NY Env Conserv L § 56-0405 (2021)
2021 New York Laws ENV - Environmental Conservation Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 Title 4 - Solid Waste Projects 56-0405 - Municipal Recycling Projects.

§ 56-0405. Municipal recycling projects.   1. As used in this section the following terms mean:  (a)  "Recyclables  recovery  equipment" means structures, machinery or devices, singly or in combination, designed,  constructed  and  required primarily  to  separate,  process,  modify,  convert,  treat, or prepare collected solid waste, including household  hazardous  waste,  which  is included  as  part  of  a recyclables recovery program so that component materials or substances or recoverable resources may be used  as  a  raw material  for  new products or for useful purposes other than for energy recovery.  (b) "Recyclables recovery program" means a  program  undertaken  by  a municipality   consistent  with  requirements  of  section  one  hundred twenty-aa  of  the  general   municipal   law   to   provide   for   the environmentally  sound  recovery of recyclables, primarily involving the collection, aggregation and processing of recyclable materials for their use as raw materials for new products or for other useful purposes other than for energy  recovery,  through  facilities  planned,  designed  and constructed  to  ensure  environmental  protection  and  to maximize the potential  for  recyclables  recovery.  Such  program  shall  have  been approved  by  the  commissioner and undertaken consistent with any local solid waste management plan pursuant to section 27-0107 of this chapter.  (c) "Recycling project" means recyclables recovery  equipment,  source separation  equipment, a recyclables recovery program or any combination thereof required by a recyclables recovery program.  (d) "Source separation equipment" means municipally owned:  (i) add-ons or trailers designed  to  modify  collection  vehicles  to allow sorting and separation of collected wastes held for the purpose of recycling;  (ii)  containers  for  the  source separation and temporary storage of recyclable  wastes   by   commercial,   industrial   and   institutional generators,  and  for  the  source  separation  and temporary storage of recyclable materials by single  family  and  multiple  family  dwellings prior to collection;  (iii)  bins,  sheds  or  other facilities for the temporary storage of materials prior to transport for the purposes of recycling; and  (iv) collection vehicles specifically designed to hold  and  transport source-separated recyclables.   2.  State  assistance  payments toward the cost of municipal recycling projects shall be made pursuant to this title with the approval  of  the commissioner.   3.  In  reviewing  applications  for  state  assistance  payments  for municipal  recycling  projects,  the   commissioner   shall   give   due consideration to:  (a)  the  adequacy  of  the  municipality's  recycling program and its relationship to the needs and plans of other  municipalities;  provided, however,  that  such adequacy shall be determined in part by the efforts undertaken to date by the municipality to implement a  mandatory  source separation  law  or  ordinance  required pursuant to section one hundred twenty-aa of the general municipal law;  (b) the suitability and feasibility of the project in relation to  the recycling program and the area to be served;  (c)  the  proportion  of solid waste for which recyclables recovery is contemplated and the extent to which the project is consistent with  the statewide  solid waste recycling goals established under the state solid waste management plan, pursuant to section 27-0103 of this chapter;  (d) the potential for coordination and consolidation  of  solid  waste management   practices  among  municipalities  within  specified  areas, regions or planning units;  (e) the implementation of the system or components thereof  and  their expected terms of usefulness, singly or in combination;  (f)  the  present  and  projected  population, land use, and rates and composition of solid waste generation;  (g) the potential or contemplated markets  for  recovered  recyclables and  the  extent  to  which the full avoided costs of proper collection, transportation and disposal of source separated recyclables are, or  are projected to be, greater than the cost of collection, transportation and sale  of said recyclables less the amount received from the sale of said recyclables;  (h) the intergovernmental arrangements integral to the project;  (i) the non-governmental arrangements integral to the project;  (j) the urgency of the project, in  relationship  to  all  recyclables recovery program needs in the state; and  (k)  the  environmental  soundness of the project, including assurance that the project will meet all applicable laws, criteria, and rules  and regulations.   4. A municipality, upon the approval of its governing body, may submit an  application  to  the  commissioner, in such form and containing such information as  the  commissioner  may  require,  for  state  assistance payments  toward the cost of municipal recycling projects incurred after April first, nineteen hundred ninety-three which is within the state  of New  York  and  which  is eligible for state assistance pursuant to this title. The commissioner shall review such project  application  and  may approve,  disapprove  or recommend modifications thereto consistent with applicable law, criteria, standards or rules and regulations relative to such projects. Upon approval of a project  application,  a  municipality shall  enter  into  a contract, as further provided within this article, with the commissioner for state assistance payments toward the  cost  of such project to be received pursuant to this article.   5.  The  commissioner  may,  in  the  name  of  the  state, enter into contracts with  municipalities  to  provide  state  assistance  payments toward  the cost of municipal recycling projects which shall include the following provisions:  (a) an estimate of the costs of  the  project  as  determined  by  the commissioner;  (b) an agreement by the commissioner to make state assistance payments toward   the  cost  of  the  project  by  periodically  reimbursing  the municipality, during the progress of project  development  or  following completion  of  the  project as may be agreed upon by the parties, in an amount not to exceed the amounts established elsewhere  in  this  title; and  (c) an agreement by the municipality:  (i) to proceed expeditiously with and complete the project as approved by the commissioner;  (ii)  to  operate  and  maintain  the  municipal  recycling project in accordance with applicable laws and rules and regulations;  (iii) to provide for the payment of the municipality's  share  of  the cost of the project;  (iv)  to  continue, upon evaluation of its effectiveness, operation of the project and not to dispose of the project or any portion thereof  or change its use without the approval of the commissioner;  (v)  to assume the full cost of any continued operation of the project and to assume the full cost of any continued operation for a  period  no less than three years;  (vi) to repay within one year of notification by the commissioner, any state  assistance  payments  made  toward  the cost of the project or an  equitable  portion  of  such  moneys   declared   appropriate   by   the commissioner, if the municipality:  (A) fails to complete the project as approved;  (B) fails to continue operation of the project;  (C) disposes of the project, or any portion thereof, without the prior written approval of the respective commissioner; or  (D)  changes  the  use of the project, or any portion thereof, without the prior written approval of the commissioner. No  repayment,  however, shall  be  required where the commissioner determines that such failure, disposition or change of use was immediately necessary to protect public health and safety;  (vii) to apply for and  make  reasonable  efforts  to  secure  federal assistance for the project; and  (viii)  to  not  sell,  lease  or  otherwise  dispose  of or use lands acquired under this title for any purpose inconsistent with the  project under which such land is acquired.   In connection with each contract, the commissioner shall keep adequate records  of  the amount of the payment by the state and of the amount of federal assistance, if any, received by the municipality.  Such  records shall  be retained by the commissioner and shall establish the basis for recalculation of the state payment as required herein.