NAC459.99936. Certification of compliance with federal requirements; maintenance of records and accounts; audit of financial records.

     1. Before a contract for financial assistance is transmitted to a recipient for signature, the recipient must certify that it has complied and will continue to comply with all requirements of federal law that apply to the operation of the Fund.

     2. A recipient shall:

     (a) Establish an official file that contains an adequate record of all significant actions relating to the brownfield site;

     (b) Establish accounts that accurately and adequately show all amounts of money:

          (1) Received as financial assistance from the Fund;

          (2) Spent on the brownfield site; and

          (3) Used to comply with requirements concerning matching money;

     (c) Establish a system of accounting which ensures that the final total costs relating to the cleanup of the brownfield site, including all direct and indirect costs, are recorded accurately;

     (d) Establish and maintain such other accounts and records as are required by the Division to comply with requirements for reporting established by the Federal Government; and

     (e) Retain all records relating to the brownfield site for:

          (1) At least 3 years after the final repayment of financial assistance or the date on which the account for the subgrant is closed out by the Division, as appropriate; or

          (2) Such longer period as required by the Division.

     3. All records of a recipient relating to the brownfield site must be made available at any reasonable time for inspection or copying by any authorized representative of the Division.

     4. If an audit is required by federal law or by an agency of the Federal Government, or if the Division determines that an audit is necessary to ensure the integrity of the Fund, the Division may require an audit of the financial records of a recipient relating to a brownfield site. Such an audit must be performed at the expense of the recipient by a certified public accountant who is independent of the recipient. A report of the audit must be prepared by the auditor in the form prescribed by the Division.

     (Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004)