NCTCOG REGIONAL SOLID WASTE MANAGEMENT PROGRAM FY2012-13 FUNDING PROCESS The North Central Texas Council of Governments (NCTCOG) is a voluntary association of, by and for local governments, and was established to assist local governments in planning for common needs, cooperating for mutual benefit, and coordinating for sound regional development. NCTCOG's purpose is to strengthen both the individual and collective power of local governments and to help them recognize regional opportunities, eliminate unnecessary duplication, and make joint decisions. NCTCOG serves a 16-county region of North Central Texas around the two urban centers of Dallas and Fort Worth. NCTCOG has over 240 member governments including all 16 counties, numerous cities, school districts, and special districts. Among its responsibilities, NCTCOG is the state-designated planning agency for municipal solid waste management for its region, as are the other 23 regional councils in Texas for their regions. Advising NCTCOG s Executive Board on solid waste issues is the Resource Conservation Council (RCC), with membership from local governments, the private service providers, special districts, school districts, environmental and public interest groups. Each biennium, the State Legislature reviews the status of the regional solid waste program and appropriates funds collected from tipping fees at solid waste facilities statewide. The Texas Commission on Environmental Quality (TCEQ), which oversees the municipal solid waste program for the state, receives one-half of the appropriated funds for its work. The remaining half is allocated statewide based on a formula recommended through the Texas Association of Regional Councils and approved by TCEQ, with consideration to population, number of local governments, waste generated and other factors. For each of the FY2012 and FY2013 state fiscal years (beginning September 1 st of 2011 and 2012 respectively), NCTCOG has been allocated approximately $2 million based on the formula. As the regional planning agency, NCTCOG has a myriad of responsibilities per state regulations and guidance, not the least of which is to prepare a comprehensive regional solid waste management plan for TCEQ approval. NCTCOG regularly updates this document entitled the Regional Solid Waste Management Plan for North Central Texas. A portion of allocated funds are used by NCTCOG to fulfill these planning responsibilities. The majority of funds are made available to eligible local governmental entities to accomplish the goals of this Regional Plan through implementation grant projects. Using a format provided by TCEQ, the following pages outline the funding process plan to be used by NCTCOG for FY2012-2013. Notice of a public meeting to discuss this draft has been mailed to all eligible entities, as well as the notice published in local newspapers as required, and this material is available at NCTCOG s Website. The RCC will consider comments and make recommendations to the NCTCOG Executive Board, who in turn will approve this funding process and will forward it to the TCEQ for concurrence. Any questions/comments should be addressed to: Samuel Brush, Manager of Environment and Development, at sbrush@nctcog.org or faxed to 817/695-9191. 1
I. General Information A. Date: January 26, 2012 for action by the NCTCOG Executive Board B. COG: North Central Texas Council of Governments C. Total Fiscal Year State Allocation: FY2012: $1,055,244 FY2013: $1,055,244 D. Program Budget Allocation: Allocation % of Total FY 2012 Regional Coordination Program Budget $ 421,786 40% of Total FY 2012 Solid Waste Program Administration FY 2012 Closed Landfill Inventory Budget FY 2012 Regional Plan Amendment Budget FY 2012 Implementation Projects Budget $ 633,458 60% of Total FY 2013 Regional Coordination Program Budget $ 421,786 40% of Total FY 2011 Solid Waste Program Administration FY 2011 Closed Landfill Inventory Budget FY 2011 Regional Plan Amendment Budget FY 2013 Implementation Projects Budget $ 633,458 60% of Total II. Project Priorities A. Regional Solid Waste Management Plan Priorities NCTCOG is the state-designated planning agency for municipal solid waste in the 16-county region surrounding the cities of Dallas and Fort Worth. As such, NCTCOG is responsible for implementing the Regional Solid Waste Management Plan for North Central Texas, which was formally adopted by the NCTCOG Executive Board in June 2002. The Regional Plan lays out a vision of success for solid waste management that provides strategies for addressing common regional problems and promoting coordinated approaches in dealing with the management of municipal solid waste. This vision is: Purchased materials are reused and recycled wherever possible, illegal dumping is significantly reduced, and remaining waste is handled in a safe manner at authorized facilities. The solid waste advisory committee for North Central Texas, the Resource Conservation Council (RCC), through input provided by three subcommittees, has determined the funding priorities for the eligible project categories for this reimbursement program. The RCC established defined project categories that are based upon the eligible allowable projects as per TCEQ guidelines. The general types of projects allowed by the TCEQ eligible for funding under this program are listed on the following page. A comparison of each TCEQ funding category is shown below with the corresponding goal from the Regional Plan. 1. Regional Plan Time to Recycle goal Source Reduction and Recycling (TCEQ) Household Hazardous Waste (TCEQ) 2. Regional Plan Stop Illegal Dumping goal Local Enforcement (TCEQ) 2
