reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-2 - Mercury-Added Consumer Products Labeling › Section 368-2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms have the following meanings when used
						in this Subpart.
(a) 'Consumer' means
					 any person who purchases a mercury-added consumer product for use other than
					 resale.
(b) 'Department' means the
					 New York State Department of Environmental Conservation.
(c) 'Distributor' means any person who sells
					 mercury-added consumer products to a retailer in New York State, including any
					 manufacturer who sells to retailers in the state.
(d) 'Manufacturer' means any person who
					 manufactures mercury-added consumer products.
(e) 'Mercury-added consumer product' means any
					 device or material into which elemental mercury or mercury compounds are
					 intentionally added during the device's or material's formulation or manufacture,
					 and in which the continued presence of mercury is required to provide a specific
					 characteristic, appearance or quality, or to perform a specific function. This
					 term includes, but is not limited to, mercury-containing:
(1) thermostats;
(2) thermometers;
(3) switches, whether individually or as part
					 of another product;
(4) medical or
					 scientific instruments;
(5)
					 electrical relays and other electrical devices;
(6) lamps; and
(7) batteries sold to consumers, not including
					 button batteries.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-2 - Mercury-Added Consumer Products Labeling › Section 368-2.3 - Labeling standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 mercury-added consumer product, and its package, sold or offered for sale in New
					 York State by a distributor or retailer must be labeled by the manufacturer in
					 accordance with the provisions of this section, unless an alternative label has
					 been approved by the department in accordance with section 368-2.4  of this
					 Subpart. The label must:
(1) clearly and
					 conspicuously inform the consumer that mercury is present in the product and that
					 the product cannot be disposed of or placed with waste destined for
					 disposal;
(2) be conspicuous to the
					 consumer prior to the purchase of the product and during the installation and
					 removal of the product; and
(3) be
					 affixed to the product and composed of a material sufficiently durable to remain
					 legible and affixed for the useful life of the product.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-2 - Mercury-Added Consumer Products Labeling › Section 368-2.4 - Alternative labeling approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 manufacturer may request, in writing, that the department approve alternative
					 labeling, including package labeling, for mercury-added consumer products. A
					 manufacturer must submit the following to the department, or the regional
					 multi-state clearinghouse, with its request:
(1) documentation demonstrating that the
					 proposed alternative label is approved for use in another state, if
					 applicable;
(2) documentation that a
					 product or class of products cannot reasonably be labeled to comply with the
					 requirements of section 368-2.3  of this Subpart; and
(3) an alternative labeling plan that describes
					 how the proposed alternative label will address, at a minimum, the intent of each
					 of the provisions identified in subdivision 368-2.3(a)  of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-2 - Mercury-Added Consumer Products Labeling › Section 368-2.5 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Subpart or its application to any
						person or circumstance is held to be invalid, the remainder of this Subpart, and
						the application of that provision to persons or circumstances other than those to
						which it is held invalid, shall not be affected thereby.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-3 - Electronic Waste Collection, Recycling, and Reuse › Section 368-3.1 - Purpose, Applicability, and Transition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose and Applicability. This Subpart
					 regulates the collection, storage, and disposal of electronic waste and applies
					 to all covered electronic equipment (CEE) manufacturers, collectives, retailers,
					 and consumers. This Subpart also applies to any electronic waste collection site,
					 electronic waste consolidation facility, electronic waste recycling facility,
					 electronic waste collector, person conducting an electronic waste collection
					 event, waste transporter, solid waste management facility, and hazardous waste
					 management facility.
(b) Transition.
					 Any person who was registered with the department prior to the effective date of
					 this regulation must update its online registration form and comply with all
					 applicable requirements of this Subpart by January 1, 2023.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-3 - Electronic Waste Collection, Recycling, and Reuse › Section 368-3.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms have the following meanings when used
						in this Subpart.
(a) 'Acceptance
					 standard' means the minimum amount of electronic waste that a manufacturer must
					 accept for a calendar year in its electronic waste acceptance program through
					 registered program partners to avoid a recycling surcharge as prescribed in
					 subdivision (b) of section 368-3.6  of this Subpart.
