Legislation
SECTION 15-1511
Procedure on approval of application with respect to forest preserve reservoir projects
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 15
§ 15-1511. Procedure on approval of application with respect to forest
preserve reservoir projects.
1. The decision of the department on an application shall be certified
to the applicant. Thereafter, and at any time within five years of the
date of the decision, the applicant may petition the department that it
construct the reservoir and appurtenant works in accordance with the
approved plans. Such petition shall be in writing and shall be
accompanied by plans and specifications for the structures to be built
and such other papers as may be necessary to show to the satisfaction of
the department that the project in all respects conforms to the
requirements of the decision of the department. The department may
permit minor modifications in the plans or specifications, provided that
the general features of the project as first approved are not changed.
2. If the department decides that the project which it is asked to
build is in conformity with the provisions of its decision upon the
original application it shall advertise for proposals for doing the
work. Upon the receipt of such proposals, the department shall make a
final determination of the probable cost of the project and shall
require the applicant to state that it desires the work to proceed, and
to show that it has available sufficient funds to defray the total cost
thereof. If the applicant desires to carry out the project and the
department is satisfied that sufficient funds are available for the
purpose, the department shall thereupon let contracts for and proceed
with the construction of the works.
3. In obtaining proposals and letting contracts for and in the
prosecution of this work the department shall be governed by the
provisions of title 19 of this article, insofar as they may be
applicable to the provisions of this part of article 15.
preserve reservoir projects.
1. The decision of the department on an application shall be certified
to the applicant. Thereafter, and at any time within five years of the
date of the decision, the applicant may petition the department that it
construct the reservoir and appurtenant works in accordance with the
approved plans. Such petition shall be in writing and shall be
accompanied by plans and specifications for the structures to be built
and such other papers as may be necessary to show to the satisfaction of
the department that the project in all respects conforms to the
requirements of the decision of the department. The department may
permit minor modifications in the plans or specifications, provided that
the general features of the project as first approved are not changed.
2. If the department decides that the project which it is asked to
build is in conformity with the provisions of its decision upon the
original application it shall advertise for proposals for doing the
work. Upon the receipt of such proposals, the department shall make a
final determination of the probable cost of the project and shall
require the applicant to state that it desires the work to proceed, and
to show that it has available sufficient funds to defray the total cost
thereof. If the applicant desires to carry out the project and the
department is satisfied that sufficient funds are available for the
purpose, the department shall thereupon let contracts for and proceed
with the construction of the works.
3. In obtaining proposals and letting contracts for and in the
prosecution of this work the department shall be governed by the
provisions of title 19 of this article, insofar as they may be
applicable to the provisions of this part of article 15.