Connecticut Administrative Code › Title 22a - Environmental Protection › 439 - Funding Assistance to Connecticut Municipalities and State Agencies for Planning, Design and Construction of Pollution Abatement Facilities › Section 22a-439-1 - Introduction and priority management system

Current through July 10, 2024
(a)
Purpose and Limitations
These regulations are set forth to describe the manner and
				procedures by which state funding assistance shall be made available to and
				utilized by Connecticut municipalities to plan, design and construct water
				pollution abatement facilities pursuant to Section
				22a-439
				of the General Statutes. Any municipality which receives federal grant
				assistance under the Federal Clean Water Act, as amended, and a state matching
				grant shall be governed by applicable federal regulations only.
(b)
Definitions
"Act" means the Federal Clean Water Act (
				33 U.S.C.
				1251 et seq., as amended).
"Ad valorem tax" means a tax based upon the value of real
				property.
"Applicant" means a municipality as defined in Section
				22a-423.
"Architectural or engineering services" means consultation,
				investigations, reporting and design services offered within the scope of the
				practice of architecture or professional engineering as defined by the laws of
				the State of Connecticut.
"Building" means the erection, acquisition, alteration,
				remodeling, improvement or extension of pollution abatement facilities.
"Collector sewer" means the common lateral sewers, within a
				publicly owned sewer system, which are primarily installed to receive
				wastewaters directly from facilities which convey wastewaters from individual
				systems, or from private property, and which include service "Y" connections
				designed for connection with those facilities including:
(A) Crossover sewers connecting more than one
			 property on one side of a major street, road, or highway to a lateral sewer on
			 the other side when more cost effective than parallel sewers and
(B) Pumping units and pressurized lines
			 serving individual structures or groups of structures when such units are
			 cost-effective and are owned and maintained by the municipality.
(C) This definition excludes other facilities
			 which convey wastewater from individual structures, from private property to
			 the public lateral sewer, or its equivalent and also excludes facilities
			 associated with alternatives to conventional pollution abatement facilities in
			 small communities.
"Combined sewer" means a sewer that is designed as a sanitary
				sewer and a storm sewer.
"Compatible industrial wastewater" means wastewater that is
				produced by an industrial user, has a pollutant strength and other
				characteristics similar to those of domestic wastewater, and can be efficiently
				and effectively transported and treated with domestic wastewater.
"Complete waste treatment system" means a complete waste
				treatment system that consists of all the pollution abatement facilities
				necessary to meet the requirements of Title III of the Act, involving the
				transport of wastewater from individual homes or buildings to a plant or
				facility where treatment of the wastewater is accomplished; the treatment of
				the wastewater to remove pollutants; and the ultimate disposal, including
				recycling or reuse, of the treated wastewater and residues which result from
				the treatment process.
"Construction" means the erection, building, acquisition,
				alteration, remodeling, improvement or extension of pollution abatement
				facilities or the inspection and supervision of any of the foregoing
				items.
"Cost Analysis" means the review and evaluation of each element
				of subagreement cost to determine reasonableness, allocability and
				allowability.
"Design" means studies, surveys, plans, working drawings,
				specifications, procedures, field testing of innovative and alternative
				wastewater treatment processes and techniques (excluding operation and
				maintenance) requisite for the construction of pollution abatement
				facilities.
"Excessive infiltration/inflow" means the quantity of
				infiltration/inflow which can be economically eliminated from a sewer system as
				determined in a cost-effectiveness analysis that compares the costs for
				correcting the infiltration/inflow conditions to the total costs for
				transportation and treatment of the infiltration/inflow.
"Grantee" means a municipality as defined in Section
				22a-423.
"Individual systems" means privately owned alternative
				pollution abatement facilities (including dual waterless/gray water systems)
				serving one or more principal residences or small commercial establishments.
				Normally these are onsite systems with localized treatment and disposal of
				wastewater, but may include systems serving a cluster of principal residences
				or small commercial establishments.
"Infiltration" means water other than wastewater that enters a
				sewer system (including sewer service connections and foundation drains) from
				the ground through such means as defective pipes, pipe joints, connections, or
				manholes. Infiltration does not include, and is distinguished from,
				inflow.
"Inflow" means water other than wastewater that enters a sewer
				system (including sewer service connections) from sources such as, but not
				limited to: roof leaders, cellar drains, yard drains, area drains, drains from
				springs and swampy areas, manhole covers, connections between storm sewers and
				sanitary sewers, catch basins, cooling towers, storm waters, surface runoff,
				street wash waters, or drainage. Inflow does not include, and is distinguished
				from, infiltration.
"Initiation of operation" means the date specified by the
				municipality on which use of the project begins for the purpose that it was
				planned, designed and built.
"Interceptor sewer" means a sewer which is designed for one or
				more of the following purposes:
(A) To
			 intercept wastewater from collector sewers and convey such wastes directly to a
			 treatment facility or another interceptor.
(B) To replace an existing pollution
			 abatement facility and transport the waste to an adjoining collector sewer or
			 interceptor sewer for conveyance to a treatment plant.