Litter and Illegal Dumping Cleanups and Community Cleanup Events (TCEQ) 3. Regional Plan Assuring Capacity for Trash goal Citizens Collection Stations and Small Registered Transfer Stations (TCEQ) Local Solid Waste Management Plans (TCEQ) The following TCEQ categories can apply to any of the three Regional Plan goals Technical Studies Educational and Training Projects Project Funding Minimum/Maximum: There is a maximum funding limit for any one project of $125,000; the project award-funding minimum that can be requested is $15,000. The cost effectiveness and overall value of each project will be considered in the ranking process, irrespective of the type or size of the project. B. Project Priorities Identified in the Regional Solid Waste Management Plan The Regional Solid Waste Management Plan identifies three major goal areas to be implemented over the next twenty years -- Time To Recycle, Stop Illegal Dumping and Assuring Capacity for Trash. The funding priorities are presented as clear directives to fulfill these three major goals. Each objective has Action Recommendations that identify specific ideas from which an eligible applicant can select their project concept to be considered for grant funding. Project applicants may choose one of these Action Recommendations to develop a project proposal that implements that particular objective for one of the three Regional Plan goals. These goals are: Time to Recycle, Stop Illegal Dumping and Assuring Capacity for Trash. 1: Time To Recycle goal Objective 1A: Increase citizen participation in reuse and recycling of residential waste through innovative programs. One of the most effective ways to measure the success of a recycling program is to look at the number of citizens participating in the program. Obtaining high participation rates enables cities to continue and expand basic recycling collection and processing programs. These rates can be achieved through the use of innovative programs that make recycling more convenient and provide incentives to reduce waste. Studies and research can provide local recycling programs with information that is useful to the program s planning process. This information has the ability to influence decisions such as how and where to expand recycling programs and what audiences should be targeted for outreach and education. Develop incentives that would provide greater citizen participation in and contractor promotion of recycling. Implement Contract Negotiation Guidebook for contracting recycling services. Develop and expand recycling services outside of typical curbside materials such as yard waste, organic food scraps, boxboard, etc. Objective 1B: Expand commercial recycling efforts in business and governments across the region. Waste produced from the commercial sector represents the fastest growing portion of the region s municipal waste stream. Commercial generators include a wide spectrum of activities from neighborhood convenience stores to banks and office buildings to large industries. Also included in the commercial waste stream are educational institutions, 3
government institutions, hospitals, jails, and military installations. Already composing as much as 35 percent of the region s municipal waste stream, commercial waste will only become more of a concern as its production continues to grow. More efforts should be directed toward reducing the output of this significant source of waste. Promote sustainable management practices for businesses concerning waste reduction and recycling. Establish recycling programs for cities, counties, school districts and special districts as mandated by the state. Implement food waste and organics composting programs. Target specific activity groups, such as hotels, convention centers, airports, etc. to establish waste minimization and recycling programs. Objective 1C: Use outreach and education programs to facilitate long-term changes in attitudes about source reduction, reuse and recycling. Outreach and education programs enable the public to better understand and participate in waste prevention, reduction, reuse, and recycling programs. Education can motivate constituents to realize the potential economic opportunities and environmental benefits of waste prevention, reduction, reuse, and recycling. Part of this education should encourage local businesses to prominently display recycled products and educate consumers to buy recycled products. To improve effectiveness of our outreach and educational efforts, publications and programs need to be evaluated and revised regularly. In a growing region, audiences tend to change over time and these education tools will need to be updated to reach new target audiences. Help major companies and local governments implement environmentally sustainable purchasing practices. Develop new or expanded programs that promote public awareness of the benefits of recycling and waste reduction. Objective 1D: Promote innovative technologies to reduce waste. New and innovative technologies are critical to support our objectives to reduce waste. Innovative technologies can provide opportunities to increase waste prevention, reduction, reuse