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HomeMy WebLinkAboutRES.1573.06-05-2000BILL NO. 2000-140 RESOLUTION NO. / J 73 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR A STORM WATER LOAN OR GRANT UNDER SECTION 37(e) AND/OR SECTION 37(h) OF ARTICLE III OF THE CONSTITUTION OF THE STATE OF MISSOURI AND CHAPTER 640 AND/OR 644, RSMo, FOR THE CITY-WIDE MASTER DRAINAGE PLAN WHEREAS, under the terms of the Missouri Clean Water Law, Section 644, Revised Statutes of Missouri, the State of Missouri has authorized the making of loans and grants to authorized applicants to aid in the construction of specific public storm water projects. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. That the City Manager be and he is hereby authorized to execute and file an application on behalf of the City of Cape Girardeau, Missouri, with the State of Missouri for a loan to aid in the construction of the City -Wide Master Drainage Plan. ARTICLE 2. That Michael G. Miller, City Manager, be and he is hereby authorized and directed to furnish such information as the Missouri Department of Natural Resources may reasonably request in connection with the application which is herein authorized, to sign all necessary documents on behalf of the applicant, to furnish such assurances to the Missouri Department of Natural Resources as may be required by law or regulation, and to receive payment on behalf of the applicant. h PASSED AND ADOPTED THIS DAY OF �Oae- , 20 00 GaylO L'. Conrad, City Clerk A. M. Spradling, IX1,' Mayor CERTIFICATE OF RECORDING OFFICER The undersigned, duly qualified and acting City Clerk of the City of Cape Girardeau, Missouri, does hereby certify: That the attached resolution is a true and correct copy of the resolution adopted at a legally convened meeting of the City Council held on the 5th day of June, 2000; and further that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this day of June, 2000. Gayle L. Conrad, City Clerk Sd•« MISSOURI DEPARTMENT OF NATURAL RESOURCES Hf,y1�Rb40 mem a WATER POLLUTION CONTROL PROGRAM STORM WATER GRANT AGREEMENT GRANT NUMBER CG-0105-OOG A. RECIPIENT 1. Name (legal name) City of Cape Girardeau 2. Address - 401 Independence Street Cape Girardeau, Missouri 63701 3. Authorized Representative and Phone Number Michael G. Miller, City Manager (573) 334-9020 B. STATE CONTACT AND PHONE NUMBER J. D. Schuenemeyer (573) 751-1406 C. PROJECT DESCRIPTION For development of a master drainage plan for the urbanized area around the City of Cape Girardeau. D. PROJECT COST Total Project Cost Total Eligible Cost Total Ineligible Cost Grant Amount $150,000.00 $150,000.00 $0.00 $75,000.00 I . By signing this agreement, the recipient certifies that: A. contract documents and/or contracts for professional services will conform to relevant local, state, and federal laws; B. all state storm water grant funds will be expended solely for carrying out the approved grant project; C. a professional engineer registered in Missouri has been/will be selected and will perform the services outlined in the project; D. the local share is available to complete the project. 2. All funds must be expended by July 1, 2001. 3. Grant payments will be made in no more than four installments. A. The first payment may be made when not less than 25% of the contracted or estimated cost of the plan has been completed. The completed portion of the basin plan and invoices or time cards (if done by force account) are required to process this payment. B. The second payment may be made when not less than 50% of the contracted or estimated cost of the plan has been completed. The completed portion of the basin plan and invoices or time cards (if done by force account) are required to process this payment. C. The third payment may be made when not less than 75% of the contracted or estimated cost of the plan has been completed. The completed portion of the basin plan and invoices or time cards (if done by force account) are required to process this payment. D. The final payment may be made when the final plan is submitted to and approved by MDNR. This payment request must be accompanied by supporting invoices or time cards. 4. Grants are limited to one half of eligible costs or to the grant amount, whichever is less. 5. Change orders or changes in scope of work must be approved by MDNR. Grantee agrees to pay any further expense resulting from a change order if grant amount is exceeded. 6. Projects must be in compliance with the Storm Water Assistance Regulation (10 CSR 20-4.061) and the conditions of the grant agreement. 7. Failure to expend all funds for development of the basin plan prior to July 1, 2001 will result in termination and recovery of this grant. 8. If necessary the grant amount will be adjusted downward to reflect eligibility and final costs. 