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Part 362: State Aid To Municipalities For Planning The Construction Or Improvement Of Solid Waste Disposal Facilities

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§362.1 Intent

The intent of State aid for detailed planning for construction or improvement of solid waste disposal facilities is to encourage municipalities to implement the recommended solutions of sound comprehensive solid waste planning. The grant-in-aid is for the development or improvement of solid waste disposal facilities only, and for those facilities which are to be a part of a proposed areawide solution. Such assistance is not intended to be applied to individual or short-range solid waste disposal projects unless they are part of the comprehensive solution.

§362.2 Definitions

As used in this Part, unless content otherwise requires:

(a) The terms comprehensive study and report and refuse, shall have the meanings ascribed to them in section 27-0103 of the Environmental Conservation Law.

(b) Commissioner means the State Commissioner of Environmental Conservation.

(c) Solid waste disposal facility means an area or site used for the final placement and disposal of solid waste by means of compaction and burial in a manner satisfactory to the commissioner.

(d) Municipality means a town, city, county, village or a designated public agency thereof, or a public authority.

(e) Preliminary plans means engineering plans and report which establish the general guidelines necessary to properly and efficiently develop the site to the use proposed, taking into account the necessary protection and desirable development of air, water and land resources of the State, as determined by the commissioner.

(f) Detailed plans means engineering plans and report which establish a working plan for the operation and development of an area of the total site with an active life less than five years.

(g) Applicant means any municipality, duly designated public agency, or public authority which files an application for detailed planning aid pursuant to section 1381 of the Public Health Law.

(h) Sound, comprehensive solid waste management planning shall mean the results of a study financed under section 27-0103 of the Environmental Conservation Law or other solid waste management study which is current and meets the general requirements established by section 27-0101 of the Environmental Conservation Law and which has the approval of the Commissioner of Environmental Conservation.

(i) Notice of intent means a notice to the commissioner describing a proposed project and requesting an evaluation of eligibility for aid.

(j) Contract with engineer means a contract between the applicant and an engineer licensed to practice in the State of New York.

§362.3 Eligibility

(a) Any town, city, county, or village, combination thereof, or any designated public agency thereof, or a public authority may apply providing they meet the additional requirements below:

(1) that the project is to serve a municipality or combination thereof;

(2) the municipality or combination thereof, must be in an area which has a sound comprehensive solid waste management plan acceptable to the commissioner;

(3) the site must be consistent with comprehensive solid waste management acceptable to the commissioner;

(4) that a notice of intent has been filed with the commissioner and accepted by him prior to application.

(b) Both redevelopment of existing sites into sanitary landfills and development of new sites will be eligible.

(c) The aid is not retroactive for projects begun prior to formal approval of the commissioner.

§362.4 Notice of Intent

(a) The municipality shall submit to the commissioner a notice of intent to apply for planning aid. The notice shall be on a form furnished by the commissioner and shall contain the following information:

(1) name of applying agency;

(2) municipalities to be served;

(3) brief description of proposed project;

(4) reference to solid waste planning study for area;

(5) request for review of eligibility of project;

(6) map or sketch of property to be used;

(7) an estimate of the grant request;

(8) other items the commissioner may require.

(b) The commissioner will review the notice of intent and advise the municipality of eligibility, the application procedure and other information necessary for an acceptable application.

§362.5 Applications

(a) Applications for grants shall be submitted on forms furnished by the commissioner and shall include:

(1) proof of land ownership, acceptable option to purchase, or agreement for use of land;

(2) proposed contract with engineer;

(3) statement listing each municipality and agency with jurisdiction, either legal or advisory, over use of site and their preliminary approvals;

(4) commissioner's approval of notice of intent;

(5) reference to approved comprehensive study plan with justification for any deviations;

(6) resolution of the governing body of each direct participant authorizing submission of application;

(7) description of proposed site including relevant hydrological, topographical, land use factors important to the project and access;

(8) resolution from applicant describing the general plans for solid waste disposal for at least a five-year period unless the life of the project applied for is greater than five years or requirement is waived by the commissioner;

(9) description of the financing proposed for the project;

(10) other information required by the commissioner.

(b) All applications shall be submitted directly to the commissioner or his designated representative.

(c) The application shall be for a specified site.

(d) The application shall name the engineer to do the planning, and give a resume of his qualifications which reflect a particular competency to engage in the planning and design of a project of the scope proposed. The engineer must be qualified to practice in New York State under the Education Law of the State of New York.