and recycling, thereby reducing the need for disposal capacity. New technologies can also improve the effectiveness of collection, processing, recycling, and remanufacturing. Create and maintain collaborative partnerships for development of innovative recycling and waste management techniques and technologies. Develop and implement innovative technology projects that reduce waste and increase the reuse or recycling of hard-to-manage wastes and materials. Objective 1E: Expand collection and management of special wastes. Certain materials that are routinely thrown away should be diverted from the municipal waste stream. Collection programs for products commonly known as Household Hazardous Waste (HHW) have been established throughout parts of the region. HHW programs should continue to be made available to all cities in North Central Texas. Waste management options for materials such as tires, sludge, electronic waste, yard waste and other special wastes should be developed and implemented. Projects should not duplicate programs developed through Product Stewardship Legislation. 4
Develop ongoing and sustainable programs for collection and disposal of HHW beyond one day events. Develop composting programs (collection and processing) of organic waste such as food scraps, yard waste, brush, etc (beyond one day events). Develop ongoing and sustainable tire recycling programs. 2. Stop Illegal Dumping goal OBJECTIVE 2A: Facilitate public awareness and education opportunities to reduce illegal dumping. Informing the public of the costs and health concerns associated with environmental crimes and illegal dumping helps to draw increased attention to this regional problem. Developing educational training sessions not only for the public, but also for law enforcement, prosecutors, and judges help to create a greater awareness of illegal dumping and its associated problems. Media campaigns, an enhanced Stopping Illegal Dumping Website, and publicizing successes in stopping illegal dumping all help to broaden this awareness. Find avenues to offer regional training opportunities for law enforcement, prosecutors, judges, and policy makers which provide professional continuing education credits to meet state certification programs. Support youth education and activities within local school districts, private schools and public/private organizations; and support programs that educate residents, construction companies, property owners, and businesses on the proper collection and disposal methods for the region using instructional videos and promotional items. Support SID educational activities and public awareness: through the media publicizing penalties, recent illegal dumping cases and chronic dump sites; regularly sending press releases for SID events/activities; providing media kits to local governments; focusing messages using slogans and emblems such as in SID signs and brochures; by enhancing information on NCTCOG website. Encourage participation with statewide initiatives of Keep Texas Beautiful and TCEQ to connect public awareness at the regional level to statewide efforts. Objective 2B: Increase coordination between cities and counties through enforcement groups as well as political and organizational entities to reduce illegal dumping. Cooperative efforts between enforcement groups and other political and organizational entities help to decrease duplication of services while maximizing efforts to stop illegal dumping. An example of this could be an area task force between numerous agencies to help stop illegal dumping. Law enforcement agencies also need to work with their city attorney's office, district or county attorney's office, and judges that hear illegal dumping cases, as well as elected officials so all can be more informed of the problems associated with environmental crimes and illegal dumping. Encourage the use and development of regional and sub-regional task force enforcement groups, focus group forums and coordinate the local governments reporting efforts. Assess model ordinances regarding illegal dumping and implement changes to strengthen local illegal dumping laws. Provide a forum between local governments, the NCTCOG Regional Training Academy, and local police associations; and support regional efforts to connect groups such a Keep Texas Beautiful forums, regional conferences and meetings of professional associations. 5
Objective 2C: Reduce the number of illegal dump sites and expand clean-up events through public and private partnerships. Clean-up events make it easier to enlist the public s help into cleaning up their own community by giving them a sense of ownership in their surroundings. Past events such as the Trinity Trash Bash have helped to create a greater awareness in collecting litter and illegally dumped trash, and bring greater understanding to the problems that are caused. Existing illegal dump sites need to be cleaned up and can also be coordinated through these types of events. Local governments are able to identify typical dumpers and develop implementation strategies that can be employed to reduce illegal dumping problems by referring to the NCTCOG Targeted Illegal Dumper Study. This study may be accessed at (http://www.nctcog.org/envir/seelt/studies.asp). Expand clean-up events through coordinated efforts by local and regional agencies, and provide promotional assistance from all