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FY17 Env Mgt NCDQ Mercury grant GR NO 6904Environmental Quality June 9, 2016 Ms. Kim Roane New Hanover County 3002 U.S. Highway 421 North Wilmington, NC 28401 Dear Ms. Roane: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Enclosed is a fully executed copy of Contract No. 6904 between the North Carolina Department of Environmental Quality, formerly the Department of Environment and Natural Resources, and New Hanover County for the Mercury Products Recycling Project. Invoices or matters regarding work to be performed should be directed to the Contract Administrator, Joseph Fitzpatrick as indicated on page three (3) of the contract document. Please include Contract No. 6904 on each invoice submitted for payment. Should you have any questions regarding the contract, you may contact Purchasing Agent Marjorie Barber at (919) 707 -8539. Sincerely, Tommy Kirby Purchasing Director Financial Services Division Purchase and Contract Section Enclosure cc: Joseph Fitzpatrick, DEQ Division of Environmental Assistance and Customer Service Jackie J. Moore, DEQ Office of the Controller Nothing Compares; State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699 -1601 919 - 707 -8600 STATE OF NORTH CAROLINA COUNTY OF WAKE GRANT CONTRACT NO. 6904 GRANTEE'S FEDERAL IDENTIFICATION NUMBER: ° ='"` "0324 This Contract is hereby made and entered into this 15t DAY OF JULY, 2016, by and between the NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY (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. 6904 (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) (5) Iran Divestment Act Certification (Attachment D) 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 July 1, 2016 and shall terminate on June 30, 2019. 4. Project Period: The Grantee shall begin the project on July 1, 2016. The Grantee shall undertake and complete the project in a sequence that assures expeditious completion in light of the purposes of this agreement. Grantee shall complete the project on June 30, 2019. 5. Grantee's Duties: The Grantee shall complete the project as described in Attachment C, New Hanover County, Mercury Products Recycling Project and in accordance with the approved budget in Attachment C, as well as meeting the Other General Terms and Conditions of the Agency's Division of Environmental Assistance and Customer Service's 2016 Mercury Products Recycling Request for Proposal (Attachment B). 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 TWENTY THOUSAND DOLLARS (1520,000.00). This amount consists of: Type of Funds Funding Source _ CFDA No Appropriations NC General Assembly N/A Page 1 of 7 GRANT CONTRACT NO. 6904 Accounting Code Information: Dollars _ GL Company GL Account GL Center $20,000.00 1602 536961 6760 [ X ] a. There are no matching requirements from the Grantee. [ J b. There are no matching requirements from the Grantee; however, the Grantee has committed the following match to this project: [ ] c. The Grantee's matching requirement is $, which shall consist of: In -Kind $ Cash _ $ Cash and In -Kind $ Other i Specify: $ [ ] c. The Grantee's matching requirement is $, which shall consist of: [ ] d. The Grantee has committed to an additional $ to complete the project as described in Attachment C. The Grantee warrants contributions from the Grantee shall be sourced from non - federal funds. The total contract amount is $20,000.00 7. Reversion of Unexpended Funds Any unexpended grant funds shall revert to the Agency upon termination of this Contract. 8. Reporting Requirements: Pursuant to 09 NCAC Subchapter 03M, a Grantee that receives State funds shall maintain, for inspection by the Office of the State Auditor, reports and accountings that support the allowable expenditure of State funds. The Grantee shall also abide by the following reporting thresholds: (1) a Grantee receiving less than $25,000 shall also include a certification and accounting, completed by the Grantee Board, stating that the funds were received and used for the purpose in which they were granted; (2) a Grantee receiving between $25,000 to $500,000 shall also include a certification of accounting and description, completed by the Grantee Board, stating the funds were received and used for the purpose in which they were granted; (3) a Grantee receiving greater than $500,000 shall include a certification and description, completed by the Grantee Board, stating that the funds were received and used for the purpose in which they were granted, and an audit prepared by a licensed Certified Public Accountant." 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-1 33 "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. Page 2 of 7 In -Kind $ Cash �i $ Cash and In -Kind $ Other 1 Specify: $ [ ] d. The Grantee has committed to an additional $ to complete the project as described in Attachment C. The Grantee warrants contributions from the Grantee shall be sourced from non - federal funds. The total contract amount is $20,000.00 7. Reversion of Unexpended Funds Any unexpended grant funds shall revert to the Agency upon termination of this Contract. 8. Reporting Requirements: Pursuant to 09 NCAC Subchapter 03M, a Grantee that receives State funds shall maintain, for inspection by the Office of the State Auditor, reports and accountings that support the allowable expenditure of State funds. The Grantee shall also abide by the following reporting thresholds: (1) a Grantee receiving less than $25,000 shall also include a certification and accounting, completed by the Grantee Board, stating that the funds were received and used for the purpose in which they were granted; (2) a Grantee receiving between $25,000 to $500,000 shall also include a certification of accounting and description, completed by the Grantee Board, stating the funds were received and used for the purpose in which they were granted; (3) a Grantee receiving greater than $500,000 shall include a certification and description, completed by the Grantee Board, stating that the funds were received and used for the purpose in which they were granted, and an audit prepared by a licensed Certified Public Accountant." 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-1 33 "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. Page 2 of 7 GRANT CONTRACT NO. 6904 9. Payment Provisions: The Agency shall reimburse 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. Allowable expenditures are defined as expenditures associated with work performed to meet the milestones for a specific reporting period. The Agency may withhold payment on invoices when the Grantee fails to accomplish the milestones stated in Attachment C. 10. Invoices: The Grantee shall submit invoices to the Agency Contract Administrator at least quarterly. The final invoice must be received by the Agency within forty -five (45) days following the end of the contract period. Amended or corrected invoices must be received by the Agency's Office of the Controller within six (6) months following the end of the contract period. The Agency will not pay any invoice received more than six (6) months after the end of the effective period. 11. Contract Administrators: All notices permitted or required to be given by one party to the other, and all other questions about the Contract shall be addressed and delivered to the Parties' Contract Administrator. The name, post office address, street address, telephone number, fax number, and email address of the Parties' initial Contract Administrators are set out below. Either Party may change the name, post office address, street 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. 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 Division of Environmental Assistance and Customer Service 1639 Mail Service Center Raleigh, NC 27699 -1639 Telephone: (919) 707 -8121 Email: iosr r�h.fioatrir i <fnr fenr.cnv Grantee Contract Administrator: Grantee Principal Investigator or Key Personnel Kim Roane, Business Officer Kim Roane, Business Officer New Hanover County New Hanover County 3002 U.S. Highway 421 North 3002 U.S. Highway 421 North Wilmington, NC 288401 Wilmington, NC 28401 Telephone: (910) 798 -4403 Telephone: (910) 798 -4403 Fax: (910) 798 -4408 Fax: (910) 798 -0408 Email:,kroane(@nhcgov.com Email: kroanenlic c d,ccrn 12. 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 written approval by the Agency Contract Administrator. 13. Supplantation of Expenditure of Public Funds: 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 New Hanover Mercury Products Recycling 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. Page 3 of 7 14. grantee's 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 ensure that account balance is solvent and reconcile the account monthly. 15. 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. 16. E- Verify: As required by G.S. §14348.5 (Session Law 2013 -418), the Grantee certifies that it, and each of its subcontractors for any contract awarded as a result of this solicitation, complies with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, including the requirement for each employer, with more than 25 employees in North Carolina, to verify the work authorization of its employees through the federal E- Verify system. 