§ 54-0709. Contracts for state assistance payments for waste reduction\n or municipal recycling projects.\n 1. The commissioner may, in the name of the state, enter into\ncontracts with municipalities to provide state assistance payments\ntoward the cost of waste reduction or municipal recycling projects. Such\ncontracts shall include the following provisions:\n a. an estimate of the costs of the project as determined by the\ncommissioner;\n b. an agreement by the commissioner to make state assistance payments\ntoward the cost of the project by periodically reimbursing the\nmunicipality, during the progress of project development or following\ncompletion of the project as may be agreed upon by the parties, in an\namount not to exceed the amounts established elsewhere in this
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§ 54-0709. Contracts for state assistance payments for waste reduction\n or municipal recycling projects.\n 1. The commissioner may, in the name of the state, enter into\ncontracts with municipalities to provide state assistance payments\ntoward the cost of waste reduction or municipal recycling projects. Such\ncontracts shall include the following provisions:\n a. an estimate of the costs of the project as determined by the\ncommissioner;\n b. an agreement by the commissioner to make state assistance payments\ntoward the cost of the project by periodically reimbursing the\nmunicipality, during the progress of project development or following\ncompletion of the project as may be agreed upon by the parties, in an\namount not to exceed the amounts established elsewhere in this title;\nand\n c. an agreement by the municipality:\n (i) to proceed expeditiously with and complete the project as approved\nby the commissioner;\n (ii) to operate and maintain the waste reduction or municipal\nrecycling project in accordance with applicable law and rules and\nregulations;\n (iii) to provide for the payment of the municipality's share of the\ncost of the project;\n (iv) to continue, upon evaluation of its effectiveness, operation of\nthe project and not to dispose of the project or any portion thereof or\nchange its use without the approval of the commissioner;\n (v) to assume the full cost of any continued operation of the project;\n (vi) to repay within one year of notification by the commissioner, any\nstate assistance payments made toward the cost of the project or an\nequitable portion of such monies declared appropriate by the\ncommissioner, if the municipality:\n (A) fails to complete the project as approved;\n (B) fails to continue operation of the project;\n (C) disposes of the project, or any portion thereof, without the prior\nwritten approval of the commissioner; or\n (D) changes the use of the project, or any portion thereof, without\nthe prior written approval of the commissioner.\nNo repayment, however, shall be required where the commissioner\ndetermines that such failure, disposition or change of use was\nimmediately necessary to protect public health and safety;\n (vii) to apply for and make reasonable efforts to secure federal\nassistance for the project; and\n (viii) to not sell, lease or otherwise dispose of or use lands\nacquired under this title for any purpose inconsistent with the project\nunder which such land is acquired.\n 2. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state and of the\namount of federal assistance, if any, received by the municipality. Such\nrecords shall be retained by the commissioner and shall establish the\nbasis for recalculation of the state payment as required herein.\n