54-0503 – Eligibility to Receive State Assistance Payments for Municipal Landfill Closure Projects.

§ 54-0503. Eligibility   to   receive   state  assistance  payments  for
           municipal landfill closure projects.
Any municipality which is the owner or  operator  of  a  landfill  may
  apply  for  state  assistance  payments  toward  the cost of a municipal
  landfill closure project upon showing that the  following  criteria,  in
  addition to applicable rules and regulations, have been met:
1.  The landfill site has not been classified pursuant to subparagraph
  one or two of paragraph b of subdivision four of section 27-1305 of this
  chapter. Sites which have been removed from the registry may  apply  for
  state assistance payments.
2.  The  municipality  has  an  obligation  to close the landfill by a
  specific date pursuant to an administrative order, court order or permit
  which requires the municipality to cease acceptance of waste at the site
  within eighteen months of the date the application for state  assistance
  payment is approved.
3. A closure investigation report which complies with the requirements
  of  applicable  regulations of the department, including a demonstration
  that future physical climate risk due to sea level  rise,  and/or  storm
  surges   and/or   flooding,  based  on  available  data  predicting  the
  likelihood of future  extreme  weather  events,  including  hazard  risk
  analysis  data  if  applicable,  has  been  considered,  shall have been
  submitted.
4. The municipality has agreed, upon project approval,  to  waive  any
  right  to state assistance for closure of the site under section 27-1313
  of this chapter.