§ 51-0905 — Approval of municipal solid waste management projects

New York § 51-0905

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 9: Solid Waste Recovery and Management
• Art. 51: Inplementation of Environmental Quality Bond Act of 1972

Text

§ 51-0905. Approval of municipal solid waste management projects.\n 1. Municipal solid waste recovery and management projects shall be\nundertaken pursuant to this title only with the approval of the\ncommissioner, and pursuant to an approved contract or contracts for\nstate assistance.\n 2. In reviewing applications for solid waste recovery and management\nprojects, the commissioner shall give due consideration to:\n a. the adequacy of the municipality's solid waste recovery and\nmanagement system and its relationship to the needs or plans of other\narea municipalities;\n b. the suitability and feasibility of the project in relation to the\nsolid waste recovery and management system and the area to be served;\n c. the proportion of solid waste for which resource recovery is\ncontemplated;\n d. implementation of the system or components thereof and their\nexpected terms of usefulness, singly or in combination;\n e. present and projected population, land use, and rates and\ncomposition of solid waste generation;\n f. potential or contemplated markets for recovered resources;\n g. potential or contemplated opportunities for direct relationships\nwith other public facilities, such as for processing residual materials\nfrom existing incinerators or treating sludge from a sewage treatment\nplant;\n h. intergovernmental arrangements integral to the project;\n i. non-governmental arrangements integral to the project;\n j. the urgency of the project, in relationship to all solid waste\nmanagement project needs in the state;\n k. environmental soundness, including assurance that the project will\nmeet all applicable law, criteria, rules or regulations.\n 3. The state share of the cost of a municipal solid waste management\nproject shall not exceed fifty percent of the cost of resource recovery\nequipment and source separation equipment and twenty-five percent of the\ncost of disposal equipment. The commissioner may not otherwise limit the\nstate's share of the cost of small scale, low technology approaches to\nresource recovery.\n 4. The commissioner shall annually review the status of projects which\nhave been the subject of appropriations in furtherance of this title to\ndetermine whether sufficient progress has been made to warrant\ncontinuance of such appropriations. In making such determination, the\ncommissioner shall take into account whether and to what extent progress\nhas been made in accomplishing a project feasibility study, preparation\nand distribution of a request for proposals, the award of a design\ncontract, the award of a construction contract, the commencement of\nconstruction, the profferment of bonds by the municipality, or other\nfactors reasonably indicative of progress upon the project. Primary\nconsideration shall be given to the reallocation of funds to meet the\nrequirements of section 51-0901 of this title relative to small scale,\nlow-technology approaches. The commissioner shall annually submit his\ndetermination made hereunder, reflecting reallocations as appropriate,\nto the governor in a form and at a time sufficient to be taken into\naccount by the governor and legislature in fulfilling their budgetary\nresponsibilities.\n