9. Repayment of the grant is required if the applicant fails to obtain and meet reporting requirements of all MDNR permits for all facilities owned by the recipient. By signing this grant agreement, the grantee acknowledges and agrees to the conditions set forth herein. THE STATE OF MISSOURI HEREBY OFFERS A STORM WATER GRANT OF $75,000.00 TO THE CITY OF CAPE GIRARDEAU-0105. to Mahfood Director Department of Natural Resources Signature of Authorized Representative Name of Authorized Representative (typed or printed) / Date Date MISSOURI DEPARTMENT OF NATURAL RESOURCES STORM WATER GRANT REIMBURSEMENT REQUEST FORM (To be used with 50% grants for planning) Name of Grantee: Address Grant Number: Payment Number: Storm Water Grant payment requested (circle one): 25% 50% 90% 100% (Final) Cumulative total grant payment requested: $ Prior grant payment(s): $ Amount of this reimbursement request: $ For final payment request only—have you: obtained final approval from the Department of Natural Resources for the master planning document? completed all requirements detailed in the guidelines for this grant? Date Signature of Authorized Representative Name of Authorized Representative (typed or printed) Submit this form with pay estimates from contractors and other appropriate documentation. (Storm Water Grant Reimbursement Form (masterplans) 3-00) 10 CSR 20-4—NATURAL RESOURCES Division 20—Clean Water Commission r s= 10 CSR 204.061 Storm Water Grant and Loan Program PURPOSE: This rule sets forth the regtiire- ments and process of application for storm titater loans and grants for construction of storm water control facilities and the terms and conditions for receipt of the loan and/or grant as revised. This rule also clarifies the requirements, the types of facilities eligible for funds and the calculation used to deter- mine the amount of loan and grant available for eligible grantees. (1) Applicability. This rule defines the mini- mum requirements which apply to all recipi- ents of assistance under the state storm water grant and loan program. The recipient must satisfy more stringent requirements if re- quired to do so by the state constitution, state or local statutes, policies, rules, ordinances or orders. (2) Definitions. (A) Commission. The Missouri Clean Water Commission. (B) Department. The Missouri Department of Natural Resources. (C) Force account. Project planning, de- sign, construction or engineering inspection work performed by the recipient's regular employees and rented or leased equipment. (D) Storm water coordinating committee (SCC). A local committee or group estab- lished by eligible applicants involved in pro- ject screening and project selection. In cities over twenty-five thousand ('5,000) popula- tion, the SCC shall consist of a committee or organizational unit designated by the city manager. In St. Louis City and County, the SCC shall consist of a committee or organi- zational unit designated by the executive director of the Metropolitan St. Louis Sewer District. In all eligible counties, except St. Louis County, an SCC must be established which is representative of the county govern- ment and incorporated municipalities within the county. (3) General Requirements. (A) Jurisdictional Requirements. Storm water funds may be used for storm water pro- jects in any first class county, or city not within a county, or as specified in Article III, Section 37(h) of the Missouri Constitution. (B) Project Selection. First class counties, the Metropolitan St. Louis Sewer District (MSD) and communities within first class counties having a population of twenty-five thousand (25,000) or more shall submit storm water applications to the Department of Natural Resources (DNR), postmarked by January 2 of the fiscal year for which funds are sought. Communities and unincorporated areas within the MSD shall submit applica- tions to the district by October I of the fiscal year. Communities of less than twenty-five thousand (25,000) population and unincorpo- rated areas of the county shall submit appli- cations to their county's Storm Water Coordinating Committee by October 1 of the fiscal year. The committee shall submit the successful applications and their recommen- dation for project funding to the department postmarked by the January 2 deadline. If either date is on a Sunday, the postmark must be the next business day. The department will review the applications and submit them to the commission for approval no later than April 1 of the fiscal year. (C) Allocation of Appropriations. Original storm water appropriations and funds subject to reallocation will be allocated to each first class county by a percentage based on the population of the qualifying county in rela- tion to the total population of all eligible counties. The most recent federal decennial census will be used for all population statis- tics. Cities located within first class counties with population equal to or greater than twen- ty-five