17. Confidentiality: Each party shall be solely responsible for properly identifying any document(s) containing "CONFIDENTIAL" information. Anything that qualifies as a "TRADE SECRET„ under State law must be designated as "CONFIDENTIAL. All "CONFIDENTIAL" documents shall be properly identified by conspicuously marking it "CONFIDENTIAL" at the top and bottom of each page. Any document(s) not properly identified as CONFIDENTIAL, prior to its release to the Agency, may be deemed a public record. 18. Records Retention: Records created or kept in connection with this Contract shall be maintained in accordance with the applicable retention policies of the Agency, and shall not be destroyed, purged or disposed of without the express written consent of the Agency. If any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract is initiated prior to expiration of the applicable retention period, the records must be retained until completion of the action and resolution of all issues arising therefrom, or until the end of the applicable retention period, whichever is later 19. 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. Page 4 of 7 GRANT CONTRACT NO. 6904 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 Farm -LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. Drug-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; (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 no 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 - Page 5 of 7 GRANT CONTRACT NO. 6904 (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; (satisfactorily complete a) (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 and 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. Page 6 of 7 GRANT CONTRACT NO. 6904 20. Signature Warranty: ne undersigned reprint and warrant that they are authorized to bind their principals to the terms of this agreement N,C.G.S. §133 -32 and Executive Omer 24 pmhibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seekiea to do bumess 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 get has been offered, accepted, or promised by any employees of your organization,. W WITNESS WHEREOF, the Grantee and the Agency execute this agreement in two (2) originals, one (1) of whist. is retained by the Grantee and one (1) of which is retained by the Agency, the day and year first above written. NEW HANOVER COUNTY K Grar 's Signature Typed ! rimed Name Title ORIGINAL NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Donald R. van der Vaert, Secretary DLY artmni Hea s $ nature ar ►lathe Agent Tommy H. Kirby. Purchasing Direclor Type 1 Printed Name and Title Financial Services DSj sicmiPurcfrasina and Contracts Section Division /Section General Terms and Conditions Governmental Entities 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 We 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. 143C- 6- 23(a)(2): a non -State entity that receives a grant of State funds Attachment A DEQ Contract 6904 from a State agency, department, or institution but 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. 143C- 1-1(d)(18): Afirm, 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. 159- 7(10): 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, (ii) is not subject of the State Budget Act, and (iii) 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. 143C- 6- 23(a)(1), 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. 143C -6- 23(a)(4): 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 Govemment has the meaning in G.S. 159- 7(b)(15): A municipal corporation that has the power to levy taxes, including a consolidated cky- county as defined by G.S. 160E -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, 9 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 inures 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 Attachment A DEQ Contract 6904 third person receiving services or benefds under this Contract is an incidental beneficiary only. 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. Insurance: During the term of the contract, the Grantee at its sole cost and expense provides commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the Grantee provides and maintains the following coverage and limits: (a) Worker's Compensation: The Grantee provides and maintains Worker's Compensation insurance as required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of $500,000.00, covering all of Grantee's employees who are engaged in any work under this contract. If any work is sublet, the Grantee requires the subgrantee to provide the same coverage for any of his employees engaged in any work under this contract. (b) Commercial General Liability: General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.) (c) Automobile: Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non -owned vehicles used in performance of the contract. The minimum combined single limit is $500,000.00 bodily injury and property damage; $500,000.00 uninsuredlunder insured motorist; and $25,000.00 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee and is of the essence of this contract. The Grantee may meet its requirements of maintaining specified coverage and limits by demonstrating to the Agency that there is in force insurance with equivalent coverage and limits that will offer at least the same protection to the Agency. Grantee obtains insurance that meets all laws of the State of North Carolina. Grantee obtains coverage from companies that are authorized to provide such coverage and that are authorized by the Commissioner of insurance to do business in North Carolina. The Grantee complies at all times with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the Grantee do not limit the Grantee's liability and obligations under the contract. 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, 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. Attachment A DEQ Contract 6904 Force Majeure: Neither party is in default of its obligations hereunder if it is prevented from perforating 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: AU 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 it 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, Sectlon 21 (i.e., the State Auditors and internal auditors may audit the records of the contractor during the term of the contract to verity accounts and data affecting fees or performance). The Contractor shall retain all records for a period of six (6) years 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 six (6) 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 six (6) 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 six (6) 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 six (6) 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. Attachment A DEQ Contract 6904 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. Ownership of equipment purchased under this contract rests with the Agency_ Upon approval of the Agency Contract Administrator, such equipment may be retained by the Grantee for the time the Grantee continues to provide services begun under this contract. 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. 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 Feels): 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 - grantees) 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. Attachment A DEQ Contract 6904 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 Govemor's Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public 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) anticipate 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 DEQ Contract 8904 Mercury Products Recycling Grant Program APPLICATION GUIDELINES N.C_ Department of Environment and Natural Resources Division of Waste Management Division of Environmental Assistance and Customer Service The purpose of this grant program is to assist North Carolina local governments, solid waste authorities and water and sewer authorities in developing, implementing, and expanding recycling programs to collect products containing mercury with particular emphasis on increasing the number of public collection sites for fluorescent lights and mercury thermostats. The Division of Environmental Assistance and Customer Service (DEACS) will administer the Mercury Products Recycling Grant Program through the Solid Waste Management Outreach Program with funding assistance from the Division of Waste Management Mercury Switch Program as provided by NCGS 130A- 310.54. With the release of these guidelines, DEACS is accepting applications for grant funding from municipalities, counties, water & sewer authorities and solid waste authorities seeking to implement or expand 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 Joe Fitzpatrick at (919) 707 -5 121 or joseph.fitzpatrick cr ncdenr.gov to discuss application requirements and funding options prior to starting work on their grant application. Eligible Entities: North Carolina counties, municipalities, water & sewer authorities and solid waste authorities are eligible for funding through the Mercury Products Recycling Grant Program. Available Funding: The Division of Environmental Assistance and Customer Service (DEACS) plans to offer grants through the Mercury Products Recycling Grant Program on an ongoing basis for the duration of funding availability. Approved applications will generally be funded in the order in which they were received. First