation of such a program as part of their grant proposal in order for
their grant application to be considered. For information on thermostat recycling programs visit:
hU : / /www.thermostat- recycle.ora.
3. New Stand -Alone Ongoing Mercury Product Collection Program — Fluorescent lights collected
through a newly established recycling program using grant funds must be sent to one of the approved
vendors listed in Term Contract 926B if the applicant is seeking reimbursement of recycling costs
associated with fluorescent lights. http:// www. doa.state.nc.us/PandC /926.pdf,.
4. Recycling Reimbursement Costs — Documentation will be required on all mercury products collected
when seeking reimbursement for recycling costs associated with materials collected by stand -alone
programs or for materials managed by HHW programs. Copies of invoices or manifests must be
submitted to DENR with requests for reimbursement. Other reasonable expenses associated with
materials collected by HHW programs must be detailed in the HHW Disposal/Recycling Expense
Form. For a copy of this form, contact Sandee Roof at (919) 707 -5 116 or sandee.roofamcdenr.gov.
Submitted expenses will be reviewed prior to reimbursement.
5. Recurring Eligibility — To ensure that sufficient funds are available for all local governments, priority
will be given to first time applicants. However, previous grant recipients are eligible to reapply if they
Revised July 2012
Attachment B
DENR Contract 6239
have exhausted all originally awarded funding and have completed all other requirements in their grant
contract.
6. Retroactive Costs — NC Department of Environment and Natural Resources (DENR) grant making
rules do not allow for retroactive reimbursement of costs. Any purchases made prior to the grant
contract being signed by both DENR and the local government will not be reimbursed. It is estimated
that grant contracts would be in place approximately two months after a grant is formally awarded.
7. Universal Wastes: Fluorescent lights and mercury thermostats are universal wastes. Collection, storage
and transportation of these materials must comply with the Universal Waste Regulations as set forth in
15A NCAC 13A.0119. For more information contact Labeed Kady, Division of Waste Management,
Hazardous Waste Section, at (919) 707 -8229 or labeed.kad ncdenr. ov.
8. A licant must be in good standing with DENR:
a. Applicants with delinquencies on existing DEAO grants (e.g., failure to submit final report) will
not be considered for funding until such delinquencies are corrected.
b. All applicants selected for funding will undergo a compliance review to ensure that they do not
have any outstanding Notices of Violation (NOV) or Notices of Deficiency (NOD) related to
North Carolina solid waste management rules and statutes. Outstanding NOV/NODs must be
corrected to the satisfaction of the N.C. Division of Waste Management prior to any grant being
awarded. Applicants with outstanding NOV/NODs are responsible for providing DEAO with
information indicating that they are in compliance and that NOV/NODs have been corrected
before a grant contract can be initiated.
c. Applicants that have failed to complete and submit the required Local Government Solid Waste
and Materials Management Annual Report will not be considered for funding
d. As a condition of grant award, DEAO may work with applicants to revise initially submitted
proposals before entering into a contract. Any changes to initial proposals must be approved by
DEAO and the applicant, and the resultant final grant application will become an attachment to
the Grant Contract.
Contract Period:
The contract term for grant contracts initiated under this program will be one year. The applicant must expend
funds and submit a final report within the contract period unless the time is extended by written agreement .
between the applicant and DENR. Requests for no -cost time extensions must be submitted to the division at
least 60 days prior to the contract expiration date. Funds not expended by the end of year one will be forfeited.
Mercury Products Recycling Grant Program Application Requirements:
The following information outlines the mandatory components of the application. Please follow this format.
1. Contact Information including:
s Name and title of main contact
• Organization
Address
s Telephone and fax numbers
E -mail address
• Federal Tax Identification Number
2. Management of Bulbs from Public Buildings: Provide information on established recycling
program for fluorescent lights and mercury containing thermostats from local government owned
buildings. Include vendor information.
3. Program Option and Description: Specify whether you are seeking grant support for Option I - the
establishment of a New Stand -Alone Ongoing Mercury Products Collection Program or Option 2 —
t,
Revised July 2012
Attachment B
l3ENR Contract 5239
the collection of mercury- containing products through a Temporary and /or Permanent HHW
Program including the establishment of a stand -alone collection program. Provide a detailed
description of your plan for implementing your program including information on the service
provider, collection method and frequency, program hours and availability and the name of your
recycling processor. Full disclosure of fees for all mercury products collected must be presented in
program description.
