N.Y. Environmental Conservation Law 54-0507 – State assistance application procedure
§ 54-0507. State assistance application procedure.
Terms Used In N.Y. Environmental Conservation Law 54-0507
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- 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
- 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
- Governing body: means :
a. 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
- 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
1. 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 project which is within the state of New York and which is eligible for state assistance pursuant to this title.
2. 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 closure.
3. No monies shall be expended for non-hazardous municipal landfill closure projects or municipal landfill gas management projects except pursuant to an appropriation therefor.