Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-31-8 - Project Design and Construction8.1. Pre-Design Conference. -- It is recommended that the applicant hold a pre-design conference with the Secretary in order to review the activities which shall take place during the design of the project.8.2. Project Design Guidance. -- During the design phase of a project, the applicant should seek additional guidance from the Secretary concerning acceptable project design and shall arrange to periodically meet with the Secretary to review the progress of the project design work.8.3. Project Plans and Specifications. -- The applicant shall submit completed project plans and specifications to the Secretary for review and approval. The Secretary shall approve the project plans and specifications only after it has been determined that the minimum technical and administrative requirements of this rule and applicable federal statutes and regulations have been met. If project plans and specifications are submitted prior to the facilities plan approval, they will be subject to change based upon final facilities plan recommendations. Plans and specifications will not be approved prior to facilities plan approval. 8.3.a. Technical Requirements for Project Plans and Specifications. 8.3.a.1. The project design shall follow the recommendations contained in the approved facilities plan. Failure to follow the facilities plan shall be grounds for the rejection of the project plans and specifications by the Secretary.8.3.a.2. The project design shall ensure that the project shall be both biddable and constructable. Failure to produce a design that is both biddable and constructable, as determined by the Secretary, shall be grounds for the rejection of the project plans and specifications by the Secretary.8.3.a.3. The project design shall ensure that NPDES discharge requirements set by the state are achieved.8.3.a.4. All project plans and specifications shall be sealed and signed by a registered professional engineer who holds a current certificate of registration issued by the state in accordance with the provisions of W. Va. Code § 30-13-1 et seq..8.3.b. Project Plans. 8.3.b.1. All project plans submitted to the Secretary shall conform with the standards set forth in Appendix B of this rule.8.3.b.2. Unless otherwise approved by the Secretary, all project plan drawings shall be submitted on blue-line or black-line prints that are twenty-four inches by thirty-six inches (24" x 36") in size. Upon approval from the Secretary, construction details shall be included on the drawings for all work that cannot be adequately represented on the scale specified by this rule. No half size or paper size drawings will be accepted for submittal.8.3.b.3. Geotechnical information, including boring logs and the groundwater level at each borehole, shall be included either on the project plan drawings or in the project specifications submitted with the project plans. Borings shall be taken at the proposed location of each pumping station that will be ten (10) or more feet deep and at the proposed location of all structures on the treatment works site. Geotechnical information for collector lines may be required by the Secretary on a case-by-case basis.8.3.b.4. Plans for a treatment works shall include: 8.3.b.4.B. A comprehensive legend;8.3.b.4.C. A location map of the project site showing the location, dimensions, and elevations of all existing and proposed structures and facilities;8.3.b.4.D. A hydraulic profile for both liquids and solids streams of treatment plants. Profiles must indicate elevations for both average and maximum daily flows.8.3.b.4.E. A piping plan showing all facility piping in complete detail at a scale of one inch equal to ten feet (1" = 10') and including profiles for all in-plant piping and drainage systems;8.3.b.4.F. A site grading plan showing existing and final grades;8.3.b.4.G. A site erosion and sedimentation control plan; and8.3.b.4.H. Sufficient drawings to describe every element of construction including, but not limited to, structural, mechanical, reinforcing, and architectural drawings, detail sheets, and a complete set of electrical drawings.8.3.b.5. Plans for pumping or vacuum stations shall be drawn on a horizontal scale of one inch equal to ten feet (1" = 10') and a vertical scale of one inch equal to five feet (1" = 5') with 25-year and 100-year flood elevations noted and shall show facility piping and electrical systems in complete detail.8.3.b.6. Plans for collection systems shall be drawn on topographic base sheets using a two-foot contour interval, a minimum horizontal scale of one inch equal to fifty feet (1" = 50'), and a vertical scale of one inch equal to ten feet (1" = 10') with plan and profile views on the same plan sheet. A plan sheet shall include a key, an index of property owners, and a general project map drawn on a scale of approximately one inch equal to four hundred feet (1" = 400'). Alternative mapping scales may be approved by the Secretary on a case-by-case basis. 8.3.b.6.A. Drawings of collector lines shall be of sufficient detail to completely describe the required construction, shall show the flow direction for each collector line, and shall include a profile view of each collector line. Lateral connections must be shown.8.3.b.6.B. Drawings of the collection system shall show all property lines and public utility easements, all West Virginia Division of Highways rights-of-ways, the location of existing sewers and buildings, and the limits of construction.8.3.b.7. In addition to meeting the applicable requirements of paragraph 8.3.b.6 of this rule, plans for alternative collection systems -- vacuum, grinder pump/pressure, variable grade sewers (VGSs), septic tank effluent pumps (STEPs), or other systems requiring construction of devices other than a collector line on or through a customer's property -- shall show the proposed location and elevation of each device.8.3.c. Project Specifications. 