Section 54-0509. Contracts for state assistance payments for municipal landfill closure projects and municipal landfill gas management projects

After   approval   of   the  application,  the  commissioner  and  the
  municipality shall enter into a contract for state  assistance  payments
  toward  the  cost  of  such  project  which  shall include the following
  provisions:
    1. A current estimate of the cost of the project as determined by  the
  commissioner at the time of the execution of the contract.
    2.  An agreement by the commissioner to make state assistance payments
  toward  the  cost  of  the  project  by  periodically  reimbursing   the
  municipality  for costs incurred during the progress of the project. For
  a municipal landfill closure project, which does not include a  landfill
  gas  management  system, such reimbursement shall be a maximum of either
  fifty percent of  the  cost,  or  ninety  percent  of  the  cost  for  a
  municipality  with  a  population  smaller  than  thirty-five hundred as
  determined by the current  federal  decennial  census,  or  two  million
  dollars,  whichever is less. For a landfill gas management system, which
  is part of a municipal landfill closure project, reimbursement shall  be
  a  maximum of either fifty percent of the cost, or ninety percent of the
  cost for a municipality  with  a  population  smaller  than  thirty-five
  hundred  as  determined  by the current federal decennial census, or two
  million dollars,  whichever  is  less.  For  a  municipal  landfill  gas
  management  project,  reimbursement  shall  be a maximum of either fifty
  percent of the cost, or ninety percent of the cost  for  a  municipality
  with  a population smaller than thirty-five hundred as determined by the
  current federal decennial census, or two million dollars,  whichever  is
  less.  Project  costs are subject to final computation and determination
  by the commissioner upon completion of the project, and shall not exceed
  the maximum cost set  forth  in  the  contract.  For  purposes  of  this
  subdivision, the approved project cost shall be reduced by the amount of
  any specific state assistance payments for municipal landfill closure or
  municipal  landfill  gas  management  project  purposes  received by the
  municipality from any source; provided, however, that non-specific state
  assistance payments, such as amounts paid pursuant to section fifty-four
  of the state finance law, shall not be included in such cost reduction.
    3. An agreement by the municipality to proceed expeditiously with  the
  project and to complete the project in accordance with plans and reports
  approved  by  the  department  and  with  the  conditions  of applicable
  permits, administrative orders or judicial orders.