NY Env Conserv L § 56-0403 (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 56-0403 - Municipal Landfill Projects.

§ 56-0403. Municipal landfill projects.   1. As used in this title the following terms mean and include:  (a) "Landfill" means a disposal facility or part of one at which solid waste,  or its residue after treatment, is intentionally placed in or on land, and at which solid waste will remain after closure  and  which  is not  a  land  spreading facility, a surface impoundment, or an injection well.  (b) "Municipal landfill closure project" means  activities  undertaken to  close,  including  by reclamation, a landfill owned or operated by a municipality to achieve compliance with regulations promulgated  by  the department,  or  activities  undertaken  to  implement  a  landfill  gas management system project.  (c) "Landfill gas management system" means a system for  the  control, capture,  and  management of gas created within and emitted from a solid waste landfill.  (d) "Adirondack landfill project" means a project  undertaken  by  the state  and  a municipality or municipalities, where such project has the effect  of  eliminating  the  potential  for  the  disposal   of   waste originating  outside  the  Adirondack  park  at  a municipal solid waste landfill located within the Adirondack park.   2. 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  a  municipal  landfill  closure  project incurred  after April first, nineteen hundred ninety-three or Adirondack landfill project which is within the state of  New  York  and  which  is eligible for state assistance pursuant to this title.   3.  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.  In reviewing applications for projects pursuant to this section, the commissioner shall give due consideration to:  (a) the urgency of need to provide state assistance payments  for  the project  in  relation to the provision of monies for other project needs in the state known at the time such application is made;  (b) any adverse environmental  impact  resulting  from  the  municipal landfill, including effects on groundwater; and  (c)  the  ability  of  the  municipality  to  pay for the costs of the project.   4.  After  approval  of  an  application,  the  commissioner  and  the municipality  shall  enter into a contract for state assistance payments toward the cost of  such  project  which  shall  include  the  following provisions:  (a) A current estimate of the cost of the project as determined by the commissioner at the time of the execution of the contract.  (b) An agreement by the commissioner to make state assistance payments toward   the  cost  of  the  project  by  periodically  reimbursing  the municipality for costs incurred during the progress of the project to  a maximum  of  either  fifty percent of the cost, or ninety percent of the cost for a municipality  with  a  population  smaller  than  thirty-five hundred  as  determined  by the current federal decennial census, or two million dollars,  whichever  is  less.  The  commissioner  may  consider landfill  gas  management  projects  separately  from  landfill  closure projects. Such costs are subject to final computation and  determination by the commissioner upon completion of the project. For purposes of this subdivision, the approved project cost shall be reduced by the amount of any  specific  state  assistance  payments for landfill closure purposes received by the municipality from any source;  provided,  however,  that  non-specific  state assistance payments such as amounts paid pursuant to section fifty-four of the state finance law, shall not  be  included  in such cost reduction.  (c) An agreement by the municipality to proceed expeditiously with the project and to complete the project in accordance with plans and reports approved  by  the  department  and  with  the  conditions  of applicable permits, administrative orders or judicial orders.   5. In administering the provisions of this title the commissioner:  (a) shall  make  an  itemized  estimate  of  funds  or  appropriations requested annually for inclusion in the executive budget;  (b)  may,  in  the  name of the state, as further provided within this article, contract to make,  within  the  limitations  of  appropriations available  therefor,  state  assistance  payments toward the costs of an approved project. Such contracts shall be subject  to  approval  by  the state comptroller and, as to form, by the attorney general;  (c)  shall  approve  vouchers for the payments pursuant to an approved contract. All such payments shall be paid on the audit  and  warrant  of the state comptroller; and  (d)  may  perform  such  other  and  further acts as may be necessary, proper or desirable to carry out the provisions of this article.   6. A municipality shall have the power and authority to:  (a) undertake and carry out any project  for  which  state  assistance payments  and  loans  pursuant  to  contract  are  received or are to be received pursuant to this article and maintain and operate such project;  (b) expend money received from the state pursuant to this article  for costs incurred in conjunction with an approved project; and  (c) perform such other and further acts as may be necessary, proper or desirable to carry out a project or obligation, duty or function related thereto.   7.  Any  municipal  solid  waste  landfill or portion thereof that has closed or is in the process of closing that is required  by  federal  or state  law  or  regulation  to  install a landfill gas management system shall be eligible for state assistance for such landfill gas  management system project pursuant to this section.   8.  Notwithstanding paragraph (b) of subdivision four of this section, the commissioner, the commissioners of the Adirondack park  agency,  and such  other  state  agencies  as  may  be appropriate, may enter into an agreement with  a  municipality  or  municipalities  for  an  Adirondack landfill project, the capital costs of which shall be eligible for state assistance  payments  pursuant to this section. Such project may be part of a locally created, region wide solution to the solid  waste  problems within the adirondack park.