N.Y. Comp. Codes R. & Regs. tit. 10 § 53.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 53.6 - General project requirements

(a) Each recipient shall ensure that any project for which it receives assistance from the fund:

(1) achieves or maintains compliance with the requirements of Part 5 of this Title;

(2) employs sound and appropriate management practices; and

(3) otherwise complies with all applicable requirements of the act, the State Act, this Part, the project financing and loan agreement and all instructions issued by the department and the corporation.

(b) The department and the corporation may conduct such reviews, inspections and investigations as each may determine necessary to ensure project compliance pursuant to subdivision (a) of this section.

(c) The department or the corporation may permit a recipient to certify in writing that specified project requirements have been fulfilled where the recipient can show that such certifications are permitted by State laws and regulations. Acceptance by the department or the corporation of such a certification shall not constitute a conclusive statement by either that such certification is accurate nor shall any such acceptance preclude the department or the corporation from conducting inspection and verification of the recipient's compliance with project requirements.

(d) All contracts between the recipient and parties carrying out construction and other fund assisted activities shall provide that representatives of the department, the Office of the State Comptroller, and the corporation shall have access to the project worksite at any stage of preparation or progress and shall permit extracts and copies of project records to be made by them.

(e) All change orders shall be submitted to the department within 30 days following the date they are ordered. Any proposed change which deviates from the approved project plans and specifications for any treatment process shall require prior approval by the department. The department will notify the corporation of any approved change orders at the same time it notifies the recipient.

(f) Each recipient shall arrange for inspection of project construction under the direction of a professional engineer licensed in New York State who shall be responsible for determining whether such work has been performed in accordance with the approved project plans and specifications. Following project completion, the professional engineer shall certify to the recipient, the department, and the corporation that the construction is in accordance with the approved project plans and specifications and any approved amendments thereto.

(g) The recipient shall have or acquire such title, estate or interest in the site of the project, including, without limitation, necessary easements and rights-of-way, to ensure undisturbed use and possession during construction of the project and for the estimated operational life thereof.

(h) A recipient shall take any appropriate corrective action necessary to bring its project into compliance with the project performance standards contained in the approved engineering report for the project. A recipient may receive fund assistance, to the extent such assistance is available, for corrective action where such action is not required due to fraud, mismanagement or failure to comply with the requirements set forth in the project financing and loan agreement.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 53.6