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Part 628: Solid Waste Recovery and Management Projects

Contents:

Sec.

§628.1 Definitions

(a) Comprehensive solid waste management plan shall mean a proposed program adopted by a county or counties and approved by the commissioner for the purpose of providing effective solid waste recovery and management systems.

(b) Solid waste recovery and management system shall mean a municipal program to provide environmentally sound recovery or disposal of collected solid waste through facilities planned, designed, assembled and constructed to assure environmental protection and to maximize the potential for resource recovery.

(c) Solid waste recovery and management project shall mean the resource recovery equipment, disposal equipment or both, required for a solid waste and recovery management system.

(d) Resource recovery shall mean the process of obtaining materials or energy values from collected solid waste for use or reuse.

(e) Resource recovery equipment shall mean structures, machinery, or devices, singly or in combination, designed, constructed and required to separate, process, modify, convert, treat, or prepare collected solid waste so that component materials or substances or recoverable resources may be used as a raw material or for their productive purposes.

(f) Disposal equipment shall mean:

(1) structures, machinery, or devices at a disposal site necessary to efficient and environmentally sound land disposal of solid wastes, including but not limited to machinery or devices designed to move earth during burial of wastes or to increase the density of wastes buried or to be buried; and

(2) facilities, except vehicles, in which solid waste is temporarily stored and concentrated prior to transport to a disposal site.

(g) Municipality shall mean a city, county, town, village, public benefit corporation having power granted otherwise than under this article to construct, operate and maintain solid waste management projects, or an improvement district within a city, county, town or village, or any combination thereof.

(h) Cost shall mean the cost of resource recovery equipment or disposal equipment, engineering and architectural surveys, plans and specifications, and consultants and legal services and other direct expenses incident to a solid waste management project, exclusive of land acquisition, and expenses incident thereto, less any Federal assistance received or to be received.

(i) Commissioner shall mean the Commissioner of Environmental Conservation.

(j) Department shall mean the Department of Environmental Conservation.

(k) Governing body shall mean:

(1) in the case of a town, a town board;

(2) in the case of a county outside of the city of New York, the county board of supervisors or other elective governing body;

(3) in the case of a city, or village, the local legislative body thereof, as the term is defined in the Municipal Home Rule Law;

(4) in the case of a public benefit corporation, the board of directors, members or trustees thereof.

§628.2 Application Procedure for Grant-in-Aid

(a) A municipality shall make application for a State grant-in-aid to be applied to the cost of a solid waste recovery and management project on forms provided by the commissioner.

(b) Each application for a grant-in-aid shall be accompanied by a duly certified resolution adopted by the governing body of the municipality making such application which shall set forth the authority of the municipality to make application for such grant-in-aid and, further, shall name the individual in his official capacity who shall be authorized to sign said application as well as any contracts between the State and the municipality which may be required in order to qualify the municipality for State aid. In the event that more than one municipality shall make application for a joint solid waste recovery and management project, a single application for State aid shall be executed by all participating municipalities, which shall be individually and severally responsible therefor. In addition, such application shall be accompanied by a joint resolution setting forth respective responsibilities of each of the municipalities one with the other relative to such application.

(c) At the request of the commissioner, the municipality or municipalities, as the case may be, shall provide him with any additional information, documents, transcripts or other evidentiary material which he may deem necessary to determine eligibility of the municipality or municipalities to make such application for a State grant or which supports the efforts of the municipality or municipalities to obtain Federal aid relative to such application for State aid or which may support the municipality's claim to the right, title and interest in the real or personal property for which the State grant is requested.

§628.3 State Requirements

(a) To be eligible for State assistance a project shall be consistent with a comprehensive solid waste management plan. Such plan shall define specific geographic areas within or outside of the county and the municipal program to be employed so that each area is provided with environmentally sound recovery or disposal of collected solid waste. The solid waste recovery and management system may serve a part of a county, an entire county, more than one county or any combination thereof.

(b) Upon presentation of evidence supporting the necessity therefore, the commissioner may consider a project eligible for State assistance where a comprehensive solid waste management plan has not been adopted or approved.

(c) The comprehensive solid waste management plan, in addition to such other information as may be required, shall:

(1) Assure that all municipalities will be served by a solid waste recovery and management system.

(2) Provide for intermunicipal cooperation to optimize environmentally sound recovery or disposal of collected solid waste.

(3) Define solid waste collection service areas and the type of service to be provided.

(4) Utilize modern technology to best meet local needs and optimize opportunities for resource recovery.

(5) Provide for phased implementation of proposed systems to meet short range and long range needs.

