5 CRR-NY 71.12NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 5. DEPARTMENT OF ECONOMIC DEVELOPMENT
CHAPTER VIII. OFFICE OF WASTE PREVENTION SERVICES
PART 71. AGRICULTURAL WASTEWATER ENERGY CONSERVATION LOAN PROGRAM
5 CRR-NY 71.12
5 CRR-NY 71.12
71.12 Technical feasibility studies.
(a) A technical feasibility study must have been performed or updated within one year of the date of submission of a program application to the department. Updates must include a recalculation of the paybacks of the original technical feasibility study's proposed energy conservation improvements, based on current fuel costs.
(b) Technical feasibility studies with respect to a construction project must be prepared under the supervision of and stamped with the seal and signature of a registered architect or professional engineer.
(c) A technical feasibility study must contain the following information regarding the wastewater treatment project for which program assistance is being requested:
(1) a detailed description of the improvement to be implemented, including the daily volume of wastewater to be treated, the improvement in water quality projected to result from the project, and any necessary sketches or diagrams;
(2) a detailed breakdown of project costs;
(3) for projects involving construction, the proposed construction-to-occupancy schedule and copies of the preliminary architectural drawings, scope of work and schematics;
(4) energy calculations for the proposed wastewater treatment project, including:
(i) simple payback, calculated by dividing the total installed cost of the project presented in the selected contractor's bid, or in the applicant's schedules and selected estimate in the case of an in-house project, by the projected annual energy cost savings. Ongoing operation and maintenance costs, finance charges, and the cost of preparing and updating technical feasibility studies shall not be included in the total installed cost;
(ii) a full explanation of the methodology used in calculating energy savings. The department may provide standard calculation sheets, which must be used whenever provided. If standard calculation sheets have not been provided by the department, the methodology used to calculate energy savings will be reviewed for adequacy and reasonableness by the department;
(iii) all calculations, including units of measurement and formulae, of annual fuel use, and annual Btu and energy cost savings, with all assumptions and parameters clearly presented. The annual Btu and energy cost savings shall be based on actual consumption records for the applicant's existing wastewater treatment system for the prior 12-month period, and shall not include savings from taxes, dollar savings due to switching to lower cost fuels, and other savings which may be deemed inappropriate by the department. All formulae and calculations shall be based on generally accepted engineering standards and practices, and shall be reviewed for completeness and reasonableness by the department; and
(5) evidence satisfactory to the department that all applicable Federal, State and local permits, certificates and approvals have been applied for.
(d) Conflict of interest prohibited.
A person performing a technical feasibility study is permitted to provide construction management services to a program recipient, but such person may not be involved in the sale or installation of the proposed wastewater treatment project.
5 CRR-NY 71.12
Current through October 15, 2021
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