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JOSHUA Y. HORTON co Town Hall, 53095 Route 25
SUPERVISOR �y • P.O. Box 1179
Southold,New York 11971-0959
�Ol �a0 Fax(631) 765-1823
Telephone(631) 765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
July 1, 2002
Resource Management Section
Bureau of Program Management
Division of Solid&Hazardous Materials
NYS DEC
625 Broadway—Floor 9
Albany,NY 12233-7250
Dear Mr. Hammond:
Re: Environmental Conservation Law,Article 54, Title 5
Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments for Municipal
Landfill Closure Projects
Southold Landfill (Phase 2), Suffolk County
With regard to the above-referenced project, enclosed please find the following:
• Five executed and notarized original copies of the proposed contract between the DEC and the Town
of Southold for State Assistance. One original copy has been retained for our files. Please note that on
each contract the former Supervisor's (Jean Cochran)name has been replaced with the current
Supervisor's(Joshua Horton)name and each change has been initialed.
• Five original certified resolutions of the Southold Town Board adopted June 18, 2002 in which the
Supervisor is authorized and directed as the official representative to act in connection with any
application between the Municipality and the State.
Should you require additional information,please contact my office.
Sincerely,
oshua 7H7
Supervisor
/rbw
Contract No. C300886
New York State Department of Environmental Conservation
New York State Environmental Conservation Law (ECL), Article 54,
Title 5, Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments
For Municipal Landfill Closure Projects
This is a contract made under Article 54 of the Environmental
Conservation Law
BETWEEN
The New York State Department of Environmental Conservation
(Hereinafter referred to as the "Department')
with offices at 625 Broadway, 9`h Floor, Albany, NY 12233-7250
AND
The Town of Southold
(hereinafter referred to as the "Municipality")
with offices at 53095 Main Road, Southold, NY 11971
Page 1 of 12
r '
WHEREAS, the State Legislature has determined that the existence
of inadequately closed landfills is a significant threat to New York
State's environment; and
WHEREAS, the Department is authorized by Article 54 of the New
York State Environmental Conservation Law to enter into contracts
on behalf of the State to provide State Assistance to Municipalities;
and
WHEREAS, the Municipality has applied for State Assistance for
their Municipal Landfill Closure Project; and
WHEREAS, the Municipality agrees to undertake all work and to
comply with all terms and conditions of this contract; and
WHEREAS, the Municipality has filed with the Department a duly
adopted resolution authorizing it to make an application and to enter
into and execute this contract for the purpose of receiving State
Assistance; and
WHEREAS, the Municipality represents that it has the legal status
necessary to enter into this contract and has authorized the person
signing this contract to do so, as evidenced by attached certified
resolution of the Municipality's governing body; and
WHEREAS, the Municipality agrees that it will fund its portion of the
cost of the Municipal Landfill Closure Project; and
WHEREAS, the Department's execution of this contract is made in
reliance upon the information provided by, and representations of,
the Municipality in its application papers and in this contract; and
WHEREAS, the Municipality has an obligation to close its landfill
under the permit condition, administrative order, or court order
creating the obligation; and
WHEREAS, the Municipality is compliant with and commits to
continue to comply with the requirements for State Assistance to
Municipalities established under Article 54 of the ECL and 6 NYCRR -
Subpart 360-9;
NOW, THEREFORE,
Page 2 of 12
i
The Department and the Municipality agree as follows:
I. Definitions
A. Terms used in this contract have the same meaning as set forth in 6
NYCRR Part 360 and Article 54 of the ECL.
B. In addition, the following terms in this contract have the following
meanings:
(1) "Contractor" in Appendices A and B means the Municipality;
(ll) "Parties" in Appendices A and B means the Department and the
Municipality;
(III) "Project" means the Municipal Landfill Closure Project of the
Municipality;
(IV) "Municipal Landfill Closure Project Work Plan" means a document
which provides a schedule of completion for the
(V) "Reimbursement Application Schedule" means a document which
provides a schedule for reimbursement applications (See Attachment
No. 2);
(VI) "State Assistance" means any money provided as a reimbursement
under Title 5 of Article 54 of the ECL;
(VII) "Eligible Costs" means the capital cost of a Municipal Landfill
Closure Project as defined in 6 NYCRR Section 360-9.6, eligible
and ineligible costs; and
(VIII) "Landfill Closure Site, "as defined by 6 NYCRR Part 360-9.2(B)(4) -- -- - -
means the part of the disposal facility being closed under this
contract.
2. State Assistance
A. The Department agrees to reimburse one half(fifty percent)of the
Municipality's eligible costs for the Municipal Landfill Closure Project. The
Department's reimbursement to the Municipality under this contract,
however, must not exceed the sum of
Eight hundred sixty-seven thousand five hundred dollars and no cents
($867,500)Only those costs incurred during the term of this contract are
eligible reimbursement.
The Municipality is eligible to receive a maximum of$2 million for the
closure of the entire site, as defined by 6 NYCRR Part 360-1.2(6)(154),
regardless of whether or not the landfill is being closed in phases.
Page 3 of 12
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B. The Municipality agrees to:
(1) complete the Project in accordance with plans and reports as
approved by the Department;
(II) Perform the closure work according to the attached schedule of
completion (See Attachment No, 1);
(III) File progress reports at the intervals stipulated in the attached
schedule (See Attachment No. 3);
(IV) Submit to the Department all Project changes which may substantially
alter the nature or scope of the Project and affect the Municipality's
ability to comply with all applicable laws and regulations; and
(V) Stop receiving solid waste at the landfill closure site within 18 months
following the approval date of the application for State Assistance.
C. State Assistance payments will be made to the Municipality in installments
as listed in the Reimbursement Application Schedule(See Attachment
No. 2),which is attached and is part of this contract. Reimbursement
claims must be made on a New York State Aid Voucher and must be
accompanied with adequate documentation as outlined in Appendix C.
The Department will retain ten percent(10%)of each payment made to
the Municipality. The retainage (10%) is to be paid to the Municipality
when the Department completes its final inspection and approves the
Project as complete.
D. If additional State Assistance monies become available for the closure of
the landfill and the Municipality does not have a contract for the full
amount for which it is legally entitled, then the Department may take
reasonable and appropriate action to amend the amount of State
Assistance payable under this contract to the Municipality.
E. If the Municipality fails to comply with the terms of this contract, or with any
applicable State and Federal laws and regulations, or
(1) Fails to complete the Project as planned;
(11) Fails to proceed with the Project as scheduled;
(111) Fails to file progress reports at the intervals stipulated in the attached
Schedule (See Attachment No. 3);
(IV) Changes the Project in any way that will substantially alter the nature
or scope of the Project;or,
(V) Transfers the ownership of the landfill or any portion of the landfill
without advance written approval from the Department;
Then the Department will notify the Municipality of such failure.
Page 4 of 12
The Department will put the reasons for the failure determination in writing and
will allow the Municipality a period of time (to be determined by the Department
and stated in the letter of failure determination)to correct the failure. The
Department will withhold all future State Assistance payments under this
contract until the failure has been corrected to the satisfaction of the
Department.
If the failure is not corrected within the time period established by the
Department, then the Department will notify the Municipality that it is in breach
of contract. If the Municipality is in breach of contract, then the Municipality
agrees to immediately repay to the Department any State Assistance monies
received by the Municipality under this contract, plus appropriate interest, as
provided by law. If the Municipality fails to repay the State Assistance within
365 days of notification, the Municipality agrees that the Department may take
any lawful measures relating to the recovery of unrepaid State Assistance
including, but not limited to, the deduction of monies from other State financial
aid to the Municipality.
3. Municipal Cost Recovery from Other Sources
A. The Municipality agrees to take all reasonable steps to recover its Project
costs from other sources and to assist in its effort to recover the State's
Project costs from other sources.
B. At the Department's request, the Municipality must provide the Department
with documentation of the steps taken under subparagraph A'at;ove.
C. The estimated eligible cost of the Project, upon which State Assistance is
calculated, must not include any costs which are paid or committed to the
Municipality for the Municipal Landfill Closure Project from other sources.
Other sources of assistance may include, but are not limited to, Federal
grants, grants from municipal or development authorities and/or from - - --- _ - --- --
private sources. In addition, all revenue received for alternate grading
material is considered assistance and must be used to offset the total
eligible cost of the Project. Alternate grading material is defined as
material, other than uncontaminated soil, that is received by the landfill,
after the landfill has ceased accepting waste,for the purpose of achieving
closure grades.
D. The Municipality must provide the Department with timely notice of any
costs paid or committed to the Municipality for the Municipal Landfill
Closure Project from other sources.
E. If there are any payments made or committed to the Municipality for the
Municipal Landfill Closure Project from other sources which were not
included in the calculation of State Assistance, then the amount of State -
Assistance will be recalculated accordingly and the Municipality must
repay to the State the amount by which the State payment exceeds the
recalculated State Assistance.
Page 5 of 12
If the Municipality fails to repay the State Assistance within 365 days of
notification, the Municipality agrees that the Department may take any lawful
measure relating to the recovery of unrepaid State Assistance including, but not
limited to, the deduction of monies from other State financial aid to the
Municipality.
4. Project Insurance
A. The Municipality agrees that it will require each Project consultant, Project
contractor and Project subcontractor to secure and deliver to the
Municipality appropriate policies of insurance issued by an insurance
company licensed to do business in the State. These policies must name
the Municipality as an additional insured, with appropriate limits, covering
contractor's public liability and property damage insurance, contractor's
contingency liability insurance"all-risk" insurance and worker's
compensation for the Project. The Municipality will require that copies of
the applicable insurance policies be made available to the Department for
review upon request.
B. The Municipality must require each Project construction contractor and
Project subcontractor to provide specific performance and payment bonds
each in amounts not less than the contractor's or subcontractor's contract
price. These bonds must remain in effect for one year beyond the date of
final inspection and acceptance by the Municipality of any work under such
contract. The Municipality must participate in the Flood Insurance
Program if any permanent construction is located in a flood hazard area
delineated by the Federal Department of Housing and Urban
Development.
5. Proiect Management
A. The Municipality agrees that it will complete the Project in accordance with - -the Municipal Landfill Closure Project Work Plan (See Attachment No. 1),
plans and specifications, and any amendments approved by the
Department or approved by a court having the appropriate jurisdiction.
B. The Municipality agrees to develop and submit to the Department an
approvable Project Management Plan by N/A
The Project Management Plan will describe the Municipality's Project
management structure, personnel qualifications, procedures for field oversight and
the specific recordkeeping, cost accounting and cost control responsibilities and
procedures used to:
(1) Identify all eligible and ineligible costs and segregate each category of
costs in separate accounts; and to
(11) maintain adequate accounting and fiscal records which show the
receipt and expenditure of all monies for the Project. These records
must be made available for audit by the Department and/or the State
Comptroller for a period of six years after the final payment for this
Project.
Page 6 of 12
The Project Management Plan must be approved by the Department before
any State Assistance payments are made to the Municipality.
C. The Municipality will permit the Department to participate in all its
meetings and conferences with respect to the Project. Upon request from
the Department, the Municipality must submit to the Department reports,
documents, data, contractual documents, administrative records and other
information pertinent to the Project.
D. The Municipality must get written Department approval to use the
Municipality's employees to perform construction, engineering, legal or
other Project-related activities. The Department will approve these
proposals if the Municipality can demonstrate that the Municipality's
employees possess the necessary competence to perform the work in
question and that the work can be more economically performed and done
on a timely basis by the use of the Municipality's employees. The cost of
any work performed by the Municipality's employees which does not
receive written Department approval will be ineligible for reimbursement. If
written Department approval is given to use the Municipality's employees
for a specified task or activity, the Municipality must maintain such records
as the Department will require to document these costs.
E. The Municipality must at all times provide and maintain competent and
adequate resident supervision and inspection under the direction of a
professional engineer licensed by the State of New York. The licensed
professional engineer is responsible for ensuring that all closure work
conforms to the approved plans and specifications and must certify to the
Municipality and to the Department that all work was completed in
accordance with Department approved plans and specifications.
F. The Municipality agrees to advertise for and solicit Project bids within a
reasonable time after receipt of the Department's approval of plans and
specifications. The Municipality further agrees to award Project contracts
within a reasonable time after opening the bids.
G. The Municipality agrees to resolve all bid protests and to notify the
Department of each bid protest and how it was resolved.
H. The Municipality represents that it has or will obtain the title to or sufficient
interest in the Project site, including rights-of-way and necessary
easements, before the start of construction to ensure undisturbed use and
possession for purposes of construction and completion of the Project.
I. The Municipality agrees that it is fully responsible for the maintenance and
monitoring of the Project.
J. The Municipality agrees that all work performed in relation to the Project
by the Municipality or its agents, representatives, or contractors will
conform to applicable Federal, State and Local laws, ordinances, rules and
regulations and standards.
Page 7 of 12
6. Inspection
A. The Municipality will provide the Department unrestricted access to field
work during the preparation and progress of the Project. The Municipality
will require that all contracts and subcontracts relating to the Project will
contain provisions for unrestricted access and inspection by the
Department.
B. Facilities by the Department or equipment purchased with State
Assistance provided under this contract will, upon request, be made
available for Department inspection at any reasonable time by the
Municipality.
C. The Municipality agrees to notify the Department when the Project is
complete. The Department will,when the final written Project certification
is received from the Municipality, conduct a final inspection to verify if the
completed Project meets all applicable laws and regulations and contract
requirements.
7. Additional Obligations and Responsibilities of the Municipality
A. The Municipality agrees to be in substantial compliance with its obligation
to close the landfill and to waive any right to assistance under
Section 27-1313 of the Environmental Conservation Law.
B. The Municipality agrees not to construct a new landfill over the landfill
closed under this contract and to monitor and maintain this closed landfill
in accordance with all applicable Department regulations effective at the
date of this contract.
C. If a Municipality closes its landfill in phases, the Municipality agrees to
close all subsequent phases of this facility in accordance with Department
regulations for new landfills which are in effect at least six months before
the subsequent phase becomes inactive.
8. Signs
In recognition of the State Assistance provided under this contract for the
Project,the Municipality shall ensure that any identifying signs that relate to this
Project will note that portions of the Project are assisted by the State of New York.
9. No Waiver of Remedies
The Municipality shall not be required to make any demand upon, pursue
or exhaust any of its rights or remedies against the State. The State shall not be
required to make any demand upon, pursue or exhaust any of its rights or
remedies against the Municipality. A delay or omission by the State or the
Municipality in exercising any right under this contrast-shall not operate as a
waiver of that right or any other right under this contract. A waiver on any
occasion shall not be construed as a bar to or a waiver of any right and/or remedy
on any other occasion. No waiver or consent is binding unless it is in writing and
executed by the Department and the Municipality.
Page 8 of 12
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10. Appendices and Attachments
Appendix A, "Standard Clauses for All New York State Contracts,"and
Appendix B, "Standard Clauses for All New York State Department of
Environmental Conservation Contracts"are attached and made a part of-this
contract. Additional attachments identified in this contract are attached and made
a part of this contract.
11. Totality of Contract: Separability
This contract contains the provisions, conditions, and promises agreed to
between the parties. If any part of this contract is held to be invalid or
unenforceable, the invalidity or unenforceability of such will not affect the
remainder of this contract. This contract will remain valid as if the invalid or
unenforceable part had not been contained.
12. Term and Effective Date
The term of this contract will be from April 1, 1993 to 12/31/03. This contract
will be effective upon approval and filing by the State Comptroller in accordance
with Section 1 12 of the State Finance Law.
13. Amendments
This contract including the attached Appendices and Attachments may only be
amended by a written instrument signed by both parties and approved by the State
Comptroller.
14. Authorized Representative for the Department
The Department's authorized representative for the implementation of this
contract and for approval and direction called for in this contract is the Director of
the Division of Solid & Hazardous Materials, or his designee. Whenever it is
provided in this contract that notice must be given or other communications sent to
the Department, the notices or communications will be delivered or sent to:
New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
625 Broadway-9" Floor
Albany, New York 12233-7250
Attention: Director, Division of Solid & Hazardous Materials
Page 9 of 12
15. Authorized Representative for the Municipality
The Municipality authorized representative for t e imp mentation of this
contract is: Jo hu Y, or
Name: u ervisor
Whenever it is provided in this contract that nole must be given or other
communications sent to the Municipality, the notices or communications will be
delivered or sent to:
Municipality: Town of Southold
53095 Main Road
Southold NY 11971
Attention: dean eeehmm os ua Orton
Supervisor
16. Affirmative Action
The Municipality is requested to comply with the intent of the Affirmative Action
provisions contained in Executive Law,Article 15-A and ECL Sections 52-0111
and 52-0113. The Municipality is requested to include language contained in
Appendix B, Clause VII in all contracts awarded for this project.
Page 10 of 12
LANDFILL CLOSURE PROGRAM STATE ASSISTANCE CONTRACT
SIGNATURE PAGE
Municipality: Town of Southold Contract No. C300886
IN WITNESS WHEREOF the parties have hereunto by their representatives
duly authorized to set their hands and seals the day and year appearing opposite
their respective signatures.
MUNICIPALITY SIGNATURE:
By the signature hereunder, the Municipality represents that it has the
legal status necessary to enter into this contract and that the person signing is
authorized to do so as evidenced by the resolution of its legislative body
attached hereto.
Authorized Representative joem Gashmm. Joshua Y. Horton
(Typed Name)
(Signature) Dated:
(Title) Su ervisor
MUNICIPALITY CERTIFICATION:
State of New York )
SS.:
County of Suffolk )
On this �(o+� Day of JU e_ 20
Joshua Y. Hgrton .
Before me personally came u ervisor ,
(List Name and Title)
of the Town of Southold
(List political subdivision or agency of the political subdivision)
The political subdivision or agency thereof described in and which executed
The above instrument: By Authority of ��tV1O�� rbceat'► OU'i
(Attached certified copy of order, resolution, or the ordinance authorizing
execution of this contract)of said political subdivision, and that(s)He signed
his/her name by that authority.
MELANIE DOROSKI
NOTARY PUBLIC,State of Now Yolk ( (
No.01D04634870
Oualifled in Suffolk Counry NOTARY PUBLIC
lOwm fission Expkes September 30,
Page 11 of 12
Municipality: Town of Southold Contract No. C300886
New York State Department of Environmental Conservation
Agency Certification: "In addition to the acceptance of this contract, I
also certify that the original signature pages will be attached to all other
exact copies of this contract."
AGENCY SIGNATURE: Dated:
Approved as to Form:
ATTORNEY GENERAL'S SIGNATURE:
Dated:
COMPTROLLER'S SIGNATURE:
Dated:
Page 12 of 12
Attachment No. 1
New York State Department of Environmental Conservation
New York State Environmental Conservation Law (ECL),Article 54,
Title 5, Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments
For Municipal Landfill Closure Projects
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, Revised December 14, 1994 and September 29, 1997)
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN
Facility Name: Southold Landfill
Facility ID#: 52517
Facility Location: County Road 48, Cutchogue, NY
County: Suffolk
Facility Owner: Town of Southold
Facility Operator:
Stage Begin Date End Date
Perform Closure
Investigation
Perform Closure
Investigation Report
(12/94)
Page 1 of 2
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Municipal Landfill Closure
Project Work Plan (cont'd)
STAGE BEGIN DATE END DATE
Prepare Closure Plan
Perform Vector
Remediation, if required
Construct Leachate
Collection System, if required
Construct Gas Venting Layer
and Gas Collection/Control
System 30/30/00 07/30/00
Construct Barrier Layer 03/30/00 07/30/00
Construct Barrier Protection
Layer 04/30/00 08/24/00
Construct Topsoil Layer 04/30/00 08/31/00
Establish Vegetative Cover 04/30/00 08/31/00
Prepare Construction
Certification Report 09/30/00 11/30/00
Page 2 of 2
Attachment No. 2
New York State Department of Environmental Conservation
New York State Environmental Conservation Law(ECL), Article 54,
Title 5, Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments
for Municipal Landfill Closure Projects
REIMBURSEMENT APPLICATION SCHEDULE
Milestone Completion Date
Contract Execution Date of Comptroller's
Signature
Installation of Barrier Layer 07/30/00
Submittal of Closure
Certification 11/30/00
•
Attachment No. 3
New York State Department of Environmental Conservation
New York State Environmental Conservation Law(ECL),Article 54,
Title 5, Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments
for Municipal Landfill Closure Projects
PROGRESS REPORT SCHEDULE
Milestone Completion Date
Contract Execution Date of Comptroller's
Signature
Installation of Barrier Layer 07/30/00
Submittal of Closure
Certification 11/30/00
0 •
APPENDIX A 5. NON-DISCRIMINATION REQUIREMENTS. In
STANDARD CLAUSES FOR ALL accordance with Article 15 of the Executive Law(also
NEW YORK STATE CONTRACTS known as the Human Rights Law) and all other State
and Federal statutory and constitutional non-
discrimination provisions, the Contractor will not
The parties to the attached contract, license, discriminate against any employee or applicant for
lease, amendment or other agreement of any kind employment because ofrace,creed,color,sex,national
(hereinafter, "the contract" or"this contract")agree to origin,age,disability or marital status. Furthermore,
be bound by the following clauses which are hereby in accordance with Section 220-e of the Labor Law,if
made a part of the contract (the word "Contractor" this is a contract for the construction, alteration or
herein refers to any party other than the State,whether repair of any public building or public work or for the
a contractor, licenser, licensee, lessor, lessee or any manufacture, sale or distribution of materials,
other party): equipment or supplies, and to the extent that this
contract shall be performed within the State of New
1. EXECUTORY CLAUSE. In accordance with York, Contractor agrees that neither it nor its
Section 41 of the State Finance Law, the State shall subcontractors shall, by reason of race, creed, color,
have no liability under this contract to the Contractor or disability, sex, or national origin: (a) discriminate in
to anyone else beyond funds appropriated and available hiring against any New York State citizen who is
for this contract. qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired
2. NON-ASSIGNMENT CLAUSE. In accordance for the performance of work under this contract. If this
with Section 138 of the State Finance Law, this is a building service contract as defined in Section 230
contract may not be assigned by the Contractor or its of the Labor Law,then,in accordance with Section 239
right, title or interest therein assigned, transferred thereof, Contractor agrees that neither it nor its
conveyed,sublet or otherwise disposed of without the subcontractors shall by reason of race, creed, color,
previous consent, in writing, of the State and any national origin,age,sex,or disability: (a)discriminate
attempts to assign the contract without the State's in hiring against any New York State citizen who is
written consent are null and void. The Contractor may, qualified and available to perform the work; or (b)
however,assign its right to receive payment without the discriminate against or intimidate any employee hired
State's prior written consent unless this contract for the performance of work under this contract.
concerns Certificates of Participation pursuant to Contractor is subject to fines of$50.00 per person per
Article 5-A of the State Finance law. day for any violation of Section 220-e or Section 239
as well as possible termination of this contract and
3. COMPTROLLER'S APPROVAL In accordance forfeiture of all moneys due hereunder for a second or
with Section 112 of the State Finance Law(or, if this subsequent violation.
contract is with the State University or City University
of New York, Section 355 or Section 6218 of the 6. WAGE AND HOURS PROVISIONS. If this is a
Education Law), if this contract exceeds $15,000 (or public work contract covered by Article 8 of the Labor
the minimum thresholds agreed to by the Office of the Law or a building service contract covered by Article
State Comptroller for certain S.U.N.Y. and C.U.N.Y. 9 thereof, neither Contractor's employees nor the
contracts),or if this is an amendment for any amount to employees of its subcontractors may be required or
a contract which,as so amended,exceeds said statutory permitted to work more than the number of hours or
amount,or if,by this contract,the State agrees to give days stated in said statutes, except as otherwise
something other than money when the value or provided in the Labor law and as set forth in prevailing
reasonably estimated value of such consideration wage and supplement schedules issued by the State
exceeds $15,000, it shall not be valid, effective or Labor Department. Furthermore, Contractor and its
binding upon the State until it has been approved by the subcontractors must pay at least the prevailing wage
State Comptroller and filed in his office. rate and pay or provide the prevailing supplements,
including the premium rates for overtime pay, as
4. WORKERS' COMPENSATION BENEFITS. In determined by the State Labor Department in
accordance with Section 142 of the State Finance Law, accordance with the Labor Law.
this contract shall be void and of no force and effect
unless the Contractor shall provide and maintain 7. NON-COLLUSIVE BIDDING REQUIREMENT.
coverage during the life of this contract for the benefit In accordance with Section 139-d of the State Finance
of such employees as are required to be covered by the Law, if this contract was awarded based upon the
provisions of the Workers'Compensation Law. submission ofbids,Contractor warrants,under penalty
of perjury,that its bid was arrived at independently and
without collusion aimed 11 stricting competition. normal bus*hours at an office of the Contractor
Contractor further warrants that,at the time Contractor within the State of New York or, if no such office is
submitted its bid,an authorized and responsible person available,at a mutually agreeable and reasonable venue
executed and delivered to the State a non-collusive within the State, for the term specified above for the
bidding certification on Contractor's behalf. purposes of inspection,auditing and copying.The State
shall take reasonable steps to protect from public
8. INTERNATIONAL BOYCOTT PROHIBITION. disclosure any of the Records which are exempt from
In accordance with Section 220-f of the Labor Law and disclosure under Section 87 of the Public Officers Law
Section 139-h of the State Finance Law,if this contract (the "Statute")provided that: (i)the Contractor shall
exceeds $5,000, the Contractor agrees, as a material timely inform an appropriate State official,in writing,
condition of the contract, that neither the Contractor that said records should not be disclosed;and(ii)said
nor any substantially owned or affiliated person,firm, records shall be sufficiently identified; and (iii)
partnership or corporation has participated, is designation of said records as exempt under the Statute
participating, or shall participate in an international is reasonable.Nothing contained herein shall diminish,
boycott in violation of the federal Export or in any way adversely affect, the State's right to
Administration Act of 1979 (50 USC App. Sections discovery in any pending or future litigation.
2401 et seq.) or regulations thereunder. If such
Contractor, or any of the aforesaid affiliates of 11. IDENTIFYING INFORMATION AND
Contractor,is convicted or is otherwise found to have PRIVACY NOTIFICATION. (a) FEDERAL
violated said laws or regulations upon the final EMPLOYER IDENTIFICATION NUMBER and/or
determination of the United States Commerce FEDERAL SOCIAL SECURITY NUMBER. All
Department or any other appropriate agency of the invoices or New York State standard vouchers
United States subsequent to the contractors execution, submitted for payment for the sale of goods or services
such contract,amendment or modification thereto shall or the lease of real or personal property to a New York
be rendered forfeit and void. The Contractor shall so State agency must include the payee's identification
notify the State Comptroller within five (5) business number, i.e., the seller's or lessor's identification
days of such conviction,determination or disposition of number. The number is either the payee's Federal
appeal(2NYCRR 105.4). employer identification number or Federal social
security number,or both such numbers when the payee
9. SET-OFF RIGHTS. The State shall have all of its has both such numbers.Failure to include this number
common law,equitable and statutory rights of set-off. or numbers may delay payment. Where the payee does
These rights shall include, but not be limited to, the not have such number or numbers, the payee, on its
State's option to withhold for the purposes of set-off invoice orNew York State standard voucher,must give
any moneys due to the Contractor under this contract the reason or reasons why the payee does not have such
up to any amounts due and owing to the State with number or numbers.
regard to this contract, any other contract with any
State department or agency,including any contract for (B) PRIVACY NOTIFICATION. (1)The authority to
a term commencing prior to the term of this contract, request the above personal information from a seller of
plus any amounts due and owing to the State for any goods or services or a lessor of real or personal
other reason including, without limitation, tax property, and the authority to maintain such
delinquencies,fee delinquencies or monetary penalties information, is found in Section 5 of the State Tax
relative thereto. The State shall exercise its set-off Law. Disclosure of this information by the seller or
rights in accordance with normal State practices lessor to the State is mandatory. The principal purpose
including,in cases of set-off pursuant to an audit,the for which the information is collected is to enable the
finalization of such audit by the State agency, its State to identify individuals,businesses and others who
representatives,or the State Comptroller. have been delinquent in filing tax returns or may have
understated their tax liabilities and to generally identify
10. RECORDS. The Contractor shall establish and persons affected by the taxes administered by the
maintain complete and accurate books, records, Commissioner of Taxation and Finance. The
documents, accounts and other evidence directly information will be used for tax administration purpose
pertinent to performance under this contract and for any other purpose authorized by law.
(hereinafter,collectively,"the Records"). The Records
must be kept for the balance of the calendar year in (2) The personal information is requested by the
which they were made and for six(6)additional years purchasing unit of the agency contracting to purchase
thereafter.The State Comptroller,the Attorney General the goods or services or lease "the real or personal
and any other person or entity authorized to conduct an property covered by this contract or lease. The
examination,as well as the agency or agencies involved information is maintained in New York State's Central
in this contract,shall have access to the Records during Accounting System by the Director of Accounting
Operations,Office of the State Covoller,AESOB, renovation, planning0design of real property and
Albany,New York 12236. improvements thereon (the Work) except where the
Work is for the beneficial use of the Contractor.
12. EQUAL EMPLOYMENT OPPORTUNITIES Section 312 does not apply to: (i) work, goods or
FOR MINORITIES AND WOMEN. In accordance services unrelated to this contract;or(ii)employment
with Section 312 of the Executive law,if this contract outside New York State; or (iii) banking services,
is: (i) a written agreement or purchase order insurance policies or the sale of securities. The State
instrument,providing for a total expenditure in excess shall consider compliance by a contractor or
of $25,000.00, whereby a contracting agency is subcontractor with the requirements of any federal law
committed to expend or does expend funds in return for concerning equal employment opportunity which
labor,services, supplies, equipment, materials or any effectuates the purpose of this section. The contracting
combination of the foregoing,to be performed for,or agency shall determine whether the imposition of the
rendered or furnished to the contracting agency;or(ii) requirements of the provisions hereof duplicate or
a written agreement in excess of$100,000.00 whereby conflict with any such federal law and if such
a contracting agency is committed to expend or does duplication or conflict exists, the contracting agency
expend funds for the acquisition, construction, shall waive the applicability of Section 312 to the
demolition,replacement,major repair or renovation of extent of such duplication or conflict. Contractor will
real property and improvements thereon; or (iii) a comply with all duly promulgated and lawful rules and
written agreement in excess of$100,000.00 whereby regulations of the Division of Minority and Women's
the owner of a State assisted housing project is Business Development pertaining hereto.
committed to expend or does expend funds for the
acquisition, construction, demolition, replacement, 13. CONFLICTING TERMS. In the event of a
major repair or renovation of real property and conflict between the terms of the contract{including
improvements thereon for such project,then: (a) The any and all attachments thereto and amendments
Contractor will not discriminate against employees or thereof)and the
applicants for employment because of race, creed, terms of this Appendix A,the terms of this Appendix
color, national origin, sex, age, disability or marital A shall control.
status, and will undertake or continue existing
programs of affirmative action to ensure that minority 14. GOVERNING LAW. This contract shall be
group members and women are afforded equal governed by the laws of the State of New York except
employment opportunities without discrimination. where the Federal supremacy clause requires otherwise.
Affirmative action shall mean recruitment,
employment,job assignment,promotion, upgradings, 15. LATE PAYMENT. Timeliness of payment and
demotion,transfer,layoff, or termination and rates of any interest to be paid to Contractor for late payment
pay or other forms of compensation; shall be governed by Article XI-A of the State Finance
Law to the extent required by law.
(b) at the request of the contracting agency, the
Contractor shall request each employment agency, 16. NO ARBITRATION. Disputes involving this
labor union, or authorized representative of workers contract,including the breach or alleged breach thereof,
with which it has a collective bargaining or other may not be submitted to binding arbitration (except
agreement or understanding, to furnish a written where statutorily authorized), but must, instead, be
statement that such employment agency,labor union or heard in a court of competent jurisdiction of the State
representative will not discriminate on the basis ofrace, of New York.
creed, color, national origin, sex, age, disability or
marital status and that such union or representative will 17. SERVICE OF PROCESS. In addition to the
affirmatively cooperate in the implementation of the methods of service allowed by the State Civil Practice
contractor's obligations herein;and Law&Rules("CPLR"),Contractor hereby consents to
service of process upon it by registered or certified
(c) the Contractor shall state, in all solicitations or mail,return receipt requested. Service hereunder shall
advertisements for employees,that,in the performance be complete upon Contractor's actual receipt ofprocess
of the State contract, all qualified applicants will be or upon the State's receipt of the return thereof by the
afforded equal employment opportunities without United States Postal Service as refused or
discrimination because of race, creed, color,national undeliverable. Contractor must promptly notify the
origin,sex,age,disability or marital status. State,in writing,of each and every change of address
to which service of process can be made.Service by the
Contractor will include the provisions of"a, "b",and State to the last known address shall be sufficient.
"c"above,in every subcontract over$25,000.00 for the Contractor will have thirty (30) calendar days after
construction, demolition, replacement, major repair, service hereunder is complete in which to respond.
• A directory`l certified minority and women-owned
18. PROHIBITION ON PURCHASE OF TROPICAL business enterprises is available from:
HARDWOODS. The Contractor certifies and warrants
that all wood products to be used under this contract Department of Economic Development
award will be in accordance with,but not limited to,the Minority and Women's Business Development
specifications and provisions of State Finance Law Division
§165. (Use of Tropical Hardwoods) which prohibits 30 South Pearl Street
purchase and use of tropical hardwoods, unless Albany,New York 12245
specifically exempted, by the State or any htta://www.emi)ire.state.nLus
governmental agency or political subdivision or public
benefit corporation. Qualification for an exemption The Omnibus Procurement Act of 1992 requires that by
under this law will be the responsibility of the signing this bid proposal or contract, as applicable,
contractor to establish to meet with the approval of the Contractors certify that whenever the total bid amount
State. is greater than$1 million:
In addition,when any portion of this contract involving (a) The Contractor has made reasonable efforts to
the use of woods,whether supply or installation,is to encourage the participation of New York State
be performed by any subcontractor, the prime Business Enterprises as suppliers and subcontractors,
Contractor will indicate and certify in the submitted bid including certified minority and women-owned
proposal that the subcontractor has been informed and business enterprises, on this project, and has retained
is in compliance with specifications and provisions the documentation of these efforts to be provided upon
regarding use of tropical hardwoods as detailed in§165 request to the State;
State Finance Law. Any such use must meet with the
approval of the State, otherwise, the bid may not be (b) The Contractor has complied with the Federal
considered responsive. Under bidder certifications, Equal Opportunity Act of 1972 (P.L. 92-261), as
proof of qualification for exemption will be the amended;
responsibility of the Contractor to meet with the
approval of the State. (c) The Contractor agrees to make reasonable efforts
to provide notification to New York State residents of
19. MACBRIDE FAIR EMPLOYMENT employment opportunities on this project through
PRINCIPLES. In accordance with the MacBride Fair listing any such positions with the Job Service Division
Employment Principles (Chapter 807 of the Laws of of the New York State Department of Labor, or
1992), the Contractor hereby stipulates that the providing such notification in such manner as is
Contractor either (a) has no business operations in consistent with existing collective bargaining contracts
Northern Ireland,or(b)shall take lawful steps in good or agreements. The Contractor agrees to document
faith to conduct any business operations in Northern these efforts and to provide said documentation to the
Ireland in accordance with the MacBride Fair State upon request;and
Employment Principles(as described in Section 165 of
the New York State Finance Law), and shall permit (d) The Contractor acknowledges notice that the State
independent monitoring of compliance with such may seek to obtain offset credits from foreign countries
principles. as a result of this contract and agrees to cooperate with
the State in these efforts.
