NY Env Conserv L § 17-1905 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 19 - State Aid: Collection, Treatment, and Disposal of Sewage 17-1905 - Operation and Maintenance of Sewage Treatment Works.

§ 17-1905. Operation and maintenance of sewage treatment works.1. As used in this section:a. "Operation and maintenance" means and includes all direct costs for   labor, direct supervision, vehicles, vessels, supplies, materials, fuel,   lubricants,  power,  and similar costs, the direct costs charged against   labor such as retirement, social security, and insurance, and such other   charges as real property and school taxes and special assessments and ad   valorem  levies  on  sewage  treatment  works  located  outside  of  the   corporate  limits  of  the  municipality,  insurance  premiums on sewage   treatment plant structures, and equipment.  It  shall  not  include  any   administrative,  legislative  or  overhead  costs other than as outlined   above,  costs  of  indirect  supervision  or  costs   of   any   capital   improvements.b.  "Sewage  treatment  works"  means  and  includes  the  structures,   equipment, vehicles, vessels, and appurtenances of local government used   exclusively for the treatment of sewage and for the disposal  of  sludge   resulting  from  sewage  treatment.  Sewage  treatment  works shall also   include outlet sewers, overflow structures on sewer  systems,  diversion   chambers  on  intercepting  sewers,  and  pumping  stations  which  have   replaced a sewage treatment plant or plants. Such treatment works  shall   not  include  any  other  sewers, nor any properties used in whole or in   part for the  administration  of  sewage  treatment  works  unless  such   properties  are  on  the  site  of,  and an integral part of, the sewage   treatment plant.c. "Qualifications for state assistance to municipalities"  means  and   includes  submission  by the municipality of (1) audited costs of sewage   treatment plant operation, (2) standard reports  with  respect  to  such   plant  performance and effect on receiving waters, (3) evidence that the   sewage treatment plant is under the supervision of an operator qualified   pursuant to section f of chapter 11 of  the  State  Sanitary  Code,  (4)   evidence  that  the  sewage  from the tributary area reaches such sewage   treatment  plant  for  processing,  within  practical  limitations,  (5)   evidence that such sewage treatment plant is and has been constructed in   substantial  compliance  with the plans approved by and on file with the   commissioner or with approved amendments thereto. The burden of proof to   establish  qualifications  for   state   assistance   rests   with   the   municipality.d.  "Municipality"  means  a  county,  city, town, village or district   corporation, or a county or town on  behalf  of  a  special  improvement   district, which operates and maintains sewage treatment works, or a city   on  behalf of a sewer authority now existing in such city which operates   and maintains sewage treatment works, or any of the foregoing  in  cases   in  which  the  sewage treatment works is operated and maintained by the   New  York  State  Environmental  Facilities  Corporation   pursuant   to   subdivision  1 of section 1285 of the Public Authorities Law, or the New   York state pure waters authority acting pursuant  to  subdivision  3  of   section 1285 of the Public Authorities Law.2.  The  commissioner  shall  apportion  and approve for payment state   assistance to each municipality which, by itself or in cooperation  with   one  or  more  other  municipalities  or other governments, operates and   maintains or is responsible for the payment of  expenses  for  operation   and maintenance of sewage treatment works during all or part of a fiscal   year  of  such municipality, in accordance with qualifications for state   assistance applicable to the operation and maintenance  of  such  works.   Where  a  special  or improvement district or a sewer authority operates   and maintains sewage treatment works, state assistance paid to a county,   city or town on behalf of such district or authority shall  be  credited   by  such  county, city or town to such district or authority. Such state    assistance, when apportioned among the municipalities applying, shall be   for not more than one-third of the amount approved by  the  commissioner   as  having been duly expended by the municipality for such operation and   maintenance  during  each  of  the  two  successive  fiscal years of the   municipality beginning with its fiscal year commencing on or after  June   1,  1974  and for one-fourth of such amount expended by the municipality   during each of  the  following  five  successive  fiscal  years  of  the   municipality  beginning with its fiscal year commencing on or after June   1, 1976, for thirty-three and one-third percent of such amount  expended   by  the municipality for its fiscal year commencing between June 1, 1981   and May  31,  1982,  for  one-third  of  such  amount  expended  by  