(b) 'Business consumer' means a for-profit
					 entity which has 50 or more full-time employees or a not-for-profit corporation
					 with 75 or more full-time employees, other than a not-for-profit corporation
					 designated under Internal Revenue Code (26 USC) § 501(c)(3), which is
					 incorporated by reference as Title 26 of the United States Code (Internal Revenue
					 Code), Subtitle A (Income Taxes), Chapter 1 (Normal Taxes and Surtaxes),
					 Subchapter F (Exempt Organizations), Part I (General Rule), Section 501
					 (Exemption from tax on corporations, certain trusts, etc.), December 20, 2019,
					 and is on file with the New York State Department of State, available from the
					 Superintendent of Documents, U.S. Government Printing Office, Washington, DC
					 20402, and available for inspection and copying at the department's office
					 located at 625 Broadway, Albany, New York 12233.
(c) 'Cathode ray tube' or 'CRT' means a vacuum
					 tube or picture tube used to convert an electronic signal into a visual
					 image.
(d) 'Collective' means an
					 organization established to administer an electronic waste acceptance program on
					 behalf of one or more manufacturers.
(e) 'Computer' means an electronic, magnetic,
					 optical, electrochemical, or other high-speed data processing device performing a
					 logical, arithmetic, or storage function, and may include both the central
					 processing unit and the monitor.
(1) 'Computer'
					 includes, but is not limited to:
(i) a laptop
					 computer;
(ii) a desktop
					 computer;
(iii) a tablet
					 computer;
(iv) a notebook
					 computer;
(v) a workstation
					 computer;
(vi) an e-reader;
(vii) an all-in-one computer;
(viii) an interactive flat panel display with
					 built-in processor;
(ix) a mini
					 computer;
(x) a thin client
					 computer;
(xi) virtual reality
					 headset with built-in processor; or
(xii) other similar devices as determined by
					 the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-3 - Electronic Waste Collection, Recycling, and Reuse › Section 368-3.3 - Manufacturer requirements

Current through Register Vol. 46, No. 28, July 10, 2024
No manufacturer, as defined in section 368-3.2  of this
						Subpart, may sell or offer for sale CEE in the state unless it has registered
						with the department and is in compliance with the requirements of this
						section.
(a) Registration.
(1) Online registration form. A manufacturer
					 must register with the department by completing and submitting an online
					 registration form, as prescribed by the department.
(2) Manufacturer registration fee. The
					 following persons must submit a one-time, non-refundable registration fee of five
					 thousand dollars ($5,000) to the department at the time of registration:
(i) any manufacturer operating an individual
					 electronic waste acceptance program; or
(ii) any manufacturer previously registered as
					 participating in a collective acceptance program that intends to operate an
					 individual acceptance program.
(3) Acceptance by the department. A
					 manufacturer's registration is effective upon receiving notification of approval
					 by the department. To receive approval from the department, the manufacturer must
					 demonstrate compliance with the requirements of paragraphs (1) and (2) of this
					 subdivision.
(4) Registration update.
					 A manufacturer must update its online registration form within 30 days of a
					 material change to any registration information provided to the
					 department.
(5) Manufacturer sales
					 data. A manufacturer must provide state sales data to the department in its
					 registration. A manufacturer that cannot provide accurate state sales data must
					 explain why such data cannot be accurately provided and may estimate state sales
					 data by:
(i) dividing its national sales data
					 by weight by the national population according to the most recent census and
					 multiplying the result by the population of the state; or
(ii) making a request, supported by sufficient
					 documentation, to use an alternative method to determine state sales data,
					 subject to approval by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-3 - Electronic Waste Collection, Recycling, and Reuse › Section 368-3.4 - Collective requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A manufacturer or group of manufacturers may satisfy the
						electronic waste acceptance program requirements of section 368-3.5  of this
						Subpart by participating in a collective registered with the department. A
						collective's acceptance program must meet the same requirements as an individual
						manufacturer's acceptance program for each of its participating
						manufacturers.