thousand (25,000) shall receive grants and loans directly in an amount equal to the percentage ratio that the city's population bears to the total population of the county. For cities or counties served by the MSD, the district shall receive the grants and loans directly. Newly appropriated funds will be fifty percent (50%) loans and fifty percent (50%) grants. Recovered and reallocated funds will retain their original loan or grant designation. (D) Storm water funds allocated under subsection (3)(C) will be recovered and real- located in whole or in part according to the percentage method contained in subsection (3)(C) if the applicant fails to meet the fol- lowing criteria: 1. All storm water funds must be award- ed to projects within twelve (12) months of the original appropriation or reallocation; or 2. All storm water funds awarded to pro- jects must have all significant construction contracts awarded within eighteen (18) months of the original appropriation or real- location or, if used for a study or plan, must expend all moneys for such study within two (2) years of the appropriation. (E) Planning Requirements. All storm water projects must be consistent with a com- prehensive storm water management plan approved by the department prior to con- struction advertising. The geographical extent of the planning area may be deter- mined by the department. Projects which are solely for bank stabilization or erosion con - trot, or other projects as determined by the department, need only provide the items list- ed in paragraphs (3)(E)2., 4., and 6. The plan should include, but is not limited to: 1. A detailed map of the drainage area showing computed drainage acreage; 2. A narrative, a plan layout and esti- mated construction costs for each proposed project; 3. Tabulated storm water conceptual design parameters for each drainage area, that is, upstream acres, runoff coefficients, time concentrations, return frequencies and so forth. Computer modeling information may be provided; 4. A recommended project improvement priority list; 5. A determination of the flood elevation changes resulting from each project, unless the Corps of Engineers has committed to remap the area; and 6. An evaluation of limited structural approaches to storm water control. The plan must analyze the use of applied geomorphol- ogy and bioengineering techniques to manage storm water. Projects that are only rehabili- tation or replacement of existing structures will require an evaluation that addresses rea- sonable geomorphological alternatives and, if this approach is not taken, a brief discussion why not. For more complex projects, the evaluation should follow guidance provided by the U.S. Army Corps of Engineers Manual EM 1110-4000, Engineering and Design—Sedimentation Investigations of Rivers and Reservoirs or an equivalent guid- ance manual. Soil bioengineering techniques as described in Bowers, H. 1950, Erosion Control in California Highways, State of California, Department of Public Works, Division of Highways, shall be used unless other appropriate guidance is used and docu- mented. The root causes of flooding, bed and bank erosion, and sediment deposition should be addressed in this plan. The plan should not exacerbate these problems by— A. Modifications to stream systems that increase bed and bank erosion in modi- fied stream sections; B. Cause these impacts in sections that are upstream or downstream of the storm management project; C. Remove or degrade aquatic habi- tat: D. Remove the pollutant removal ben- efits of vegetated stream corridors; or E. Lead to increased flooding up- stream or downstream of the storm water management project. Combinations of mea- sures can be employed to manage storm water and retain important stream functions. 36 CODE OF STATE REGULATIONS (2/29100) Rebecca McDowell Cook Secretary of State Chapter 4 ----Grants "Bioengineering" combines mechanical, bio- logical, and ecological concepts to prevent slope failures and erosion. Bioengineering techniques may use bare root stock, stems, branches or trunks of living plants on eroded slopes. Plantings may be incorporated into such configurations as a live stakings, live fascines, or living cribwall. Vegetative plant- ings and cuttings may be combined with structural elements such as eabion baskets or rock surface armoring. However, the intent should be to minimize hard structural solu- tions and allow the rooted plantings to do much of the work to hold the soil in place and retain the natural function of streams to con- vey storm water. Other storm water manage- ment options include environmental ease- ments and land acquisition. (4) Required Documents. Prior to grant award and/or loan closing, the applicant must submit a completed storm water grant/loan application to the department. The following documents must be submitted and approved by the department prior