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 649 - NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND REGULATIONS › Section 649.8 - General project requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation shall require each recipient of CWSRF
						financing to agree to the following, as applicable:
(a) The corporation shall require each
					 recipient to effectively preserve, protect and/or improve water quality, employ
					 good management practices, and fulfill all applicable requirements of: Federal
					 and State laws, regulations, and executive orders, including without
					 limitation, prevailing wage requirements under article 8 of the Labor Law, all
					 requirements of the PFA, and all applicable instructions issued by the
					 commissioner or the corporation to ensure that these requirements are
					 met.
(b) The corporation or the
					 department may conduct such reviews, inspections and investigations as they
					 determine necessary to ensure that applicable Federal and State requirements
					 are fulfilled, and that the terms, requirements, and conditions of the PFA are
					 being met.
(c) The corporation and
					 the department may accept recipient certification that project requirements
					 have been met where such certifications are permitted by State laws or
					 regulations. Acceptance of a certification that a project requirement was met
					 shall not preclude the corporation and the department from carrying out
					 selective sampling and verification of such certification.
(d) All contracts between the recipient and
					 parties carrying out construction and other CWSRF assisted activities shall
					 provide that representatives of the commissioner, the comptroller, and the
					 corporation shall have access to the work wherever it is in preparation or
					 progress and shall permit extracts and copies of project records to be made by
					 them.
(e) All change orders for
					 which a disbursement is being requested shall be submitted to the corporation
					 for review and approval for eligibility prior to such disbursement being made.
					 Proposed changes that will significantly alter the project or any treatment
					 process incorporated therein shall require prior approval by the department or
					 the corporation.
(f) The recipient
					 shall provide competent and adequate inspection of project construction, as may
					 be required by the corporation in the PFA, under the direction of a
					 professional engineer licensed in New York State who shall be responsible for
					 determining whether such work has been performed in accordance with the
					 approved plans and specifications. Following project completion, the
					 professional engineer shall certify to the recipient, the commissioner, and the
					 corporation that project construction was completed in accordance with the
					 approved plans and specifications or approved amendments thereto.
(g) The recipient shall have or acquire such
					 title, estate or interest in the site of the project, including necessary
					 easements and rights-of-way, to ensure undisturbed use and possession during
					 construction, and for the term of its CWSRF obligation under the PFA.
(h) The recipient, all authorized
					 representatives of the recipient, and all contractors and subcontractors
					 providing services for the project shall comply with all Federal and State
					 laws, regulations, and executive orders applicable to the project including,
					 but not limited to, affirmative action, equal employment opportunity, and
					 small, minority and women's business enterprises. The recipient shall include
					 in all contracts or subcontracts financed with CWSRF assistance that the
					 commissioner determines are subject to article 15- A of the Executive Law,
					 contract provisions determined necessary by the commissioner for purposes of
					 complying with article 15-A of the Executive Law and any regulations adopted
					 pursuant thereto.
(i) The
					 department shall conduct an independent environmental review of all CWSRF
					 projects. The recipient shall provide the department with any documents needed
					 by the department to complete its review.
(j) The recipient is solely responsible for
					 the preparation of engineering reports, facilities plans, design drawings,
					 plans and specifications, contract documents, and the inspection of the project
					 necessary for the completion of the project. Despite any review or approval of
					 engineering reports, facilities plans, design drawings, plans and
					 specifications, contract documents, change orders, or the inspection of project
					 construction by the department, or the corporation, neither the department nor
					 the corporation, nor their employees, agents or representatives, are
					 responsible for increased costs resulting from defective engineering reports,
					 facilities plans, design drawings, plans and specifications, change orders, or
					 negligent inspection of project.
(k) The recipient shall take any corrective
					 action necessary to bring a project into compliance with the project
					 performance standards contained in the approved engineering report or
					 facilities plan for the project or, if applicable, with the SPDES permit. The
					 recipient may receive CWSRF assistance, to the extent such assistance is
					 available, for corrective action, where such action is not required due to
					 fraud, mismanagement or failure to comply with requirements set forth in a
					 PFA.
(l) Certain treatment works
					 projects designated by the commissioner shall be equivalency projects required
					 to comply with the provisions of section
					 649.9 
					 of this Part. Projects to be designated will be those projects that can meet
					 the additional requirements under section
					 649.9 
					 of this Part most readily.
(m) When
					 the CWSRF assistance to projects meeting equivalency project requirements
					 equals or exceeds the Federal capitalization funds available to New York State,
					 treatment works projects approved for CWSRF assistance following that
					 determination shall be exempted from the equivalency project
					 requirements.
(n) The corporation
					 is authorized to provide CWSRF financing for land acquisition consistent with
					 the provisions of sections 319 and 320 of the act. Land acquisition includes,
					 but is not limited to the outright purchase of a fee simple interest in land,
					 or the purchase of conservation easements.