reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.18 - Administrative powers of the director

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to the powers set forth
				elsewhere in this Part, the director may take any or all of the following
				actions with respect to property owners or users receiving water service from
				the water board whenever, in his or her sole discretion, any provision of this
				Part is violated or the standards of care contravened:
(1) terminate water service;
(2) require correction of violations within a
				set time frame;
(3) require
				connection, disconnection, modification and/or construction of appropriate
				devices or structures;
(4) require
				the payment of a surcharge or fee to be determined by the director based on
				reasonable assessment of the degree of violation and/or real costs resulting
				from the violation;
(5) correct the
				violation with water board personnel and charge the property owner or user for
				the real cost of such correction.
Except in the event of an emergency, reasonable advance
				  notice of the action to be taken will be given by the director. Once notice is
				  given, and if the property owner or user contests the action imposed, the
				  property owner or user will have 10 business days to respond in writing to the
				  notice of violation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1950 - Water Regulations › Section 1950.19 - Penalties and damages

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				found to be violating any provision of this Part, or any procedure,
				specification or guidances as may be established by the director, shall be
				served by the director with written notice stating the nature of the violation
				and providing a reasonable time limit for the satisfactory correction thereof.
				The offender shall, within the period of time stated in such notice,
				permanently cease all violations.
(b) Any person who shall continue any
				violation beyond the time provided for in subdivision (a) of this section,
				shall be subject to a penalty not less than $100 nor more than $250 as
				determined by the water board, after an opportunity for a hearing with respect
				to such violation, for each violation, except that a significant industrial
				user shall be subject to a penalty in the amount of $5,000 for each violation.
				Each day in which any such violation shall continue, shall be deemed a separate
				violation.
(c) Any person violating
				any of the provisions of this Part shall become liable to the water board for
				any expense, loss, or damage occasioned the water board by reason of such
				violation. The expense, loss or damage shall be taken to be to the extent
				determined by the director.
(d) Any
				person who tampers with, or knowingly renders inaccurate, any metering device,
				shall, be subject to a penalty of not more than $5,000 as determined by the
				water board, after an opportunity for a hearing with respect to such
				violation(s).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1960 - Wastewater Regulations › Section 1960.2 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				purpose of this Part is to provide for the maximum possible beneficial public
				use of the water board's POTW and MS4 through regulation of sewer construction,
				sewer use, and wastewater discharge; to provide criteria for equitable
				distribution of the costs of the water board's POTW; to prevent illicit
				connections and the introduction of pollutants which would interfere with the
				operation of the water board POTW or MS4, pass through the treatment works to
				waters of the State or contaminate the water board's POTW sludge; to meet the
				requirements of the SPDES general permit for stormwater discharges from the
				MS4; and to provide procedures for complying with the requirements contained
				herein.
(b) This Part shall apply
				to persons within the city and to persons outside the city who are, by contract
				or agreement with the water board, users of the water board's POTW or MS4. The
				provisions of this Part shall apply to the discharge of all wastewater to the
				water board's POTW and discharge of stormwater to the MS4. This Part provides
				for use of the water board's MS4, use of the water board's POTW, regulation of
				sewer connections, control of the quantity and quality of wastewater
				discharged, wastewater pretreatment, criteria for distribution of costs,
				criteria for use of water board POTW capacity, issuance of SIU or ICU permits,
				minimum sewer connection standards and conditions, and penalties and other
				procedures in cases of violation of this Part.
(c) The water board maintains its principal
				office at the Michael C. O'Laughlin Water Treatment Plant located at 5815
				Buffalo Avenue, Niagara Falls, NY 14304. Unless otherwise provided or directed,
				all payments and communications to the water board shall be delivered to such
				office address.
(d) The headings
				and table of contents used herein are for convenience and reference only and
				shall not define, describe, limit or control the scope or meaning of the
				provisions of these regulations.