to construction advertising. Some documents may be waived by the department on a case-by-case basis if it is determined they are not needed for that project: (A) The following documents are required for a project which includes design and con- struction: 1. Construction plans, specifications and design criteria; 2. A storm water management plan pre- pared according to the requirements of sub- section (3)(E); 3. Certification by the applicant that - A. The facilities, when completed, will be owned, operated and maintained by a political subdivision eligible under subsection (3)(A) of this rule; or B. Evidence of a permanent easement and legal authority to ensure operation and maintenance of the facility; 4. Certification by the applicant that contract documents and construction bidding will conform to relevant local and state laws; 5. Certification by the applicant that all necessary easements and land have been or will be obtained prior to construction start; 6. Certification by the applicant that the applicant will construct the project or cause it to be constructed to final completion in accordance with the certified plans and spec- ifications; and (B) The following documents must be sub- mitted for all storm water grant/loan projects including grants/loans for planning: 1. Certification by the applicant that all state storm water funds will be expended solely for carrying out the approved project; 2. Certification by the applicant that a registered professional engineer has been selected and will perform the services required in section (9) of this rule; 3. Certification by the applicant that the local match is available; and 4. Certification by the applicant that any required section 404 dredge and fill permits from the United States Army Corps of Engineers or land disturbance permits from the department will be obtained prior to con- struction. (5) Eligible Project Costs. Eligible costs include the following: (A) Costs for development of a compre- hensive storm water control plan meeting the requirements of subsection (3)(E); (B) An allowance for engineering services for planning and design or invoiced amounts for a contracted engineering consultant. If these services are performed by force account, the cost will only be reimbursed by the allowance. If these services are provided by a contracted consultant, the costs may be invoiced or the allowance may be requested. The allowance for planning and design will be based on a percentage of the eligible con- struction, land, equipment, materials and supply costs identified in the bid documents or purchase contracts as determined from Table 1 or 2 as applicable. Table 1 -Maximum Eligible Amount for Comorehensive Storm Water Control Plan and Design Construction Cost Allowance As a Percentage of Construction Cost' S 100,000 or less 14.49 S 120.000 14.11 S 150.000 13.66 S 175.000 13.36 S 200,000 13.10 S 250.000 12.68 S 300.000 12.35 S 350.000 12.08 S 400.000 11.84 S 500.000 11.46 S 600,000 11.16 S 700,000 10.92 S 800.000 10.7 t S 900.000 10.52 51.000.000 10.36 51,200.000 10.09 S1.500.000 9.77 $1.750.000 9.55 52,000,000 9.37 52.500.000 9.07 53.000.000 8.83 53.500.000 8.63 54,000,000 8.47 55.000.000 8.20 56,000,000 7.98 57.000,000 7.81 58,000,000 7.66 59.000.000 7.52 • Interpolate between values 10 CSR 20-4 . Table 2-Ma.,dmum Eligible Amount Design Only Construction Cost Allowance As a Percentage of Construction Cost• S 100,000 or less 8.57 S 120.000 8.38 5 150,000 8.16 S 175,000 8.01 S 200.000 7.83 S 250,000 7.67 S 300,000 7.50 5 350,000 7.36 5 400,000 7.24 S 500,000 7.05 5 600.000 6.89 S 700,000 6.77 S 800,000 6.66 S 900,000 6.56 51,000,000 6.43 51,200.000 6.34 51.500.000 6.17 51,750,000 6.05 52,000,000 5.96 52.500,000 5.80 53,000,000 5.67 53,500,000 5.57 54,000,000 5.48 55,000,000 5.33 56,000,000 5.21 57,000,000 5.12 58,000.000 5.04 59,000,000 4.96 • Interpolate between values (C) Costs for construction -related engi- neering; (D) Construction costs including construc- tion permits as issued by DNR; (E) Land purchase or permanent easement costs required for storm water holding basins, grass -lined channels or for other limited structural storm water control projects, or buy-outs if the land purchased is restricted such that no permanent structure except for structures allowed under the Missouri Statewide Comprehensive Outdoor Recrea- tion Plan (SCORP) may be constructed with- in the easement or purchase area. Construc- tion costs related to holding basins on private land are eligible if the eligible applicant retains a permanent easement, is legally responsible for operation and maintenance of the facility, and the basin constructed is clear- ly for storm water control and not recreation- al use; (F) Costs of force account work for plan- ning, design, construction and construction engineering; (G) Demolition costs of structures located within storm water control areas