New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 53 - Drinking Water State Revolving Fund › Section 53.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Terms used in
				  this Part or to be used in complying with this Part have the following
				  meanings:
(1) Act means title XIV of the
				  Public Health Service Act (commonly known as the "Safe Drinking Water Act")
				  42 USC
				  section 300 -f et seq.; and as supplemented
				  by the American Recovery and Reinvestment Act of 2009 (ARRA).
(2) Administrator means the administrator of
				  the United States Environmental Protection Agency or the chief executive
				  officer of such agency or any successor agency or department or any authorized
				  representatives of the administrator.
(3) Allowable costs means all costs of a
				  project which the department and/or corporation determines:
(i) are properly allocable to that project;
				  and
(ii) are not annual facility
				  operation costs, including, but not limited to, those for maintenance, or
				  replacement and repair of minor equipment.
(4) Annual fund resources means the funds
				  available for project assistance within an annual funding cycle.
(5) Annual funding cycle means the period of
				  time covered by a single Intended Use Plan.
(6) Commissioner means the Commissioner of
				  the New York State Department of Health.
(7) Comptroller means the Comptroller of New
				  York State.
(8) Construction means
				  the erection, building, acquisition, alteration, reconstruction, improvement,
				  enlargement or extension of a project; the inspection and supervision thereof;
				  and the engineering, architectural, legal, fiscal, and economic investigations
				  and studies, surveys, designs, plans, working drawings, specifications,
				  procedures, and other actions necessary thereto.
(9) CT disinfection means the product of the
				  free residual disinfectant concentration (C) in milligrams per liter determined
				  before or at the first customer, and corresponding disinfectant contact time
				  (T) in minutes, expressed by the formula (C) x (T) = CT.
(10) Corporation means the New York State
				  Environmental Facilities Corporation or its successor.
(11) Department means the New York State
				  Department of Health.
(12) Design
				  means necessary design calculations and decisions and the preparation of
				  construction drawings and specifications.
(13) Disadvantaged system means a public
				  water system which has been qualified by the corporation as being eligible for
				  financial hardship assistance.
(14)
				  DWSRF or fund means the New York State Drinking Water State Revolving Fund,
				  established pursuant to chapter 413 of the Laws of 1996.
(15) DWSRF assistance or fund assistance
				  means financial assistance from the DWSRF, or other available sources, provided
				  by the corporation to a recipient for an eligible project, including, without
				  limitation, loans or hardship assistance.
(16) E. coli means Escherichia coli, a
				  species of coliform bacteria that is indicative of fecal pollution and the
				  possible presence of enteric pathogens.
(17) Eligible project means a project for
				  construction of a water supply facility which is intended to improve drinking
				  water facilities, including a project that would be eligible for financing
				  under or designed to comply with the requirements of the act, which the
				  commissioner has certified, in writing:
(i)
				  is necessary for the objectives and goals of the State Sanitary Code or the act
				  to assure safe public drinking water;
(ii) represents a reasonable effort to
				  develop a viable water supply that can consistently meet drinking water
				  standards;
(iii) takes into
				  consideration the water resources management strategy pursuant to title 29 of
				  article 15 of the Environmental Conservation Law; and
(iv) is a project for which financial
				  assistance is available from the fund.
(18) Emergency means a situation that results
				  in an imminent threat to public health. Imminent threats to public health
				  include situations that result in the unavailability of a source of potable
				  drinking water for an extended period of time.
(19) Engineering report means the document or
				  documents incorporating the results of preliminary project planning and
				  technical and fiscal studies to determine the technical and economic
				  feasibility of the project.
(20)
				  Federal capitalization funds are funds deposited in the DWSRF pursuant to a
				  Federal capitalization grant according to the provisions of the act or any
				  lesser amount which the administrator shall determine is subject to the
				  limitations imposed by the act.
(21) Hardship assistance or financial
				  hardship assistance means DWSRF assistance, including, without limitation, an
				  additional reduced interest rate loan, a principal subsidy, and/or State
				  assistance payments, provided by the corporation to a recipient in those
				  instances where the corporation, in its discretion, determines financial
				  hardship exists.
(22) HUD means the
				  United States Department of Housing and Urban Development.
(23) Intended Use Plan (IUP) means a plan
				  identifying the intended uses of the amounts available in the fund, including
				  but not limited to: a list of potentially eligible projects; a description of
				  the short-term and tong-term goals and objectives of the fund; and information
				  on the activities to be supported including a description of project
				  categories, terms of fund assistance, recipients, and the criteria and methods
				  established for the distribution of funds.
(24) Median Household Income (MHI) means the
				  MHI published by the U.S. Department of Commerce, Bureau of the Census, as
				  adjusted to the most recent biennium for which income data is available from
				  the Bureau of the Census. For special districts and other areas for which
				  accurate census data is not available, other income data may be considered by
				  the corporation.
(25) Maximum
				  Contaminant Level (MCL) means the maximum permissible level of a contaminant in
				  water which is delivered to any user of a public water system as specified in
				  Subpart 5-1 of this Title.
(26)
				  Nephelometric Turbidity Unit (NTU) means the unit in which measured turbidity
				  is reported.
(27) Planning means
				  the orderly development of a project concept from the original statement of
				  need or purpose through the evaluation of alternatives to a final
				  recommendation on a course of action and measures to implement the selected
				  alternative.
(28) Principal Organic
				  Contaminant (POC) means any organic chemical compound belonging to specific
				  chemical classes as described in Subpart 5-1 of this Title.
(29) Project Financing and Loan Agreement
				  (PFLA) means an agreement, or agreements, between the corporation and one or
				  more recipients with respect to the financing of an eligible project or
				  projects.
(30) Project plans and
				  specifications means any technical data, information, designs, plans, analyses,
				  engineering reports or other material required to be submitted by an applicant
				  for approval by the department prior to installation or construction of a
				  public water system or any addition or deletion or modification of a public
				  water system.
(31) Public water
				  system means any water system as defined in section
				  5-1.1  of
				  this Title.
(32) Segment of a
				  project, project component or project phase means one or more construction
				  contracts and associated costs that the department and corporation determine
				  constitute a discrete portion of a project which may be financed and
				  constructed separately from other project segments.
(33) State Act means chapter 413 of the Laws
				  of 1996 of the State of New York.
(34) State Sanitary Code means Parts 1
				  through 24 of this Title.
(35)
				  Surface Water Treatment Rule means parts 141 and 142 of title 40 of the Code of
				  Federal Regulations which require that all surface water be treated in
				  accordance with section
				  5-1.30 
				  of the State Sanitary Code.
(36)
				  Unspecified Organic Contaminant (UOC) means any organic chemical compound not
				  otherwise specified in Subpart 5-1 of this Title.