time applicants may receive priority over return applicants. Successful applicants are eligible for a Mercury Product Recycling Grant award of up to $25,000. The primary purpose of the Mercury Products Recycling Grant program is to help create or expand the infrastructure needed to collect mercury containing products from the public. Grant funding is also available to help pay for program promotion and for recycling costs. There are limitations on the amount of grant funding that can be specifically dedicated to paying for recycling costs — see section titled "Examples of Fundable Activities" for more details. In the event that funding is not available when an application is received, DEACS will place applicants on a waiting list in the order in which they were approved and will initiate grants as soon as funds become available. Grant Contract Period: Successful applicants will enter into a contract with the Department of Environment and Natural Resources. Grant contracts will only be initiated once all application requirements are met. Mercury Product Recycling Grants will be written for a minimum contract term of one (1) year and a maximum contract term of three (3) years. Contract period options are limited to one (1), two (2), or three (3) years. Applicants should carefully consider their needs as they develop their grant timeline and submit their application. March 2015 Attachment B DEQ Contract 6904 Grantees must expend funds and submit a final report within the contract period unless the contract term is extended by written agreement between the grantee and DENR. Requests for no -cost time extensions should be submitted to the division at least 60 days prior to the contract expiration date. Funds not expended by the end of the contract period will be forfeited. Any funds expended prior to the start of the contract will not be reimbursed. Cash Match Requirements: There is no cash match requirement for participation in the Mercury Product Recycling Grant Program. See section on "Examples of Fundable Activities" for more information on funding limitations. Due Date: There is no due -date for Mercury Product Recycling Grant applications. Applications will be accepted year round and grants will be funded on an on -going basis for the duration of funding availability. Program Requirements: To be eligible for Mercury Product Recycling Grant funding a new or existing mercury product recycling program must meet the following criteria: • Program must accept fluorescent lights and mercury thermostats. The acceptance of other mercury products is desirable but not required. • Program must accept items from the public at no cost. Programs may accept and manage fluorescent lights from commercial sources, public schools, and/or government facilities, but grant support is not available to assist with the recycling costs of managing mercury products collected from these sources. • Program must have a minimum of one location that is open year -round to accept materials for a minimum of four (4) days per week. Program Options: The Mercury Products Recycling Grant Program seeks to provide funding to increase the recycling of mercury- containing products from the public. Funding will be available for the following program options: Option 1: Funding for New Program: Funding is available to establish a new mercury product recycling program that will operate separately from any current Household Hazardous Waste (HHW) program. Option 2: Funding for Expanding / Enhancing Existing Program: Funding is available to expand / enhance an existing mercury product recycling program that operates separately from any current HHW program. With this option, grant funds are available to expand the number of collection sites/locations, enhance the current program, and to support the recycling costs for the mercury containing materials collected. Existing programs can only receive grant funding for the support of recycling costs if the program is also enhancing or expanding mercury product recycling efforts. Grants are available under Program Option 2 to both first -time and return applicants. Option 3: Funding Support for HHW Collection of Mercury Containing Products: Funding is available to assist local governments with the collection of mercury- containing products tluough a regularly scheduled HHW collection program. To be eligible for mercury product recycling grant support for HHW collection efforts, the following conditions must be met: • The HHW program must be open to accept fluorescent lights or mercury thermostats from the public at least four (4) days a week; OR �j � March 2015 Attachment B DEQ Contract 6904 • The local government must operate a separate mercury product recycling program meeting the standards outlined in the "Program Requirements" section of this document. Only HHW program costs that can be associated with the management of mercury containing products are eligible for grant funding support. Grants are available under Program Option 3 to both first -time and return applicants. Examples of Fundable Activities: Mercury Product Recycling Grant funds may be used to support a wide variety of expenses associated with collecting mercury containing products from the public, including recycling costs paid to vendors for the processing / recycling of the mercury containing products. The following list provides examples of approved uses of Mercury Product Recycling Grant funds: • Storage buildings (e.g., sheds), • Storage containers for receiving materials at collection sites (e.g., deck storage boxes), • Program materials and packing supplies, • Thermostat collection box through Thermostat Recycling Cor ration, • Mercury spill kit(s), • Education and outreach / program promotional expenses including program signs, brochures, advertising and other promotional costs, • Mercury thermometer exchange program related costs, and • Recycling costs for mercury containing products, as follows: • Program Option 1 or 2 -- programs seeking grant support for recycling cost of fluorescent lamps must use one of the vendors on the State of North Carolina Term Contract 926B and the amount of grant funds that can be used towards payment of recycling costs is limited to $1,000 per grant contract year, with a maximum award of $3,000 to support recycling costs. • Program Option 3 — HHW programs seeking grant support for the handling and recycling of mercury containing products will be limited to $5,000 per grant contract year, with a maximum award of $15,000. Grant funds mgy not be used to pay for employee salaries, for administrative expenses such as overhead costs, for vehicle or equipment related operating expenses, or for program utility expenses. If you have questions about whether a potential expenditure may be eligible for grant funding support, please contact Joe Fitzpatrick at (919) 707 -8121 or lose hp ftMatrick ncdenr.gov. Please note: Drum -top bulb crushers and expenses associated with operating bulb crushers are not eligible for Mercury Products Recycling Grant Program funding. Information for Current or Previous Grantees Considering Reapplication• Previous Mercury Product Recycling Grant recipients are eligible to reapply for Mercury Product Grant Funding under the following conditions: • The return applicant must have exhausted all originally awarded Mercury Product Recycling Grant funding and they must have successfully completed all requirements associated with their earlier grant contract; and • Return applicants must be planning to expand or enhance their existing mercury product recycling efforts as a part of their return application for grant funding. Recurring applicants may seek funding through Program Option 2 or Program Option 3 (see section on Program Options). Grant funding is available to recurring applicants for program supplies, recycling costs, education and outreach efforts, and to expand or enhance their mercury product collection efforts. To ensure that sufficient funds are available for all eligible entities interested in establishing programs to -1 lcA March 2015 14et�!'ro �,W Attachment B DEQ Contract 6904 recycle mercury containing products, when making grant awards priority may be given to first -time applicants. Other Requirements: 1. Fluorescent Lights from Public Buildings: Each applicant must demonstrate as apart of their grant application that they operate a recycling program to manage fluorescent lights and mercury containing thermostats generated by the facilities that they own and operate. If applicants do not presently recycle lamps from their buildings then a program to do so must be implemented in order to be eligible for grant funding. 2. Notirication Reaulrement if collecting at a Permitted Solid Waste Facility: Applicants seeking to establish a collection program for mercury products at a permitted solid waste facility must provide written notification to the N.C. Division of Waste Management, Solid Waste Section, attention_ Ed Mussler, P.E., Permitting Branch Head, 1646 Mail Service Center, Raleigh NC 27699 -1646, Ed.Mussler(ancderingov. Written notification must include facility name and address, permit number, a list of mercury containing materials to be collected and a description of the specific location for handling and storage of materials at the permitted facility. 