20. OMNIBUS PROCUREMENT ACT OF 1992. It
is the policy of New York State to maximize 21. RECIPROCITY AND SANCTIONS
opportunities for the participation of New York State PROVISIONS.Bidders are hereby notified that if their
business enterprises, including minority and women- principal place of business is located in a state that
owned business enterprises as bidders,subcontractors penalizes New York State vendors,and if the goods or
and suppliers on its procurement contracts. services they offer will be substantially produced or
performed outside New York State, the Omnibus
Information on the availability of New York State Procurement Act 1994 amendments (Chapter 684,
subcontractors and suppliers is available from: Laws of 1994) require that they be denied contracts
which they would otherwise obtain. Contact the
Department of Economic Development Department of Economic Development, Division for
Division for Small Business Small Business, 30 South Pearl Street; Albany New
30 South Pearl Street York 12245, for a current list of states subject to this
Albany,New York 12245 provision.
Tel. 518-292-5220
Revised August 2000
0
APPENDIX B
Standard Clauses for All New York State Department
of Environmental Conservation Contracts
The parties to the attached contract,license,lease, (a)Organizational Conflict of Interest. To the best of
grant, amendment or other agreement of any kind the Contractor's knowledge and belief,the Contractor
(hereinafter"the contract" or"this contract")agree to warrants that there are no relevant facts or
be bound by the following clauses which are hereby circumstances which could give rise to an
made a part of the contract. The word"Contractor" organizational conflict of interest,as herein defined,or
herein refers to any party to the contract,other than the that the Contractor has disclosed all such relevant
New York State Department of Environmental information to the Department.
Conservation(hereinafter"Department").
(1) An organizational conflict of interest exists when
I. Postponement,suspension,abandonment or the nature of the work to be performed under this
termination by the Department. The Department contract may,without some restriction on future
shall have the right to postpone,suspend,abandon or activities,impair or appear to impair the Contractor's
terminate this contract,and such actions shall in no objectivity in performing the work for the Department.
event be deemed a breach of contract. In the event of
any termination,postponement,delay,suspension or (2) The Contractor agrees that if an actual,or potential
abandonment,the Contractor shall immediately stop organizational conflict of interest is discovered at any
work,take steps to incur no additional obligations,and time after award,whether before or during
to limit further expenditures. Within 15 days of receipt performance,the Contractor will immediately make a
of notice,the Contractor shall deliver to the Department full disclosure in writing to the Department. This
all data,reports,plans,or other documentation related disclosure shall include a description of actions which
to the performance of this contract,including but not the Contractor has taken or proposes to take,after
limited to source codes and specifications,guarantees, consultation with the Department,to avoid,mitigate,or
warranties,as-built plans and shop drawings. In any of minimize the actual or potential conflict.
these events,the Department shall make settlement with
the Contractor upon an equitable basis as determined by (3) To the extent that the work under this contract
the Department which shall fix the value of the work requires access to personal,proprietary or confidential
which was performed by the Contractor prior to the business or financial data of persons or other
postponement,suspension,abandonment or termination companies,and as long as such data remains
of this contract. This clause shall not apply to this proprietary or confidential,the Contractor shall protect
contract if the contract contains other provisions such data from unauthorized use and disclosure and
applicable to postponement,suspension or termination agrees not to use it to compete with such companies.
of the contract.
(b) Personal Conflict of Interest. The following
II. Indemnification and Holdharmless. The provisions with regard to management or professional
Contractor agrees that it will indemnify and save level employee personnel performing under this
harmless the Department and the State of New York contract shall apply until the earlier of the termination
from and against all losses from claims,demands, date of the affected employee(s)or the duration of the
payments,suits,actions,recoveries and judgments of contract.
every nature and description brought or recovered
against it by reason of any omission or tortious act of (1) A personal conflict of interest is defined as a
the Contractor,its agents,employees,suppliers or relationship of an employee,subcontractor employee,
subcontractors in the performance of this contract. The or consultant with an entity that may impair or appear
Department and the State of New York may retain such to impair the objectivity of the employee,subcontractor
monies from the amount due Contractor as may be employee,or consultant in performing the contract
necessary to satisfy any claim for damages,costs and work. The Contractor agrees to notify the Department
the like,which is asserted against the Department immediately of any actual,or potential personal
and/or the State of New York. conflict of interest with regard to any such person
working on or having access to information regarding
III. Conflict of Interest this contract,as soon as Contractor becomes aware of
App. B 4/17/00 Page 1
0
such conflict.The Department will notify the (c) Remedies. The Department may terminate this
Contractor of the appropriate action to be taken. contract in whole or in part,if it deems such
termination necessary to avoid an organizational or
(2) The Contractor agrees to advise all management or personal conflict of interest,or an unauthorized
professional level employees involved in the work of disclosure of information. If the Contractor fails to
this contract,that they must report any personal make required disclosures or misrepresents relevant
conflicts of interest to the Contractor.The Contractor information to the Department,the Department may
must then advise the Department which will advise the terminate the contract,or pursue such other remedies
Contractor of the appropriate action to be taken. as may be permitted by the terms of Clause I of this
Appendix or other applicable provisions of this
(3) Unless waived by the Department, the Contractor contract regarding termination.
shall certify annually that,to the best of the
Contractor's knowledge and belief,all actual,apparent (d) The Contractor will be ineligible to make a
or potential conflicts of interest,both personal and proposal or bid on a contract for which the Contractor
organizational,as defined herein, have been reported has developed the statement of work or the solicitation
to the Department. Such certification must be signed package
by a senior executive of the Contractor and submitted
in accordance with instructions provided by the (e) The Contractor agrees to insert in each subcontract
Department. Along with the annual certification,the or consultant agreement placed hereunder(except for
Contractor shall also submit an update of any changes subcontracts or consultant agreements for well drilling,
in any conflict of interest plan submitted with its fence erecting,plumbing,utility hookups,security
proposal for this contract. The initial certification shall guard services,or electrical services)provisions which
cover the one-year period from the date of contract shall conform substantially to the language of this
award,and all subsequent certifications shall cover clause,including this paragraph(e),unless otherwise
successive annual periods thereafter. The certification authorized by the Department.
is to be submitted no later than 45 days after the close
of the previous certification period covered. If this is a contract for work related to action at an
inactive hazardous waste site,the following
(4) In performing this contract,the Contractor paragraph shall apply to those Contractors whose
recognizes that its employees may have access to data, work requires the application of professional
either provided by the Department or first generated judgment:It does not apply to construction
during contract performance,of a sensitive nature contracts.
which should not be released without Department
approval. If this situation occurs,the Contractor agrees (f) Due to the scope and nature of this contract,the
to obtain confidentiality agreements from all affected Contractor shall observe the following restrictions on
employees working on requirements under this contract future hazardous waste site contracting for the duration
including subcontractors and consultants. Such of the contract.
agreements shall contain provisions which stipulate that
each employee agrees not to disclose,either in whole or (1) The Contractor,during the life of the work
in part,to any entity external to the Department, assignment and for a period of three(3)years after the
Department of Health or the New York State completion of the work assignment,agrees not to enter
Department of Law,any information or data provided into a contract with or to represent any party with
by the Department or first generated by the Contractor respect to any work relating to remedial activities or
under this contract,any site-specific cost information, work pertaining to a site where the Contractor
or any enforcement strategy without first obtaining the previously performed work for the Department under
written permission of the Department. If a Contractor, this contract without the prior written approval of the
through an employee or otherwise,is subpoenaed to Department.
testify or produce documents,which could result in
such disclosure,the Contractor must provide immediate (2) The Contractor agrees in advance that if any
advance notification to the Department so that the bids/proposals are submitted for any work for a third
Department can authorize such disclosure or have the party that would require written approval of the
opportunity to take action to prevent such disclosure. Department prior to entering into a contract because of
Such agreements shall be effective for the life of the the restrictions of this clause,then the bids/proposals
contract and for a period of five(5)years after are submitted at the Contractor's own risk,and no
completion of the contract. claim shall be made against the Department to recover
App. B 4/17/00 Page 2
0
bid/proposal costs as a direct cost whether the request (c) The affirmative action provisions and equal
for authorization to enter into the contract is denied or employment opportunity provisions contained in this
approved. paragraph and paragraphs(d)and(e) of this clause
shall be applicable within the limitations established by
IV. Requests for Payment. All requests for payment Executive Law§§312 and 313 and the applicable
by the Contractor must be submitted on forms supplied regulations.
and approved by the Department. Each payment
request must contain such items of information and (1)The Contractor is required to make good faith
supporting documentation as are required by the efforts to subcontract at least 6%of the dollar value of
Department,and shall be all-inclusive for the period of this contract to Minority Owned Business Enterprises
time covered by the payment request. (MBEs)and at least 6%of such value to Women
Owned Business Enterprises(WBEs).
V. Compliance with Federal requirements. To the
extent that Federal funds are provided to the Contractor (2)The Contractor is required to make good faith
or used in paying the Contractor under this contract,the efforts to employ or contractually require any
Contractor agrees that it will comply with all applicable Subcontractor with whom it contracts to make good
Federal laws and regulations,including but not limited faith efforts to employ minority group members for at
to those laws and regulations under which the Federal least 10%of,and women for at least 10%of,the
funds were authorized. The Contractor further agrees workforce hours required to perform the work under
to insert in any subcontract hereunder,provisions this contract.
which shall conform substantially to the language of
this clause. (3)The Contractor is required to make good faith
efforts to solicit the meaningful participation by
VI. Independent Contractor. The Contractor shall enterprises identified in the NYS Directory of Certified
have the status of an independent contractor. Businesses provided by:
Accordingly,the Contractor agrees that it will conduct
itself in a manner consistent with such status,and that it Empire State Development Corp.
will neither hold itself out as,nor claim to be,an officer Div.Minority&Women's Business Development
or employee of the Department by reason of this 30 South Pearl Street
contract. It further agrees that it will not make any Albany,New York 12245
claim,demand or application to the Department for any Phone: (518)292-5250
right or privilege applicable to an officer or employee Fax: (518)292-5803
of the Department,including but not limited to worker's and
compensation coverage,unemployment insurance Empire State Development Corp.
benefits,social security coverage,or retirement 633 Third Avenue
membership or credit. New York,NY 10017
Phone: (212)803-2414
VII. Article 15-A Requirements. The terms Fax: (212)803-3223
contained in this clause shall have the definitions as internet:www.empire.state.ny.us\esd.htm
given in,and shall be construed according to the intent _
of Article 15-A of the Executive Law,5 NYCRR (d)The Contractor agrees to include the provisions set
Part 140,et.seq.,Article 52 of the Environmental forth in paragraphs(a),(b)and(c)above and
Conservation Law and 6 NYCRR Part 615,et. seq.,as paragraphs(a),(b),and(c)of clause 12 of Appendix A
applicable,and any goals established by this clause are in every subcontract in such a manner that the
subject to the intent of such laws and regulations. provisions will be binding upon each Subcontractor as
to work under such subcontract. For the purpose of
(a) If the maximum contract price herein equals or this paragraph,a"subcontract"shall mean an
exceeds$25,000,and this contract is for labor, agreement providing for a total expenditure in excess
services,supplies,equipment,or materials;or of$25,000 for the construction,demolition,
replacement,major repair,renovation,planning or
(b) If the maximum contract price herein equals or design of real property and improvements thereon in
exceeds$100,000 and this contract is for the which a portion of the Contractor's obligation under a
acquisition,construction,demolition,replacement, State contract is undertaken or assumed.
major repair or renovation of real property and
improvements thereon;then (e)The Contractor is required to make good faith
App. B 4/17/00 Page 3
efforts to utilize the MBE/WBEs identified in the (1) Remand the matter to the program staff for further
utilization plan to the extent indicated in such plan,and negotiation or information if it is determined that the
otherwise to implement it according to its terms. The matter is not ripe for review;or
Contractor is requested to report on such
implementation periodically as provided by the (2) Determine that there is no need for further action,
contract,or annually,whichever is more frequent. and that the determination of the designated individual
is confirmed;or
VIII.Compliance with applicable laws
(3) Make a determination on the record as it exists.
(a) Prior to the commencement of any work under this
contract,the Contractor is required to meet all legal (c) The decision of the DAI shall be the final agency
requirements necessary in the performance of the decision unless the Contractor files a written appeal of
contract. This includes but is not limited to compliance that decision with the Chair of the Contract Review
with all applicable Federal,state and local laws and Committee("CRC")within twenty days of receipt of
regulations promulgated thereunder. It is the that decision.The designated individual to hear
Contractor's responsibility to obtain any necessary disputes is:
permits,or other authorizations. By signing this
contract,the Contractor affirmatively represents that it Mr.David A.Blackman,Director
has complied with said laws,unless it advises the Bureau of Program Management
Department otherwise,in writing. The Department Division of Solid&Hazardous Materials
signs this contract in reliance upon this representation. 625 Broadway-9`h Floor,Albany,NY 12233-7250
(518)402-8711
(b) During the term of this contract,and any extensions
thereof,the Contractor must remain in compliance with The designated appeal individual to review decisions
said laws. A failure to notify the Department of is:
noncompliance of which the Contractor was or should
have been aware,may be considered a material breach Mr.David O'Toole,Assistant Director
of this contract. Division of Solid&Hazardous Materials
625 Broadway-9'Floor,Albany,NY 12233-7250
IX. Dispute Resolution. The parties agree to the (518)402-8652
following steps,or as many as are necessary to resolve
disputes between the Department and the Contractor. The Chair of the Contract Review Committee is:
(a) The Contractor specifically agrees to submit,in the Department of Environmental Conservation
first instance,any dispute relating to this contract to the Richard K.Randles,Chair
designated individual,who shall render a written Contract Review Committee
decision and furnish a copy thereof to the Contractor. 625 Broadway- 10'Floor
Albany,NY 12233-5010
(1) The Contractor must request such decision in Telephone:(518)402-9237
writing no more than fifteen days after it knew or
should have known of the facts which are the basis of (d) Upon receipt of the written appeal,the Chair of
the dispute. the CRC,in consultation with the members of the CRC
and the Office of General Counsel,will take one of the
(2) The decision of the designated individual shall be following actions,or a combination thereof, with
the final agency determination,unless the Contractor written notice to the Contractor.
files a written appeal of that decision with the
designated appeal individual("DAI") within twenty (1) Remand the matter to program staff for additional
days of receipt of that decision. fact fmding,negotiation,or other appropriate action;or
(b) Upon receipt of the written appeal,the DAI,will (2) Adopt the decision of the DAI;or
review the record and decision.Following divisional
procedures in effect at that time,the DAI will take one (3) Consider the matter for review by the CRC in
of the following actions,with written notice to the accordance with its procedures.
Contractor.
(e) Following a decision to proceed pursuant to(d)
App. B 4/17/00 Page 4
3,above,the Chair of the CRC shall convene a project is a public work project on which each worker
proceeding in accordance with the CRC's established is entitled to receive the prevailing wages and
contract dispute resolution guidelines. The proceeding supplements for their occupation,and all other notices
will provide the Contractor with an opportunity to be which the Department directs the Contractor to post.
heard. The Contractor shall provide a surface for such notices
which is satisfactory to the Department. The
(f) Following a decision pursuant to(d)2 or(d)3,the Contractor shall maintain such notices in a legible
CRC shall make a written recommendation to the manner and shall replace any notice or schedule which
Assistant Commissioner for Administration who shall is damaged,defaced,illegible or removed for any
render the final agency determination. reason. Contractor shall post such notices before
commencing any work on the site and shall maintain
(g) At any time during the dispute resolution process, such notices until all work on the site is complete.
and upon mutual agreement of the parties,the Office of
Hearings and Mediation Services(OHMS)may be (b) When appropriate,contractor shall distribute to
requested to provide mediation services or other each worker for this Contract a notice,in a form
appropriate means to assist in resolving the dispute. provided by the Department,that this project is a
Any findings or recommendations made by the OHMS public work project on which each worker is entitled to
will not be binding on either party. receive the prevailing wage and supplements for the
occupation at which he or she is working. Worker
(h)Final agency determinations shall be subject to includes employees of Contractor and all
review only pursuant to Article 78 of the Civil Practice Subcontractors and all employees of suppliers entering
Law and Rules. the site. Such notice shall be distributed to each
worker before they start performing any work of this
(i) Pending final determination of a dispute hereunder, contract. At the time of distribution,Contractor shall
the Contractor shall proceed diligently with the have each worker sign a statement,in a form provided
performance of the Contract in accordance with the by the Department,certifying that the worker has
decision of the designated individual. Nothing in this received the notice required by this section,which
Contract shall be construed as making final the decision signed statement shall be maintained with the payroll
of any administrative officer upon a question of law. records required by the following paragraph(c).
0)(1) Notwithstanding the foregoing,at the option of (c) Contractor shall maintain on the site the original
the Contractor,the following shall be subject to review certified payrolls or certified transcripts thereof which
by the CRC: Disputes arising under Article 15-A of the Contractor and all of its Subcontractors are required to
Executive Law(Minority and Women Owned Business maintain pursuant to the New York Labor Law Section
participation),the Department's determination with 220. Contractor shall maintain with the payrolls or
respect to the adequacy of the Contractor's Utilization transcripts thereof,the statements signed by each
Plan,or the Contractor's showing of good faith efforts worker pursuant to paragraph(b).
to comply therewith. A request for a review before the
CRC should be made,in writing,within twenty days of (d) Within thirty days of issuance of the first payroll,
receipt of the Department's determination. and every thirty days thereafter,the Contractor and
every subcontractor must submit a transcript of the
(2) The CRC will promptly convene a review in original payroll to the Department,which transcript
accordance with Article 15-A of the Executive Law and must be subscribed and affirmed as true under penalty
the regulations promulgated thereunder. of perjury.
X. Labor Law Provisions M. Offset. In accordance with State Law,the
Department has the authority to administratively offset
(a) When applicable,the Contractor shall post,in a any monies due it from the Contractor,from payments
location designated by the Department,a copy of the due to the Contractor under this contract.The
New York State Department of Labor schedules of Department may also(a)assess interest or late payment
prevailing wages and supplements for this project,a charges,and collection fees,if applicable;
copy of all re-determinations of such schedules for the (b)charge a fee for any dishonored check;(c)refuse to
project,the Workers'Compensation Law Section 51 renew certain licenses and permits.
notice,all other notices required by law to be posted at
the site,the Department of Labor notice that this XII. Tax Exemption. Pursuant to Tax Law Section
App. 9 4/17/00 Page 5
1116,the State is exempt from sales and use taxes. A (3)all available information,assistance and authority
standard state voucher is sufficient evidence thereof necessary to the action,at the Contractor's sole
For Federal excise taxes,New York's registration expense.
Number 14740026K covers tax-free transactions under
the Internal Revenue Code. The Contractor shall control the defense of any such
suit,including appeals,and all negotiations to effect
XIII. Litigation Support. In the event that the settlement,but shall keep the Department fully
Department becomes involved in litigation related to informed concerning the progress of the litigation.
the subject matter of this contract,the Contractor agrees
to provide background support and other litigation (b)If the use of any item(s)or parts thereof is held to
support,including but not limited to depositions, infringe a patent or copyright and its use is enjoined,or
appearances,and testimony.Compensation will be Contractor believes it will be enjoined,the Contractor
negotiated and based on rates established in the shall have the right,at its election and expense to take
contract,or as may otherwise be provided in the action in the following order of precedence:
contract.
(1) procure for the Department the right to continue
XIV. Equipment. Any equipment purchased with using the same item or parts thereof;
funds provided under this contract,shall remain the
property of the Department,unless otherwise provided (2)modify the same so that it becomes non-infringing
in the contract.The Contractor shall be liable for all and of at least the same quality and performance;
costs for maintaining the property in good,usable
condition. It shall be returned to the Department upon (3)replace the item(s)or parts thereof with
completion of the contract,in such condition,unless the noninfringing items of at least the same quality and
Department elects to sell the equipment to the performance;
Contractor,upon mutually agreeable terms.
(4)if none of the above remedies are available,
XV. Inventions or Discoveries. Any invention or discontinue its use and eliminate any future charges or
discovery first made in performance of this Contract royalties pertaining thereto. The Contractor will buy
shall be the property of the Department,unless back the infringing product(s)at the State's book
otherwise provided in the contract.The Contractor value,or in the event of a lease,the parties shall
agrees to provide the Department with any and all terminate the lease. If discontinuation or elimination
materials related to this property.At the Department's results in the Contractor not being able to perform the
option,the Contractor may be granted a non-exclusive Contract,the Contract shall be terminated.
license.
(c) In the event that an action at law or in equity is
XVI. Patent and Copyright Protection. If any commenced against the Department arising out of a
patented or copyrighted material is involved in or claim that the Department's use of any item or material
results from the performance of this Contract,this pursuant to or resulting from this Contract infringes
Article shall apply. any patent,copyright or proprietary right,and such
(a)The Contractor shall,at its expense,defend any suit action is forwarded by the Department to the
instituted against the Department and indemnify the Contractor for defense and indemnification pursuant to
Department against any award of damages and costs this Article,the Department shall copy all pleadings
made against the Department by a final judgment of a and documents forwarded to the Contractor together
court of last resort based on the claim that any of the with the forwarding correspondence and a copy of this
products,services or consumable supplies furnished by Contract to the Office of the Attorney General of the
the Contractor under this Contract infringes any patent, State of New York. If upon receipt of such request for
copyright or other proprietary right;provided the defense,or at any time thereafter,the Contractor is of
Department gives the Contractor: the opinion that the allegations in such action,in whole
or in part,are not covered by the indemnification set
(1)prompt written notice of any action,claim or threat forth in this Article,the Contractor shall immediately
of infringement suit,or other suit,and notify the Department and the Office of the Attorney
General of the State of New York in writing and shall
(2)the opportunity to take over,settle or defend such specify to what extent the Contractor believes it is and
action at the Contractor's sole expense,and is not obligated to defend and indemnify under the
terms and conditions of this Contract. The Contractor
App. B 4/17/00 Page 6
shall in such event protect the interests of the opportunity to identify material which may be
Department and State of New York and secure a protected from release and to support its position.
continuance to permit the State of New York to appear
and defend its interests in cooperation with Contractor XIX. Precedence. In the event of a conflict between
as is appropriate,including any jurisdictional defenses the terms of this Appendix B and the terms of the
which the Department and State shall have. Contract(including any and all attachments thereto and
amendments thereof,but not including Appendix A),
(d) The Contractor shall,however,have no liability to the terms of this Appendix B shall control. In the
the Department under this Article if any infringement is event of a conflict between the terms of this
based upon or arises out of: (1)compliance with Appendix B,and the terms of Appendix A,the terms
designs,plans,or specifications furnished by or on of Appendix A shall control.
behalf of the Department as to the items;(2)alterations
of the items by the Department;(3)failure of the
Department to use updated items provided by the
Contractor for avoiding infringement;(4)use of items
in combination with apparatus or devices not delivered
by the Contractor;(5)use of items in a manner for
which the same were neither designed nor
contemplated;or(6)a patent or copyright in which the
Department or any affiliate or subsidiary of the
Department has any direct or indirect interest by license
or otherwise.
(e) The foregoing states the Contractor's entire liability
for,or resulting from,patent or copyright infringement
or claim thereof.
XVII. Force Majeure. The term Force Majeure shall
include acts of God,work stoppages due to labor
disputes or strikes,fires,explosions,epidemics,riots,
war rebellion,sabotage or the like. If a failure of or
delay in performance by either party results from the
occurrence of a Force Majeure event,the delay shall be
excused and the time for performance extended by a
period equivalent to the time lost because of the Force
majeure event,if and to the extent that:
(a)The delay or failure was beyond the control of the
party affected and not due to its fault or negligence;and
(b)The delay or failure was not extended because of
the affected party's failure to use all reasonable
diligence to overcome the obstacle or to resume
performance immediately after such obstacle was
overcome;and
(c)The affected party provides notice within(5)days
of the onset of the event,that it is invoking the
protection of this provision.
XVIII. Freedom of Information Requests. The
Contractor agrees to provide the Department with any
records which must be released in order to comply with
a request pursuant to the Freedom of Information Law.
The Department will provide the contractor with an
App. B 4/17/00 Page 7
Y
Title 5, Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments
For Municipal Landfill Closure Projects
APPENDIX C
Documentation for Reimbursement Claims Made on State Aid Voucher
The Municipality must submit the following documentation to the Department in
support of reimbursement claims:
1) A summary showing one hundred percent(100%)of the costs claimed by major
category (e.g., salaries and wage supplies, equipment) should appear in the
Description of Charges section of the State Aid Vouchers;
2) For salaries and wages (personal services), schedule should be attached
showing the employees' names, titles, period covered, hours worked, rates and
amounts supporting the total shown on the State Aid Voucher;
3) For other than salaries and wages, schedules of source documents (voucher
and/or check number) should be attached showing the payees, brief description
of goods or services provided, and amount by category as shown on the State
Aid Voucher;
4) A copy of any sub-contracts into which the grantee entered under the project
must accompany the first claim which includes payments under the sub-
contract(s) in question. Copies of major change orders must be similarly
provided; and
5) Copies of grantee vouchers and/or canceled checks covering payments on
sub-contracts must be provided to support the amount of contractual services
included on the State Aid Vouchers.
6) The following sentence should be typed in the lower left corner of the
Description of Charges Section of the State Aid Vouchers:
The payee additionally certifies that the procurement of any goods and
services for which reimbursement is claimed was, to the extent applicable,
accomplished in accordance with the provisions of General Municipal Law
and in accordance with all other laws, rules and regulations governing
procurement by the payee.
• Y
�W14 foo
ELIZABETH A. NEVILLE G'y� Town Hall, 53095 Main Road
TOWN CLERKy - P.O. Box 1179
REGISTRAR,OF VITAL STATISTICS Southold, New York 11971
MARRIAGE OFFICER 1,i �� Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER -�/0,� �a� Telephone(631) 765-1800
FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 395 OF 2002
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JUNE 18, 2002:
WHEREAS the Town Board of the Town of Southold herein called the"Municipality"has
hereby determined that certain work, as described in the State assistance application and any
amendments thereof, herein called the"Project," is desirable and in public interest; and
WHEREAS, Title 5 of Article 54 and Title 4 of Article 56 of the Environmental Conservation
has authorized State assistance payments to municipalities for closure of municipal landfills by
means of a written agreement and the Municipality deems it to be in the public interest and
benefit under this law to apply therewith;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold
1. That Supervisor Horton is hereby authorized and directed as the official
representative to act in connection with any application between the
Municipality and the State, and to provide such additional information as may be
required;
2. That one (1) certified copy of this Resolution be prepared and sent to the
Director,Division of Solid & Hazardous Materials,New York State Department of
Environmental Conservation, 50 Wolf Road, Albany,New York 12233-7250,
together with the application; and
w
3. That this Resolution take effect immediately.
• f vamw�&
Elizabeth A. Neville
Southold Town Clerk
Contract No. C300886
New York State Department of Environmental Conservation
New York State Environmental Conservation Law (ECL), Article 54,
Title 5, Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments
For Municipal Landfill Closure Projects
This is a contract made under Article 54 of the Environmental
Conservation Law
BETWEEN
The New York State Department of Environmental Conservation
(Hereinafter referred to as the "Department")
with offices at 625 Broadway, 9'h Floor, Albany, NY 12233-7250
AND
The Town of Southold
(hereinafter referred to as the "Municipality")
with offices at 53095 Main Road, Southold, NY 11971
Page 1 of 12
{
•
WHEREAS, the State Legislature has determined that the existence
of inadequately closed landfills is a significant threat to New York
State's environment; and
WHEREAS, the Department is authorized by Article 54 of the New
York State Environmental Conservation Law to enter into contracts
on behalf of the State to provide State Assistance to Municipalities;
and
WHEREAS, the Municipality has applied for State Assistance for
their Municipal Landfill Closure Project; and
WHEREAS, the Municipality agrees to undertake all work and to
comply with all terms and conditions of this contract; and
WHEREAS, the Municipality has filed with the Department a duly
adopted resolution authorizing it to make an application and to enter
into and execute this contract for the purpose of receiving State
Assistance; and
WHEREAS, the Municipality represents that it has the legal status
necessary to enter into this contract and has authorized the person
signing this contract to do so, as evidenced by attached certified
resolution of the Municipality's governing body; and
WHEREAS, the Municipality agrees that it will fund its portion of the
cost of the Municipal Landfill Closure Project; and
WHEREAS, the Department's execution of this contract is made in
reliance upon the information provided by, and representations of,
the Municipality in its application papers and in this contract; and
WHEREAS, the Municipality has an obligation to close its landfill
under the permit condition, administrative order, or court order
creating the obligation; and
WHEREAS, the Municipality is compliant with and commits to
continue to comply with the requirements for State Assistance to
Municipalities established under Article 54 of the ECL and 6 NYCRR- -
Subpart 360-9;
NOW, THEREFORE,
Page 2 of 12
The Department and the Municipality agree as follows:
I. Definitions
A. Terms used in this contract have the same meaning as set forth in 6
NYCRR Part 360 and Article 54 of the ECL.
B. In addition, the following terms in this contract have the following
meanings:
(1) "Contractor" in Appendices A and B means the Municipality;
(11) "Parties" in Appendices A and B means the Department and the
Municipality;
(III) "Project" means the Municipal Landfill Closure Project of the
Municipality;
(IV) "Municipal Landfill Closure Project Work Plan" means a document
which provides a schedule of completion for the
(V) "Reimbursement Application Schedule" means a document which
provides a schedule for reimbursement applications (See Attachment
No. 2);
(VI) "State Assistance" means any money provided as a reimbursement
under Title 5 of Article 54 of the ECL;
(VII) "Eligible Costs" means the capital cost of a Municipal Landfill
Closure Project as defined in 6 NYCRR Section 360-9.6, eligible
and ineligible costs; and
(VIII) "Landfill Closure Site, "as defined by 6 NYCRR Part 360-9.2(8)(4) - - -
means the part of the disposal facility being closed under this
contract.
2. State Assistance
A. The Department agrees to reimburse one half(fifty percent)of the
Municipality's eligible costs for the Municipal Landfill Closure Project. The
Department's reimbursement to the Municipality under this contract,
however, must not exceed the sum of
Eight hundred sixty-seven thousand five hundred dollars and no cents
($867,500) Only those costs incurred during the term of this contract are
eligible reimbursement.
The Municipality is eligible to receive a maximum of$2 million for the
closure of the entire site, as defined by 6 NYCRR Part 360-1.2(8)(154),
regardless of whether or not the landfill is being closed in phases.
Page 3 of 12
0 !
B. The Municipality agrees to:
(1) complete the Project in accordance with plans and reports as
approved by the Department;
(II) Perform the closure work according to the attached schedule of
completion (See Attachment No, 1);
(III) File progress reports at the intervals stipulated in the attached
schedule (See Attachment No. 3);
(IV) Submit to the Department all Project changes which may substantially
alter the nature or scope of the Project and affect the Municipality's
ability to comply with all applicable laws and regulations; and
(V) Stop receiving solid waste at the landfill closure site within 18 months
following the approval date of the application for State Assistance.
C. State Assistance payments will be made to the Municipality in installments
as listed in the Reimbursement Application Schedule (See Attachment
No. 2),which is attached and is part of this contract. Reimbursement
claims must be made on a New York State Aid Voucher and must be
accompanied with adequate documentation as outlined in Appendix C.
The Department will retain ten percent(10%)of each payment made to
the Municipality. The retainage (10%) is to be paid to the Municipality
when the Department completes its final inspection and approves the
Project as complete.
D. If additional State Assistance monies become available for the closure of
the landfill and the Municipality does not have a contract for the full
amount for which it is legally entitled,then the Department may take
reasonable and appropriate action to amend the amount of State
Assistance payable under this contract to the Municipality.
E. If the Municipality fails to comply with the terms of this contract, or with any
applicable State and Federal laws and regulations, or
(1) Fails to complete the Project as planned;
(11) Fails to proceed with the Project as scheduled;
(III) Fails to file progress reports at the intervals stipulated in the attached
Schedule (See Attachment No. 3);
(IV) Changes the Project in any way that will substantially alter the nature
or scope of the Project; or,
(V) Transfers the ownership of the landfill or any portion of the landfill
without advance written approval from the Department;
Then the Department will notify the Municipality of such failure.
Page 4 of 12
The Department will put the reasons for the failure determination in writing and
will allow the Municipality a period of time(to be determined by the Department
and stated in the letter of failure determination)to correct the failure. The
Department will withhold all future State Assistance payments under this
contract until the failure has been corrected to the satisfaction of the
Department.
If the failure is not corrected within the time period established by the
Department, then the Department will notify the Municipality that it is in breach
of contract. If the Municipality is in breach of contract,then the Municipality
agrees to immediately repay to the Department any State Assistance monies
received by the Municipality under this contract, plus appropriate interest, as
provided by law. If the Municipality fails to repay the State Assistance within
365 days of notification, the Municipality agrees that the Department may take
any lawful measures relating to the recovery of unrepaid State Assistance
including, but not limited to, the deduction of monies from other State financial
aid to the Municipality.
3. Municipal Cost Recovery from Other Sources
A. The Municipality agrees to take all reasonable steps to recover its Project
costs from other sources and to assist in its effort to recover the State's
Project costs from other sources.
B. At the Department's request, the Municipality must provide the Department
with documentation of the steps taken under subparagraph A above.
C. The estimated eligible cost of the Project, upon which State Assistance is
calculated, must not include any costs which are paid or committed to the
Municipality for the Municipal Landfill Closure Project from other sources.
Other sources of assistance may include, but are not limited to, Federal
grants, grants from municipal or development authorities and/or from - - - - - - — -
private sources. In addition, all revenue received for alternate grading
material is considered assistance and must be used to offset the total
eligible cost of the Project. Alternate grading material is defined as
material, other than uncontaminated soil, that is received by the landfill,
after the landfill has ceased accepting waste,for the purpose of achieving
closure grades.
D. The Municipality must provide the Department with timely notice of any
costs paid or committed to the Municipality for the Municipal Landfill
Closure Project from other sources.
E. If there are any payments made or committed to the Municipality for the
Municipal Landfill Closure Project from other sources which were not
included in the calculation of State Assistance, then the amount of State
Assistance will be recalculated accordingly and the Municipality must
repay to the State the amount by which the State payment exceeds the
recalculated State Assistance.
Page 5 of 12
• 0
If the Municipality fails to repay the State Assistance within 365 days of
notification, the Municipality agrees that the Department may take any lawful
measure relating to the recovery of unrepaid State Assistance including, but not
limited to, the deduction of monies from other State financial aid to the
Municipality.
4. Project Insurance
A. The Municipality agrees that it will require each Project consultant, Project
contractor and Project subcontractor to secure and deliver to the
Municipality appropriate policies of insurance issued by an insurance
company licensed to do business in the State. These policies must name
the Municipality as an additional insured, with appropriate limits, covering
contractor's public liability and property damage insurance, contractor's
contingency liability insurance "all-risk"insurance and worker's
compensation for the Project. The Municipality will require that copies of
the applicable insurance policies be made available to the Department for
review upon request.
B. The Municipality must require each Project construction contractor and
Project subcontractor to provide specific performance and payment bonds
each in amounts not less than the contractor's or subcoptractor's contract
price. These bonds must remain in effect for one year beyond the date of
final inspection and acceptance by the Municipality of any work under such
contract. The Municipality must participate in the Flood Insurance
Program if any permanent construction is located in a flood hazard area
delineated by the Federal Department of Housing and Urban
Development.
5. Proiect Management
A. The Municipality agrees that it will complete the Project in accordance with
the Municipal Landfill Closure Project Work Plan (See Attachment No. 1),
plans and specifications, and any amendments approved by the
Department or approved by a court having the appropriate jurisdiction.
