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 651.77 - Conditions

(a) In order to insure effective water pollution control, economy of capital cost and operation, each project before approval will be evaluated in terms of the over-all treatment and collection need of the area in which it is located. The commissioner reserves the right to disapprove any application if it does not contribute to the over-all objectives of environmental quality management, or may become deterrent to area-wide solutions at a later date;

(b) The sewage received by the sewer system will be in accordance with a sewer use ordinance acceptable to the commissioner;

(c) The sewage conveyed by the sewer system shall be discharged, either directly or through connecting interceptors, to a sewage treatment plant having adequate capacity for the added hydraulic and solids load, and where, after treatment the plant effluent will meet all Federal, State and interstate requirements, including approved water quality standards assigned to the receiving stream or body of water;

(d) The applicant has a fee simple title or such other estate or interest in the site of the project, including necessary easements and rights of way, as the commissioner finds sufficient to assure undisturbed use and possession for the purposes of construction and operation for the estimated life of the project;

(e) The applicant will submit to the commissioner such documents and information as he may require;

(f) Over-design without justification will be reason for rejection of an application. All engineering reports and plans submitted will reflect professional responsibility with regard to developing maximum economy in planning, design and construction;

(g) The contract and specifications will be consistent with applicable portions of part I, standard documents, of the "State Architect's Standard Specifications";

(h) The construction contract or contracts will be so prepared that eligible items can be readily segregated from noneligible items;

(i) Actual construction work will be performed by the unit price contract method, unless exception is justified and acceptable to the commissioner;

(j) The construction of the project, including the letting of contracts in connection therewith, will conform to applicable requirements of Federal, State and local laws, ordinances, rules and regulations;

(k) Construction specifications shall provide for alternate equipment or materials which can provide a satisfactory operating unit, where such alternative is available;

(l) The construction contract will require the contractor to provide performance and payment bonds in amounts not less than the contract price and to maintain during the life of the contract adequate fire and extended coverage, workmen's compensation, public liability, and property damage insurance;

(m) The construction contract will provide that representatives of the commissioner shall have access to the work wherever it is in preparation or progress and that the contractor shall furnish proper facilities for such access and inspection;

(n) New projects will not be advertised or placed on the market for bidding until final plans and specifications have been approved by the commissioner, and the applicant has been notified by the commissioner that advertising and receipt of bids may commence;

(o) Adequate methods of obtaining competitive bidding will be employed prior to contract awards and the contract award will be made to the responsible bidder submitting the lowest acceptable bid;

(p) Construction contracts will not be awarded without approval of the commissioner. Bid tabulations shall be submitted with a letter signifying the intent of the applicant to award contracts to a specific bidder;

(q) Construction shall not commence until a permit therefor has been issued pursuant to section 1230 of the Public Health Law;

(r) The applicant will at all times provide and maintain competent and adequate resident supervision and inspection under the direction of a licensed professional engineer of the State of New York who will have the responsibility of insuring that the construction conforms with the approved plans and specifications and certifying to the applicant and the commissioner at the completion of construction that the construction is in accordance with the approved plans and specifications or approved amendments thereto;

(s) Engineering fees must be consistent with the current schedules recommended by the American Society of Civil Engineers;

(t) Notification of all change orders not requiring prior approval of the commissioner will be submitted to the commissioner within one month of the time at which they are ordered by the engineer; adjustment in capital cost resulting from such change orders may be made by the commissioner at his discretion following engineering review of the change order and inspection;

(u) Any change or changes in the contract in excess of five percent of the contract price or any change or changes regardless of cost which substantially modify the sewer system proposed will be submitted to the commissioner for prior approval; provided, however, that work of an emergency nature may be ordered by the engineer engaged by the applicant pursuant to subdivision (r) above without prior approval if so reported to the commissioner; and provided further that the change or changes in the contract do not cause the cost of the improvement to exceed the maximum amount proposed to be expended for such improvement. In the latter case, approval of the State Comptroller is required in accordance with section 202-d, article 12, section 209-h, article 12-A and section 209-q, article 12-C of the Town Law;

(v) Adequate accounting and fiscal records will be maintained during the construction period so as to reflect the receipt and expenditure of funds for the purpose of the eligible project, and all funds, however provided for the payment of the cost of the project, will be credited promptly upon receipt thereof, to separate construction account or accounts. These accounts shall be subject to audit by the State.

(w) Sufficient qualified personnel will be employed, and required operational tests, measurements, cleaning and repairs will be performed to insure proper and efficient operation and maintenance of the sewer system from the time of completion of construction until such time as the commissioner may approve discontinuance of operation.