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 651.75 - Contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose
						of meeting the State responsibility as provided herein, with respect to the
						protection and promotion of the health of the inhabitants of the State by the
						provision of sewer systems, the commissioner, in the name of the State, may
						enter into contracts with municipalities having power to construct, operate and
						maintain sewer systems, and any such municipality may enter into a contract
						with the commissioner, concerning eligible projects.
(b) Any such contract may include such
						provisions as may be agreed upon by the parties thereto, and shall include, in
						substance, the following provisions:
(1) The
						cost of the eligible project as determined by the commissioner.
(2) The method by which the eligible project
						shall be financed.
(3) An agreement
						between the commissioner and the municipality to provide State aid to the
						municipality each year, during the progress of construction or following
						completion of construction as may be agreed upon by the parties. The time of
						payment will depend on the time payment of annual debt service by the
						municipality is due. This agreement shall be deemed executory to the extent of
						the monies available to the State and no liability on account thereof shall be
						incurred by the State beyond monies available for the purpose
						thereof.
(4) An agreement by the
						municipality
(i) to proceed expeditiously
						with, and complete, the project in accordance with plans approved pursuant to
						section 12 30, article 12 of the Public Health Law.
(ii) to commence operation of the sewer
						system on completion of the project, and not to discontinue operation of the
						sewer system without the approval of the commissioner.
(iii) to operate and maintain the sewer
						system in accordance with applicable provisions of article 12 of the Public
						Health Law, the State sanitary code and rules and regulations of the
						commissioner.
(iv) to apply for and
						make reasonable efforts to secure Federal assistance for the project.
(v) to secure the approval of the
						commissioner before applying for Federal assistance, in order to maximize the
						amounts of such assistance received or to be received for all projects in New
						York State.
(vi) to provide for the
						payment of the municipality's share of the cost of the project, or annual debt
						service.
(vii) to execute a
						contract or agreement with the owner of the sewage treatment plant, if other
						than the municipality itself, to accept sewage from the sewage collection
						system aided under the rules and regulations, set forth herein, and,
(viii) to promulgate a municipal sewer use
						ordinance acceptable to the commissioner.