B. The Municipality agrees to develop and submit to the Department an
approvable Project Management Plan by N/A
The Project Management Plan will describe the Municipality's Project
management structure, personnel qualifications, procedures for field oversight and
the specific recordkeeping, cost accounting and cost control responsibilities and
procedures used to:
(1) Identify all eligible and ineligible costs and segregate each category of
costs in separate accounts; and to
(II) maintain adequate accounting and fiscal records which show the
receipt and expenditure of all monies for the Project. These records
must be made available for audit by the Department and/or the State
Comptroller for a period of six years after the final payment for this
Project.
Page 6 of 12
The Project Management Plan must be approved by the Department before
any State Assistance payments are made to the Municipality.
C. The Municipality will permit the Department to participate in all its
meetings and conferences with respect to the Project. Upon request from
the Department, the Municipality must submit to the Department reports,
documents, data, contractual documents, administrative records and other
information pertinent to the Project.
D. The Municipality must get written Department approval to use the
Municipality's employees to perform construction, engineering, legal or
other Project-related activities. The Department will approve these
proposals if the Municipality can demonstrate that the Municipality's
employees possess the necessary competence to perform the work in
question and that the work can be more economically performed and done
on a timely basis by the use of the Municipality's employees. The cost of
any work performed by the Municipality's employees which does not
receive written Department approval will be ineligible for reimbursement. If
written Department approval is given to use the Municipality's employees
for a specified task or activity, the Municipality must maintain such records
as the Department will require to document these costs.
E. The Municipality must at all times provide and maintain competent and
adequate resident supervision and inspection under the direction of a
professional engineer licensed by the State of New York. The licensed
professional engineer is responsible for ensuring that all closure work
conforms to the approv0d plans and specifications and must certify to the
Municipality and to the Department that all work was completed in
accordance with Department approved plans and specifications.
F. The Municipality agrees to advertise for and solicit Project bids within a
reasonable time after receipt of the Department's approval of plans and
specifications. The Municipality further agrees to award Project contracts
within a reasonable time after opening the bids.
G. The Municipality agrees to resolve all bid protests and to notify the
Department of each bid protest and how it was resolved.
H. The Municipality represents that it has or will obtain the title to or sufficient
interest in the Project site, including rights-of-way and necessary
easements, before the start of construction to ensure undisturbed use and
possession for purposes of construction and completion of the Project.
I. The Municipality agrees that it is fully responsible for the maintenance and
monitoring of the Project.
J. The Municipality agrees that all work performed in relation to the Project
by the Municipality or its agents, representatives, or contractors will
conform to applicable Federal, State and Local laws, ordinances, rules and
regulations and standards.
Page 7 of 12
6. Inspection
A. The Municipality will provide the Department unrestricted access to field
work during the preparation and progress of the Project. The Municipality
will require that all contracts and subcontracts relating to the Project will
contain provisions for unrestricted access and inspection by the
Department.
B. Facilities by the Department or equipment purchased with State
Assistance provided under this contract will, upon request, be made
available for Department inspection at any reasonable time by the
Municipality.
C. The Municipality agrees to notify the Department when the Project is
complete. The Department will,when the final written Project certification
is received from the Municipality, conduct a final inspection to verify if the
completed Project meets all applicable laws and regulations and contract
requirements.
7. Additional Obligations and Responsibilities of the Municipality
A. The Municipality agrees to be in substantial compliance with its obligation
to close the landfill and to waive any right to assistance under
Section 27-1313 of the Environmental Conservation Law.
B. The Municipality agrees not to construct a new landfill over the landfill
closed under this contract and to monitor and maintain this closed landfill
in accordance with all applicable Department regulations effective at the
date of this contract.
C. If a Municipality closes its landfill in phases, the Municipality agrees to
close all subsequent phases of this facility in accordance with Department
regulations for new landfills which are in effect at least six months before
the subsequent phase becomes inactive.
8. Signs
In recognition of the State Assistance provided under this contract for the
Project,the Municipality shall ensure that any identifying signs that relate to this
Project will note that portions of the Project are assisted by the State of New York.
9. No Waiver of Remedies
The Municipality shall not be required to make any demand upon, pursue
or exhaust any of its rights or remedies against the State. The State shall not be
required to make any demand upon, pursue or exhaust any of its rights or
remedies against the Municipality. A delay or omission by the State or the
Municipality in exercising any right under this contrast-shall not operate as a
waiver of that right or any other right under this contract. A waiver on any
occasion shall not be construed as a bar to or a waiver of any right and/or remedy
on any other occasion. No waiver or consent is binding unless it is in writing and
executed by the Department and the Municipality.
Page 8 of 12
10. Appendices and Attachments
Appendix A,"Standard Clauses for All New York State Contracts,"and
Appendix B, "Standard Clauses for All New York State Department of
Environmental Conservation Contracts"are attached and made a part of-this
contract. Additional attachments identified in this contract are attached and made
a part of this contract.
11. Totality of Contract: Separability
This contract contains the provisions, conditions, and promises agreed to
between the parties. If any part of this contract is held to be invalid or
unenforceable, the invalidity or unenforceability of such will not affect the
remainder of this contract. This contract will remain valid as if the invalid or,
unenforceable part had not been contained.
12. Term and Effective Date
The term of this contract will be from April 1, 1993 to 12/31/03. This contract
will be effective upon approval and filing by the State Comptroller in accordance
with Section 1 12 of the State Finance Law.
13. Amendments
This contract including the attached Appendices and Attachments may only be
amended by a written instrument signed by both parties and approved by the State
Comptroller.
14. Authorized Representative for the Department
The Department's authorized representative for the implementation of this
contract and for approval and direction called for in this contract is the Director of
the Division of Solid & Hazardous Materials, or his designee. Whenever it is
provided in this contract that notice must be given or other communications sent to
the Department, the notices or communications will be delivered or sent to:
New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
625 Broadway-91' Floor
Albany, New York 12233-7250
Attention: Director, Division of Solid & Hazardous Materials
Page 9 of 12
15. Authorized Representative for the Municipality
The Municipality authorized representative for t e imp mentation of this
contract is:
Name: Jo hu Y, ort0.0 cu ervisor
Whenever it is provided in this contract that notZe must be given or other
communications sent to the Municipality,the notices or communications will be
delivered or sent to:
Municipality:Town of Southold
53095 Main Road
Southold NY 11971
Attention: dee-Geehm" Joshua Y. Hort-on
Supervisor
16. Affirmative Action
The Municipality is requested to comply with the intent of the Affirmative Action
provisions contained in Executive Law,Article 15-A and ECL Sections 52-0111
and 52-0113. The Municipality is requested to include language contained in
Appendix B, Clause VII in all contracts awarded for this project.
t
Page 10 of 12
•
LANDFILL CLOSURE PROGRAM STATE ASSISTANCE CONTRACT
SIGNATURE PAGE
Municipality:Town of Southold Contract No. C300886
IN WITNESS WHEREOF the parties have hereunto by their representatives
duly authorized to set their hands and seals the day and year appearing opposite
their respective signatures.
MUNICIPALITY SIGNATURE:
By the signature hereunder,the Municipality represents that it has the
legal status necessary to enter into this contract and that the person signing is
authorized to do so as evidenced by the resolution of its legislative body
attached hereto.
Authorized Representative 46919 G@shpsm. Joshua Y. Horton
(Typed Name)
(Signature) Dated:
(Title) Supervisor '
MUNICIPALITY CERTIFICATION:
State of New York )
SS.:
County of Suffolk )
On this ��+� Day of cTkAg, 20
Joshua Y. HoQrton .
Before me personally came-J n, Owctm� 5u erv—or ,
(List Name and Title)
of the Town of Southold ,
(List political subdivision or agency of the political subdivision)
The political subdivision or agency thereof described in and which executed
The above instrument: By Authority of , 10uo(� (bcearl X�i�
(Attached certified copy of order, resolution, or the ordinance authorizing
execution of this contract)of said political subdivision, and that(s)He signed
his/her name by that authority.
MELANIE DOROSKI
NOTARY PUBLIC,State of NewUk (, r
No.01 D04634870
Qualified in Suffolk CountyNOT RY PUBLIC
Conent Wn Expires Septwrdw 30,')-W '
Page 11 of 12
Municipality:Town of Southold Contract No. C300886
New York State Department of Environmental Conservation
Agency Certification: "In addition to the acceptance of this contract, I
also certify that the original signature pages will be attached to all other
exact copies of this contract."
AGENCY SIGNATURE: Dated:
Approved as to Form:
ATTORNEY GENERAL'S SIGNATURE:
Dated:
COMPTROLLER'S SIGNATURE:
Dated:
`t
Page 12 of 12
Attachment No. 1
New York State Department of Environmental Conservation
New York State Environmental Conservation Law(ECL),Article 54,
Title 5, Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments
For Municipal Landfill Closure Projects
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, Revised December 14, 1994 and September 29, 1997)
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN
Facility Name: Southold Landfill
Facility ID#: 52517
Facility Location: County Road 48, Cutchogue, NY
County: Suffolk
Facility Owner: Town of Southold
Facility Operator:
Staqe Begin Date End Date
Perform Closure
Investigation
Perform Closure
Investigation Report
(12/94)
Page 1 of 2
Municipal Landfill Closure
Project Work Plan (cont'd)
STAGE BEGIN DATE END DATE
Prepare Closure Plan
Perform Vector
Remediation, if required
Construct Leachate
Collection System, if required
Construct Gas Venting Layer
and Gas Collection/Control
System 30/30/00 07/30/00
Construct Barrier Layer 03/30/00 07/30/00
Construct Barrier Protection
Layer 04/30/00 08/24/00
Construct Topsoil Layer 04/30/00 08/31/00
Establish Vegetative Cover 04/30/00 08/31/00
Prepare Construction
Certification Report 09/30/00 11/30/00
Page 2 of 2
Attachment No. 2
New York State Department of Environmental Conservation
New York State Environmental Conservation Law(ECL), Article 54,
Title 5, Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments
for Municipal Landfill Closure Projects
REIMBURSEMENT APPLICATION SCHEDULE
Milestone Completion Date
Contract Execution Date of Comptroller's
Signature
Installation of Barrier Layer 07/30/00
Submittal of Closure
Certification 11/30/00
Attachment No. 3
New York State Department of Environmental Conservation
New York State Environmental Conservation Law (ECL),Article 54,
Title 5, Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments
for Municipal Landfill Closure Projects
PROGRESS REPORT SCHEDULE
Milestone Completion Date
Contract Execution Date of Comptroller's
Signature
Installation of Barrier Layer 07/30/00
Submittal of Closure
Certification 11/30/00
NON-DI
A??ENDIX A 5. SCIZIMINTION REQUIREMENTS.In
STANDARD CLAUSES FOR ALL accordance with Article 15 of the Executive Law(also
NEW YORK STATE CONTRACTS known as the Human Rights Law) and all other State
and Federal statutory and constitutional non-
discrimination provisions, the Contractor will not
The parries to the attached contract, license, discriminate against any employee or applicant for
lease, amendment or other agreement of any kind employment because ofrace,creed,color,sex,national
(hereinafter,"the contract"or"this contract")agree to origin,age,disability or marital status. Furthermore,
be bound by the following clauses which are hereby in accordance with Section 220-e of the Labor Law,if
made a part of the contract (the word "Contractor" this is a contract for the construction, alteration or
herein refers to any party other than the State,whether repair of any public building or public work or for the
a contractor, licenser, licensee, lessor, lessee or any manufacture, sale or distribution of materials,
other party): equipment or supplies, and to the extent that this
contract shall be performed within the State of New
1. EXECUTORY CLAUSE. In accordance with York, Contractor agrees that neither it nor its
Section 41 of the State Finance Law, the State shall subcontractors shall, by reason of race, creed, color,
have no liability under this contract to the Contractor or disability, sex, or national origin: (a) discriminate in
to anyone else beyond funds appropriated and available hiring against any New York State citizen who is
for this contract. qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired
2. NON-ASSIGNMENT CLAUSE. In accordance for the performance of work under this contract. If this
with Section 138 of the State Finance Law, this is a building service contract as defined in Section 230
contract may not be assigned by the Contractor or its of the Labor Law,then,in accordance with Section 239
right, title or interest therein assigned, transferred thereof, Contractor agrees that neither it nor its
conveyed,sublet or otherwise disposed of without the subcontractors shall by reason of race, creed, color,
previous consent, in writing, of the State and any national origin,age,sex,or disability: (a)discriminate
attempts to assign the contract without the State's in hiring against any New York State citizen who is
written consent are null and void. The Contractor may, qualified and available to perform the work; or (b)
however,assign its right to receive payment without the discriminate against or intimidate any employee hired
State's prior written consent unless this contract for the performance of work under this contract.
concerns Certificates of Participation pursuant to Contractor is subject to fines of$50.00 per person per
Article 5-A of the State Finance law. day for any violation of Section 220-e or Section 239
as well as possible termination of this contract and
3. COMPTROLLER'S APPROVAL In accordance forfeiture of all moneys due hereunder for a second or
with Section 112 of the State Finance Law(or, if this subsequent violation.
contract is with the State University or City University
of New York, Section 355 or Section 6218 of the 6. WAGE AND HOURS PROVISIONS. If this is a
Education Law), if this contract exceeds $15,000 (or public work contract covered by Article 8 of the Labor
the minimum thresholds agreed to by the Office of the Law or a building service contract covered by Article
State Comptroller for certain S.U.N.Y. and C.U.N.Y. 9 thereof, neither Contractor's employees nor the
contracts),or if this is an amendment for any amount to employees of its subcontractors may be required or
a contract which,as so amended,exceeds said statutory permitted to work more than the number of hours or
amount,or if,by this contract, the State agrees to give days stated in said statutes, except as otherwise
something other than money when the value or provided in the Labor law and as set forth in prevailing
reasonably estimated value of such consideration wage and supplement schedules issued by the State
exceeds $15,000, it shall not be valid, effective or Labor Department. Furthermore, Contractor and its
binding upon the State until it has been approved by the subcontractors must pay at least the prevailing wage
State Comptroller and filed in his office. rate and pay or provide the prevailing supplements,
including the premium rates for overtime pay, as
4. WORKERS' COMPENSATION BENEFITS. In determined by the State Labor Department in
accordance with Section 142 of the State Finance Law, accordance with the Labor Law.
this contract shall be void and of no force and effect
unless the Contractor shall provide and maintain 7. NON-COLLUSIVE BIDDING REQUIREMENT.
coverage during the life of this contract for the benefit In accordance with Section 139-d of the State Finance
of such employees as are required to be covered by the Law, if this contract was awarded based upon the
provisions of the Workers'Compensation Law. submission of bids,Contractor warrants,under penalty
of perjury,that its bid was arrived at independently and
without collusion aimed at Ating competition. normal businesses at an office of the Contractor
Contractor further warrants that,at the time Contractor within the State of New York or, if no such office is
submitted its bid,an authorized and responsible person available,at a mutually agreeable and reasonable venue
executed and delivered to the State a non-collusive within the State, for the term specified above for the
bidding certification on Contractor's behalf. purposes of inspection,auditing and copying.The State
shall take reasonable steps to protect from public
8. INTERNATIONAL BOYCOTT PROHIBITION. disclosure any of the Records which are exempt from
In accordance with Section 220-f of the Labor Law and disclosure under Section 87 of the Public Officers Law
Section 139-h of the State Finance Law,if this contract (the "Statute")provided that: (i) the Contractor shall
exceeds $5,000, the Contractor agrees, as a material timely inform an appropriate State official,in writing,
condition of the contract, that neither the Contractor that said records should not be disclosed; and(ii)said
nor any substantially owned or affiliated person,firm, records shall be sufficiently identified; and (iii)
partnership or corporation has participated, is designation of said records as exempt under the Statute
participating, or shall participate in an international is reasonable.Nothing contained herein shall diminish,
boycott in violation of the federal Export or in any way adversely affect, the State's right to
Administration Act of 1979 (50 USC App. Sections discovery in any pending or future litigation.
2401 et seq.) or regulations thereunder. If such
Contractor, or any of the aforesaid affiliates of 11. IDENTIFYING INFORMATION AND
Contractor,is convicted or is otherwise found to have PRIVACY NOTIFICATION. (a) FEDERAL
violated said laws or regulations upon the final EMPLOYER IDENTIFICATION NUMBER and/or
determination of the United States Commerce FEDERAL SOCIAL SECURITY NUMBER. All
Department or any other appropriate agency of the invoices or New York State standard vouchers
United States subsequent to the contractors execution, submitted for payment for the sale of goods or services
such contract,amendment or modification thereto shall or the lease of real or personal property to a New York
be rendered forfeit and void. The Contractor shall so State agency must include the payee's identification
notify the State Comptroller within five (5) business number, i.e., the seller's or lessor's identification
days of such conviction,determination or disposition of number. The number is either the payee's Federal
appeal(2NYCRR 105.4). employer identification number or Federal social
security number,or both such numbers when the payee
9. SET-OFF RIGHTS. The State shall have all of its has both such numbers.Failure to include this number
common law,equitable and statutory rights of set-off. or numbers may delay payment. Where the payee does
These rights shall include, but not be limited to, the not have such number or numbers, the payee, on its
State's option to withhold for the purposes of set-off invoice or New York State standard voucher,must give
any moneys due to the Contractor under this contract the reason or reasons why the payee does not have such
up to any amounts due and owing to the State with number or numbers.
regard to this contract, any other contract with any
State department or agency,including any contract for (B) PRIVACY NOTIFICATION. (1)The authority to
a term commencing prior to the term of this contract, request the above personal information from a seller of
plus any amounts due and owing to the State for any goods or services or a lessor of real or personal
other reason including, without limitation, tax property, and the authority to maintain such
delinquencies,fee delinquencies or monetary penalties information, is found in Section 5 of the State Tax
relative thereto. The State shall exercise its set-off Law. Disclosure of this information by the seller or
rights in accordance with normal State practices lessor to the State is mandatory. The principal purpose
including, in cases of set-off pursuant to an audit,the for which the information is collected is to enable the
finalization of such audit by the State agency, its State to identify individuals,businesses and others who
representatives,or the State Comptroller. have been delinquent in filing tax returns or may have
understated their tax liabilities and to generally identify
10. RECORDS. The Contractor shall establish and persons affected by the taxes administered by the
maintain complete and accurate books, records, Commissioner of Taxation and Finance. The
documents, accounts and other evidence directly information will be used for tax administration purpose
pertinent to performance under this contract and for any other purpose authorized by law.
(hereinafter,collectively,"the Records"). The Records
must be kept for the balance of the calendar year in (2) The personal information is requested by the
which they were made and for six(6)additional years purchasing unit of the agency contracting to purchase
thereafter.The State Comptroller,the Attorney General the goods or services or lease "the real or personal
and any other person or entity authorized to conduct an property covered by this contract or lease. The
examination,as well as the agency or agencies involved information is maintained in New York State's Central
in this contract,shall have access to the Records during Accounting System by the Director of Accounting
Operations,Office of the State coptroller,AESOB, renovation, plannpor design of real property and
Albany,New York 12236. improvements thereon (the Work) except where the
Work is for the beneficial use of the Contractor.
12. EQUAL EMPLOYMENT OPPORTUNITIES Section 312 does not apply to: (i) work, goods or
FOR MINORITIES AND WOMEN. In accordance services unrelated to this contract;or(ii)employment
with Section 312 of the Executive law,if this contract outside New York State; or (iii) banking services,
is: (i) a written agreement or purchase order insurance policies or the sale of securities. The State
instrument,providing for a total expenditure in excess shall consider compliance by a contractor or
of $25,000.00, whereby a contracting agency is subcontractor with the requirements of any federal law
committed to expend or does expend funds in return for concerning equal employment opportunity which
labor, services, supplies, equipment, materials or any effectuates the purpose of this section. The contracting
combination of the foregoing,to be performed for,or agency shall determine whether the imposition of the
rendered or furnished to the contracting agency;or(ii) requirements of the provisions hereof duplicate or
a written agreement in excess of$100,000.00 whereby conflict with any such federal law and if such
a contracting agency is committed to expend or does duplication or conflict exists, the contracting agency
expend funds for the acquisition, construction, shall waive the applicability of Section 312 to the
demolition,replacement,major repair or renovation of extent of such duplication or conflict. Contractor will
real property and improvements thereon; or (iii) a comply with all duly promulgated and lawful rules and
written agreement in excess of$100,000.00 whereby regulations of the Division of Minority and Women's
the owner of a State assisted housing project is Business Development pertaining hereto.
committed to expend or does expend funds for the
acquisition, construction, demolition, replacement, 13. CONFLICTING TERMS. In the event of a
major repair or renovation of real property and conflict between the terms of the contract{including
improvements thereon for such project,then: (a) The any and all attachments thereto and amendments
Contractor will not discriminate against employees or thereof)and the
applicants for employment because of race, creed, terms of this Appendix A,the terms of this Appendix
color, national origin, sex, age, disability or marital A shall control.
status, and will undertake or continue existing
programs of affirmative action to ensure that minority 14. GOVERNING LAW. This contract shall be
group members and women are afforded equal governed by the laws of the State of New York except
employment opportunities without discrimination. where the Federal supremacy clause requires otherwise.
Affirmative action shall mean recruitment,
employment,job assignment, promotion, upgradings, 15. LATE PAYMENT. Timeliness of payment and
demotion,transfer,layoff, or termination and rates of any interest to be paid to Contractor for late payment
pay or other forms of compensation; shall be governed by Article XI-A of the State Finance
Law to the extent required by law.
(b) at the request of the contracting agency, the
Contractor shall request each employment agency, 16. NO ARBITRATION. Disputes involving this
labor union, or authorized representative of workers contract,including the breach or alleged breach thereof,
with which it has a collective bargaining or other may not be submitted to binding arbitration (except
agreement or understanding, to furnish a written where statutorily authorized), but must, instead, be
statement that such employment agency,labor union or heard in a court of competent jurisdiction of the State
representative will not discriminate on the basis of race, of New York.
creed, color, national origin, sex, age, disability or
marital status and that such union or representative will 17. SERVICE OF PROCESS. In addition to the
affirmatively cooperate in the implementation of the methods of service allowed by the State Civil Practice
contractor's obligations herein;and Law&Rules("CPLR"),Contractor hereby consents to
service of process upon it by registered or certified
(c) the Contractor shall state, in all solicitations or mail,return receipt requested. Service hereunder shall
advertisements for employees,that,in the performance be complete upon Contractor's actual receipt ofprocess
of the State contract, all qualified applicants will be or upon the State's receipt of the return thereof by the
afforded equal employment opportunities without United States Postal Service as refused or
discrimination because of race, creed, color, national undeliverable. Contractor must promptly notify the
origin,sex,age,disability or marital status. State,in writing,of each and every change of address
to which service of process can be made.Service by the
Contractor will include the provisions of"a, "b", and State to the last known address shall be sufficient.
"c"above,in every subcontract over$25,000.00 for the Contractor will have thirty (30) calendar days after
construction, demolition, replacement, major repair, service hereunder is complete in which to respond.
0 A directory of ted minority and women-owned
18. PROHIBITION ON PURCHASE OF TROPICAL business enterprises is available from:
HARDWOODS. The Contractor certifies and warrants
that all wood products to be used under this contract Department of Economic Development
award will be in accordance with,but not limited to,the Minority and Women's Business Development
specifications and provisions of State Finance Law Division
§165. (Use of Tropical Hardwoods) which prohibits 30 South Pearl Street
purchase and use of tropical hardwoods, unless Albany,New York 12245
specifically exempted, by the State or any htti)://www.emaire.state.ny.us
governmental agency or political subdivision or public
benefit corporation. Qualification for an exemption The Omnibus Procurement Act of 1992 requires that by
under this law will be the responsibility of the signing this bid proposal or contract, as applicable,
contractor to establish to meet with the approval of the Contractors certify that whenever the total bid amount
State. is greater than$1 million:
In addition,when any portion of this contract involving (a) The Contractor has made reasonable efforts to
the use of woods,whether supply or installation,is to encourage the participation of New York State
be performed by any subcontractor, the prime Business Enterprises as suppliers and subcontractors,
Contractor will indicate and certify in the submitted bid including certified minority and women-owned
proposal that the subcontractor has been informed and business enterprises, on this project, and has retained
is in compliance with specifications and provisions the documentation of these efforts to be provided upon
regarding use oftropical hardwoods as detailed in§165 request to the State;
State Finance Law. Any such use must meet with the
approval of the State, otherwise, the bid may not be (b) The Contractor has complied with the Federal
considered responsive. Under bidder certifications, Equal Opportunity Act of 1972 (P.L. 92-261), as
proof of qualification for exemption will be the amended;
responsibility of the Contractor to meet with the
approval of the State. (c) The Contractor agrees to make reasonable efforts
to provide notification to New York State residents of
19. MACBRIDE FAIR EMPLOYMENT employment opportunities on this project through
PRINCIPLES. In accordance with the MacBride Fair listing any such positions with the Job Service Division
Employment Principles (Chapter 807 of the Laws of of the New York State Department of Labor, or
1992), the Contractor hereby stipulates that the providing such notification in such manner as is
Contractor either (a) has no business operations in consistent with existing collective bargaining contracts
Northern Ireland,or(b)shall take lawful steps in good or agreements. The Contractor agrees to document
faith to conduct any business operations in Northern these efforts and to provide said documentation to the
Ireland in accordance with the MacBride Fair State upon request;and
Employment Principles(as described in Section 165 of
the New York State Finance Law), and shall permit (d) The Contractor acknowledges notice that the State
independent monitoring of compliance with such may seek to obtain offset credits from foreign countries
principles. as a result of this contract and agrees to cooperate with
the State in these efforts.
20. OMNIBUS PROCUREMENT ACT OF 1992. It
is the policy of New York State to maximize 21. RECIPROCITY AND SANCTIONS
opportunities for the participation of New York State PROVISIONS.Bidders are hereby notified that if their
business enterprises, including minority and women- principal place of business is located in a state that
owned business enterprises as bidders,subcontractors penalizes New York State vendors,and if the goods or
and suppliers on its procurement contracts. services they offer will be substantially produced or
performed outside New York State, the Omnibus
Information on the availability of New York State Procurement Act 1994 amendments (Chapter 684,
subcontractors and suppliers is available from: Laws of 1994) require that they be denied contracts
which they would otherwise obtain. Contact the
Department of Economic Development Department of Economic Development, Division for
Division for Small Business Small Business, 30 South Pearl Street; Albany New
30 South Pearl Street York 12245, for a current list of states subject to this
Albany,New York 12245 provision.
Tel. 518-292-5220
Revised August 2000
APPENDIX B
Standard Clauses for All New York State Department
of Environmental Conservation Contracts
The parties to the attached contract,license,lease, (a)Organizational Conflict of Interest. To the best of
grant, amendment or other agreement of any kind the Contractor's knowledge and belief,the Contractor
(hereinafter"the contract"or"this contract")agree to warrants that there are no relevant facts or
be bound by the following clauses which are hereby circumstances which could give rise to an
made a part of the contract. The word"Contractor" organizational conflict of interest,as herein defined,or
herein refers to any party to the contract,other than the that the Contractor has disclosed all such relevant
New York State Department of Environmental information to the Department.
Conservation(hereinafter"Department").
(1) An organizational conflict of interest exists when
I. Postponement,suspension,abandonment or the nature of the work to be performed under this
termination by the Department. The Department contract may,without some restriction on future
shall have the right to postpone,suspend,abandon or activities,impair or appear to impair the Contractor's
terminate this contract,and such actions shall in no objectivity in performing the work for the Department.
event be deemed a breach of contract. In the event of
any termination,postponement,delay, suspension or (2) The Contractor agrees that if an actual,or potential
abandonment,the Contractor shall immediately stop organizational conflict of interest is discovered at any
work,take steps to incur no additional obligations,and time after award,whether before or during
to limit further expenditures. Within 15 days of receipt performance,the Contractor will immediately make a
of notice,the Contractor shall deliver to the Department full disclosure in writing to the Department. This
all data,reports,plans,or other documentation related disclosure shall include a description of actions which
to the performance of this contract,including but not the Contractor has taken or proposes to take,after
limited to source codes and specifications,guarantees, consultation with the Department,to avoid,mitigate,or
warranties,as-built plans and shop drawings. In any of minimize the actual or potential conflict.
these events,the Department shall make settlement with
the Contractor upon an equitable basis as determined by (3) To the extent that the work under this contract
the Department which shall fix the value of the work requires access to personal,proprietary or confidential
which was performed by the Contractor prior to the business or financial data of persons or other
postponement,suspension,abandonment or termination companies,and as long as such data remains
of this contract. This clause shall not apply to this proprietary or confidential,the Contractor shall protect
contract if the contract contains other provisions such data from unauthorized use and disclosure and
applicable to postponement,suspension or termination agrees not to use it to compete with such companies.
of the contract.
(b) Personal Conflict of Interest. The following
II. Indemnification and Holdharmless. The provisions with regard to management or professional
Contractor agrees that it will indemnify and save level employee personnel performing under this
harmless the Department and the State of New York contract shall apply until the earlier of the termination
from and against all losses from claims,demands, date of the affected employee(s)or the duration of the
payments,suits,actions,recoveries and judgments of contract.
every nature and description brought or recovered
against it by reason of any omission or tortious act of (1) A personal conflict of interest is defined as a
the Contractor,its agents,employees,suppliers or relationship of an employee,subcontractor employee,
subcontractors in the performance of this contract. The or consultant with an entity that may impair or appear
Department and the State of New York may retain such to impair the objectivity of the employee,subcontractor
monies from the amount due Contractor as may be employee,or consultant in performing the contract
necessary to satisfy any claim for damages,costs and work. The Contractor agrees to notify the Department
the like,which is asserted against the Department immediately of any actual,or potential personal
and/or the State of New York. conflict of interest with regard to any such person
working on or having access to information regarding
III. Conflict of Interest this contract,as soon as Contractor becomes aware of
App. B 4/17/00 Page 1
•
such conflict.The Department will notify the (c) Remedies. The Department may terminate this
Contractor of the appropriate action to be taken. contract in whole or in part,if it deems such
termination necessary to avoid an organizational or
(2) The Contractor agrees to advise all management or personal conflict of interest,or an unauthorized
professional level employees involved in the work of disclosure of information. If the Contractor fails to
this contract,that they must report any personal make required disclosures or misrepresents relevant
conflicts of interest to the Contractor.The Contractor information to the Department,the Department may
must then advise the Department which will advise the terminate the contract,or pursue such other remedies
Contractor of the appropriate action to be taken. as may be permitted by the terms of Clause I of this
Appendix or other applicable provisions of this
(3) Unless waived by the Department, the Contractor contract regarding termination.
shall certify annually that,to the best of the
Contractor's knowledge and belief,all actual,apparent (d) The Contractor will be ineligible to make a
or potential conflicts of interest,both personal and proposal or bid on a contract for which the Contractor
organizational,as defined herein, have been reported has developed the statement of work or the solicitation
to the Department. Such certification must be signed package
by a senior executive of the Contractor and submitted
in accordance with instructions provided by the (e) The Contractor agrees to insert in each subcontract
Department. Along with the annual certification,the or consultant agreement placed hereunder(except for
Contractor shall also submit an update of any changes subcontracts or consultant agreements for well drilling,
in any conflict of interest plan submitted with its fence erecting,plumbing,utility hookups,security
proposal for this contract. The initial certification shall guard services,or electrical services)provisions which
cover the one-year period from the date of contract shall conform substantially to the language of this
award,and all subsequent certifications shall cover clause,including this paragraph(e),unless otherwise
successive annual periods thereafter. The certification authorized by the Department.
is to be submitted no later than 45 days after the close
of the previous certification period covered. If this is a contract for work related to action at an
inactive hazardous waste site,the following
(4) In performing this contract,the Contractor paragraph shall apply to those Contractors whose
recognizes that its employees may have access to data, work requires the application of professional
either provided by the Department or first generated judgment: It does not apply to construction
during contract performance,of a sensitive nature contracts.
which should not be released without Department
approval. If this situation occurs,the Contractor agrees (f) Due to the scope and nature of this contract,the
to obtain confidentiality agreements from all affected Contractor shall observe the following restrictions on
employees working on requirements under this contract future hazardous waste site contracting for the duration
including subcontractors and consultants. Such of the contract.
agreements shall contain provisions which stipulate that
each employee agrees not to disclose,either in whole or (1) The Contractor,during the life of the work
in part,to any entity external to the Department, assignment and for a period of three(3)years after the
Department of Health or the New York State completion of the work assignment,agrees not to enter
Department of Law,any information or data provided into a contract with or to represent any party with
by the Department or first generated by the Contractor respect to any work relating to remedial activities or
under this contract,any site-specific cost information, work pertaining to a site where the Contractor
or any enforcement strategy without first obtaining the previously performed work for the Department under
written permission of the Department. If a Contractor, this contract without the prior written approval of the
through an employee or otherwise,is subpoenaed to Department.
testify or produce documents,which could result in
such disclosure,the Contractor must provide immediate (2) The Contractor agrees in advance that if any
advance notification to the Department so that the bids/proposals are submitted for any work for a third
Department can authorize such disclosure or have the party that would require written approval of the
opportunity to take action to prevent such disclosure. Department prior to entering into a contract because of
Such agreements shall be effective for the life of the the restrictions of this clause,then the bids/proposals
contract and for a period of five(5)years after are submitted at the Contractor's own risk,and no
completion of the contract. claim shall be made against the Department to recover
App. B 4/17/00 Page 2
bid/proposal costs as a direct cost whether the request (c) The affirmative action provisions and equal
for authorization to enter into the contract is denied or employment opportunity provisions contained in this
approved. paragraph and paragraphs(d)and(e) of this clause
shall be applicable within the limitations established by
IV. Requests for Payment. All requests for payment Executive Law§§312 and 313 and the applicable
by the Contractor must be submitted on forms supplied regulations.
and approved by the Department. Each payment
request must contain such items of information and (1)The Contractor is required to make good faith
supporting documentation as are required by the efforts to subcontract at least 6%of the dollar value of
Department,and shall be all-inclusive for the period of this contract to Minority Owned Business Enterprises
time covered by the payment request. (MBEs)and at least 6%of such value to Women
Owned Business Enterprises(WBEs).
V. Compliance with Federal requirements. To the
extent that Federal funds are provided to the Contractor (2)The Contractor is required to make good faith
or used in paying the Contractor under this contract,the efforts to employ or contractually require any
Contractor agrees that it will comply with all applicable Subcontractor with whom it contracts to make good
Federal laws and regulations,including but not limited faith efforts to employ minority group members for at
to those laws and regulations under which the Federal least 10%of,and women for at least 10%of,the
funds were authorized. The Contractor further agrees workforce hours required to perform the work under
to insert in any subcontract hereunder,provisions this contract.
which shall conform substantially to the language of
this clause. (3)The Contractor is required to make good faith
efforts to solicit the meaningful participation by
VI. Independent Contractor. The Contractor shall enterprises identified in the NYS Directory of Certified
have the status of an independent contractor. Businesses provided by:
Accordingly,the Contractor agrees that it will conduct
itself in a manner consistent with such status,and that it Empire State Development Corp.
will neither hold itself out as,nor claim to be,an officer Div.Minority&Women's Business Development
or employee of the Department by reason of this 30 South Pearl Street
contract. It further agrees that it will not make any Albany,New York 12245
claim,demand or application to the Department for any Phone: (518)292-5250
right or privilege applicable to an officer or employee Fax: (518)292-5803
of the Department,including but not limited to worker's and
compensation coverage,unemployment insurance Empire State Development Corp.
benefits,social security coverage,or retirement 633 Third Avenue
membership or credit. New York,NY 10017
Phone: (212)803-2414
VII. Article 15-A Requirements. The terms Fax: (212)803-3223
contained in this clause shall have the definitions as internet:www.empire.state.ny.us\esd.htm
given in,and shall be construed according to the intent
of Article 15-A of the Executive Law,5 NYCRR (d)The Contractor agrees to include the provisions set
Part 140,et.seq.,Article 52 of the Environmental forth in paragraphs(a),(b)and(c)above and
Conservation Law and 6 NYCRR Part 615,et. seq.,as paragraphs(a),(b),and(c)of clause 12 of Appendix A
applicable,and any goals established by this clause are in every subcontract in such a manner that the
subject to the intent of such laws and regulations. provisions will be binding upon each Subcontractor as
to work under such subcontract. For the purpose of
(a) If the maximum contract price herein equals or this paragraph,a"subcontract"shall mean an
exceeds$25,000,and this contract is for labor, agreement providing for a total expenditure in excess
services,supplies,equipment,or materials;or of$25,000 for the construction,demolition,
replacement,major repair,renovation,planning or
(b) If the maximum contract price herein equals or design of real property and improvements thereon in
exceeds$100,000 and this contract is for the which a portion of the Contractor's obligation under a
acquisition,construction,demolition,replacement, State contract is undertaken or assumed.
major repair or renovation of real property and
improvements thereon;then (e)The Contractor is required to make good faith
App. B 4/17/00 Page 3
efforts to utilize the MBE/WBEs identified in the (1) Remand the matter to the program staff for further
utilization plan to the extent indicated in such plan,and negotiation or information if it is determined that the
otherwise to implement it according to its terms. The matter is not ripe for review;or
Contractor is requested to report on such
implementation periodically as provided by the (2) Determine that there is no need for further action,
contract,or annually,whichever is more frequent. and that the determination of the designated individual
is confirmed;or
VIII.Compliance with applicable laws
(3) Make a determination on the record as it exists.
