§ 54-0709. Contracts for state assistance payments for waste reduction

or municipal recycling projects.

1. The commissioner may, in the name of the state, enter into
contracts with municipalities to provide state assistance payments
toward the cost of waste reduction or municipal recycling projects. Such
contracts shall include the following provisions:

a. an estimate of the costs of the project as determined by the
commissioner;

b. an agreement by the commissioner to make state assistance payments
toward the cost of the project by periodically reimbursing the
municipality, during the progress of project development or following
completion of the project as may be agreed upon by the parties, in an
amount not to exceed the amounts established elsewhere in this title;
and

c. an agreement by the municipality:

(i) to proceed expeditiously with and complete the project as approved
by the commissioner;

(ii) to operate and maintain the waste reduction or municipal
recycling project in accordance with applicable law and rules and
regulations;

(iii) to provide for the payment of the municipality's share of the
cost of the project;

(iv) to continue, upon evaluation of its effectiveness, operation of
the project and not to dispose of the project or any portion thereof or
change its use without the approval of the commissioner;

(v) to assume the full cost of any continued operation of the project;

(vi) to repay within one year of notification by the commissioner, any
state assistance payments made toward the cost of the project or an
equitable portion of such monies declared appropriate by the
commissioner, if the municipality:

(A) fails to complete the project as approved;

(B) fails to continue operation of the project;

(C) disposes of the project, or any portion thereof, without the prior
written approval of the commissioner; or

(D) changes the use of the project, or any portion thereof, without
the prior written approval of the commissioner.
No repayment, however, shall be required where the commissioner
determines that such failure, disposition or change of use was
immediately necessary to protect public health and safety;

(vii) to apply for and make reasonable efforts to secure federal
assistance for the project; and

(viii) to not sell, lease or otherwise dispose of or use lands
acquired under this title for any purpose inconsistent with the project
under which such land is acquired.

2. In connection with each contract, the commissioner shall keep
adequate records of the amount of the payment by the state and of the
amount of federal assistance, if any, received by the municipality. Such
records shall be retained by the commissioner and shall establish the
basis for recalculation of the state payment as required herein.