1998-116-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 13TH DAY OF APRIL

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Attachment D Standard Provisions and Assurances (d) (e) (f) (g) (h) (i) Programs Solely Related to Collection of Certain Special Wastes. Funds provided under this Agreement may not be used for programs and activities solely related to the management of scrap tires, used oil, oil filters, antifreeze, lead-acid batteries, or other special wastes excluded from disposal in MSW landfills. However, collection of these materials may be included as part of a comprehensive household hazardous waste collection and management program, so long as that is not the sole intent of the program. Activities related to the Disposal of Municipal Solid Waste. Funds provided under this Agreement may not be used for activities related to the disposal of municipal solid waste. This restriction includes: solid waste collection and transportation to a disposal facility; waste combustion (incineration or waste- to-energy); processing for reducing the volume of solid waste which is to be disposed of; any landfill related facilities or activities including the closure and post closure care of a landfill; or other activities and facilities associated with the ultimate disposal of municipal solid waste. However, this provision does not apply to activities specifically included under an authorized project category, to include landfill scales, citizens' collection stations, and small registered transfer stations. In addition, activities that would otherwise be eligible for funding, such as recycling, but that are located at a disposal facility may be funded. Projects Requiring a TNRCC Permit. Funds provided under this Agreement may not be used for expenses related to projects or facilities that require a permit from TNRCC. This provision, however, does not apply to projects or activities that may be located at a permitted facility that, by themselves, would not require a permit and would otherwise be eligible for funding. Projects Requiring TNRCC Registration. Projects or facilities that require registration with the TNRCC under state regulations, and which are otherwise eligible for funding, may be funded as an implementation project. However, only those expenses related to design and engineering work necessary prior to obtaining a registration may be reimbursed by A TCOG before the registration is finally received. No actual site development, construction, equipment purchase, or similar expenses may be reimbursed prior to and until such time that a registration is received. Projects that Create a Competitive Advantage Over Private Industry. In accordance with Section 361.014 (bl of the Texas Health and Safety Code, a project or service funded under this Agreement must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition, the term private industry includes non-profit entities. Supplanting Existing Funds. Funds may not be used to supplant salaries of an existing staff position, where the functions assigned to that position will not change. Staff positions where the assigned functions will remain the same and that were active at the time of the grant application, and were funded from a source other than a previous solid waste grant, are ineligible f<6r grant funding. I jl Page 30 of 45 .Ii !