(a) Prior to the commencement of any work under this
contract,the Contractor is required to meet all legal (c) The decision of the DAI shall be the final agency
requirements necessary in the performance of the decision unless the Contractor files a written appeal of
contract. This includes but is not limited to compliance that decision with the Chair of the Contract.Review
with all applicable Federal,state and local laws and Committee("CRC")within twenty days of receipt of
regulations promulgated thereunder. It is the that decision.The designated individual to hear
Contractor's responsibility to obtain any necessary disputes is:
permits,or other authorizations. By signing this
contract,the Contractor affirmatively represents that it Mr.David A.Blackman,Director
has complied with said laws,unless it advises the Bureau of Program Management
Department otherwise,in writing. The Department Division of Solid&Hazardous Materials
signs this contract in reliance upon this representation. 625 Broadway-9`h Floor,Albany,NY 12233-7250
(518)402-8711
(b) During the term of this contract,and any extensions
thereof,the Contractor must remain in compliance with The designated appeal individual to review decisions
said laws. A failure to notify the Department of is:
noncompliance of which the Contractor was or should
have been aware,may be considered a material breach Mr.David O'Toole,Assistant Director
of this contract. Division of Solid&Hazardous Materials
625 Broadway-9'Floor,Albany,NY 12233-7250
IX Dispute Resolution. The parties agree to the (518)402-8652
following steps,or as many as are necessary to resolve
disputes between the Department and the Contractor. The Chair of the Contract Review Committee is:
(a) The Contractor specifically agrees to submit,in the Department of Environmental Conservation
first instance,any dispute relating to this contract to the Richard K.Randles,Chair
designated individual,who shall render a written Contract Review Committee
decision and furnish a copy thereof to the Contractor. 625 Broadway- 10'Floor
Albany,NY 12233-5010
(1) The Contractor must request such decision in Telephone: (518)402-9237
writing no more than fifteen days after it knew or
should have known of the facts which are the basis of (d) Upon receipt of the written appeal,the Chair of
the dispute. the CRC,in consultation with the members of the CRC
and the Office of General Counsel,will take one of the
(2) The decision of the designated individual shall be following actions,or a combination thereof, with
the final agency determination,unless the Contractor written notice to the Contractor.
files a written appeal of that decision with the
designated appeal individual("DAI") within twenty (1) Remand the matter to program staff for additional
days of receipt of that decision. fact finding,negotiation,or other appropriate action;or
(b) Upon receipt of the written appeal,the DAI,will (2) Adopt the decision of the DAI;or
review the record and decision.Following divisional
procedures in effect at that time,the DAI will take one (3) Consider the matter for review by the CRC in
of the following actions,with written notice to the accordance with its procedures.
Contractor.
(e) Following a decision to proceed pursuant to(d)
App. B 4/17/00 Page 4
3,above,the Chair of the CRC shall convene a project is a public work project on which each worker
proceeding in accordance with the CRC's established is entitled to receive the prevailing wages and
contract dispute resolution guidelines. The proceeding supplements for their occupation,and all other notices
will provide the Contractor with an opportunity to be which the Department directs the Contractor to post.
heard. The Contractor shall provide a surface for such notices
which is satisfactory to the Department. The
(f) Following a decision pursuant to(d)2 or(d)3,the Contractor shall maintain such notices in a legible
CRC shall make a written recommendation to the manner and shall replace any notice or schedule which
Assistant Commissioner for Administration who shall is damaged,defaced,illegible or removed for any
render the fmal agency determination. reason. Contractor shall post such notices before
commencing any work on the site and shall maintain
(g) At any time during the dispute resolution process, such notices until all work on the site is complete.
and upon mutual agreement of the parties,the Office of
Hearings and Mediation Services(OHMS)may be (b) When appropriate,contractor shall distribute to
requested to provide mediation services or other each worker for this Contract a notice,in a form
appropriate means to assist in resolving the dispute. provided by the Department,that this project is a
Any findings or recommendations made by the OHMS public work project on which each worker is entitled to
will not be binding on either party. receive the prevailing wage and supplements for the
occupation at which he or she is working. Worker
(h)Final agency detenninations shall be subject to includes employees of Contractor and all
review only pursuant to Article 78 of the Civil Practice Subcontractors and all employees of suppliers entering
Law and Rules. the site. Such notice shall be distributed to each
worker before they start performing any work of this
(i) Pending final determination of a dispute hereunder, contract. At the time of distribution,Contractor shall
the Contractor shall proceed diligently with the have each worker sign a statement,in a form provided
performance of the Contract in accordance with the by the Department,certifying that the worker has
decision of the designated individual. Nothing in this received the notice required by this section,which
Contract shall be construed as making final the decision signed statement shall be maintained with the payroll
of any administrative officer upon a question of law. records required by the following paragraph(c).
0)(1) Notwithstanding the foregoing,at the option of (c) Contractor shall maintain on the site the original
the Contractor,the following shall be subject to review certified payrolls or certified transcripts thereof which
by the CRC: Disputes arising under Article 15-A of the Contractor and all of its Subcontractors are required to
Executive Law(Minority and Women Owned Business maintain pursuant to the New York Labor Law Section
participation),the Department's determination with 220. Contractor shall maintain with the payrolls or
respect to the adequacy of the Contractor's Utilization transcripts thereof,the statements signed by each
Plan,or the Contractor's showing of good faith efforts worker pursuant to paragraph(b).
to comply therewith. A request for a review before the
CRC should be made,in writing,within twenty days of (d) Within thirty days of issuance of the first payroll,
receipt of the Department's determination. and every thirty days thereafter,the Contractor and
every subcontractor must submit a transcript of the
(2) The CRC will promptly convene a review in original payroll to the Department,which transcript
accordance with Article 15-A of the Executive Law and must be subscribed and affirmed as true under penalty
the regulations promulgated thereunder. of perjury.
X. Labor Law Provisions XI. Offset. In accordance with State Law,the
Department has the authority to administratively offset
(a) When applicable,the Contractor shall post,in a any monies due it from the Contractor,from payments
location designated by the Department,a copy of the due to the Contractor under this contract.The
New York State Department of Labor schedules of Department may also(a)assess interest or late payment
prevailing wages and supplements for this project,a charges,and collection fees,if applicable;
copy of all re-determinations of such schedules for the (b)charge a fee for any dishonored check;(c)refuse to
project,the Workers'Compensation Law Section 51 renew certain licenses and permits.
notice,all other notices required by law to be posted at
the site,the Department of Labor notice that this XII. Tax Exemption. Pursuant to Tax Law Section
App. B 4/17/00 Page 5
V
1116,the State is exempt from sales and use taxes. A (3)all available information,assistance and authority
standard state voucher is sufficient evidence thereof necessary to the action,at the Contractor's sole
For Federal excise taxes,New York's registration expense.
Number 14740026K covers tax-free transactions under
the Internal Revenue Code. The Contractor shall control the defense of any such
suit,including appeals,and all negotiations to effect
XIII. Litigation Support. In the event that the settlement,but shall keep the Department fully
Department becomes involved in litigation related to informed concerning the progress of the litigation.
the subject matter of this contract,the Contractor agrees
to provide background support and other litigation (b)If the use of any item(s)or parts thereof is held to
support,including but not limited to depositions, infringe a patent or copyright and its use is enjoined,or
appearances,and testimony.Compensation will be Contractor believes it will be enjoined,the Contractor
negotiated and based on rates established in the shall have the right,at its election and expense to take
contract,or as may otherwise be provided in the action in the following order of precedence:
contract.
(1) procure for the Department the right to continue
XIV. Equipment. Any equipment purchased with using the same item or parts thereof;
funds provided under this contract,shall remain the
property of the Department,unless otherwise provided (2)modify the same so that it becomes non-infringing
in the contract.The Contractor shall be liable for all and of at least the same quality and performance;
costs for maintaining the property in good,usable
condition. It shall be returned to the Department upon (3)replace the item(s)or parts thereof with
completion of the contract,in such condition,unless the noninfringing items of at least the same quality and
Department elects to sell the equipment to the performance;
Contractor,upon mutually agreeable terms.
(4)if none of the above remedies are available,
XV. Inventions or Discoveries. Any invention or discontinue its use and eliminate any future charges or
discovery first made in performance of this Contract royalties pertaining thereto. The Contractor will buy
shall be the property of the Department,unless back the infringing product(s)at the State's book
otherwise provided in the contract.The Contractor value,or in the event of a lease,the parties shall
agrees to provide the Department with any and all terminate the lease. If discontinuation or elimination
materials related to this property.At the Department's results in the Contractor not being able to perform the
option,the Contractor may be granted a non-exclusive Contract,the Contract shall be terminated.
license.
(c) In the event that an action at law or in equity is
XVI. Patent and Copyright Protection. If any commenced against the Department arising out of a
patented or copyrighted material is involved in or claim that the Department's use of any item or material
results from the performance of this Contract,this pursuant to or resulting from this Contract infringes
Article shall apply. any patent,copyright or proprietary right,and such
(a)The Contractor shall,at its expense,defend any suit action is forwarded by the Department to the
instituted against the Department and indemnify the Contractor for defense and indemnification pursuant to
Department against any award of damages and costs this Article,the Department shall copy all pleadings
made against the Department by a final judgment of a and documents forwarded to the Contractor together
court of last resort based on the claim that any of the with the forwarding correspondence and a copy of this
products,services or consumable supplies furnished by Contract to the Office of the Attorney General of the
the Contractor under this Contract infringes any patent, State of New York. If upon receipt of such request for
copyright or other proprietary right;provided the defense,or at any time thereafter,the Contractor is of
Department gives the Contractor: the opinion that the allegations in such action,in whole
or in part,are not covered by the indemnification set
(1)prompt written notice of any action,claim or threat forth in this Article,the Contractor shall immediately
of infringement suit,or other suit,and notify the Department and the Office of the Attorney
General of the State of New York in writing and shall
(2)the opportunity to take over,settle or defend such specify to what extent the Contractor believes it is and
action at the Contractor's sole expense,and is not obligated to defend and indemnify under the
terms and conditions of this Contract. The Contractor
App. B 4/17/00 Page 6
shall in such event protect the interests of the opportunity to identify material which may be
Department and State of New York and secure a protected from release and to support its position.
continuance to permit the State of New York to appear
and defend its interests in cooperation with Contractor XIX. Precedence. In the event of a conflict between
as is appropriate,including any jurisdictional defenses the terms of this Appendix B and the terms of the
which the Department and State shall have. Contract(including any and all attachments thereto and
amendments thereof,but not including Appendix A),
(d) The Contractor shall,however,have no liability to the terms of this Appendix B shall control. In the
the Department under this Article if any infringement is event of a conflict between the terms of this
based upon or arises out of: (1)compliance with Appendix B,and the terms of Appendix A,the terms
designs,plans,or specifications furnished by or on of Appendix A shall control.
behalf of the Department as to the items;(2)alterations
of the items by the Department;(3)failure of the
Department to use updated items provided by the
Contractor for avoiding infringement;(4)use of items
in combination with apparatus or devices not delivered
by the Contractor;(5)use of items in a manner for
which the same were neither designed nor
contemplated;or(6)a patent or copyright in which the
Department or any affiliate or subsidiary of the
Department has any direct or indirect interest by license
or otherwise.
(e) The foregoing states the Contractor's entire liability
for,or resulting from,patent or copyright infringement
or claim thereof.
XVII. Force Majeure. The term Force Majeure shall
include acts of God,work stoppages due to labor
disputes or strikes,fires,explosions,epidemics,riots,
war rebellion,sabotage or the like. If a failure of or
delay in performance by either party results from the
occurrence of a Force Majeure event,the delay shall be
excused and the time for performance extended by a
period equivalent to the time lost because of the Force
majeure event,if and to the extent that:
(a)The delay or failure was beyond the control of the
party affected and not due to its fault or negligence;and
(b)The delay or failure was not extended because of
the affected party's failure to use all reasonable
diligence to overcome the obstacle or to resume
performance immediately after such obstacle was
overcome;and
(c)The affected party provides notice within(5)days
of the onset of the event,that it is invoking the
protection of this provision.
XVIII. Freedom of Information Requests. The
Contractor agrees to provide the Department with any
records which must be released in order to comply with
a request pursuant to the Freedom of Information Law.
The Department will provide the contractor with an
App. B 4/17/00 Page 7
Title 5, Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments
For Municipal Landfill Closure Projects
APPENDIX C
Documentation for Reimbursement Claims Made on State Aid Voucher
The Municipality must submit the following documentation to the Department in
support of reimbursement claims:
1) A summary showing one hundred percent(100%)of the costs claimed by major
category(e.g., salaries and wage supplies, equipment)should appear in the
Description of Charges section of the State Aid Vouchers;
2) For salaries and wages (personal services), schedule should be attached
showing the employees' names, titles, period covered, hours worked, rates and
amounts supporting the total shown on the State Aid Voucher;
3) For other than salaries and wages, schedules of source documents (voucher
and/or check number) should be attached showing the payees, brief description
of goods or services provided, and amount by category as shown on the State
Aid Voucher;
4) A copy of any sub-contracts into which the grantee entered under the project
must accompany the first claim which includes payments under the sub-
contract(s) in question. Copies of major change orders must be similarly
provided; and
5) Copies of grantee vouchers and/or canceled checks covering payments on
sub-contracts must be provided to support the amount of contractual services
included on the State Aid Vouchers.
6) The following sentence should be typed in the lower left corner of the
Description of Charges Section of the State Aid Vouchers:
The payee additionally certifies that the procurement of any goods and
services for which reimbursement is claimed was, to the extent applicable,
accomplished in accordance with the provisions of General Municipal Law
and in accordance with all other laws, rules and regulations governing
procurement by the payee.
` n
w
4New York State Department of Environmental Conservatit.-
Division of Management and Budget Services
Bureau of Federal and Municipal Accounts
50 Wolf Road,Albany, New York 12233-5022
John P. Cahill
Commissioner
Ms. Jean W. Cochran, Supervisor NOV 2 .5 1g9$
Town of Southold
53095 Main Road
Southold„ New York 11971
RE: Environmental Conservation Law,Article 54,Title 5
Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments for
Municipal Landfill Closure Projects
Contract No.C3OO485
Dear Ms. Cochran:
Enclosed for your records is one signed original copy of the above referenced
contract for your project files. The contract has been approved by the applicable State agencies.
If you have any questions regarding the contract, please contact Mr. Del Bedinotti at(518)457-7146.
Sincerely,
9a
Frank owski
Supervisor, Bureau of Federal
and Municipal Accounting Unit
Enclosure
cc w/o enclosure: Stephen Hammond,Director, Solid and Hazardous Material 0
Janet A resta contract file
cc with Enclosure: Del Bedinotti
F!TOWN
W 3 010
ERVISORS OFFICE
OF SOUTNOLp
CONTRACT NO. 0300485
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW (ECU, ARTICLE 54,
TITLE 5, NONHAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS
AND
ATICLE 56, TITLE 4, SOLID WASTE PROJECTS
CONTRACT FOR STATE ASSISTANCE PAYMENTS
FOR MUNICIPAL LANDFILL CLOSURE PROJECTS
THIS IS A CONTRACT MADE UNDER ARTICLES 54 AND 56 OF THE ENVIRONMENTAL CONSERVATION LAW
BETWEEN
THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
(HEREINAFTER REFERRED TO AS THE "DEPARTMENT")
WITH OFFICES AT 50 WOLF ROAD ALBANY, NEW YORK 1 2233-7250,
AND
THE TOWN OF SOUTHOLD
(HEREINAFTER REFERRED TO AS THE "MUNICIPALITY")
WITH OFFICES AT 53095 MAIN ROAD,SOUTHOLD, NY 1 197 1 .
PAGE I OF 1 2
WHEREAS, THE STATE LEGISLATURE HAS DETERMINED THAT THE EXISTENCE OF
INADEQUATELY CLOSED LANDFILLS IS A SIGNIFICANT THREAT TO NEW YORK STATES
ENVIRONMENT; AND
WHEREAS, THE DEPARTMENT IS AUTHORIZED BY ARTICLES 54 AND 56 OF THE NEW YORK
STATE ENVIRONMENTAL CONSERVATION LAW TO ENTER INTO CONTRACTS ON BEHALF OF
THE STATE TO PROVIDE STATE ASSISTANCE TO MUNICIPALITIES; AND
WHEREAS, THE MUNICIPALITY HAS APPLIED FOR STATE ASSISTANCE FOR THEIR
MUNICIPAL LANDFILL CLOSURE PROJECT; AND
WHEREAS, THE MUNICIPALITY AGREES TO UNDERTAKE ALL WORK AND TO COMPLY
WITH ALL TERMS AND CONDITIONS OF THIS CONTRACT; AND
WHEREAS, THE MUNICIPALITY HAS FILED WITH THE DEPARTMENT A DULY ADOPTED
RESOLUTION AUTHORIZING IT TO MAKE AN APPLICATION AND TO ENTER INTO AND
EXECUTE THIS CONTRACT FOR THE PURPOSE OF RECEIVING STATE ASSISTANCE; AND
WHEREAS, THE MUNICIPALITY REPRESENTS THAT IT HAS THE LEGAL STATUS
NECESSARY TO ENTER INTO THIS CONTRACT AND HAS AUTHORIZED THE PERSON SIGNING
THIS CONTRACT TO DO SO, AS EVIDENCED BY ATTACHED CERTIFIED RESOLUTION OF
THE MUNICIPALITY'S GOVERNING BODY; AND
WHEREAS, THE MUNICIPALITY AGREES THAT IT WILL FUND ITS PORTION OF THE
COST OF THE MUNICIPAL LANDFILL CLOSURE PROJECT; AND
WHEREAS, THE DEPARTMENTS EXECUTION OF THIS CONTRACT IS MADE IN
RELIANCE UPON THE INFORMATION PROVIDED BY, AND REPRESENTATIONS OF, THE
MUNICIPALITY IN ITS APPLICATION PAPERS AND IN THIS CONTRACT; AND
WHEREAS, THE MUNICIPALITY HAS AN OBLIGATION TO CLOSE ITS LANDFILL
UNDER THE PERMIT CONDITION, ADMINISTRATIVE ORDER, OR COURT ORDER CREATING
THE OBLIGATION; AND
WHEREAS, THE MUNICIPALITY IS COMPLIANT WITH AND COMMITS TO CONTINUE TO
COMPLY WITH THE REQUIREMENTS FOR STATE ASSISTANCE TO MUNICIPALITIES
ESTABLISHED UNDER ARTICLES 54 AND 56 OF THE ECL AND 6 NYCRR SUBPART 360-9;
NOW, THEREFORE,
PAGE 2 OF 1 2
THE DEPARTMENT AND THE MUNICIPALITY AGREE AS FOLLOWS:
I . DEFINITIONS.
A. TERMS USED IN THIS CONTRACT HAVE THE SAME MEANINGS AS SET FORTH IN 6
NYCRR PART 360 AND ARTICLE 54 AND/OR ARTICLE 56 OF THE ECL, DEPENDING
ON THE FUNDING SOURCE FOR THE PROJECT AND THE RESPECTIVE APPLICABLE ARTICLE OF ECL.
B. IN ADDITION, THE FOLLOWING TERMS IN THIS CONTRACT HAVE THE FOLLOWING
MEANINGS:
(1) "CONTRACTOR" IN APPENDICES A AND B MEANS THE MUNICIPALITY;
(11) "PARTIES" IN APPENDICES A AND B MEANS THE DEPARTMENT AND THE
MUNICIPALITY;
(110"PROJECT" MEANS THE MUNICIPAL LANDFILL CLOSURE PROJECT OF
THE MUNICIPALITY;
(IV) "MUNICIPAL LANDFILL CLOSURE PROJECT WORK PLAN" MEANS A
DOCUMENT WHICH PROVIDES A SCHEDULE OF COMPLETION FOR THE PROJECT
(SEE ATTACHMENT NO. I );
(V) "REIMBURSEMENT APPLICATION SCHEDULE MEANS A DOCUMENT WHICH
PROVIDES A SCHEDULE FOR REIMBURSEMENT APPLICATIONS (SEE ATTACHMENT NO. 2);
(VI) "STATE ASSISTANCE MEANS ANY MONEY PROVIDED AS A REIMBURSEMENT UNDER
TITLE 5 OF ARTICLE 54 AND/OR TITLE 4 OF ARTICLE 56 OF THE ECL, DEPENDING; AND,
ON THE FUNDING SOURCE FOR THE PROJECT AND THE RESPECTIVE APPLICABLE ARTICLE
OF THE ECL; AND,
(VII) "ELIGIBLE COSTS" MEANS THE CAPITAL COST OF A MUNICIPAL
LANDFILL CLOSURE PROJECT AS DEFINED IN 6 NYCRR SECTION 360-9.6,
ELIGIBLE AND INELIGIBLE COSTS.
2. STATE ASSISTANCE
A. THE DEPARTMENT AGREES TO REIMBURSE ONE HALF (FIFTY PERCENT) OF THE
MUNICIPALITY'S ELIGIBLE COSTS FOR THE MUNICIPAL LANDFILL CLOSURE PROJECT.
THE DEPARTMENTS REIMBURSEMENT TO THE MUNICIPALITY UNDER THIS CONTRACT,
HOWEVER, MUST NOT EXCEED THE SUM OF
ONE MILLION ONE HUNDRED THIRTY-TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS
( $ 1 , 1 32,500 ) . ONLY THOSE COSTS INCURRED DURING THE TERM
OF THIS CONTRACT THAT ARE DETERMINED TO BE "ELIGABLE COSTS" BY THE DEPARTMENT
ARE ELIGIBLE FOR REIMBURSEMENT.
B. THE MUNICIPALITY AGREES TO:
(1) COMPLETE THE PROJECT IN ACCORDANCE WITH PLANS AND REPORTS AS
APPROVED BY THE DEPARTMENT;
(11) PERFORM THE CLOSURE WORK ACCORDING TO THE ATTACHED SCHEDULE
OF COMPLETION (SEE ATTACHMENT NO. 1 );
PAGE 3 OF 1 2
(111) FILE PROGRESS REPORTS AT THE INTERVALS STIPULATED IN THE
ATTACHED SCHEDULE (SEE ATTACHMENT NO. 3); AND,
(IV) SUBMIT TO THE DEPARTMENT ALL PROJECT CHANGES WHICH MAY
SUBSTANTIALLY ALTER THE NATURE OR SCOPE OF THE PROJECT AND AFFECT
THE MUNICIPALITYs ABILITY TO COMPLY WITH ALL APPLICABLE LAWS AND
REGULATIONS.
C. STATE ASSISTANCE PAYMENTS WILL BE MADE TO THE MUNICIPALITY IN
INSTALLMENTS AS LISTED IN THE REIMBURSEMENT APPLICATION SCHEDULE (SEE
ATTACHMENT NO. 2), WHICH IS ATTACHED AND IS PART OF THIS CONTRACT.
REIMBURSEMENT CLAIMS MUST BE MADE ON A NEW YORK STATE AID VOUCHER AND
MUST BE ACCOMPANIED WITH ADEQUATE DOCUMENTATION AS OUTLINED IN
APPENDIX C.
THE DEPARTMENT WILL RETAIN TEN PERCENT ( 10%) OF EACH PAYMENT MADE
TO THE MUNICIPALITY. THE RETAINAGE ( 1 0%) IS TO BE PAID TO THE
MUNICIPALITY WHEN THE DEPARTMENT COMPLETES ITS FINAL INSPECTION AND
APPROVES THE PROJECT AS COMPLETE.
D. IF ADDITIONAL STATE ASSISTANCE MONIES BECOME AVAILABLE FOR THE
CLOSURE OF THE LANDFILL AND THE MUNICIPALITY DOES NOT HAVE A CONTRACT FOR
THE FULL AMOUNT FOR WHICH IT IS LEGALLY ENTITLED, THEN THE DEPARTMENT MAY
TAKE REASONABLE AND APPROPRIATE ACTION TO AMEND THE AMOUNT OF STATE
ASSISTANCE PAYABLE UNDER THIS CONTRACT TO THE MUNICIPALITY.
E. IF THE MUNICIPALITY FAILS TO COMPLY WITH THE TERMS OF THIS CONTRACT,
OR WITH ANY APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS, OR
(1) FAILS TO COMPLETE THE PROJECT AS PLANNED;
(11) FAILS TO PROCEED WITH THE PROJECT AS SCHEDULED;
(III) FAILS TO FILE PROGRESS REPORTS AT THE INTERVALS STIPULATED IN
THE ATTACHED SCHEDULE (SEE ATTACHMENT NO. 3);
(IV) CHANGES THE PROJECT IN ANY WAY THAT WILL SUBSTANTIALLY ALTER
THE NATURE OR SCOPE OF THE PROJECT; OR,
(V) TRANSFERS THE OWNERSHIP OF THE LANDFILL OR ANY PORTION OF
THE LANDFILL WITHOUT ADVANCE WRITTEN APPROVAL FROM THE DEPARTMENT;
THEN THE DEPARTMENT WILL NOTIFY THE MUNICIPALITY OF SUCH FAILURE.
THE DEPARTMENT WILL PUT THE REASONS FOR THE FAILURE DETERMINATION IN
WRITING AND WILL ALLOW THE MUNICIPALITY A PERIOD OF TIME (TO BE
DETERMINED BY THE DEPARTMENT AND STATED IN THE LETTER OF FAILURE
DETERMINATION) TO CORRECT THE FAILURE. .THE DEPARTMENT WILL WITHHOLD ALL
FUTURE STATE ASSISTANCE PAYMENTS UNDER THIS CONTRACT UNTIL THE FAILURE
HAS BEEN CORRECTED TO THE SATISFACTION OF THE DEPARTMENT.
PAGE 4 OF 1 2
IF THE FAILURE IS NOT CORRECTED WITHIN THE TIME PERIOD ESTABLISHED
BY THE DEPARTMENT, THEN THE DEPARTMENT WILL NOTIFY THE MUNICIPALITY THAT
IT IS IN BREACH OF CONTRACT. IF THE MUNICIPALITY IS IN BREACH OF
CONTRACT, THEN THE MUNICIPALITY AGREES TO IMMEDIATELY REPAY TO THE
DEPARTMENT ANY STATE ASSISTANCE MONIES RECEIVED BY THE MUNICIPALITY UNDER
THIS CONTRACT, PLUS APPROPRIATE INTEREST, AS PROVIDED BY LAW. IF THE
MUNICIPALITY FAILS TO REPAY THE STATE ASSISTANCE WITHIN 365 DAYS OF
NOTIFICATION, THE MUNICIPALITY AGREES THAT THE DEPARTMENT MAY TAKE ANY
LAWFUL MEASURES RELATING TO THE RECOVERY OF UNREPAID STATE ASSISTANCE
INCLUDING, BUT NOT LIMITED TO, THE DEDUCTION OF MONIES FROM OTHER STATE
FINANCIAL AID TO THE MUNICIPALITY.
3. MUNICIPAL COST RECOVERY FROM OTHER SOURCES
A. THE MUNICIPALITY AGREES TO TAKE ALL REASONABLE STEPS TO RECOVER ITS
PROJECT COSTS FROM OTHER SOURCES AND TO ASSIST THE STATE IN ITS EFFORT TO
RECOVER THE STATES PROJECT COSTS FROM OTHER SOURCES.
B. AT THE DEPARTMENTS REQUEST, THE MUNICIPALITY MUST PROVIDE THE
DEPARTMENT WITH DOCUMENTATION OF THE STEPS TAKEN UNDER SUBPARAGRAPH A
ABOVE.
C. THE ESTIMATED ELIGIBLE COST OF THE PROJECT, UPON WHICH STATE
ASSISTANCE IS CALCULATED, MUST NOT INCLUDE ANY COSTS WHICH ARE PAID OR
COMMITTED TO THE MUNICIPALITY FOR THE MUNICIPAL LANDFILL CLOSURE
PROJECT FROM OTHER SOURCES.
D. THE MUNICIPALITY MUST PROVIDE THE DEPARTMENT WITH TIMELY NOTICE
OF ANY COSTS PAID OR COMMITTED TO THE MUNICIPALITY FOR THE MUNICIPAL
LANDFILL CLOSURE PROJECT FROM OTHER SOURCES.
E. IF THERE ARE ANY PAYMENTS MADE OR COMMITTED TO THE MUNICIPALITY
FOR THE MUNICIPAL LANDFILL CLOSURE PROJECT FROM OTHER SOURCES WHICH
WERE NOT INCLUDED IN THE CALCULATION OF STATE ASSISTANCE, THEN THE
AMOUNT OF STATE ASSISTANCE WILL BE RECALCULATED ACCORDINGLY AND THE
MUNICIPALITY MUST REPAY TO THE STATE THE AMOUNT BY WHICH THE STATE
PAYMENT EXCEEDS THE RECALCULATED STATE ASSISTANCE.
IF THE MUNICIPALITY FAILS TO REPAY THE STATE ASSISTANCE WITHIN 365
DAYS OF NOTIFICATION, THE MUNICIPALITY AGREES THAT THE DEPARTMENT MAY
TAKE ANY LAWFUL MEASURES RELATING TO THE RECOVERY OF UNREPAID STATE
ASSISTANCE INCLUDING, BUT NOT LIMITED TO, THE DEDUCTION OF MONIES FROM
OTHER STATE FINANCIAL AID TO THE MUNICIPALITY.
4. PROJECT INSURANCE
A. THE MUNICIPALITY AGREES THAT IT WILL REQUIRE EACH PROJECT
CONSULTANT, PROJECT CONTRACTOR AND PROJECT SUBCONTRACTOR TO SECURE AND
DELIVER TO THE MUNICIPALITY APPROPRIATE POLICIES OF INSURANCE ISSUED BY
AN INSURANCE COMPANY LICENSED TO DO BUSINESS IN THE STATE. THESE
PAGE 5 OF 1 2
POLICIES MUST NAME THE MUNICIPALITY AS AN ADDITIONAL INSURED, WITH
APPROPRIATE LIMITS, COVERING CONTRACTORS PUBLIC LIABILITY AND PROPERTY
DAMAGE INSURANCE, CONTRACTORS CONTINGENCY LIABILITY INSURANCE "ALL-RISK"
INSURANCE AND WORKERS COMPENSATION FOR THE PROJECT. THE MUNICIPALITY
WILL REQUIRE THAT COPIES OF THE APPLICABLE INSURANCE POLICIES BE MADE
AVAILABLE TO THE DEPARTMENT FOR REVIEW UPON REQUEST.
B. THE MUNICIPALITY MUST REQUIRE EACH PROJECT CONSTRUCTION CONTRACTOR
AND PROJECT SUBCONTRACTOR TO PROVIDE SPECIFIC PERFORMANCE AND PAYMENT
BONDS EACH IN AMOUNTS NOT LESS THAN THE CONTRACTORS OR SUBCONTRACTORS
CONTRACT PRICE. THESE BONDS MUST REMAIN IN EFFECT FOR ONE YEAR BEYOND
THE DATE OF FINAL INSPECTION AND ACCEPTANCE BY THE MUNICIPALITY OF ANY
WORK UNDER SUCH CONTRACT. THE MUNICIPALITY MUST PARTICIPATE IN THE FLOOD
INSURANCE PROGRAM IF ANY PERMANENT CONSTRUCTION IS LOCATED IN A FLOOD
HAZARD AREA DELINEATED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
S. PROJECT MANAGEMENT
A. THE MUNICIPALITY AGREES THAT IT WILL COMPLETE THE PROJECT IN
ACCORDANCE WITH THE MUNICIPAL LANDFILL CLOSURE PROJECT WORK PLAN (SEE
ATTACHMENT NO. 1 ), PLANS AND SPECIFICATIONS, AND ANY AMENDMENTS APPROVED
BY THE DEPARTMENT OR APPROVED BY A COURT HAVING THE APPROPRIATE
JURISDICTION.
B. THE MUNICIPALITY AGREES TO DEVELOP AND SUBMIT TO THE DEPARTMENT
AN APPROVABLE PROJECT MANAGEMENT PLAN BY 08/30/98
THE PROJECT MANAGEMENT PLAN WILL DESCRIBE THE MUNICIPALITY'S PROJECT
MANAGEMENT STRUCTURE, PERSONNEL QUALIFICATIONS, PROCEDURES FOR FIELD
• OVERSIGHT AND THE SPECIFIC RECORDKEEPING, COST ACCOUNTING AND COST
CONTROL RESPONSIBILITIES AND PROCEDURES USED TO:
(1) IDENTIFY ALL ELIGIBLE AND INELIGIBLE COSTS AND SEGREGATE EACH
CATEGORY OF COSTS IN SEPARATE ACCOUNTS; AND TO
(11) MAINTAIN ADEQUATE ACCOUNTING AND FISCAL RECORDS WHICH SHOW THE
RECEIPT AND EXPENDITURE OF ALL MONIES FOR THE PROJECT. THESE
RECORDS MUST BE MADE AVAILABLE FOR AUDIT BY THE DEPARTMENT AND/OR
THE STATE COMPTROLLER FOR A PERIOD OF SIX YEARS AFTER THE FINAL
PAYMENT FOR THIS PROJECT.
THE PROJECT MANAGEMENT PLAN MUST BE APPROVED BY THE DEPARTMENT
BEFORE ANY STATE ASSISTANCE PAYMENTS ARE MADE TO THE MUNICIPALITY.
C. THE MUNICIPALITY WILL PERMIT THE DEPARTMENT TO PARTICIPATE IN ALL
ITS MEETINGS AND CONFERENCES WITH RESPECT TO THE PROJECT. UPON REQUEST
FROM THE DEPARTMENT THE MUNICIPALITY MUST SUBMIT TO THE DEPARTMENT
REPORTS, DOCUMENTS, DATA, CONTRACTUAL DOCUMENTS, ADMINISTRATIVE RECORDS
AND OTHER INFORMATION PERTINENT TO THE PROJECT.
