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SECTION 27-0715
Solid waste management technical assistance
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 7
§ 27-0715. Solid waste management technical assistance.

1. The department shall conduct a comprehensive program of technical
assistance to local governments, the private sector and individuals to
enhance their capabilities to properly plan for and implement solid
waste management programs consistent with the state solid waste
management policy set forth in section 27-0106 of this article. This
program will establish continuing and comprehensive programs of
technical assistance designed to consolidate, simplify, or expedite the
development and implementation of such solid waste management programs.

2. In conducting the program set forth in this section, the department
shall prepare, provide and distribute to municipalities, and may
distribute to other persons, information and other technical assistance
concerning development and implementation of solid waste management
plans, programs and facilities. Such information and assistance may be
in the form of manuals, generic assessments or technical assistance
documents and other written materials and, as may be appropriate,
consultation services. Such information and assistance may be provided
by the department directly or by contract, shall be directed toward
furthering the implementation of the state solid waste management policy
established pursuant to section 27-0106 of this article and the
development of local solid waste management plans pursuant to section
27-0107 of this article and shall address:

(a) available techniques and technologies for various forms of solid
waste management and recommendations concerning methods by which to
achieve an appropriate balance among those techniques and technologies,
and an assessment of their feasibility and usefulness under varying
local circumstances;

(b) applicable regulatory programs and permit processes;

(c) with the assistance of the commissioner of economic development,
and in cooperation with the bureau of waste reduction and recycling
established pursuant to this article, assistance in developing and
implementing waste reduction, source separation and recycling programs;

(d) the potential availability of financial assistance from existing
state programs and other sources for any or all aspects of a proposed
solid waste management program;

(e) with the assistance of the attorney general, the state
comptroller, and other appropriate officers and agencies of the state,
the development and implementation of contracts and service agreements,
qualifications of vendors, and use of the procurement process, so as to
promote compliance with the applicable provisions of the general
municipal law and federal and state anti-trust statutes;

(f) model local laws or ordinances to effectively implement sound
solid waste management programs, including source separation and
recycling efforts and regional disposal, management, and marketing
activities;

(g) generic analyses of factors associated with the construction and
operation of municipal solid waste management facilities;

(h) a clearinghouse of information and suggestions from other states,
agencies, and municipalities, the federal government, and other sources
pertaining to development and implementation of solid waste management
programs, including those relating to cost avoidance, public education
and information efforts and potential host community incentives; and

(i) the availability of consultation services pertaining to the issues
identified and referred to in this section.

3. In effectuating the state solid waste management policy set forth
in section 27-0106 of this article, the technical assistance personnel
and resources of the department and local officials should work as a
team, each bringing their respective authority and responsibility to
bear in the development and implementation of a viable local solid waste
management program, or, as may be appropriate, as required to address
specific problems associated with such programs. Accordingly, within the
limits of appropriation therefor, upon designation of the local
participants by a requesting local government, the department shall
provide staff and other resources, as appropriate, to work jointly and
in cooperation with the requesting local government on a continuing
basis, as needed. State and local officials when working as a team
should make available to interested parties periodic assessments of the
status and effectiveness of the team's efforts.

4. In addition to providing technical assistance to municipalities and
planning units in addressing the issues identified in subdivision two of
section 27-0107 of this article as they relate to the particular
circumstances confronted by such municipalities and planning units, the
department shall assist municipalities in identifying and evaluating:

(i) alternatives available for management of current and future solid
waste, including costs and impacts of specific waste management methods;
and

(ii) regulatory requirements associated with the implementation of
such alternatives.

5. In administering the provisions of this section, the department
shall provide to the governor, the legislature, and local governments on
or before December thirty-first, nineteen hundred eighty-eight and
annually thereafter, a report assessing the assistance programs
established pursuant to this title, including the number of
municipalities and other entities which received assistance, a
description of the services provided and an assessment of program
effectiveness.

6. The department shall submit to the director of the division of the
budget, the chairman and ranking minority member of the senate finance
committee and the chairman and ranking minority member of the assembly
ways and means committee an evaluation of the assistance programs
established in this section, and their implementation, prepared by an
entity independent of the department. Such evaluation shall be submitted
by September first, nineteen hundred ninety and by September first,
every two years thereafter.

7. In administering assistance programs pursuant to this section, the
commissioner shall consider the potential for coordination and
consolidation of solid waste management practices, including marketing
efforts associated with source separation and recycling programs, among
municipalities and shall encourage such cooperation and consolidation
where it is practicable and would result in enhanced environmental
protection and cost effectiveness.

8. To effectuate the purposes of this section, the department may
request and shall be entitled to receive, from any state agency or
public authority and the same are authorized to provide, such
assistance, services, facilities, and data as will enable the department
to carry out its functions, powers, and duties.