75-10-125. Solid waste management implementation grants. (1) The department, in the name of the state of Montana, may enter into an agreement with a local government for a grant of front-end implementation funds to a local government.
     (2) The terms of the agreement, in addition to those prescribed by rules of the board, must include the following:
     (a) the amount of the grant, not to exceed 50% of the reasonable purchase price of the capital equipment to be used by the local government in its solid waste management system;
     (b) an agreement by the local government:
     (i) to operate and maintain a solid waste management system in accordance with plans approved by the department, with applicable provisions of part 2 of this chapter and with rules of the department; and
     (ii) not to discontinue operations or terminate a solid waste management system without the approval of the department;
     (c) an agreement by the local government that if it trades or sells the capital equipment purchased with grant funds within 5 years of the date of execution of the grant agreement, the local government shall pay to the department an amount equal to the fair market value of the capital equipment on the date of the trade or sale;
     (d) certification by the local government that any front-end implementation funds received pursuant to this section will be used solely for the purpose stated in the grant agreement; and
     (e) an agreement by the local government to establish and maintain adequate financial records for the solid waste management system, including, within 60 days of the date of termination of the grant agreement, an audit by a certified public accountant of the financial records and transactions. A copy of this audit must be submitted to the department of administration and the department within 30 days of its completion.
     (3) In granting front-end implementation funds to local governments, the department may consider only local government applications that include a solid waste management system plan that conforms to the state solid waste management plan and that specify the method by which the solid waste management system will be financed.
     (4) No local government may receive a grant of front-end implementation funds under this section unless its solid waste management system plan has been approved by the department and the method of financing the approved solid waste management system has been implemented.

     History: En. Sec. 4, Ch. 482, L. 1981.