PAGE 6 OF 1 2
D. THE MUNICIPALITY MUST GET WRITTEN DEPARTMENT APPROVAL TO USE THE
MUNICIPALITY'S EMPLOYEES TO PERFORM CONSTRUCTION, ENGINEERING, LEGAL OR
OTHER PROJECT RELATED ACTIVITIES. THE DEPARTMENT WILL APPROVE THESE
PROPOSALS IF THE MUNICIPALITY CAN DEMONSTRATE THAT THE MUNICIPALITY'S
EMPLOYEES POSSESS THE NECESSARY COMPETENCE TO PERFORM THE WORK IN
QUESTION AND THAT THE WORK CAN BE MORE ECONOMICALLY PERFORMED AND DONE ON
A TIMELY BASIS BY THE USE OF THE MUNICIPALITY'S EMPLOYEES. THE COST OF
ANY WORK PERFORMED BY THE MUNICIPALITY'S EMPLOYEES WHICH DOES NOT RECEIVE
WRITTEN DEPARTMENT APPROVAL WILL BE INELIGIBLE FOR REIMBURSEMENT. IF
WRITTEN DEPARTMENT APPROVAL IS GIVEN TO USE THE MUNICIPALITY'S EMPLOYEES
FOR A SPECIFIED TASK OR ACTIVITY, THE MUNICIPALITY MUST MAINTAIN SUCH
RECORDS AS THE DEPARTMENT WILL REQUIRE TO DOCUMENT THESE COSTS.
E. THE MUNICIPALITY MUST AT ALL TIMES PROVIDE AND MAINTAIN COMPETENT
AND ADEQUATE RESIDENT SUPERVISION AND INSPECTION UNDER THE DIRECTION OF A
PROFESSIONAL ENGINEER LICENSED BY THE STATE OF NEW YORK. THE LICENSED
PROFESSIONAL ENGINEER IS RESPONSIBLE FOR ENSURING THAT ALL CLOSURE WORK
CONFORMS TO THE APPROVED PLANS AND SPECIFICATIONS AND MUST CERTIFY TO THE
MUNICIPALITY AND TO THE DEPARTMENT THAT ALL WORK WAS COMPLETED IN
ACCORDANCE WITH DEPARTMENT APPROVED PLANS AND SPECIFICATIONS.
F. THE MUNICIPALITY AGREES TO ADVERTISE FOR AND SOLICIT PROJECT BIDS
WITHIN A REASONABLE TIME AFTER RECEIPT OF THE DEPARTMENTS APPROVAL OF
PLANS AND SPECIFICATIONS. THE MUNICIPALITY FURTHER AGREES TO AWARD
PROJECT CONTRACTS WITHIN A REASONABLE TIME AFTER OPENING THE BIDS.
G. THE MUNICIPALITY AGREES TO RESOLVE ALL BID PROTESTS AND TO NOTIFY
THE DEPARTMENT OF EACH BID PROTEST AND HOW IT WAS RESOLVED.
H. THE MUNICIPALITY REPRESENTS THAT IT HAS OR WILL OBTAIN THE TITLE TO
OR SUFFICIENT INTEREST IN THE PROJECT SITE, INCLUDING RIGHTS-OF-WAY AND
NECESSARY EASEMENTS, BEFORE THE START OF CONSTRUCTION TO ENSURE
UNDISTURBED USE AND POSSESSION FOR PURPOSES OF CONSTRUCTION AND
COMPLETION OF THE PROJECT.
I. THE MUNICIPALITY AGREES THAT IT IS FULLY RESPONSIBLE FOR THE
MAINTENANCE AND MONITORING OF THE PROJECT.
J. THE MUNICIPALITY AGREES THAT ALL WORK PERFORMED IN RELATION TO THE
PROJECT BY THE MUNICIPALITY OR ITS AGENTS, REPRESENTATIVES, OR
CONTRACTORS WILL CONFORM TO APPLICABLE FEDERAL, STATE AND LOCAL LAWS,
ORDINANCES, RULES AND REGULATIONS AND STANDARDS.
6. INSPECTION
A. THE MUNICIPALITY WILL PROVIDE THE DEPARTMENT UNRESTRICTED ACCESS TO
FIELD WORK DURING THE PREPARATION AND PROGRESS OF THE PROJECT. THE
MUNICIPALITY WILL REQUIRE THAT ALL CONTRACTS AND SUBCONTRACTS RELATING TO
THE PROJECT WILL CONTAIN PROVISIONS FOR UNRESTRICTED ACCESS AND
INSPECTION BY THE DEPARTMENT.
PAGE 7 OF 1 2
B. FACILITIES DEVELOPED OR EQUIPMENT PURCHASED WITH STATE ASSISTANCE
PROVIDED UNDER THIS CONTRACT WILL, UPON REQUEST, BE MADE AVAILABLE FOR
DEPARTMENT INSPECTION AT ANY REASONABLE TIME BY THE MUNICIPALITY.
C. THE MUNICIPALITY AGREES TO NOTIFY THE DEPARTMENT WHEN THE PROJECT IS
COMPLETE. THE DEPARTMENT WILL, WHEN THE FINAL WRITTEN PROJECT
CERTIFICATION IS RECEIVED FROM THE MUNICIPALITY, CONDUCT A FINAL
INSPECTION TO VERIFY IF THE COMPLETED PROJECT MEETS ALL APPLICABLE LAWS
AND REGULATIONS AND CONTRACT REQUIREMENTS.
7. ADDITIONAL OBLIGATIONS AND RESPONSIBILITIES OF THE MUNICIPALITY
A. THE MUNICIPALITY AGREES TO BE IN SUBSTANTIAL COMPLIANCE WITH ITS
OBLIGATION TO CLOSE THE LANDFILL AND TO WAIVE ANY RIGHT TO ASSISTANCE
UNDER SECTION 27- 13 13 OF THE ENVIRONMENTAL CONSERVATION LAW.
B. THE MUNICIPALITY AGREES NOT TO CONSTRUCT A NEW LANDFILL OVER THE
LANDFILL CLOSED UNDER THIS CONTRACT AND TO MONITOR AND MAINTAIN THIS
CLOSED LANDFILL IN ACCORDANCE WITH ALL APPLICABLE DEPARTMENT REGULATIONS
EFFECTIVE AT THE DATE OF THIS CONTRACT.
C. IF A MUNICIPALITY CLOSES ITS LANDFILL IN PHASES, THE MUNICIPALITY
AGREES TO CLOSE ALL SUBSEQUENT PHASES OF THIS FACILITY IN ACCORDANCE WITH
DEPARTMENT REGULATIONS FOR NEW LANDFILLS WHICH ARE IN EFFECT AT LEAST SIX
MONTHS BEFORE THE SUBSEQUENT PHASE BECOMES INACTIVE.
8. SIGNS
IN RECOGNITION OF THE STATE ASSISTANCE PROVIDED UNDER THIS CONTRACT
FOR THE PROJECT, THE MUNICIPALITY SHALL ERECT A PROJECT SIGN AT THE PROJECT
SITE NOTING THE STATES ASSISTANCE TO THE PROJECT. THE PROJECT SIGN SPECIFICATIONS
ARE ATTACHED TO AND MADE PART OF THIS CONTRACT AS APPENDIX D. THE PROJECT SIGN
SHALL REMAIN IN PLACE DURING THE CONSTRUCTION PERIOD.
9. NO WAIVER OF REMEDIES
THE MUNICIPALITY SHALL NOT BE REQUIRED TO MAKE ANY DEMAND UPON,
PURSUE OR EXHAUST ANY OF ITS RIGHTS OR REMEDIES AGAINST THE STATE. THE STATE
SHALL NOT BE REQUIRED TO MAKE ANY DEMAND UPON, PURSUE OR EXHAUST
ANY OF ITS RIGHTS OR REMEDIES AGAINST THE MUNICIPALITY. A DELAY OR
OMISSION BY THE STATE OR THE MUNICIPALITY IN EXERCISING ANY RIGHT UNDER
THIS CONTRACT SHALL NOT OPERATE AS A WAIVER OF THAT RIGHT OR ANY OTHER
RIGHT UNDER THIS CONTRACT. A WAIVER ON ANY OCCASION SHALL NOT BE
CONSTRUED AS A BAR TO OR A WAIVER OF ANY RIGHT AND/OR REMEDY ON ANY OTHER
OCCASION. NO WAIVER OR CONSENT IS BINDING UNLESS IT IS IN WRITING AND
EXECUTED BY THE DEPARTMENT AND THE MUNICIPALITY.
10. APPENDICES AND ATTACHMENTS
APPENDIX A, "STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS", AND
APPENDIX B, "STANDARD CLAUSES FOR ALL NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION CONTRACTS" ARE ATTACHED AND MADE A PART OF
PAGE 8 OF 1 2
THIS CONTRACT. ADDITIONAL ATTACHMENTS IDENTIFIED IN THIS CONTRACT ARE
ATTACHED AND MADE A PART OF THIS CONTRACT.
I I . TOTALITY OF CONTRACT: SEPARABILITY
THIS CONTRACT CONTAINS THE PROVISIONS, CONDITIONS, AND PROMISES
AGREED TO BETWEEN THE PARTIES. IF ANY PART OF THIS CONTRACT IS HELD
TO BE INVALID OR UNENFORCEABLE, THE INVALIDITY OR UNENFORCEABILITY OF
SUCH WILL NOT AFFECT THE REMAINDER OF THIS CONTRACT. THIS CONTRACT
WILL REMAIN VALID AS IF THE INVALID OR UNENFORCEABLE PART HAD NOT BEEN
CONTAINED.
1 2. TERM AND EFFECTIVE DATE
THE TERM OF THIS CONTRACT WILL BE FROM APRIL 1 , 1993 TO 12/31/2001
THIS CONTRACT WILL BE EFFECTIVE UPON APPROVAL AND FILING BY THE STATE COMPTROLLER IN
ACCORDANCE WITH SECTION 1 1 2 OF THE STATE FINANCE LAW.
1 3. AMENDMENTS
THIS CONTRACT INCLUDING THE ATTACHED APPENDICES AND ATTACHMENTS
MAY ONLY BE AMENDED BY A WRITTEN INSTRUMENT SIGNED BY BOTH PARTIES AND
APPROVED BY THE STATE COMPTROLLER.
14. AUTHORIZED REPRESENTATIVE FOR THE DEPARTMENT
THE DEPARTMENTS AUTHORIZED REPRESENTATIVE FOR THE IMPLEMENTATION
OF THIS CONTRACT AND FOR APPROVAL AND DIRECTION CALLED FOR IN THIS
CONTRACT IS THE DIRECTOR OF THE DIVISION OF SOLID & HAZARDOUS MATERIALS,
OR HIS DESIGNEE. WHENEVER IT IS PROVIDED IN THIS CONTRACT THAT NOTICE MUST
BE GIVEN OR OTHER COMMUNICATIONS SENT TO THE DEPARTMENT, THE NOTICES
OR COMMUNICATIONS WILL BE DELIVERED OR SENT TO:
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DIVISION OF SOLID & HAZARDOUS MATERIALS
50 WOLF ROAD
ALBANY, NEW YORK 12233-7250
ATTENTION: DIRECTOR, DIVISION OF SOLID & HAZARDOUS MATERIALS
PAGE 9 OF 1 2
1 5. AUTHORIZED REPRESENTATIVE FOR THE MUNICIPALITY
THE MUNICIPALITY'S AUTHORIZED REPRESENTATIVE FOR THE IMPLEMENTATION
OF THIS CONTRACT IS:
NAME: JEAN W. COCHRAN , SUPERVISOR
WHENEVER IT IS PROVIDED IN THIS CONTRACT THAT NOTICE MUST BE GIVEN OR
OTHER COMMUNICATIONS SENT TO THE MUNICIPALITY, THE NOTICES OR
COMMUNICATIONS WILL BE DELIVERED OR SENT TO:
MUNICIPALITY:TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD, NY 1 1971
ATTENTION: JEAN W. COCHRAN
SUPERVISOR
16. AFFIRMATIVE ACTION
THE MUNICIPALITY IS REQUESTED TO COMPLY WITH THE INTENT OF THE
AFFIRMATIVE ACTION PROVISIONS CONTAINED IN EXECUTIVE LAW, ARTICLE 15-A
AND ECL SECTIONS 52-0 1 I I AND 52-0 1 13. THE MUNICIPALITY IS REQUESTED
TO INCLUDE LANGUAGE CONTAINED IN APPENDIX B, CLAUSE VII IN ALL
CONTRACTS AWARDED FOR THIS PROJECT.
PAGE 1 0 OF 12
LANDFILL CLOSURE PROGRAM STATE ASSISTANCE CONTRACT SIGNATURE PAGE
MUNICIPALITY: TOWN OF SOUTHOLD - CONTRACT NO. C300485
IN WITNESS WHEREOF THE PARTIES HAVE HEREUNTO BY THEIR REPRESENTATIVES DULY
AUTHORIZED TO SET THEIR HANDS AND SEALS THE DAY AND YEAR APPEARING OPPOSITE THEIR
RESPECTIVE SIGNATURES.
MUNICIPALITY SIGNATURE:
BY THE SIGNATURE HEREUNDER, THE MUNICIPALITY REPRESENTS THAT IT HAS THE
LEGAL STATUS NECESSARY TO ENTER INTO THIS CONTRACT AND THAT THE PERSON
SIGNING IS AUTHORIZED TO DO SO AS EVIDENCED BY THE RESOLUTION OF ITS
LEGISLATIVE BODY ATTACHED HERETO.
AUTHORIZED REPRESENTATIVE JEAN W. COCHRAN
(TYPED NAME)
(SIGNATURE) DATED:
(TITLE) SUPERVISOR
MUNICIPALITY CERTIFICATION:
STATE OF NEW YORK )
SS.:
COUNTY OF SUFFOLK )
ON THIS h 5-t DAY OF OC-t-OIDe r 199g,
BEFORE ME PERSONALLY CAME MEAN W. COCHRAN, SUPERVISOR
(LIST NAME AND TITLE)
OF THE TOWN OF SOUTHOLD
(LIST POLITICAL SUBDIVISION OR AGENCY OF THE POLITICAL SUBDIVISION)
THE POLITICAL SUBDIVISION OR AGENCY THEREOF DESCRIBED IN AND WHICH EXECUTED
THE ABOVE INSTRUMENT: BY AUTHORITY OF So `th n�d —FO 'JN �RV a r-4
(ATTACHED CERTIFIED COPY OF ORDER, RESOLUTION, OR THE ORDINANCE AUTHORIZING
EXECUTION OF THIS CONTRACT) OF SAID POLITICAL SUBDIVISION, AND THAT (S)HE
SIGNED HIS/HER NAME BY THAT AUTHORITY.
ELIZABETH ANN NEVILLE
Notary Public,State of New York
No.52-125850,Suffolk CountyTerm E.IcniresOctober 31, 1952- NOTARY PUBLIC
PAGE I 1 OF 1 2
MUNICIPALITY: TOWN OF SOUTHOLD - CONTRACT NO. C300485
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
AGENCY CERTIFICATION:"IN ADDITON TO THE ACCEPTANCE OF THIS CONTRACT, I
ALSO CERTIFY THAT THE ORIGINAL SIGNATURE PAGES WILL BE ATTACHED TO ALL OTHER
EXACT COPIES OF THIS CONTRACT."
AGENCY SIGNATURE: cz DATED:
RICHARD K. RANDLES
DIRECTOR OF MANAGEMENT & BUDGET
APPROVED AS TO FORM:
ATTORNEY GENERALS SIGNATURE:
DATED:
COMPTROLLERS SIGNATURE:
DATED:
PAGE 1 2 OF 1 2
FOt jr
ELIZABETH A.NEVILLE y� Gym Town Hall, 53095 Main Road
TOWN CLERK o < P.O. Box 1179
w cn Z ` Southold New York 11971
REGISTRAR OF VITAL STATISTICS
y Fax (516) 765-1823
y
MARRIAGE OFFICER •
RECORDS MANAGEMENT OFFICER y�� �0�-' Telephone (516) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR
MEETING HELD ON SEPTEMBER 29, 1998:
WHEREAS, the Town of Southold has hereby determined that certain work,
as described in the State assistance application and any amendments
thereof, herein called the "Project" is desirable and in the public interest;
and
WHEREAS, Title 5 of Article 54 and Title 4 of Article 56 of the
Environmental Conservation Law authorized State assistance payments to
municipalities for closure of municipal landfills by means of a written
agreement and the Town of Southold deems it to be in the public interest
and benefit under this law to apply therewith; now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Jean W. Cochran as the official representative to act
in connection with any application between the Town of Southold and the
State, and to provide such additional information as may be required; and
that one (1) certified copy of this resolution be prepared and sent to the
Director, Division of Solid & Hazardous Materials, New York State
Department of Environmental Conservation, 50 Wolf Road, Albany, New York
12233-7250, together with the application; and that this resolution shall take
effect immediately.
a)41�- a. 7_�jMa
Elizabeth A. Neville
Southold Town Clerk
September 29, 1998
0 •
ATTACHMENT NO. I
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW (ECL), ARTICLE 54,
TITLE 5, NON-HAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS
AND
ARTICLE 56, TITLE 4, SOLID WASTE PROJECTS
CONTRACT FOR STATE ASSISTANCE PAYMENTS
FOR MUNICIPAL LANDFILL CLOSURE PROJECTS
STATE ASSISTANCE MUNICIPAL LANDFILL CLOSURE PROGRAM
(6 NYCRR SUBPART 360-9, REVISED DECEMBER 1 4, 1994
AND SEPTEMBER 29, 1 997)
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN
FACILITY NAME SOUTHOLD LANDFILL( PHASE 1 )
FACILITY ID# 52T92
FACILITY LOCATION COUNTY ROAD 48, CUTCHOGUE
COUNTY SUFFOLK
FACILf1Y OWNER TOWN OF SOUTHOLD
FACILITY OPERATOR
STAGE BEGIN DATE END DATE
PERFORM CLOSURE
INVESTIGATION 09/01/95 12/31/95
PERFORM CLOSURE
INVESTIGATION REPORT 01/01/96 12/31/95
( 12/94) PAGE I OF 2
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN (CONrD)
STAGE BEGIN DATE END DATE
PREPARE CLOSURE PLAN 02/01/98 08/30/98
PERFORM VECTOR
REMEDIATION, IF REQUIRED 03/01/99 04/01/99
CONSTRUCT LEACHATE
COLLECTION SYSTEM, IF
REQUIRED NA NA
CONSTRUCT GAS VENTING LAYER
AND GAS COLLECTION/CONTROL
. SYSTEM 04/01/99 05/30/99
CONSTRUCT BARRIER LAYER 05/0 1/99 07/31/99
CONSTRUCT BARRIER PROTECTION
LAYER 07/01/99 09/15/99
CONSTRUCT TOPSOIL LAYER 09/16/99 10/15/99
ESTABLISH VEGETATIVE COVER 10/16/99 11/30/99
PREPARE CONSTRUCTION
CERTIFICATION REPORT 11/30/99 12/31/99
( 12/94) PAGE 2 OF 2
ATTACHMENT NO. 2
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW (ECU, ARTICLE 54,
TITLE 5, NONHAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS
AND
ARTICLE 56, TITLE 4, SOLID WASTE PROJECTS
CONTRACT FOR STATE ASSISTANCE PAYMENTS
FOR MUNICIPAL LANDFILL CLOSURE PROJECTS
REIMBURSEMENT APPLICATION SCHEDULE
MILESTONE COMPLETION DATE
CONTRACT EXECUTION DATE OF COMPTROLLERS
SIGNATURE
INSTALLATION OF 07/31/99
BARRIER LAYER
SUBMITTAL OF CLOSURE 12/3 1/9Q
CERTIFICATION
( 12/96) PAGE I OF I
ATTACHMENT NO. 3
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW (ECU, ARTICLE 54,
TITLE 5, NONHAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS
AND
ARTICLE 56, TITLE 4, SOLID WASTE PROJECTS
CONTRACT FOR STATE ASSISTANCE PAYMENTS
FOR MUNICIPAL LANDFILL CLOSURE PROJECTS
PROGRESS REPORT SCHEDULE
MILESTONE COMPLETION DATE
CONTRACT EXECUTION DATE OF COMPTROLLERS
SIGNATURE
INSTALLATION OF
BARRIER LAYER 07/31/99
SUBMITTAL OF CLOSURE 12/31/99
CERTIFICATION
(7/91 ) PAGE I OF I
APPENDIX A THIS CONTRACT FOR THE BENEFIT OF SUCH EMPLOYEES
STANDARD CLAUSES FOR ALL AS ARE REQUIRED TO BE COVERED BY THE PROVISIONS
NEW YORK STATE CONTRACTS OF THE WORKERS' COMPENSATION LAW.
5. NON-DISCRIMINATION REQUIREMENTS. IN
THE PARTIES TO THE ATTACHED CONTRACT, ACCORDANCE WITH ARTICLE 15 OF THE EXECUTIVE LAW
LICENSE, LEASE, AMENDMENT OR OTHER AGREEMENT OF (ALSO KNOWN AS THE HUMAN RIGHTS LAW) AND ALL
ANY KIND (HEREINAFTER, "THE CONTRACT" OR "THIS OTHER STATE AND FEDERAL STATUTORY AND
CONTRACT") AGREE TO BE BOUND BY THE FOLLOWING CONSTITUTIONAL NON-DISCRIMINATION PROVISIONS, THE
CLAUSES WHICH ARE HEREBY MADE A PART OF THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST ANY
CONTRACT(THE WORD "CONTRACTOR" HEREIN REFERS EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE
TO ANY PARTY OTHER THAN THE STATE, WHETHER A OF RACE, CREED, COLOR, SEX, NATIONAL ORIGIN, AGE,
CONTRACTOR, LICENSER, LICENSEE, LESSOR, LESSEE DISABILITY OR MARITAL STATUS. FURTHERMORE, IN
OR ANY OTHER PARTY): ACCORDANCE WITH SECTION 220-E OF THE LABOR
LAW, IF THIS IS A CONTRACT FOR THE CONSTRUCTION,
EXECUTORY CLAUSE. IN ACCORDANCE WITH SECTION ALTERATION OR REPAIR OF ANY PUBLIC BUILDING OR
41 OF THE STATE FINANCE LAW, THE STATE SHALL PUBLIC WORK OR FOR THE MANUFACTURE, SALE OR
HAVE NO LIABILITY UNDER THIS CONTRACT TO THE DISTRIBUTION OF MATERIALS, EQUIPMENT OR SUPPLIES,
CONTRACTOR OR TO ANYONE ELSE BEYOND FUNDS AND TO THE EXTENT THAT THIS CONTRACT SHALL BE
APPROPRIATED AND AVAILABLE FOR THIS CONTRACT. PERFORMED WITHIN THE STATE OF NEW YORK,
CONTRACTOR AGREES THAT NEITHER IT NOR ITS
2. NOWASSIGNMENTCLAUSE. IN ACCORDANCE WITH SUBCONTRACTORS SHALL, BY REASON OR RACE, CREED,
SECTION 138 OF THE STATE FINANCE LAW, THIS COLOR, DISABILITY, SEX, OR NATIONAL ORIGIN: (A)
CONTRACT MAY NOT BE ASSIGNED BY THE CONTRACTOR DISCRIMINATE IN HIRING AGAINST ANY NEW YORK STATE
OR ITS RIGHT, TITLE OR INTEREST THEREIN ASSIGNED, CITIZEN WHO IS QUALIFIED AND AVAILABLE TO PERFORM
TRANSFERRED, CONVEYED, SUBLET OR OTHERWISE THE WORK; OR (B) DISCRIMINATE AGAINST OR INTIMIDATE
DISPOSED OF WITHOUT THE PREVIOUS CONSENT, IN ANY EMPLOYEE HIRED FOR THE PERFORMANCE OF WORK
WRITING, OF THE STATE AND ANY ATTEMPTS TO ASSIGN UNDER THIS CONTRACT. IF THIS IS A BUILDING SERVICE
THE CONTRACT WITHOUT THE STATE'S WRITTEN CONSENT CONTRACT AS DEFINED IN SECTION 230 OF THE LABOR
ARE NULL AND VOID. THE CONTRACTOR MAY, HOWEVER, LAW, THEN, IN ACCORDANCE WITH SECTION, 239
ASSIGN ITS RIGHT TO RECEIVE PAYMENT WITHOUT THE THEREOF, CONTRACTOR AGREES THAT NEITHER IT NOR
STATE'S PRIOR WRITTEN CONSENT UNLESS THIS ITS SUBCONTRACTORS SHALL, BY REASON OF RACE,
CONTRACT CONCERNS CERTIFICATES OF PARTICIPATION CREED, COLOR, NATIONAL ORIGIN, AGE, SEX OR
PURSUANT TO ARTICLE 5-A OF THE STATE FINANCE LAW. DISABILITY: (A) DISCRIMINATE IN HIRING AGAINST ANY NEW
YORK STATE CITIZEN WHO IS QUALIFIED AND AVAILABLE
3. COMPTROLLER'S APPROVAL. IN ACCORDANCE TO PERFORM THE WORK; OR (B) DISCRIMINATE AGAINST
WITH SECTION I 1 2 OF THE STATE FINANCE LAW(OR, IF OR INTIMIDATE ANY EMPLOYEE HIRED FOR THE
THIS CONTRACT IS WITH THE STATE UNIVERSITY OR CITY PERFORMANCE OF WORK UNDER THIS CONTRACT.
UNIVERSITY OF NEW YORK, SECTION 355 OR SECTION CONTRACTOR IS SUBJECT TO FINES OF $50.00 PER
62 18 OF THE EDUCATION LAW), IF THIS CONTRACT PERSON PER DAY FOR ANY VIOLATION OF SECTION 220-
EXCEEDS $10,000 (OR THE MINIMUM THRESHOLDS E OR SECTION 239 AS WELL AS POSSIBLE TERMINATION
AGREED TO BY THE OFFICE OF THE STATE OF THIS CONTRACT AND FORFEITURE OF ALL MONEYS
COMPTROLLER FOR CERTAIN S.U.N.Y. AND C.U.N.Y DUE HEREUNDER FOR A SECOND OR SUBSEQUENT
CONTRACTS), OR IF THIS IS AN AMENDMENT FOR ANY VIOLATION.
AMOUNT TO A CONTRACT WHICH, AS SO AMENDED,
EXCEEDS SAID STATUTORY AMOUNT, OR IF, BY TH15 6. WAGE AND HOURS PROVISIONS. IF THIS IS A
CONTRACT, THE STATE AGREES TO GIVE SOMETHING PUBLIC WORK CONTRACT COVERED BY ARTICLE 8 OF
OTHER THAN MONEY WHEN THE VALUE OR REASONABLY THE LABOR LAW OR A BUILDING SERVICE CONTRACT
ESTIMATED VALUE OF SUCH CONSIDERATION EXCEEDS COVERED BY ARTICLE 9 THEREOF, NEITHER
$10,000, IT SHALL NOT BE VALID, EFFECTIVE OR CONTRACTOR'S EMPLOYEES NOR THE EMPLOYEES OF ITS
BINDING UPON THE STATE UNTIL IT HAS BEEN APPROVED SUBCONTRACTORS MAY BE REQUIRED OR PERMITTED TO
BY THE STATE COMPTROLLER AND FILED IN HIS OFFICE. WORK MORE THAN THE NUMBER OF HOURS OR DAYS
STATED IN SAID STATUTES, EXCEPT AS OTHERWISE
4. WORKERS' COMPENSATION BENEFITS. IN PROVIDED IN THE LABOR LAW AND AS SET FORTH IN
ACCORDANCE WITH SECTION 142 OF THE STATE PREVAILING WAGE AND SUPPLEMENT SCHEDULES ISSUED
FINANCE LAW, THIS CONTRACT SHALL BE VOID AND OF BY THE STATE LABOR DEPARTMENT. FURTHERMORE,
NO FORCE AND EFFECT UNLESS THE CONTRACTOR SHALL CONTRACTOR AND ITS SUBCONTRACTORS MUST PAY AT
PROVIDE AND MAINTAIN COVERAGE DURING THE LIFE OF LEAST THE PREVAILING WAGE RATE AND PAY OR PROVIDE
1 of 5
THE PREVAILING SUPPLEMENTS, INCLUDING THE THERETO. THE STATE SHALL EXERCISE ITS SET-OFF
PREMIUM RATES FOR OVERTIME PAY, AS DETERMINED BY RIGHTS IN ACCORDANCE WITH NORMAL STATE PRACTICES
THE STATE LABOR DEPARTMENT IN ACCORDANCE WITH INCLUDING, IN CASES OF SET-OFF PURSUANT TO AN
THE LABOR LAW. AUDIT, THE FINALIZATION OF SUCH AUDIT BY THE STATE
AGENCY, ITS REPRESENTATIVES, OR THE STATE
7. NONCOLLUSIVE BIDDING REQUIREMENT. IN COMPTROLLER.
ACCORDANCE WITH SECTION I39-D OF THE STATE
FINANCE LAW, IF THIS CONTRACT WAS AWARDED BASED 10. RECORDS. THE CONTRACTOR SHALL ESTABLISH
UPON THE SUBMISSION OF BIDS, CONTRACTOR AND MAINTAIN COMPLETE AND ACCURATE BOOKS,
WARRANTS, UNDER PENALTY OF PERJURY, THAT ITS BID RECORDS, DOCUMENTS, ACCOUNTS AND OTHER
WAS ARRIVED AT INDEPENDENTLY AND WITHOUT EVIDENCE DIRECTLY PERTINENT TO PERFORMANCE
COLLUSION AIMED AT RESTRICTING COMPETITION. UNDER THIS CONTACT (HEREINAFTER, COLLECTIVELY,
CONTRACTOR FURTHER WARRANTS THAT, AT THE TIME "THE RECORDS"). THE RECORDS MUST BE KEPT FOR
CONTRACTOR SUBMITTED ITS BID, AN AUTHORIZED AND THE BALANCE OF THE CALENDAR YEAR IN WHICH THEY
RESPONSIBLE PERSON EXECUTED AND DELIVERED TO WERE MADE AND FOR SIX (6) ADDITIONAL YEARS
THE STATE A NON-COLLUSIVE BIDDING CERTIFICATION ON THEREAFTER. THE STATE COMPTROLLER, THE
CONTRACTOR'S BEHALF, ATTORNEY GENERAL AND ANY OTHER PERSON OR ENTITY
AUTHORIZED TO CONDUCT AN EXAMINATION, AS WELL AS
8. INTERNATIONAL BOYCOTT PROHIBITION. IN THE AGENCY OR AGENCIES INVOLVED IN THIS CONTRACT,
ACCORDANCE WITH SECTION 220-F OF THE LABOR LAW SHALL HAVE ACCESS TO THE RECORDS DURING NORMAL
AND SECTION 139-H OF THE STATE FINANCE LAW, IF BUSINESS HOURS AT AN OFFICE OF THE CONTRACTOR
THIS CONTRACT EXCEEDS $5,000, THE CONTRACTOR WITHIN THE STATE OF NEW YORK OR, IF NO SUCH
AGREES, AS A MATERIAL CONDITION OF THE CONTRACT, OFFICE IS AVAILABLE, AT A MUTUALLY AGREEABLE AND
THAT NEITHER THE CONTRACTOR NOR ANY REASONABLE VENUE WITHIN THE STATE, FOR THE TERM
SUBSTANTIALLY OWNED OR AFFILIATED PERSON, FIRM, SPECIFIED ABOVE FOR THE PURPOSES OF INSPECTION,
PARTNERSHIP OR CORPORATION HAS PARTICIPATED, IS AUDITING AND COPYING. THE STATE SHALL TAKE
PARTICIPATING, OR SHALL PARTICIPATE IN AN REASONABLE STEPS TO PROTECT FROM PUBLIC
INTERNATIONAL BOYCOTT IN VIOLATION OF THE FEDERAL DISCLOSURE ANY OF THE RECORDS WHICH ARE EXEMPT
EXPORT ADMINISTRATION ACT OF 1979 (50 USC APP. FROM DISCLOSURE UNDER SECTION 87 OF THE PUBLIC
SECTIONS 2401 ET SEQ.) OR REGULATIONS OFFICERS LAW (THE 'STATUTE") PROVIDED THAT: (1)
THEREUNDER. IF SUCH CONTRACTOR, OR ANY OF THE THE CONTRACTOR SHALL TIMELY INFORM AN
AFORESAID AFFILIATES OF CONTRACTOR, IS CONVICTED APPROPRIATE STATE OFFICIAL, IN WRITING, THAT SAID
OR IS OTHERWISE FOUND TO HAVE VIOLATED SAID LAWS RECORDS SHOULD NOT BE DISCLOSED; AND (II) SAID
OR REGULATIONS UPON THE FINAL DETERMINATION OF RECORDS SHALL BE SUFFICIENTLY IDENTIFIED; AND (III)
THE UNITED STATES COMMERCE DEPARTMENT OR ANY DESIGNATION OF SAID RECORDS AS EXEMPT UNDER THE
OTHER APPROPRIATE AGENCY OF THE UNITED STATES STATUTE IS REASONABLE. NOTHING CONTAINED HEREIN
SUBSEQUENT TO THE CONTRACT'S EXECUTION, SUCH SHALL DIMINISH, OR IN ANY WAY ADVERSELY AFFECT,
CONTRACT, AMENDMENT OR MODIFICATION THERETO THE STATE'S RIGHT TO DISCOVERY IN ANY PENDING OR
SHALL BE RENDERED FORFEIT AND VOID. THE FUTURE LITIGATION.
