New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VII - STATE AID
Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972
Part 628 - Solid Waste Recovery And Management Projects
Section 628.3 - State requirements

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 628.3

Current through Register Vol. 46, No. 39, September 25, 2024

(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 complettion 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.

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