provided Rebecca McDowell Cook (2/29100) CODE OF STATE REGULATIONS 37 Secretary of State K.N. N GSK 104 --NATURAL KE60URCE6 Division 20—Clean Water Commission future development of permanent structures in rhe storm water control area is restricted: (H) Local cost of issuance and capitalized interest incurred on loans administered under this rule: (1) Construction costs incurred prior to urant/loan award or DNR letter of commit- ment are eligible providing the planning and design phases of the project were reviewed and approved by the department prior to the final construction payment: (J) Planning and design costs incurred prior to grant/loan award or DNR letter of commitment are eligible providing - 1. The planning and design phase is for a facility to be constructed with funds admin- istered by this rule, or is a comprehensive city-wide plan; and 2. Costs associated with paragraph (5)(J)l. were incurred in whole or in part dur- ing State Fiscal Year 1999; (K) Up to five (5) sequential years of grant and/or loan funding may be used for the same project as long as the contract is awarded within the time frame necessary to receive the first grant and/or loan of the sequence the recipient certifies that there are adequate funds committed from other sources to com- plete the construction; the recipient commits to the original funding combination for the entire sequence of grants and/or loans; and that the recipient certifies that the project will be completed with or without the subsequent year's grant/loan funds. No more than nine- ty percent (90%) of each annual grant will be paid until the final construction is complete and acceptable final inspection conducted by the department. Final grant payment will equal the balance of all grants in the sequence up to fifty percent (50%) of the final eligible project costs; (L) Costs associated with minimizing storm water damage to sink holes; and (ivn Costs not included in subsections ;5)(A) -(L) are eligible if determined by the jepartment to be reasonable and necessary .or the project. 6) Ineligible Project Costs. Ineligible costs nclude, but are not limited to, the following: (A) Projects which divert storm water to ;inkholes or which modify sinkholes to ncrease storm water capacity; (B) Local government administration or eeal costs, including appraisals; (C) Land purchase or easement costs other han those listed in subsection (5)(E); (D) Finance costs, including capitalized aterest, for the local share to match the torm water grant if the local share is not a )an obtained through the department, or aterest costs during construction; (E) Items related to photographing or film- ing: and (F) Permits required for the ongoing oper- ation of the constructed facility(ies). (7) Grant Amount. The maximum grant is limited to fifty percent (50%) of the total eli- gible project costs or available funds, whichever is less. The recipient must provide the remaining amount needed to complete the project through a storm water loan adminis- tered by the DNR or other source of funds. Grants may be matched with other state or federal grants up to one hundred percent (100%) of the eligible project costs. (3) Loan Amount. Loans will be available in an amount up to one hundred percent (100%) of eligible project costs. Loans may be matched with state or federal grants. However, in no case will the total government assistance exceed one hundred percent (100%). (9) Engineering Requirements. (A) A registered professional engineer must prepare the storm water plan and/or design all plans and specifications for com- petitive bidding and compliance with general- ly accepted storm water design criteria. (B) A registered professional engineer or a person under the direction and continuing supervision of a registered professional engi- neer must provide inspection of construction for the purpose of assuring compliance with the approved plans and specifications. (10) Bidding Requirements. This section applies to procurement of construction equip- ment, supplies and construction services in excess of twenty-five thousand dollars (525,000) awarded by the recipient for any storm water project other than costs directly related to force account work. (A) Each contract shall be awarded after formal advertising. (B) Contract award shall be to the lowest responsive and responsible bidder. (C) Departmental concurrence with con- tract award must be obtained prior to the actual contract award if fewer than three (3) bidders submit bids or if the recipient wishes to award the contract to other than the low bidder. The recipient shall forward the tabu- lation of bids and a recommendation of con- tract award to the department for review. Executed contract documents must be sub- mitted prior to the first grant payment. (11) Grant Payments. (A) For projects utilizing one year's fund- ing which include construction and whose grants are not matched with loans from this program, payments will be made in no more than five (5) installments. 