(e) The confidentiality of user information
				and data submitted as necessary for any application, record, report, plan, or
				other document required by these regulations shall be governed by the New York
				State Freedom of Information Law (sections
				84 through
				90 of the
				Public Officers Law of the State of New York) and by other applicable State or
				Federal statutes and regulations. Any requests by a user to keep specific data
				and information confidential must be made in writing at the time of
				submission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1960 - Wastewater Regulations › Section 1960.3 - POTW and MS4 connections

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Connection of accessible premises to the POTW or MS4.
(1) All persons owning any occupied building
				now erected upon premises accessible to the water board POTW and/or MS4 shall,
				at their own expense, connect to the water board POTW and/or MS4.
(2) All persons owning any premises
				accessible to the water board POTW or MS4 upon which a building is hereafter
				erected, shall, at the time of the erection of such building and at their own
				expense, connect to the water board POTW and/or MS4.
(3) All persons owning any occupied premises
				which hereafter becomes accessible to the water board POTW or MS4 shall, at
				their own expense, connect to the water board POTW or MS4 within three months
				after written notice to do so from the director.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1960 - Wastewater Regulations › Section 1960.4 - Use of POTW and MS4

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as set
				forth in subdivision (c) of this section, disposal of wastewater is prohibited
				to other than POTW.
(1) The disposal of
				sanitary wastewater and industrial wastewater is prohibited to other than the
				POTW from premises required to connect thereto under section
				1960.3 of this Part, except that
				certain industrial wastes may be discharged after suitable treatment to the
				diversion sewer, storm sewers, or to watercourses, under provisions of the
				Clean Water Act, as amended, provided that a valid SPDES discharge permit for
				such discharge is in effect.
(2)
				Any person who erects, constructs or maintains a privy, cesspool or septic tank
				on any property accessible to the POTW shall be deemed and shall be declared to
				be erecting, constructing and maintaining a nuisance, which nuisance the water
				board is authorized to abate in the manner provided by law.
(3) The disposal of hauled wastes, including
				sanitary waste from septic tanks or portable toilets into the POTW shall be
				prohibited except as permitted in writing by the director and for a fee as
				established in section
				1960.8 of this Part.
(4) Notwithstanding any of the provisions
				above, nothing herein contained shall prohibit a user to dispose of wastes by
				any other legally prescribed methods.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1960 - Wastewater Regulations › Section 1960.6 - Significant industrial users

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Required control manhole and/or monitoring station.
(1) Each SIU shall install either a suitable
				control manhole or monitoring station, in each industrial plant connection to
				the water board POTW or any other connections deemed necessary by the director.
				Control manholes shall be suitable for inspection, observation, sampling,
				testing and measurement of plant discharges. Monitoring stations shall provide
				safe adequate space and equipment for continuous flow rate measurement and
				recording, and for the taking of 24-hour composite samples proportional to rate
				of flow, with refrigeration of samples. Such equipment shall include an event
				marker to indicate the time and frequency of sample collection.
(2) Each such control manhole and/or
				monitoring station shall be readily accessible and shall be located and
				constructed in accordance with plans approved by the director. The control
				manhole and/or monitoring station with equipment shall be installed by the
				owner at his expense and shall be maintained by him so as to be safe and
				accessible at all times to designated water board personnel. If continuous and
				immediate access to the monitoring station is not available, a control manhole
				to which there is such access shall be provided by the SIU in addition to the
				monitoring station. There shall be no more than two monitoring stations for any
				industrial plant unless specifically authorized by the director.
(3) Any SIU may be required to provide,
				install and maintain monitoring and other equipment as deemed necessary and
				appropriate upon determination by the director.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1960 - Wastewater Regulations › Section 1960.8 - Wastewater service charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Development of user charges for all users.
(1)
				All users shall pay and shall be liable to pay to the water board such fees,
				rates and other charges as the water board may establish from time to time in
				accordance with and pursuant to the authority of the Water Board Act. A
				schedule of such fees, rates and charges are set forth in section
				1950.20 of this Title. These rates
				shall recover all of the costs associated with the water board's POTW for the
				fiscal year stated in such schedule. The user rates shall be developed using an
				equitable user charge structure which complies with all State and Federal
				regulations.