(a) Registration.
(1) Online registration form. A collective must
					 register with the department as a collective by completing and submitting an
					 online registration form, as prescribed by the department.
(2) Collective registration fee. A collective
					 must submit a one-time, non-refundable registration fee of ten thousand dollars
					 ($10,000) to the department at the time of registration.
(3) Acceptance by the department. A
					 collective's registration is effective upon notification of approval by the
					 department. To receive approval from the department, the collective must
					 demonstrate compliance with the requirements of paragraphs (1) and (2) of this
					 subdivision.
(4) Registration update.
					 A collective must update its online registration or annual report form within 30
					 days of a material change to any registration information provided to the
					 department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-3 - Electronic Waste Collection, Recycling, and Reuse › Section 368-3.6 - Manufacturer credits and surcharges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Electronic waste acceptance credits. If a
					 manufacturer accepts more electronic waste than its acceptance standard for the
					 calendar year, then the excess weight may be used as electronic waste acceptance
					 credits and may be sold, traded, or banked for up to three calendar years
					 following the year in which the credits were earned.
(1) Each pound of excess electronic waste
					 collected will be equivalent to one credit. Fractions of pounds will be rounded
					 to the nearest whole number.
(2)
					 Credit transactions must be reported to the department in the manufacturer's
					 annual report.
(3) A credit must not
					 be used, purchased, or sold to satisfy an acceptance standard in the same
					 calendar year in which the credit was generated.
(4) No more than 25 percent of a manufacturer's
					 acceptance standard for any calendar year may be satisfied with credits generated
					 in any prior calendar year.
(5) A
					 credit purchased by a manufacturer in a calendar year must be applied to that
					 calendar year's acceptance standard and must not be used to meet subsequent
					 years' obligations.
(6) A credit may
					 only be used to meet a shortfall in electronic waste acceptance and must not be
					 applied in excess of a manufacturer's acceptance standard.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-3 - Electronic Waste Collection, Recycling, and Reuse › Section 368-3.7 - Retailer requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A retailer:
(a)
					 must, at the point of sale, provide information to consumers of CEE detailing
					 opportunities for the return and recycling or reuse of CEE, if such information
					 has been provided to the retailer by a manufacturer or collective;
(b) must not sell or offer for sale in the
					 state any CEE unless it has verified that the CEE's manufacturer and brands are
					 registered with the department pursuant to section 368-3.3  of this
					 Subpart;
(c) may continue to sell
					 already purchased brands of CEE for 180 days after the manufacturer's
					 registration is revoked by the department; and
(d) must provide the department with a current
					 list of manufacturers and brands for the CEE offered for sale by the retailer in
					 the state, upon request.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-3 - Electronic Waste Collection, Recycling, and Reuse › Section 368-3.8 - Electronic waste collection site requirements

Current through Register Vol. 46, No. 28, July 10, 2024
No person may operate an electronic waste collection site
						in the state unless the collection site has been registered with the department
						and is in compliance with the requirements of this section.
(a) Registration.
(1) Online registration form. Each owner,
					 operator, or person that intends to operate an electronic waste collection site
					 must register the collection site with the department by completing and
					 submitting an online registration form, as prescribed by the department, at least
					 30 days prior to commencement of operation. Registration of an electronic waste
					 collection site does not require a registration fee.
(2) Acceptance by the department. A collection
					 site's registration is effective upon receiving notification of approval by the
					 department. To receive approval from the department, the owner or operator of a
					 collection site must demonstrate compliance with the requirements of paragraphs
					 (1) and (2) of this subdivision.
(3)
					 Retailers registering multiple collection sites. A retailer operating, or
					 intending to operate, multiple electronic waste collection sites may register all
					 of its collection sites together by providing the name, address, and telephone
					 number of each individual collection site on the online registration form
					 required by paragraph (1) of this subdivision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-3 - Electronic Waste Collection, Recycling, and Reuse › Section 368-3.9 - Electronic waste consolidation facility requirements

Current through Register Vol. 46, No. 28, July 10, 2024
No person may operate an electronic waste consolidation
						facility in the state unless the consolidation facility has been registered with
						the department and is in compliance with the requirements of this section.
