N.Y. Comp. Codes R. & Regs. tit. 6 § 628.4

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

Section 628.4 - Approval of projects

(a) In addition to other considerations provided for by law and this Part, the commissioner in reviewing project applications shall consider:

(1) the adequacy of the municipality's solid waste recovery and management system and its relationship to the needs or plans of other area municipalities;

(2) the suitability and feasibility of the project in relation to the solid waste recovery and management system and the area to be served;

(3) the urgency of the project, in relationship to all solid waste management project needs in the State;

(4) environmental soundness including assurance that the project will meet all applicable laws, criteria, rules or regulations;

(5) intergovernmental and non-governmental arrangements integral to the project;

(6) in the case of resource recovery projects, the degree of resource recovery and availability of existing or potential markets for he recovered resources;

(7) the demand placed on other public service facilities by the project;

(8) the relationship of the project to the present or planned implementation of other components of the system, or to other projects contemplated in the system.

(b) The State share of the cost of approved disposal equipment shall not exceed 25 percent.

(c) The State share of the cost of approved resource recovery equipment shall not exceed 50 percent. To be considered as resource recovery the equipment, singly or in combination, must be capable of converting a maximum feasible percent by dry weight of incoming solid waste into saleable resources upon completion of construction, giving due consideration to economic, technologic and social implications.

(d) Preference shall be given to those projects for resource recovery equipment which have been effectively and reliably demonstrated to the satisfaction of the commissioner, and to projects for resource recovery equipment of reasonable design capacity which when developed and operated will provide environmentally and economically sound advancement in solid waste management technology. State assistance shall be limited to resource recovery projects designed to process no more than 1,000 tons of solid waste per day, unless similar facilities have been satisfactorily operated at full scale.

(e) The State share of the cost shall be determined by the use and capability of the resource recovery or disposal equipment at the time of delivery, installation or construction.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 628.4