N.Y. Environmental Conservation Law § 54-0509: Contracts for state assistance payments for municipal landfill closure projects and municipal landfill gas management projects

§ 54-0509. Contracts for state assistance payments for municipal

landfill closure projects and municipal landfill gas

management projects.

After approval of the application, the commissioner and the

municipality shall enter into a contract for state assistance payments

toward the cost of such project which shall include the following

provisions:

1. A current estimate of the cost of the project as determined by the

commissioner at the time of the execution of the contract.

2. An agreement by the commissioner to make state assistance payments

toward the cost of the project by periodically reimbursing the

municipality for costs incurred during the progress of the project. For

a municipal landfill closure project, which does not include a landfill

gas management system, such reimbursement shall be a maximum of either

fifty percent of the cost, or ninety percent of the cost for a

municipality with a population smaller than thirty-five hundred as

determined by the current federal decennial census, or two million

dollars, whichever is less. For a landfill gas management system, which

is part of a municipal landfill closure project, reimbursement shall be

a maximum of either fifty percent of the cost, or ninety percent of the

cost for a municipality with a population smaller than thirty-five

hundred as determined by the current federal decennial census, or two

million dollars, whichever is less. For a municipal landfill gas

management project, reimbursement shall be a maximum of either fifty

percent of the cost, or ninety percent of the cost for a municipality

with a population smaller than thirty-five hundred as determined by the

current federal decennial census, or two million dollars, whichever is

less. Project costs are subject to final computation and determination

by the commissioner upon completion of the project, and shall not exceed

the maximum cost set forth in the contract. For purposes of this

subdivision, the approved project cost shall be reduced by the amount of

any specific state assistance payments for municipal landfill closure or

municipal landfill gas management project purposes received by the

municipality from any source; provided, however, that non-specific state

assistance payments, such as amounts paid pursuant to section fifty-four

of the state finance law, shall not be included in such cost reduction.

3. An agreement by the municipality to proceed expeditiously with the

project and to complete the project in accordance with plans and reports

approved by the department and with the conditions of applicable

permits, administrative orders or judicial orders.