§ 54-0509. Contracts for state assistance payments for municipal

landfill closure projects and municipal landfill gas

management projects.

After approval of the application, the commissioner and the
municipality shall enter into a contract for state assistance payments
toward the cost of such project which shall include the following
provisions:

1. A current estimate of the cost of the project as determined by the
commissioner at the time of the execution of the contract.

2. An agreement by the commissioner to make state assistance payments
toward the cost of the project by periodically reimbursing the
municipality for costs incurred during the progress of the project. For
a municipal landfill closure project, which does not include a landfill
gas management system, such reimbursement shall be a maximum of either
fifty percent of the cost, or ninety percent of the cost for a
municipality with a population smaller than thirty-five hundred as
determined by the current federal decennial census, or two million
dollars, whichever is less. For a landfill gas management system, which
is part of a municipal landfill closure project, reimbursement shall be
a maximum of either fifty percent of the cost, or ninety percent of the
cost for a municipality with a population smaller than thirty-five
hundred as determined by the current federal decennial census, or two
million dollars, whichever is less. For a municipal landfill gas
management project, reimbursement shall be a maximum of either fifty
percent of the cost, or ninety percent of the cost for a municipality
with a population smaller than thirty-five hundred as determined by the
current federal decennial census, or two million dollars, whichever is
less. Project costs are subject to final computation and determination
by the commissioner upon completion of the project, and shall not exceed
the maximum cost set forth in the contract. For purposes of this
subdivision, the approved project cost shall be reduced by the amount of
any specific state assistance payments for municipal landfill closure or
municipal landfill gas management project purposes received by the
municipality from any source; provided, however, that non-specific state
assistance payments, such as amounts paid pursuant to section fifty-four
of the state finance law, shall not be included in such cost reduction.

3. An agreement by the municipality to proceed expeditiously with the
project and to complete the project in accordance with plans and reports
approved by the department and with the conditions of applicable
permits, administrative orders or judicial orders.