N.Y. Comp. Codes R. & Regs. tit. 6 § 651.53

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

Section 651.53 - Qualifications for state assistance to municipalities

To qualify for State assistance, a municipality must submit evidence of the following:

(a) Audited costs. An audited statement of all direct costs for operation and maintenance of the sewage treatment plant, as specified in section 17-1905 of the Environmental Conservation Law, certified by the finance officer of the municipality, shall be filed with the commissioner. The audited statement must indicate all expenses on forms provided by or satisfactory to the commissioner. Personal services shall be broken down by title and annual salary paid for each title. All expenses, other than personal services expenses, shall be broken down by object or purpose of expense. Items listed as nonreimbursable in section 651.58 of this Part are not to be included.

(b) Standard operating reports.

(1) Such reports shall be made on forms provided by or satisfactory to the commissioner at such intervals as he may prescribe.

(2) Such reports shall include, but not be limited to, the results of all tests made in a laboratory certified by the State, by the municipality or its contractor to characterize raw waste, control the treatment process, determine treatment efficiencies, and measure the effect on the receiving water as required by the commissioner.

(c) Qualified operator.

(1) Such evidence shall consist of a copy of the certificate issued by the commissioner or his representative or proof of exemption by reason of date of employment.

(2) For subsequent applications for assistance, municipalities need not submit such evidence unless there has been a change in certified operator(s) or a position has been vacated.

(d) Collection of wastes.

(1) Such evidence shall consist of a report indicating the location of all pumping stations, bypass lines, overflow regulators and such other places, points, devices and pipes which allow the continued or intermittent discharge of untreated wastes to the waters of the State. The report shall be submitted by the chief administrator of the sewage treatment plants and shall further state that these overflow points have been personally inspected by him or a designated representative in charge of that operation and found not to be discharging or bypassing untreated wastes to the waters of the State under conditions of maximum dry-weather flow.

(2) Such overflow places, points, regulators, pipes and devices shall be fixed so as to limit discharge only to flows in excess of maximum dry-weather flow.

(e) Plant construction in substantial accordance with approved plans.

(1) Such evidence shall consist of a certification by the licensed professional engineer who supervised the construction of the sewage treatment plant in accordance with the requirements of the valid permit issued by the commissioner or his designated representative. Such certification need be submitted only once for each plant and each permitted modification or alteration of each plant.

(2) If the licensed professional engineer who supervised construction is not available, the certification may be made by the municipal engineer or the chief administrator of the sewage treatment plant.

(f) Sewer use ordinance.

(1) Evidence that the applicant municipality has enacted and is enforcing appropriate ordinances or regulations acceptable to the commissioner. This ordinance or regulation should control and regulate the use of all tributary sewer collection systems and sewage treatment works to insure that water quality, the treatment plant's performance and level of treatment, or treatment work appurtenances will not be adversely affected nor permit the the sewage sludge from becoming contaminated with deleterious compounds and substances.

(2) A copy of such ordinance or regulation shall be submitted with the initial application for State assistance and any subsequent amendments shall be filed with the application for the fiscal year in which they occurred.

(g) Verification of qualifications.

(1) In every instance, information and documents submitted to support qualifications are subject to field audit and inspection of actual costs, operating conditions and results, including but not limited to the collection of flow and analytical data and review of records.

(2) An annual inspection will be made, by a representative of the commissioner, of operating conditions of the sewage treatment plant and the results of treatment and may include, when deemed necessary, the collection of flow and analytical data.

(3) Certification by the representative of the commissioner will be based on satisfactory operation and maintenance of the sewage treatment works as determined by his inspection and compliance with the standards of operating efficiency stated in section 651.55 of this Part.

(4) From time to time, the commissioner will supplement municipal studies of the effect of discharges of wastes to receiving waters with studies conducted under his direction and auspices. The results and interpretation of such studies will be furnished to the municipalities included in the studies.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 651.53