N.Y. Comp. Codes R. & Regs. tit. 6 § 625.6

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

Section 625.6 - Conditions

(a) The sewage received by the water quality improvement project will be from a sewer or systems operated and maintained in accordance with a sewer use ordinance acceptable to the department.

(b) The municipality must have a fee simple title or such other estate or interest in the site of the project, including necessary easements and right-of-way, as the department finds sufficient to assure undisturbed use and possession for the purposes of construction and operation for the estimated life of the project.

(c) The construction contract will provide that representatives of the department 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.

(d) The construction contract or contracts will be prepared so that eligible items can be readily segregated from noneligible items and so that materials and equipment sold to the municipality may be readily itemized.

(e) The project will not be advertised or placed on the market for bidding until final plans and specifications have been approved by the department, a permit therefor has been issued by the department, and the municipality has been notified that advertising and receipt of bids may commence.

(f) The municipality will construct the project or cause it to be constructed to completion in accordance with the application, plans and specifications or amendments thereto approved by the department and the permit issued therefor.

(g) Construction contracts will not be awarded without departmental approval of the bid tabulations and a statement of the intent of the municipality to award contracts to specific bidders.

(h) All change orders will be submitted to the department within one month of the time at which they are ordered by the engineer; grant payments associated with such change orders may be made by the commissioner at his discretion following engineering review of the change order and inspection of the work, and provided that the estimated reasonable cost of the project is not exceeded thereby.

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

(j) Adequate accounting and fiscal records will be maintained so as to reflect the receipt and expenditures 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 a separate construction account or accounts. These accounts shall be subject to audit by the State.

(k) The sewage treatment plant operator, who will be in responsible charge of the facility, will be present at the site during the construction of at least the final 50 percent of the treatment facility portion of the project.

(l) Sufficient qualified operating personnel shall be retained and required operational tests and measurements shall be performed to insure proper and efficient operation and maintenance of the sewage treatment works from the time of completion of construction until such time as the commissioner may approve discontinuance of operation or disposal of the works.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 625.6