4. Materials Collected: List specific mercury containing products to be collected.
5. Measurement Plan: A brief description of your plans to track the mercury products collected.
6. Public Outreach Plan: A detailed description of your plan should include increased local education
and public outreach efforts for recycling of fluorescent lights and mercury thermostats. Programs
must register their collection sites with www.earth9l 1.
Local governments are encouraged to develop local partnerships with electric utilities such as Duke
Energy, electrical cooperatives and/or local retailers for the collection of bulbs. Include plans for
distributing educational materials, a list of methods that will be used to educate the community about
the program and how program participation will be promoted. If available, please provide examples
of any educational brochures, flyers or mailers which you plan to use. DEAO staff is available to
provide feedback on and assistance with the development of program brochures and educational and
promotional materials.
7. Implementation Timeline.
8. Program Budget: Use the included sample budget format for both Option 1 - New Stand -Alone
Ongoing Mercury Products Collection Program and Option 2 - Temporary and Permanent HHW
Programs.
Sample Budget FY 20XX/XX (program items are for illustration only)
Quantity
Item
DEAO Funding
1
Storage shed
$1,000
3
Storage containers (e.g., deck storage boxes)
$300
Program materials and packing supplies
$150
3,000
Recycling cost for 4 foot fluorescent tubes using Term
Contract 926B (cost would cover 2,000 compact
fluorescent lamps, or combination of both.) Up to
$500.00
$480
Sign(s)
$250
Brochures and various educational materials
needed for public outreach plan
$350
1
Mercury Spill Kit
$50
1
Thermostat Collection Box
$25
Support for HHW efforts to collect mercury products
(only necessary if seeking grant program support of
HHW efforts) Up to $5000.00 —Note: this line item is
only a licable under Option 2 funding
$3200
Total Project Expenditures
$5805
rl
Revised duly 2012
Attachment B
DENR Contract 5239
NOTE: Any expenses incurred before a contract is signed by both DENR and the grant recipient are not
reimbursable.
How to Submit Analications:
Applicants must submit an electronic copy of their proposal. Receipt of all proposals will be acknowledged by
e -mail or other correspondence. Submit electronic versions to sandee.roofAncdenr.gov. Please submit
electronic versions as Microsoft Word document.
Other General Terms and Conditions:
In addition to any terms and conditions addressed at the following link
http:// portal. ncdenr. org / web /deao /regycling/lg/financial- assistance. All grantees are subject to the following
terms and conditions:
EIN and NC E- Procurement Registration — Grantees will be required to provide the local
government's EIN (Federal ID number) and to register with the state's NC E- Procurement system
before a contract can be initiated. You may register for NC E- Procurement using the following link:
http://eprocurement.nc.gov/
• Publications — Documents and publications associated with a grant contract should submitted
electronically, though if printed must be printed double -sided on recycled paper containing at least 30
percent post - consumer content.
• Final Reports — a draft final report is required to be submitted to DEAO at least 30 days prior to the
contract end date; and a final report is required to be submitted by the contract end date. Final Reports
should be submitted electronically. If submitted by hard copy, all hard copies submitted should be
double -sided and on recycled paper as stated above. The final report format will be provided by the
assigned grant administrator.
• Extensions — No -cost time extensions are possible but not guaranteed for grant contracts. Grantees
seeking no -cost time extensions must submit a request for a time extension at least 60 days prior to the
contract end date. The request for extension must indicate how long the grantee is seeking to extend the
project and the reason that the extension is being requested (i.e., why the project cannot be completed on
time). Any request for an extension must include a new timeline of project milestones and payments, as
well as a new budget (if budget changes are also being requested).
• Reimbursement — Distribution of DEAO grants funds is on a reimbursement basis. Requests for
reimbursement must include proof that the funds were spent and must have the term "invoice" clearly
stated on the request. Checks are usually issued between 15 and 30 days after a reimbursement request
is received by DEAD.
Please note that North Carolina State and Local Sales Taxes paid by grantees will not be counted
towards project expenditures that are eligible for reimbursement.