3. Staff Training Procedures: Applicants must demonstrate how staff will be trained in the proper handling and storage of all mercury containing materials in accordance with Universal Waste Rules 15A NCAC 13A,0119 as well as in proper spill containment and clean -up. Spill response materials and instructions for cleaning up mercury spills are to be readily accessible at the storage facility. 4. Use ofStatewide Convenience Contract: Fluorescent lights collected through a new or existing recycling program using Mercury Products Recycling Grant Program funds (Program Option 1 or 2) must be sent to one of the approved vendors listed in State of North Carolina Term Contract 926B if the applicant is seeking reimbursement of recycling costs associated with fluorescent lights. 5. Recycling Reimbursement Costs: Documentation from the recycling vendor must be submitted when requesting reimbursement of recycling costs. For mercury containing materials managed by HHW programs, copies of invoices or manifests must be submitted with requests for reimbursement. HHW programs seeking reimbursement of recycling costs and other reasonable expenses associated with collecting and handling mercury containing materials must submit an HHW Disposal/Recycling Expense Form with their reimbursement request. For a copy of this form, contact Joe Fitzpatrick at (919) 707 -8121 or ioseoh.fitzpatrick@ncdenr.gov. 6. Retroactive Costs: N.C. Department of Environment and Natural Resources (DENR) grant making rules do not allow for the reimbursement of costs for purchases made prior to the execution of a grant contract. Any grant- related purchases made prior to the grant contract period start date will not be reimbursed. It is estimated that grant contracts will be in place approximately two months after a grant is formally awarded. T 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 Ann Preston, Division of Waste Management, Hazardous Waste Section, at (919) 707 -8226 or ann.preston(n� cn denngov. 8. Applicant must be in good standing with DENR• a. Applicants with delinquencies on existing DEACS 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 DEALS with information indicating that they are in March 2015 Attachment B DEQ Contract 6904 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. 9. Agreement on Final Grant Applications. As a condition of grant award, DEACS may work with applicants to revise initially submitted proposals before entering into a grant contract. Any changes to initial proposals must be approved by DEACS and the applicant, and the resultant final grant application will become an attachment to the Grant Contract. Mercury Products Recyclina Grant Program Application Requirements: The following information outlines the mandatory components of the application. Please follow this format. I . Contact Information including: • Name and title of main contact • Organization • Address • Telephone and fax numbers • E -mail address 2. Management of Bulbs from Public Buildings: Provide information on established recycling program for fluorescent lights and mercury containing thermostats from buildings owned by the applicant. Include information on the vendor and or method used to recycle the collected materials. 3. Program Option and Description: Please specify whether you are seeking grant support for Program Option 1, 2 or 3. Also, please specify if this is a first -time application or a return application for Mercury Products Recycling Grant funding. • If you are applying for grant funding to establish a new program (Option 1), please provide a detailed description of your plan for implementing your program including information on the service provider, collection method and frequency, program hours /days of operation, and the name of vendor to be used for recycling the collected materials. Full disclosure of any fees charged to program users for the collection of any mercury products to be collected must be presented in this program description. • If you are applying for grant funding to expand or enhance your current collection of mercury products (Option 2), please provide a description of your current program including information on the service provider, collection method and frequency, program hours /days of operation, and the name of vendor to be used for recycling the collected materials, and data on the amount of mercury products collected by this program in the past. Additionally, if submitting a return application for grant funding, please include a description of the planned expansion or program enhancement. • If you are applying for grant funding to support the collection of mercury products through an HHW program (Option 3), please provide information showing that your program meets the required operating hours (4 days/week ongoing) or that you have a separate program collecting mercury products that meets this requirement. Additionally, please provide data on the amount of mercury products accepted by this program in the past. 4. Materials Collected: List specific mercury containing products to be collected. List must include mercury containing thermostats and fluorescent lights. 5. Measurement Plan: Provide a brief description of your plans to track data about program productivity and the amount of mercury products collected. 6. Staff Training Procedures: Provide a written statement detailing staff training procedures on proper handling and storage of mercury products (see Other Requirements item #3 for more March 2015 Attachment 8 DEQ Contract 6904 information). Vendors on State of North Carolina Term Contract 92613 can help with training needs. 7. Notification Requirement: If your program will collect or store materials at a permitted solid waste facility please include copy of notification made to N.C. DENR, Division of Waste Management (see Other Requirements item #2 for more information). 8. Public Outreach Plan: Provide a detailed description of your public outreach plan. The Outreach Plan should include increased local education and public outreach efforts for recycling of fluorescent lights and mercury thermostats. Include plans for distributing educational program 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. DEACS staff is available to provide feedback on and assistance with the development of program brochures and educational and promotional materials. Applicants are encouraged to develop partnerships with electric utilities such as Duke Energy, electrical cooperatives and/or local retailers for the collection of bulbs. 9. Implementation Timeline: Application must specify the desired length of grant contract. Options are limited to one (1), two (2), or three (3) years. Provide a timeline for the implementation of activities under this grant. At a minimum the grant timeline must include the date mercury product collection will begin and the date that the final report will be submitted to the state. 10. Program Budget: Provide a budget Iisting items to be purchased using grant funds. Please see the sample budget format below for an example on how to prepare your program budget. Description (Quantity) Funds Requested Storage sited for consolidating collected materials (1) $10,000 Shelves for Storage Shed (2) $500 Containers for receiving mercury products at recycling collection points such as solid waste convenience centers 8) (e.g., deck storage boxes $4,000 Program materials and packing supplies $150 Recycling cost for collected materials (please estimate quantity of bulbs to be managed, not to exceed $1,000 per grant contract year for Program Option 1 or 2*) $3,000 Signs 8) $800 Brochures and various educational materials needed for public outreach plan. $350 Program advertising and outreach $400 Mercury Spill Kit (8) $400 Thermostat Collection Box (1) $25 Support for HHW program efforts to collect mercury products (only necessary if seeking grant program support of HHW efforts). Not to exceed $5000 per grant contract year — only applicable under Funding Option 3. $5,000 Total Project Expenditures $24,625 x $1,000 will cover the recycling cost of 2,083 CFLs and 3,125 standard 4 & tubes when utilizing Tenn Contract 92613. How to Submit Applications: _'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 c" )seph.ftzpattici(a�,nedenr.aov. Please submit electronic versions as a Microsoft Word document. March 2015 Attachment B DEQ Contract 6904 Other Terms and Conditions: All grantees are subject to the terms and conditions listed below. Additional terms and conditions may be addressed in the grant contract and / or listed at the following web site: http:Uportal.nedenr.or web /DEACS /reacling/IvJfinancial- assistance. • 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 DEACS at least 30 days prior to the contract end date, and an approved final report is required to be submitted by the contract end date. Final Reports should be submitted electronically. The final report format will be provided by the assigned grant administrator. • Contract Extensions and Amendments — No -cost time extensions are possible but not guaranteed for grant contracts. Grantees seeking no -cost time extensions should 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 listing project milestones and must include a new budget if budget changes are also being requested. • Reimbursement — Distribution of