15.01.05.10

.10 Distribution of Cost Sharing Funds.

A. A person who executes a cost sharing agreement shall do all of the following before making a claim for payment to the Department:

(1) A person shall document all eligible costs on an itemized statement and submit it to the district for approval. Each itemized cost shall be supported by payment receipts or unpaid invoices from vendors. Each receipt shall be signed by the person who executes a cost share agreement and certified that each cost is true and correct to the best of that person's knowledge;

(2) Each payment receipt or unpaid invoice shall show the following:

(a) Vendor, or vendors names;

(b) Type of material, labor, or equipment used on the project; and

(c) The unit cost paid for the item, the total amount paid to the vendor, and the date payment was received.

(3) The total amount of any claim for payment shall be shown clearly on a separate line on the face of the receipt. If receipts include items which were not used on the approved project, a person shall delete those items and adjust any total on the receipt.

B. After a project has been completed, a person shall complete a departmental claim for payment form, which is available from a district.

C. The district shall certify to the Department that the project meets all applicable standards and specifications. The district shall also certify to the Department that a person's claim for payment properly represents all eligible costs. Only a State-certified nutrient management consultant may certify that a nutrient management plan meets all applicable standards and specifications.

D. The Department shall distribute cost sharing funds only after it has determined that the project or best management practice has been established, or in the case of equipment, structures, or similar items, that it has been received and properly installed.

E. Distribution.

(1) The Department may distribute cost sharing funds for a project up to 87-1/2 percent of eligible costs, subject to the restrictions in §E(2)—(6) of this regulation.

(2) Except as otherwise provided in §E(4) and (5) of this regulation, the payment made under this program for a single project not covered by a pooling agreement may not exceed $50,000, and the payment for a single project covered by a pooling agreement may not exceed $100,000.

(3) The cost share payments made under this program for multiple projects, not including animal waste storage or treatment projects, may not exceed $150,000 per farm per person.

(4) The payment made under this program for one animal waste storage or treatment project may not exceed $200,000.The payment made for all animal waste storage or treatment projects may not exceed $300,000 per farm per person. If other projects in addition to animal waste storage and treatment are implemented on the farm, the total payment made under the program for all of the other types of projects may not exceed $150,000 per farm per person.

(5) If an animal waste storage or treatment project is constructed under a pooling agreement, the payment may not exceed $200,000.

(6) The payment made under this program for a nutrient management plan may be for up to 87-1/2 percent of eligible costs which may include soil, plant tissue, and manure analysis. Payment made for the nutrient management plan project is not included in the maximum total cost share allowed per farm per person. A person may be eligible for payment for initial plan development and a maximum of two plan updates thereafter, subject to available funding.

F. If total cost sharing funds available from all sources exceed the State's maximum cost share rate for a project, the State's share shall be adjusted or prorated so as not to exceed the State's rate.

G. If actual costs are less than the estimated costs contained in the agreement, the payment may not exceed the cost share rate based on the actual costs.

H. If actual costs are more than the estimated costs contained in the agreement, the payment may be based on the actual cost if the Department approves the overrun and if funds are available.

I. Payment may be made either to the person when the person has advanced money, or directly to a vendor or contractor in accordance with the agreement.