• Final 10 Percent of Funds — DEAO will continue to reimburse grantees until 90 percent of the award
amount has been expended. The final 10 percent of funds will be held until an acceptable final grant
contract report has been received by DEAD.
Revised July 2012
December 18, 2012
Ms. Sandee Roof
NC DEAO
1639 Mail Services Center
Raleigh, NC 27699 -1639
Dear Ms. Roof:
Attachment C
DENR Contract 5239
Please accept this letter and attached documents as a request for New Hanover County to participate in the
NCDENR Division of Environmental Assistance and Outreach Grant Program for the recycling of Mercury
Containing Lamps and Thermostats. This application is for Program Option 2 Funding — for the collection of
mercury- containing products through a permanent Household Hazardous Waste (HHW) Program including the
establishment of a stand -alone collection program.
New Hanover County currently has only one day per year for collection of HHW. We would like to use this grant
funding to establish a permanent ongoing program for the collection of HHW and mercury- containing products.
Thank you for consideration of our grant application. Please let me know if you have any questions or require
additional information to facilitate your review of our proposed program.
Sincerely,
Joe Suleyman
NHC Environmental Management Director
Attachments: Grant application
Certificates of Recycling (3)
Waste Collection Logs (2)
Educational Flyer
Attachment C
DENR Contract 5239
New Hanover County Application for Mercury Products Recycling Grant Program
Request for Program Option 2 Funding
1. Contact Information:
• Joe Suleyman, New Hanover County Environmental Management Director
• New Hanover County Environmental Management Department
• Address:
3002 U.S. Highway 421 North
Wilmington, NC 28401
Phone: (910) 798 -4403
Fax: (910) 798 -4408
• Email Address: jsuleyman @nhcgov.com
Federal Tax Identification Number: 56- 6000324
• Alternate Contacts:
Lynn Bestul, Solid Waste Planner /Recycling: Phone: (910) 798 -4410, email: Ibestul @nhcgov.com
Kim Roane, Business Officer, Phone: (910) 798 -4402, email: kroane @nhcgov.com
2. Management of Bulbs from Public Buildings:
In accordance with North Carolina General Assembly Session Law 2010 -180, House Bill 1766, the New Hanover
County Property Management Department has an established program for recycling all fluorescent bulbs from
county buildings. Waste bulbs are recycled using a bulb crusher that uses a vacuum system with triple filtration,
including a primary and secondary HEPA filter and heavy -duty charcoal filter. Technicians recycle waste bulbs
in well- ventilated areas, adorn protective gear, and must go through mandatory training in order to be certified to
use the equipment. They use 55- gallon drums, and when full, they are picked up by AirCyie for recycling.
Please see attached certificates of recycling for this program.
3. Program Option and Description:
The New Hanover County Department of Environmental Management is seeking grant funding for Program
Option 2 — the collection of mercury- containing products through a permanent Household Hazardous
Waste (HHW) Program including the establishment of a stand -alone collection program. The HHW/
Mercury Products Collection Program general program description follows:
NEW HANOVER COUNTY
ENVIRONMENTAL MANAGEMENT DEPARTMENT
HHWI MERCURY PRODUCTS COLLECTION PROGRAM
General Program Description
• Operations:
o The New Hanover County Environmental Management Department will establish a
residential Mercury Products Collection Program as part of an overall Household
Hazardous Waste (HHW) collection program. Residents may, at no charge, drop off
Attachment C
DENR Contract 5239
HHW items (listed in item #4 below), including mercury- containing devices and lamps, for
proper disposal and recycling. Commercial materials will not currently be accepted.
New Hanover County has applied for a permanent HHW collection and modification to
the Solid Waste Permit Permit P65 -05i for the Wastec Facility located at 3002 U.S.
Highway 421 North, Wilmington, NC. The modification request was sent to Geof Little on
January 28, 2013. A copy of the letter is attached. Mr. Little was contacted for a status
on 3/11113, and he confirmed that he would be sending an email authorization of the
permit approval to us this week.
Initially, the collection and storage site for this program will be at 3002 U.S. Highway 421
North, in a covered area adjacent to the department's administration building. Roof
repairs are needed to eliminate leakage, and will be completed as soon as funds are
available. The program may possibly be moved to the landfill in the future, but will always
be housed in a sheltered area to protect the materials. The existing structure may be
moved since it is not permanently attached to the adjacent building. Hours of operation
will be M -F from 10:00 a.m. — 2:00 p.m., and Saturday from 8:00 a.m. — noon.
