N.Y. Environmental Conservation Law § 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.