§ 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 commissi
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