(a) Registration.
(1) Online registration form. Each owner,
					 operator, or person that intends to operate an electronic waste consolidation
					 facility must register the consolidation facility with the department by
					 completing and submitting an online registration form, as prescribed by the
					 department, at least 30 days prior to commencement of operation.
(2) Consolidation facility registration fee. A
					 one-time, non-refundable registration fee of two hundred fifty dollars ($250) is
					 required at the time of registration of a consolidation facility.
(3) Acceptance by the department. A
					 consolidation facility's registration is effective upon receiving notification of
					 approval by the department. To receive approval from the department, the owner or
					 operator of a consolidation facility must demonstrate compliance with the
					 requirements of paragraphs (1) and (2) of this subdivision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-3 - Electronic Waste Collection, Recycling, and Reuse › Section 368-3.11 - Electronic waste collector requirements

Current through Register Vol. 46, No. 28, July 10, 2024
No person may operate as an electronic waste collector
						unless the person is registered with the department and is in compliance with the
						requirements of this section.
(a)
					 Registration.
(1) Online registration form. Each
					 electronic waste collector, or person intending to become an electronic waste
					 collector, must register with the department as a collector by completing and
					 submitting an online registration form, as prescribed by the department, at least
					 30 days prior to accepting or receiving any electronic waste from a consumer.
					 Registration as an electronic waste collector does not require a registration
					 fee.
(2) Acceptance by the
					 department. An electronic waste collector's registration is effective upon
					 receiving notification of approval by the department. To receive approval from
					 the department, the collector must demonstrate compliance with the requirements
					 of paragraph (1) of this subdivision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-3 - Electronic Waste Collection, Recycling, and Reuse › Section 368-3.12 - Electronic waste collection event requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Any person conducting an electronic waste collection event
						must:
(a) notify the department in
					 writing at least 30 days before each collection event is to be held, on a form
					 prescribed by the department, if such event is not being held as part of a
					 manufacturer's or collective's electronic waste acceptance program;
(b) not charge for the acceptance of electronic
					 waste from consumers if the electronic waste is collected as part of a
					 manufacturer's or collective's electronic waste acceptance program, but may
					 charge for the acceptance of electronic waste from business consumers or for
					 providing a premium service; and
(c)
					 coordinate with the officials of the local municipality and county where the
					 collection event will be held and provide advance notification to the
					 municipality and county, at least 30 days before any collection event, including,
					 but not limited to, information on the date, time, and address of the collection
					 event, as well as the types of CEE to be collected.
(d)
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-3 - Electronic Waste Collection, Recycling, and Reuse › Section 368-3.13 - Waste transporter and waste management facility requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Waste transporter requirements. Each person
					 engaged in the transport of solid waste for delivery to a solid waste management
					 facility must provide written information annually on the proper methods for the
					 recycling of electronic waste, to any person who utilizes its waste transporter
					 services. Such information shall also state, that no person may dispose of, or
					 place for collection intended for disposal, electronic waste at a solid or
					 hazardous waste management facility, landfill, or waste-to-energy facility in the
					 state.
(b) Solid waste management
					 facility requirements. An owner or operator of a solid waste management facility
					 in the state must annually educate users of its facility on the proper methods
					 for the management of electronic waste in accordance with clause
					 360.19(c)(1)(v)('a').