1. For grant awards which include plan- ning, design, and construction in the project scope, the first payment will be made for engineering planning and design with sub- mission of the final invoiced amount or request for allowance, on the reimbursement form provided by the department. 2. The next three (3) payments may be made when not less than twenty-five percent (25%), fifty percent (50%), and ninety per- cent (90%) of the construction of the project is completed. Payment must be requested on the form provided by the department and sub- mitted with sufficient documentation. Reimbursement amounts shall be based upon percentage of the grant funds remaining after the first reimbursement is deducted. Projects which include planning only, grant payments will be made in the three (3) installments list- ed in this subsection based upon invoiced amount. 3. A final payment may be made when the project is completed and a final inspection is conducted by the department or approval obtained for the management plan. (B) For projects which include basin plan- ning only and whose grants are not matched with loans from this program, reimbursement will be made at 25, 50, 90 and 100% of plan completion as evidenced by invoices. (C) Payments at no time shall exceed fifty percent (50%) of the eligible project cost incurred at the time payment is requested. (D) Any cost of work completed after the final inspection by the department shall not be considered as part of the eligible project cost. (E) An audit to verify eligible project costs will be made at the time of final payment and the grant adjusted downward, if necessary, to reflect actual costs. (12) Loan Requirements. (A) Loans shall be administered in accor- dance with the provisions in 10 CSR 20- 4.041 or 10 CSR 20-4.042 with exception that final payment will be made only after the project is completed and a final inspection is conducted by the department. (B) Loans must be secured with an accept- able debt instrument including revenue or general obligation bonds or debt issued pur- suant to Environmental Improvement and Energy Resources Authority's (ELERA) SRF program policy on annual appropriation - backed debt. Other financing securities will be reviewed on a case-by-case basis. Tax Increment Financing (TIF) security structures will not be considered. Loans must be amor- tized over twenty (20) years or less from loan CODE OF STATE REGULATIONS (2/29/00) Rebecca McDowell Cook Secretary of State closure. Repayment must begin within one (1) year of loan closing. (C) The commission may direct that exist- ing and/or future loans be leveraged through the Environmental Improvement and Energy Resources Authority. (D) Loan payments will be made no more frequently than monthly. Grants matched by loans under this program will be paid simul- taneously with loan payments. (13) Repayment of Grant. Repayment of the grant is required if the applicant fails to obtain and meet reporting requirements of all DNR permits for all facilities owned by the recipient. The grant may also be required to be repaid at a straight line depreciated rate if the facilities constructed with grant funds are sold to private ownership. AUTHORITY sections 644.026 and 644.031, RSMo Supp. 1998. * Original rule filed .lune 9, 1999, effective March 30, 2000. *Original awhoriry: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995 and 644.031, RSMo 1977 amended 1989, 1995, 1999. 10 CSR 204.070 Sales Tax Exemption PURPOSE: This rule sets forth the system used by the commission to determine eligibil- ity for sales tax exemption for items pur- chased for the purpose of preventing or abat- ing water pollution control. (1) Eligible Applicants. Individuals, contrac- tors, corporations, industries, or public enti- ties constructing or purchasing equipment for treatment of wastewater in Missouri may apply for sales tax exemption certification. (2) Application Process. Sales tax exemp- tions for wastewater treatment equipment and supplies shall be requested on the application form provided by the Department of Natural Resources (DNR). The application shall be submitted to the Department of Natural Resources, Water Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102. (3) Approval or Denial of Certification. The department will review the application and approve or deny the sales tax exemption request. If approved, the department will notify the Missouri Department of Revenue which will forward a Missouri Sales/Use Tax Exemption for PolIudon Control certification to the applicant. If the application is denied, the department shall send written notice to the applicant. Applicants who are denied a sales tax exemption shall have a period of thirty (30) days from the issuance date of the notice of denial to file a