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

Universal Citation: 6 NY Comp Codes Rules and Regs § 651.59

Current through Register Vol. 46, No. 39, September 25, 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.

(c) If the first payment is denied in total, then the second payment (the uniform rate and the performance rate) will also be denied in total.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.