(c) Hazardous
					 waste management facility requirements. An owner or operator of a hazardous waste
					 management facility in the state must annually educate users of its facility on
					 the proper methods for the management of electronic waste as follows:
(i) provide written information annually to
					 users of the facility on the proper methods of recycling electronic
					 waste;
(ii) maintain written
					 information on site and provide the information to users of the facility upon
					 request; and
(iii) post signs in
					 conspicuous locations at the facility stating that electronic waste cannot be
					 disposed of at the facility.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-3 - Electronic Waste Collection, Recycling, and Reuse › Section 368-3.14 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Subpart or its application to any
						person or circumstance is held to be invalid, the remainder of this Subpart, and
						the application of that provision to persons or circumstances other than those to
						which it is held invalid, shall not be affected thereby.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-1 - General Provisions › Section 369-1.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth the application, review, and
						contracting procedures for the state assistance grant programs for municipal
						waste reduction, recycling, household hazardous waste collection and disposal,
						beverage container assistance, targeted priority area municipal waste reduction
						and recycling projects pursuant to Title 7 of Article 54 of the Environmental
						Conservation Law (ECL), and nonhazardous municipal landfill closure and municipal
						landfill gas management projects pursuant to Title 5 of Article 54 of the
						ECL.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-1 - General Provisions › Section 369-1.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part applies
					 to requests for funding through grant opportunities provided in the ECL for:
(1) municipal waste reduction, recycling,
					 household hazardous waste collection and beverage container assistance capital
					 projects detailed in Subpart 369-2;
(2) education, promotion, planning and
					 coordination costs related to municipal waste reduction and recyclables recovery
					 programs as detailed in Subpart 369-3;
(3) education, promotion and disposal costs
					 related to municipal household hazardous waste collection, processing and
					 disposal programs as detailed in Subpart 369-4;
(4) targeted priority area municipal waste
					 reduction and recycling projects as detailed in subpart 369-5;
(5) nonhazardous municipal landfill closure
					 projects as detailed in Subpart 369-6; and
(6) nonhazardous municipal landfill gas
					 management projects as detailed in Subpart 369-7.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-1 - General Provisions › Section 369-1.3 - Contract requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon approval by
					 the department of a grant application, an eligible applicant must execute a
					 contract with the department in order to obtain state assistance.
(b) Contracts for State assistance between the
					 department and an eligible applicant must be in a form provided by the
					 department.
(c) Any grantee under a
					 state assistance contract must undertake and complete the project as set forth in
					 the state assistance contract and, in addition to the requirements of this Part,
					 must adhere to any requirements and conditions set forth in the
					 contract.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-1 - General Provisions › Section 369-1.4 - Payment requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Under
					 a contract for state assistance, a grantee may periodically request up to 50
					 percent reimbursement of the eligible costs of completed portions of the project,
					 and, in the case of a landfill closure project, a municipality with a population
					 less than 3,500, as determined by the federal decennial census at the time of
					 contract, may periodically request up to 90 percent reimbursement of the eligible
					 costs of completed portions of the project. Payment requests are to be submitted
					 to the department in a form prescribed by the department and must contain all
					 information required by the department.
(b) Only expenses determined by the department
					 to satisfy the terms of the contract will be reimbursed. For landfill closure and
					 landfill gas management projects, ten percent of the approved reimbursement
					 amount will be retained by the state until the completed project is reviewed and
					 approved by the department.
(c) The
					 grantee is required to submit a certificate of completion, in a form prescribed
					 by the department, accompanying the final payment request for the project. The
					 final payment request will be considered incomplete until the department receives
					 the certificate of completion.
(d)
					 The department may conduct inspections of the project or request a presentation
					 by the applicant for planning, promotional and educational projects or household
					 hazardous waste collection and disposal projects before making a determination
					 for final payment approval.
(e)
					 Payment under the state assistance contract will be made only after approval by
					 the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-1 - General Provisions › Section 369-1.5 - Additional requirements

Current through Register Vol. 46, No. 28, July 10, 2024
State assistance toward the cost of an eligible
						project:
(a) will not exceed 50 percent
					 of the eligible project cost or in the case of a landfill closure project, 90
					 percent of the eligible cost for a municipality with a population less than 3,500
					 as determined by the federal decennial census at the time of contract;
(b) will not exceed two million
					 dollars;
(c) will be reduced by the
					 amount of any other grants, including matching funds, for the project received by
					 the municipality from any source; and
(d) is subject to final computation and
					 determination by the department upon completion of the project and cannot exceed
					 the maximum eligible cost set forth in the contract.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-1 - General Provisions › Section 369-1.6 - Suspension or termination of obligations and return of state assistance for nonperformance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
					 acts by a municipality constitute cause for the suspension or termination of any
					 obligation of the department under a state assistance contract executed pursuant
					 to this Part:
(1) Failure to undertake or
					 complete a project funded in whole or part by a state assistance
					 contract.
