New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 651 - STATE AID FOR COLLECTION, TREATMENT AND DISPOSAL OF SEWAGE-COST OF OPERATION AND MAINTENANCE OF SEWAGE TREATMENT PLANTS › State Aid for Sewage Collection Systems › Section 651.77 - Conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
						insure effective water pollution control, economy of capital cost and
						operation, each project before approval will be evaluated in terms of the
						over-all treatment and collection need of the area in which it is located. The
						commissioner reserves the right to disapprove any application if it does not
						contribute to the over-all objectives of environmental quality management, or
						may become deterrent to area-wide solutions at a later date;
(b) The sewage received by the sewer system
						will be in accordance with a sewer use ordinance acceptable to the
						commissioner;
(c) The sewage
						conveyed by the sewer system shall be discharged, either directly or through
						connecting interceptors, to a sewage treatment plant having adequate capacity
						for the added hydraulic and solids load, and where, after treatment the plant
						effluent will meet all Federal, State and interstate requirements, including
						approved water quality standards assigned to the receiving stream or body of
						water;
(d) The applicant has a fee
						simple title or such other estate or interest in the site of the project,
						including necessary easements and rights of way, as the commissioner finds
						sufficient to assure undisturbed use and possession for the purposes of
						construction and operation for the estimated life of the project;
(e) The applicant will submit to the
						commissioner such documents and information as he may require;
(f) Over-design without justification will be
						reason for rejection of an application. All engineering reports and plans
						submitted will reflect professional responsibility with regard to developing
						maximum economy in planning, design and construction;
(g) The contract and specifications will be
						consistent with applicable portions of part I, standard documents, of the
						"State Architect's Standard Specifications";
(h) The construction contract or contracts
						will be so prepared that eligible items can be readily segregated from
						noneligible items;
(i) Actual
						construction work will be performed by the unit price contract method, unless
						exception is justified and acceptable to the commissioner;
(j) The construction of the project,
						including the letting of contracts in connection therewith, will conform to
						applicable requirements of Federal, State and local laws, ordinances, rules and
						regulations;
(k) Construction
						specifications shall provide for alternate equipment or materials which can
						provide a satisfactory operating unit, where such alternative is
						available;
(l) The construction
						contract will require the contractor to provide performance and payment bonds
						in amounts not less than the contract price and to maintain during the life of
						the contract adequate fire and extended coverage, workmen's compensation,
						public liability, and property damage insurance;
(m) The construction contract will provide
						that representatives of the commissioner shall have access to the work wherever
						it is in preparation or progress and that the contractor shall furnish proper
						facilities for such access and inspection;
(n) New projects will not be advertised or
						placed on the market for bidding until final plans and specifications have been
						approved by the commissioner, and the applicant has been notified by the
						commissioner that advertising and receipt of bids may commence;
(o) Adequate methods of obtaining competitive
						bidding will be employed prior to contract awards and the contract award will
						be made to the responsible bidder submitting the lowest acceptable
						bid;
(p) Construction contracts
						will not be awarded without approval of the commissioner. Bid tabulations shall
						be submitted with a letter signifying the intent of the applicant to award
						contracts to a specific bidder;
(q)
						Construction shall not commence until a permit therefor has been issued
						pursuant to section 1230 of the Public Health Law;
(r) The applicant will at all times provide
						and maintain competent and adequate resident supervision and inspection under
						the direction of a licensed professional engineer of the State of New York who
						will have the responsibility of insuring that the construction conforms with
						the approved plans and specifications and certifying to the applicant and the
						commissioner at the completion of construction that the construction is in
						accordance with the approved plans and specifications or approved amendments
						thereto;
(s) Engineering fees must
						be consistent with the current schedules recommended by the American Society of
						Civil Engineers;
(t) Notification
						of all change orders not requiring prior approval of the commissioner will be
						submitted to the commissioner within one month of the time at which they are
						ordered by the engineer; adjustment in capital cost resulting from such change
						orders may be made by the commissioner at his discretion following engineering
						review of the change order and inspection;
(u) Any change or changes in the contract in
						excess of five percent of the contract price or any change or changes
						regardless of cost which substantially modify the sewer system proposed will be
						submitted to the commissioner for prior approval; provided, however, that work
						of an emergency nature may be ordered by the engineer engaged by the applicant
						pursuant to subdivision (r) above without prior approval if so reported to the
						commissioner; and provided further that the change or changes in the contract
						do not cause the cost of the improvement to exceed the maximum amount proposed
						to be expended for such improvement. In the latter case, approval of the State
						Comptroller is required in accordance with section 202-d, article 12, section 209-h, article 12-A and section 209-q, article 12-C of the Town Law;
(v) Adequate accounting and fiscal records
						will be maintained during the construction period so as to reflect the receipt
						and expenditure of funds for the purpose of the eligible project, and all
						funds, however provided for the payment of the cost of the project, will be
						credited promptly upon receipt thereof, to separate construction account or
						accounts. These accounts shall be subject to audit by the State.
(w) Sufficient qualified personnel will be
						employed, and required operational tests, measurements, cleaning and repairs
						will be performed to insure proper and efficient operation and maintenance of
						the sewer system from the time of completion of construction until such time as
						the commissioner may approve discontinuance of operation.