Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS
Section 40.1462 - Honest Practices

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1462

Current through Register 1531, September 27, 2024

(1) The award and administration of grants shall be accomplished free from bribery, graft, kickbacks and other corrupt or illegal practices. The grantee bears the primary responsibility for the prevention, detection and cooperation in the prosecution of any such conduct. State administrative or other legally available remedies shall be pursued to the extent appropriate.

(2) The grantee shall take appropriate actions with respect to any allegations or evidence of such illegality or corrupt practices which are brought to its attention. The grantee shall advise the Department immediately when such allegations or evidence comes to the grantee's attention, and shall periodically report to the Department the status and ultimate disposition of any such matter.

(3) The grantee shall notify the Department of any material changes to the information provided in the Technical Assistance Grant Application, established in 310 CMR 40.1456(4) and 310 CMR 40.1456(6), at any point after the grant is awarded.

(4) The Department may suspend or terminate grant payments or may revoke a grant at any time if the Department becomes aware of any allegations, evidence or appearance of illegality, corruption, or fraud associated with the award of the grant, compliance or noncompliance with 310 CMR 40.1451 through 310 CMR 40.1462 or the Grant Agreement between the Department and the grantee, or expenditure of funds for the project. In the event that a grant is revoked, the grantee shall be responsible for returning to the Commonwealth all grant funds.

(5) The Department may make a factual determination at any time that a project is not being carried out in accordance with 310 CMR 40.0000, M.G.L. c. 21E, or any other law or regulation. If the Department makes such a determination, then the Department shall notify the grantee of the withdrawal of all grant funds, and may demand the return of the entire amount of the grant, or at the election of the Department, the unused portion of the grant funds, which shall be due immediately, or within five days of receipt of the notice by the grantee. Failure of the grantee to comply with 310 CMR 40.1462 shall subject the grantee to all civil, criminal and administrative remedies of the Commonwealth, including interest in the amount of 12% annum which shall accrue beginning on the fifth day after notice was received by the grantee.

(6) If the Department makes a determination that any of the grant funds are not used in accordance with the terms of the grant or any of the provisions of this Contingency Plan, M.G.L. c. 21E, or any other law or regulation, then the grantee shall be held liable to the Commonwealth for the return of the entire amount of the grant, including interest at a rate of 12% per annum from the date of such determination.

(7) If the Department has made a determination pursuant to 310 CMR 40.1462(4), and the grantee has not returned the amount of the grant upon demand plus any accrued interest, then at the Department's election, the demanded amount shall be deducted, plus any accrued interest, from the local aid appropriation to be made to any grantee that is a city, town, agency, or any district or other body politic that owns or operates a public water supply system pursuant to M.G.L. c. 58, § 20.

(8) The grantee shall include the following provisions in all contracts with its contractors which are funded, in full or in part, by a grant award:

(a) The contractor shall not accept compensation, financial or otherwise, for his or her services pertaining to the disposal site from any person having significant conflicting or adverse interests to those of the grantee unless the circumstances are fully disclosed to, and agreed to, by the grantee and all other persons engaging the contractor with regard to the disposal site; and

(b) In the event that the contractor has, develops or acquires any business association, direct or indirect financial interest, or other circumstances which is substantial enough to create an impression of influencing his or her judgement in connection with his or her performance of services provided to the grantee, the contractor shall fully disclose in writing to the grantee the nature of the business association, financial interest or circumstance. If the grantee objects to such business association, financial interest or circumstance, the contractor shall offer to terminate, at his or her discretion, either the business association, financial interest or circumstance, or his or her engagement with regard to the grantee.

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