Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1462 - Honest Practices

Current through Register 1525, July 5, 2024
(1) The award and
				administration of grants shall be accomplished free from bribery, graft,
				kickbacks and other corrupt or illegal practices. The grantee bears the primary
				responsibility for the prevention, detection and cooperation in the prosecution
				of any such conduct. State administrative or other legally available remedies
				shall be pursued to the extent appropriate.
(2) The grantee shall take appropriate
				actions with respect to any allegations or evidence of such illegality or
				corrupt practices which are brought to its attention. The grantee shall advise
				the Department immediately when such allegations or evidence comes to the
				grantee's attention, and shall periodically report to the Department the status
				and ultimate disposition of any such matter.
(3) The grantee shall notify the Department
				of any material changes to the information provided in the Technical Assistance
				Grant Application, established in
				310
				CMR 40.1456(4)  and
				310
				CMR 40.1456(6), at any point
				after the grant is awarded.
(4) The
				Department may suspend or terminate grant payments or may revoke a grant at any
				time if the Department becomes aware of any allegations, evidence or appearance
				of illegality, corruption, or fraud associated with the award of the grant,
				compliance or noncompliance with
				310
				CMR 40.1451 through 310 CMR 40.1462 or the
				Grant Agreement between the Department and the grantee, or expenditure of funds
				for the project. In the event that a grant is revoked, the grantee shall be
				responsible for returning to the Commonwealth all grant funds.
(5) The Department may make a factual
				determination at any time that a project is not being carried out in accordance
				with 310 CMR 40.0000, M.G.L. c.
				21E, or any other law or regulation. If the Department makes such a
				determination, then the Department shall notify the grantee of the withdrawal
				of all grant funds, and may demand the return of the entire amount of the
				grant, or at the election of the Department, the unused portion of the grant
				funds, which shall be due immediately, or within five days of receipt of the
				notice by the grantee. Failure of the grantee to comply with 310 CMR 40.1462
				shall subject the grantee to all civil, criminal and administrative remedies of
				the Commonwealth, including interest in the amount of 12%
annum
which shall accrue beginning on the fifth day after
				notice was received by the grantee.
(6) If the Department makes a determination
				that any of the grant funds are not used in accordance with the terms of the
				grant or any of the provisions of this Contingency Plan, M.G.L. c. 21E, or any
				other law or regulation, then the grantee shall be held liable to the
				Commonwealth for the return of the entire amount of the grant, including
				interest at a rate of 12% per
annum
from the date of such
				determination.
(7) If the
				Department has made a determination pursuant to 310 CMR 40.1462(4), and the
				grantee has not returned the amount of the grant upon demand plus any accrued
				interest, then at the Department's election, the demanded amount shall be
				deducted, plus any accrued interest, from the local aid appropriation to be
				made to any grantee that is a city, town, agency, or any district or other body
				politic that owns or operates a public water supply system pursuant to M.G.L.
				c. 58, § 20.
(8) The grantee
				shall include the following provisions in all contracts with its contractors
				which are funded, in full or in part, by a grant award:
(a) The contractor shall not accept
				compensation, financial or otherwise, for his or her services pertaining to the
				disposal site from any person having significant conflicting or adverse
				interests to those of the grantee unless the circumstances are fully disclosed
				to, and agreed to, by the grantee and all other persons engaging the contractor
				with regard to the disposal site; and
(b) In the event that the contractor has,
				develops or acquires any business association, direct or indirect financial
				interest, or other circumstances which is substantial enough to create an
				impression of influencing his or her judgement in connection with his or her
				performance of services provided to the grantee, the contractor shall fully
				disclose in writing to the grantee the nature of the business association,
				financial interest or circumstance. If the grantee objects to such business
				association, financial interest or circumstance, the contractor shall offer to
				terminate, at his or her discretion, either the business association, financial
				interest or circumstance, or his or her engagement with regard to the
				grantee.