(d) In addition to such other requirements as may be provided for by law, any project for which an application for State assistance is submitted shall:

(1) Comply in all respects with any Federal and State regulations, guidelines, instruction criteria, standards or other documents promulgated or issued by the Federal and State governments relative to such project.

(2) Be based on sound economy in design, construction and operation in addition to the requirements relative thereto as may be provided for in law.

(3) Provide upon completion environmentally sound recovery or disposal of collected solid waste so as to assure protection of the environment and to maximize the potential for optimum recovery and reuse of resources consistent with market conditions and the economics of recovery.

(e) All contract documents prepared by the municipality or municipalities relative to such solid waste recovery and management project pursuant to this Part shall conform to all State and local laws, ordinances, rules and regulations, and in the event of more than one municipality seeking State aid for such project all contracts shall be executed by each of the municipalities involved.

(f) An environmental assessment statement shall be provided for any project for which an application for assistance is submitted unless the commissioner determines that such statement is unnecessary.

(g) The application for a project shall give assurance that the amount of solid waste upon which the project is based will be delivered to the project.

(h) Consideration shall be given to locating the project in such a manner that its operation may complement other public service facilities.

§628.4 Approval of Projects

(a) In addition to other considerations provided for by law and this Part, the commissioner in reviewing project applications shall consider:

(1) the adequacy of the municipality's solid waste recovery and management system and its relationship to the needs or plans of other area municipalities;

(2) the suitability and feasibility of the project in relation to the solid waste recovery and management system and the area to be served;

(3) the urgency of the project, in relationship to all solid waste management project needs in the State;

(4) environmental soundness including assurance that the project will meet all applicable laws, criteria, rules or regulations;

(5) intergovernmental and non-governmental arrangements integral to the project;

(6) in the case of resource recovery projects, the degree of resource recovery and availability of existing or potential markets for he recovered resources;

(7) the demand placed on other public service facilities by the project;

(8) the relationship of the project to the present or planned implementation of other components of the system, or to other projects contemplated in the system.

(b) The State share of the cost of approved disposal equipment shall not exceed 25 percent.

(c) The State share of the cost of approved resource recovery equipment shall not exceed 50 percent. To be considered as resource recovery the equipment, singly or in combination, must be capable of converting a maximum feasible percent by dry weight of incoming solid waste into saleable resources upon completion of construction, giving due consideration to economic, technologic and social implications.

(d) Preference shall be given to those projects for resource recovery equipment which have been effectively and reliably demonstrated to the satisfaction of the commissioner, and to projects for resource recovery equipment of reasonable design capacity which when developed and operated will provide environmentally and economically sound advancement in solid waste management technology. State assistance shall be limited to resource recovery projects designed to process no more than 1,000 tons of solid waste per day, unless similar facilities have been satisfactorily operated at full scale.

(e) The State share of the cost shall be determined by the use and capability of the resource recovery or disposal equipment at the time of delivery, installation or construction.

§628.5 Payments

(a) Installment payments of the State grant will be made at the request of the municipality, and will be based on the cost of the work performed, materials and equipment supplied and incorporated in, and services rendered in connection with an approved project, and may be made as follows:

(1) a first installment of approximately one third of the State grant when not less than one third of the construction of the project is completed;

(2) a second installment of approximately one third of the State grant when not less than two thirds of the construction of the project is completed;

(3) a third installment of approximately one third of the State grant when the project is completed, inspected and in operation;

(4) five percent will be retained from each payment. The final payment will be released only after fully satisfying all requirements including, but not limited to, final inspection of construction and performance levels of operation as called for in the grant contract; or

(5) upon presentation of evidence supporting the necessity therefore, the commissioner may agree with a municipality to a different schedule of payments.

(b) Any cost of work completed after the final inspection will not be considered as part of the eligible project cost.

(c) The total grant payments for any project shall not exceed the percentage established in the grant contract and shall be based upon the estimated reasonable cost or the actual cost of the project, whichever is the lower.

(d) In the event that the municipality fails to comply with any of the requirements of the Environmental Conservation Law or the State Sanitary Code, or rules and regulations of the commissioner applicable to the solid waste recovery and management project, the commissioner may upon reasonable notice withhold, in whole or part, further payments to the municipality pending compliance.

§628.6 Projects

(a) Eligible resource recovery equipment may include, but is not limited to, pyrolizat on facilities, separation devices, energy conversion units, biological conversion facilities, shredders used for resource recovery, and structures necessary to contain and maintain the equipment.

(b) Eligible disposal equipment may include, but is not limited to, earth moving machinery, shredders used for volume reduction, compaction machinery, and structures necessary to house and maintain the equipment.