N.Y. Comp. Codes R. & Regs. Tit. 5 § 72.10 - General conditions of award

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.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 5 § 72.10