DEACS grants funds is on a reimbursement basis. Requests for reimbursement can only be made after the grantee has spent funds on the grant project. Reimbursement requests must be submitted electronically, must be submitted on Ietterhead, must include copies of invoices, and must include proof that the grantee has made payment. Proof of payment may include copies of cancelled checks or other financial reports showing that funds were spent. State and local sales taxes are not reimbursable, may not be counted towards expenditure requirements, and should be excluded from reimbursement requests. Payment of grant proceeds may be made by checks or electronic draft, and funds are usually distributed between 15 and 30 days after a reimbursement request is received and approved by DEACS. • Final 10 Percent of Funds — DEACS will continue to reimburse grantees until 90 percent of the grant ward amount has been expended. The final 10 percent of funds will be held until an acceptable final grant contract report has been received and approved by DEACS. The final report must be received by the contract end -date. All final requests for reimbursement must be received within 45 days of the contract end -date or all unpaid grant funds will be forfeit. March 2015 Attachment C DEQ Contract 6904 New Hanover County Application for Mercury Products Recycling Grant Progi- m Request for Program Option 2 Funding 1. Contact Information: • Kim Roane, New Hanover County Environmental Management, Business Officer • New Hanover County Environmental Management Department • Address: 3002 U.S. Highway 421 North Wilmington, NC 28401 • Phone: (910) 798 -4403 Fax: (910) 798 -4408 • E-mail Address: jsuleyman @nhcgov.com, • Federal Tax identification Number: 2. Management of Bulbs from Public Buildings: In accordance with North Carolina General Statute 130A- 310.60, the New Hanover County {property Management Department has an established program for recycling all fluorescent bulbs and mercury thermostats from county buildings. These materials are collected by the NHC Property Management Department until sufficient quantities are available to be sent to Cleanlites Recycling, Inc., for proper handling, including recycling and/or disposal. 3. Lro r�!Rt_ tion and ! cnosatic� �: The New Hanover County Department of Environmental Management is seeking grant funding for Program Option 2 Funding for Expanding /Enhancing Existing Program, as a return applicant. We intend to utilize this grant funding to support the expansion of our existing HHW J Mercury Products collection program to provide a mobile van to be taken three days /week to each ore of three (3) sites in the county on each day: Wrightsville Beach, Carolina/Kure Beach and Ogden (in the northern portion of the county) providing improved access to citizens. The hours at each community site will be 10:00 a.m_ — 2:00 p.m. to mirror our primary site's operating hours. This mobile unit will expand our total hours of operation by 12 hours a week. The employee will then transport the sorted materials to the primary HHW facility for final processing and packaging. The grant funds would be used to support the cost of the purchase of the mobile van, disposal costs and operating supplies for the mercury collection portion of the HHW program. The HHW /Mercury Products Collection Program general program description follows: Attachment C DEQ Contract 6904 o The New Hanover County Environmental Management Department operates a residential Mercury Products Collection Program as part of an overall Household Hazardous Waste (HHW) collection program. This program was initiated in 2013, and received partial program funding from the NCDENR Division of Environmental Assistance and Outreach Grant Program for the recycling of Mercury Containing Lamps and Thermostats. Residents may, at no charge, drop off HHW items (listed in item #4 below), including mercury- containing devices and lamps, for proper disposal and recycling. Customer satisfaction surveys have indicated great community acceptance of this program, with the only issue being the travel time to reach our primary location at the far western edge of the County. Our goal with this program expansion is to provide improved access to residents through a mobile unit located at three (3) new community sites within the county. o The current collection and storage site for this program is located at 3002 U.S. Highway 421 North, Wilmington, NC, in a newly renovated warehouse at the northeast corner of the department's Recycling, HHW and Administration campus. The newly renovated warehouse provides a covered, secure facility for processing and storing collected materials. Hours of Operation at this primary facility are Monday - Friday from 10:00 a.m. — 2:00 p.m., and Saturday from $ :00 a.m. — noon. Proposed expansion of this program will provide a mobile van with a covered trailer to be taken three days /week to one of three (3) sites in the County each day: Wrightsville Beach, Carolina /Kure Beach and the northern portion of the County, providing improved access to citizens. The hours at each community site will be 10:00 a.m. — 2:00 p-m., to mirror our primary site's operating hours. * A trained employee is on site at the primary HHW facility 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. Similarly, a trained employee will be present at each new mobile site, and will return to the HHW facility each day to offload and properly prepare collected materials for processing and/or disposal. Training & Emergency Response: o Staff are trained by EcoFlo Inc., the County's contractor, 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, are readily accessible in the storage facility and will be in the mobile van. An eyewash station and emergency shower is in place at the main HHW facility for use in decontamination, and a portable eyewash station will be available on the mobile van. Personal Protective Equipment (PPE) is provided to employees for their safety. • Collection of materials: o Carts with spill containment edges are 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: o Containers for storage of hazardous materials are structurally sound and appropriate to the material to be stored. For example, 55- gallon fiber barrels may be used for 4' Attachment C DEQ Contract 6904 fluorescent lamp bulbs, steel 56 gallon drums may be used for lamp ballasts, pallets and cardboard boxes stored on pallets may be used for 8' fluorescent lamp tubes o Storage containers are properly and clearly labeled to identify the contents. o Containers are kept closed unless actively being filled. o Containment shelving will be installed in the mobile van for secure storage of items during transportation to the main facility. o P%stic tubs and plastic buckets are used for storage of some smaller items. c All materials collected at the mobile sites shall be offloaded each day and stored in the appropriate manner at the primary HHW facility. • Recycling: o To recycle fluorescent lamps, ballasts and other mercury- containing devices, New Hanover County (NHC) partners with an approved vendor under State Contract 926b, directly. We currently use Cieanlites as our contractor, and we purchase the 4' and 8' cardboard boxes and 5- gallon poly -pails from them and other suppliers for storage containers. c Lights containing mercury collected by our HHW collection program will be handled separately from the bulbs collected from our public facilities. o 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): o 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. o Thermostats will be accepted and recycled. o Thermometers or other mercury containing devices will be accepted. 4. , Materials Collected/ HHW mercury- containing items accepted: • Mercury Thermostats and Mercury - containing devices (including thermometers) • Lamps containing mercury (unbroken) • Batteries (button -cell) containing mercury 5. Measurement Plan: Items collected are counted and logged for inventory control purposes. A new log is used for each month; the monthly counts are combined for annual report purposes. Logs are used to reconcile each invoice prior to payment. Electronics shipments are weighed on the County's scale to measure load weights. 6. Staff Training Procedures: Staff are trained by EcoFlo inc_, the County's contractor, 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, are readily accessible in the storage facility and will be in the mobile van. An eyewash station and emergency shower is in place at the main HHW facility for use in decontamination, and a portable eyewash station will be available on the mobile van. Personal Protective Equipment (PPE) is provided to employees for their safety. 