Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Costs generally may not be incurred prior to a written commitment from the
department. Exceptions may be made when the applicant can satisfactorily
demonstrate undue hardship, the lack of other available funding or the exigency
of the project. In no event, shall a cost be eligible if incurred prior to July
22, 1998.
(b) Costs funded with
Federal assistance or through other State waste prevention programs shall not
be eligible for funding under this program.
(c) All costs shall be reasonable, as
determined by the department.
(d)
Project costs may be eligible only after the department determines their
eligibility and approves such costs through review of a program
application.
(e) Eligible cost
items include, but are not limited to the following:
(1) Capital costs incurred for the
acquisition, construction, alteration, repair or improvement of a building,
fixtures, machinery or equipment associated with the following activities:
(i) source reduction;
(ii) material or feedstock substitution
resulting in the use of less toxic or non-toxic materials, provided that said
substitution does not result in the creation of a new risk;
(iii) in-process recycling;
(iv) recycling or reuse of non-hazardous
solid wastes;
(v) increased energy
efficiency;
(vi) conservation of
the use of water or other natural resources which improves the economics of
business operations;
(vii)
elimination of materials purchases, which would result in waste reduction and
resource conservation; and
(viii)
other practices or technologies that reduce the use of hazardous materials or
otherwise improve air or water quality.
(2) Engineering, architectural and other
professional consulting services performed in relation to the
project.
(3) Land surveys certified
by an individual licensed to practice land surveying in the State of New York.
Costs for salaries of applicant or project co-implementor employees performing
this function are not eligible.
(4)
Legal services rendered in connection with the project, including, but not
limited to, costs related to bond development. Costs for salaries of applicant
or project co-implementor employees performing this function are not
eligible.
(5) Construction and
infrastructure costs associated with site preparation and improvement, such as
drainage and sewer systems, demolition, relocation of utilities, purchase and
installation of materials and equipment, erection of structures and associated
costs necessary to implement the project including, but not limited to,
insurance, labor, building materials and materials storage, temporary
utilities, security, performance bonds and permits for eligible items. Labor
overtime costs may be eligible if such costs were incurred on an emergency
basis and proper documentation is provided to the department. Eligibility for
State assistance for all construction costs are limited to the term of the
State assistance contract.
(6) Land
costs for not more than the reasonable amount of land required for the
project.
(7) Directly related
transportation facility costs, including, but not limited to:
(i) acquisition and/or development of
transportation facilities such as access roads, docks, wharves, rail spurs and
railheads, for the purpose of facilitating the movement of recyclable materials
to market;
(ii) land acquisition
for the construction of transportation facilities, not to exceed a reasonable
amount of land required for the project; and
(iii) engineering, architectural, legal and
other professional consulting services.
(8) Directly related technical assistance
costs, include, but are limited to:
(i)
personal service expenses for project employees and support staff engaged in,
but not limited to, source reduction or material substitution practices,
in-process recycling, recycling or reuse of non-hazardous solid wastes, energy
efficiency practices, conservation of water or other natural resources that
improve process economics of businesses, waste or resource reduction practices,
and/or other practices which reduce the use of hazardous materials or improve
air or water quality, implementing education, training or quality control
programs, preparing and distributing educational or training materials. Only
that portion of the employee's time directly related to the project will be
eligible for reimbursement. Costs which are funded by other State waste
prevention programs or Federal programs are ineligible for
assistance;
(ii) corresponding
fringe benefit costs for above noted personal service costs;
(iii) non-personal service expenses in
support of the personnel assigned to the project, including, but not limited
to, supplies and materials, publications, travel, printing, postage, office
equipment rental and repair, office space rental, telephone, utilities and
office equipment purchases; and
(iv) contractual services costs associated
with parties hired to perform any of the above described functions.