N.Y. Environmental Conservation Law § 54-0503: Eligibility to receive state assistance payments for municipal landfill closure projects

§ 54-0503. Eligibility to receive state assistance payments for

municipal landfill closure projects.

Any municipality which is the owner or operator of a landfill may

apply for state assistance payments toward the cost of a municipal

landfill closure project upon showing that the following criteria, in

addition to applicable rules and regulations, have been met:

1. The landfill site has not been classified pursuant to subparagraph

one or two of paragraph b of subdivision four of section 27-1305 of this

chapter. Sites which have been removed from the registry may apply for

state assistance payments.

2. The municipality has an obligation to close the landfill by a

specific date pursuant to an administrative order, court order or permit

which requires the municipality to cease acceptance of waste at the site

within eighteen months of the date the application for state assistance

payment is approved.

3. A closure investigation report which complies with the requirements

of applicable regulations of the department, including a demonstration

that future physical climate risk due to sea level rise, and/or storm

surges and/or flooding, based on available data predicting the

likelihood of future extreme weather events, including hazard risk

analysis data if applicable, has been considered, shall have been

submitted.

4. The municipality has agreed, upon project approval, to waive any

right to state assistance for closure of the site under section 27-1313

of this chapter.