N.Y. Environmental Conservation Law § 17-1409: State assistance for non-agricultural nonpoint source abatement and control projects

§ 17-1409. State assistance for non-agricultural nonpoint source

abatement and control projects.

1. Subject to the availability of funds appropriated therefor, a

matching grant program is established to fund the costs of implementing

nonpoint source abatement and control projects that meet the following

criteria:

a. the project must consist of activities and projects which will

significantly reduce, abate or control nonpoint source pollution

originating from non-agricultural activities;

b. the project must be proposed for implementation by a municipal

corporation, or by a district at the formal request of such corporation;

c. the project must be located within a water body identified by the

commissioner, pursuant to section 17-1407 of this title;

d. the project must propose to implement best management practices

which meet the criteria promulgated pursuant to section 17-1411 of this

title; and

e. the municipal corporation must have funds available to pay for its

share of the eligible project costs.

1-a. Subject to the availability of funds appropriated therefore, a

matching grant program is established to fund the cost of comprehensive

watershed based water quality management designed to address the

reduction and control of nonpoint source pollution and the improvement

of water quality in a water body or water bodies identified on the

prioritized list developed pursuant to section 17-1407 of this title.

2. Applications for matching grants shall contain the following

information:

a. the name and location of the water body and the nonpoint source

problem to be addressed;

b. for projects described in subdivision one of this section, an

identification of the best management practice to be implemented;

c. a cost estimate for the proposed project;

d. the source of funds available to pay for the non-state share of the

eligible costs;

e. information sufficient to demonstrate that the criteria set forth

in subdivision one of this section have been met; and

f. such other information as may be required by the commissioner

through regulations.

3. In awarding grants pursuant to this section, the commissioner shall

give preference to those projects located or designed to address water

quality concerns for in the highest priority water bodies identified

pursuant to section 17-1407 of this title.

4. Eligible costs that may be funded pursuant to this section are

architectural and engineering services, plans and specifications,

consultant and legal services and other direct expenses related to

comprehensive watershed based water quality management and project

implementation.

5. Matching grants awarded pursuant to this section shall be up to

seventy-five percent of the eligible costs for any specified project.

6. Notwithstanding any other provision of law to the contrary, storm

water discharges of a municipality permitted pursuant to title seven or

eight of this article shall be treated as a non-agricultural nonpoint

source for the purpose of qualifying for funding pursuant to this

section.