(2) As part of the
				user charge structure, process accounts shall be developed. Process accounts
				can be considered as cost centers into which all capital, operations,
				maintenance and other costs of the water board POTW can be allocated.
(3) Water board POTW users shall be divided
				into three classes:
(i) SIU;
(ii) CSIRU;
(iii) hauled waste.
(4) The costs assigned to process accounts
				shall be divided between user classes using allocating parameters which
				reasonably reflect the actual usage of the particular process by each user
				class as determined by the water board.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXI - Niagara Falls Water Board › Part 1980 › Section 1980.0 - Preamble

Current through Register Vol. 46, No. 28, July 10, 2024
The Central New York Regional Transportation Authority
				  (CNYRTA, Centro, or the Authority), in furtherance of its mission, hereby
				  creates these Rules governing the conduct and safety of the public in the use
				  and operation of its transit services.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXI - Niagara Falls Water Board › Part 1980 › Section 1980.1 - Authorization & Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				CNYRTA, as referenced throughout these Rules, refers to the Central New York
				Regional Transportation Authority and its wholly owned or controlled
				subsidiaries.
(b) The provisions of
				section 1332(4) of the Public Authorities Law provide the CNYRTA with the power
				to make rules governing the conduct and safety of the public in the use and
				operation of the transit facilities of the authority.
(c) These Rules are established by the
				authority to promote safety, facilitate the proper use of the transit
				facilities of the authority, protect those transit facilities and their
				passengers, and assure the payment of fares and other lawful charges for the
				use of their systems.
(d) These
				Rules adopted by the CNYRTA Board of Members, regulate conduct occurring on
				CNYRTA transit vehicles, within or upon CNYRTA facilities and properties, and
				in connection with the CNYRTA's provision of public transportation
				services.
(e) These Rules may be
				amended or added to from time to time at the sole discretion of the Authority
				in accordance with law.
(f) If any
				one or more of the provision(s) in these Rules shall be declared by any court
				of competent jurisdiction to be contrary to law then such provision(s) shall:
1. be null and void; and
2. be deemed separable from the remaining
				provisions in the Rules of Conduct; and
3. in no way affect the validity of the other
				provisions of the Rules of Conduct.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXI - Niagara Falls Water Board › Part 1980 › Section 1980.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Assault
shall mean an act or attempted act, whether physical
				or non-physical, in which physical contact or verbal threats or intimidation
				occur by one person directed to another without lawful authority or
				permission.
(b)
Authority,
				CNYRTA and Centro
shall mean The Central New York Regional
				Transportation Authority and its wholly owned or controlled
				subsidiaries.
(c)
Bus
				Shelters
shall mean structures located in transit vehicles loading
				zones that provide cover for the public to board and alight transit
				vehicles.
(d)
Centro
				Contractors
shall mean any person or organization performing duties on
				behalf of the CNYRTA for the delivery of public transportation
				services.
(e)
Centro
				Employee
shall mean any part-time or full-time, temporary, or regular,
				exempt, or non-exempt, represented, or non-represented person, including an
				intern, who is compensated by the CNYRTA for services by wages, salary, or
				other remuneration.
(f)
Centro Facilities and Properties
shall mean all facilities,
				including the Centro Transit Hubs, structures, schedule and news racks, kiosks,
				fare vending machines, bulletin and information boards, bus shelters, bus stop
				signs, lands, interest in lands, air rights over lands, and rights of way of
				all kinds that are owned, leased, held, or used by the CNYRTA for the purpose
				of providing public transportation services, including, but not limited to,
				Park-N-Ride lots, transit centers, bus shelters, and areas that are used by the
				public to board and alight transit vehicles.
(g)
Commercial Activity
shall mean any enterprise or venture by groups or individuals for the purpose
				of promoting or selling products or services to CNYRTA employees or the public,
				whether for profit or not.
(h)
Excluded
shall mean individuals who are excluded may not enter
				or remain on CNYRTA property or equipment used to provide public transportation
				services.
(i)
General
				Public
shall mean any person or group of persons, including CNYRTA
				employees, not acting in an official capacity at the time.