CONTRACTOR SHALL SO NOTIFY THE STATE
COMPTROLLER WITHIN FIVE(5)BUSINESS DAYS OF SUCH 1 1 . IDENTIFYING INFORMATION AND PRIVACY
CONVICTION, DETERMINATION OR DISPOSITION OF APPEAL NOTIFICATION. (A) FEDERAL EMPLOYER
(2NYCRR 105.4). IDENTIFICATION NUMBER AND/OR FEDERAL SOCIAL
SECURfIY NUMBER. ALL INVOICES OR NEW YORK
9. SETOFF RIGHTS. THE STATE SHALL HAVE ALL OF STATE STANDARD VOUCHERS SUBMITTED FOR PAYMENT
ITS COMMON LAW, EQUITABLE AND STATUTORY RIGHTS FOR THE SALE OF GOODS OR SERVICES OR THE LEASE
OF SET-OFF. THESE RIGHTS SHALL INCLUDE, BUT NOT OF REAL OR PERSONAL PROPERTY TO A NEW YORK
BE UMITED TO, THE STATE'S OPTION TO WITHHOLD FOR STATE AGENCY MUST INCLUDE THE PAYEE'S
THE PURPOSES OF SET-OFF ANY MONEYS DUE TO THE IDENTIFICATION NUMBER, I.E., THE SELLER'S OR
CONTRACTOR UNDER THIS CONTRACT UP TO ANY LESSOR'S IDENTIFICATION NUMBER. THE NUMBER IS
AMOUNTS DUE AND OWING TO THE STATE WITH REGARD EITHER THE PAYEE'S FEDERAL, EMPLOYER
TO THIS CONTRACT, ANY OTHER CONTRACT WITH ANY IDENTIFICATION NUMBER OR FEDERAL SOCIAL SECURITY
STATE DEPARTMENT OR AGENCY, INCLUDING ANY NUMBER, OR BOTH SUCH NUMBERS WHEN THE PAYEE
CONTRACT FOR A TERM COMMENCING PRIOR TO THE HAS BOTH SUCH NUMBERS. FAILURE TO INCLUDE THIS
TERM OF THIS CONTRACT, PLUS ANY AMOUNTS DUE AND NUMBER OR NUMBERS MAY DELAY PAYMENT. WHERE
OWING TO THE STATE FOR ANY OTHER REASON THE PAYEE DOES NOT HAVE SUCH NUMBER OR
INCLUDING, WITHOUT LIMITATION, TAX DELINQUENCIES, NUMBERS, THE PAYEE, ON ITS INVOICE OR NEW YORK
FEE DELINQUENCIES OR MONETARY PENALTIES RELATIVE STATE STANDARD VOUCHER, MUST GIVE THE REASON OR
2 of 5
REASONS WHY THE PAYEE DOES NOT HAVE SUCH EMPLOYEES OR APPLICANTS FOR EMPLOYMENT BECAUSE
NUMBER OR NUMBERS. OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE,
DISABILITY OR MARITAL STATUS,AND WILL UNDERTAKE OR
(B) PRIVACY NOTIFICATION. (1) THE AUTHORITY TO CONTINUE EXISTING PROGRAMS OF AFFIRMATIVE ACTION
REQUEST THE ABOVE PERSONAL INFORMATION FROM A TO ENSURE THAT MINORITY GROUP MEMBERS AND
SELLER OF GOODS OR SERVICES OR A LESSOR OF REAL WOMEN ARE AFFORDED EQUAL EMPLOYMENT
OR PERSONAL PROPERTY, AND THE AUTHORITY TO OPPORTUNITIES WITHOUT DISCRIMINATION. AFFIRMATIVE
MAINTAIN SUCH INFORMATION, IS FOUND IN SECTION 5 ACTION SHALL MEAN RECRUITMENT, EMPLOYMENT, JOB
OF THE STATE TAX LAW. DISCLOSURE OF THIS ASSIGNMENT, PROMOTION, UPGRADINGS, DEMOTION,
INFORMATION BY THE SELLER OR LESSOR TO THE STATE TRANSFER, LAYOFF, OR TERMINATION AND RATES OF PAY
IS MANDATORY. THE PRINCIPAL PURPOSE FOR WHICH OR OTHER FORMS OF COMPENSATION;
THE INFORMATION IS COLLECTED IS TO ENABLE THE
STATE TO IDENTIFY INDIVIDUALS, BUSINESSES AND (B)AT THE REQUEST OF THE CONTRACTING AGENCY,THE
OTHERS WHO HAVE BEEN DELINQUENT IN FILING TAX CONTRACTOR SHALL REQUEST EACH EMPLOYMENT
RETURNS OR MAY HAVE UNDERSTATED THEIR TAX AGENCY, LABOR UNION, OR AUTHORIZED
LIABILITIES AND TO GENERALLY IDENTIFY PERSONS REPRESENTATIVE OF WORKERS WITH WHICH IT HAS A
AFFECTED BY THE TAXES ADMINISTERED BY THE COLLECTIVE BARGAINING OR OTHER AGREEMENT OR
COMMISSIONER OF TAXATION AND FINANCE. THE UNDERSTANDING, TO FURNISH A WRITTEN STATEMENT
INFORMATION WILL BE USED FOR TAX ADMINISTRATION THAT SUCH EMPLOYMENT AGENCY, LABOR UNION OR
PURPOSES AND FOR ANY OTHER PURPOSE AUTHORIZED REPRESENTATIVE WILL NOT DISCRIMINATE ON THE BASIS
BY LAW. OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE,
DISABILITY OR MARITAL STATUS AND THAT SUCH UNION
(2)THE PERSONAL INFORMATION IS REQUESTED BY THE OR REPRESENTATIVE WILL AFFIRMATIVELY COOPERATE IN
PURCHASING UNIT OF THE AGENCY CONTRACTING TO THE IMPLEMENTATION OF THE CONTRACTOR'S
PURCHASE THE GOODS OR SERVICES OR LEASE THE OBLIGATIONS HEREIN; AND
REAL OR PERSONAL PROPERTY COVERED BY THIS
CONTRACTOR LEASE. THE INFORMATION IS MAINTAINED (C) THE CONTRACTOR SHALL STATE, IN ALL
IN NEW YORK STATE'S CENTRAL ACCOUNTING SYSTEM SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES,
BY THE DIRECTOR OF STATE ACCOUNTS,OFFICE OF THE THAT, IN THE PERFORMANCE OF THE STATE CONTRACT,
STATE COMPTROLLER, AESOB, ALBANY, NEW YORK ALL QUALIFIED APPLICANTS WILL BE AFFORDED EQUAL
12236. EMPLOYMENT OPPORTUNITIES WITHOUT DISCRIMINATION
BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN,
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR SEX, AGE, DISABILITY OR MARITAL STATUS.
MINORITIES AND WOMEN. IN ACCORDANCE WITH
SECTION 31 2 OF THE EXECUTIVE LAW, IF THIS CONTRACTOR WILL INCLUDE THE PROVISIONS OF "A",
CONTRACT IS: WA WRITTEN AGREEMENT OR PURCHASE "B 11, AND "C" ABOVE, IN EVERY SUBCONTRACT OVER
ORDER INSTRUMENT, PROVIDING FOR A TOTAL $25,000.00 FOR THE CONSTRUCTION, DEMOLITION,
EXPENDITURE IN EXCESS OF $25,000.00, WHEREBY REPLACEMENT, MAJOR REPAIR, RENOVATION, PLANNING
A CONTRACTING AGENCY IS COMMITTED TO EXPEND OR OR DESIGN OF REAL PROPERTY AND IMPROVEMENTS
DOES EXPEND FUNDS IN RETURN FOR LABOR, SERVICES, THEREON (THE "WORK") EXCEPT WHERE THE WORK IS
SUPPLIES, EQUIPMENT, MATERIALS OR ANY COMBINATION FOR THE BENEFICIAL USE OF THE CONTRACTOR.
OF THE FOREGOING, TO BE PERFORMED FOR, OR SECTION 31 2 DOES NOT APPLY TO: (1) WORK, GOODS
RENDERED OR FURNISHED TO THE CONTRACTING OR SERVICES UNRELATED TO THIS CONTRACT; OR (11)
AGENCY; OR (11) A WRITTEN AGREEMENT IN EXCESS OF EMPLOYMENT OUTSIDE NEW YORK STATE; OR (111)
$ 100.000.00 WHEREBY A CONTRACTING AGENCY IS BANKING SERVICES, INSURANCE POLICIES OR THE SALE
COMMITTED TO EXPEND OR DOES EXPEND FUNDS FOR OF SECURITIES. THE STATE SHALL CONSIDER
THE ACQUISITION, CONSTRUCTION, DEMOLITION, COMPLIANCE BY A CONTRACTOR OR SUBCONTRACTOR
REPLACEMENT, MAJOR REPAIR OR RENOVATION OF REAL WITH THE REQUIREMENTS OF ANY FEDERAL LAW
PROPERTY AND IMPROVEMENTS THEREON; OR (111) A CONCERNING EQUAL EMPLOYMENT OPPORTUNITY WHICH
WRITTEN AGREEMENT IN EXCESS OF $ 100,000.00 EFFECTUATES THE PURPOSE OF THIS SECTION. THE
WHEREBY THE OWNER OF A STATE ASSISTED HOUSING CONTRACTING AGENCY SHALL DETERMINE WHETHER THE
PROJECT IS COMMITTED TO EXPEND OR DOES EXPEND IMPOSITION OF THE REQUIREMENTS OF THE PROVISIONS
FUNDS FOR THE ACQUISITION, CONSTRUCTION, HEREOF DUPLICATE OR CONFLICT WITH ANY SUCH
DEMOLITION, REPLACEMENT, MAJOR REPAIR OR FEDERAL LAW AND IF SUCH DUPLICATION OR CONFLICT
RENOVATION OF REAL PROPERTY AND IMPROVEMENTS EXISTS, THE CONTRACTING AGENCY SHALL WAIVE THE
THEREON FOR SUCH PROJECT, THEN: APPLICABILITY OF SECTION 3 1 2 TO THE EXTENT OF
SUCH DUPLICATION OR CONFLICT. CONTRACTOR WILL
(A) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST COMPLY WITH ALL DULY PROMULGATED AND LAWFUL
3 of 5
RULES AND REGULATIONS OF THE GOVERNOR'S OFFICE RESPONSIBILITY OF THE CONTRACTOR TO ESTABLISH TO
OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT MEET WITH THE APPROVAL OF THE STATE.
PERTAINING HERETO.
IN ADDITION, WHEN ANY PORTION OF THIS CONTRACT
13. CONFLICTING TERMS. IN THE EVENT OF A INVOLVING THE USE OF WOODS, WHETHER SUPPLY OR
CONFLICT BETWEEN THE TERMS OF THE CONTRACT INSTALLATION, IS TO BE PERFORMED BY ANY
(INCLUDING ANY AND ALL ATTACHMENTS THERETO AND SUBCONTRACTOR, THE PRIME CONTRACTOR WILL
AMENDMENTS THEREOF) AND THE TERMS OF THIS INDICATE AND CERTIFY IN THE SUBMITTED BID PROPOSAL
APPENDIX A, THE TERMS OF THIS APPENDIX A SHALL THAT THE SUBCONTRACTOR HAS BEEN INFORMED AND IS
CONTROL. IN COMPLIANCE WITH SPECIFICATIONS AND PROVISIONS
REGARDING USE OF TROPICAL HARDWOODS AS DETAILED
14. GOVERNING LAW. THIS CONTRACT SHALL BE IN SECTION 165 OF THE STATE FINANCE LAW. ANY
GOVERNED BY THE LAWS OF THE STATE OF NEW YORK SUCH USE MUST MEET WITH THE APPROVAL OF THE
EXCEPT WHERE THE FEDERAL SUPREMACY CLAUSE STATE; OTHERWISE, THE BID MAY NOT BE CONSIDERED
REQUIRES OTHERWISE. RESPONSIVE. UNDER BIDDER CERTIFICATIONS, PROOF
OF QUALIFICATION FOR EXEMPTION WILL BE THE
15. LATE PAYMENT. TIMELINESS OF PAYMENT AND RESPONSIBILITY OF THE CONTRACTOR TO MEET WITH THE
ANY INTEREST TO BE PAID TO CONTRACTOR FOR LATE APPROVAL OF THE STATE.
PAYMENT SHALL BE GOVERNED BY ARTICLE XI-A OF THE
STATE FINANCE LAW TO THE EXTENT REQUIRED BY LAW. 19. MACBRIDE FAIR EMPLOYMENT PRIN-CIPLES. IN
ACCORDANCE WITH THE MACBRIDE FAIR EMPLOYMENT
16. NO ARBITRATION. DISPUTES INVOLVING THIS PRINCIPLES (CHAPTER 807 OF THE LAWS OF 1992),
CONTRACT, INCLUDING THE BREACH OR ALLEGED THE CONTRACTOR HEREBY STIPULATES, THAT THE
BREACH THEREOF, MAY NOT BE SUBMITTED TO BINDING CONTRACTOR EITHER(A) HAS NO BUSINESS OPERATIONS
ARBITRATION (EXCEPTWHERESTATUTORILYAUTHORIZED), IN, NORTHERN IRELAND, OR (B) SHALL TAKE LAWFUL
BUT MUST, INSTEAD, BE HEARD IN A COURT OF STEPS IN GOOD FAITH TO CONDUCT ANY BUSINESS
COMPETENT JURISDICTION OF THE STATE OF NEW YORK. OPERATIONS IN NORTHERN IRELAND IN ACCORDANCE
WITH THE MACBRIDE FAIR EMPLOYMENT PRINCIPLES (AS
17. SERVICE OF PROCESS. IN ADDITION TO THE DESCRIBED IN SECTION 165 OF THE NEW YORK STATE
METHODS OF SERVICE ALLOWED BY THE STATE CIVIL FINANCE LAW), AND SHALL PERMIT INDEPENDENT
PRACTICE LAW & RULES ("CPLR"), CONTRACTOR MONITORING OF COMPLIANCE WITH SUCH PRINCIPLES.
HEREBY CONSENTS TO SERVICE OF PROCESS UPON IT
BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT 20. OMNIBUS PROCUREMENTACT OF 1992. IT IS
REQUESTED. SERVICE HEREUNDER SHALL BE THE POLICY OF NEW YORK STATE TO MAXIMIZE
COMPLETE UPON CONTRACTOR'S ACTUAL RECEIPT OF OPPORTUNITIES FOR THE PARTICIPATION OF NEW YORK
PROCESS OR UPON THE STATE'S RECEIPT OF THE STATE BUSINESS ENTERPRISES,INCLUDING MINORITY AND
RETURN THEREOF BY THE UNITED STATES POSTAL WOMEN-OWNED BUSINESS ENTERPRISES AS BIDDERS,
SERVICE AS REFUSED OR UNDELIVERABLE. SUBCONTRACTORS AND SUPPLIERS ON ITS
CONTRACTOR MUST PROMPTLY NOTIFY THE STATE, IN PROCUREMENT CONTRACTS.
WRITING, OF EACH AND EVERY CHANGE OF ADDRESS TO
WHICH SERVICE OF PROCESS CAN BE MADE. SERVICE INFORMATION ON THE AVAILABILITY OF NEW YORK STATE
BY THE STATE TO THE.LAST KNOWN ADDRESS SHALL BE SUBCONTRACTORS AND SUPPLIERS IS AVAILABLE FROM:
SUFFICIENT. CONTRACTOR WILL HAVE THIRTY (30)
CALENDAR DAYS AFTER SERVICE HEREUNDER IS EMPIRE STATE DEVELOPMENT CORP.
COMPLETE IN WHICH TO RESPOND. DIVISION OF SMALL BUSINESS
ONE COMMERCE PLAZA
18. PROHIBITION ON PURCHASE OF TROPICAL ALBANY, NEW YORK 1 2245
HARDWOODS. THE CONTRACTOR CERTIFIES AND PHONE: (5 1 8) 473-0499
WARRANTS THAT ALL WOOD PRODUCTS TO BE USED FAX: (5 1 8) 474-1 5 1 2
UNDER THIS CONTRACT AWARD WILL BE IN ACCORDANCE
WITH, BUT NOT LIMITED TO, THE SPECIFICATIONS AND A DIRECTORYOF MINORITYAND WOMEN-OWNED BUSINESS
PROVISIONS OF STATE FINANCE LAW SECTION 165. ENTERPRISES IS AVAILABLE FROM
(USE OF TROPICAL HARDWOODS) WHICH PROHIBITS
PURCHASE AND USE OF TROPICAL HARDWOODS, UNLESS EMPIRE STATE DEVELOPMENT CORP.
SPECIFICALLY EXEMPTED, BY THE STATE OR ANY MINORITY&WOMEN'S BUSINESS DEVLPMT DIV.
GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION OR ONE COMMERCE PLAZA
PUBLIC BENEFIT CORPORATION. QUALIFICATION FOR AN ALBANY, NEW YORK 1 2245
EXEMPTION UNDER THIS LAW WILL BE THE PHONE: (51 8) 473-0582
4 of 5
FAX: (51 8) 473-0665
AND REVISED JANUARY 1996
EMPIRE STATE DEVELOPMENT CORP.
633 THIRD AVENUE
NEW YORK, NY 100 1 7
PHONE: (21 2) 803-2414
FAX: (21 2) 803-3223
INTERNET: WWW.EMPIRE.STATE.NY.US\ESD.HTM
THE OMNIBUS PROCUREMENTACT OF 1992 REQUIRES
THAT BY SIGNING THIS BID PROPOSAL OR CONTRACT, AS
APPLICABLE, CONTRACTORS CERTIFY THAT WHENEVER
THE TOTAL BID AMOUNT IS GREATER THAN $ 1 MILLION:
(A)THE CONTRACTOR HAS MADE REASONABLE EFFORTS
TO ENCOURAGE THE PARTICIPATION OF NEW YORK STATE
BUSINESS ENTERPRISES AS SUPPLIERS AND
SUBCONTRACTORS,INCLUDING CERTIFIED MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES, ON THIS-
PROJECT, AND HAS RETAINED THE DOCUMENTATION OF
THESE EFFORTS TO BE PROVIDED UPON REQUEST TO
THE STATE;
(B)THE CONTRACTOR HAS COMPLIED WITH THE FEDERAL
EQUAL OPPORTUNITY ACT OF 1972 (P.L. 92-26 1),
AS AMENDED;
(C) THE CONTRACTOR AGREES TO MAKE REASONABLE
EFFORTS TO PROVIDE NOTIFICATION TO NEW YORK STATE
RESIDENTS OF EMPLOYMENT OPPORTUNITIES ON THIS
PROJECT THROUGH LISTING ANY SUCH POSITIONS WITH
THE JOB SERVICE DIVISION OF THE NEW YORK STATE
DEPARTMENT OF LABOR, OR PROVIDING SUCH
NOTIFICATION IN SUCH MANNER AS IS CONSISTENT WITH
EXISTING COLLECTIVE BARGAINING CONTRACTS OR
AGREEMENTS. THE CONTRACTOR AGREES TO DOCUMENT
THESE EFFORTS AND TO PROVIDE SAID DOCUMENTATION
TO THE STATE UPON REQUEST; AND
(D)THE CONTRACTOR ACKNOWLEDGES NOTICE THAT THE
STATE MAY SEEK TO OBTAIN OFFSET CREDITS FROM
FOREIGN COUNTRIES AS A RESULT OF THIS CONTRACT
AND AGREES TO COOPERATE WITH THE STATE IN THESE
EFFORTS.
2 1 . RECIPROCnY AND SANCTIONS PRO-VISIONS.
BIDDERS ARE HEREBY NOTIFIED THAT IF THEIR
PRINCIPAL PLACE OF BUSINESS IS LOCATED IN A STATE
THAT PENALIZES NEW YORK STATE VENDORS,AND IF THE
GOODS OR SERVICES THEY OFFER WILL BE
SUBSTANTIALLY PRODUCED OR PERFORMED OUTSIDE
NEW YORK STATE, THE OMNIBUS PROCUREMENT ACT
1994 AMENDMENTS(CHAPTER 684, LAWS OF 1 994)
REQUIRE THAT THEY BE DENIED CONTRACTS WHICH THEY
WOULD OTHERWISE OBTAIN. NOTE: NEW MEXICO, S.
CAROLINA,ALASKA,W. VIRGINIA,OKLAHOMA, MONTANA,
WYOMING, LOUISIANA AND HAWAII ARE THE STATES
CURRENTLY SUBJECT TO THIS PROVISION.
5 of 5
APPENDIX B 0
STANDARD CLAUSES FOR ALL NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION NON-HAZARDOUS MUNICIPAL LANDFILL
CLOSURE PROJECT CONTRACTS
THE PARTIES TO THE ATTACHED CONTRACT, LICENSE, LEASE, AMENDMENT OR OTHER
AGREEMENT OF ANY KIND (HEREINAFTER "THE CONTRACT OR "THIS CONTRACT) AGREE TO BE
BOUND BY THE FOLLOWING CLAUSES WHICH ARE HEREBY MADE A PART OF THE CONTRACT. THE
WORD "CONTRACTOR" HEREIN REFERS TO ANY PARTY TO THE CONTRACT, OTHER THAN THE NEW
YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (HEREINAFTER "DEPARTMENT").
I. THE DEPARTMENT SHALL HAVE THE RIGHT TO POSTPONE, SUSPEND, ABANDON OR TERMINATE
THIS CONTRACT, AND SUCH ACTIONS SHALL IN NO EVENT BE DEEMED A BREACH OF
CONTRACT. IN THE EVENT OF ANY TERMINATION, POSTPONEMENT, DELAY, SUSPENSION OR
ABANDONMENT, THE CONTRACTOR SHALL DELIVER TO THE DEPARTMENT ALL DATA, REPORTS,
PLANS, OR OTHER DOCUMENTATION RELATED TO THE PERFORMANCE OF THIS CONTRACT,
INCLUDING BUT NOT LIMITED TO GUARANTEES, WARRANTIES, AS-BUILT PLANS AND SHOP
DRAWINGS. IN ANY OF THESE EVENTS, THE DEPARTMENT SHALL MAKE SETTLEMENT WITH THE
CONTRACTOR UPON AN EQUITABLE BASIS AS DETERMINED BY THE DEPARTMENT WHICH SHALL
FIX THE VALUE OF THE WORK WHICH WAS PERFORMED BY THE CONTRACTOR PRIOR TO THE
POSTPONEMENT, SUSPENSION, ABANDONMENT OR TERMINATION OF THIS CONTRACT. THIS
CLAUSE SHALL NOT APPLY TO THIS CONTRACT IF THE CONTRACT CONTAINS OTHER
PROVISIONS APPLICABLE TO POSTPONEMENT, SUSPENSION OR TERMINATION OF THE
CONTRACT.
II. THE CONTRACTOR AGREES THAT IT WILL INDEMNIFY AND SAVE HARMLESS THE DEPARTMENT
AND THE STATE OF NEW YORK FROM AND AGAINST ALL LOSSES FROM CLAIMS, DEMANDS,
PAYMENTS, SUITS, ACTIONS, RECOVERIES AND JUDGMENTS OF EVERY NATURE AND
DESCRIPTION BROUGHT OR RECOVERED.AGAINST IT BY REASON OF ANY OMISSION OR ACT OF
THE CONTRACTOR, ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS IN THE PERFORMANCE
OF THIS CONTRACT. THE DEPARTMENT AND THE STATE OF NEW YORK MAY RETAIN SUCH
MONIES FROM THE AMOUNT DUE CONTRACTOR AS MAY BE NECESSARY TO SATISFY ANY CLAIM
FOR DAMAGES, COSTS AND THE LIKE, WHICH IS ASSERTED AGAINST THE DEPARTMENT AND/OR
THE STATE OF NEW YORK.
III. (A) CONFLICT OF INTEREST. TO THE BEST OF THE CONTRACTORS KNOWLEDGE AND
BELIEF, THE CONTRACTOR WARRANTS THAT THERE ARE NO RELEVANT FACTS OR
CIRCUMSTANCES WHICH COULD GIVE RISE TO AN ORGANIZATIONAL CONFLICT OF
INTEREST, AS HEREIN DEFINED, OR THAT THE CONTRACTOR HAS DISCLOSED ALL SUCH
RELEVANT INFORMATION TO THE DEPARTMENT.
(B) AN ORGANIZATIONAL CONFLICT OF INTEREST EXISTS WHEN THE NATURE OF THE WORK
TO BE PERFORMED UNDER THIS CONTRACT MAY, WITHOUT SOME RESTRICTION ON
FUTURE ACTIVITIES, EITHER RESULT IN AN UNFAIR COMPETITIVE ADVANTAGE TO THE
CONTRACTOR OR IMPAIR OR APPEAR TO IMPAIR THE CONTRACTORS OBJECTIVITY IN
PERFORMING THE WORK FOR THE DEPARTMENT.
May 18, 1993 Page 1 of 7
(C) THE CONTR#R AGREES THAT IF AN ACTUAL, APPAFO OR POTENTIAL
ORGANIZATIONAL CONFLICT OF INTEREST IS DISCOVERED AT ANY TIME AFTER AWARD,
WHETHER BEFORE OR DURING PERFORMANCE, THE CONTRACTOR WILL IMMEDIATELY
MAKE A FULL DISCLOSURE IN WRITING TO THE DEPARTMENT. THIS DISCLOSURE SHALL
INCLUDE A DESCRIPTION OF ACTIONS WHICH THE CONTRACTOR HAS TAKEN OR
PROPOSES TO TAKE, AFTER CONSULTATION WITH THE DEPARTMENT, TO AVOID,
MITIGATE, OR MINIMIZE THE ACTUAL OR POTENTIAL CONFLICT.
(D) REMEDIES -THE DEPARTMENT MAY TERMINATE THIS CONTRACT IN WHOLE OR IN PART,
IF IT DEEMS SUCH TERMINATION NECESSARY TO AVOID AN ORGANIZATIONAL OR
PERSONAL CONFLICT OF INTEREST, OR AN UNAUTHORIZED DISCLOSURE OF
INFORMATION. IF THE CONTRACTOR WAS AWARE OF A POTENTIAL CONFLICT OF
INTEREST PRIOR TO AWARD, OR DISCOVERED AN ACTUAL OR POTENTIAL CONFLICT
AFTER AWARD AND DID NOT DISCLOSURE OR MISREPRESENTED RELEVANT INFORMATION
TO THE DEPARTMENT, THE DEPARTMENT MAY TERMINATE THE CONTRACT, OR PURSUE
SUCH OTHER REMEDIES AS MAY BE PERMITTED BY THE TERMS OF CLAUSE I OF THIS
APPENDIX OR OTHER APPLICABLE PROVISIONS OF THIS CONTRACT REGARDING
TERMINATION.
(E) IN ADDITION TO THE REQUIREMENTS OF THE ABOVE CLAUSES WITH RESPECT TO
ORGANIZATIONAL CONFLICTS OF INTEREST," THE FOLLOWING PROVISION WITH REGARD
TO EMPLOYEE PERSONNEL PERFORMING UNDER THIS CONTRACT SHALL APPLY UNTIL
THE EARLIER OF THE TERMINATION DATE OF THE AFFECTED EMPLOYEE(S) OR THE
DURATION OF THE CONTRACT.
THE CONTRACTOR AGREES TO NOTIFY THE DEPARTMENT IMMEDIATELY OF ANY ACTUAL,
APPARENT OR POTENTIAL PERSONAL CONFLICT OF INTEREST WITH REGARD TO ANY
EMPLOYEE, SUBCONTRACTOR EMPLOYEE, OR CONSULTANT WORKING ON OR HAVING
ACCESS TO INFORMATION REGARDING THIS CONTRACT, AS SOON AS CONTRACTOR
BECOMES AWARE OF SUCH CONFLICT. A PERSONAL CONFLICT OF INTEREST IS
DEFINED AS A RELATIONSHIP OF AN EMPLOYEE, SUBCONTRACTOR EMPLOYEE, OR
CONSULTANT WITH AN ENTITY THAT MAY IMPAIR OR APPEAR TO IMPAIR THE OBJECTIVITY
OF THE EMPLOYEE, SUBCONTRACTOR EMPLOYEE, OR CONSULTANT IN PERFORMING
THE CONTRACT WORK. THE DEPARTMENT WILL NOTIFY THE CONTRACTOR OF THE
APPROPRIATE ACTION TO BE TAKEN.
(F) TO THE EXTENT THAT THE WORK t1NDER THIS CONTRACT REQUIRES ACCESS TO
PROPRIETARY OR CONFIDENTIAL BUSINESS OR FINANCIAL DATA OF OTHER COMPANIES,
AND AS LONG AS SUCH DATA REMAINS PROPRIETARY OR CONFIDENTIAL, THE
CONTRACTOR SHALL PROTECT SUCH DATA FROM UNAUTHORIZED USE AND DISCLOSURE
AND AGREES NOT TO USE IT TO COMPETE WITH SUCH COMPANIES.
(G) THE CONTRACTOR SHALL CERTIFY ANNUALLY THAT, TO THE BEST OF THE
CONTRACTOR'S KNOWLEDGE AND BELIEF, ALL ACTUAL, APPARENT OR POTENTIAL
CONFLICTS OF INTEREST, BOTH PERSONAL AND ORGANIZATIONAL, HAVE BEEN
REPORTED TO THE DEPARTMENT. SUCH CERTIFICATION MUST BE SIGNED BY A SENIOR
EXECUTIVE OF THE CONTRACTOR AND SUBMITTED IN ACCORDANCE WITH INSTRUCTIONS
PROVIDED BY THE DEPARTMENT. ALONG WITH THE ANNUAL CERTIFICATION, THE
CONTRACTOR SHALL ALSO SUBMIT AN UPDATE OF ANY CHANGES IN THE CONFLICT OF
INTEREST PLAN SUBMITTED WITH ITS PROPOSAL FOR THIS CONTRACT. THE INITIAL
CERTIFICATION SHALL COVER THE ONE-YEAR PERIOD FROM THE DATE OF CONTRACT
May 18, 1993 Page 2 of 7
AWARD, ALL SUBSEQUENT CERTIFICATIONS SHAOOVER SUCCESSIVE ANNUAL
PERIODS THEREAFTER. THE CERTIFICATION IS TO BE SUBMITTED NO LATER THAN 45
DAYS AFTER THE CLOSE OF THE PREVIOUS CERTIFICATION PERIOD COVERED.
(H) THE CONTRACTOR RECOGNIZES THAT EMPLOYEES IN PERFORMING THIS CONTRACT MAY
HAVE ACCESS TO DATA, EITHER PROVIDED BY THE DEPARTMENT OR FIRST GENERATED
DURING CONTRACT PERFORMANCE, OF A SENSITIVE NATURE WHICH SHOULD NOT BE
RELEASED WITHOUT DEPARTMENT APPROVAL. THEREFORE, THE CONTRACTOR AGREES
TO OBTAIN CONFIDENTIALITY AGREEMENTS FROM ALL EMPLOYEES WORKING ON
REQUIREMENTS UNDER THIS CONTRACT INCLUDING SUBCONTRACTORS AND
CONSULTANTS. SUCH AGREEMENTS SHALL CONTAIN PROVISIONS WHICH STIPULATE
THAT EACH EMPLOYEE AGREES THAT THE EMPLOYEE WILL NOT DISCLOSE, EITHER IN
WHOLE OR IN PART, TO ANY ENTITY EXTERNAL TO THE DEPARTMENT, DEPARTMENT OF
HEALTH OR THE NEW YORK STATE DEPARTMENT OF LAW, ANY INFORMATION OR DATA
PROVIDED BY THE DEPARTMENT OR FIRST GENERATED BY THE CONTRACTOR UNDER
THIS CONTRACT, ANY SITE-SPECIFIC COST INFORMATION, OR ANY ENFORCEMENT
STRATEGY WITHOUT FIRST OBTAINING THE WRITTEN PERMISSION OF THE DEPARTMENT.
IF A CONTRACTOR, THROUGH AN EMPLOYEE OR OTHERWISE, IS SUBPOENAED TO
TESTIFY OR PRODUCE DOCUMENTS, WHICH COULD RESULT IN SUCH DISCLOSURE, THE
CONTRACTOR MUST PROVIDE IMMEDIATE ADVANCE NOTIFICATION TO THE DEPARTMENT
SO THAT THE DEPARTMENT CAN AUTHORIZE SUCH DISCLOSURE OR HAVE THE
OPPORTUNITY TO TAKE ACTION TO PREVENT SUCH DISCLOSURE. SUCH AGREEMENTS
SHALL BE EFFECTIVE FOR THE LIFE OF THE CONTRACT AND FOR A PERIOD OF FIVE (5)
YEARS AFTER COMPLETION OF THE CONTRACT.
(A THE CONTRACTOR AGREES TO INSERT IN EACH SUBCONTRACT OR CONSULTANT
AGREEMENT PLACED HEREUNDER (EXCEPT FOR SUBCONTRACTORS OR CONSULTANT
AGREEMENTS FOR WELL DRILLING, FENCE ERECTING, PLUMBING, UTILITY HOOKUPS,
SECURITY GUARD SERVICES, OR ELECTRICAL SERVICES) PROVISIONS WHICH SHALL
CONFORM SUBSTANTIALLY TO THE LANGUAGE OF THIS CLAUSE, INCLUDING THIS
PARAGRAPH (1), UNLESS OTHERWISE AUTHORIZED BY THE DEPARTMENT.
IF THIS IS A CONTRACT FOR WORK RELATED TO ACTION AT AN INACTIVE HAZARDOUS WASTE
SITE, THE FOLLOWING PARAGRAPH SHALL APPLY:
(J) DUE TO THE SCOPE AND NATURE OF THIS CONTRACT, THE CONTRACTOR SHALL
OBSERVE THE FOLLOWING RESTRICTIONS ON FUTURE HAZARDOUS WASTE SITE
CONTRACTING FOR THE DURATION OF THE CONTRACT.
( 1 ) THE CONTRACTOR WILL BE INELIGIBLE TO ENTER INTO A CONTRACT FOR REMEDIAL
ACTION PROJECTS FOR WHICH THE CONTRACTOR HAS DEVELOPED THE STATEMENT OF
WORK OR THE SOLICITATION PACKAGE.
(2) THE CONTRACTOR, DURING THE LIFE OF THE WORK ASSIGNMENT AND FOR A PERIOD
OF FIVE (5) YEARS AFTER THE COMPLETION OF THE WORK ASSIGNMENT, AGREES NOT
TO ENTER INTO A CONTRACT WITH OR TO REPRESENT ANY PARTY WITH RESPECT TO
ANY WORK RELATING TO REMEDIAL ACTIVITIES OR WORK PERTAINING TO A SITE WHERE
THE CONTRACTOR PREVIOUSLY PERFORMED WORK FOR THE DEPARTMENT UNDER THIS
CONTRACT WITHOUT THE PRIOR WRITTEN APPROVAL OF THE DEPARTMENT.
(3) THE CONTRACTOR AGREES IN ADVANCE THAT IF ANY BIDS/PROPOSALS ARE SUBMITTED
FOR ANY WORK FOR A THIRD PARTY THAT WOULD REQUIRE WRITTEN APPROVAL OF THE
DEPARTMENT PRIOR TO ENTERING INTO A CONTRACT BECAUSE OF THE RESTRICTIONS
May 18, 1993 Page 3 of 7
OF THIS CLAU*HEN THE BIDS/PROPOSALS ARE SUBMgD AT THE CONTRACTORS'
OWN RISK, AND NO CLAIM SHALL BE MADE AGAINST THE DEPARTMENT TO RECOVER
BIO/PROPOSAL COSTS AS A DIRECT COST WHETHER THE REQUEST FOR AUTHORIZATION
TO ENTER INTO THE CONTRACT IS DENIED OR APPROVED.
IV. ALL REQUESTS FOR PAYMENT BY THE CONTRACTOR MUST BE SUBMITTED ON FORMS
SUPPLIED AND APPROVED BY THE DEPARTMENT. EACH PAYMENT REQUEST MUST CONTAIN
SUCH ITEMS OF INFORMATION AND SUPPORTING DOCUMENTATION AS ARE REQUIRED BY THE
DEPARTMENT, AND SHALL BE ALL-INCLUSIVE FOR THE PERIOD OF TIME COVERED BY THE
PAYMENT REQUEST.
V. TO THE EXTENT THAT FEDERAL FUNDS ARE PROVIDED TO THE CONTRACTOR OR USED IN
PAYING THE CONTRACTOR UNDER THIS CONTRACT, THE CONTRACTOR AGREES THAT IT WILL
COMPLY WITH ALL APPLICABLE FEDERAL LAWS AND REGULATIONS, INCLUDING BUT NOT
LIMITED TO THOSE LAWS AND REGULATIONS UNDER WHICH THE FEDERAL FUNDS WERE
AUTHORIZED. THE CONTRACTOR FURTHER AGREES TO INSERT IN ANY SUBCONTRACT
HEREUNDER, PROVISIONS WHICH SHALL CONFORM SUBSTANTIALLY TO THE LANGUAGE OF
THIS CLAUSE, INCLUDING THIS PARAGRAPH.
VI. THE CONTRACTOR SHALL HAVE THE STATUS OF AN INDEPENDENT CONTRACTOR.
ACCORDINGLY, THE CONTRACTOR AGREES THAT IT WILL CONDUCT ITSELF IN A MANNER
CONSISTENT WITH SUCH STATUS, AND THAT IT WILL NEITHER HOLD ITSELF OUT AS, NOR
CLAIM TO BE, AN OFFICER OR EMPLOYEE OF THE DEPARTMENT BY REASON OF THIS
CONTRACT. IT FURTHER AGREES THAT IT WILL NOT MAKE ANY CLAIM, DEMAND OR
APPLICATION TO THE DEPARTMENT FOR ANY RIGHT OR PRIVILEGE APPLICABLE TO AN
OFFICER OR EMPLOYEE OF THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO WORKERS
COMPENSATION COVERAGE, UNEMPLOYMENT INSURANCE BENEFITS, SOCIAL SECURITY
COVERAGE, OR RETIREMENT MEMBERSHIP OR CREDIT.
