N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 369-6.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 369-6.3 - Application components

The following application components are required of applications for a project consisting of municipal landfill closure expenses:

(a) An application cover page signed by a duly authorized representative of the municipality. The application cover page must also designate a project contact person who is available to answer technical or administrative questions regarding the project application.

(b) Authorization, by certified resolution or other means acceptable to the department, from the governing body of the municipality for submission of the application. The required number of certified copies of the authorization will be determined by the department. The authorization must:

(1) set forth the authority of the municipality to make an application for state assistance under this subpart; and

(2) name an individual, by official title, who is authorized to sign the application and any subsequent contracts between the state and the municipality for state assistance under this Part.

(c) A copy of the closure investigation report required under Part 363 of this Title, and correspondence from the department indicating the approval status of the report;

(d) A copy of the administrative order, court order or permit condition containing the obligation to close the landfill;

(e) A municipal landfill closure project work plan outlining the tasks to be completed and tasks already completed, a timetable for the proposed or actual completion of each task, and estimated or actual costs for each task;

(f) A statement that the landfill site is not currently a Classification 1 or Classification 2 site in the Registry of Inactive Hazardous Disposal Waste Sites.

(g) A statement that another landfill will not be constructed on the landfill closure project area.

(h) A statement that post-closure monitoring and maintenance of the landfill site will be implemented in accordance with Part 363 of this Title.

(i) A project budget, consisting of:

(1) an itemized list of all the estimated eligible project costs necessary for completion of the project; and

(2) a description of any state, federal, or other financial assistance for this project received directly or indirectly or pending for this project and of any rebates or refunds or cost recovery associated with the project.

(3) Reasonable costs directly related to designing and constructing a municipal landfill closure project will be considered eligible. Eligible costs include the following, to the extent they are necessary for actual project construction:

(i) costs for preparation of a closure investigation report;

(ii) costs for engineering, consultant services, and architectural services;

(iii) costs for preparation of plans and specifications;

(iv) costs for legal services for bonding landfill closure projects and for reviewing contracts with project contractors;

(v) costs for closure construction; and

(vi) costs for other direct capital expenses incident to the municipal landfill closure project as approved by the department.

(j) Certification that all services for this project are solicited and procured in accordance with the General Municipal Law (GML) and other applicable laws, signed by a duly authorized representative of the municipality consistent with this Part.

(k) Minority/Women's Business Enterprise and Equal Employment Opportunity (M/WBE-EEO) documentation as required by state law.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 369-6.3

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017