N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 369-7.1

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

Section 369-7.1 - General application procedures

(a) A municipality, upon the approval of its governing body, may submit an application to the department, in a form and containing information as the department may require, for state assistance toward the cost of an eligible project. The procedures outlined in this section are only applicable to funding provided pursuant to this Subpart.

(b) For projects identified in this subdivision, the department will use pre-application procedures to facilitate the application process. A municipality has the option of submitting either a pre-application or a complete application.

(1) If a pre-application is submitted, it must consist of, at a minimum:

(i) the name and address of the municipality including the name, e-mail address and telephone number of a designated project manager;

(ii) a description of the project; and

(iii) the estimated project cost and amount to be requested, including an itemized list of equipment, materials and services to be procured.

(2) The department will establish and maintain a combined waiting list for qualifying municipal landfill gas management projects and landfill closure projects. The waiting list will be comprised of potentially eligible pre-applications and applications received by the department. An applicant's position on the waiting list is determined by the date on which the department receives the submitted pre-application or complete application.

(3) An applicant's position on a waiting list does not constitute, and is not to be interpreted as, a guarantee or promise of funding from the department.

(4) Department processing of applications.

(i) Upon availability of funding, the department will contact applicants in the order they appear on the waiting list, and notify the applicant that they are required to submit a complete final application within 60 calendar days. If the final application or a written request for an extension to submit the application is not received by the department within 60 calendar days, the department may determine the applicant is no longer be eligible for funding.

(ii) The department is authorized to require any additional information from an applicant as may be necessary to complete a project application and maintain a position on the waiting list.

(c) A project application will be reviewed and may be approved, disapproved or modified by the department consistent with the requirements of this Part.

(d) The department will perform an initial review of all applications received for completeness. Any application that is deemed to be substantially incomplete will be returned to the applicant and must be resubmitted. The original receipt date will not be retained.

(e) Eligible costs include reasonable costs directly related to designing and constructing a landfill gas management system. Eligible costs include the following to the extent that they are necessary for the actual project construction:

(1) costs for the landfill gas generation investigation, landfill gas generation tests (which can include hood-type testing to determine the rate of landfill gas generation) and subsequent analysis;

(2) costs for preparation of a landfill gas management system engineering report;

(3) costs for engineering services associated with the preparation of design documents, plans and specifications associated with the landfill gas management system; associated construction inspection services including quality assurance and quality control services during construction; surveying services; and laboratory testing services including the costs associated with collection of samples for testing;

(4) costs for construction of landfill gas collection and treatment systems, including vertical gas wells, horizontal gas collector systems or devices, gas collection system headers and associated valves and sampling ports, landfill gas blowers and compressors, gas handling systems, leak detection and repair to limit methane emissions, stationary ground-type flares, internal combustion engines, turbines and air pollution control devices associated with the landfill gas management system from initial collection through the conversion of landfill gas into a marketable product;

(5) costs associated with the design and construction of structures to house or enclose the landfill gas collection and treatment equipment, to facilitate maintenance and to minimize related operational noise;

(6) costs for legal services for bonding landfill gas management projects and for reviewing contracts with project contractors; and

(7) costs for other direct capital expenses related to proper design and construction of the landfill gas management system as approved by the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 369-7.1

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

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023