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
Terms Used In N.Y. Environmental Conservation Law 54-0509
- Commissioner: means the commissioner of environmental conservation; except that within and for the purposes of the projects undertaken by the office pursuant to title nine of this article, the term shall mean the commissioner of the office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 54-0101
- Contract: A legal written agreement that becomes binding when signed.
- Cost: means the capital cost of a municipal landfill closure project or a municipal landfill gas management project, including engineering and architectural services, plans and specifications, consultant and legal services, and other direct capital expenses incident to such project, less any federal or other assistance for such project received or to be received. See N.Y. Environmental Conservation Law 54-0501
- Department: means the department of environmental conservation. See N.Y. Environmental Conservation Law 54-0101
- 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. See N.Y. Environmental Conservation Law 54-0501
- Landfill gas management system: means an active system for the control, capture, and management of gas created within and emitted from a solid waste landfill. See N.Y. Environmental Conservation Law 54-0501
- 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. See N.Y. Environmental Conservation Law 54-0501
- Municipal landfill gas management project: means activities undertaken to implement a landfill gas management system at an active landfill which is owned or operated by a municipality. See N.Y. Environmental Conservation Law 54-0501
- Municipality: means a local public authority or public benefit corporation, a county, city, town, village, or Indian tribe or nation residing within New York state, or any combination thereof. See N.Y. Environmental Conservation Law 54-0101
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 § 54 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.