N.Y. Environmental Conservation Law § 56-0405: Municipal recycling projects

§ 56-0405. Municipal recycling projects.

1. As used in this section the following terms mean:

(a) "Recyclables recovery equipment" means structures, machinery or

devices, singly or in combination, designed, constructed and required

primarily to separate, process, modify, convert, treat, or prepare

collected solid waste, including household hazardous waste, which is

included as part of a recyclables recovery program so that component

materials or substances or recoverable resources may be used as a raw

material for new products or for useful purposes other than for energy

recovery.

(b) "Recyclables recovery program" means a program undertaken by a

municipality consistent with requirements of section one hundred

twenty-aa of the general municipal law to provide for the

environmentally sound recovery of recyclables, primarily involving the

collection, aggregation and processing of recyclable materials for their

use as raw materials for new products or for other useful purposes other

than for energy recovery, through facilities planned, designed and

constructed to ensure environmental protection and to maximize the

potential for recyclables recovery. Such program shall have been

approved by the commissioner and undertaken consistent with any local

solid waste management plan pursuant to section 27-0107 of this chapter.

(c) "Recycling project" means recyclables recovery equipment, source

separation equipment, a recyclables recovery program or any combination

thereof required by a recyclables recovery program.

(d) "Source separation equipment" means municipally owned:

(i) add-ons or trailers designed to modify collection vehicles to

allow sorting and separation of collected wastes held for the purpose of

recycling;

(ii) containers for the source separation and temporary storage of

recyclable wastes by commercial, industrial and institutional

generators, and for the source separation and temporary storage of

recyclable materials by single family and multiple family dwellings

prior to collection;

(iii) bins, sheds or other facilities for the temporary storage of

materials prior to transport for the purposes of recycling; and

(iv) collection vehicles specifically designed to hold and transport

source-separated recyclables.

2. State assistance payments toward the cost of municipal recycling

projects shall be made pursuant to this title with the approval of the

commissioner.

3. In reviewing applications for state assistance payments for

municipal recycling projects, the commissioner shall give due

consideration to:

(a) the adequacy of the municipality's recycling program and its

relationship to the needs and plans of other municipalities; provided,

however, that such adequacy shall be determined in part by the efforts

undertaken to date by the municipality to implement a mandatory source

separation law or ordinance required pursuant to section one hundred

twenty-aa of the general municipal law;

(b) the suitability and feasibility of the project in relation to the

recycling program and the area to be served;

(c) the proportion of solid waste for which recyclables recovery is

contemplated and the extent to which the project is consistent with the

statewide solid waste recycling goals established under the state solid

waste management plan, pursuant to section 27-0103 of this chapter;

(d) the potential for coordination and consolidation of solid waste

management practices among municipalities within specified areas,

regions or planning units;

(e) the implementation of the system or components thereof and their

expected terms of usefulness, singly or in combination;

(f) the present and projected population, land use, and rates and

composition of solid waste generation;

(g) the potential or contemplated markets for recovered recyclables

and the extent to which the full avoided costs of proper collection,

transportation and disposal of source separated recyclables are, or are

projected to be, greater than the cost of collection, transportation and

sale of said recyclables less the amount received from the sale of said

recyclables;

(h) the intergovernmental arrangements integral to the project;

(i) the non-governmental arrangements integral to the project;

(j) the urgency of the project, in relationship to all recyclables

recovery program needs in the state; and

(k) the environmental soundness of the project, including assurance

that the project will meet all applicable laws, criteria, and rules and

regulations.

4. 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 municipal recycling projects incurred after

April first, nineteen hundred ninety-three which is within the state of

New York and which is eligible for state assistance pursuant to this

title. 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. Upon approval of a project application, a municipality

shall enter into a contract, as further provided within this article,

with the commissioner for state assistance payments toward the cost of

such project to be received pursuant to this article.

5. The commissioner may, in the name of the state, enter into

contracts with municipalities to provide state assistance payments

toward the cost of municipal recycling projects which shall include the

following provisions:

(a) an estimate of the costs of the project as determined by the

commissioner;

(b) an agreement by the commissioner to make state assistance payments

toward the cost of the project by periodically reimbursing the

municipality, during the progress of project development or following

completion of the project as may be agreed upon by the parties, in an

amount not to exceed the amounts established elsewhere in this title;

and

(c) an agreement by the municipality:

(i) to proceed expeditiously with and complete the project as approved

by the commissioner;

(ii) to operate and maintain the municipal recycling project in

accordance with applicable laws and rules and regulations;

(iii) to provide for the payment of the municipality's share of the

cost of the project;

(iv) to continue, upon evaluation of its effectiveness, operation of

the project and not to dispose of the project or any portion thereof or

change its use without the approval of the commissioner;

(v) to assume the full cost of any continued operation of the project

and to assume the full cost of any continued operation for a period no

less than three years;

(vi) to repay within one year of notification by the commissioner, any

state assistance payments made toward the cost of the project or an

equitable portion of such moneys declared appropriate by the

commissioner, if the municipality:

(A) fails to complete the project as approved;

(B) fails to continue operation of the project;

(C) disposes of the project, or any portion thereof, without the prior

written approval of the respective commissioner; or

(D) changes the use of the project, or any portion thereof, without

the prior written approval of the commissioner. No repayment, however,

shall be required where the commissioner determines that such failure,

disposition or change of use was immediately necessary to protect public

health and safety;

(vii) to apply for and make reasonable efforts to secure federal

assistance for the project; and

(viii) to not sell, lease or otherwise dispose of or use lands

acquired under this title for any purpose inconsistent with the project

under which such land is acquired.

In connection with each contract, the commissioner shall keep adequate

records of the amount of the payment by the state and of the amount of

federal assistance, if any, received by the municipality. Such records

shall be retained by the commissioner and shall establish the basis for

recalculation of the state payment as required herein.