An employee will be on site during all operational hours to oversee the collection site,
receive the materials, provide assistance to customers, count and inventory items
received and ensure proper storage in appropriate containers.
■ Training & Emergency Response:
o Staff will be trained in the proper handling and storage of materials, as well as in spill
containment and emergency decontamination procedures. Materials for cleaning up
spills, including mercury spills, will be readily accessible in the storage facility. An
eyewash station and emergency shower will be installed for use in decontamination.
Personal Protective Equipment (PPE) will be provided to employees for their safety.
• Collection of materials:
o Carts with spill containment edges will be provided for employees to roll to the customer's
vehicle to collect materials. PPE shall be worn by employees for safety during collection
of materials. Lamp bulbs must be whole and unbroken, and may not be taped together.
Packaging and Storage:
• Containers for storage of hazardous materials shall be structurally sound and appropriate
to the material to be stored. For example, 55 gallon fiber barrels may be used for 4'
fluorescent lamp bulbs, steel 55 gallon drums may be used for lamp ballasts, pallets and
cardboard boxes stored on pallets may be used for 8' fluorescent lamp tubes
• Storage containers must be properly and clearly labeled to identify the contents.
• Containers shall be kept closed unless actively being filled.
• Containment shelving will be available for storage of materials awaiting disposition.
• Stainless steel tables will be located in the facility for work surfaces.
• Plastic tubs will be used for storage of some smaller items.
• Universal waste lamps must be handled and packaged in a manner that prevents release
of any universal waste or component of universal waste into the environment. Items
must be packaged in containers or packages that are structurally sound, adequate to
prevent breakage, and compatible with the contents. Containers and packages with
universal waste lamps must be labeled or marked clearly with one of the following
phrases as appropriate: "Universal Waste Lamps" or "Waste Lamps" or "Used Lamps."
Items may be stored on site only up to one (1) year.
e Recycling:
o To recycle fluorescent lamps, ballasts and other mercury- containing devices, New
Hanover County (NHC) will partner with an approved vendor under State Contract 926b,
directly. We will use Cleanlites as our contractor, and will purchase the 4' and 8'
cardboard boxes and 5 gallon poly -pails from them for containers. A bid award was just
made and a contract executed with EcoFlo to provide the other HHW recycling and
Attachment C
DENR Contract 5238
disposal services to New Hanover County, but they will not be utilized for the lamp
recycling.
Lights containing mercury collected by our HHW collection program will be handled
separately from the bulbs collected from our public facilities.
NHC has partnered with the Thermostat Recycling Corporation (TRC) for the recycling of
waste thermostats containing mercury. Bins are shipped from TRC to NHC for collection
of thermostats. Full bins are shipped to TRC for recycling.
Management of Thermostats and Mercury Containing Devices (MCD):
• MCD's are defined as thermostat switches which contain an ampule of mercury as a
functioning part of the device. These are often automotive switches. The devices must
be received with the ampule intact so that the mercury is not released into the
environment.
• Thermostats will be accepted and recycled.
• Thermometers or other mercury containing devices will be accepted.
4. Materials Collected/ HHW items accepted:
• Mercury Thermostats and Mercury- containing devices (including thermometers)
• Lamps containing mercury (unbroken)
• Batteries
• Solvents
• Pesticides, herbicides, fertilizers
• Household cleaners
• Aerosols
• Acids
• Caustic materials (i.e., drain cleaner, lye, borax, etc.)
• Cooking oil
• Motor oil
• Fuels
• Antifreeze
• Paint
• Smoke detectors
• Sharps
• Electronics
5. Measurement Plan:
Items collected will be counted and logged for inventory control purposes. A new log will be used for
each month; the monthly counts will be combined for annual report purposes. Logs will be used to
reconcile each invoice prior to payment.
6. Public Outreach Plan:
• Education and promotional materials will be utilized to increase public awareness about the proper
disposal and recycling of hazardous materials, including mercury and other universal waste. It is
particularly desirable to make collection of these materials easy and convenient for the public to avoid
disposal in the solid waste stream, otherwise impacting the landfill and the environment.
