N.Y. Environmental Conservation Law 54-0703 – Approval of state assistance payments for municipal recycling or waste reduction projects
§ 54-0703. Approval of state assistance payments for municipal recycling
Terms Used In N.Y. Environmental Conservation Law 54-0703
- 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 recycling project including engineering and architectural services, surveys, plans and specifications; consultant and legal services; lands acquired pursuant to the conditions set forth in section 54-0709 of this title, and other direct capital expenses incident to such a project, less any federal assistance or other assistance received or to be received. See N.Y. Environmental Conservation Law 54-0701
- 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
- Recyclables recovery program: means a program undertaken by a municipality consistent with requirements of § 120 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. See N.Y. Environmental Conservation Law 54-0701
- Recycling project: means recyclables recovery equipment, source separation equipment, a recyclables recovery program or any combination thereof required by a recyclables recovery program and the reimbursement to municipalities and not-for-profit corporations, as such terms are defined in section 54-0101 of this article, for the cost of a redemption center as defined in section 27-1003 of this chapter. See N.Y. Environmental Conservation Law 54-0701
- Waste reduction projects: means projects undertaken to reduce the volume or toxicity of material entering the municipal solid waste stream, by reducing the volume or toxicity of such material at the point of generation. See N.Y. Environmental Conservation Law 54-0701
or waste reduction projects.
1. State assistance payments toward the cost of municipal recycling or waste reduction projects shall be made pursuant to this title with the approval of the commissioner pursuant to an approved contract or contracts.
2. In reviewing applications for state assistance payments for municipal recycling or waste reduction projects, the commissioner shall give due consideration to:
a. the adequacy of the municipality's waste reduction or 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 § 120 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 waste reduction or recyclables recovery is contemplated and the extent to which the project is consistent with the statewide solid waste reduction and 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.
3. State assistance payments toward the cost of a waste reduction or municipal recycling project shall not exceed fifty percent of the cost, and in the aggregate such payments shall in no event exceed two million dollars. Such costs are subject to final computation and determination by the commissioner upon completion of the project, and shall not exceed the maximum eligible cost set forth in the contract.