New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 71 - Agricultural Wastewater Energy Conservation Loan Program › Section 71.13 - General conditions of program assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Use of loan proceeds. The program
				recipient must use the loan proceeds to finance the implementation of the
				wastewater treatment project approved by the department.
(b) Completion of work. Work on wastewater
				treatment projects which receive program assistance must be completed within
				one year after the loan closing. The department may extend this period on a
				case-by-case basis where the program recipient has demonstrated reasonable
				cause for the delay.
(c)
				Certificate of completion. Within 45 days of completion of the project, the
				program recipient must provide the department with a certificate of completion,
				signed by the program recipient and the contractor, certifying that the
				wastewater treatment project was completed in accordance with the descriptions
				and cost estimates provided to the department.
(d) Changes in scope of work. The program
				recipient shall promptly provide written notice to the department of any
				necessary changes in a wastewater treatment project which differ from the
				program application submitted to the department, and no such change in the
				scope of work shall occur unless approved in writing by the
				department.
(e) Change in project
				cost. The program recipient shall promptly provide written notice to the
				department of any change in the cost of a wastewater treatment project which
				differs by either more than 10 percent or $20,000 from the selected
				contractor's cost estimate, or the program recipient's schedules and selected
				estimate in the case of an in-house project, submitted to the department, and a
				justification therefor. No such change in project costs shall occur unless
				approved in writing by the department; provided, however, that under no
				circumstances will program assistance be available for an amount exceeding the
				cost of the project.
(f) Site
				inspection. The program recipient must provide the department, or its
				designated agents, with reasonable access to the project site before, during,
				and after the construction phase of the wastewater treatment project in order
				to monitor and inspect the work being undertaken with program
				assistance.
(g) Applicable laws and
				permits. The program recipient must perform all work in compliance with all
				applicable Federal, State, and local laws, rules and regulations. Prior to the
				commencement of work, the program recipient must obtain all permits,
				certificates and approvals which may be required in connection with the
				performance and completion of the work.
(h) Documentation of work. The program
				recipient must retain for a period of six years after the date of closing on
				the loan all cancelled checks, receipts and contracts used in connection with
				the work on the wastewater treatment project, and must produce them at the
				request of the department for the purpose of verifying the cost of the
				project.
(i) Reporting. On each
				anniversary date of the loan closing during the term of program assistance, the
				program recipient shall submit to the department a copy of the applicant's most
				recent fiscal year end financial statement and an assessment, based on
				generally accepted engineering standards and practices, of energy cost savings
				achieved during the preceding year as a result of the wastewater treatment
				project.
(j) Reimbursement for
				failure to comply. If the program recipient fails to comply with the
				requirements of this Part, the program recipient may be disqualified from
				participating in the program, program assistance may be rescinded, and the
				applicant may be required to reimburse the department for all or a portion of
				the program assistance which the department has advanced.