N.Y. Environmental Conservation Law § 56-0407: Fresh Kills landfill closure project

§ 56-0407. Fresh Kills landfill closure project.

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

contract with the city of New York for state assistance payments for the

Fresh Kills landfill closure project.

2. 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.

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.