Legislation

Search OpenLegislation Statutes

This entry was published on 2015-03-27
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 54-0503
Eligibility to receive state assistance payments for municipal landfill closure projects
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 54, TITLE 5
§ 54-0503. Eligibility to receive state assistance payments for

municipal landfill closure projects.

Any municipality which is the owner or operator of a landfill may
apply for state assistance payments toward the cost of a municipal
landfill closure project upon showing that the following criteria, in
addition to applicable rules and regulations, have been met:

1. The landfill site has not been classified pursuant to subparagraph
one or two of paragraph b of subdivision four of section 27-1305 of this
chapter. Sites which have been removed from the registry may apply for
state assistance payments.

2. The municipality has an obligation to close the landfill by a
specific date pursuant to an administrative order, court order or permit
which requires the municipality to cease acceptance of waste at the site
within eighteen months of the date the application for state assistance
payment is approved.

3. A closure investigation report which complies with the requirements
of applicable regulations of the department, including a demonstration
that future physical climate risk due to sea level rise, and/or storm
surges and/or flooding, based on available data predicting the
likelihood of future extreme weather events, including hazard risk
analysis data if applicable, has been considered, shall have been
submitted.

4. The municipality has agreed, upon project approval, to waive any
right to state assistance for closure of the site under section 27-1313
of this chapter.