written appeal of the denial to the Missouri Clean Water Commission, P.O. Box 176, Jefferson City, MO 65102, see 10 CSR 20-6.020(4) and (5). (4) Except as specified in section (5). machinery, equipment, appliances and devices purchased or leased and used solely for the purpose of preventing, abating or monitoring water pollution, and materials or supplies solely required for the installation or reconstruction of such shall be eligible for sales tax exemption if they also meet one (1) of the criteria listed in subsection (4)(A), (B) or (C): (A) The machinery, equipment, appliances or device is a portion or all of a water pollu- tion control facility required or authorized by a permit, letter of authorization, enforceable agreement with the owner, or court order under authority of Chapters 640 and 644, RSMo and the implementing regulations; (B) The machinery, equipment, appliances or device is a portion or all of a facility pre- treating wastewater prior to its discharge into central sewers; or (C) Individual home treatment systems and components thereof. (5) With the exception of those activities specified under (4)(A) above, the machinery, equipment, appliances or devices listed below are not eligible for water pollution control sales tax exemptions. (A) Landfill liners, caps, leachate collec- tion and treatment systems, and closure costs. (B) Leak detection and containment devices and site remediation for underground storage tanks and aboveground storage tanks. (C) Machinery, equipment, appliances or devices which conserve soil, protect soil from contamination, or which prevent migra- tion of contaminated soils or soil contami- nants. (D) Storm sewers. (E) Potable water systems or components thereof with the exception of sludge treatment facilities. AUTHORITY sections 144.030 and 644.026, RSMo Supp. 1997 and 144.062, RSMo 1994. * Original rule filed Nov. 3, 1997, effective July 30, 1998. *Original authority: 144.030 RSMo, 1939 amended 1941, 1943, 1945, 1949, 1961, 1965, 1967, 1969, 1977, 1979, 1980, 1982, 1983, 1985, 1986, 1988, 1989. 1991, 1994, 1995, 1996, 1997,• 144.062, RSMo 1988, amended 1994, and 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995. Rebecca McDowell Cook (2129100) CODE OF STATE REGULATIONS 39 Secretary of State STATE OF MISSOURI Mcg <:: ,:a: ,. (-,mcmm • Stephen M n,:a,it,<<i. ufrrcu,r DEPARTMENT OF NATURAL RESOURCES OFFICE OF THE DIRECTOR P.O. I3ox 176 Jefferson City, MO 65102-0176 May 15, 2000 Mr. Michael G. Miller City Manager 401 Independence St. Cape Girardeau, Missouri 63701 Re: Storm Water Grant Number CG-0105-OOG Dear Mr. Miller: On behalf of the Department of Natural Resources, I am pleased to offer the city of Cape Girardeau a grant of $75,000.00 for storm water assistance. The actual grant amount is limited to the amount stated or one-half of the eligible project cost, whichever is less. I would like to call your attention to the conditions of the agreement, since receipt of the grant is contingent upon compliance with those conditions. Should the city decide to accept this grant, the designated authorized representative should sign the enclosed Grant Agreement and return the original to the Water Pollution Control Program (WPCP) within 3 weeks. Unless a form identifying the city's authorized representative has previously been filed with the Water Pollution Control Program, such a form must also be submitted in conjunction with or prior to submission of the signed Grant Agreement. For your convenience, a suggested format for the Authorized Representative Form is enclosed. Additionally, if the city will use city forces to complete the project, a list of the individuals that will be working on the project, their hourly wages, and an example of a time card must be submitted and approved by the Department prior to commencement of work. I wish to stress that the statutes and regulations governing this program require that storm water funds used for a study or a plan be expended by July 1, 2001 for FY 2000 grants, or the grant must be recovered. 0 RECYCLED PAPER Mr. Michael G. Miller Page Two This is a reimbursement -type program. Grant payments are made as costs are incurred; however, payments will be made in no more than four installments. Please see 10 CSR 20-4.61(11)(B) for a detailed explanation of when these payments can be made. A copy of the Storm Water Grant and Loan regulation and reimbursement request forms are enclosed. Supporting documentation must accompany payment requests. Please note the grant number referenced above, and use this number in all correspondence regarding this grant project. If you have questions, feel free to call J. D. Schuenemeyer of the Water Pollution Control Program, at (573) 751-1406. Thank you. Sincerely, DEPARTMENT OF NATURAL RESOURCES StCDMa L� Director Enclosures SM/jsm c: Senator Peter Kinder Representative Mary C. Kasten Mr. Mark Lester, C.E.