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This entry was published on 2014-09-22
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SECTION 56-0407
Fresh Kills landfill closure project
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 56, TITLE 4
§ 56-0407. Fresh Kills landfill closure project.

1. The commissioner, in the name of the state, may enter into a
contract with the city of New York for state assistance payments for the
Fresh Kills landfill closure project.

2. 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.
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.