Promotional advertising will be used to publicize the new service to residents and to educate them about
the need for elimination of hazardous materials from the landfill and the proper disposal and recycling of
appropriate materials. The County's government television channel will be used to inform the public and
promote the program's convenient six day /week operational hours. A media/press release will be issued
to announce the new program and encourage participation.
Attachment C
DENR Contract 5239
• The new program will be added to the NHC Environmental Management Department's webpage for
public information.
• Program availability and location of the collection site will be registered at www.earth911.org to facilitate
public access.
7. Implementation Timeline:
It is the intention of the New Hanover County Environmental Management Department to begin
preparation for and implementation of this program immediately upon receiving notification of a grant
award. The grant contract will have a one year term from April 29, 2013 to April 28, 2014.
Grant Award April 29. 2013
Permit Finalized /Collection Program Initiated May 15, 2013
Final Report _____ April 28, 2014
Attachment C
DENR Contract 5239
8. Program Budget:
Mercury Recycling Program Budget
Item
Cost
Total
Dis oral /Rec ciin :
Lamps/bulbs
2000.0
Thermostats 1 box
25.00
2025.00
Program Supplies:
Mercury Spill Kit
175.00
55 Gallon Fiber Drums bulbs - 20
120.00
Storage Boxes 4' and 8' - 60
300.00
5 Gallon Poly Pails 6
75.00
Table (sorting and labeling)
250.00
PPE loves, aprons, boots
150.00
Carts — vehicle collection - 2
540.00
1610.00
Repair Services:
Roof Repair
1790.00
1790.00
Education/Outreach:
Advertisin IBrochureslSi ns
800.00
800.00
Total
1
6225.00
Other Terms and Conditions:
t New Hanover County is enrolled with the State's NC E- Procurement system
• This document and Attachments are being sent electronically to avoid printing.
• A Final Report will be forwarded to NC DEAD electronically at least 30 -days prior to the contract end
date.
Reimbursement conditions have been read and are understood.
Attachment C
DENR Contract 5239
January 28th, 2013
Mr. Geoffrey H. Little
Solid Waste Section
NCDENR Division of Waste Management
217 West Jones Street
1646 Mail Service Center
Raleigh, North Carolina 27699 -1646
RE: New Hanover County Waste -to- Energy Facility, Permit P65 -05i
Request to Implement Permanent Six Day /Week Household Hazardous Waste
Collection
Dear Mr. Little:
The New Hanover County Department of Environmental Management (NHCDEM) intends
to establish a permanent Household Hazardous Waste (HHW) collection facility during the
late winter or early spring of 2013. The HHW collection site will initially be set -up at the
New Hanover County Waste -to- Energy (WTE) facility (Permit P65 -05i). HHW will he
collected six (6) days per week
Implementing a permanent HHW collection program will benefit the citizens of New
Hanover County and also allow staff to divert dangerous materials from entering the
landfill. Household hazardous and electronic wastes will be accepted free of charge from
County residents. Implementation of the HHW program aligns with New Hanover County's
goal of increased sustainability.
The HHW Facility's objective is to provide safe disposal of HHW in a way that protects
employees at waste disposal sites, minimizes the potential of contaminated groundwater
from waste disposal sites, prevents damage in sewer systems and treatment plants, and
prevents pollution of storm water.
Attachment C
DENR Contract 5239
Please find attached a facility HHW Operations Plan, including contingency, per your email
request dated January 11th, 2013. If you have any questions or need further information
please contact me at 910 - 798 -4403 or email jsuleyman @nhcgov.com.
Sincerely,
Joe Suleyman
Environmental Management Director
Cc: Wes Hare, NCDENR Solid Waste
Sam Hawes, Landfill Manager
Lynn Bestul, Solid Waste Planner
Andy Mulvey, Environmental Specialist
File
Attachment C
DENR Contract 5239
R. C Y C T, F 800..90.9709
C O A P O A A T t O N www.AirCycle.com
CERTIFICATE OF RECYCLING
This ceffm that the materials received were new by AERC
under contract with Air Cycle Corporation. This also certifies that the disposal of the material
was performed in accordance with local, state, and federal regubdons.
