§ 56-0405 — Municipal recycling projects

§ 56-0405. Municipal recycling projects.\n 1. As used in this section the following terms mean:\n (a) "Recyclables recovery equipment" means structures, machinery or\ndevices, singly or in combination, designed, constructed and required\nprimarily to separate, process, modify, convert, treat, or prepare\ncollected solid waste, including household hazardous waste, which is\nincluded as part of a recyclables recovery program so that component\nmaterials or substances or recoverable resources may be used as a raw\nmaterial for new products or for useful purposes other than for energy\nrecovery.\n (b) "Recyclables recovery program" means a program undertaken by a\nmunicipality consistent with requirements of section one hundred\ntwenty-aa of the general municipal law to provide for the\nenvironmentally sound recovery of recyclables, primarily involving the\ncollection, aggregation and processing of recyclable materials for their\nuse as raw materials for new products or for other useful purposes other\nthan for energy recovery, through facilities planned, designed and\nconstructed to ensure environmental protection and to maximize the\npotential for recyclables recovery. Such program shall have been\napproved by the commissioner and undertaken consistent with any local\nsolid waste management plan pursuant to section 27-0107 of this chapter.\n (c) "Recycling project" means recyclables recovery equipment, source\nseparation equipment, a recyclables recovery program or any combination\nthereof required by a recyclables recovery program.\n (d) "Source separation equipment" means municipally owned:\n (i) add-ons or trailers designed to modify collection vehicles to\nallow sorting and separation of collected wastes held for the purpose of\nrecycling;\n (ii) containers for the source separation and temporary storage of\nrecyclable wastes by commercial, industrial and institutional\ngenerators, and for the source separation and temporary storage of\nrecyclable materials by single family and multiple family dwellings\nprior to collection;\n (iii) bins, sheds or other facilities for the temporary storage of\nmaterials prior to transport for the purposes of recycling; and\n (iv) collection vehicles specifically designed to hold and transport\nsource-separated recyclables.\n 2. State assistance payments toward the cost of municipal recycling\nprojects shall be made pursuant to this title with the approval of the\ncommissioner.\n 3. In reviewing applications for state assistance payments for\nmunicipal recycling projects, the commissioner shall give due\nconsideration to:\n (a) the adequacy of the municipality's recycling program and its\nrelationship to the needs and plans of other municipalities; provided,\nhowever, that such adequacy shall be determined in part by the efforts\nundertaken to date by the municipality to implement a mandatory source\nseparation law or ordinance required pursuant to section one hundred\ntwenty-aa of the general municipal law;\n (b) the suitability and feasibility of the project in relation to the\nrecycling program and the area to be served;\n (c) the proportion of solid waste for which recyclables recovery is\ncontemplated and the extent to which the project is consistent with the\nstatewide solid waste recycling goals established under the state solid\nwaste management plan, pursuant to section 27-0103 of this chapter;\n (d) the potential for coordination and consolidation of solid waste\nmanagement practices among municipalities within specified areas,\nregions or planning units;\n (e) the implementation of the system or components thereof and their\nexpected terms of usefulness, singly or in combination;\n (f) the present and projected population, land use, and rates and\ncomposition of solid waste generation;\n (g) the potential or contemplated markets for recovered recyclables\nand the extent to which the full avoided costs of proper collection,\ntransportation and disposal of source separated recyclables are, or are\nprojected to be, greater than the cost of collection, transportation and\nsale of said recyclables less the amount received from the sale of said\nrecyclables;\n (h) the intergovernmental arrangements integral to the project;\n (i) the non-governmental arrangements integral to the project;\n (j) the urgency of the project, in relationship to all recyclables\nrecovery program needs in the state; and\n (k) the environmental soundness of the project, including assurance\nthat the project will meet all applicable laws, criteria, and rules and\nregulations.\n 4. 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 municipal recycling projects incurred after\nApril first, nineteen hundred ninety-three which is within the state of\nNew York and which is eligible for state assistance pursuant to this\ntitle. 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. Upon approval of a project application, a municipality\nshall enter into a contract, as further provided within this article,\nwith the commissioner for state assistance payments toward the cost of\nsuch project to be received pursuant to this article.\n 5. The commissioner may, in the name of the state, enter into\ncontracts with municipalities to provide state assistance payments\ntoward the cost of municipal recycling projects which shall include the\nfollowing provisions:\n (a) an estimate of the costs of the project as determined by the\ncommissioner;\n (b) an agreement by the commissioner to make state assistance payments\ntoward the cost of the project by periodically reimbursing the\nmunicipality, during the progress of project development or following\ncompletion of the project as may be agreed upon by the parties, in an\namount not to exceed the amounts established elsewhere in this title;\nand\n (c) an agreement by the municipality:\n (i) to proceed expeditiously with and complete the project as approved\nby the commissioner;\n (ii) to operate and maintain the municipal recycling project in\naccordance with applicable laws and rules and regulations;\n (iii) to provide for the payment of the municipality's share of the\ncost of the project;\n (iv) to continue, upon evaluation of its effectiveness, operation of\nthe project and not to dispose of the project or any portion thereof or\nchange its use without the approval of the commissioner;\n (v) to assume the full cost of any continued operation of the project\nand to assume the full cost of any continued operation for a period no\nless than three years;\n (vi) to repay within one year of notification by the commissioner, any\nstate assistance payments made toward the cost of the project or an\nequitable portion of such moneys declared appropriate by the\ncommissioner, if the municipality:\n (A) fails to complete the project as approved;\n (B) fails to continue operation of the project;\n (C) disposes of the project, or any portion thereof, without the prior\nwritten approval of the respective commissioner; or\n (D) changes the use of the project, or any portion thereof, without\nthe prior written approval of the commissioner. No repayment, however,\nshall be required where the commissioner determines that such failure,\ndisposition or change of use was immediately necessary to protect public\nhealth and safety;\n (vii) to apply for and make reasonable efforts to secure federal\nassistance for the project; and\n (viii) to not sell, lease or otherwise dispose of or use lands\nacquired under this title for any purpose inconsistent with the project\nunder which such land is acquired.\n In connection with each contract, the commissioner shall keep adequate\nrecords of the amount of the payment by the state and of the amount of\nfederal assistance, if any, received by the municipality. Such records\nshall be retained by the commissioner and shall establish the basis for\nrecalculation of the state payment as required herein.\n