§ 118. Inspection; cost certification. 1. The local governing body, except in the county of Suffolk, the county sewer agency shall utilize any licensed professional engineer in its own personnel staff, or retain a licensed professional engineer or engineering firm to cause the following to be undertaken and completed:

Terms Used In N.Y. Transportation Corporations Law 118

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Local governing body: means the legislative body of a city, town or village authorized by law to establish a sewer district or otherwise to provide sewage-works facilities in such city, town or village wherein is located the area to be served by the sewage-works corporation. See N.Y. Transportation Corporations Law 115

(a) Initial examinations of the plans and specifications and a report to the local governing body and in Suffolk county also to the county sewer agency on the feasibility and adequacy thereof including recommended modification and changes, if any;

(b) Inspections at reasonable intervals during and after the construction of the sewage-works systems and a report to the local governing body and in Suffolk county also to the county sewer agency on the progress thereof;

(c) A report to the local governing body and in Suffolk county also to the county sewer agency on the cost of construction of the sewage-works system and appurtenances thereto and acquisition of all lands and rights in land therefor, which, in turn, shall apprise the corporation of such cost report. As a part of his report, the licensed engineer or engineering firm shall have the right and duty to examine or have examined the books and records, including all underlying documentation, of the corporation as well as all reports submitted by the corporation to governmental agencies or authorities to ascertain and verify the costs of construction and acquisition. The services of a licensed certified public accountant or licensed public accountant may be utilized, where in the judgment of the engineer, they may be required to properly ascertain and verify the fiscal information to be included in the engineer's report.

(d) A report to the local governing body and in Suffolk county also to the county sewer agency that construction has been completed in accordance with the plans and specifications filed with and approved by the department of health having jurisdiction.

2. The cost of any such retained licensed professional engineering services shall be reimbursed to the local governing body or sewer agency by the corporation, in accordance with an agreement which shall be entered into between such local governing body or sewer agency and such corporation stating the cost of such services and the terms for payment thereof.

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