§ 56-0403 — Municipal landfill projects

§ 56-0403. Municipal landfill projects.\n 1. As used in this title the following terms mean and include:\n (a) "Landfill" means a disposal facility or part of one at which solid\nwaste, or its residue after treatment, is intentionally placed in or on\nland, and at which solid waste will remain after closure and which is\nnot a land spreading facility, a surface impoundment, or an injection\nwell.\n (b) "Municipal landfill closure project" means activities undertaken\nto close, including by reclamation, a landfill owned or operated by a\nmunicipality to achieve compliance with regulations promulgated by the\ndepartment, or activities undertaken to implement a landfill gas\nmanagement system project.\n (c) "Landfill gas management system" means a system for the control,\ncapture, and management of gas created within and emitted from a solid\nwaste landfill.\n (d) "Adirondack landfill project" means a project undertaken by the\nstate and a municipality or municipalities, where such project has the\neffect of eliminating the potential for the disposal of waste\noriginating outside the Adirondack park at a municipal solid waste\nlandfill located within the Adirondack park.\n 2. A municipality, upon the approval of its governing body, may submit\nan application to the commissioner, in such form and containing such\ninformation as the commissioner may require, for state assistance\npayments toward the cost of a municipal landfill closure project\nincurred after April first, nineteen hundred ninety-three or Adirondack\nlandfill project which is within the state of New York and which is\neligible for state assistance pursuant to this title.\n 3. The commissioner shall review such project application and may\napprove, disapprove or recommend modifications thereto consistent with\napplicable law, criteria, standards or rules and regulations relative to\nsuch projects. In reviewing applications for projects pursuant to this\nsection, the commissioner shall give due consideration to:\n (a) the urgency of need to provide state assistance payments for the\nproject in relation to the provision of monies for other project needs\nin the state known at the time such application is made;\n (b) any adverse environmental impact resulting from the municipal\nlandfill, including effects on groundwater; and\n (c) the ability of the municipality to pay for the costs of the\nproject.\n 4. After approval of an 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 (a) A current estimate of the cost of the project as determined by the\ncommissioner at the time of the execution of the contract.\n (b) 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 to a\nmaximum 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. The commissioner may consider\nlandfill gas management projects separately from landfill closure\nprojects. Such costs are subject to final computation and determination\nby the commissioner upon completion of the project. For purposes of this\nsubdivision, the approved project cost shall be reduced by the amount of\nany specific state assistance payments for landfill closure purposes\nreceived by the municipality from any source; provided, however, that\nnon-specific state assistance payments such as amounts paid pursuant to\nsection fifty-four of the state finance law, shall not be included in\nsuch cost reduction.\n (c) 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 5. In administering the provisions of this title the commissioner:\n (a) shall make an itemized estimate of funds or appropriations\nrequested annually for inclusion in the executive budget;\n (b) may, in the name of the state, as further provided within this\narticle, contract to make, within the limitations of appropriations\navailable therefor, state assistance payments toward the costs of an\napproved project. Such contracts shall be subject to approval by the\nstate comptroller and, as to form, by the attorney general;\n (c) shall approve vouchers for the payments pursuant to an approved\ncontract. All such payments shall be paid on the audit and warrant of\nthe state comptroller; and\n (d) may perform such other and further acts as may be necessary,\nproper or desirable to carry out the provisions of this article.\n 6. A municipality shall have the power and authority to:\n (a) undertake and carry out any project for which state assistance\npayments and loans pursuant to contract are received or are to be\nreceived pursuant to this article and maintain and operate such project;\n (b) expend money received from the state pursuant to this article for\ncosts incurred in conjunction with an approved project; and\n (c) perform such other and further acts as may be necessary, proper or\ndesirable to carry out a project or obligation, duty or function related\nthereto.\n 7. Any municipal solid waste landfill or portion thereof that has\nclosed or is in the process of closing that is required by federal or\nstate law or regulation to install a landfill gas management system\nshall be eligible for state assistance for such landfill gas management\nsystem project pursuant to this section.\n 8. Notwithstanding paragraph (b) of subdivision four of this section,\nthe commissioner, the commissioners of the Adirondack park agency, and\nsuch other state agencies as may be appropriate, may enter into an\nagreement with a municipality or municipalities for an Adirondack\nlandfill project, the capital costs of which shall be eligible for state\nassistance payments pursuant to this section. Such project may be part\nof a locally created, region wide solution to the solid waste problems\nwithin the adirondack park.\n