(j)
Harassment
shall mean
				acts occurring within or about CNYRTA facilities and properties or transit
				vehicles:
1. When a person, with intent to
				harass, annoy, or alarm another person:
i.
				strikes, shoves, kicks, or otherwise subjects another person to physical
				contact or attempts to or threatens to do the same; or
ii. follows a person about in a public place
				or places; or
iii. engages in a
				course of conduct or repeatedly commits acts which alarm or seriously annoy
				such other person, and which serve no legitimate purpose.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXI - Niagara Falls Water Board › Part 1980 › Section 1980.3 - Prohibited Conduct

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				General: The following activities are prohibited in all CNYRTA transit vehicles
				and facilities and properties, unless authorized by the CNYRTA or its designee
				in a written permit, license, concession contract, lease, or other written
				authorization:
1. engaging in commercial
				activities;
2. engaging in public
				communication activities;
3.
				engaging in any civic, cultural, or other special event, not included in the
				definitions of commercial or public communication activities in Article II
				herein;
4. posting or affixing
				flyers, pamphlets, brochures, leaflets, written or graphic material of any
				kind;
5. affixing or erecting
				signs, banners, or other paraphernalia on the exterior or interior;
6. engaging in public activities involving
				signs, boxes, receptables, easels, or other similar apparatus of any
				kind.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXI - Niagara Falls Water Board › Part 1980 › Section 1980.4 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any authorized
				CNYRTA representative may provide oral or written warning and may order an
				individual to leave or exclude individuals from a vehicle or facility.
1. Such representative may give that
				individual an oral first warning to immediately cease engaging in the conduct
				and/or not to engage in the conduct again.
2. If the individual does not cease engaging
				in the conduct, then the authorized CNYRTA representative may direct the
				individual to immediately leave the vehicle or facility.
3. If an individual fails or refuses to leave
				a vehicle or other facility after being directed to do so by an authorized
				CNYRTA representative, such individual is subject to arrest and prosecution for
				trespassing and/or disorderly conduct.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXI - Niagara Falls Water Board › Part 1980 › Section 1980.5 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The CNYRTA
				provides an appeal process to a three-person Suspension of Service Hearing
				Committee to be designated by the CNYRTA Chief Executive Officer; this process
				is available to any person excluded or suspended from service.
1. Failure to follow the prescribed appeals
				process constitutes accepting the penalty and waiving a right to an
				appeal.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXI - Niagara Falls Water Board › Part 1980 › Section 1980.6 - Liability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Nothing in
				Article IV herein shall create a duty to any person on the part of CNYRTA or
				form any basis for liability on the part of the CNYRTA, its officers, agents,
				or employees. The obligation to comply with these Rules is solely that of any
				person entering and using CNYRTA transit vehicles and facilities and properties
				and CNYRTA's enforcement of these Rules is discretionary not
				mandatory.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXII - Facilities Development Corporation › Part 2002 - Municipal Facilities Project Assistance Program › Section 2002.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to implement certain provisions
				  of chapter 968 of the Laws of 1981 requiring the Facilities Development
				  Corporation to prescribe its procedures for assisting municipalities, upon
				  request, in connection with the design and/or construction of municipal
				  facilities.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXII - Facilities Development Corporation › Part 2002 - Municipal Facilities Project Assistance Program › Section 2002.2 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligible
				municipality. An eligible municipality shall be a county, city, town or village
				as defined in section 3(13) of the Facilities Development Corporation
				Act.
(b) Eligible project. An
				eligible project shall be a project for which a municipality has determined the
				need for assistance in connection with the design and/or construction of a
				municipal health facility, municipal building or local correctional facility,
				pursuant to and defined in section 8-b, 14-a or 14-b of the Facilities
				Development Corporation Act. (See McKinney's Unconsolidated Laws, section 4401
				et seq.)
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXII - Facilities Development Corporation › Part 2002 - Municipal Facilities Project Assistance Program › Section 2002.3 - Municipal application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				the request of an eligible municipality, the corporation may conduct
				orientation meetings with appropriate representatives of a municipality to
				explain the corporation's services as related to a specific project(s) under
				consideration by the municipality.