7. Noti-fication, Reouirement: Copy of permit is attached. Attachment C DEQ Contract 6904 Education and promotional materials are 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 is 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 expansion to the three (3) new mobile sites within the community. A media /press release will be issued to announce the program expansion and encourage participation. The program expansion will be added to the NHC Environmental Management Department's webpage for public information. A Twitter account has been established to provide timely communications and updates to citizens who choose to °follow" Iuvtrash2. Grant funds will be utilized to print educational brochures, promotional materials and advertising for the expanded HHW collection program, It is the intention of the New Hanover County Environmental Management Department to begin preparation for and implementation of the program's mobile expansion program immediately upon receiving notification of a grant award and the approval of the County's FY17 budget. Begin mobile collections October, 2016 Final Report June 30, 2019 10. Program Bud at- Mercury Recycling Program Budget Cnrn munity -q,V oat: The expansion of the New Hanover County Household Hazardous Waste Program via mobile sites within the community is welcomed. This community support is evidenced by the attached Letters of support from the Town of Carolina Beach and the Town of Wrightsville Beach. {cost ??'Sposal COSIS - ai: pSlt,ulbS11 herwo ;als for FY11, FYI$ ;arid FY 19 ',3 000 00 Poxes & 7oack,nr9 nlater a!s — _ __._..-- - - -- 1 000 00 Me 'fir l i) n,ai a ��)tl3tt +3: t Lw t p – f 12,000.00 i lcrc41rY doll iSots. S 150 or, (1 nSl duca; ona Brocfiu e& Adyertisirg •' 3rJli -00 elvrnp for Mobile Vaei _..... ._ _ 5 2,200 00 - Letterinc VVrao for VD -ni% Ada +3 1,C)U0.00 P PE {Aprons, giov y. ft ace slI i ldq. boos € 1tj0 0(r Cnrn munity -q,V oat: The expansion of the New Hanover County Household Hazardous Waste Program via mobile sites within the community is welcomed. This community support is evidenced by the attached Letters of support from the Town of Carolina Beach and the Town of Wrightsville Beach. Attachment C V1=14 IAIU 416;Yi,14 NOw Harsm ar County WASTEC FOrA ty Por1`nit NA. 0 Permit to Operate April 15, 21118 Page 1 0143 CAN18770 North Carolina Department of Environment and Natural Resources Division of Wavfe Management NA McCrory Dexter R. Mafthen Jotm E. Skvada, ill Govemor titre or Secretary STATE OF NORTH CAROL_TNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOLaRCES DIVISION OF WASTE MANAGEMENT SOLD WASTE SECnON SOLID WASTE MANAGEMXWT FACILITY PERMIT NEW HANOVER COUNTY is hereby issued a lk4UNIC'PAL SOLID WASTE TO ENERGY COMBUSTION' FACILITY" PERVIIT NO.65051-MS LF -1984 AND HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY PERMIT NO.6505 -HHW -2013 located at 3002 U.S. Highway 421 North, aPProximately 3 miles north of the Cape dear Itr moria Bridge, New Hanover County, North Carolina, in accordance with Article 9 of Chapter 130A of the General SlatWcs of North Carolina and the rules ATOMUIEPW there wider, and is subject to the conditions set foil in this permit. 0f9it*st9wd byrEdward F. C?N at.."Wam P. htus*( 9}, t'.f Waste 5eutat, owd+iC n its Mk r argdWJW, c=tt5 ---, i r— - %%�2413.04.130X43-04`DD' Edt atd F, Mussfer,1H, l',E., Permitting Branch Supervisor Solid Waste Section 169 Mail 8aMoo CO3W. RA fi, North Carolina 27699 -1648 MWOr 919- 6C8,84A; i FAX 919 - 715.40611 lMempot htte Jlnarfal,nixi$nr.4r�e�vdtilsw An Equal Oppn! Ay 4 ArKmdmAc0Dn Empbt w Attachment C DEQ Contract 6904 P s-RT I PERMTTWG HISTORY Permit lype Date leaned Solid Waste Permit Issued August 7, 1984 Amendment to Permit March 9 1990 Amendment to Permit December 19, 2068 Modification to Permit: Add Modification to Service Area November 3, 2009 Modification to Permit: Add Household Hazardous Waste Collection April 15, 2013 PART Its, LIST OF DOCUMENTS FOR THE APPROVED PLAN 1 _ Appfication for Air Quality Permit for the proposed New Hanover County Steam Plant that utilizes solid waste as a fuel. Prepared by: New Hanover County Engineering and Facilities Department. October 7, 1982. ['DIN 6171 j 2. Site plans and a copy of Air Quality permit application (Permit No. 51 -51). Submitted lay: Campbell and Associates, Chattanooga, TN. February 4,1983. [DIN 61721 3. Air Permit Application_ prepared by: Stanton M. Peters & Associates, Inc., Chattanooga, TN. May 5. 1989. [DIN 61751 4. Environmental Assessment and Finding of No Significant Impact. Prepared by: Stanton M. Peters, Chattanooga, TN. April 26,1989. [DIN 61751 5, Ash Sampfrng and Analysis Plan. Prepared by: New Hanover County Department of Environmental Mai Wment. October 11, 1991, [DIN 6177] 6. Request to expand service area to the territorial boundaries of the continental United States with ash disposed in New Hanover County Secure Landfill Permit No. 65 -04. However, waste received at the landfill Permit No. 65 -04 may only originate from wstbin the territorial boundaries of New Hanover County. Note: This condition supersedes cdocument datedApri1]9, 1994 denoted as DIN 6181. [DIN 8335] 7. Paste Screen�ngPlan. Approved by: NC DENR Division of Waste Management. December 1 1, 2001. [DIN 6186] 8. Operation Plan for accepting municipal solid waste regulated by: Department of Homeland Security, Customs and Border Protection under the authority of the Animal and Plant Health Inspection Service that originated on board or removed from any means Attachment C DEQ Contract 6904 New Hanm►er county WASTEC FaciEity Permit No: 6605-HHW -2013 Permit to Operato April 18, 2013 paps 3 of 13 DM 8770 Of ccnveyance during international or interstate movements. Prepared by; New Hanover County Department of Environmental Management. September 10, 20€ 7. [DIN 3225 and DIN 3226] 9. Grcrty- dwvater MG'utorirtg Ilan. Prepared by. Withers and iiM1101, Cary, NC. Dated., October 7, 2008. [DIN 60407 10. RNucst to Modify Permit includiaig text conwtions, modifieation to service area, revision $ to sampling and analysis requirements and modified Ash Sampling and Analysis Plan. Submitted bar; New Hanover County, whinlington, NC. August 6, 2009, [DIN8335] 11 Request to Implement Permanent Six ,l3ajVWeek Household Haztv-dow Waste Collection, by. New Hanover County Department of Environmental Management, 30()2 US Highway 421 North, Wilmington, NC 28401. January 2013. VDIN1S7091 Attachment C DEQ Contract 6904 PART 1 GENERAL CC 1. This permit is issued by th. Resources, Division of Wm accordance with North Caroii .0201(d), a solid waste management facility permit Construct and a Permit to Operate. a. All construction phases for facility development am construction is approved at the site without application .1100 of 15A NCAC 138. b. The Permit to Operate shall expire at the close of business December 19, 2013. Pursuant to 15A NCAC 13B .0201(8), no later than June 21, 2013, the. owner or operator must submit a request to the North Carolina Department of Environment and Natural Resources, Division. of Waste Management, Solid Waste Section, for permit review and trust update pertinent facility plans including but not limited to the.facility operation and waste screening plans. 2. The persons issued this permit ( permittee) are the owners and operators of the solid waste management facility. 3. [intentionally blank] 4. When this property is sold, leased, conveyed or transferred in any manner, the deed or other instrument of transfer must contain in the description section in no smaller type than that used in the body of the deed or instrument, a statement that the property has been used as a solid waste management facility, 5. By receiving waste at this facility the permittee shall be considered to have accepted the terms and conditions of this permit. G. Construction and operation of this solid waste management facility must be in accordance with the Solid Waste Management Rules, 15A NCAC 138, Article 9 of the Chapter 130A of the North Carolina General Statutes (NCGS 130A -290, et seq.), the conditions contained in this permit, and the approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed by permit condition_ 7. This permit is issued based on the documents submitted in support of the application for permitting the facility including those identified in Attachment 1, "List of Documents for Approved Plan," and which constitute the approved plan for the facility. Where discrepancies exist, the most recent submittals and the Conditions of Permit shall govern. Attachment C DEQ Contract 6904 New Manover CcLmty WASTre r -2vfty Perm? No: 6506 -HHW -2013 Permit to Operele Apd{ 16, 2013 Pape 5 of 13 DIN18770 8. This permit may be transferred only with the approval ofthe section and through the issuance of new or substantially amended permit in accordance with applicable statutes and rules. In accordance with NCGS 130A-295.2(g) the permittee roust notify the Section 30 (thirty) days prior to any siguifieattt change in the identity or business structure of either the owner or the operator including but not limited to a proposed transfer of owership of the facility or a change in the parent company of the owner or operator of the facility. 9. The perYnittee is responsible for obtaining all permits and approvals necessary for the development of this ProiWt including but not limited to. a. Approval from appropriate agencies for a Gemmnal or Individual NPI)ES S'tormwater Dischuge Permit_ h= Alt sedimentation/erosion control activities in accordance~ with the Sedimentation Control Act N.C.G.S. 113A -50, at seq., and rates promulgated there under at 15A NCAC 4. 