New York Environmental Conservation Code § 17-1907

Contracts for construction of sewer systems
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§ 17-1907. Contracts for construction of sewer systems.\n  1. As used in this section:\n  a. "Construction" means and includes the building, installation, or\nextension of a sewer system; the inspection and supervision thereof; the\nengineering, legal, fiscal and economic investigations; studies,\nsurveys, designs, plans, contract drawings, specifications, procedures;\nand other actions necessary thereto.\n  b. "Sewer system" means and includes pipe lines or conduits, pumping\nstations, force mains, and all other constructions, devices, and\nappliances appurtenant thereto, used for conducting sewage (the\nwater-carried human, animal or other treatable wastes from residences,\nbuildings, industrial and commercial establishments or other places) to\na point of connection to the sewage treatment works as defined in\nsection 17-1903.\n  c. "Sewer connection" means and includes a point of connection between\na building, residence or other structure and a public sewer.\n  d. "Residence" means and includes a building or structure which is\noccupied principally as the home of one or more persons; provided,\nhowever, that such building or structure contain not more than two\ndwelling units.\n  e. "Municipality" means and includes any county, town, village,\ndistrict corporation, county or town improvement district, or any two or\nmore of the foregoing which are acting jointly in connection with an\neligible project. For purposes of this section only, an Indian\nreservation located partly or wholly within New York State shall be\nconstrued as a "municipality".\n  f. "Local governing body" means and includes (1) in a county, the\ncounty legislative body (2) in a town, the town board; (3) in a village,\nthe board of trustees; (4) in a district corporation or an improvement\ndistrict, the governing board; (5) in an Indian reservation, the proper\ntribal officials.\n  g. "Federal assistance" means and includes funds available, other than\nby loan, from the federal government to a municipality, either directly\nor through allocation by the state, for construction of a sewer system\nor which are used for such construction, pursuant to any other federal\nlaw or program.\n  i. "Project" means the construction of the whole or connected portion\nof a sewage collection system. Where the construction of a sewage\ncollection system is phased over a period of years, each phase may be\nconsidered as a project.\n  j. "Eligible project" means a project which in the judgment of the\ncommissioner meets all of the following requirements:\n  (1) It is in accord with applicable comprehensive studies and reports\nmade pursuant to section 17-1901 of this article;\n  (2) It conforms with applicable rules and regulations of the\ncommissioner and, in his opinion, reflects a reasonable effort to\ndevelop maximum economy in planning, design and construction, with an\nacceptable ratio between costs and benefits;\n  (3) It is necessary for the accomplishment of the state water\npollution control program;\n  (4) It is under construction in the period between April 1, 1965 and\nMarch 31, 1977;\n  (5) No portion of the project aided herein is eligible to receive\nassistance pursuant to section 17-1903;\n  (6) It serves inhabited residences in existence prior to the effective\ndate of this law;\n  (7) It serves the public by providing for the collection of sewage\n(house connections and pipes collecting exclusively industrial,\ncommercial and other nonresidential waste are ineligible);\n  (8) The project or major part thereof is, at the time of construction,\nlocated in: (a) a town which has a total population of seventeen\nthousand or less persons, or (b) a town outside of village area which\nhas a population density per square mile of less than one hundred\npersons.\n  k. "Capital cost" means the actual cost of construction of an eligible\nproject, not to include the cost of securing financing or interest on\nfunds borrowed to finance such construction, and representin

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