(b) Following the orientation meeting and any
				other communications as may be required to refine a project scope, the
				municipality may issue a letter requesting the corporation's services. Upon
				receipt of such letter, the corporation shall prepare and submit to the
				municipality, in writing, an estimated project budget including the estimated
				cost of the corporation's services, based on the requested scope of services
				from the municipality.
(c) If the
				municipality, by resolution of its governing body, elects to utilize the
				corporation's services, it shall notify the corporation in writing of such
				determination and transmit a copy of such resolution by its governing body
				authorizing the chief executive officer of the municipality to enter into an
				agreement with the corporation for the project, and authorizing the expenditure
				of sufficient municipal funds for the project including the estimated charges
				for the corporation's services.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXII - Facilities Development Corporation › Part 2002 - Municipal Facilities Project Assistance Program › Section 2002.4 - State budget director determination

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the written request of a municipality as set forth in
				  subdivision (c) of section
				  2002.3 of this Part, the
				  corporation shall:
(a) Certify to the
				State Director of the Budget that the estimated charge to be collected by the
				corporation from the municipality is fair and reasonable in relation to the
				estimated project cost, and that sufficient provisions exist in the agreement
				to insure that the municipality shall at all times have sufficient moneys on
				deposit with the corporation in advance of such charges pursuant to section
				2002.5 of this Part.
(b) Submit the estimated project budget,
				including fair and reasonable charges for the corporation's services, and the
				proposed agreement to the State Director of the Budget for his determination
				that the total estimated charge to be collected by the corporation from the
				municipality is fair and reasonable in relation to the estimated total project
				cost, and that sufficient provisions exist to ensure the collection of such
				charge by the corporation from the municipality.
(c) Any amendment to the agreement or any
				other action which would affect any prior determination made by the State
				Director of the Budget pursuant to subdivision (b) of this section shall be
				resubmitted to the State Director of the Budget for his redetermination before
				becoming effective.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXII - Facilities Development Corporation › Part 2002 - Municipal Facilities Project Assistance Program › Section 2002.5 - Municipal funding assurances

Current through Register Vol. 46, No. 28, July 10, 2024
Included in any municipal agreement shall be provisions
				  that:
(a) Prior to the corporation
				commencing any project services, and at all times thereafter, the municipality
				shall have on deposit with the corporation moneys as determined by the
				corporation in amounts sufficient to meet all commitments of the corporation to
				be made on behalf of the municipality, and charges to be collected by the
				corporation from the municipality, for not less than the next three succeeding
				months. Should the municipality fail to maintain the required deposit of moneys
				at all times, the corporation shall:
(1)
				notify the municipality, in writing, that there are insufficient funds to meet
				the project requirements and that the corporation shall, whenever deemed
				necessary, order all work stopped on the project until such time as sufficient
				funds are deposited by the municipality to meet such project requirements, and
				further, that the municipality shall be solely responsible for the cost of any
				resultant obligations or liabilities; and
(2) notify the State Director of the Budget
				in writing of any shortfall, and describe the step(s) taken or to be taken to
				correct the deficiency.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXII - Facilities Development Corporation › Part 2002 - Municipal Facilities Project Assistance Program › Section 2002.6 - Municipality/corporation relationship

Current through Register Vol. 46, No. 28, July 10, 2024
Any agreement between the corporation and a municipality
				  shall contain provision that the corporation shall act as agent of the
				  municipality in all matters concerning the project. All obligations or
				  liabilities incurred by this corporation with respect to the project shall be
				  incurred by the corporation as agent of the municipality and not as
				  principal.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXII - Facilities Development Corporation › Part 2002 - Municipal Facilities Project Assistance Program › Section 2002.7 - Agreement execution

Current through Register Vol. 46, No. 28, July 10, 2024
Upon a resolution of approval to enter into such agreement by
				  the directors of the corporation, and a favorable determination by the State
				  Director of the Budget of the elements set forth in section
				  2002.4 of this Part, the
				  appropriate representative of the municipality and the executive director of
				  the corporation may execute the agreement. No services shall be rendered by the
				  corporation until the agreement has been duly executed by the municipality and
				  the corporation. The corporation shall file with the State Director of the
				  Budget a copy of the executed agreement and all amendments
