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<br />Attachment D <br />Standard Provisions and Assurances <br /> <br />as that is not the sole intent of the program.Activities related to the Disposal of Municipal <br />Solid Waste. Funds providedunder this Agreement may not be used for activities related <br />to the disposal of municipal solid waste. This restriction includes: solid waste collection and <br />transportation to a disposal facility; waste combustion (incineration or waste-to-energy); <br />processing for reducing the volume of solid waste which is to be disposed of; any landfill <br />related 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, and small <br />registered transfer stations. In addition, activities that would otherwise be eligible for <br />funding, such as recycling, but that are located at a disposal facility may be funded. <br /> <br />(e) 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 <br />from TNRCC. This provision, however, does not apply to projects or activities <br />that may be located at a permitted facility that, by themselves, would not require <br />a permit and would otherwise be eligible for funding. <br /> <br />(n Projects Requiring TNRCC Registration. Projects or facilities that require <br />registration with the TNRCC under state regulations, and which are otherwise <br />eligible for funding, may be funded as an implementation project. However, only <br />those expenses related to design and engineering work necessary prior to <br />obtaining a registration may be reimbursed by A TCOG before the registration is <br />finally received. No actual site development, construction, equipment purchase, <br />or similar expenses may be reimbursed prior to and until such time that a <br />registration is received. <br /> <br />(g) Projects that Create a Competitive Advantage Over Private Industry. In <br />accordance with Section 361.014 (b) of the Texas Health and Safety Code, a <br />project or service funded under this Agreement must promote cooperation <br />between public and private entities and may not be otherwise readily available <br />or create a competitive advantage over a private industry that provides recycling <br />or solid waste services. Under this definition, the term private industry includes <br />non-profit entities. <br /> <br />(h) Supplanting Existing Funds. Funds may not be used to supplant salaries of an <br />existing staff position" where the functions assigned to that position will not <br />change. Staff positions where the assigned functions will remain the same and <br />that were active at the time of the grant application, and were funded from a <br />source other than a previous solid waste grant, are ineligible for grant funding. <br />Acquisition of Goods and Services. Recipients of funds under this <br />Agreementmust comply with all state and local laws and regulations pertaining <br />to the acquisition of goods and services. In recognition of the requirement that <br />projects not create a competitive advantage over a private industry, it is a goal <br />of this program that competitive processes be used to the extent possible for all <br />purchases using grant funds. In addition, grant recipients are encouraged to <br /> <br />Page 30 of 50 <br />