§ 17-1905 — Operation and maintenance of sewage treatment works

§ 17-1905. Operation and maintenance of sewage treatment works.\n 1. As used in this section:\n a. "Operation and maintenance" means and includes all direct costs for\nlabor, direct supervision, vehicles, vessels, supplies, materials, fuel,\nlubricants, power, and similar costs, the direct costs charged against\nlabor such as retirement, social security, and insurance, and such other\ncharges as real property and school taxes and special assessments and ad\nvalorem levies on sewage treatment works located outside of the\ncorporate limits of the municipality, insurance premiums on sewage\ntreatment plant structures, and equipment. It shall not include any\nadministrative, legislative or overhead costs other than as outlined\nabove, costs of indirect supervision or costs of any capital\nimprovements.\n b. "Sewage treatment works" means and includes the structures,\nequipment, vehicles, vessels, and appurtenances of local government used\nexclusively for the treatment of sewage and for the disposal of sludge\nresulting from sewage treatment. Sewage treatment works shall also\ninclude outlet sewers, overflow structures on sewer systems, diversion\nchambers on intercepting sewers, and pumping stations which have\nreplaced a sewage treatment plant or plants. Such treatment works shall\nnot include any other sewers, nor any properties used in whole or in\npart for the administration of sewage treatment works unless such\nproperties are on the site of, and an integral part of, the sewage\ntreatment plant.\n c. "Qualifications for state assistance to municipalities" means and\nincludes submission by the municipality of (1) audited costs of sewage\ntreatment plant operation, (2) standard reports with respect to such\nplant performance and effect on receiving waters, (3) evidence that the\nsewage treatment plant is under the supervision of an operator qualified\npursuant to section f of chapter 11 of the State Sanitary Code, (4)\nevidence that the sewage from the tributary area reaches such sewage\ntreatment plant for processing, within practical limitations, (5)\nevidence that such sewage treatment plant is and has been constructed in\nsubstantial compliance with the plans approved by and on file with the\ncommissioner or with approved amendments thereto. The burden of proof to\nestablish qualifications for state assistance rests with the\nmunicipality.\n d. "Municipality" means a county, city, town, village or district\ncorporation, or a county or town on behalf of a special improvement\ndistrict, which operates and maintains sewage treatment works, or a city\non behalf of a sewer authority now existing in such city which operates\nand maintains sewage treatment works, or any of the foregoing in cases\nin which the sewage treatment works is operated and maintained by the\nNew York State Environmental Facilities Corporation pursuant to\nsubdivision 1 of section 1285 of the Public Authorities Law, or the New\nYork state pure waters authority acting pursuant to subdivision 3 of\nsection 1285 of the Public Authorities Law.\n 2. The commissioner shall apportion and approve for payment state\nassistance to each municipality which, by itself or in cooperation with\none or more other municipalities or other governments, operates and\nmaintains or is responsible for the payment of expenses for operation\nand maintenance of sewage treatment works during all or part of a fiscal\nyear of such municipality, in accordance with qualifications for state\nassistance applicable to the operation and maintenance of such works.\nWhere a special or improvement district or a sewer authority operates\nand maintains sewage treatment works, state assistance paid to a county,\ncity or town on behalf of such district or authority shall be credited\nby such county, city or town to such district or authority. Such state\nassistance, when apportioned among the municipalities applying, shall be\nfor not more than one-third of the amount approved by the commissioner\nas having been duly expended by the municipality for such operation and\nmaintenance during each of the two successive fiscal years of the\nmunicipality beginning with its fiscal year commencing on or after June\n1, 1974 and for one-fourth of such amount expended by the municipality\nduring each of the following five successive fiscal years of the\nmunicipality beginning with its fiscal year commencing on or after June\n1, 1976, for thirty-three and one-third percent of such amount expended\nby the municipality for its fiscal year commencing between June 1, 1981\nand May 31, 1982, for one-third of such amount expended by the\nmunicipality for its fiscal year commencing between June 1, 1982 