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
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 53.2
Current through Register Vol. 46, No. 12, March 20, 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.
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