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-439-4 - Administrative program elements

Current through July 10, 2024
(a)
Allowable
			 project costs.
Those costs associated with the planning, design and
			 construction of pollution abatement facilities eligible for state funding
			 assistance are as follows:
(1) Costs of
			 salaries, benefits, and expendable materials the municipality incurs for the
			 project, except as provided for in Section
			 22a-439-4(b)
			 (8).
(2) Costs under construction
			 contracts.
(3) Professional and
			 consultant services.
(4)
			 Engineering report costs directly related to the pollution abatement
			 facility.
(5) Sewer system
			 evaluation.
(6) Project feasibility
			 and related engineering reports.
(7) Costs of complying with the Connecticut
			 Environmental Policy Act including costs of public notices and
			 hearings.
(8) Preparation of
			 construction drawings, specifications, estimates and construction contract
			 documents.
(9) Reasonable
			 landscaping.
(10) Materials
			 acquired, consumed, or expended specifically for the project.
(11) Shop equipment installed at the
			 pollution abatement facility necessary to the operation of the
			 facility.
(12) A reasonable
			 inventory of laboratory chemicals and supplies necessary to initiate plant
			 operations.
(13) Development and
			 preparation of a plan of operation and an operation and maintenance
			 manual.
(14) Start-up services for
			 new pollution abatement facilities.
(15) Project identification signs.
(16) Costs of complying with the procurement
			 requirements of these regulations.
(17) The costs of technical services for
			 assessing the merits of or negotiating the settlement of a claim by or against
			 the municipality provided:
(A) A formal grant
			 amendment is executed specifically covering the costs before they are
			 incurred.
(B) The costs are not
			 incurred to prepare documentation that should be prepared by the contractor to
			 support a claim against the municipality.
(C) The Commissioner determines that there is
			 a significant State interest in the issues involved in the claim.
(18) Change orders and the costs
			 of meritorious contractor claims for increased costs provided the costs are not
			 caused by the municipality's mismanagement or vicarious liability for the
			 improper action of others. Settlements, arbitration awards, and court judgments
			 which resolve contractor claims shall be reviewed by the Commissioner and shall
			 be allowable only to the extent they are not caused by municipality
			 mismanagement, are reasonable, and do not attempt to pass on to the State of
			 Connecticut the costs of events that were the responsibility of the
			 municipality, contractor or others.
(19) Costs necessary to mitigate only direct,
			 adverse, or physical impacts resulting from the building of the pollution
			 abatement facility.
(20) The costs
			 of groundwater monitoring facilities necessary to determine the possibility of
			 groundwater deterioration, depletion or modification resulting from the
			 project.
(21) For individual and
			 small community systems, allowable costs include:
(A) The cost of major rehabilitation,
			 upgrading, enlarging and installing small and onsite systems, but in the case
			 of privately owned systems, only for principal residences.
(B) Conveyance pipes from property line to an
			 offsite treatment unit which serves a cluster of buildings.
(C) Treatment and treatment residue disposal
			 portions of toilets with composting tanks, oil flush mechanisms, or similar in
			 house devices.
(D) Treatment or
			 pumping units from the incoming flange when located on private property and
			 conveyance pipes, if any, to the collector sewer.
(E) The cost of restoring individual system
			 building sites to their original condition.
(22) Necessary safety equipment applicable to
			 Federal, State and local requirements.
(23) A portion of the costs of collection
			 system maintenance equipment as determined by the Commissioner.
(24) The cost of mobile equipment necessary
			 for the operation of the overall pollution abatement facility, transmission of
			 wastewater or sludge or for the maintenance of equipment. These items include:
(A) Portable stand-by generators.
(B) Large portable emergency pumps to provide
			 "pump-around" capability in event of pump station failure or pipeline
			 breaks.
(C) Sludge or septic
			 tanktrucks, trailers, and other vehicles having as their sole purpose the
			 transportation of liquid or dewatered wastes from the collector point
			 (including individual or on-site systems) to the pollution abatement facility
			 or disposal site.
(25)
			 Replacement parts identified and approved in advance by the Commissioner as
			 necessary to assure uninterrupted operation of the pollution abatement
			 facility, provided they are critical parts or major system components which
			 are:
(A) Not immediately available and/or
			 whose procurement involves an extended "lead-time";
(B) Identified as critical by the equipment
			 supplier(s); or
(C) Critical but
			 not included in inventory provided by the equipment supplier(s).
(26) Allowable costs for
			 infiltration/inflow include:
(A) The cost of
			 sewer system and pollution abatement facility capacity adequate to transport
			 and treat nonexcessive infiltration/inflow.
(B) The costs of sewer system rehabilitation
			 necessary to eliminate excessive infiltration/inflow as determined in a sewer
			 system evaluation study under Section
			 22a-439-3(g).
(27) The costs of royalties for
			 the use of rights in a patented process or product with the prior approval of
			 the Commissioner.
(28) The cost of
			 legal and engineering services incurred by the municipality in deciding
			 procurement protests and defending their decisions in protest appeals with the
			 prior approval of the Commissioner.
(29) The cost of the services of the prime
			 engineer required under Section
			 22a-439-4(n)
			 (10) during the first year following initiation of operation of the pollution
			 abatement facility.
(30) The costs
			 of municipal employees attending training workshops/seminars that are necessary
			 to provide instruction in administrative, fiscal or contracting procedures
			 required to complete the construction of the pollution abatement facility, if
			 approved in advance by the Commissioner.