and May\n31, 1983, for one-third of such amount expended by the municipality for\nits fiscal year commencing between June 1, 1983 and May 31, 1984, for\none-third of such amount expended by the municipality for its fiscal\nyear commencing between June 1, 1984 and May 31, 1985, for one-third of\nsuch amount expended by the municipality for its fiscal year commencing\nbetween June 1, 1985 and May 31, 1986, for one-third of such amount\nexpended by the municipality for its fiscal year commencing between June\n1, 1986 and May 31, 1987, for one-third of such amount expended by the\nmunicipality for its fiscal year commencing between June 1, 1987 and May\n31, 1988 and for one-third of such amount expended by the municipality\nfor its fiscal year commencing between June 1, 1988 and May 31, 1989.\nProvided further, however, if the amount appropriated by the legislature\nto meet the requirements of this section is insufficient to make the\nfull payments required herein, the amounts to be paid to municipalities\npursuant to this section shall be proportionately reduced. Such state\nassistance shall be paid on account of such expenditures after the\ntermination of the fiscal year of the municipality and after the\ncommissioner shall have determined, in accordance with this section;\n a. The total of such expenditures properly attributable to operation\nand maintenance, and\n b. That such operation and maintenance complied with the applicable\nqualifications for state assistance.\nAll payments of such state assistance shall be made after audit by and\nupon warrant of the comptroller on vouchers approved by the\ncommissioner.\n 3. A municipality applying for state assistance pursuant to this\nsection shall submit to the commissioner within sixty days after the\ntermination of a fiscal year of the municipality an application in such\nform and containing such information as the commissioner shall require\nin order to effectuate the purposes of this section and to perform his\nfunctions, powers and duties thereunder.\n 4. In administering and enforcing the provisions of this section the\ncommissioner shall:\n a. Annually furnish an estimate to the director of the budget of the\namount required to be included in the executive budget for state\nassistance payable under this section and for such purpose shall have\npower to require municipalities to file advance estimates of the amounts\nof state assistance estimated to be payable to them under this section\nduring the next fiscal year of the state.\n b. Deny state assistance to any municipality which fails to operate\nand maintain its sewage treatment works in accordance with\nqualifications for state assistance applicable to such works.\n c. Make an annual inspection of operating conditions and results,\nincluding the collection of necessary flow and analytical data and\nsampling, at each sewage treatment plan for the maintenance and\noperation of which state assistance is granted pursuant to this section.\n d. Promulgate such rules and regulations pursuant to subdivision 3 of\nsection 17-0303 as may be necessary, proper or desirable to carry out\neffectively the provisions of this section, including, but not limited\nto, standards of operating efficiency for sewage treatment works, based\non the best usage of the receiving waters, type of treatment provided,\nand available dilution.\n e. On or before May first, nineteen hundred seventy-five, the\ncommissioner shall present to the governor and the legislature a study\nof the system of state assistance payable under this section. The study\nshall describe the effect the provision of this state assistance has had\non the quality and efficiency of the treatment of sewage by\nmunicipalities. It shall also evaluate the effect that would be achieved\nby changing the type and level of assistance provided. In evaluating\nthese alternatives, it shall consider among other possible courses, the\npossibilities of providing aid in relation to the level of removal of\npollutants achieved, and of providing aid for certain items not now\nincluded in approvable operating costs such as repairs and\nrehabilitation of facilities, and of providing more or less state\nassistance for the various types of expenses. It shall also evaluate\nsuch other aspects of the program as shall be necessary to provide a\nclear picture of the current effectiveness of the program, how it may be\nimproved, what the annual costs of such improvements may be and whether\nsuch current or proposed expenditures do in fact provide a commensurate\nvalue to the state. Such study shall contain the commissioner's\nrecommendations for the continuation, elimination or modification of the\nsystem of state assistance payable under this section.\n