(C) To transport wastewater from one or more
			 municipal collector sewers to another municipality or to a regional plant for
			 treatment.
(D) To intercept an
			 existing discharge of raw or inadequately treated wastewater for transport
			 directly to another interceptor or to a pollution abatement facility.
"Municipality" is as defined in Section
				22a-423.
"Nonexcessive infiltration" means the quantity of wastewater
				flow which cannot be economically and effectively eliminated from a sewer
				system as determined in a cost-effectiveness analysis.
"Nonexcessive inflow" means the rainfall induced peak inflow
				rate which does not result in chronic operational problems related to hydraulic
				overloading of the pollution abatement facility during storm events. These
				problems may include surcharging, backups, bypasses, and overflows.
"Operation and maintenance" means activities required to assure
				the dependable and economical function of pollution abatement
				facilities.
(A) Maintenance:
			 Preservation of functional integrity and efficiency of equipment and
			 structures. This includes preventive maintenance, corrective maintenance and
			 replacement of equipment as needed during the useful life of the
			 facility.
(B) Operation: Control of
			 the unit processes and equipment which make up the pollution abatement
			 facility. This includes financial and personnel management, records, laboratory
			 control, process control, safety and emergency operation planning.
"Pollution abatement facility" is as defined in Section
				22a-423
				and is synonymous with the terms project, treatment works, treatment system,
				and treatment facility.
"Pollution abatement facility phase or segment" means any
				portion of a complete pollution abatement facility described in an approved
				engineering report which can be identified as a contract or discrete sub-item
				or subcontract. Completion of building of a pollution abatement facility phase
				or segment may, but need not in and of itself, result in an operable pollution
				abatement facility.
"Planning" means all necessary engineering reports and studies
				to determine the feasibility of pollution abatement facilities including
				pertinent engineering, architectural, legal, fiscal and economic investigations
				prior to design.
"Project performance standards" means the performance and
				operations requirements applicable to a project including the enforceable
				requirements of the Act and the specifications which the project is planned and
				designed to meet.
"Price analysis" means the process of evaluating a prospective
				price without regard to the contractor's separate cost elements and proposed
				profit. Price analysis determines the reasonableness of the proposed
				subagreement price based on adequate price competition, previous experience
				with similar work, established catalog or market price law, or
				regulation.
"Principal residence" means the habitation of a family or
				household for at least 51 percent of the year. Second homes, vacation or
				recreation residences are not included in this definition.
"Profit" means the net proceeds obtained by deducting all
				allowable costs (direct and indirect) from the price.
"Project schedule" means a timetable specifying the dates of
				key project events including public notices of proposed procurement actions,
				subagreement awards, issuance of notice to proceed with building, key
				milestones in the building, initiation of operation and completion of the
				project.
"Replacement" means expenditures for obtaining and installing
				equipment, accessories, or appurtenances which are necessary during the useful
				life of the pollution abatement facility to maintain the capacity and
				performance for which such works were designed and constructed. The term
				"operation and maintenance" includes replacement.
"Sanitary sewer" means a conduit intended to carry liquid and
				watercarried wastes from residences, commercial buildings, industrial plants
				and institutions together with minor quantities of ground, storm and surface
				waters that are not admitted intentionally.
"Services" means a contractor's labor, time or efforts which do
				not involve the delivery of a specific end item, other than documents which may
				result from the contractor's labor, time or efforts (e.g., reports, design
				drawings, specifications). This term does not include employment agreements or
				collective bargaining agreements.
"Small commercial establishments" means for purposes of the
				provisions contained in these regulations providing funding for privately owned
				individual systems, private commercial establishments such as: restaurants,
				hotels, stores, filling stations, or recreational facilities; or private,
				non-profit entities such as: churches, schools, hospitals, or charitable
				organizations having dry weather wastewater flows of less than 25,000 gallons
				per day.
"Small community" means for purposes of the provisions
				contained in these regulations providing funding for small community systems,
				any municipality with a population of 5,000 or less, or highly dispersed
				sections of large municipalities, as determined by the Commissioner.
"Storm sewer" means a sewer designed to carry only storm
				waters, surface runoff, street wash waters and drainage.
"Subagreement" means a written agreement between a grant
				recipient and another party (other than another public agency) and any lower
				tier agreement for services, supplies, equipment, or construction necessary to
				complete the project. Subagreements include contracts and subcontracts for
				personal and professional services, agreements with consultants and purchase
				orders.
"Useful life" means the period during which a pollution
				abatement facility will be operated.
"User charge" means a charge levied on users of a pollution
				abatement facility, or that portion of the ad valorem taxes paid by a user, for
				the user's proportionate share of the cost of operation and maintenance
				(including replacement) of such facility.
"Value engineering" means a specialized cost control technique
				which uses a systematic and creative approach to identify and to focus on
				unnecessarily high cost in a project in order to arrive at a cost saving
				without sacrificing the reliability or efficiency of the project.