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 › Water Pollution Control Construction Grants › Section 651.17 - Limitations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The estimated
						reasonable cost or actual cost, as the case may be, of an eligible project as
						defined in section 1263-b of the Public Health Law shall be calculated only
						with respect to that portion of the erection, building, acquisition,
						alteration, reconstruction, improvement or extension of the sewage treatment
						works as defined in section 1263-b of the Public Health Law which is undertaken
						after May 12, 1965, and before March 31, 1972.
(b) The estimate of reasonable cost of a
						project by the commissioner shall be determined by consideration of costs of
						similar projects, together with an engineering evaluation of the degree of
						construction difficulty involved in the project.
(c) A grant will be made only for
						construction of a project for new or additional water pollution
						control.
(d) A grant will not be
						made to an applicant unless it demonstrates to the satisfaction of the
						commissioner its ability to pay the municipal share of the project.
(e) 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 overall treatment and collection
						needs of the area in which it is located. The commissioner reserves the right
						to disapprove any application if it does not contribute to the overall
						objectives of effective water quality management or may become a deterrent to
						area-wide solutions at a later date.
(f) Over-design without justification will be
						reason for rejection of an application. All engineering plans submitted with an
						application will reflect professional responsibility with regard to developing
						maximum economy in design and construction.
(g) Engineering fees must be consistent with
						the schedules recommended by the American Society of Civil Engineers.
(h) A grant will not be made to an applicant
						unless construction specifications provide for alternate equipment or materials
						which can provide a satisfactory operating unit.
(i) A grant will not be made to an applicant
						unless it provides the commissioner with assurances that:
(1) Sufficient qualified operating personnel
						will be retained and that required operational tests and measurements will be
						performed to insure proper and efficient operation and maintenance of the
						sewage treatment works from the time of completion of construction or
						commencement of operation, whichever is earlier, until such time as the
						commissioner may approve discontinuance of operation or disposal of the
						works.
(2) The sewage received by
						the sewage treatment works will be from a sewage system or systems operated and
						maintained in accordance with a sewer use ordinance acceptable to the
						commissioner.
(3) Actual
						construction work will be performed by the lump sum (fixed price) or unit price
						contract method or combination thereof.
(4) The contract and specifications will be
						consistent with applicable sections of the "State Architect's Standard
						Specifications".
(5) Where required
						by law, competitive bidding will be employed prior to contract awards and that
						the contract award will be made to the responsible bidder submitting the lowest
						acceptable bid.
(6) The project
						will not be advertised or placed on the market for bidding until final plans
						and specifications have been approved by the commissioner, a permit therefor
						has been issued pursuant to section 1230 of the Public Health Law, and the
						applicant has been notified that advertising and receipt of bids may
						commence.
(7) Every 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.
(8) Construction contracts will not be
						awarded without approval of the bid tabulations and the intent of the applicant
						to award contracts to specific bidders.
(9) Any change or changes in a construction
						contract in excess of five per cent of the contract price or any change or
						changes regardless of cost which substantially modify the treatment processes
						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 paragraph (13) below without prior
						approval, if so reported to the commissioner within 48 hours of the time of the
						ordered change or changes.
(10)
						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; 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.
(11) 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.
(12) Representatives
						of the commissioner shall have access to the work wherever it is in preparation
						or progress; proper facilities will be furnished for such access and inspection
						and all construction contracts will so provide.
(13) The applicant will at all times provide
						and maintain competent and adequate resident supervision and inspection under
						the direction of a licensed professional engineer 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.
(14) Adequate accounting and fiscal records
						will be maintained 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 a separate construction account or accounts.
(15) The construction contract or contracts
						will be so prepared that eligible items can be readily segregated from
						noneligible items and so that materials and equipment sold to the applicant may
						be readily itemized.
(16) The
						applicant will submit to the commissioner such documents and information as he
						may require.
(17) 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.
(18) The applicant will construct the project
						or cause it to be constructed to the final completion in accordance with the
						application, plans and specifications or amendments thereto approved by the
						commissioner and the permit issued therefor.