(2) Failure to make
					 satisfactory progress, as determined by the department, on a project funded in
					 whole or part by a state assistance contract.
(3) Failure to continue implementation and
					 operation of a project funded in whole or part by a state assistance
					 contract.
(4) Changes in the use of
					 the project, or any portion thereof, without the prior written approval of the
					 department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-2 - Municipal Waste Reduction, Recycling, Household Hazardous Waste Collection and Beverage Container Assistance Capital Projects › Section 369-2.1 - General application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An eligible applicant, upon the approval of
					 its governing body, may submit an application to the department, in a form and
					 containing information as the department may require, for state assistance toward
					 the cost of an eligible project. The procedures in this section are only
					 applicable to funding provided pursuant to this Subpart.
(b) Application will be limited to eligible
					 costs incurred no more than one calendar year before the date the application is
					 received by the department.
(c)
					 Applications will be reviewed in the order received. If sufficient funding is not
					 available at the time of application review, applications approved under this
					 Subpart will be held in order of submittal until funding becomes
					 available.
(d) Acceptance of an
					 application or determination by the department that an application is complete is
					 not to be interpreted as a guarantee or promise of funding from the
					 department.
(e) Applications will be
					 reviewed and may be approved, disapproved or recommended for modification by the
					 department, consistent with the requirements of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-2 - Municipal Waste Reduction, Recycling, Household Hazardous Waste Collection and Beverage Container Assistance Capital Projects › Section 369-2.2 - Eligible Projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Eligible projects are capital projects and can include municipal waste reduction
					 projects, recycling projects, household hazardous waste collection projects and
					 beverage container assistance projects.
(1)
					 Eligible municipal waste reduction projects may include planning and educational
					 or promotional activities intended to increase public awareness of methods to
					 prevent the generation of waste, including, but not limited to, the reuse of
					 certain materials, substitution of non-toxic household products, and the
					 promotion of backyard composting.
(2)
					 Eligible recycling projects may include:
(i)
					 recyclables recovery equipment purchases;
(ii) recyclables recovery programs; and
(iii) source separation
					 equipment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-2 - Municipal Waste Reduction, Recycling, Household Hazardous Waste Collection and Beverage Container Assistance Capital Projects › Section 369-2.3 - Application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The following must be included in an application for a
						capital project for which an eligible applicant seeks state assistance under this
						Subpart:
(a) An application cover page
					 signed by a duly authorized representative of the applicant. The application
					 cover page must also designate a project contact person who is available to
					 answer technical or administrative questions regarding the project
					 application.
(b) A project
					 description of the proposed project, including, but not limited to, the
					 following:
(1) Overall objectives or goals of
					 the applicant in seeking to complete the project, such as:
(i) new solid waste management program
					 components to be initiated;
(ii)
					 quantitative improvements in existing solid waste management program components,
					 such as:
(a) increases in tonnages
					 collected;
(b) increases in sectors
					 covered by recyclables recovery programs; or
(c) increases in participation rates.
(iii) qualitative improvements in
					 existing waste reduction, recycling and household hazardous waste program
					 components, such as:
(a) greater collection or
					 processing efficiency; or
(b)
					 improved services.
