5 CRR-NY 72.8NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 5. DEPARTMENT OF ECONOMIC DEVELOPMENT
CHAPTER VIII. OFFICE OF WASTE PREVENTION SERVICES
PART 72. WASTE PREVENTION ASSISTANCE PROGRAM
5 CRR-NY 72.8
5 CRR-NY 72.8
72.8 Provisions for contracting.
The department shall enter into contracts with applicants to provide State assistance payments toward the cost of projects. Such contracts shall include but not be limited to the following provisions:
(a) an estimate of the cost of the project as determined by the commissioner;
(b) an agreement by the commissioner to make State assistance payments toward the actual cost of the project by periodically reimbursing the applicant during the progress of project development or following completion of the project as may be agreed upon by the parties, provided that the actual cost does not exceed the estimate established pursuant to this Part and where applicable, that retainage of up to 20 percent of the State assistance contract amount may be withheld until final department determination that the project has been successfully completed;
(c) an agreement by the applicant to:
(1) proceed expeditiously with and complete the project as approved by the commissioner;
(2) continue operation of the project and not to dispose of the project or any portion thereof or change its use without the approval of the commissioner, for the life of the project; and to not sell, lease or otherwise dispose of or use lands acquired under this Part for any purpose inconsistent with the project under which such land is acquired;
(3) operate and maintain the project in accordance with all applicable Federal, State, and local laws, rules and regulations;
(4) provide for the payment of the applicant's share of the cost of the project; and
(5) repay, within one year of notification by the commissioner, any State assistance payment made toward the cost of the project or an equitable portion of such moneys declared appropriate by the commissioner, unless the following actions are deemed immediately necessary to protect public health and safety, if the applicant:
(i) fails to complete the project as approved;
(ii) disposes of the project, or any portion thereof, without the prior written approval of the commissioner; or
(iii) changes the use of the project, or any portion thereof, without the prior written approval of the commissioner; and
(6) repay any State assistance payment, plus interest and a penalty equal to 50 percent of the State assistance payment, made toward the cost of the project, if all or any portion of a building, fixtures, machinery or equipment, funded through the Waste Prevention Assistance Program, is transferred out of New York State, prior to the expiration of the useful life of such building, fixtures, machinery or equipment. The term of the useful life shall be reasonable and negotiated by the applicant and the department prior to contract execution.
5 CRR-NY 72.8
Current through October 15, 2021
End of Document