New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter VIII - Office Of Waste Prevention Services › Part 72 - Waste Prevention Assistance Program › Section 72.10 - General conditions of award

Current through Register Vol. 46, No. 28, July 10, 2024
As applicable, program applicants must comply with the
				  following general conditions:
(a)
				Certificate of completion. For projects that include capital costs, within 45
				days of completion of the project, the recipient of State assistance payments
				must provide the department with a certificate of completion, signed by the
				recipient and the contractor, certifying that the project was completed in
				accordance with the descriptions and cost estimates provided to the
				department.
(b) Changes in scope of
				work. Program contractors shall promptly provide written notice to the
				department of any necessary changes in an approved project which differ from
				the contract submitted to the department, and no such changes in the scope of
				work shall occur unless approved in writing in advance by the
				department.
(c) Change in project
				cost. Program contractors shall promptly provide written notice to the
				department of any change in the capital cost of the project which differs by
				more than 10 percent from the selected contractor's cost estimate, submitted to
				the department at the time of application, and a justification therefor. No
				such change in project costs shall occur unless approved in writing in advance
				by the department, provided, however, that under no circumstances will total
				State assistance payments exceed the total initial estimated cost as determined
				in the contract.
(d) Site
				inspection. For projects that include capital costs, the program contractor
				must provide the department, or its designated agents, with reasonable access
				to the project site before, during, and after the construction or equipment
				installation phase of the project in order to monitor and inspect the work
				being undertaken.
(e) Applicable
				permits. Prior to commencement of work, the program contractor must obtain all
				permits, certificates and approvals which may be required in connection with
				performance and completion of work.
(f) Documentation of work. The program
				contractor must retain for a period of six years after the completion of the
				project, all checks, receipts, and contracts used in connection with the work
				on the project, and must produce them at the request of the department for the
				purpose of verifying the cost of the project.
(g) Use of final products. No final useful
				product of a waste prevention assistance project shall be landfilled or
				disposed in any manner or incinerated, with or without energy
				recovery.
(h) Composting projects.
				In order to be eligible for an award, composting projects must include only
				source separated organic material.
(i) Ownership. Applicants must own, in their
				entirety, all equipment, facilities and land to be acquired through State
				assistance payments for the purpose of a waste prevention assistance
				project.