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
State Aid for Sewage Collection Systems
Section 651.74 - Definitions

(a) Construction. The building, installation or extension of a sewer system; the inspection and supervision thereof; the engineering, legal, fiscal and economic investigation; studies, surveys, designs, plants, contract drawings, specifications, procedures; and other actions necessary thereto.

(b) Under construction. Work actually in progress at the project site after execution of the construction contract.

(c) Sewer system. Pipelines or conduits, pumping stations, force mains, and all other constructions, devices and appliances appurtenant thereto, used for conducting sewage (the water-carried human, animal or other treatable wastes from residences, buildings, industrial and commercial establishments or other places) to a point of connection to the sewage treatment works.

(d) Sewage treatment works. A facility for the purpose of treating, neutralizing or stabilizing sewage, including treatment or disposal plants, the necessary intercepting, outfall and outlet sewers, pumping stations integral to such plants or sewers, equipment and furnishings thereof and their appurtenances.

(e) Sewer connection. A connection between a building, residence or other structure and a public sewer.

(f) Public sewer. A sewer owned by a municipality entirely within a public right-of-way or easement acquired for a sewer line, that serves the public.

(g) House connection. That portion of a sewer connection extending from the closest public right-of-way or easement boundary to the residence. House connections are not eligible for State aid.

(h) Residence. A building or structure which is occupied principally as the home of one or more persons; provided, however, that such building or structure contain not more than two dwelling units. A dwelling unit is any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. Residences containing more than two dwelling units, including multi-family dwellings, apartment houses, condominiums, motels, hotels, and such other facilities as trailer and mobile home parks, migrant labor camps, combined store and owner's dwelling unit, etc., are deemed commercial buildings. As an exception, mobile homes on isolated lots not part of a mobile home park, may be considered as residences.

(i) Municipality. Any county, town, village, district corporation, county or town improvement district, or any two or more of the foregoing which are acting jointly in connection with an eligible project. For purposes of these rules and regulations only, an indian reservation located partly or wholly within New York State shall be construed as a "municipality". However, only that part of the project located wholly within New York State is eligible for State aid.

(j) Applicant. Any municipality, as defined above, that files an application for State aid pursuant to section 12 63-d of the Public Health Law.

(k) Local governing body.

(l) Indian reservation. Lands validly set apart for use of indians.

(m) Town outside village. The area of the town outside of the villages.

(n) Commissioner. The Commissioner of Environmental Conservation of the State of New York, or his authorized representative.

(o) Federal assistance. Funds available, other than by loan, from the Federal government to a municipality, either directly or through allocation by the State, for construction of a sewer system or which are used for such construction, pursuant to any other Federal law or program.

(p) Project. The construction of the whole or connected portion of a sewage collection system. Where the construction of a sewage collection system is phased over a period of years, each phase may be considered as a project.

(q) Eligible project. A project which in the judgment of the commissioner meets all of the following requirements:

(r) Capital cost. The actual cost of construction of an eligible project, not to include the cost of securing financing or interest on funds borrowed to finance such construction, and representing that part of the cost of the eligible project that is not paid by the Federal government.

(s) Annual debt service. Such amounts as shall be required to be paid annually to amortize obligations (both principal and interest) issued in order to finance the capital cost of an eligible project; provided, however, that for the purposes of State aid, such annual debt service shall be computed on a debt amortization schedule of not less than 30 years nor more than 40 years, as the commissioner shall determine, and shall not include any other debt service (whether principal or interest) on obligations of or on behalf of a municipality, other capital costs, or expenditures for a purpose as to which State reimbursement is claimed under any provision of law other than section 1263-d of the Public Health Law. Where the eligible portion of the sewage collection system serves nonresidential users as well as residences, the amount of annual debt service to be used in computing State aid shall be reduced as determined by the commissioner, to compensate for the benefits received by the nonresidential users from such system. Benefits shall be based on proportion of the volume of flow contributed to the sewage collection system, or other means acceptable to the commissioner.

(t) State aid. Financial support made available to a municipality by way of State participation in annual debt service, through contracts entered into between the commissioner and the municipality, upon such terms and conditions as the commissioner shall deem appropriate, which shall be based on the number of residences served by the eligible project and computed as follows: