N.Y. Comp. Codes R. & Regs. Tit. 21 § 2602.9 - General project requirements
The corporation shall require each recipient of CWSRF financing to agree to the following, as applicable:
(a) The corporation shall require each
recipient to effectively preserve, protect and/or improve water quality, employ
good management practices, and fulfill all applicable requirements of: Federal
and State laws, regulations, and executive orders, including, without
limitation, prevailing wage requirements under article 8 of the Labor Law, all
requirements of the PFA, and all applicable instructions issued by the
commissioner or the corporation to ensure that these requirements are
met.
(b) The corporation and the
department may conduct such reviews, inspections and investigations as they
determine necessary to ensure that applicable Federal and State requirements
are fulfilled, and that the terms, requirements, and conditions of the PFA are
being met.
(c) The corporation and
the department may accept recipient certification that project requirements
have been met as permitted by State laws or regulations. Acceptance of a
certification that a project requirement was met shall not preclude the
corporation and the department from carrying out selective sampling and
verification of such certification.
(d) All contracts between the recipient and
parties carrying out construction and other CWSRF assisted activities shall
provide that representatives of the commissioner, the Comptroller, and the
corporation shall have access to the work wherever it is in preparation or
progress and shall permit extracts and copies of project records to be made by
them.
(e) All change orders for
which a disbursement is being requested shall be submitted to the corporation
for review and approval for eligibility prior to disbursement being made.
Proposed changes that will significantly alter the project or any treatment
process incorporated therein shall require prior approval by the department or
the corporation.
(f) The recipient
shall be required to provide competent and adequate inspection of project
construction, as may be required by the corporation in the PFA, 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 plans and specifications. Following project completion, the
professional engineer shall certify to the recipient, the commissioner, and the
corporation that project construction was completed in accordance with the
approved plans and specifications or approved amendments thereto.
(g) The recipient shall be required to 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
the undisturbed use and possession during construction, and for the term of its
CWSRF obligation under the PFA.
(h)
The recipient, all authorized representatives of the recipient, and all
contractors and subcontractors providing services for the project shall be
required to comply with all Federal and State laws, regulations, and executive
orders applicable to the project including, without limitation, affirmative
action, equal employment opportunity, and small, minority and women's business
enterprises.
(i) The department
shall conduct an independent environmental review of all CWSRF projects. The
recipient shall be required to provide the department with any documents needed
by the department to complete its review.
(j) The recipient is solely responsible for
the preparation of engineering reports, facilities plans, design drawings,
plans and specifications, contract documents, and the inspection of the project
necessary for the completion of the project. Notwithstanding any review or
approval of engineering reports, facilities plans, design drawings, plans and
specifications, contract documents, change orders, or the inspection of the
project by the department, or the corporation, neither the department nor the
corporation, nor their employees, agents or representatives, are responsible
for increased costs resulting from defective engineering reports, facilities
plans, design drawings, plans and specifications, change orders, or negligent
inspection of the project.
(k) The
recipient shall be required to take any corrective action necessary to bring a
project into compliance with the project performance standards contained in the
approved engineering report or facilities plan for the project or, if
applicable, with the SPDES permit. The recipient may receive CWSRF 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
requirements set forth in a PFA.
(l) Certain treatment works projects
designated by the commissioner shall be equivalency projects required to comply
with the provisions of section
2602.10
of this Part. Projects to be designated will be those projects that can meet
the additional requirements under section
2602.10
of this Part most readily.
(m) The
corporation is authorized to provide CWSRF financing for land acquisition
consistent with the provisions of sections 319 and 320 of the act. Land
acquisition includes, but is not limited to the outright purchase of a fee
simple interest in land, or the purchase of conservation easements.
Notes
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No prior version found.