VII. THE TERMS CONTAINED IN THIS CLAUSE SHALL HAVE THE DEFINITIONS AS GIVEN IN, AND
SHALL BE CONSTRUED ACCORDING TO THE INTENT OF ARTICLE 15-A OF THE EXECUTIVE
LAW, 9 NYCRR PART 540, ET. SEQ., ARTICLE 52 OF THE ENVIRONMENTAL CONSERVATION
LAW AND 6 NYCRR PART 6 1 5, ET. SEQ., AS APPLICABLE, AND ANY GOALS ESTABLISHED BY
THIS CLAUSE ARE SUBJECT TO THE INTENT OF SUCH LAWS AND REGULATIONS.
(A) IF THE MAXIMUM CONTRACT PRICE HEREIN EQUALS OR EXCEEDS $25,000, AND THIS
CONTRACT IS FOR LABOR, SERVICES, SUPPLIES, EQUIPMENT, OR MATERIALS; OR,
IF THE MAXIMUM CONTRACT PRICE HEREIN EQUALS OR EXCEEDS $ 100,000 AND
THIS CONTRACT IS FOR THE ACQUISITION, CONSTRUCTION, DEMOLITION,
REPLACEMENT, MAJOR REPAIR OR RENOVATION OF REAL PROPERTY AND
IMPROVEMENTS THEREON;
May 18, 1993 Page 4 of 7
THE AFFIAVE ACTION PROVISIONS AND EQUAL EOOYMENT OPPORTUNITY
PROVISIONS CONTAINED IN THIS PARAGRAPH AND PARAGRAPHS B-F OF THIS CLAUSE
SHALL BE APPLICABLE WITHIN THE LIMITATIONS ESTABLISHED BY EXECUTIVE LAW
§3 1 2 AND 3 13 AND THE APPLICABLE REGULATIONS.
( 1 ) THE CONTRACTOR IS REQUESTED TO MAKE GOOD FAITH EFFORTS TO SUBCONTRACT AT
LEAST8.8 PERCENT OF THE DOLLAR VALUE OF THIS CONTRACT TO MINORITY OWNED
BUSINESS ENTERPRISES (MBEs) AND AT LEAST 8.8 PERCENT OF SUCH VALUE TO
WOMEN OWNED BUSINESS ENTERPRISES (WBES).
(2) THE CONTRACTOR IS REQUESTED TO MAKE GOOD FAITH EFFORTS TO EMPLOY OR
CONTRACTUALLY REQUIRE ANY SUBCONTRACTOR WITH WHOM IT CONTRACTS TO MAKE
GOOD FAITH EFFORTS TO EMPLOY MINORITY GROUP MEMBERS FOR AT LEAST 10
PERCENT OF, AND WOMEN FOR AT LEAST 10 PERCENT OF, THE WORKFORCE HOURS
REQUIRED TO PERFORM THE WORK UNDER THIS CONTRACT.
(3) THE CONTRACTOR IS REQUESTED TO MAKE GOOD FAITH EFFORTS TO SOLICIT THE
MEANINGFUL PARTICIPATION BY ENTERPRISES IDENTIFIED IN THE NEW YORK STATE
DIRECTOR OF CERTIFIED BUSINESSES PROVIDED BY THE GOVERNORS OFFICE OF
MINORITY AND WOMEN'S BUSINESS DEVELOPMENT.
(B) THE CONTRACTOR AGREES TO INCLUDE THE PROVISIONS SET FORTH IN PARAGRAPH
(A) ABOVE AND PARAGRAPHS (A), (B) AND (C) OF CLAUSE 1 2 OF APPENDIX A IN
EVERY SUBCONTRACT IN SUCH A MANNER THAT THE PROVISIONS WILL BE BINDING
UPON EACH SUBCONTRACTOR AS TO WORK UNDER SUCH SUBCONTRACT. FOR THE
PURPOSE OF THIS PARAGRAPH, A IISUBCONTRACT' SHALL MEAN AN AGREEMENT
PROVIDING FOR A TOTAL EXPENDITURE IN EXCESS OF $25,000 FOR THE
CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR REPAIR, RENOVATION, PLANNING
OR DESIGN OF REAL PROPERTY AND IMPROVEMENTS THEREON IN WHICH A PORTION OF
THE CONTRACTORS OBLIGATION UNDER A STATE CONTRACT IS UNDERTAKEN OR
ASSUMED.
(C) THE CONTRACTOR IS REQUESTED TO MAKE GOOD FAITH EFFORTS TO UTILIZE THE
MBE/WBES IDENTIFIED IN THE UTILIZATION PLAN TO THE EXTENT INDICATED IN SUCH
PLAN, AND OTHERWISE TO IMPLEMENT IT ACCORDING TO ITS TERMS. THE
CONTRACTOR IS REQUESTED TO REPORT ON SUCH IMPLEMENTATION PERIODICALLY AS
PROVIDED BY THE CONTRACT, OR ANNUALLY, WHICHEVER IS MORE FREQUENT. ' THE
CONTRACTOR ALSO AGREES TO INCORPORATE INTO ANY CONTRACT WITH
SUBCONTRACTORS, PROVISIONS APPLICABLE TO RECORDKEEPING, REPORTING,
NOTICE REQUIREMENTS AND ACTIONS SUGGESTED BY THE DEPARTMENT TO IMPLEMENT
THE UTILIZATION PLAN, AND THE INTENT OF THE EXECUTIVE LAW ARTICLE, 1 5-A, THE
REGULATIONS PROMULGATED THEREUNDER, AND OTHER APPLICABLE LAW AND
REGULATIONS.
(D) THE CONTRACTOR HEREBY AGREES TO COMPLY WITH THE INTENT OF THE APPLICABLE
PROVISIONS OF EXECUTIVE LAW ARTICLE 15-A AND THE REGULATIONS PROMULGATED
THEREUNDER. EXECUTIVE LAW §3 1 2, 3 13 AND 3 16 ARE HEREBY INCORPORATED
BY REFERENCE.
VIII. PRIOR TO THE COMMENCEMENT OF ANY WORK UNDER THIS CONTRACT, THE CONTRACTOR IS
REQUIRED TO MEET ALL LEGAL REQUIREMENTS NECESSARY IN THE PERFORMANCE OF THE
May 18, 1993 Page 5 of 7
CONTRACT. THIS INOES BUT IS NOT LIMITED TO COMPLIANOITH ALL APPLICABLE
FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS PROMULGATED THEREUNDER. IT IS
THE CONTRACTORS RESPONSIBILITY TO OBTAIN ANY NECESSARY PERMITS, OR OTHER
AUTHORIZATIONS. BY SIGNING THIS CONTRACT, THE CONTRACTOR AFFIRMATIVELY
REPRESENTS THAT IT HAS COMPLIED WITH SAID LAWS, UNLESS IT ADVISES THE DEPARTMENT
OTHERWISE, IN WRITING. THE DEPARTMENT SIGNS THIS CONTRACT IN RELIANCE UPON THIS
REPRESENTATION.
DURING THE TERM OF THIS CONTRACT, ANY EXTENSIONS THEREOF, THE CONTRACTOR MUST
REMAIN IN COMPLIANCE WITH SAID LAWS. A FAILURE TO NOTIFY THE DEPARTMENT OF NON-
COMPLIANCE OF WHICH THE CONTRACTOR WAS OR SHOULD HAVE BEEN AWARE, MAY BE
CONSIDERED A MATERIAL BREACH OF THIS CONTRACT.
IX. (A) WHEN APPROPRIATE, THE CONTRACTOR SHALL POST, IN A LOCATION DESIGNATED BY
THE DEPARTMENT, A COPY OF THE NEW YORK STATE DEPARTMENT OF LABOR
SCHEDULES OF PREVAILING WAGES AND SUPPLEMENTS FOR THIS PROJECT, A COPY
OF ALL REDETERMINATIONS OF SUCH SCHEDULES FOR THE PROJECT,'THE WORKERS'
COMPENSATION LAW SECTION 5 1 NOTICE, ALL OTHER NOTICES REQUIRED BY LAW TO
BE POSTED AT THE SITE, THE DEPARTMENT OF LABOR NOTICE THAT THIS PROJECT IS
A PUBLIC WORK PROJECT ON WHICH EACH WORKER IS ENTITLED TO RECEIVE THE
PREVAILING WAGES AND SUPPLEMENTS FOR THEIR OCCUPATION, AND ALL OTHER
NOTICES WHICH THE DEPARTMENT DIRECTS THE CONTRACTOR TO POST. THE
CONTRACTOR SHALL PROVIDE A SURFACE FOR SUCH NOTICES WHICH IS SATISFACTORY
TO THE DEPARTMENT. THE CONTRACTOR SHALL MAINTAIN SUCH NOTICES IN A LEGIBLE
MANNER AND SHALL REPLACE ANY NOTICE OR SCHEDULE WHICH IS DAMAGED,
DEFACED, ILLEGIBLE OR REMOVED FOR ANY REASON. CONTRACTOR SHALL POST
SUCH NOTICES BEFORE COMMENCING ANY WORK ON THE SITE AND SHALL MAINTAIN
SUCH NOTICES UNTIL ALL WORK ON THE SITE IS COMPLETE.
(B) WHEN APPROPRIATE, CONTRACTOR SHALL DISTRIBUTE TO EACH WORKER FOR THIS
CONTRACT A NOTICE, IN A FORM PROVIDED BY THE DEPARTMENT, THAT THIS PROJECT
IS A PUBLIC WORK PROJECT ON WHICH EACH WORKER IS ENTITLED TO RECEIVE THE
PREVAILING WAGE AND SUPPLEMENTS FOR THE OCCUPATION AT WHICH HE OR SHE IS
WORKING. WORKER INCLUDES EMPLOYEES OF CONTRACTOR AND ALL
SUBCONTRACTORS AND ALL EMPLOYEES OF SUPPLIERS ENTERING THE SITE. SUCH
NOTICE SHALL BE DISTRIBUTED TO EACH WORKER BEFORE THEY START PERFORMING
ANY WORK OF THIS CONTRACT. AT THE TIME OF DISTRIBUTION, CONTRACTOR SHALL
HAVE EACH WORKER SIGN A STATEMENT, IN A FORM PROVIDED BY THE DEPARTMENT,
CERTIFYING THAT THE WORKER HAS RECEIVED THE NOTICE REQUIRED BY THIS
SECTION, WHICH SIGNED STATEMENT SHALL BE MAINTAINED WITH THE PAYROLL
RECORDS REQUIRED BY THE FOLLOWING PARAGRAPH (C).
(C) CONTRACTOR SHALL MAINTAIN ON THE SITE THE ORIGINAL CERTIFIED PAYROLLS OR
CERTIFIED TRANSCRIPTS THEREOF WHICH CONTRACTOR AND ALL OF ITS
SUBCONTRACTORS ARE REQUIRED TO MAINTAIN PURSUANT TO THE NEW YORK
LABOR LAW SECTION 220. CONTRACTOR SHALL MAINTAIN WITH THE PAYROLLS OR
TRANSCRIPTS THEREOF, THE STATEMENTS SIGNED BY EACH WORKER PURSUANT TO
PARAGRAPH (B).
May 18, 1993 Page 6 of 7
X. IN ACCORDANCEOH STATE LAW (CHAPTER 55 OF THE I* OF 1 992), THE
DEPARTMENT HAS THE AUTHORITY TO ADMINISTRATIVELY OFFSET ANY MONIES DUE IT FROM
THE CONTRACTOR, FROM PAYMENTS DUE TO THE CONTRACTOR UNDER THIS CONTRACT.
XI. THE CONTRACTOR AGREES 'THAT IF SELECTED AS THE LOWEST BIDDER, THE CONTRACTOR
WILL STIPULATE CONCERNING ADHERENCE TO THE MACBRIDE FAIR EMPLOYMENT
PRINCIPLES, AS PRESCRIBED BY CHAPTER 807, OF THE LAWS OF 1 992. SECTION 1 74-
B OF THE STATE FINANCE LAW REQUIRES THAT BEFORE ENTERING INTO CERTAIN STATE
CONTRACTS, PERSONS OR ENTITIES STIPULATE THAT THEY EITHER ( I ) HAVE NO BUSINESS
OPERATIONS IN NORTHERN IRELAND; OR, (2) IF SO ENGAGED, WILL CONDUCT SUCH
OPERATIONS IN ACCORDANCE WITH THE MACBRIDE FAIR EMPLOYMENT PRINCIPLES.
FOR CONTRACTS COMPETITIVELY BID, IF THE LOWEST RESPONSIBLE BIDDER FAILS TO
STIPULATE AS REQUIRED BY SECTION 174-8, AND ANOTHER BIDDER, WHOSE BID PRICE
FOR GOODS, SERVICES OR CONSTRUCTION OF COMPARABLE QUALITY IS WITHIN FIVE
PERCENT OF THE LOWEST BID, HAS SO STIPULATED, THE CONTRACTING ENTITY SHALL REFER
SUCH BIDS TO THE OFFICE OF GENERAL SERVICES. THE PURPOSE OF SUCH REFERRAL IS
A DETERMINATION BY THE COMMISSIONER OF GENERAL SERVICES WHETHER IT IS IN THE
BEST INTERESTS OF THE STATE TO REJECT THE LOW BID AND TO AWARD THE CONTRACT TO
ANOTHER QUALIFYING BIDDER.
XII. PURSUANT TO SECTION 167-8 OF THE STATE FINANCE LAW, UNLESS OTHERWISE
EXEMPTED, ANY BID, PROPOSAL OR OTHER RESPONSE TO A SOLICITATION FOR BID OR
PROPOSAL WHICH PROPOSES OR CALLS FOR THE USE OF ANY TROPICAL HARDWOOD OR
OTHER TROPICAL WOOD PRODUCT IN PERFORMANCE OF THE CONTRACT SHALL BE DEEMED
NON-RESPONSIVE.
XIII. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS APPENDIX B AND THE TERMS OF
THE CONTRACT (INCLUDING ANY AND ALL ATTACHMENTS THERETO AND AMENDMENTS
THEREOF, BUT NOT INCLUDING APPENDIX A), THE TERMS OF THIS APPENDIX B SHALL
CONTROL. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS APPENDIX B AND
APPENDIX A, THE TERMS OF APPENDIX A SHALL CONTROL.
May 18, 1993 Page 7 of 7
' �► •
TITLE S, NONHAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS
. k
CONTRACT FOR STATE ASSISTANCE PAYMENTS
FOR MUNICIPAL LANDFILL CLOSURE PROJECTS
APPENDIX C
DOCUMENTATION FOR REIMBURSEMENT CLAIMS MADE ON STATE AID VOUCHER
THE MUNICIPALITY MUST SUBMIT THE FOLLOWING DOCUMENTATION TO THE
DEPARTMENT IN SUPPORT OF REIMBURSEMENT CLAIMS:
I ) A SUMMARY SHOWING ONE HUNDRED PERCENT ( 1 00%) OF THE COSTS CLAIMED BY
MAJOR CATEGORY (E.G. SALARIES AND WAGE SUPPLIES, EQUIPMENT) SHOULD
APPEAR IN THE DESCRIPTION OF CHARGES SECTION OF THE STATE AID VOUCHERS;
Z) FOR SALARIES AND WAGES (PERSONAL SERVICES), SCHEDULE SHOULD BE ATTACHED
SHOWING THE EMPLOYEES NAMES, TITLES, PERIOD COVERED, HOURS WORKED,
RATES AND AMOUNTS SUPPORTING THE TOTAL SHOWN ON THE STATE AID VOUCHER;
3) FOR OTHER THAN SALARIES AND WAGES, SCHEDULES OF SOURCE DOCUMENTS
(VOUCHER AND/OR CHECK NUMBER) SHOULD BE ATTACHED SHOWING THE PAYEES,
BRIEF DESCRIPTION OF GOODS OR SERVICES PROVIDED, AND AMOUNT BY CATEGORY
AS SHOWN ON THE STATE AID VOUCHER;
4) A COPY OF ANY SUBCONTRACTS INTO WHICH THE GRANTEE ENTERED UNDER THE
PROJECT MUST ACCOMPANY THE FIRST CLAIM WHICH INCLUDES PAYMENTS UNDER
THE SUB-CONTRACTS(S) IN QUESTION. COPIES OF MAJOR CHANGE ORDERS MUST
BE SIMILARLY PROVIDED; AND
S) COPIES OF GRANTEE VOUCHERS AND/OR CANCELED CHECKS COVERING PAYMENTS
ON SUB-CONTRACTS MUST BE PROVIDED TO SUPPORT THE AMOUNT OF
CONTRACTUAL SERVICES INCLUDED ON THE STATE AID VOUCHERS.
6) THE FOLLOWING SENTENCE SHOULD BE TYPED IN THE LOWER LEFT CORNER OF THE
DESCRIPTION OF CHARGES SECTION OF THE STATE AID VOUCHERS:
THE PAYEE ADDITIONALLY CERTIFIES THAT THE PROCUREMENT OF ANY GOODS
AND SERVICES FOR WHICH REIMBURSEMENT IS CLAIMED WAS, TO THE EXTENT
APPLICABLE, ACCOMPLISHED IN ACCORDANCE WITH THE PROVISIONS OF
GENERAL MUNICIPAL LAW AND IN ACCORDANCE WITH ALL OTHER LAWS,
RULES OR REGULATIONS GOVERNING PROCUREMENT BY THE PAYEE.
APPENDIX D
1996 CLEAN WATER/CLO AIR BOND ACT
Credit Sign Specifications
Size: Horizontal format- 48" wide by 24" high
Construction Materials: Aluminum blank sign boards with vinyl sheeting.
Inserts: "Project Site Name," "Local Project Sponsor" and"Municipal Executive"
indicate position, size and topography for specific project names and sponsor
to be inserted.
Color Scheme:
Copy surrounding DEC logo - "NEW YORK STATE DEPARTMENT
OF ENVIRONM VITAL CONSERVATION" - PNIS 355
DEC logo: PHIS 301
PMS 355 Green
TEXT:
1996 Clean Water/Clean Air Bond Act PMS 301
Project Site NamerLocal Project Sponsor PMS 355
Names of Governor, Commissioner, Municipal Executive PMS 301
Type Specifications: All type is Caslon 540,with the exception of the logotype.
Format is: center each line of copy with small caps and
initial caps.
Production Notes: 48" X 24" aluminum blanks will be covered with vinyl sheeting to
achieve background color. Copy and logo will be silk screened on
this surface.
Signs can be obtained by contacting:
Mr. Charles Barnard
Assistant Industrial Supervisor
Eastern New York Correctional Facility
Box 950
Nappanoch,New York 12458
Grant recipients must provide a project site name,the local project sponsor, and the name
of the appropriate municipal executive to be inserted on the sign.
Page 1of2
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PROJECT SITE NAME
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Municipal I Xectitive
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Division of Solid Waste
New York State Department of Environmental Conservation
Albany, New York 12233-4010
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, effective September 1, 1990)
INSTRUCTIONS TO APPLY FOR STATE
ASSISTANCE FOR NON-HAZARDOUS MUNICIPAL
LANDFILL CLOSURE PROJECTS UNDER TITLE 5
OF ARTICLE 54 OF THE ENVIRONMENTAL
CONSERVATION LAW
(6 NYCRR SUBPART 360-9, EFFECTIVE SEPTEMBER 1, 1990)
SEPTEMBER 1990
(9/90) Page 1 of 10
1
Division of Solid Waste
New York State Department of Environmental Conservation
Albany, New York 12233-4010
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, effective September 1, 1990)
I . Preface
Many landfills in New York State will close in the near future,
either because the landfills have reached their design capacity or
because they do not meet regulatory requirements. The Part 360
regulations for solid waste management facilities effective
December 31, 1988 (6 NYCRR Part 360) established very stringent
requirements for closure of landfills. These regulatory
requirements are designed to limit the negative impact of closed
landfills on the environment by reducing or controlling leachate
production, gas migration, odors, etc. These closure requirements
are likely to place a significant financial burden on the
responsible municipality. For this reason, the New York State
Legislature authorized a State assistance program to assist
municipalities in financing their closure projects.
II . Background
Title 5 of Article 54 of the Environmental Conservation Law provides
$100 million (from the 1986 State Environmental Quality Bond Act) in
the form of State assistance to eligible municipalities to help pay
for municipal landfill closures. The municipality may be eligible
for a maximum of either 50 percent of the approved project cost or
two million dollars, whichever is less, for costs incurred on or
after the date of eligibility; January 8, 1986.
The New York State Department of Environmental Conservation
(Department, NYSDEC) developed and, on August 31, 1990, filed
emergency regulations (6 NYCRR Subpart 360-9) effective September 1,
1990 to implement this State assistance program.
The purpose of Subpart 360-9 is to establish eligibility
requirements, procedures for the municipalities to apply for State
assistance, and procedures the Department will follow to implement
the State assistance program.
Subpart 360-9 provides the guidelines and requirements of the State
assistance program. Included in the regulation are eligibility
requirements, project criteria, and application procedures
(including project ranking) .
Additionally, Subpart 360-9 details the monetary aspects of the
State assistance program with regard to eligible and ineligible
costs, reimbursement schedules and contracts (including provisions
for progress reviews and, if necessary, the return of State
assistance for non-performance).
(9/90) Page 2 of 10
NOTE: This $100 million will be used to reimburse only costs
incurred on or after January 8, 1986. This assistance can be used
by municipalities to aid in financing the closure of eligible
landfills pursuant to Environmental Conservation Law (ECL) 54-0501.
In addition, the Twenty-First Century Environmental Quality Bond Act
(1990 EQBA) will provide another $175 million for landfill closure
State assistance payments if the 1990 EQBA referendum is passed by
the voters of the State on November 6, 1990. This $175 million from
the 1990 EQBA would be used to reimburse only costs incurred on or
after April 23, 1990.
III . Program Purposes and Scope
Under the State Assistance Municipal Landfill Closure Program, the
State will enter into contracts with municipalities until all funds
available for this purpose are committed. Under this program, the
State may provide assistance for each landfill up to one-half the
eligible costs of the project or two million dollars, whichever is
less. Other than preparation of the closure investigation report,
and certain reclassification investigations, no part of the
preparation of an application is eligible for State assistance under
this program.
IV. Definitions
(a) As used in this Application Kit, the following terms shall have
the same meanings ascribed to them as in Section 54-0501 of the
ECL. See ..,, a ;• ,. �e this "-
�i� i� 7..�re�r—� r r
1) "Cost"
2) "Federal Assistance"
3) "Governing Body"
4) "Municipality"
5) "Municipal Landfill Closure Project"
6) "Solid Waste"
7) "State Assistance Payment"
(b) The following terms have the following meanings when used in
this Application Kit.
1) "Reclamation" means any Department-approved activity
involving the extraction and separation of solid waste into
components for the purpose of reducing or contouring the
(9/90) Page 3 of 10
landfill waste mass. Reclamation does not include the
deposition of additional solid waste.
2) "Landfill closure site" means a site as defined by Section
360-1.2(b)(141) of 6 NYCRR Part 360, or a landfill as
recognized by the Department. See the definition sheet
included in the Application Kit.
3) "Registry" means the most recent publication of the
New York State Department of Environmental Conservation's
"Inactive Hazardous Waste Disposal Sites in New York State,
Annual Report" and any subsequent updates.
4) "Reclassification Investigation" means an investigation of
sufficient scope to enable the Department to change the
Registry classification of a Classification 2a landfill
site.
V. Eligibility
A municipality may apply for State assistance under this program for
a landfill closure site which it owns or operates and for which it
has full responsibility for all closure and post-closure activities.
In addition, the site must not be listed as Classification 1 or
Classification 2 on the Registry.
Special Conditions for Classification 2a sites
The owner or operator of a site listed as Classification 2a on
the Registry must have submitted a complete reclassification
investigation report to this Department. State assistance may
not be provided until a 2a site is reclassified as
Classification 3, Classification 4 or Classification 5 or is
delisted. If a 2a site is not reclassified as Classification
3, Classification 4 or Classification 5 or delisted within six
months after submission of an application for State assistance
under this program, then the application status will be
reviewed by this Department. If the site is still a
Classification 2a due entirely to the department's delay in
reclassification, then the application will be granted an
extension of up to six months for reclassification to take
place. Otherwise, the application will be rejected.
Furthermore, the landfill closure project must comply with the
Part 360 regulations for new facilities (6 NYCRR Part 360) in effect
six months prior to receipt of the application by the Director,
Division of Solid Waste, NYSDEC, Albany, New York 12233-4010. In
other words, Paragraph 360-1.7(a)(2) , Transition, of the Part 360
regulations cannot be used to lessen the closure requirements.
(9/90) Page 4 of 10
An example of this situation would be a municipality which had
signed a consent order in April 1988 requiring closure of the
municipality's landfill by October 1, 1992. If the municipality
complied with all requirements of the consent order, then paragraph
360-1.7(a)(2) , Transition, would require that the closure project
meet the closure requirements of the Part 360 regulations which were
in effect on the day the consent order was signed.
However, to be eligible for State assistance under this program, the
closure project would have to meet the closure requirements of the
Part 360 regulations which were in effect six months prior to
receipt of the application by the Director, Division of Solid Waste,
NYSDEC, Albany, New York 12233-4010. A variance granted in
accordance with Subdivision 360-1.7(c) , Variances, will not make the
landfill closure project ineligible for State assistance under this
program.
The municipality must be obligated to close the landfill by a
specific date. This obligation must be either an administrative
order, a court order or a permit condition. The obligation to close
must include a requirement that the landfill closure site stop
receiving waste within 18 months after the end date of the group in
which the application is- placed. See Section VII, Evaluation of
Applications, for an explanation of how the grouping is determined.
The municipality must be in substantial compliance with the
obligation to close.
A closure investigation report must have been completed for the
site. This report must comply with the regulations for new
facilities as set forth in the Part 360 regulations (6 NYCRR Part
360) which are in effect six months prior to submission of the
application. Paragraph 360-1.7(a)(2) , Transition, cannot be used to
lessen the requirements of the closure investigation report.
Before receiving any State assistance under this program, the
applicant must waive any right to assistance under Section 27-1313
of the ECL (inactive hazardous waste site remediation grants) .
The NYSDEC may allow a phased closure of a landfill site. In this
case, only the phase for which the municipality is applying for
State assistance need have an obligation to close. The obligation
to close need require only that that phase, not necessarily the rest
of the landfill site, stop receiving waste within 18 months
following the end date of the group in which the application for
State assistance is placed. In other respects, the application
procedure is the same as that for an entire landfill .
If a municipality is applying for State assistance to close a phase,
that phase must not be contiguous to any other landfill waste mass
(see the PHASED CLOSURE EXAMPLES sheet enclosed in the application
kit) . A landfill closure site, even if made up of multiple phases,
is not eligible for more than a total of $2 million in State
(9/90) Page 5 of 10
assistance under this program. If State assistance is approved for
a phase, all subsequent phases of the landfill closure site must be
closed in accordance with the regulations for new facilities set
forth in 'the 6 NYCRR Part 360 in effect six months before the
phase becomes inactive. Paragraph 360-1.7(a)(2) , Transition, cannot
be used to lessen these closure requirements.
VI . Application Preparation and Contents
A blank application form is included in this Application Kit. Fill
it out in its entirety, typing or neatly printing in black ink. The
following documents must be included with the completed application
form:
1. A copy of the closure investigation report which has been
LWprepared for the landfill closure site. This report must
comply with the Part 360 regulations (6 NYCRR Part 360) for
new facilities which are in effect six months prior to
bmission of this application. Paragraph 360-1.7(a)(2),
ransition, of the regulations cannot be used to lessen the
requirements for this report.
If the closure investigation report is found to be not
acceptable, the State assistance application will be
rejected. In that case, a new closure investigation report
must be submitted and then a new State assistance
application must be submitted. It is recommended that the
applicant meet.with Department staffrp for to the start of
the closure investigation to discuss exactly what will be
needed in the investigation report.
2. If applicable, a copy of correspondence from the Department
verifying that the closure investigation report has been
approved.
a 3. A copy of the administrative order, court order or permit
fj containing the obligation to close the landfill closure
site by a specific date.
4. A MUNICIPAL LANDFILL CLOSURE PROJECT WORK PLAN which lists
the tasks included in the closure project, a timetable for
the completion of each task and the cost of each task. A
\\work plan form is included in this Application Kit. On
this form, enter the begin and end date for each task and
indicate whether dates are prospective or actual by
' circling either P or A. Also enter the cost of each task
and indicate whether that figure is estimated or actual .
If a listed task is not included in your closure project,
indicate on the form that the task is not applicable. If
any additional tasks must be added, include them (along
with the begin date, end date and cost information) at the
end of the form or on an attached sheet of paper. Any
(9/90) Page 6 of 10
tasks for which you are seeking State assistance must be
included in this project work plan.
5. ' A copy of the resolution, certified by the recording
officer, giving the governing body's authorization for
submission of the application. This must include the name
and title of the individual who is authorized to represent
the municipality in connection with the application and who
will sign the application. A sample resolution is included
in this Application Kit for reference.
6.. A statement that the landfill closure site is not currently
Classification 1 or Classification 2 according to the
Registry. If the landfill closure site is not currently
Classification 2a according to the Registry, this fact must
�j also be included in the statement. This statement must be
1 signed by the individual authorized to sign the
application.
7. A statement that a complete reclassification investigation
has been submitted to the Department if the landfill
closure site is Classification 2a according to the
Registry. This statement must be signed by the individual
authorized to sign the application.
8. An affirmative action workplan which details the
applicant's commitment to the affirmative action program.
This must include a designation of an affirmative action
representative, a municipal policy statement and a project
f description. See the two AFFIRMATIVE ACTION REQUIREMENTS
\�V enclosures included in this Application Kit for a complete
1t'\� description of what must be included.
h
9. A statement that the landfill closure project area will not
have a landfill constructed on it. This statement must be
signed by the individual authorized to sign the
application.
10. A statement that post-closure monitoring and maintenance of
the landfill closure site will be implemented in accordance
�( with Subdivision 360-2.15(i ), Post-closure operation and
U/ v maintenance, of the Part 360 regulations. This statement
must be signed by the individual authorized to sign the
application.
ed MUNICIPAL LANDFILL CLOSURE PROJECT RANKING
SYSTEM any information needed to determine
the score. A blan ' ' cluded in this
application kit. The Department may a plicant
to submit additional information to support t e
is determined.
(9/90) Page 7 of 10
Submit the complete original application package and one copy of the
complete application package to:
Director
Division of Solid Waste
NYSDEC
50 Wolf Road
Albany, NY 12233-4010
ATTN: Landfill Closure Assistance Program
Submit one copy of the completed application package to the NYSDEC
Regional Solid Waste Engineer at the appropriate regional
headquarters (as shown on the map of DEC regions included in this
Application Kit) .
For clarification of any application requirements, contact the
Bureau of Facility Management at (518) 485-5855.
Evaluation of Applications
pplications will be grouped according to the date received by the
ector, Division of Solid Waste, NYSDEC, Albany, New York
1 -4010. The first group will be September 1, 1990 through
Dece r 31, 1990. Later groups will be established quarterly,
beginn with the second group, January 1, 1991 through March 31,
1991. To included in a group, an application must be received by
4:30 p.m. , al prevailing time, on the last business day of that
group. Any a ication for a landfill closure site or phase which
does not have a ligation to close requiring cessation of waste
acceptance by the date of the group in which the application is
placed will be reje e .
State assistance will b a rded chronologically by group. Thus in
any one group, if there ar s ficient funds, State assistance will
be approved for all complete p ications in that group.
If there are not sufficient fund to rovide State assistance for
all complete applications in that g u then the Department will
rank the applications in that group a or ing to Subdivision
360-9.5(d), Department review point valu f the Part 360
regulations. This ranking system was deve p to take into
account: potential impact on surface water a oundwater; actual
contamination from leachate and gas migration; n financial need as
determined by population size and the ratio of e 1 le costs to
population.
The Department will then approve complete applications 1 at group
in the order of their scores, beginning with the applicati ith
the highest score. If two or more applications in the group a
the same score, they will be approved in the order in which th
were received. Department review of applications will cease whe
(9/90) Page 8 of 10
funds available for State assistance under this program are
exha
Any application whic be incomplete will be returned to
the applicant with an explana it is incomplete. The
applicant may then submit a revised ap I An incomplete
application will lose its original receipt da . I vised
application is submitted, it will receive a new rece t .
VIII . Eligible Costs, Contracts and Payment Schedule
Costs which are eligible and those which are ineligible for funding
under this program are described in 6 NYCRR 360-9.6, Eligible and
ineligible costs. The eligibility of specific costs will be
determined by the Department according to these guidelines.
Once a municipality's application for State assistance is approved,
the municipality must enter into a contract with the Commissioner.
The contract must include all parts required by Section 360-9.8,
State assistance contract, of the Part 360 regulations. Upon
receipt of a contract from the Department, the applicant must sign
and return the contract properly executed within 90 calendar days or
the application will be rejected.
The contract will include provisions addressing when and in what
manner requests for reimbursement must be filed by the municipality.
When one of these payment milestones is reached, the municipality
may file for reimbursement of eligible costs which have been paid by
the municipality and which have not been previously reimbursed by
the State.
For example, the first milestone might be approval of the closure
plan. Once this was accomplished, the municipality would file for
reimbursement of the cost of performing the closure investigation,
preparing the closure investigation report and preparing the closure
plan. The next milestone might be completion of cap construction.
Once this was completed, the municipality would file for
reimbursement of the construction costs.
For each payment milestone', the municipality may apply for
reimbursement of the applicable costs.
The municipality must use the MUNICIPAL LANDFILL CLOSURE PROJECT
REIMBURSEMENT APPLICATION form (a copy is included in this
Application Kit) to file for reimbursement at each payment
milestone. The tasks for which the municipality is filing for
reimbursement must be listed specifically along with their costs,
begin dates and end dates (see EXAMPLE MUNICIPAL LANDFILL CLOSURE
PROJECT REIMBURSEMENT APPLICATION) . Along with this completed form,
the municipality must include documentation (such as project
management, accounting, procurement and property control records)
necessary to verify that the municipality has paid all costs
concerned.
(9/90) Page 9 of 10
Up to 10% of the State assistance will be retained by the State (as
provided in the contract) until the completed project is reviewed
and approved by the Department.
The amount awarded through State assistance is subject to revision
pending a final computation and determination by the Commissioner.
The approved project cost shall be reduced by the amount of any
specific funding for the project received by the municipality from
any source. For example, if the municipality's total project cost
is two million dollars and the municipality receives a grant for one
million dollars from the Federal Government to close the landfill ,
then this program would provide the municipality with a maximum of
five hundred thousand dollars (fifty percent of the one million
dollars paid by the municipality) .
(9/90) Page 10 of 10
New York State Department of Environmental Conservation
50 Wolf Road,Albany, New York 12233-1010 Imhof
MW
Michael D.Zagata
Commissioner
2 ►996
Dear Municipal Official or Interested Party:
A public meeting will be held on July 25, 1996 in Albany to
discuss the State Revolving Fund (SRF) , New York's loan program for
municipal water pollution control projects. The public meeting will
be followed immediately by a public hearing on the SRF program's draft
financing plan for FFY 1997. You are invited to attend this meeting
to learn more about the loan program and how it can help your
municipality.
This year we will again hold only one public meeting and hearing
on the Draft Intended Use Plan (IUP) . This meeting will be augmented
by a series of seven free workshops between July 9 and August 1, 1996
which will assist public officials and their professional service
providers with the loan application process and completing the loan
application. One of these workshops will follow the public meeting
and hearing on July 25. Please contact Mr. David Morseman at EFC's
toll-free information line (800) 882-9721 if you want information
about these workshops.
The SRF has loaned over $3 .28 billion to 212 municipalities
around the State since it began operation in 1990. These loans have
saved loan recipients millions of dollars through interest rate
subsidies.
The July 25th meeting will give you the opportunity to learn
valuable information about the SRF loan program. The agenda will
include:
■ Discussion of the enclosed draft 1997 IUP for the SRF.
