New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2602 - State Clean Water Revolving Fund Regulations › Section 2602.9 - 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 and 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 as 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 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 be required to 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 be required to have,
				or acquire, such title, estate or interest in the site of the project,
				including, without limitation, necessary easements and rights-of-way, to ensure
				the 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 be
				required to comply with all Federal and State laws, regulations, and executive
				orders applicable to the project including, without limitation, affirmative
				action, equal employment opportunity, and small, minority and women's business
				enterprises.
(i) The department
				shall conduct an independent environmental review of all CWSRF projects. The
				recipient shall be required to 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. Notwithstanding any review or
				approval of engineering reports, facilities plans, design drawings, plans and
				specifications, contract documents, change orders, or the inspection of the
				project 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 the project.
(k) The
				recipient shall be required to 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
				2602.10 of this Part. Projects to
				be designated will be those projects that can meet the additional requirements
				under section
				2602.10 of this Part most
				readily.
(m) 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.