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<br />Attachment D <br />Standard Provisions and Assurances <br /> <br />outlined below apply to all uses of the funds provided under this Agreement. Unless <br />authorization is otherwise specifically provided for in 'Or under terms of this Agreement, the <br />Contractor shall ensure that the use of funds provided under this Agreement is in <br />accordance with the supplemental funding standards set forth in this Article. <br /> <br />(a) Payment of Fees. Contractor must not be in arrears on payments of their solid <br />waste disposal fees to TNRCC at the time an implementation project is selected for <br />funding. <br /> <br />(b) land Acquisition Costs. Funds provided under this Agreement may not be used to <br />acquire land or an interest in land. <br /> <br />(c) Municipal Solid Waste Related Programs Only. Funds provided under this <br />Agreement may not be used for programs dealing with wastes that are not <br />considered municipal solid waste (MSW), including programs dealing with industrial <br />or hazardous wastes. <br /> <br />(d) Programs Solely Related to Collection of Certain Special Wastes. Funds provided <br />under this Agreement may not be used for programs and activities solely related to <br />the management of scrap tires, used oil, oil filters, antifreeze, lead-acid batteries, <br />or other special wastes excluded from disposal in MSW landfills. However, <br />collection of these materials may be included as part of a comprehensive household <br />hazardous waste collection and management program, so long as that is not the <br />sole intent of the program. <br /> <br />(e) <br /> <br />Activities related to the Disposal of Municipal Solid Waste. Funds provided under <br />this Agreement may not be used for activities related to the disposal of municipal <br />solid waste. This restriction includes: solid waste collection and transportation to a <br />disposal facility; waste combustion (incineration or waste-to-energy); processing for <br />reducing the volume of solid waste which is to be disposed of; any landfill related <br />facilities or activities including the closure and post closure care of a landfill; or other <br />activities and facilities associated with the ultimate disposal of municipal solid waste. <br />However, this provision does not apply to activities specifically included under an <br />authorized project category, to include landfill scales, citizens' collection stations, <br />and small registered transfer stations. In addition, activities that would otherwise be <br />eligible for funding, such as recycling, but that are located at a disposal facility may <br />be funded. <br /> <br />(I) Projects Requiring a TNRCC Permit. Funds provided under this Agreement may <br />not be used for expenses related to projects or facilities that require a permit from <br />TNRCC. This provision, however, does not apply to projects or activities that may <br />be located at a permitted facility that, by themselves, would not require a permit and <br /> <br />32 <br />