10. Issuance ofthis permit does not remove the permittee's responsibilities for compliance with any other local, state or federal role, regulation or stat€ats:. - End of Section - Attachment C DEQ Contract 6904 ATTACHMENT? CONI:ITIONS OF Is3RxiCNDT TO CCNS'1 RUC7,�` 1. Construction of the MSW combustion facility development is complete, No additional construction to expand capacity is authorized under this permit. Any expansion of the processing facility will require a new application in compliance with the North Carol ins Solid Waste Management Rules contained in Section .1100 of 15A NCAC 13$. 2. The Permittee must contact the Solid Waste Section Environmental Specialist to ,„ ap. Hazardous Household Waste Collection operations.- - End of Section - Attachment C DEQ Contract 6904 Keay Hanover County WASTEC Facility pstn. I No: 6608- HHW -2o13 Pemlit to Open ApIfi'b, 2013 Page T of 13 D!NI P AT1"A.C1tEI.\r'T' 3 CONDTIXONS tail*-PERIM T TO OPERATE PART Y: GENERAL FACILITY CONDITIONS 1. This facility is permitted to receive municipal solid waste as defined in North Carolina. General Statute (NCGS) 130A -290 (a) (35) generated within the o mtinental United Storrs except hazardous, infectious or other wastes unless specifically approved by the Division. Approved wastes include municipal solid waste regulated by the Department of Homeland Security, Customs and Border Protectio=n, under the authority of the Animal and Plant Health .►nspection Service that originated on bond or removed from any means of conveyance during international or interstate movements, and other special wastes as approved by permit modification by the Division. °1'lais permit approves the continued operation of the municipal solid waste combustion facility consisting of 3 existing boiler$ and associated air pollution control devices having a total permitted MSW combustion capacity of approximately 500 tons of municipal solid wasw per day as shown below. Operation of any additl*nal boilers requires written approval of the Section and must be constructed in accordance with the applicable statutes and rules. The facility has MSW Combustion Unit Tons per Day Boiler 1 . 100 Boiler 2 100 Boiler 3 300 3. Financial assurance as required by state roles and statutes must be established with proof submitted to the Division annually by 3uIy 1 and must be continuously maintained for the duration of the facility in accordance with in accordance with North Carolina General Statute 13QA -295.2 and applicable rules. 4. Tie facility must be designed, equipped and operated to prevent the creation of a nuisance or adversely affect human, health or safety, and must be maintained in a sanitary condition. In addition, the site must be: a. Secured to prevent unauthorized entry, b. Inspected and cleared of windblOwn litter at least once per clay. Attachment C DE© Contract 6904 a. Inmeof notifying t. w . b. The perfbrmance of operations iliat set but causes an intentional noncomplianw 4o aawo k pt�i'wit is not a � that noncompliance. 7. Water that contacts solid waste must be captured and treated in compliance with a NFDES permit before discharge into the environment. 8. Effective vector control measures must be maintained at all times. 9. Solid waste must be confined to within the building in the designated tipping area and pit. A contingency plan is required and must be implemented for managing solid waste including solid waste not eligible for disposal at the New Hanover County Secure Landfill during shut -dawn periods. 10. Each facility operator in responsible charge must complete an operator training course that is approved by the Division. a. A responsible individual certified in MSW combustion operations must be on -site during all operating hours of the facility to ensure compliance with operational requirements. , b. All pertinent personnel must receive the training and supervision necessary to properly perform their duties. C. The permittee must maintain an updated listing of all personnel including their positions and training histories and provide the list to the Division upon request. 11. An emergency response plan must be incorporated into the employee operating manual with each plant employee trained in the plan. The plan must be maintained at the facility and provided to the organizations that would respond to an emergency at the faciiity. 12. The permittee must actively employ a waste screening program at the facility for detecting and preventing the acceptance of excluded or unauthorized wastes. At a minimum, the program must include: Attachment C DEQ Contract 6904 New Hanmr County WA8F[C FaclHy P~ No: 6605- HHW4013 PermR to Operate Apra 13, 2013 Page 9 of 15 DIN16770 Random inspections of incoming loads or other comparable procedures. b. Records of any inspections, C. Documented training of perso.-mel to recognize hatardous, liquid, and rather excluded waste types. d. Development of a contingency plan to properly manage any idenoed ha dous, liquid, asbestos or other excluded or unauthorized wastes. Tle p must address identification, removal, storage and final disposition of these Wast", 13. Asbestos waste trust be managed in accordance with. 40 CFR 61. 14. All sedimentationferesitrn control activities must be conducted in accordance with the Sedimentation Control Act N.C.C.S. 113A -50, et seq., and rules promulgated there under at 15A NCAC 4. 15. A closure and post - closure plan must be submitted for approval at least 90 days prior to closure or partial closure of the MSW combustion facility. The plan must include all steps and measures necessary to close and maintain the facility in accord&= with alt -riles in effect at that time. MSW COMBUSTION ASH MANAGEMENT 16. The pecmittee roust maintain a comprehensive MSW embustioan ash management plan with all pertinent personnel trained in the plan's procedures. At a minimum, the plank roust meet the following conditions. a. Appropriate w reasonable measures must be taken to eliminate fugitive dust emissions with the facility and the MSW combustion ash storage area. b. All pertinent personnel must be equipped with and trained in the proper use of appropriate personal protection, equipment for protection against fugitive duq emissions. C. Combustion ash must be quenched or wetted to prevent dust emissions during loading, tramporWion, unloading and disposal at the landfill, but not to levels that cause ash samples to fail a paint filter test for landfill disposal. d. Containers or vehicles used to transport ash must be leak resistant and closed or securely covered to prevent dust emissions during transport. 17. The pennittee roust maintain in ash sampling and analyw-s plan, that macis the following conditions: Attachment C DEQ Contract 6904 NOW 1-10110VOr COUnly WASTEC Via€ by PermO Na: 6566- HHW4013 Pe met in Ovemte April 15, 2013 page 10 of 13 DIN18770 m. A description of the procedures and methods necessary to obtain ash samples that are representative of the variability of ash over time and the horizontal and vertical extent of ash in the storage area. The procedures must cover all sampling and analysis necessary for compliance with these permit conditions including paragraphs b, c and d below. b. Representative ash samples must be taken weekly and composited into a monthly sample and analyzed at the end of each month for 3 consecutive months when one or more of the following events take place: 1) The installation of new equipment that affects ash quality, ii) Any change in the facility design or operation that may affect ash quality, iii) A change in a waste source, stream or generator that may affect ash quality, iv) A, sampling analysis result that indicates a statistically significant adverse change in ash quality, or v) Any combination of changes that may affect ash quality. c. For the first year of operation following a significant event addressed in paragraph b above, representative monthly samples must be composited into a quarterly sample and analyzed at the end of each quarter. d . After 1 year f wn a significant event addressed in paragraph b above, representative samples must be analyzed at least 1 time per 6 months. C. Combustion ash samples must be analyzed for the following: i) E.P. Toxicity as specified in USEPA manual SW -846 for arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver. ii) Total concentrations of copper, manganese, nickel and zinc. f. The ash sampling and analysis plan will be subject to periodic review and may be required to be revised in accordance with State and US EPA guidelines and regulations in effect at that time. g. Complete copies of ash test reports that indicate failure to meet the protective standards must be forwarded to the Solid Waste Section within 60 days after the representative: sampling event. Otherwise, ash test results must be maintained in the operating record at the facility, 18. Combustion ash from the facility must be promptly disposed or utilized as daily cover at the New Hanover County Secure Landfill in accordance with the landfill permit. Attachment C DEQ Contract 6904 N$w Hanmw COUnty WASTEC Fa cffitY FerMit W.