(e) Where two or more municipalities apply for aid jointly, one must be designated by resolution to receive payments for State assistance and to make payments to the contracting engineer.

§362.6 Review of Application

Upon receipt of the application, the commissioner will:

(a) Make a determination as to whether the project meets the intent of the law.

(b) Make a determination whether the scope of the project is satisfactory.

(c) Determine whether the contract cost for consulting engineering services between the municipality and the engineer is reasonable.

(d) Advise the applicant in writing whether it qualifies for State aid within a reasonable length of time.

§362.7 Approval of Contract Cost

(a) The contract cost negotiated between the applicant and the consulting engineer must receive approval of the commissioner prior to the preparation of detailed plans for construction.

(b) Engineering, surveying, and planning fees must be consistent with those normally charged in the area.

(c) The contract between the applicant and engineer for preparation of detailed plans shall be for a lump sum for grant purposes and shall have the work items separated including costs separated and presented in enough detail to allow intelligent review.

(d) The contract for preparation of detailed plans for construction or improvement of solid waste disposal facilities shall specify the manner and terms of payment by the applicant to the consulting engineer.

(e) In the case of an application by more than one municipality, one of the parties shall be specified to act as the applicant.

§362.8 Approval of Detailed Plans

The commissioner will notify the applicant in writing of the approval or disapproval of the detailed plans submitted by the applicant for construction or improvement of solid waste disposal facilities.

§362.9 Payments

(a) The first payment, not to exceed 50 percent of the total grant, shall be payable when detailed plans are approved by the commissioner.

(b) The balance of the grant shall be payable when construction contracts are awarded in accordance with the approved plans or when construction begins, whichever occurs first.

(c) Applications for payments are to be submitted on standard State vouchers for payments of State aid grants.

(d) The total grant payments for any project shall not exceed 50 percent of the entire cost of the preparation of detailed plans, including consideration of ultimate land use, for the construction of new solid waste disposal facilities or the improvement of existing solid waste disposal facilities, as determined and approved by the commissioner.

§362.10 Limitations

(a) Only those planning elements pertaining to the following items shall be eligible for aid:

(1) Preliminary plans.

(i) boundary survey of entire site;

(ii) preliminary ultimate use planning for the entire site;

(iii) preliminary drainage for entire site;

(iv) preliminary layout for on-site roads;

(v) initial topographic plan for entire site;

(vi) subsurface exploration necessary for above;

(vii) preliminary landscape design for completed entire site;

(viii) preliminary use plan for entire site including approximate volume available;

(ix) plans and reports for the above.

(2) Final plans.

Plans for all items necessary for proper site operation for a five-year or lesser period. Stage operation and planning is assumed. The plans are to include but not limited to:

(i) delineation of borrow and fill areas;

(ii) initial, interim and final topography;

(iii) ultimate use plan for completed site;

(iv) volume calculations;

(v) drainage (surface and subsurface);

(vi) leachate control;

(vii) design of buildings and control structures;

(viii) detailed operational plan for a five-year period;

(ix) detailed subsurface exploration of site;

(x) landscape design for completed site;

(xi) estimate of capital and operating cost for the project.

(b) No work previously done shall be duplicated such as boundary surveys, subsurface explorations, etc. except with the express consent of the commissioner.

(c) The estimate of reasonable cost by the commissioner shall be determined by consideration of costs of recent similar projects, reference to established schedules, and by an engineering evaluation of the degree and extent of work involved in the project.

(d) A grant will not be made to an applicant unless it demonstrates to the satisfaction of the commissioner its ability to pay the municipal share of the planning costs.

(e) A grant will not be made to an applicant if the commissioner determines the application is not presented in good faith, or that the applicant does not intend to implement the project.

(f) In order to ensure effective solid waste management, economy of capital cost and operation, each project before approval will be evaluated in terms of the overall disposal needs of the area in which it is located. The commissioner reserves the right to disapprove or require modification of any application if it does not contribute to the overall objectives of effective solid waste management or may become a deterrent to area-wide solutions at a later date.

(g) A grant will not be made to an applicant unless the commissioner is assured that:

(1) all portions of the project including the letting of contracts in connection therewith, will conform to applicable requirements of Federal, State and local laws, ordinances, rules and regulations.

(2) the applicant will keep adequate accounting and fiscal records.

(3) the applicant has a fee simple title or other estate or interest in the site of the project, including such necessary easements and rights-of-way as the commissioner finds sufficient to assure undisturbed use and possession for the estimated life of the project.

(h) No off-site facilities planning may be reimbursed.