(iv)
					 other program goals or objectives.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-2 - Municipal Waste Reduction, Recycling, Household Hazardous Waste Collection and Beverage Container Assistance Capital Projects › Section 369-2.4 - Ineligible costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
					 costs are ineligible for State assistance:
(1)
					 costs of vehicles or other equipment used for repair, cleaning or maintenance of
					 roads, sewers, parks, municipal facilities or other public properties;
(2) costs of general purpose vehicles,
					 all-terrain vehicles, passenger cars, and other similar vehicles even if
					 partially used in a recyclables collection program;
(3) costs of maintenance or operational
					 equipment, including but not limited to, hand tools, power tools, spare parts and
					 backup equipment;
(4) costs of road
					 service or repair of equipment;
(5)
					 costs of engineering services related to individual equipment design,
					 specification, or selection;
(6)
					 costs of deconstruction or demolition related to individual equipment;
(7) non-principal charges for any municipally
					 owned equipment or facilities purchased through a lease-purchase or other similar
					 agreement;
(8) costs of construction
					 or improvements of facilities that are not directly related to waste reduction or
					 recycling activities, household hazardous waste facilities or beverage container
					 projects;
(9) costs of general
					 infrastructure (e.g., roadways, water and sewer lines and facilities, exterior
					 natural gas lines or exterior electric service), when the infrastructure is
					 located outside the property boundaries of the applicable project site;
(10) ordinary program and facility operating
					 costs, including, but not limited to, purchase of leaf collection bags, office
					 supplies and equipment, equipment service, office maintenance, internet service,
					 telephone, utilities, mileage costs, travel expenses, and fuel, or other similar
					 expenses;
(11) costs of equipment
					 used for the collection, processing, transportation, marketing or use of waste
					 tires, used oil, construction and demolition debris, household batteries,
					 antifreeze, refrigerant chemicals, or fluorescent bulbs;
(12) bonus payments to contractors;
(13) damage payments or settlements paid to
					 claimants;
(14) costs incurred in
					 preparing and submitting an application for State assistance;
(15) costs of bonding and interest
					 payments;
(16) costs required by the
					 department as part of an enforcement settlement (e.g., environmental benefit
					 project, compliance schedule, or consent order); and
(17) unnecessary or unreasonable costs as
					 determined by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-3 - MUNICIPAL WASTE REDUCTION AND RECYCLING EDUCATION, PROMOTION, PLANNING AND COORDINATION PROJECTS › Section 369-3.2 - Eligible projects

Current through Register Vol. 46, No. 28, July 10, 2024
Eligible projects for State assistance under this Subpart
						include planning, educational and promotional activities to increase public
						awareness of and participation in waste reduction and recycling. Projects may
						include salary and fringe benefit costs for recycling coordination, publications,
						education and outreach for recycling and waste reduction.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-3 - MUNICIPAL WASTE REDUCTION AND RECYCLING EDUCATION, PROMOTION, PLANNING AND COORDINATION PROJECTS › Section 369-3.3 - Application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The following must be included in an application for state
						assistance for eligible projects defined in Section
						369-3.2  of this Subpart:
(a) An application cover page signed by a duly
					 authorized representative of the municipality. The application cover page must
					 also designate a project contact person who is available to answer technical or
					 administrative questions regarding the project application.
(b) A project description that describes the
					 proposed project, including, but not limited to, the following:
(1) overall objectives or goals of the
					 applicant in seeking to complete this project, such as:
(i) new municipal program components to be
					 initiated;
(ii) predicted
					 quantitative improvements in existing program components compared to the three
					 previous years of data, if available, such as:
(a) decreases in waste generation and
					 collection;
(b) increases in
					 participation rates; and
(c)
					 increases in sectors covered;
(iii) predicted qualitative improvements to the
					 existing program, such as:
(a) greater program
					 efficiency; and
(b) improved services
					 and information provided to target audiences; and
(iv) other program goals or
					 objectives.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-3 - MUNICIPAL WASTE REDUCTION AND RECYCLING EDUCATION, PROMOTION, PLANNING AND COORDINATION PROJECTS › Section 369-3.4 - Ineligible costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following costs are
					 ineligible for state assistance:
(1) costs of
					 any item not primarily used for educating, promoting, planning and coordinating
					 the benefits or methods of waste reduction, reuse and recycling;
(2) ordinary operating costs for facilities and
					 offices, including, but not limited to, office supplies and equipment, equipment
					 service, office maintenance, internet service, telephone (except for dedicated
					 recycling "hotlines"), utilities, mileage costs, travel expenses, and fuel within
					 an applicant's service area or other similar costs or expenses, as determined by
					 the department;
(3) indirect,
					 overhead or in-kind costs;
(4) costs
					 incurred in preparing and submitting an application for State
					 assistance;
(5) costs required by the
					 department as part of an enforcement settlement (e.g., environmental benefit
					 project, compliance schedule, or consent order); and
(6) unnecessary or unreasonable costs as
					 determined by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-4 - Municipal Household Hazardous Waste Collection and Disposal Projects › Section 369-4.1 - General application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A municipality,
					 upon the approval of its governing body, may submit an application to the
					 department, in a form and containing information as the department may require,
					 for state assistance toward the cost of an eligible project. The procedures
					 outlined in this section are only applicable to funding provided pursuant to this
					 Subpart.
