N.Y. Environmental Conservation Law § 56-0403: Municipal landfill projects

§ 56-0403. Municipal landfill projects.

1. As used in this title the following terms mean and include:

(a) "Landfill" means a disposal facility or part of one at which solid

waste, or its residue after treatment, is intentionally placed in or on

land, and at which solid waste will remain after closure and which is

not a land spreading facility, a surface impoundment, or an injection

well.

(b) "Municipal landfill closure project" means activities undertaken

to close, including by reclamation, a landfill owned or operated by a

municipality to achieve compliance with regulations promulgated by the

department, or activities undertaken to implement a landfill gas

management system project.

(c) "Landfill gas management system" means a system for the control,

capture, and management of gas created within and emitted from a solid

waste landfill.

(d) "Adirondack landfill project" means a project undertaken by the

state and a municipality or municipalities, where such project has the

effect of eliminating the potential for the disposal of waste

originating outside the Adirondack park at a municipal solid waste

landfill located within the Adirondack park.

2. A municipality, upon the approval of its governing body, may submit

an application to the commissioner, in such form and containing such

information as the commissioner may require, for state assistance

payments toward the cost of a municipal landfill closure project

incurred after April first, nineteen hundred ninety-three or Adirondack

landfill project which is within the state of New York and which is

eligible for state assistance pursuant to this title.

3. The commissioner shall review such project application and may

approve, disapprove or recommend modifications thereto consistent with

applicable law, criteria, standards or rules and regulations relative to

such projects. In reviewing applications for projects pursuant to this

section, the commissioner shall give due consideration to:

(a) the urgency of need to provide state assistance payments for the

project in relation to the provision of monies for other project needs

in the state known at the time such application is made;

(b) any adverse environmental impact resulting from the municipal

landfill, including effects on groundwater; and

(c) the ability of the municipality to pay for the costs of the

project.

4. After approval of an 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:

(a) A current estimate of the cost of the project as determined by the

commissioner at the time of the execution of the contract.

(b) 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 to 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. The commissioner may consider

landfill gas management projects separately from landfill closure

projects. Such costs are subject to final computation and determination

by the commissioner upon completion of the project. For purposes of this

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

any specific state assistance payments for landfill closure 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.

(c) 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.

5. In administering the provisions of this title the commissioner:

(a) shall make an itemized estimate of funds or appropriations

requested annually for inclusion in the executive budget;

(b) may, in the name of the state, as further provided within this

article, contract to make, within the limitations of appropriations

available therefor, state assistance payments toward the costs of an

approved project. Such contracts shall be subject to approval by the

state comptroller and, as to form, by the attorney general;

(c) shall approve vouchers for the payments pursuant to an approved

contract. All such payments shall be paid on the audit and warrant of

the state comptroller; and

(d) may perform such other and further acts as may be necessary,

proper or desirable to carry out the provisions of this article.

6. A municipality shall have the power and authority to:

(a) undertake and carry out any project for which state assistance

payments and loans pursuant to contract are received or are to be

received pursuant to this article and maintain and operate such project;

(b) expend money received from the state pursuant to this article for

costs incurred in conjunction with an approved project; and

(c) perform such other and further acts as may be necessary, proper or

desirable to carry out a project or obligation, duty or function related

thereto.

7. Any municipal solid waste landfill or portion thereof that has

closed or is in the process of closing that is required by federal or

state law or regulation to install a landfill gas management system

shall be eligible for state assistance for such landfill gas management

system project pursuant to this section.

8. Notwithstanding paragraph (b) of subdivision four of this section,

the commissioner, the commissioners of the Adirondack park agency, and

such other state agencies as may be appropriate, may enter into an

agreement with a municipality or municipalities for an Adirondack

landfill project, the capital costs of which shall be eligible for state

assistance payments pursuant to this section. Such project may be part

of a locally created, region wide solution to the solid waste problems

within the adirondack park.