§ 54-0509 — Contracts for state assistance payments for municipal landfill closure projects and municipal landfill gas management projects

New York § 54-0509

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 5: Non-hazardous Municipal Landfill Closure Projects and Municipal Landfill Gas Management Projects
• Art. 54: Environmental Protection Act

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§ 54-0509. Contracts for state assistance payments for municipal\n landfill closure projects and municipal landfill gas\n management projects.\n After approval of the application, the commissioner and the\nmunicipality shall enter into a contract for state assistance payments\ntoward the cost of such project which shall include the following\nprovisions:\n 1. A current estimate of the cost of the project as determined by the\ncommissioner at the time of the execution of the contract.\n 2. An agreement by the commissioner to make state assistance payments\ntoward the cost of the project by periodically reimbursing the\nmunicipality for costs incurred during the progress of the project. For\na municipal landfill closure project, which does not include a landfill\ngas management system, such reimbursement shall be a maximum of either\nfifty percent of the cost, or ninety percent of the cost for a\nmunicipality with a population smaller than thirty-five hundred as\ndetermined by the current federal decennial census, or two million\ndollars, whichever is less. For a landfill gas management system, which\nis part of a municipal landfill closure project, reimbursement shall be\na maximum of either fifty percent of the cost, or ninety percent of the\ncost for a municipality with a population smaller than thirty-five\nhundred as determined by the current federal decennial census, or two\nmillion dollars, whichever is less. For a municipal landfill gas\nmanagement project, reimbursement shall be a maximum of either fifty\npercent of the cost, or ninety percent of the cost for a municipality\nwith a population smaller than thirty-five hundred as determined by the\ncurrent federal decennial census, or two million dollars, whichever is\nless. Project costs are subject to final computation and determination\nby the commissioner upon completion of the project, and shall not exceed\nthe maximum cost set forth in the contract. For purposes of this\nsubdivision, the approved project cost shall be reduced by the amount of\nany specific state assistance payments for municipal landfill closure or\nmunicipal landfill gas management project purposes received by the\nmunicipality from any source; provided, however, that non-specific state\nassistance payments, such as amounts paid pursuant to section fifty-four\nof the state finance law, shall not be included in such cost reduction.\n 3. An agreement by the municipality to proceed expeditiously with the\nproject and to complete the project in accordance with plans and reports\napproved by the department and with the conditions of applicable\npermits, administrative orders or judicial orders.\n