(b) All applications
					 received after November 4, 2017 are limited to eligible costs incurred during the
					 previous calendar year.
(c)
					 Department receipt and processing of applications.
(1) A municipality may submit only one
					 application for state assistance for each calendar year for all eligible
					 household hazardous waste collection and disposal costs incurred during the
					 previous calendar year.
(2)
					 Applications will be accepted by the department during the months of January and
					 February of each calendar year for the previous calendar year period. All
					 applications must be received during this two-month period. Applications received
					 after February 28th, or 29th in a leap year, of each calendar year, other than
					 those submitted pursuant to the provisions of paragraph (3) of this subdivision,
					 will not be accepted.
(3) If an
					 application is determined by the department to be incomplete, the applicant will
					 be notified by the department and the application may be allowed to be revised
					 and resubmitted at the discretion of the department. The department, at its own
					 discretion, will establish a deadline for resubmission of the application but
					 which in no instance will exceed 30 calendar days after notification of
					 deficiencies.
(4) The department is
					 authorized to require any additional information from an applicant as may be
					 necessary to complete a project application.
(5) Only applicants who submit complete
					 applications, as determined by the department, will be eligible for state
					 assistance payments.
(6) Acceptance
					 of an application and determination by the department that an application is
					 complete is not to be interpreted as a guarantee or promise of funding from the
					 department.
(7) Complete applications
					 will be evaluated by the department and, if acceptable, will be approved for
					 state assistance of up to 50 percent of eligible costs. If there are insufficient
					 funds to provide 50 percent reimbursement to all applications the department may
					 either lower the percentage or set a dollar maximum on the level of funding to be
					 provided to each municipality. This lowered percentage or dollar maximum will be
					 the same for all municipalities that submit a complete application during the
					 review period.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-4 - Municipal Household Hazardous Waste Collection and Disposal Projects › Section 369-4.2 - Eligible projects

Current through Register Vol. 46, No. 28, July 10, 2024
Eligible projects can include reasonable municipal costs,
						as determined by the department, related to operating household hazardous waste
						collection programs or operating a household hazardous waste collection and
						storage facility or mobile collection facility, and associated educational and
						promotional expenses. It is not necessary that all types of household hazardous
						waste be collected for the collection program to be eligible.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-4 - Municipal Household Hazardous Waste Collection and Disposal Projects › Section 369-4.3 - Application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The following application components, if applicable to the
						project, are required in applications for a project consisting of municipal
						household hazardous waste collection and disposal expenses:
(a) An application cover page signed by a duly
					 authorized representative of the municipality. The application cover page must
					 also designate a project contact person who is available to answer technical or
					 administrative questions regarding the project application.
(b) Authorization, by certified resolution or
					 other means acceptable to the department, from the governing body of the
					 municipality for submission of the application. The required number of certified
					 copies of the authorization will be determined by the department. The
					 authorization must:
(1) set forth the authority
					 of the municipality to make an application for state assistance under this Part;
					 and
(2) name an individual, by
					 official title, who is authorized to sign the application and any subsequent
					 contracts between the state and the municipality for state assistance under this
					 Part.