Items Received and Recycled
DESCRIPTION QUAPMTY
55 Gallon Drum Crushed Lamps 976 lbs
Cardficslioe Issued too:
organization: New Hanover Cotmty Property
Address: 208 Division Dr
City, &VW, Zijo: W1k ftbon, NC, 28401
Per our Contract wM the aforementmad dwstlnatlon fecilkr,
the above meledeis have been received and procused.
At GyGa corpw~
Pr+eddert 61211'2012
>M DM�&
176070
CERTIFICATE NUMBER
Attachment C
DENR Contract 5239
-014�4�
A T R C Y C. L E 500 =909 =9709
C Q A P Q R A T f O N www.AirCycle.com
CERTIFICATE OF RECYCLING
This certifies that the materials received were r"ded by AERC
under contract with Air Cyde Corporation. This also certifies that the disposal of the material
was performed in accordancae with local, state, and federal regulations.
Items Received and Recycled
DESCRIPTION QUANTITY
55 Ga1lon Drum Cra" Lamps 959 Is
IHM any watt 53 Sa
organizabon: Now I- aoovar County ftwrty
Add►ew. 208 Division Dr
City, State, Zip. WilmingM NC, 28401
Per our contract with the aforementioned destination faduty,
the above mrWals have been rewhmd end pmeeaead.
President 1/12/2012
Ar C" AorpwaVW TAb Dste
167576
CERTIFICATE NUMBER
Attachment C
DENR Contract 5239
CERTIFICATE OF RECYCLING
Issued To: NEW HANOVER COUNTY PROPERTY
208 DIVMON DRIVE
WILM NGTON, NC 28401
Docament No.
Received Date:
178626
09115111
WO#:
Process Date:
178626
09/29/11
Description of Waste: CRUSHED - (2) 55GAL DRUMS -1044 LBS
AERC.com,1NC. (dba AERC Recycling Soludons) certifies acceptance of the matcrW referenced on this
document. The maternal bas been recycled in accordance with United States E.nvhmnental Protection
Agency and Commonwealth of Pennsylvania Department of Environmental Protection
waste management regulations.
I cemfy that the information contained in or accompanying this document is true, accurate
and complete as to the idend ication of the materials receivoed from the waste generating
company and the processing of the waste in accordance with United&aies Environmental
Protection Agency and Commonwealth of PennV vania Deepwiment of Environmental Protection
waste management regulations.
Name: ;n" Tahe: Branch Manager
Signattm Date: 09/29111
2591 Mitchel] Avenue -Allentown, PA. 181031 Tel: U0.797.76081 Fax; 610.797.7696
CE www.aenzecycling.com
Attachment C
' New Hanover County
Environmental Management
Hazardous Household Waste Collection
We are now accept ."fim h, Azardous waste 6
.pl �ng
days'i aWeek. ThIlk 6 all residents of
n r Coy.r
Items Collected
DroR-O Mercury Thermostats. and Mercury
7)
Days & Times Containing Devic"' Including
Cher im
i6meters)
Monday - Friday P'FLs". and: Lamps Co-nWnip - g Mercury
ercury
I Oarn - 2prn (rilcit. 1aped::togethe.r, or-broken)-
s atu rdaysat rtes.
So
.. .;
8am - 12prn
ldes�, Herbicides. Fertill' 'm
Me.
(except Holidays)
• Household Cleaners
• Aerosois
Drop-Off Acids
s
Location Caustic:Matati"al.-S!-.r,(i.e. Dranoi'., lye,
ALL ITEMS MUST BE CLEARLY LABELED
Borax)
NHC Environmental
• Cooking Oil & Motor Oil (and oil filters)
Management Dept
duels -
Admin Office
3002 Hwy 421 N
i. fre ezn
Wilmington, NC 28401
• Paint
(adjacent to WASTEC
*',
Smoke Detectors
Facility)
(910) 798-4400
EIOCtr—D inics
ALL ITEMS MUST BE CLEARLY LABELED
Attachment C
0 tom *� DENR Contract 5239
Month
r New Hanover County Environmental Management
Y
�= Mercury Waste Log, Year
f
o
1
i
i
i
i
i
i
Attachment C
DENR Contract 5239
New Hanover County Environmental Management Month
Household Hazardous Waste Log Y�r
Quantity
_
iq. � � i �. f t.
*d' �
'#= � }�.� � " + s �..:
! y � .�ip'R
y�. �N.• Y t' �A, e�.�S� f`+�.11