Section 27-0715. Solid waste management technical assistance

1.  The  department shall conduct a comprehensive program of technical
  assistance to local governments, the private sector and  individuals  to
  enhance  their  capabilities  to  properly  plan for and implement solid
  waste  management  programs  consistent  with  the  state  solid   waste
  management  policy  set  forth  in section 27-0106 of this article. This
  program  will  establish  continuing  and  comprehensive   programs   of
  technical  assistance designed to consolidate, simplify, or expedite the
  development and implementation of such solid waste management programs.
    2. In conducting the program set forth in this section, the department
  shall  prepare,  provide  and  distribute  to  municipalities,  and  may
  distribute  to other persons, information and other technical assistance
  concerning development and  implementation  of  solid  waste  management
  plans,  programs  and facilities. Such information and assistance may be
  in the form of manuals,  generic  assessments  or  technical  assistance
  documents  and  other  written  materials  and,  as  may be appropriate,
  consultation services. Such information and assistance may  be  provided
  by  the  department  directly  or  by contract, shall be directed toward
  furthering the implementation of the state solid waste management policy
  established  pursuant  to  section  27-0106  of  this  article  and  the
  development  of  local  solid waste management plans pursuant to section
  27-0107 of this article and shall address:
    (a) available techniques and technologies for various forms  of  solid
  waste  management  and  recommendations  concerning  methods by which to
  achieve an appropriate balance among those techniques and  technologies,
  and  an  assessment  of  their  feasibility and usefulness under varying
  local circumstances;
    (b) applicable regulatory programs and permit processes;
    (c) with the assistance of the commissioner of  economic  development,
  and  in  cooperation  with  the  bureau of waste reduction and recycling
  established pursuant to  this  article,  assistance  in  developing  and
  implementing waste reduction, source separation and recycling programs;
    (d)  the  potential availability of financial assistance from existing
  state programs and other sources for any or all aspects  of  a  proposed
  solid waste management program;
    (e)   with   the   assistance  of  the  attorney  general,  the  state
  comptroller, and other appropriate officers and agencies of  the  state,
  the  development and implementation of contracts and service agreements,
  qualifications of vendors, and use of the procurement process, so as  to
  promote  compliance  with  the  applicable  provisions  of  the  general
  municipal law and federal and state anti-trust statutes;
    (f) model local laws or  ordinances  to  effectively  implement  sound
  solid   waste  management  programs,  including  source  separation  and
  recycling efforts  and  regional  disposal,  management,  and  marketing
  activities;
    (g)  generic  analyses of factors associated with the construction and
  operation of municipal solid waste management facilities;
    (h) a clearinghouse of information and suggestions from other  states,
  agencies,  and municipalities, the federal government, and other sources
  pertaining to development and implementation of solid  waste  management
  programs,  including  those relating to cost avoidance, public education
  and information efforts and potential host community incentives; and
    (i) the availability of consultation services pertaining to the issues
  identified and referred to in this section.
    3. In effectuating the state solid waste management policy  set  forth
  in  section  27-0106 of this article, the technical assistance personnel
  and resources of the department and local officials  should  work  as  a
  team,  each  bringing  their  respective authority and responsibility to

  bear in the development and implementation of a viable local solid waste
  management program, or, as may be appropriate, as  required  to  address
  specific problems associated with such programs. Accordingly, within the
  limits   of  appropriation  therefor,  upon  designation  of  the  local
  participants by a requesting  local  government,  the  department  shall
  provide  staff  and other resources, as appropriate, to work jointly and
  in cooperation with the requesting  local  government  on  a  continuing
  basis,  as  needed.  State  and  local  officials when working as a team
  should make available to interested parties periodic assessments of  the
  status and effectiveness of the team's efforts.
    4. In addition to providing technical assistance to municipalities and
  planning units in addressing the issues identified in subdivision two of
  section  27-0107  of  this  article  as  they  relate  to the particular
  circumstances confronted by such municipalities and planning units,  the
  department shall assist municipalities in identifying and evaluating:
    (i)  alternatives available for management of current and future solid
  waste, including costs and impacts of specific waste management methods;
  and
    (ii) regulatory requirements associated  with  the  implementation  of
  such alternatives.
    5.  In  administering  the  provisions of this section, the department
  shall provide to the governor, the legislature, and local governments on
  or before  December  thirty-first,  nineteen  hundred  eighty-eight  and
  annually   thereafter,   a  report  assessing  the  assistance  programs
  established  pursuant  to  this   title,   including   the   number   of
  municipalities   and   other   entities  which  received  assistance,  a
  description of the  services  provided  and  an  assessment  of  program
  effectiveness.
    6.  The department shall submit to the director of the division of the
  budget, the chairman and ranking minority member of the  senate  finance
  committee  and  the chairman and ranking minority member of the assembly
  ways and means  committee  an  evaluation  of  the  assistance  programs
  established  in  this  section, and their implementation, prepared by an
  entity independent of the department. Such evaluation shall be submitted
  by September first, nineteen hundred  ninety  and  by  September  first,
  every two years thereafter.
    7.  In administering assistance programs pursuant to this section, the
  commissioner  shall  consider  the  potential   for   coordination   and
  consolidation  of  solid waste management practices, including marketing
  efforts associated with source separation and recycling programs,  among
  municipalities  and  shall  encourage such cooperation and consolidation
  where it is practicable  and  would  result  in  enhanced  environmental
  protection and cost effectiveness.
    8.  To  effectuate  the  purposes  of this section, the department may
  request and shall be entitled to  receive,  from  any  state  agency  or
  public   authority   and  the  same  are  authorized  to  provide,  such
  assistance, services, facilities, and data as will enable the department
  to carry out its functions, powers, and duties.