				  thereto.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXII - Facilities Development Corporation › Part 2002 - Municipal Facilities Project Assistance Program › Section 2002.8 - Project services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				the execution of the agreement by the corporation and the municipality, the
				corporation shall begin to provide services in accordance with the agreement
				relating to the design and/or construction of the project as follows:
(1) Design phase. Pursuant to the scope of
				design services as set forth in the agreement, the corporation shall perform
				such services as agent of the municipality which may include, but not be
				limited to, the following:
(i) program
				definition and/or feasibility analyses to the extent necessary to insure proper
				articulation of the project requirements for design purposes;
(ii) coordinate and approve design
				schedules;
(iii) establish project
				budgets;
(iv) coordinate and attend
				design review meeting and other special meetings as necessary;
(v) coordinate the review of all design and
				construction documents and cost estimates to assure compatibility with the
				project program budget; and
(vi)
				obtain any other municipal and other design approvals as necessary.
Such services shall be carried out in accordance with the
				  corporation's design procedure manual or as otherwise specifically recommended
				  by the corporation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXII - Facilities Development Corporation › Part 2002 - Municipal Facilities Project Assistance Program › Section 2002.9 - Project control

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation, as agent of the municipality, shall have the
				  responsibility for the management and coordination of the project until
				  acceptance by the municipality. The municipality shall work through the
				  corporation and its designated representatives in all matters relating to
				  contractors and/or consultants.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXII - Facilities Development Corporation › Part 2002 - Municipal Facilities Project Assistance Program › Section 2002.10 - Approvals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon completion
				of each design phase of the project, the corporation shall notify the
				municipality and, until the municipality has given the corporation its approval
				in writing of such phase, the corporation shall not proceed to any subsequent
				phase unless authorized in writing by the municipality.
(b) Upon receipt of bids for construction,
				the corporation shall not award any construction contracts until the
				municipality has given the corporation its approval in writing to award any
				such contract.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXII - Facilities Development Corporation › Part 2002 - Municipal Facilities Project Assistance Program › Section 2002.11 - Project completion and acceptance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the corporation makes an initial
				determination that the project is considered to be substantially complete, in
				whole or in part, the corporation shall give written notice of such fact to the
				municipality.
(b) After acceptance
				of the project in whole or in part by the municipality, the corporation as
				agent for the municipality shall continue to maintain responsibility for the
				completion of any remaining work and arrange for the final inspection as well
				as final payments from the project account.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXII - Facilities Development Corporation › Part 2002 - Municipal Facilities Project Assistance Program › Section 2002.12 - Amendments and exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Notwithstanding these regulations, should it, at any time, due to unique or
				particular circumstances or considerations, be necessary in relation to a
				particular project to except any methods, procedures or requirements of this
				Part to the extent not inconsistent with law, such exception shall be submitted
				to the State Director of the Budget for his approval prior to its
				effectiveness.
(b) Any and all
				amendments, modifications or repeals of this Part, to the extent not
				inconsistent with law, shall be submitted to the State Director of the Budget
				for his approval prior to their effectiveness.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2050 - Public Access To Records › Section 2050.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
				of this Part is to enhance access to the records of the United Nations
				Development Corporation (the "corporation") in the manner and to the extent
				provided by law.
(b) This Part
				provides information concerning the procedures by which records may be
				obtained.
(c) Personnel of the
				corporation shall furnish to the public the information and records required by
				the Freedom of Information Law, as well as any records otherwise available by
				law.
(d) Any conflicts among laws
				governing public access to records shall be construed in favor of the widest
				possible availability of public records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2050 - Public Access To Records › Section 2050.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The board of directors of the corporation
				is responsible for insuring compliance with the regulations herein, and
				designates the following person as the records access officer:
The President
United Nations Development Corporation
322 East 44th Street
New York, NY 10017
(b) The records access officer is responsible
				for insuring appropriate response by the corporation to public requests for
				access to records.
