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 › Cost of Operation and Maintenance of Sewage Treatment Plants › Section 651.59 - Grant payments

Current through Register Vol. 46, No. 28, July 10, 2024
A two-payment reimbursement procedure will be applied
						  by the commissioner to all applicants who qualify for State assistance. The
						  first payment will be awarded after approval of each application by the
						  commissioner. The second payment will not be awarded until completion of the
						  first payment procedure for all municipalities applying for operation and
						  maintenance aid in that fiscal year.
(a) First payment. The first payment will be
						determined by applying a uniform rate of reimbursement to the total eligible
						costs of each qualified applicant. The uniform rate of reimbursement will be
						established each State fiscal year by the commissioner and will be the same for
						all applicants. The first payment will be approved or denied, in total,
						contingent upon the applicant's demonstrated ability to comply with all grant
						requirements and conditions. Funding for the first payment will be obtained
						from the portion of the State appropriation for operation and maintenance aid
						awards appropriated for that purpose.
(b) Second payment. The second payment will
						be made using funds from two sources:
(1) The
						remaining amount of the funds appropriated for a uniform rate of reimbursement
						will be approved or denied using the same criteria as subdivision (a) of this
						section. The percentage rate of reimbursement for this second payment will be
						set at a rate which will fully expend the funds appropriated for a uniform rate
						of reimbursement. This rate will be the same for all applicants.
(2) The performance portion of each operation
						and maintenance aid grant will be approved in total or in part, or denied,
						based on a performance factor to be determined for each applicant. The
						performance factor will be calculated by comparing selected parameter
						concentrations, limits, or loadings allowed by the applicant's State Pollutant
						Discharge Elimination System (SPDES) permit with the actual annual average
						concentrations or loadings of the respective parameters in each sewage
						treatment plant's discharge. A mathematical formula will be established by the
						commissioner for determining the performance factor, which will be a proportion
						determined by dividing the permitted effluent limit for each selected parameter
						by the actual annual average concentration or loading for that parameter and
						then taking the arithmetic mean of those values. If the proportion thus
						determined exceeds 1.0, a value of 1.0 will be used as the performance factor.
						The performance payment will be made from funds appropriated for that
						purpose.