NY Env Conserv L § 27-0715 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 7 - Solid Waste Management and Resource Recovery Facilities 27-0715 - Solid Waste Management Technical Assistance.

§ 27-0715. Solid waste management technical assistance.   1.  The  department shall conduct a comprehensive program of technical assistance to local governments, the private sector and  individuals  to enhance  their  capabilities  to  properly  plan for and implement solid waste  management  programs  consistent  with  the  state  solid   waste management  policy  set  forth  in section 27-0106 of this article. This program  will  establish  continuing  and  comprehensive   programs   of technical  assistance designed to consolidate, simplify, or expedite the development and implementation of such solid waste management programs.   2. In conducting the program set forth in this section, the department shall  prepare,  provide  and  distribute  to  municipalities,  and  may distribute  to other persons, information and other technical assistance concerning development and  implementation  of  solid  waste  management plans,  programs  and facilities. Such information and assistance may be in the form of manuals,  generic  assessments  or  technical  assistance documents  and  other  written  materials  and,  as  may be appropriate, consultation services. Such information and assistance may  be  provided by  the  department  directly  or  by contract, shall be directed toward furthering the implementation of the state solid waste management policy established  pursuant  to  section  27-0106  of  this  article  and  the development  of  local  solid waste management plans pursuant to section 27-0107 of this article and shall address:  (a) available techniques and technologies for various forms  of  solid waste  management  and  recommendations  concerning  methods by which to achieve an appropriate balance among those techniques and  technologies, and  an  assessment  of  their  feasibility and usefulness under varying local circumstances;  (b) applicable regulatory programs and permit processes;  (c) with the assistance of the commissioner of  economic  development, and  in  cooperation  with  the  bureau of waste reduction and recycling established pursuant to  this  article,  assistance  in  developing  and implementing waste reduction, source separation and recycling programs;  (d)  the  potential availability of financial assistance from existing state programs and other sources for any or all aspects  of  a  proposed solid waste management program;  (e)   with   the   assistance  of  the  attorney  general,  the  state comptroller, and other appropriate officers and agencies of  the  state, the  development and implementation of contracts and service agreements, qualifications of vendors, and use of the procurement process, so as  to promote  compliance  with  the  applicable  provisions  of  the  general municipal law and federal and state anti-trust statutes;  (f) model local laws or  ordinances  to  effectively  implement  sound solid   waste  management  programs,  including  source  separation  and recycling efforts  and  regional  disposal,  management,  and  marketing activities;  (g)  generic  analyses of factors associated with the construction and operation of municipal solid waste management facilities;  (h) a clearinghouse of information and suggestions from other  states, agencies,  and municipalities, the federal government, and other sources pertaining to development and implementation of solid  waste  management programs,  including  those relating to cost avoidance, public education and information efforts and potential host community incentives; and  (i) the availability of consultation services pertaining to the issues identified and referred to in this section.   3. In effectuating the state solid waste management policy  set  forth in  section  27-0106 of this article, the technical assistance personnel and resources of the department and local officials  should  work  as  a team,  each  bringing  their  respective authority and responsibility to  bear in the development and implementation of a viable local solid waste management program, or, as may be appropriate, as  required  to  address specific problems associated with such programs. Accordingly, within the limits   of  appropriation  therefor,  upon  designation  of  the  local participants by a requesting  local  government,  the  department  shall provide  staff  and other resources, as appropriate, to work jointly and in cooperation with the requesting  local  government  on  a  continuing basis,  as  needed.  State  and  local  officials when working as a team should make available to interested parties periodic assessments of  the status and effectiveness of the team's efforts.   4. In addition to providing technical assistance to municipalities and planning units in addressing the issues identified in subdivision two of section  27-0107  of  this  article  as  they  relate  to the particular circumstances confronted by such municipalities and planning units,  the department shall assist municipalities in identifying and evaluating:  (i)  alternatives available for management of current and future solid waste, including costs and impacts of specific waste management methods; and  (ii) regulatory requirements associated  with  the  implementation  of such alternatives.   5.  In  administering  the  provisions of this section, the department shall provide to the governor, the legislature, and local governments on or before  December  thirty-first,  nineteen  hundred  eighty-eight  and annually   thereafter,   a  report  assessing  the  assistance  programs established  pursuant  to  this   title,   including   the   number   of municipalities   and   other   entities  which  received  assistance,  a description of the  services  provided  and  an  assessment  of  program effectiveness.   6.  The department shall submit to the director of the division of the budget, the chairman and ranking minority member of the  senate  finance committee  and  the chairman and ranking minority member of the assembly ways and means  committee  an  evaluation  of  the  assistance  programs established  in  this  section, and their implementation, prepared by an entity independent of the department. Such evaluation shall be submitted by September first, nineteen hundred  ninety  and  by  September  first, every two years thereafter.   7.  In administering assistance programs pursuant to this section, the commissioner  shall  consider  the  potential   for   coordination   and consolidation  of  solid waste management practices, including marketing efforts associated with source separation and recycling programs,  among municipalities  and  shall  encourage such cooperation and consolidation where it is practicable  and  would  result  in  enhanced  environmental protection and cost effectiveness.   8.  To  effectuate  the  purposes  of this section, the department may request and shall be entitled to  receive,  from  any  state  agency  or public   authority   and  the  same  are  authorized  to  provide,  such assistance, services, facilities, and data as will enable the department to carry out its functions, powers, and duties.