Section 272.314. Limits on Department’s authority to award grants

(a) The Department may not award more than 10% of the moneys available under any type of grant under this subchapter to a county. This limitation shall be based on funds available for that type of grant in the fiscal year during which the application is filed.

(b) The Department will not award a grant under this subchapter to a person or municipality unless the applicant demonstrates to the Department’s satisfaction that:

(1) The applicant has complied with the conditions in previously awarded grants under this subchapter or conditions in previously awarded grants under the act or the Pennsylvania Solid Waste-Resource Recovery Development Act (35 P. S. § § 755.1—755.14).

(2) The applicant has complied with the Municipal Waste Planning, Recycling and Waste Reduction Act, § 272.261 (relating to annual report by county) and this subchapter.

(3) If the application is for a household hazardous waste collection event grant, the applicant has complied with the Small Business and Household Pollution Prevention Program Act.

(4) The applicant has not previously been reimbursed under the Municipal Waste Planning, Recycling and Waste Reduction Act for the expenses requested.

(c) Activities reimbursed under one grant program under the Municipal Waste Planning, Recycling and Waste Reduction Act will not be eligible as a match under any other grant program under that act.

(d) The Department may withhold funds for grants under this subchapter if any of the following occurs:

(1) The application has failed to provide material information concerning the grant, or has provided false information concerning the grant.

(2) Equipment purchased with previous grant funds has not been utilized in compliance with program requirements.

(3) The grantee has not met the requirements of § 272.421 (relating to program elements).

(4) The grantee maintains improper or inadequate documentation to demonstrate proper grant expenditures in administering any grant under the Municipal Waste Planning, Recycling and Waste Reduction Act.

(e) A grant offering by the Department under this subchapter will lapse if the funds offered are not encumbered within 1 year of the date of offering or if the grantee or the Department determines that the grant funds will not be utilized. The funds lapsed will then be available to applicants in subsequent offerings.

(f) The Department may not award a grant under § 272.321 or § 272.331 (relating to scope of grant; and scope of grant) unless a preapplication conference is held between the applicant and the Department prior to development of the grant application.

The provisions of this § 272.314 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial pages (272979) to (272980).