- 6505-HIM2DI 3 Permit to operate Apra 15, 2013 Page 11 of 13 DNIS770 MONITOMG AND REPORTING REQUtREMMNTS 19. The fallow are groundwater monitoring requiremenU for the MSW combustion facility: 9. Groundwater and surface water monitoring locations must be established as identified in the approved plans. b. Ile owner or operator must sample the monito6ig weils serni-annually or as otherwise directed in writing by the Section HydrogeologisL <1 A licensed gDologist must be present to supervise the installation of groundwater monitoring wells. TIM exact locations, screened ilftrvals, and nesting of the wells must be established dier consultation with the SWS HydrogeDlogist at the time of well installation. d. All well construction records and soil boring logs for new wells must be submitted to the Section Hydrogeologist for review within 30 days of completion. PART H. HOUSEHOLD HAZARDOUS WASTE COLLECTION 20. This facility is permitted to receive household hazardous waste (fffm) generated by the residents within New Hanover County. 21, "Household" waste is defined as: 4.- Generated by individuals on the premises of a residence for individuals (a household), and - b. Composed primarily of materials found in the wastes generated by comumers in their homes. 22. Unacceptabk wastes that must not be collected at the HHW facility include t1w fohowing. a. Radioactive materials; b. Infectious or biological wastes; C. ExplosivesAbock sensitive materiai, organic peroxides, 21111nunition; and d. Polychlorinated biphonyls (PC13) waste as defined in 40 CFR 76I, with the M-ception of fluorescent light ballasts and PC3 household waste as defined in 40 CFR 761 ,63. 23. Oration of the facility must be in accordance with the approved pjaj-& fbund in the "List of Documents for Approved Plmi" (Attachment 1, Part II). Ibis in�,Judcs the use of training and waste screening procedures found in the approved operations manual to detect and prevent unauthorized wastes from being awepted at the facility. Attachment C DEQ Contract 8904 NeW HanUvar r ,ty WASTEC ,�ediity permh N*; 8505 -H14W -2013 '-'e to Operate Apol IE, 2013 `age rot of 13 ONN18770 24. Only personnel trained in accordance with the training program described in the approved operations manual found in the "List of Documents for Approved Plan" (Attachment l Part U), are permitted to participate in collection activities at the facility. 25. A person in responsible charge trained in facility operations must be onsite at all times during operating hours of the facility, in accordance with NCGS 130A- 309.25. 26. The facility must be adequately secured by means of gates, chains, berths, fences, or other security measures approved by the Section to prevent unauthorized entry. Signs must be posted at the entrance to the facility stating the hours of operation and other pertinent information. 27. Facility personnel must inspect emergency equipment and supplies on a weekly basis. Adequate amounts of absorbent material must be, maintained onsite to clean up small quantity spills or leaks. 28. Adequate aisle space must be maintained at all times to allow the unobstructed movement of personnel, fire protection equipment, and spill control equipment, and decontamination equipment in the event of an emergency. PART M.- REPORTING AND RECORDKEEPING REQULREMENTS 29. Copies of this permit, the approved plans, ash sampling results, tickets of waste receipts and all records required to be maintained by tke permittee must be maintained at the facility administration building and made available to the Section upon request during normal business lours. 30. The owner or operator must maintain a record of the amount of solid waste received at the MSW combustion facility compiled on a monthly basis. Scales must be used to weigh the amount of waste received. 31. On or before August 1 of each year, the permium must submit an annual facility report to the Section on forms prescribed by the Section. a. The reporting period shall be for the previous year beginning July 1 and ending June 30. b. The annual facility report must list the amount of waste received and combusted, and the amount of ash landfilled in tons and be compiled: i) On a monthly basis. ii) By county, city or transfer station of origin. iii) By specific waste type. iv) By diversion from the waste stream to alternative management facilities. Attachment C DEQ Contract 69m New Hanover County WASTEC FSCIRy PerrWt No: 6505 -HH—W 2D13 F'ernth is Operets Aprn115, 2013 Page 13 of 13 DIN10770 C. The completed report must be forwarded to the l~nvirownental Senior Specialist for the facility by the date due on the prescribed annual facility report form. d. A c®py of the completed report must be forwarded to each county manager for each cc+unty front which waste was received at the facility. Documentation that a copy Of the MWrt has been forwarded to the county managers must be sent to the Environmeaital Senior Specialist by the date Niue on the prescribed annual facility re -t form, - Er>a' of pw nrit Condifions NTEM"A OVER COUNTY FINANCE DEEP ARTJIrffi-N7F 130 GoVeamat. Owter Drive Suite 165 wiftaftwM?W 21W3 Ttdg'Phone: (9101798-7197 Fax,, (910) 798-7806 January 19, ZOI6 Attachment C DEG Contract 6904 U;a WvrtZbjjCher, Celt iefFinaneal D"ficM Blutz-a D. XcOvm CPA DMity , Chief FivancW 04—Eoer JMztfer P.. 1oferco3, C:pA C-.Pmy Chief Fina=al off,= 1 ills label shtkli'certify that 100% of the North Carolina S01,_d Waste Disposal Tax pmceeds recelved 6 1 Hew,-Janover CaaaLy ary used only for solid waste Management purposes. These funds, upon recelpt, are deposited as Mvenues In the Environrnental Wftagefnent depattme�jt 1,udjet. nunesa,re ult,111,ted m part of the enterprise fund suppiorting solld wn e Minagement functions to Include landfill and recycling operations. Funds are not used for any programs other than solid waste management. Jisa Wurabncber Chje; Financial Officer New Hanover County . .......... Dan Wilcox t A .t�G4YH' � Torn Bridges t'rnowd .lkrpher m t Sieve Shuttleworth Camoe•6l :tfl�gher 41, OWN OF CAROLINA REACH 1121 N. Vice Park Boulevard Carolina Bea6, North Carolina 28128 910 458 2996 FAX 910 458 29977 January 6, 2016 To: Joe Sulleyman, New Hanover County Landfill Re. `support for Proposed Mobile household Hazardous Waste removal Mr. ulleynian. Attachment C DEQ Contract 6904 LeAnn Pierce ,1 farm Pro Tern Gar} M etsch Compled Ale n6er Michael Cramer 7'ou-n .t lawgrr The Town of Carolina Leach would like to express strong support for the New .Hanover County p7 aposed mobile hazardous waste program- Suaha a program would offer a tremendous service to the Town and would facilitate the removal of such waste from the residential properties. A mobile unit could easily be accommodated, on a scheduled basis, on Town property Without creating a great deal of disturbance. Considering the value of real estate, staffing demands and ar -,e tiSw,y permits for this type of program in house, your proposed mobile disposal unit would provide a very viable and needed solution to our concerns for hazardous waste within our community. Town staff would be more than willing to aid in public education. scheduling and logistical support for the program, in order to ensure the success of the program, We look forward to continuing the good working relationship with New .Hanover County. If I can provide arty further expansion on this topic, feel free to contact me. Sincerely. Michael Cramer Town Manager Town of Carolina Beach vVildiun Stale, III Mayer Elizabeth Mg AWafr w Lisa Weeks A3dMwe ,January 8, 2016 N OF WMG*rM,7UY, BEACH PoA Offieee Box 696 321 tuisavay Drive Wrightsville Bewh, Narth Carolina 20480 (910)239-1304 FAX (010)256.7910 Mr. Joe Suieymen Director, NHC Environmental Management 3002 Highway 421 North 1l 11mington, NC 28401 ?ear Mr. Suleyman, Attachment C DEQ Contract 6904 DMA Mgt, Mayor Pro Tam Hank Miller Alderman Tim Owens TQWDMMWW It L9 my understanding that the County may be considering implernetr ng F, mobil. hazprdous taste removal prograrn. 'she Town would strppor# tails endeavor and wo -; with the County to fired a location that works for aJ(. The Town now of ers tilis type of program once every, two gears at a cOat Of $5,040 per o=vrrer)n e. This will ulftimately save the property owners of Wrightsville 8tach money and provide a more frequent sr:d better level of service, If we rant assist fulrtfiler, please contact me at (910)239- 17'70. Sick , 71 th Owens To 4anager Attachment D DEQ contract 6904 CERTIFICATION of ELIGIBILITY Under the Iran Divestment Act Pursuant to G.S. 147-86.59, any person identified as engaging in investment activities in Iran, determinet! by appearing on the Final Divestment List created by the Stale Treasurer pursuant to G.S. 147-86.58, is ineligible to contract with the State of North Carolina or any political sl- bdivision of the State. The Iran Divestment Act of 2015, G.S. 147 -86.55 et seq.* requires that each vendor, prior to contracting with the State certify, and the undersigned on behalf of the Vendor does hereby certify, to the following: 1. that the vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran; 2. that the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List; and 3. that the undersigned is authorized by the Vendorto make this Certification. Vendor: Signature ---- pate L i sa ..�, Esc i 'L l.' f. "L, l li ineit� �icer Printed Name Title The Mate Treasurer's Final Divestment List can be found on the State i reasurer's website at the address: and will be updated eery 180 days. For questions about the Department of state Treasurer's Iran Divestment Policy, please contact Meryl Murtagh at A4ery1,Mvrt 9h@nCtreosurer,corn or I, 919 j $14-3352. Note: Enarted by Session Law 2015 -118 as G.S. 143C-55 etseq., but has been renumbered for codification at the direction of the Revisor of Statutes.