levels of government. Conduct regional and local studies to quantify costs of cleaning litter and illegal dump sites. Facilitate local cleanups of chronic illegal dump sites and coordinate clean-up efforts to remove wastes. Objective 2D: Promote increased enforcement against illegal dumping crimes. Illegal dumping is just that - it is unlawful. The state legislature addressed this problem by enhancing the penalties against illegal dumping, but to really curtail the problem increased enforcement is needed throughout the region. The entire law enforcement community should be more familiar with the laws regarding illegal dumping crimes and should enforce those laws more routinely to make it more costly to dump unlawfully than it is to legally dispose of the waste. Creating local environmental enforcement programs where they are unavailable can enhance enforcement capabilities. When setting up an environmental enforcement program, providing equipment and paying the salary of a newly created environmental enforcement position are a couple of suggestions that will greatly enhance the program s opportunity to succeed. In other well-established programs, however, additional equipment items may be needed to help further their effectiveness, which also can be addressed. Provide opportunities in the region for the use of environmental trainers to promote prosecution of environmental and illegal dumping crimes. Coordinate development of environmental enforcement programs for each county and city within the region by funding salaries with priority towards supporting the initial start-up of enforcement programs; or incorporation of significant new program components. Meet the needs for equipment in the region with priority towards supporting the initial start-up of enforcement programs or incorporation of significant new program components. 3. Assuring Capacity for Trash goal Objective 3A: Facilitate the development and implementation of local and sub-regional integrated solid waste management plans. Developing and implementing local and sub-regional solid waste management plans will help local governments look to the future and design a framework of actions to assist and guide areas throughout the region in their solid waste decisions. These plans would identify information to help the local government deal with area-specific needs, assess adequacy of existing waste 6
management facilities and practices, set strategies for addressing problems, and recommend actions to encourage and achieve a greater degree of waste minimization and recycling. By developing and implementing plans, the region will be more readily able to manage and mitigate the impacts of solid waste on public health, safety, and the environment. Assist local governments to evaluate or study local integrated solid waste management plans. Assist local governments in developing strategies to deal with impacts of disasters on solid waste management. Develop opportunities for integrated planning with internal and external stakeholders through instructional forums and provide assistance on data management issues. Objective 3C: Promote integrated waste management practices and provide ample and convenient collection and disposal options in rural and underserved areas. With the amount of trash generated in the region, integrated waste management practices need to be promoted. Some areas in North Central Texas have insufficient solid waste services. More options for collection and disposal are needed to help control the amount of solid waste illegally dumped throughout the region. This can be accomplished through initiatives such as the development of additional transfer and citizen collection stations for more convenient disposal options. Insufficient disposal options are a common issue as local governments deal with increasing amounts of both residential and commercial waste generated by a growing population. With the population of the region heavily relying on landfill disposal, service areas should be evaluated and prioritized based on capacity need. Integrated waste management practices also need to be put in place region wide. In order to better address these issues, NCTCOG conducted a Rural and Underserved Area Disposal Needs Study to provide local governments in this region with information on current and future needs for solid waste disposal and collection services in the rural and underserved areas. This study may be accessed at (http://www.nctcog.org/envir/seelt/studies.asp). Assist communities by encouraging the use and development of transfer stations and citizens collection stations, particularly in underserved or rural areas. Support programs to assist in the planning, designing and financing of citizens collection stations. Support programs to provide adequate levels of brush and/or bulky collection services. III. Project Selection Process The Regional Plan establishes the funding priorities by the NCTCOG for implementation projects, and such projects must be consistent with this document. The Plan includes three strategic goals, with key objectives and the actions recommended to accomplish these objectives. For the FY2012-13 funding cycle, the project selection process will begin with the completion of a full project application by an applicant, along with a resolution or court order from the local governmental entity. An open, competitive process will be used to request projects for targeted funds implementing the Regional Solid Waste Management Plan for both the FY2012 and the FY2013 cycles. This cycle, the Resource Conservation Council has adopted several changes to the project selection process. Both the FY2012 and FY2013 project selections will draw from one project selection process, which is scheduled to begin with the release of the Request for Applications on February 20, 2012. RFAs and project application forms are made available to eligible local governmental entities on NCTCOG Web site: www.nctcog.org/envir/seelt/funding/application.asp or by regular U.S. Mail upon request. 7