the   municipality for its fiscal year commencing between June 1, 1982 and May   31,  1983, for one-third of such amount expended by the municipality for   its fiscal year commencing between June 1, 1983 and May  31,  1984,  for   one-third  of  such  amount  expended by the municipality for its fiscal   year commencing between June 1, 1984 and May 31, 1985, for one-third  of   such  amount expended by the municipality for its fiscal year commencing   between June 1, 1985 and May 31, 1986,  for  one-third  of  such  amount   expended by the municipality for its fiscal year commencing between June   1,  1986  and May 31, 1987, for one-third of such amount expended by the   municipality for its fiscal year commencing between June 1, 1987 and May   31, 1988 and for one-third of such amount expended by  the  municipality   for  its  fiscal  year commencing between June 1, 1988 and May 31, 1989.   Provided further, however, if the amount appropriated by the legislature   to meet the requirements of this section is  insufficient  to  make  the   full  payments required herein, the amounts to be paid to municipalities   pursuant to this section shall be proportionately  reduced.  Such  state   assistance  shall  be  paid  on  account  of such expenditures after the   termination of the  fiscal  year  of  the  municipality  and  after  the   commissioner shall have determined, in accordance with this section;a.  The  total of such expenditures properly attributable to operation   and maintenance, andb. That such operation and maintenance complied  with  the  applicable   qualifications for state assistance.   All  payments  of such state assistance shall be made after audit by and   upon  warrant  of  the  comptroller  on   vouchers   approved   by   the   commissioner.3.  A  municipality  applying  for  state  assistance pursuant to this   section shall submit to the commissioner within  sixty  days  after  the   termination  of a fiscal year of the municipality an application in such   form and containing such information as the commissioner  shall  require   in  order  to effectuate the purposes of this section and to perform his   functions, powers and duties thereunder.4. In administering and enforcing the provisions of this  section  the   commissioner shall:a.  Annually  furnish an estimate to the director of the budget of the   amount required to  be  included  in  the  executive  budget  for  state   assistance  payable  under  this section and for such purpose shall have   power to require municipalities to file advance estimates of the amounts   of state assistance estimated to be payable to them under  this  section   during the next fiscal year of the state.b.  Deny  state  assistance to any municipality which fails to operate   and  maintain  its   sewage   treatment   works   in   accordance   with   qualifications for state assistance applicable to such works.c.  Make  an  annual  inspection  of operating conditions and results,   including the collection of  necessary  flow  and  analytical  data  and   sampling,  at  each  sewage  treatment  plan  for  the  maintenance  and   operation of which state assistance is granted pursuant to this section. d. Promulgate such rules and regulations pursuant to subdivision 3  of   section  17-0303  as  may be necessary, proper or desirable to carry out   effectively the provisions of this section, including, but  not  limited   to,  standards of operating efficiency for sewage treatment works, based   on  the  best usage of the receiving waters, type of treatment provided,   and available dilution.e.  On  or  before  May  first,  nineteen  hundred  seventy-five,  the   commissioner  shall  present to the governor and the legislature a study   of the system of state assistance payable under this section. The  study   shall describe the effect the provision of this state assistance has had   on   the   quality   and  efficiency  of  the  treatment  of  sewage  by   municipalities. It shall also evaluate the effect that would be achieved   by changing the type and level of  assistance  provided.  In  evaluating   these  alternatives, it shall consider among other possible courses, the   possibilities of providing aid in relation to the level  of  removal  of   pollutants  achieved,  and  of  providing  aid for certain items not now   included  in  approvable   operating   costs   such   as   repairs   and   rehabilitation  of  facilities,  and  of  providing  more  or less state   assistance for the various types of expenses.  It  shall  also  evaluate   such  other  aspects  of  the program as shall be necessary to provide a   clear picture of the current effectiveness of the program, how it may be   improved, what the annual costs of such improvements may be and  whether   such  current or proposed expenditures do in fact provide a commensurate   value  to  the  state.  Such  study  shall  contain  the  commissioner's   recommendations for the continuation, elimination or modification of the   system of state assistance payable under this section.