§ 56-0403. Municipal landfill projects.

1. As used in this title the following terms mean and include:

(a) "Landfill" means a disposal facility or part of one at which solid
waste, or its residue after treatment, is intentionally placed in or on
land, and at which solid waste will remain after closure and which is
not a land spreading facility, a surface impoundment, or an injection
well.

(b) "Municipal landfill closure project" means activities undertaken
to close, including by reclamation, a landfill owned or operated by a
municipality to achieve compliance with regulations promulgated by the
department, or activities undertaken to implement a landfill gas
management system project.

(c) "Landfill gas management system" means a system for the control,
capture, and management of gas created within and emitted from a solid
waste landfill.

(d) "Adirondack landfill project" means a project undertaken by the
state and a municipality or municipalities, where such project has the
effect of eliminating the potential for the disposal of waste
originating outside the Adirondack park at a municipal solid waste
landfill located within the Adirondack park.

2. A municipality, upon the approval of its governing body, may submit
an application to the commissioner, in such form and containing such
information as the commissioner may require, for state assistance
payments toward the cost of a municipal landfill closure project
incurred after April first, nineteen hundred ninety-three or Adirondack
landfill project which is within the state of New York and which is
eligible for state assistance pursuant to this title.

3. The commissioner shall review such project application and may
approve, disapprove or recommend modifications thereto consistent with
applicable law, criteria, standards or rules and regulations relative to
such projects. In reviewing applications for projects pursuant to this
section, the commissioner shall give due consideration to:

(a) the urgency of need to provide state assistance payments for the
project in relation to the provision of monies for other project needs
in the state known at the time such application is made;

(b) any adverse environmental impact resulting from the municipal
landfill, including effects on groundwater; and

(c) the ability of the municipality to pay for the costs of the
project.

4. After approval of an 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:

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

(b) 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 to 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. The commissioner may consider
landfill gas management projects separately from landfill closure
projects. Such costs are subject to final computation and determination
by the commissioner upon completion of the project. For purposes of this
subdivision, the approved project cost shall be reduced by the amount of
any specific state assistance payments for landfill closure 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.

(c) 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.

5. In administering the provisions of this title the commissioner:

(a) shall make an itemized estimate of funds or appropriations
requested annually for inclusion in the executive budget;

(b) may, in the name of the state, as further provided within this
article, contract to make, within the limitations of appropriations
available therefor, state assistance payments toward the costs of an
approved project. Such contracts shall be subject to approval by the
state comptroller and, as to form, by the attorney general;

(c) shall approve vouchers for the payments pursuant to an approved
contract. All such payments shall be paid on the audit and warrant of
the state comptroller; and

(d) may perform such other and further acts as may be necessary,
proper or desirable to carry out the provisions of this article.

6. A municipality shall have the power and authority to:

(a) undertake and carry out any project for which state assistance
payments and loans pursuant to contract are received or are to be
received pursuant to this article and maintain and operate such project;

(b) expend money received from the state pursuant to this article for
costs incurred in conjunction with an approved project; and

(c) perform such other and further acts as may be necessary, proper or
desirable to carry out a project or obligation, duty or function related
thereto.

7. Any municipal solid waste landfill or portion thereof that has
closed or is in the process of closing that is required by federal or
state law or regulation to install a landfill gas management system
shall be eligible for state assistance for such landfill gas management
system project pursuant to this section.

8. Notwithstanding paragraph (b) of subdivision four of this section,
the commissioner, the commissioners of the Adirondack park agency, and
such other state agencies as may be appropriate, may enter into an
agreement with a municipality or municipalities for an Adirondack
landfill project, the capital costs of which shall be eligible for state
assistance payments pursuant to this section. Such project may be part
of a locally created, region wide solution to the solid waste problems
within the adirondack park.