From February 20 - March 30, 2012 NCTCOG staff will be available by appointment to assist applicants (either at NCTCOG or at applicant s office). April 6, 2012 - Project applications and resolutions/court orders are due to NCTCOG by 5 p.m. RCC members will convene for their monthly meeting in May to review the rank order results for the FY2012-13 cycle. Total available funds are awarded to top-ranked projects until all the 2012 funds are allocated. The rankings and allocations will be recommended to the NCTCOG Executive Board for approval at their regular monthly meeting. Unlike previous Funding Cycles, the projects falling below the cut-off for funding during 2012 will be considered by rank order for 2013 funding. These 2013 applicants, taken from the combined project request process, are subject to the additional requirement that their projects must be completed between September 1, 2012 (when FY 2012 funds become available) and July 28, 2013. The Regional Solid Waste Management Plan will be utilized as the basis for selecting and funding implementation projects. Notification of this funding will be sent to all known private sector contacts, as per state requirements. NCTCOG staff will provide all administrative support for logging, sorting, batching, and processing all project applications when received. The project funding cycle is being advertised in local newspapers, and direct mail notices are being sent to all eligible entities in North Central Texas. The funding cycle will begin upon TCEQ approval of this Funding Plan with a call for applications. Applicants must score a minimum of 70 points to be considered for funding. RCC members who may have a conflict of interest when reviewing an application will abstain from scoring. As the scores are tabulated by NCTCOG staff, the highest and lowest score received for an application will be dropped as an additional measure to ensure fairness. The Resource Conservation Council has also determined that during the FY 2012 FY 2013 funding cycle technical studies should be allowed only if they have an implementation component and or can demonstrate results. Education and training projects should be allowed and should have measurable results. The RCC will review, score and rank all applications based on the following scoring criteria: Project description, including work scope and timeline: Up to 55 points Project sustainability after grant: Up to 25 points Overall budget page and detailed budget information: Up to 20 points Total criteria score = 100 points maximum If an applicant is awarded funding, all reporting and reimbursement documentation for local implementation projects must be completed and a Release of All Claims submitted to NCTCOG to provide sufficient time to close the books by the end of the state biennium. Non-competitive funding may be allocated by the RCC for projects that will benefit the entire region. In an effort to benefit multiple local governments with their solid waste management requirements and to further the goals of the Regional Plan, some regional projects may be undertaken by NCTCOG over the course of the funding cycle that will focus on various aspects of the Plan. 8
IV. Private Industry Considerations Cooperation continues to be promoted between public and private entities. NCTCOG maintains a contact list of private service providers in North Central Texas. These private entities are invited to submit comments and attend public meetings to discuss their concerns and issues. The list of providers is made available to all project applicants. The following process will be followed in order to alleviate private industry concerns with TCEQ funded projects: 1. During the Request for Projects Process: NCTCOG will inform all known private service providers of the following: (1) availability of project funds; (2) the timeframe allowed for eligible organizations that submit applications to NCTCOG; and, (3) the date of the scoring meeting at which those applications are to be reviewed and ranked by NCTCOG s solid waste advisory committee, the Resource Conservation Council. NCTCOG will require project applicants to contact all known private service providers in the area if their project falls under the specified categories. The applicant must provide documentation showing that efforts had been made to notify these private service providers and their response. A copy of the response letter must be attached to the application. 