New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 625 - Water Quality Improvement Projects › Section 625.6 - Conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The sewage
				  received by the water quality improvement project will be from a sewer or
				  systems operated and maintained in accordance with a sewer use ordinance
				  acceptable to the department.
(b)
				  The municipality must have a fee simple title or such other estate or interest
				  in the site of the project, including necessary easements and right-of-way, as
				  the department finds sufficient to assure undisturbed use and possession for
				  the purposes of construction and operation for the estimated life of the
				  project.
(c) The construction
				  contract will provide that representatives of the department 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.
(d) The construction contract or contracts
				  will be prepared so that eligible items can be readily segregated from
				  noneligible items and so that materials and equipment sold to the municipality
				  may be readily itemized.
(e) The
				  project will not be advertised or placed on the market for bidding until final
				  plans and specifications have been approved by the department, a permit
				  therefor has been issued by the department, and the municipality has been
				  notified that advertising and receipt of bids may commence.
(f) The municipality will construct the
				  project or cause it to be constructed to completion in accordance with the
				  application, plans and specifications or amendments thereto approved by the
				  department and the permit issued therefor.
(g) Construction contracts will not be
				  awarded without departmental approval of the bid tabulations and a statement of
				  the intent of the municipality to award contracts to specific
				  bidders.
(h) All change orders will
				  be submitted to the department within one month of the time at which they are
				  ordered by the engineer; grant payments associated with such change orders may
				  be made by the commissioner at his discretion following engineering review of
				  the change order and inspection of the work, and provided that the estimated
				  reasonable cost of the project is not exceeded thereby.
(i) The municipality will at all times
				  provide and maintain competent and adequate resident supervision and inspection
				  under the direction of a professional engineer licensed in the State of New
				  York who will have the responsibility to insure that the construction conforms
				  with the approved plans and specifications and to certify to the municipality
				  and to the commissioner at the completion of construction that the construction
				  is in accordance with the approved plans and specifications or approved
				  amendments thereto.
(j) Adequate
				  accounting and fiscal records will be maintained so as to reflect the receipt
				  and expenditures 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 a separate construction account or
				  accounts. These accounts shall be subject to audit by the State.
(k) The sewage treatment plant operator, who
				  will be in responsible charge of the facility, will be present at the site
				  during the construction of at least the final 50 percent of the treatment
				  facility portion of the project.
(l) Sufficient qualified operating personnel
				  shall be retained and required operational tests and measurements shall be
				  performed to insure proper and efficient operation and maintenance of the
				  sewage treatment works from the time of completion of construction until such
				  time as the commissioner may approve discontinuance of operation or disposal of
				  the works.