(c) The records
				access officer shall assure that personnel of the corporation:
(1) maintain an up-to-date subject matter
				list;
(2) assist the requester in
				identifying requested records, if necessary;
(3) upon locating the records, take one of
				the following actions in accordance with section
				2050.5(b) of this
				Part:
(i) make records available for
				inspection; or
(ii) deny access to
				the records in whole or in part, and explain in writing the reasons
				therefor;
(4) upon
				request for copies of records, make a copy available upon payment of or offer
				to pay established fees in accordance with section
				2050.8 of this Part;
(5) upon request, certify that a copy of a
				record is a true copy thereof; and
(6) upon failure to locate records, certify
				that:
(i) the corporation does not maintain or
				have possession of such records; or
(ii) the records of which the corporation is
				a custodian cannot be found after diligent search.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2050 - Public Access To Records › Section 2050.3 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and copying
				  at:
United Nations Development Corporation
322 East 44th Street
New York, NY 10017
or at such other address as may be designated by the records
				  access officer from time to time.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2050 - Public Access To Records › Section 2050.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted, and
				  records produced, during all hours regularly open for business. These hours are
				  9 a.m. to 5 p.m. on business days.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2050 - Public Access To Records › Section 2050.5 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests for records shall be in
				writing.
(b)
(1) Except under extraordinary circumstances,
				a response shall be given to a request for records no more than five business
				days after receipt of the request.
(2) If, because of extraordinary
				circumstances, more than five business days are required to respond to a
				request, receipt of the request shall be acknowledged within five business days
				after the request is received. The acknowledgment shall state the reason for
				delay and estimate the date when a reply will be made. If access to records is
				neither granted nor denied within 10 business days after the date of
				acknowledgment of receipt of a request, the failure to respond may be construed
				as a denial of access that may be appealed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2050 - Public Access To Records › Section 2050.6 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A reasonably
				detailed current list, by subject matter, of all records in the possession of
				the corporation, whether or not the records are available pursuant to the
				Public Officers Law, shall be maintained and shall be available for public
				inspection. The list shall be sufficiently detailed to permit the requester to
				identify the file category of the record sought.
(b) The subject matter list shall be updated
				periodically, not less than twice per year. The date of the most recent
				updating shall appear on the first page of the list.
(c) Access to specific records in the various
				categories contained in the subject matter list shall be governed by the Public
				Officers Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2050 - Public Access To Records › Section 2050.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Denial of access to records shall be in writing, stating the reason therefor,
				and advising the requester of the right to appeal to the individual designated
				to hear appeals.
(b) If a response
				to a request for records is not given within the time required by section
				2050.5(b) of this
				Part, such failure shall also be deemed a denial of access.
(c) Any person denied access to records may,
				within 30 days from the denial, appeal the denial to the following person:
Chairman of the Board of Directors
United Nations Development Corporation
322 East 44th Street
New York, NY 10017
(d) The time for deciding an appeal shall
				commence upon receipt of a written appeal identifying:
(1) the date of the appeal;
(2) the date of the request for
				records;
(3) the records to which
				the requester was denied access;
(4) whether the denial of access was in
				writing or was by failure to respond as required by section
				2050.5(b) of this
				Part; and
(5) the name and return
				address of the requester.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2050 - Public Access To Records › Section 2050.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				no fee charged for:
(1) inspection of
				records;
(2) search for
				records;
(3) any certification
				pursuant to this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2050 - Public Access To Records › Section 2050.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing the job title and business address of the
				  records access officer and of the person to whom appeals shall be made, and the
				  location where records can be seen or copied, shall be posted in a conspicuous
				  location wherever records are kept.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2050 - Public Access To Records › Section 2050.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2050 - Public Access To Records › Section 2050.11 - Amendments

Current through Register Vol. 46, No. 28, July 10, 2024
The regulations in this Part may be amended from time to time
				  by the board of directors of the corporation, and the regulations as amended
				  shall be kept on file for public inspection at the offices designated pursuant
				  to section
				  2050.3 of this
				  Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2051 - Prompt Payment Regulations › Section 2051.1 - Adoption/scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Adoption. These
				regulations are adopted by United Nations Development Corporation effective
				April 30, 1988 in compliance with section
				2880 of
				the Public Authorities Law of the State of New York.
