N.Y. Environmental Conservation Law § 17-1905: Operation and maintenance of sewage treatment works

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

1. As used in this section:

a. "Operation and maintenance" means and includes all direct costs for

labor, direct supervision, vehicles, vessels, supplies, materials, fuel,

lubricants, power, and similar costs, the direct costs charged against

labor such as retirement, social security, and insurance, and such other

charges as real property and school taxes and special assessments and ad

valorem levies on sewage treatment works located outside of the

corporate limits of the municipality, insurance premiums on sewage

treatment plant structures, and equipment. It shall not include any

administrative, legislative or overhead costs other than as outlined

above, costs of indirect supervision or costs of any capital

improvements.

b. "Sewage treatment works" means and includes the structures,

equipment, vehicles, vessels, and appurtenances of local government used

exclusively for the treatment of sewage and for the disposal of sludge

resulting from sewage treatment. Sewage treatment works shall also

include outlet sewers, overflow structures on sewer systems, diversion

chambers on intercepting sewers, and pumping stations which have

replaced a sewage treatment plant or plants. Such treatment works shall

not include any other sewers, nor any properties used in whole or in

part for the administration of sewage treatment works unless such

properties are on the site of, and an integral part of, the sewage

treatment plant.

c. "Qualifications for state assistance to municipalities" means and

includes submission by the municipality of (1) audited costs of sewage

treatment plant operation, (2) standard reports with respect to such

plant performance and effect on receiving waters, (3) evidence that the

sewage treatment plant is under the supervision of an operator qualified

pursuant to section f of chapter 11 of the State Sanitary Code, (4)

evidence that the sewage from the tributary area reaches such sewage

treatment plant for processing, within practical limitations, (5)

evidence that such sewage treatment plant is and has been constructed in

substantial compliance with the plans approved by and on file with the

commissioner or with approved amendments thereto. The burden of proof to

establish qualifications for state assistance rests with the

municipality.

d. "Municipality" means a county, city, town, village or district

corporation, or a county or town on behalf of a special improvement

district, which operates and maintains sewage treatment works, or a city

on behalf of a sewer authority now existing in such city which operates

and maintains sewage treatment works, or any of the foregoing in cases

in which the sewage treatment works is operated and maintained by the

New York State Environmental Facilities Corporation pursuant to

subdivision 1 of section 1285 of the Public Authorities Law, or the New

York state pure waters authority acting pursuant to subdivision 3 of

section 1285 of the Public Authorities Law.

2. The commissioner shall apportion and approve for payment state

assistance to each municipality which, by itself or in cooperation with

one or more other municipalities or other governments, operates and

maintains or is responsible for the payment of expenses for operation

and maintenance of sewage treatment works during all or part of a fiscal

year of such municipality, in accordance with qualifications for state

assistance applicable to the operation and maintenance of such works.

Where a special or improvement district or a sewer authority operates

and maintains sewage treatment works, state assistance paid to a county,

city or town on behalf of such district or authority shall be credited

by such county, city or town to such district or authority. Such state

assistance, when apportioned among the municipalities applying, shall be

for not more than one-third of the amount approved by the commissioner

as having been duly expended by the municipality for such operation and

maintenance during each of the two successive fiscal years of the

municipality beginning with its fiscal year commencing on or after June

1, 1974 and for one-fourth of such amount expended by the municipality

during each of the following five successive fiscal years of the

municipality beginning with its fiscal year commencing on or after June

1, 1976, for thirty-three and one-third percent of such amount expended

by the municipality for its fiscal year commencing between June 1, 1981

and May 31, 1982, for one-third of such amount expended by the

municipality for its fiscal year commencing between June 1, 1982 and May

31, 1983, for one-third of such amount expended by the municipality for

its fiscal year commencing between June 1, 1983 and May 31, 1984, for

one-third of such amount expended by the municipality for its fiscal

year commencing between June 1, 1984 and May 31, 1985, for one-third of

such amount expended by the municipality for its fiscal year commencing

between June 1, 1985 and May 31, 1986, for one-third of such amount

expended by the municipality for its fiscal year commencing between June

1, 1986 and May 31, 1987, for one-third of such amount expended by the

municipality for its fiscal year commencing between June 1, 1987 and May

31, 1988 and for one-third of such amount expended by the municipality

for its fiscal year commencing between June 1, 1988 and May 31, 1989.

Provided further, however, if the amount appropriated by the legislature

to meet the requirements of this section is insufficient to make the

full payments required herein, the amounts to be paid to municipalities

pursuant to this section shall be proportionately reduced. Such state

assistance shall be paid on account of such expenditures after the

termination of the fiscal year of the municipality and after the

commissioner shall have determined, in accordance with this section;

a. The total of such expenditures properly attributable to operation

and maintenance, and

b. That such operation and maintenance complied with the applicable

qualifications for state assistance.

All payments of such state assistance shall be made after audit by and

upon warrant of the comptroller on vouchers approved by the

commissioner.

3. A municipality applying for state assistance pursuant to this

section shall submit to the commissioner within sixty days after the

termination of a fiscal year of the municipality an application in such

form and containing such information as the commissioner shall require

in order to effectuate the purposes of this section and to perform his

functions, powers and duties thereunder.

4. In administering and enforcing the provisions of this section the

commissioner shall:

a. Annually furnish an estimate to the director of the budget of the

amount required to be included in the executive budget for state

assistance payable under this section and for such purpose shall have

power to require municipalities to file advance estimates of the amounts

of state assistance estimated to be payable to them under this section

during the next fiscal year of the state.

b. Deny state assistance to any municipality which fails to operate

and maintain its sewage treatment works in accordance with

qualifications for state assistance applicable to such works.

c. Make an annual inspection of operating conditions and results,

including the collection of necessary flow and analytical data and

sampling, at each sewage treatment plan for the maintenance and

operation of which state assistance is granted pursuant to this section.

d. Promulgate such rules and regulations pursuant to subdivision 3 of

section 17-0303 as may be necessary, proper or desirable to carry out

effectively the provisions of this section, including, but not limited

to, standards of operating efficiency for sewage treatment works, based

on the best usage of the receiving waters, type of treatment provided,

and available dilution.

e. On or before May first, nineteen hundred seventy-five, the

commissioner shall present to the governor and the legislature a study

of the system of state assistance payable under this section. The study

shall describe the effect the provision of this state assistance has had

on the quality and efficiency of the treatment of sewage by

municipalities. It shall also evaluate the effect that would be achieved

by changing the type and level of assistance provided. In evaluating

these alternatives, it shall consider among other possible courses, the

possibilities of providing aid in relation to the level of removal of

pollutants achieved, and of providing aid for certain items not now

included in approvable operating costs such as repairs and

rehabilitation of facilities, and of providing more or less state

assistance for the various types of expenses. It shall also evaluate

such other aspects of the program as shall be necessary to provide a

clear picture of the current effectiveness of the program, how it may be

improved, what the annual costs of such improvements may be and whether

such current or proposed expenditures do in fact provide a commensurate

value to the state. Such study shall contain the commissioner's

recommendations for the continuation, elimination or modification of the

system of state assistance payable under this section.