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Part 626: Air Quality Improvement Projects



§626.1 Definitions.

(a) Air quality improvement project shall mean the upgrading of an existing incinerator, furnace or boiler and appurtenances thereto now owned and operated by the State or municipality.

(b) Municipality shall a city, county, town, village or school district or an improvement district within a city, county, town or village, or any combination thereof.

(c) Upgrading shall mean construction, reconstruction, renovation, or other process or activity necessary to insure that an existing incinerator or furnace or boiler meets air quality emission standards promulgated by the commissioner.

(d) Cost shall mean the cost of upgrading including the cost of all systems, facilities, machinery and equipment, engineering and architectural services, plans and specifications, consultant and legal services, and other direct expenses incident to such upgrading less any Federal assistance received or to be received.

(e) Commissioner shall mean the Commissioner of Environmental Conservation.

(f) Department shall mean the Department of Environmental Conservation.

(g) Governing body shall mean:

(1) in the case of a town, a town board;

(2) in the case of a county outside of the City of New York, the county board of supervisors or other elective governing body;

(3) in the case of a city, or village, the local legislative body thereof, as the term is defined in the Municipal Home Rule Law;

(4) in the case of a school district, the board of education thereof; or

(5) in the case of a supervisory district, the board of cooperative educational services thereof.

§626.2 Application procedure for State assistance.

(a) A municipality shall make application for State assistance to be applied to the cost of an air quality improvement project on forms provided by the department. A separate application shall be required for each air quality improvement project.

(b) Each application for State assistance shall be accompanied by a duly certified resolution adopted by the governing body of the municipality making such application which shall set forth the authority of the municipality to make application for such State assistance and further shall name the individual, in his official capacity, who shall be authorized to sign said application as well as any contracts between the State and the municipality which may be required in order to qualify the municipality for State assistance.

(c) At the request of the commissioner, the municipality shall provide him with additional information, documents, transcripts or other evidentiary material which he may deem necessary to determine the eligibility of the municipality to obtain Federal aid relative to such application for State assistance or which may support the municipality's claim to its right, title and interest in the real or personal property for which the State assistance is requested.

§626.3 State Requirements.

(a) Any project for which application is submitted for State assistance shall comply in all respects with any Federal and State regulations, guidelines, instructions, criteria or other documents promulgated or issued by the Federal and State governments relative to such project.

(b) All contract documents prepared by the municipality for an air quality improvement project pursuant to this Part shall conform to all State and local laws, ordinances, rules and regulations.

(c) The municipality shall provide the department with such evidence which shall be in such form as may be necessary to demonstrate that on completion of the air quality improvement project for which State assistance is requested:

(1) The incinerator, furnace or boiler emissions will be in compliance with applicable State emission standards.

(2) The expected useful life of the upgraded incinerator, furnace or boiler and appurtenances thereto is a minimum of 15 years.

§626.4 Approval of Projects.

In addition to those considerations provided for in law, the commissioner in reviewing applications shall consider the status of compliance with respect to the national ambient air quality standards for the air quality region and county in which the facility is located as stated in the applicable implementation plan promulgated pursuant to the Clean Air Act of 1970.

§626.5 Payments.

(a) Installment payments of the State grant will be made at the request of the municipality, and will be based on the cost of the work performed, materials and equipment supplied and incorporated in, and services rendered in connection with, an approved project, and may be made as follows:

(1) a first installment not to exceed 50 percent of the cost for design and engineering and/or other planning services, payable following the signing of the grant contract and award of construction contract;

(2) a second installment when not less than one third of the construction of the project is completed;

(3) a third installment when not less than two thirds of the construction of the project is completed;

(4) a fourth installment when the project is completed, inspected and in operation;

(5) ten percent will be retained from each payment and the final payment will be released only after approval of final audit, contingent upon correction of deficiencies, if any, either in existence at the final inspection or that may have developed in the operation of the plant subsequent to the final inspection; or

(6) upon presentation of evidence supporting the necessity therefor, the commissioner may agree with a municipality to a different schedule of payments.

(b) Any cost of work completed after the final inspection will not be considered as part of the eligible project cost.

(c) The total grant payments for any project shall not exceed 50 percent of the estimated reasonable cost or the actual cost of the project, whichever is the lower after deducting any other State or Federal funds received or to be received for the project.

(d) In the event that the municipality fails to comply with any of the requirements of the Environmental Conservation Law or the State Sanitary Code, or rules and regulations of the commissioner applicable to the air quality improvement project, the commissioner may upon reasonable notice withhold, in whole or in part, further payments to the municipality pending compliance.