(b) Scope. These regulations specify the
				policies and procedures relating to payment on contracts entered into by United
				Nations Development Corporation. For purposes of these regulations, a contract
				is an agreement with any person, partnership, private corporation or
				association to sell materials, equipment or supplies, or to lease property or
				equipment to the corporation, to construct, reconstruct, rehabilitate or repair
				buildings or improvements for or on behalf of the corporation, or to provide
				any other services to the corporation pursuant to a contract. These regulations
				shall not apply to payments due and owing by the corporation to its
				employees.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2051 - Prompt Payment Regulations › Section 2051.2 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Invoices. In
				order to initiate any payment pursuant to a contract, a contractor shall be
				required to submit a proper invoice to the corporation, except where the
				contract provides that the contractor will be paid at predetermined intervals
				without having to submit an invoice for each scheduled payment. A proper
				invoice shall contain a written request for contract payment and shall set
				forth the description, price and quantity of goods or services delivered or
				rendered, in such form and supported by such other substantiating documentation
				as the corporation may reasonably require. For purposes of these regulations,
				receipt of an invoice means (1) the date on which a proper invoice is actually
				received by the corporation, or (2) the date on which the corporation receives
				the purchased goods, property or services covered by the proper invoice,
				whichever is later.
(b) Schedule of
				payment.
(1) The corporation shall make
				payment under a contract within 45 calendar days after receipt of an invoice
				for the amount of the payment then due, for each invoice received prior to July
				1, 1989. For each invoice received on or after July 1, 1989, the corporation
				shall make payment within 30 calendar days (excluding legal holidays) after
				receipt of such invoice for the amount of the payment then due. Where the
				contract provides that the contractor will be paid at predetermined intervals
				without having to submit an invoice for each scheduled payment, payments shall
				be made by the payment due dates specified in accordance with the
				contract.
(2) The corporation shall
				have 15 calendar days after receipt of an invoice to notify the contractor of:
(i) defects in the delivered goods or
				services;
(ii) defects in the
				invoice; or
(iii) suspected
				improprieties of any kind.
The existence of any such defect or impropriety shall prevent
				  the commencement of the 45- or 30-day periods specified in paragraph (1) of
				  this subdivision, provided that the corporation notifies the contractor of the
				  existence of any such defect or impropriety within 15 calendar days of receipt
				  of the invoice. If such notification is not given within 15 days, the number of
				  days allowed for payment once the defect or impropriety is cured will be
				  reduced by the number of days between the 15th day and the day notification was
				  given.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2051 - Prompt Payment Regulations › Section 2051.3 - Penalty for late payment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Payment
				of interest.
(1) Except where defects or
				improprieties of the type specified in section
				2051.2(b)(2) of
				this Part justify extension of the date by which contract payment must be made,
				the corporation shall be liable for the payment of interest on the contract
				payment if payment is made later than the date specified in section
				2051.2(b)(1) of
				this Part, in which case interest shall be calculated from the date payment was
				due under said section
				2051.2(b)(1)
				until the payment date.
(2)
				Interest shall be computed at the rate equal to the rate set by the New York
				State Tax Commission for corporate taxes pursuant to section
				1096 (e)(1) of the Tax
				Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2051 - Prompt Payment Regulations › Section 2051.4 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations shall govern all contracts entered into by
				  United Nations Development Corporation on and after April 30,
				  1988.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2051 - Prompt Payment Regulations › Section 2051.5 - Amendments

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations may be amended by resolution of the board
				  of directors of the corporation, provided that the president, upon written
				  notice to the board of directors, may from time to time amend nonmaterial
				  portions of these regulations.