8.3.c.1. General conditions mandated by the Secretary shall be incorporated into the project specifications.8.3.c.2. The project specifications shall include complete technical specifications to govern the construction of collector lines, pumping stations, treatment works, and all other appurtenances. The technical specifications shall include complete information related to: 8.3.c.2.A. Requirements for the quality of materials and workmanship, size, operating characteristics, rating of equipment, and testing of materials and equipment for all mechanical and electrical equipment (e.g., machinery, valves, piping, joining of pipes, electrical motors, wiring, instrumentation and meters, laboratory fixtures and equipment, manholes, force mains, and gravity lines);8.3.c.2.B. Requirements for the quality and testing of construction materials; and8.3.c.2.C. Requirements for performance tests of completed works, testing of soils and concrete, and warranty provisions.8.3.c.3. If required by the Secretary, a bypass prevention plan shall be included in the project specifications. The bypass prevention plan shall provide detailed instructions on how the contractor shall keep existing facilities in operation and prevent the discharge of raw or partially treated sewage during construction.8.3.c.4. The project specifications shall not be used to direct the purchase of equipment from a single manufacturer or to preclude other bidders. If the name of a manufacturer for a specific piece of equipment is included in a project specification, a second manufacturer must also be supplied. A minimum of two (2) manufacturers shall be listed for all major pieces of equipment. A list of approved equipment shall be included with each specification. Exceptions shall be evaluated on a case-by-case basis by the Secretary.8.3.d. Modification of Approved Project Plans and Specifications.8.3.d.1. Changes to the approved project plans and specifications shall be submitted to the Secretary for review and approval before being incorporated into change orders or addenda.8.3.d.2. A complete and updated estimate of project costs and a financial affordability analysis shall be submitted to the Secretary along with the proposed changes to the approved project plans and specifications.8.3.d.3. Changes that affect capacity, flow, operation, process, or point of discharge shall receive written approval from the Secretary before such changes are initiated.8.3.e. Implementation of Approved Project Plans and Specifications.8.3.e.1. A complete report detailing all land and right-of-way acquisitions related to the project -- including the names of property owners, tax numbers, and all other pertinent information -- shall be submitted to the Secretary if deemed necessary by the Secretary.8.3.e.2. The Secretary's approval of project plans and specifications shall be valid for only one (1) calendar year from the date of approval.8.3.e.3. All project bidding shall follow the two-envelope bidding system. All bids must comply with W. Va. Code § 21-11-11.8.3.e.4. All contracts shall be bid as unit price or lump sum proposals.8.3.e.5. Change orders shall be negotiated on the basis of unit price, lump sum, or time and materials. All change orders must receive prior approval from the Secretary and have complete price documentation, including a memorandum of negotiation.8.4. Pre-Construction Conference. -- Prior to initiating construction, the recipient shall hold a pre-construction conference with the Instrumentality, contractor, and the recipient's engineer in order to review the activities which shall take place during the construction of the project.8.5. Project Inspections. -- Interim inspections of the project shall be conducted by the Secretary periodically during construction. Monthly progress meetings will be held if deemed necessary by the Secretary. A final inspection shall be conducted by the Secretary after construction has been substantially completed and before the final construction loan payment is disbursed.8.6. Certified Operator. -- A certified operator of the class required by the WV/NPDES permit shall have been hired by the recipient prior to the time when construction of the treatment plant is fifty percent (50%) complete.8.7. Operation and Maintenance Manual. -- An operation and maintenance manual (O & M manual) shall be compiled and submitted to the Secretary for approval prior to the time when construction is ninety percent (90%) complete.8.8. Record Drawings. -- The project engineer shall submit record drawings to the recipient within sixty (60) days of project completion.8.9. Project Certification. -- Within sixty (60) days after the end of the first year after project completion, the recipient shall certify that the project meets the design specifications and effluent limitations included in the permit in accordance with the provisions of CWA Section 204(d)(2). If the recipient cannot certify that the project meets the design specifications, and effluent limits in the permit then a corrective action plan must be submitted.