2. Once the Project Applications are Received: NCTCOG staff will review applications to verify that they meet all required procedures, including the information regarding the notification of the private service providers. A list of all applications will be issued by NCTCOG to the private service providers outlining who the project applicant is and the title of the project. This list will be provided to the known private service providers in the region, and they will be invited to view these applications at the NCTCOG Public Information office for a ten-day period before the date of announcement of the ranking list at the RCC meeting. NCTCOG will inform these private service providers that they may obtain a full copy of an application with which they have concerns; NCTCOG photocopying will be billed at 10 per page. 3. Protested Applications: All private service providers comments will be forwarded to the RCC s Local Project Funding Subcommittee along with the applications to which they refer. The Local Project Funding Subcommittee will meet to discuss and make recommendations concerning these projects to the RCC. Private service providers are encouraged to make oral comments at this meeting. The RCC makes a determination about the projects and will then forward a recommendation to the NCTCOG Executive Board. The Executive Board may either accept or override the RCC s recommendation. Private service providers are allowed to make oral comments at the Executive Board meeting in which these projects are considered. The Executive Board shall then notify the private sector provider, in writing, of the determination and inform them that they have ten (10) days to appeal this determination on any of the following grounds: a. The project does not promote cooperation between public and private entities; b. The service is readily available in the proposed project service area; and/or, c. The project creates a competitive advantage over that private service provider in the provision of recycling or solid waste services. The TCEQ makes the final determination of the appeal and the eligibility of projects. 9
DATE October 12-13, 2011 October 18, 2011 November 10, 2011 Late Novemberearly December 2011 Late December - early January 2012 Early January 2012 January 9-13, 2012 January 19, 2012 January 26, 2012 February 16, 2012 February 20, 2012 February 20- March 30, 2012 April 6, 2012 April 12, 2012 April 13-27, 2012 May 1, 2012 May 4, 2012 May 17, 2012 May 24, 2012 FY2012 Solid Waste Implementation Grant Project Schedule North Central Texas Council of Governments (NCTCOG) ACTION Three subcommittees meet to discuss grant process and procedures for drafting FY2012-13 Regional Funding Process Document FY2012-13 Local Project Funding Subcommittee Meeting. Discuss recommendations submitted by all three goal areas addressing different ways of conducting the Solid Waste Grant Program process, grant applications, and scoring methodology RCC meeting to make comments on draft FY2012-13 Regional Funding Process Document and to discuss subcommittee recommendations on the Request for Applications (RFA) and the application form TCEQ reviews/comments on draft FY2012-13 Regional Funding Process Document RCC will send draft Regional Funding Process Document to TCEQ for final review and comment Mail notification sent by direct mail to all local governments eligible for grant funding as well as all known private entities that provide recycling and solid waste services in the region. A public notice will be published in newspapers of general circulation within the region RCC will send email to TCEQ to approve Regional Funding Process Document for public meeting Public meeting presenting Regional Funding Process Document NCTCOG Executive Board approves Regional Funding Process Document and recommends submittal to TCEQ RCC meeting to approve issuance of FY2012-13 RFA and project application forms RFAs and project application forms are available on NCTCOG s website at www.nctcog.org/envir/seelt/funding/application.asp, of can be mailed by request Project development session(s) with NCTCOG staff available by appointment to assist applicants (either at NCTCOG or at applicant s office) Project applications and resolutions/court orders due to NCTCOG by 5 p.m. RCC meeting: 1) briefing on project applications, and 2) copies provided to members for scoring with individual scoring sheets RCC member questions/issues regarding applications forwarded to NCTCOG staff for clarification Responses by NCTCOG staff to RCC member questions/issues compiled and forwarded to RCC to better assist members in the scoring process RCC scores due to NCTCOG; staff enters and tabulates scores into database to achieve ranking RCC meeting: Scoring results announced and top ranked project applications recommended for funding; list forwarded to Executive Board for approval Executive Board approves funding list; then forwarded to TCEQ for approval End of Prep Time for Implementation Projects May 25- June 8, 2012 June 11, 2012 (1 st batch of Grants) August 17, 2012 September 1, 2012 (2 nd batch of Grants) TCEQ reviews list of projects for eligibility within a ten (10) business day period and then approves list and issues project numbers NCTCOG begins to execute FY12 interlocal agreements with successful projects that scored above funding line allocation FY13 projects (those scoring above 70% but below funding line allocation) have interlocal agreements executed FY13 projects begin June 28, 2013 Projects must incur ALL expenditures by Friday, June 28, 2013 August 2, 2013 Projects close out with final report, final reimbursement request, Release of All Claims paperwork due to NCTCOG by August 2, 2013 10