§ 27-0715 — Solid waste management technical assistance

New York § 27-0715

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 7: Solid Waste Management and Resource Recovery Facilities
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-0715. Solid waste management technical assistance.\n 1. The department shall conduct a comprehensive program of technical\nassistance to local governments, the private sector and individuals to\nenhance their capabilities to properly plan for and implement solid\nwaste management programs consistent with the state solid waste\nmanagement policy set forth in section 27-0106 of this article. This\nprogram will establish continuing and comprehensive programs of\ntechnical assistance designed to consolidate, simplify, or expedite the\ndevelopment and implementation of such solid waste management programs.\n 2. In conducting the program set forth in this section, the department\nshall prepare, provide and distribute to municipalities, and may\ndistribute to other persons, information and other technical assistance\nconcerning development and implementation of solid waste management\nplans, programs and facilities. Such information and assistance may be\nin the form of manuals, generic assessments or technical assistance\ndocuments and other written materials and, as may be appropriate,\nconsultation services. Such information and assistance may be provided\nby the department directly or by contract, shall be directed toward\nfurthering the implementation of the state solid waste management policy\nestablished pursuant to section 27-0106 of this article and the\ndevelopment of local solid waste management plans pursuant to section\n27-0107 of this article and shall address:\n (a) available techniques and technologies for various forms of solid\nwaste management and recommendations concerning methods by which to\nachieve an appropriate balance among those techniques and technologies,\nand an assessment of their feasibility and usefulness under varying\nlocal circumstances;\n (b) applicable regulatory programs and permit processes;\n (c) with the assistance of the commissioner of economic development,\nand in cooperation with the bureau of waste reduction and recycling\nestablished pursuant to this article, assistance in developing and\nimplementing waste reduction, source separation and recycling programs;\n (d) the potential availability of financial assistance from existing\nstate programs and other sources for any or all aspects of a proposed\nsolid waste management program;\n (e) with the assistance of the attorney general, the state\ncomptroller, and other appropriate officers and agencies of the state,\nthe development and implementation of contracts and service agreements,\nqualifications of vendors, and use of the procurement process, so as to\npromote compliance with the applicable provisions of the general\nmunicipal law and federal and state anti-trust statutes;\n (f) model local laws or ordinances to effectively implement sound\nsolid waste management programs, including source separation and\nrecycling efforts and regional disposal, management, and marketing\nactivities;\n (g) generic analyses of factors associated with the construction and\noperation of municipal solid waste management facilities;\n (h) a clearinghouse of information and suggestions from other states,\nagencies, and municipalities, the federal government, and other sources\npertaining to development and implementation of solid waste management\nprograms, including those relating to cost avoidance, public education\nand information efforts and potential host community incentives; and\n (i) the availability of consultation services pertaining to the issues\nidentified and referred to in this section.\n 3. In effectuating the state solid waste management policy set forth\nin section 27-0106 of this article, the technical assistance personnel\nand resources of the department and local officials should work as a\nteam, each bringing their respective authority and responsibility to\nbear in the development and implementation of a viable local solid waste\nmanagement program, or, as may be appropriate, as required to address\nspecific problems associated with such programs. Accordingly, within the\nlimits of appropriation therefor, upon designation of the local\nparticipants by a requesting local government, the department shall\nprovide staff and other resources, as appropriate, to work jointly and\nin cooperation with the requesting local government on a continuing\nbasis, as needed. State and local officials when working as a team\nshould make available to interested parties periodic assessments of the\nstatus and effectiveness of the team's efforts.\n 4. In addition to providing technical assistance to municipalities and\nplanning units in addressing the issues identified in subdivision two of\nsection 27-0107 of this article as they relate to the particular\ncircumstances confronted by such municipalities and planning units, the\ndepartment shall assist municipalities in identifying and evaluating:\n (i) alternatives available for management of current and future solid\nwaste, including costs and impacts of specific waste management methods;\nand\n (ii) regulatory requirements associated with the implementation of\nsuch alternatives.\n 5. In administering the provisions of this section, the department\nshall provide to the governor, the legislature, and local governments on\nor before December thirty-first, nineteen hundred eighty-eight and\nannually thereafter, a report assessing the assistance programs\nestablished pursuant to this title, including the number of\nmunicipalities and other entities which received assistance, a\ndescription of the services provided and an assessment of program\neffectiveness.\n 6. The department shall submit to the director of the division of the\nbudget, the chairman and ranking minority member of the senate finance\ncommittee and the chairman and ranking minority member of the assembly\nways and means committee an evaluation of the assistance programs\nestablished in this section, and their implementation, prepared by an\nentity independent of the department. Such evaluation shall be submitted\nby September first, nineteen hundred ninety and by September first,\nevery two years thereafter.\n 7. In administering assistance programs pursuant to this section, the\ncommissioner shall consider the potential for coordination and\nconsolidation of solid waste management practices, including marketing\nefforts associated with source separation and recycling programs, among\nmunicipalities and shall encourage such cooperation and consolidation\nwhere it is practicable and would result in enhanced environmental\nprotection and cost effectiveness.\n 8. To effectuate the purposes of this section, the department may\nrequest and shall be entitled to receive, from any state agency or\npublic authority and the same are authorized to provide, such\nassistance, services, facilities, and data as will enable the department\nto carry out its functions, powers, and duties.\n