(1) The application is complete and accurate.

(2) The recycling program for which the grant is sought does not duplicate any other recycling programs, private or municipally operated, operating within the county. This restriction applies to a grant application for a recycling program operated by a municipality regardless of whether it will be operated solely by the municipality, or by the municipality contracting with a private entity, passing all or a portion of the grant monies through to a private entity, otherwise funding a private entity or in any other manner partnering with a private entity. Acceptable proof that a newly proposed recycling project for which a grant is being sought will not duplicate any other existing municipally or privately operated program shall include, but not be limited to:

(3) The department will deny a grant application that does not submit proof of publication and a list of known recycling enterprises.

(4) If the municipality proposes to use some or all of the grant funds to purchase mechanical processing equipment, the equipment is not available to the program in the private sector. Before submitting the application to the department, the municipality shall obtain a written statement from the appropriate county recycling coordinator that the applicant has secured a list of known recycling enterprises operating within the county and publish in a newspaper of general circulation a notice describing in reasonable detail the equipment which the municipality proposes to purchase and the proposed uses of the equipment and allow thirty (30) days for written response from any interested persons. The application shall describe the responses received and shall explain why the municipality has concluded that such equipment is not available from the private sector. Grants awarded under this section for the purchase of equipment will be prorated if it is determined that the equipment proposed to be purchased by the municipality with funds from a grant awarded under this section will not be used exclusively for the purposes stated on the recycling grant application.

(b)(1) The department may not award any grant under the “Municipal Waste Planning, Recycling and Waste Reduction Act” to any county or municipality that has failed to comply with the conditions set forth in previously awarded grants under that act, the requirements of that act, this section and any regulations promulgated pursuant thereto.

(2) The department may make an exception for a county or municipality which proposes to partner with a not-for-profit agency which will utilize the grant to fund the processing of recycled materials identified in section 1501(c)(1)(i) of the “Municipal Waste Planning, Recycling and Waste Reduction Act” or the manufacturing of products made from those materials.

(c)(1) Subsections (a) and (b) shall not apply if the recycling needs of all the citizens of the county cannot be met.

(2) Subsections (a) and (b) shall not apply to any municipality that has received any grant under section 902 of the “Municipal Waste Planning, Recycling and Waste Reduction Act” prior to the effective date of this section.