Section 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.