SECTION 252:221-7-11. Special terms and conditions

  The following terms and conditions are incorporated by reference into each Borrower/grantee's loan agreement:

(1)   Borrower/grantee shall use funds only for eligible activities.

(2)   Borrower/grantees shall document all funds used.

(3)   Borrower/grantee shall maintain documentation for a minimum of three (3) years after the completion of the cleanup activity supported by the loan or for the length of the loan, whichever is longer. Borrower/grantee shall obtain written approval from the DEQ prior to disposing of records.

(4)   Borrower/grantee shall conduct RLF response activities in accordance with this Subchapter, relevant and appropriate provisions of CERCLA and EPA's Revolving Loan Fund Grant Programs Administrative Manual, December 2008, as updated.

(6)   Borrower/grantees shall modify response activities as required by the DEQ.

(7)   Borrower/grantees shall comply with CERCLA § 104(g) [42 USC § 9604(g)] by requiring that laborers and mechanics employed by the Borrower/grantee or its contractors or subcontractors in the performance of construction, alteration, or repair work are paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the U.S. Department of Labor in accordance with the Davis-Bacon Act. Borrower/grantees shall submit copies of all Davis Bacon forms to the DEQ.

(8)   Borrower/grantees must comply with the Uniform Relocation Act and other applicable federal "cross cutting" requirements.

(9)   Borrower/grantees shall use funds promptly for costs incurred in connection with the cleanup.

(10)   All distribution of funds will be as reimbursement for costs incurred.

[Source: Added at 28 Ok Reg 89, eff 9-17-10 (emergency); Added at 28 Ok Reg 649, eff 7-1-11]