This IUP will cover projects that could receive SRF low
interest loans between October 1, 1996 and September 30,
1997. The draft includes information on the following:
- the short term and long term financing programs;
- the draft Annual & Multi-Year Project Priority Lists;
- the project scoring and ranking system;
- anticipated funds available for financing;
- criteria for selecting projects to receive SRF loans;
Y
2 .
the types of municipal point source and nonpoint
source projects eligible for SRF financing;
the cut-off date for adding projects to the IUP; and
how financial hardship determinations are made to
qualify high-priority sewage treatment works projects
for reduced interest rate loans.
■ Discussion of significant program developments.
■ An opportunity for Environmental Facilities Corporation
staff to meet with individual municipal representatives to
answer questions about SRF financing for their projects.
The enclosed Schedule provides the date, time, location and
agenda for the public meeting and describes how to comment on the
draft IUP. Also enclosed is a summary of Highlights of Significant
Program Developments that will be discussed. If you are unable to
attend the public meeting in Albany on July 25th, you can send us your
comments by FAX or mail as noted on the enclosed schedule.
We look forward to working with you to provide low cost SRF
financing for your water pollution control projects.
Sincerely,
i2*!ZZta
Commissioner of
Environmental Conservation
Chairman, Environmental
Facilities Corporation
Enclosures
NEW YORK STATE WATER POLLUTION CONTROL REVOLVING FUND
DRAFT FFY 1997 INTENDED USE PLAN
PUBLIC MEETING AND HEARING
SCHEDULE
DATE CITY/COUNTY TIME LOCATION
July 25 Albany 1:30 pm Colonie Town Library
(Thursday) Albany County Stedman Room
629 Albany Shaker Road
(EBit 4 off I-87)
Loudonville, NY
(518) 458-9274
Agenda:
■ Program Overview.
■ Significant Program Developments and Proposals.
■ Presentation on the IUP with Question & Answer Session.
■ Public Hearing on the IUP.
■ SRF Application Workshop following Public Hearing.
■ Meetings with Individual Community Representatives.
Reasonable accommodations will be provided for disabled
persons if requested in advance.
Pre-registration is not required. However, if you plan to
attend and wish to discuss specific issues regarding your project,
please call EFC in advance so that we can be better prepared to
assist you.
Written statements or comments on the draft IUP can be filed
prior to the hearing, at the hearing, and after the hearing until
the close of business on Friday, August 9, 1996. Written and oral
statements will be made part of the official record. Written
statements or comments on the draft IUP should be filed with:
Mr. Robert Davis, P.E.
Director of Engineering and Program Development
New York State Environmental Facilities Corporation
50 Wolf Road, Room 502
Albany, New York 12205-2603
FAX: (518) 485-8494
If you would like additional information on the public meeting
and hearing, the IUP listing process, or the SRF program, please
contact Mr. David Morseman, Program Services Representative II, at
EFC's toll-free information line (800) 882-9721 (within NYS only)
or (518) 457-3833 .
New York State Water Pollution Control Revolving Fund
Highlights of Significant Program Developments
Draft FFY 1997 Intended Use Plan
October 1, 1996 - September 30, 1997
■ The SRF loan fund potential is anticipated to be sufficient to
finance all projects ready during this SRF financing period.
■ Provided that sufficient resources exist, the Annual Project
Priority List may be amended during the effective period of
the IUP to add new projects. Updates will be published in the
Environmental Notice Bulletin (ENB) .
■ Legislation has been proposed to extend the 50% SRF interest
rate subsidy from March 31, 1996 through September 30, 1998.
■ Schedule for long term financings:
Winter Pool - Complete application due by November 1, 1996.
Loan closing in March 1997.
Summer Pool - Complete application due by April 1, 1997.
Loan closing in August 1997.
■ Seven Application Workshops will be held between July 9 and
August 1, 1996 for municipalities that expect to apply for FFY
1997 SRF loans.
Department or Environmental Conservation
Division of Solid Waste
6 NYCRR, Subpart 360-9
State Assistance and Loans
for
Municipal Landfill Closure
Projects
Effective December 14 , 1994
New York State Department of Environmental Conservation
GEORGE E. PATAKI, Governor
9 0
STATE ASSISTANCE AND LOANS FOR 9-1
MUNICIPAL LANDFILL CLOSURE PROJECTS
Subpart 360-9 is amended to read as follows
SUBPART 360-9
STATE ASSISTANCE AND LOANS FOR MUNICIPAL LANDFILL CLOSURE PROJECTS
Section 360-9.1 Purpose and applicability
360-9.2 Definitions
360-9.3 Application eligibility
360-9.4 Application procedure
360-9.5 Department review
360-9.6 Eligible and ineligible costs for state assistance payments
and loans
360-9.7 State assistance progress reviews and reimbursement schedule
360-9.8 Loan approvals
360-9.9 State assistance contract
360-9.10 Return of state assistance for nonperformance
360-9.11 Loan contract
360-9. 12 Return of loan for nonperformance
Section 360-9. 1 Purpose and applicability.
(a) Purpose. Title 5 of Article 54 of the Environmental Conservation Law
provides money in the form of state assistance and loans to eligible
municipalities to help pay for municipal landfill closures. For a municipality
with a population of 3,500 or more, as determined by the most recent federal
decennial census, the maximum total of state assistance payments shall be either
50 percent of the approved project cost or $2,000,000, whichever is less. For
a municipality with a population less than 3,500, as determined by the most
recent federal decennial census, the maximum total of state assistance payments
shall be either 75 percent of the approved project cost or $2,000,000, whichever
is less. A municipality with a population, as determined by the most recent
federal decennial census, of less than 3,500 may also be eligible for an
interest-free loan to a maximum of the unfunded eligible cost portion of the
project. The purpose of this Subpart is to establish eligibility requirements,
application procedures and procedures the department will follow to implement the
state assistance and loan programs.
(b) Applicability. This Subpart applies to applications for state
assistance or loans for municipal landfill closure projects funded by the
Environmental Protection Fund and the Environmental Quality Bond Act as provided
for in Title 5 of Article 54 of the Environmental Conservation Law (ECL) . Monies
available from the Environmental Protection Fund and Environmental Quality Bond
Act of 1986 may only fund eligible project costs incurred before the date
specified in ECL 54-0505(2) .
9 9
STATE ASSISTANCE AND LOANS FOR 9-2
MUNICIPAL LANDFILL CLOSURE PROJECTS
(c) Nothing in this Subpart shall be construed to limit or restrict any
powers of the commissioner or any other agency pursuant to any other provision
of law.
Section 360-9.2 Definitions.
(a) Definitions from Environmental Conservation Law. As used in this
Subpart, the following terms shall be interpreted with the meanings ascribed to
them in sections 54-0101 and 54-0501 of the ECL.
(1) Cost means the capital cost of an approved municipal landfill
closure project including engineering and architectural services, plans and
specifications, consultant and legal services, and other direct capital expenses
incident to such project, less any federal , state or other assistance for such
project received or to be received.
(2) Federal assistance means funds available, other than by loan, from
the federal government, either directly or through allocation by the State for
construction or program purposes pursuant to any federal law or program.
(3) Governing body means:
(i ) in the case of a county outside of the City of New York, the
county board of supervisors or other elective governing body;
(ii ) in the case of a city or village, the local legislative body
thereof, as the term is defined in the Municipal Home Rule Law;
(iii ) in the case of a town, the town board;
(iv) in the case of a public benefit corporation, the board of
directors, members or trustees thereof;
(v) in the case of a public authority, the governing board of
directors, members, or trustees thereof;
(vi ) in the case of a not-for-profit corporation, the board of
directors thereof or such other body designated in the certificate of
incorporation to manage the corporation;
(vii ) in the case of a Native American tribe, any governing body
recognized by the United States or the State of New York; and,
(viii ) in the case of a state agency, the Commissioner of the state
Agency.
(4) Municipality means a local public authority or public benefit
corporation, a county, city, town, village, state agency, state public authority,
0 0
STATE ASSISTANCE AND LOANS FOR 9-3
MUNICIPAL LANDFILL CLOSURE PROJECTS
state public benefit corporation, or Native American tribe or nation residing
within New York State, or any combination thereof.
(5) Municipal landfill closure project means activities undertaken to
close, including by reclamation, a landfill owned or operated by a municipality
to achieve compliance with regulations promulgated by the department.
(6) Not-for-profit corporation means a corporation formed pursuant to
the not-for-profit corporation law and qualified for tax-exempt status under the
federal internal revenue code.
(7) Solid waste shall have the definition set forth in title 7 of
article 27 of the Environmental Conservation Law but shall not include hazardous
waste as defined in Title 9 of Article 27 of the Environmental Conservation Law.
(8) State assistance payment means monies paid by the State to
reimburse municipalities for eligible costs incurred for projects authorized by
the Environmental Protection Act to preserve, enhance, restore and improve the
quality of the State's environment.
(b) Other definitions. These terms have the following meanings when used
in this Subpart.
(1) Approval means a formal written department determination of
compliance with all applicable portions of this Subpart.
(2) Contiguous means having a common boundary or being hydraulically
connected, as determined by the department.
(3) Failure to make a loan payment means failure to make a loan
Dayment on or before the date required in the loan contract described in section
760-9. 11 of this Subpart.
(4) Landfill closure site means a site as defined in paragraph 360-
1 .2(b) (154) of this Part or a landfill as recognized by the department.
(5) Loan payment means debt service payment on a loan provided by the
state in accordance with the Environmental Protection Act.
(6) Reclamation means department-approved landfill reclamation
activity as defined in paragraph 360-2. 18(a) (1) of this Part.
(7) Reclassification investigation means an investigation of
sufficient scope to enable the department to change the Registry classification
of a Classification 2a landfill site.
(8) Registry means the most recent publication of New York State
Department of Environmental Conservation' s Inactive Hazardous Waste Disposal
Sites in New York State, Annual Report and any subsequent updates.
0 9
STATE ASSISTANCE AND LOANS FOR 9-4
MUNICIPAL LANDFILL CLOSURE PROJECTS
(9) State assistance means funds available, other than by loan, from
the state government for construction or program purposes pursuant to any s-..-:te
law or program.
Section 360-9.3 Application eligibility.
A municipality may apply for state assistance, a loan, or state assistance
and a loan if the landfill closure site meets the following requirements:
(a) Ownership. The site must be municipally owned or operated and the
municipality must have full responsibility for all closure and post-closure
activities.
(b) The loan applicant must have a population, as determined by the most
recent federal decennial census, of less than 3,500.
(c) Additional requirements. The following conditions must be met:
(1) the landfill closure site is not classified as a Classification
1 or Classification 2 in the Registry;
(2) a municipality with a Classification 2a site in the Registry is
eligible to apply for state assistance if the municipality has submitted a
complete reclassification investigation report to the department.
(i ) A landfill closure site classified as Classification 2a is
not eligible for state assistance unless it is reclassified to Classification 3,
Classification 4, Classification 5 or delisted.
(ii ) If, six months after the date of application, the site is not
reclassified to a Classification 3, Classification 4 or Classification 5 or
delisted, the application status will be reviewed by the department. If the site
remains a Classification 2a due entirely to the department's delay in
reclassification, then the applicant will be granted an extension up to an
additional six months for reclassification; otherwise the application becomes
invalid.
(d) Applicable regulations. The municipal landfill closure project must
comply with regulations for new facilities, as set forth in this Part, which are
in effect six months prior to the application for state assistance. A variance
granted in accordance with subdivision 360-1 .7(c) of this Part, will not make a
municipal landfill closure project ineligible for state assistance.
(e) Obligation to close. The municipality is obligated to close the
landfill by a specific date. The obligation must be in the form of:
(1) an administrative order;
! s
STATE ASSISTANCE AND LOANS FOR 9-5
MUNICIPAL LANDFILL CLOSURE PROJECTS
(2) a court order; or
(3) a permit condition.
The municipality must be in substantial compliance with the obligation to
close. The obligation to close must include a requirement that the landfill
closure site stop receiving solid waste within 18 months following the approval
date of the application for state assistance.
(f) Closure investigation report. A closure investigation report must be
completed for municipal solid waste landfills. A hydrogeologic report must be
completed for municipal construction and demolition debris landfills. These
reports must comply with regulations for new facilities, as set forth in this
Part, that are in effect six months prior to the application for state
assistance.
(g) Waiver of assistance. Upon project approval for state assistance, a
loan, or state assistance and a loan under this Subpart, the municipality must
waive any right to assistance under section 27-1313 of the ECL.
(h) Phased landfill closure. The department may allow a municipality to
close a landfill site in phases. Each phase will be a municipal landfill closure
project for construction purposes only. A phased landfill closure project:
(1) does not entitle the municipality to state assistance beyond the
$2,000,000 maximum that the municipality can receive for the entire site;
(2) may be approved by the department if the closure project area is
noncontiguous to any other landfill waste mass or, if contiguous to another waste
mass. such mass has been closed in accordance with regulations that were in
effect at the time of its closure; and
(3) must have all subsequent phases closed in accordance with
regulations for new facilities, as set forth in this Part, that are in effect six
months before the phase becomes inactive.
Section 360-9.4 Application procedure.
An eligible municipality may apply to the department for state assistance,
a loan or state assistance and a loan. The application must be submitted
according to the following procedure:
(a) Application form. The application must be on forms provided by the
department, and must be accompanied by the following:
(1) a copy of the closure investigation report required under
subdivision 360-9.3(f) of this Subpart, and correspondence indicating the
approval status of the report;
STATE ASSISTANCE AND LOANS FOR 9-6
MUNICIPAL LANDFILL CLOSURE PROJECTS
(2) a copy of the administrative order, court order or permit
condition containing the obligation to close the landfill site by a specified
date that conforms to subdivision 360-9.3(e) of this Part;
(3) a municipal -landfill closure project work plan outlining the tasks
to be completed and tasks already completed, a timetable for the proposed or
actual completion of each task, and estimated or actual costs for each task;
(4) a certified copy of the governing body's authorization for
submission of the application which contains the following information:
(i ) name of governing body;
(ii ) name of individual authorized to sign application; and
(iii ) certification by recording officer;
(5) a statement that the landfill site is not currently a
Classification 1 or Classification 2 in the Registry. A site classified as
Classification 2a in the Registry must verify that a complete reclassification
investigation has been submitted to the department;
(6) an affirmative action work plan which details the applicant's
commitment to the affirmative action program and includes: designation of an
affirmative action representative, a municipal policy statement and a project
description;
(7) a statement that the landfill closure project area will not have
a landfill constructed on it; and
(8) a statement that post-closure monitoring and maintenance of the
landfill site will be implemented in accordance with subdivision 360-2. 15(i ) .
(b) Necessary information. The applicant must provide all information
necessary to enable the department to determine the applicant's score under
subdivision 360-9.5(d) of this Subpart.
(c) Central office submission. The original application package for state
assistance must be submitted to:
Director
Division of Solid Waste
New York State Department of Environmental Conservation
50 Wolf Road
Albany, NY 12233-4010
Attn: Landfill Closure State Assistance/Loan Program Application
(d) Regional office submission. One complete copy of the application
package must be submitted to the regional solid waste engineer in the region in
which the landfill closure project is located.
STATE ASSISTANCE AND LOANS FOR 9-7
MUNICIPAL LANDFILL CLOSURE PROJECTS
Section 360-9.5 Department review.
The department will use the procedures in this section to determine the
order in which it will review and approve applications for state assistance,
loans or state assistance and loans.
(a) Receipt of applications. Date of receipt of approvable applications
will be based upon the date received in the Albany, NY office or the date 18
months before the stop accepting waste date set forth in the facility's
obligation to close, whichever is later. Applications received on a Saturday,
Sunday, a holiday when state offices are closed, or after 4:30 p.m. on any
business day will be considered received on the next business day.
(b) Initial review. The department will do an initial review of all
applications for completeness.
(c) Award of state assistance and loans. Applications for state assistance
and loans will be funded in the following order:
(1) any application for state assistance which was partially funded
by the department under the Landfill Closure State Assistance Program that became
effective September 1, 1990 which, due to insufficient funds, was not funded up
to the maximum total state assistance authorized by subdivision 360-9.9(e) of
this Subpart;
(2) an increase in state assistance from 50 percent of eligible costs
to 75 percent of eligible costs for applicants for state assistance that have or
had contracts under the Landfill Closure State Assistance Program that became
effective September 1 , 1990, and which have a population, based on the most
recent federal decennial census, of less than 3,500, provided, however, that:
(a) in no event shall the State assistance payments exceed a
total of $2,000,000; and,
(b) if available funds are insufficient, the department will
provide state assistance in the order that approvable applications were initially
received.
(3) applicants for loans that have or had existing contracts under the
Landfill Closure State Assistance Program that became effective September 1,
1990.
(a) if available funds are insufficient, the department will
provide loans in the order that the approvable applications for state assistance
were initially received.
(4) all other applications for state assistance and loans.
STATE ASSISTANCE AND LOANS FOR 9-8
MUNICIPAL LANDFILL CLOSURE PROJECTS
(a) if available funds are insufficient, the department will
provide state assistance and loans in the order of initial date of receipt of
approvable applications.
Section 360-9.6 Eligible and ineligible costs for state assistance payments and
loans.
(a) Eligible costs. Reasonable costs directly related to a municipal
landfill closure project will be considered eligible. Eligible costs include the
following to the extent that they are necessary for actual project construction:
(1) costs for preparation of a closure investigation report;
(2) costs for preparation of a reclassification investigation - this
cost will be considered eligible for sites that were classified in the Registry
as Classification 2a and have become eligible for state assistance as a result
of the reclassification investigation;
(3) costs for engineering and architectural services;
(4) costs for preparation of plans and specifications;
(5) costs for consultant services;
(6) costs for legal services;
(7) costs for closure construction; and
(8) costs for other direct capital expenses incident to the municipal
landfill closure project as approved by the department.
(b) Ineligible costs. The following costs incurred in the design and/or
implementation of a municipal landfill closure project are not eligible for state
assistance:
(1 ) costs incurred to perform the municipal landfill closure project
if it is not fully implemented in accordance with plans and reports approved by
the department;
(2) costs incurred in preparing and submitting an application under
Title 5 of Article 54 of the ECL;
(3) costs for which the commissioner determines funds are not
available;
(4) post-closure monitoring and maintenance costs associated with a
municipal landfill closure project;
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STATE ASSISTANCE AND LOANS FOR 9-9
MUNICIPAL LANDFILL CLOSURE PROJECTS
(5) costs for activities associated with development of alternative
waste disposal sites or techniques;
(6) costs incurred before the date specified in ECL 54-0505(2) ;
(7) costs incurred if the department determines that the landfill
closure site is a Classification 1 or Classification 2 in the Registry;
(8) costs incurred to perform the municipal landfill closure project
that are inconsistent with or in violation of the procedures and requirements for
the state assistance program under Title 5 of Article 54 of the ECL, or other
applicable laws;
(9) costs associated with a municipal landfill closure project that
does not comply with the landfill closure requirements for new facilities as set
forth in Part 360 of this Title, that is in effect six months prior to the
application for state assistance;
(10) any portion of the cost for which federal or other specific
assistance has been or will be .received; and
(11) costs for activities not approved by the department.
Section 360-9.7 State assistance progress reviews and reimbursement schedule.
(a) Approval process. State assistance will be approved only for municipal
landfill closure projects that include plans for closure, post-closure and
construction that conform to the requirements for new facilities as set forth in
Part 360 of this Title, that are in effect six months prior to the application
for state assistance.
(b) Requirements for reimbursement. A municipality that has entered into
a contract with the commissioner in accordance with section 54-0509 of the ECL
must:
(1) perform closure work according to the schedule(s) included in the
contract;
(2) file progress reports at intervals stipulated in the contract;
(3) file, on forms prescribed by the department, for reimbursement at
each payment milestone identified in the contract documents; and
(4) document and certify, when filing for reimbursement, that the
municipality has paid all costs concerned by submitting necessary copies of the
project's management, accounting, procurement and property control records.
STATE ASSISTANCE AND LOANS FOR 9-10
MUNICIPAL LANDFILL CLOSURE PROJECTS
(c) Department review. The department will :
(1) review reimbursement requests and either approve or deny payment;
(2) notify the municipality of denial of payment, with an explanation
of the reasons for denial ; and,
(3) process reimbursement requests expeditiously.
(d) Revision of award amount. The amount awarded through state assistance
is subject to revision pending a final computation and determination by the
commissioner. The approved project cost will be reduced by the amount of any
specific grants for the project received by the municipality from any source.
Section 9.8 Loan approvals.
(a) Loan requirements. A municipality eligible for state assistance
payments pursuant to section 360-9.7 of this Subpart, and that has a population,
as determined by the most recent federal decennial census, of less than 3,500 is
also eligible for an interest-free loan to a maximum of the unfunded eligible
cost portion of the project. The loan will not be closed prior to processing of
the final reimbursement request as described in section 360-9.9 of this Subpart.
(b) Loan amount. The loan amount will not exceed the eligible cost portion
of the project not funded by state assistance payments.
(c) Loan schedule. The loan must be repaid in equal installments, and over
a term not to exceed twenty years.
360-9.9 State assistance contract.
Upon approval of a state assistance application, a municipality must enter
into a contract with the commissioner on a timely basis. The contract must
include but not be limited to:
(a) provisions for implementation of the approved municipal landfill
closure project and any amendments;
(b) provisions for reimbursement including:
(1) a current estimate of the cost of the project;
(2) periodic reimbursement:
(i ) for cost incurred during the project; and
STATE ASSISTANCE AND LOANS FOR 9-11
MUNICIPAL LANDFILL CLOSURE PROJECTS
(ii ) the periodic reimbursement amount will be pro-rated based
upon the estimated total project cost.
(c) an agreement by the municipality to:
(1) proceed expeditiously with the project;
(2) complete the project in accordance with plans and reports approved
by the department; and,
(3) complete the project in accordance with the conditions of
applicable permits, administrative orders or judicial orders.
(d) provisions relating to:
(1) competitive bidding procedures;
(2) protests;
(3) awarding of construction contracts;
(4) change orders;
(5) department on-site inspections;
(6) inspections of records;
(7) audits;
(8) force accounts;
(9) construction schedules;
(10) project management;
(11) progress report submittals;
(12) submittal of requests for reimbursement;
(13) minority and women's business enterprises and equal employment
opportunity requirements;
(14) State retainage of up to 10 percent of the state assistance until
the completed project is reviewed and approved by the department; and
(15) post-closure monitoring and maintenance;
(e) a current estimate of the cost of the project as determined by the
commissioner at the time of the execution of the contract; and,
STATE ASSISTANCE AND LOANS FOR 9-12
MUNICIPAL LANDFILL CLOSURE PROJECTS
(f) the maximum total state assistance which may be awa;-;,6a for the
project.
Section 360-9.10 Return of state assistance for nonperformance.
(a) Failure to comply. If the municipality has failed to comply with the
state assistance contract, the department will : _
(1) notify the municipality of the failure; and
(2) allow the municipality a reasonable time to correct the failure.
(b) Violation of contract. If the failure is not corrected in the time
allowed by the department, the municipality will be in violation of the contract
and the department will :
(1) withhold any future state assistance under the contract; and
(2) demand immediate repayment of any state assistance received by the
municipality.
Section 360-9. 11 Loan contract.
If a loan application is approved, a municipality must enter into a loan
contract with the commissioner, or his agent, on a timely basis. The loan
contract must include, but not be limited to:
(a) a provision that the loan is interest-free;
(b) a provision for loan payment, including the loan term;
(c) a provision for adding a one percent per month surcharge for each month
of delinquent loan payment on all loan payments not paid within sixty days after
the due date;
(d) a provision for conditions under which the municipality is in violation
of the loan contract;
(e) a provision incorporating applicable requirements of the state
assistance contract into the loan contract;
(f) provisions as set forth in subdivision 360-9.9 of this Subpart, except
for subdivisions 360-9.9(b) and (e) , and paragraphs 360-9.9(d) ( , , ,!2) and (14)
of this Subpart;
(g) a provision for intercepting any State aid payable to a loan recipient
that has a failed loan payment to the exact amount of the recipients total failed
payment, including any surcharge; and,
STATE ASSISTANCE AND LOANS FOR 9-13
MUNICIPAL LANDFILL CLOSURE PROJECTS
(h) a provision for intercepting any State aid payable to a loan recipient
that has defaulted on its loan contract to the exact amount of the recipient' s
total principal and surcharge due.
Section 9. 12 Return of loan for nonperformance.
(a) Failure to make a loan payment. In the event of failure to make a loan
payment:
(1) the department will certify to the comptroller that the
municipality has failed to make a loan payment; and,
(2) the comptroller will upon receipt of such certification, withhold
from the municipality any State aid payable to it to the extent necessary to meet
the amount due the department, including the recipient's total failed payment and
surcharge.
(b) Loan contract default. Failure to make any three (3) loan payments or
failure to comply with the terms of the loan contract is a loan contract default.
In the event of a loan default, the Department may require, upon written notice,
prompt payment of the total unpaid principal of the loan and any surcharges. If
prompt payment is not made in full , then:
(1) the department will certify to the comptroller that the
municipality has defaulted on the loan contract; and,
(2) the comptroller will upon receipt of such certification, withhold
from the municipality any State aid payable to it to the extent necessary to meet
the amount due the department.
REGIONAL OFFICES REGION
(Herkimer,Jefferson, Lewis, REGION 5
Solid Waste Engineers Oneida,St. Lawrence) (Clintr.n, Essex. Franklin,War Fulton,
MamlMon,Saralo e, Warren,
MAIN OFFICE Washington)
Division of Solid Waste John Kenna
FFICE
New York State
StateOffice
tonStre GeorMAIgeOSt hies
317 Washington Street g
Department of Environmental Conservation Watertown, NY 13601-3787 Route R '86, P'; B.)x 296Y 12977 02
(315)785.2513 y k
SUB OFFICE (518)1c97-1242
Robert Senior SUB OFFICE
LEGEND State Office Building Constantine Carayiannis
�
Regional Headquarters
207 Genesee Street 6T Box 220 i
Utica, NY 13503 J C Hudson Street Extension
(315)793-2554 Warrensburg, NY 128850220
July 1994 \, -- (518)6233671
_1 DEC CENTRAL OFFICE
Division of Solid Waste
50 Wolf Ro�1
Albany,NY i_.334010
-- —
15113)457.6643
r ---- -,. John J Wilson,Director
J 8 Rob--.rt Miuey,Assistant Director
L1l ---- 7 REGION 4
L —� _ (Albany,Columbia, Delaware,
111 t _ , Greene, Montgomery, Otsego,
9 { Rensselaer, Schenectady,
Schoharie)
Richard Forgad
!/ 1150 North Westcoll Road
ti Schenectady, NY 12306 2014
(518)357.2045
REGION 9 REGION 8 REGION 7 l REGION 3
(Allegany,Cattaraugus, (Chemung,Genesee, Livingston, (Broome,Cayuga,Chenango, (Dutchess, Orange, Putnam,
Chautauqua,Erie, Niagara, Monroe,Ontario,Orleans, Cortland, Madison,Onondaga, Rockland, Sullivan, Ulster,
Wyoming) Schuyler,Seneca,Steuben, Oswego,Tloga,Tompkins) < Westchester)
Mark Hans Wayne,Yates) Larry Grossi�., Alan Fuchs
270 Michigan Avenue Daniel David 615 Erle Blvd.W. q 21 Sough Pull :oiners Road
Buffalo, NY 14203-2999 6274 E. Avon Lima Road Syracuse, NY 13204-2400 J New Paltz, N" 12561 1696
(716)851-7220 Avon, NY 14414.9519 (315)426-7419 (914) 2555453
(716)226-2466
REGION 2
(Bronx,Kings, New York, 1 REGION 1
Queens, Richmond) n (Nassau, Suffolk)
Gilbert Burns L Anthony Cavd
1 Hunters Point Plaza SUNY Campus
• 47.40 21st Street Luop Road, Building 40
Long Island City,NY 11101 5407 Stony Brook NY 11790 2356
1718)482.4949 (516)444 0375
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9 effective September 1. 1990)
PHASED CLOSURE EXAMPLES
Allowable Not Allowable
A lined waste mass which Is not A lined cell which is
contiguous to another cell.
contiguous to any other waste mass Conti 9
An unlined waste mass which Is not Part of a waste mass,
contiguous to any other waste mass.
(9/90)
• 0 ML
APPENDIX A
STANDARD CLAUSES FOR ALL NEW
YORK STATE CONTRACTS
The parties to the attached contract, license, lease, amendment or
other agreement of any kind (hereinafter, "the contract" or "this
ocntract") agree to be bound by the following clauses which are hereby
made a part of the contract (the word "Contractor" herein references to
any party other than the State, whether a contractor, licensor,
licensee, lessor, lessee or any other party) :
1. EXECUTORY CLAUSE. In accordance with Section 41 of the State
Finance Law, the State shall have no liability under this contract to the
Contractor or to anyone else beyond funds appropriate and available for
this contract.
2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the
State Finance Law, this contract may not be assigned by the Contractor or
its right, title or interest therein assigned, transferred, conveyed,
sublet or otherwise disposed of without the previous consent, in
writing, of the State and any attempts to assign the contract without
the State's written consent are null and void. The Contractor may,
however, assign its right to receive payment without the State's prior
written consent unless this contract concerns Certificates of
Participation pursuant to Article 5-A of the State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the
State Finance Law (or, if this contract is with the State University or
City University of New York, Section 355 of Section 6218 of the
Education Law) , if this contract exceeds $5,000 ($20,000 for certain
S.U.N.Y. and C.U.N.Y. contracts) , or if this is an amendment for any
amount to a contract which, as so amended, exceeds said statutory
amount, or if, by this contract, the State agrees to give something
other than money, it shall not be valid, effective or binding upon the
State until it has been approved by the State Comptroller and filed in
his office.
4. WORKERS ' COMPENSATION BENEFITS. In accordance with Section
142 of the State Finance Law, this contract shall be void and of no
force and effect unless the Contractor shall provide and maintain
coverage during the life of this contract for the benefit of such
employees as are required to be covered by the provisions of the
Workers' Compensation Law.
5. NON-DISCRIMINATION REQUIREMENTS. In accordance with Article
15 of the Executive Law (also known as the Human Rights Law) and all
other State and Federal statutory and constitutional non-discrimination
provisions, the Contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, sex, national
origin, age disability or marital status. Furthermore, in accordance
with Section 220-e of the Labor Law, if this is a contract for the
construction, alteration or repair of any public building or public work
or for the manufacture, sale or distribution of materials, equipment or
supplies, an to the extent that this contract shall be performed within
the State of New York, Contractor agrees that neither it nor its
August 1989
• L
2 .
subcontractors shall, by reason of race, creed, color, disability, sex
or national origin: (a) discriminate in hiring against or intimidate
any employee hired for the performance of work under this contract. If
this is a building service contract as defined in Section 230 of the
Labor Law, then, in accordance with Section 239 thereof, Contractor
agrees that neither it nor its subcontractors shall, by reason of race,
creed, color, national origin, age, sex or disability: (a) discriminatf
in hiring against any New York State citizen who is qualified and
available to perform the work; or (b) discriminate against or intimidat(
any employee hired for the performance of work under this contract.
Contractor is subject to fines of $50.00 per person per day for any
violation of Section 220-e or Section 239 as well as possible
termination of this contract and forfeiture of all moneys due hereunder
for a second or subsequent violation.
S. WAGE AND HOURS PROVISIONS. If this is a public work contrac-
covered by Article 8 of the Labor Law or a building service contract
covered by Article 9 thereof, subcontractors may be required or
permitted to work more than the number of hours or days stated in said
statutes, except as otherwise provided in the Labor Law and as set fortl
in prevailing wage and supplement schedules issued by the State Labor
Department. Furthermore, Contractor and its subcontractors must pay at
least the prevailing wage rate and pay or provide the prevailing
supplements, including the premium rates for overtime pay, as determiner
by the State Labor Department in accordance with the Labor Law.
7. NON-COLLUSIVE BIDDING RE UIREMENT. In accordance with Sectioi
139-d of the State Finance Law, if this contract was awarded based upon
the submission of bids, Contractor warrants, under penalty of perjury,
that its bid was arrived at independently and without collusion aimed a•
restricting competition. Contractor further warrants that, at the time
Contractor submitted its bid, an authorized and responsible person
executed and delivered to the State a non-collusive bidding
certification on Contractor's behalf.
S. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Sectio;
220-f of the Labor Law and Section 139-h of the State Finance Law, if
this contract exceeds $5, 000, the Contractor agrees, as a material
condition of the contract, that neither the Contractor nor any
substantially owned or affiliated person, is participating, or shall
participate in an international boycott in violation of the federal
Export Administration Act of 1979 (50 USC App. Section 2401 et seq. ) * or
regulations thereunder. If such Contractor, or any of the aforesaid
affiliates of Contractor, is convicted or is otherwise found to have
violated said laws or regulations upon the final determination of the
United States Commerce Department or any other appropriate agency of the
United States subsequent to the contract's execution, such contract,
amendment or modification thereto shall be rendered forfeit and void.
The Contractor shall so notify the State Comptroller within five (5)
business days of such conviction, determination or disposition of appear
(2 NYCRR 105.4)
August 1989
3 .
9. GFT-OFF RIGHTS . The State shall have all of its common law,
equitable and statutory rights of set-off. These rights shall include,
but not be limited to, the State's option to withhold for the purposes
of set-off any moneys due to the Contractor under this contract up to
any amounts due and owing tot he State with regard to this contact, any
other contract with any State department oL, ag*;-acy, lrclsding any
contract for a term commencing prior to the term of this contract, plus
any amounts due and owing to the State for any other reason including,
without limitation, tax delinquencies, fee delinquencies or monetary
penalties relative thereto. The State shall exercise its set-off rights
in accordance with normal State practices including, in cases of set-off
pursuant to an audit, the finalization of such audit by the State
agency, its representatives, or the State Comptroller.
10. RECORDS. The Contractor shall establish and maintain complete
and accurate books, records, documents, accounts and other evidence
directly pertinent to performance under this contract (hereinafter,
collectively, "the Records") . The Records must be kept for the balance
of the calendar year in which they were made and for six (6) additional
years thereafter. The State Comptroller, the Attorney General and any
other person or entity authorized to conduct an examination, as well as
the agency or agencies involved in this contract, shall have access to
the Records during normal business hours at an office of the Contractor
within the State of New -York or, if no such office is available, at a
mutually agreeable and reasonable venue within the State, for the term
specified above for the purposes of inspection, auditing and copying.
The State shall take reasonable steps to protect from public disclosure
any of the Records which are exempt from disclosure under Section 87 of
the Public Officers Law (the "Statute") provided that: (i) the
Contractor shall timely inform an appropriate State official, in
writing, that said records should not be disclosed; and (ii) said
records shall be sufficiently identified; and (iii) designation of said
records as exempt under the Statute is reasonable. Nothing contained
herein shall diminish, or in any way adversely affect, the State' s right
to discovery in any pending or future litigation.
11. TDENTIF INN INFORMATION AND PRIVACY NOTIFICAT_IOON_:
(a) FEDERAL EMPLOYER IDENTIFICATION NUMBER
and/or-FEDERAL SOCIAL SECURITY NUMBER.
All invoices or New York State standard vouchers submitted for pay-
ment for the sale of goods or services or the lease of real or personal
property to a New York State agency must include the payee' s
identification number, i.e. , the seller's or lessor' s identification
number. The number is either the payee's Federal employee
identification number or Federal social security number, or both such
numbers when the payee has both such numbers. Failure to include this
number or numbers may delay payment. Where the payee does not have such
number or numbers, the payee, on his invoice or New York Statees standard
voucher, must give the reason or reasons whythe pay
ee ve
such number or numbers.
August 1989
4 .
(b) PRIVACY NOTIFICATION.
(1) The authority to request the above personal informa-
tion from a seller of goods or services or a lessor of reams or personal
prcptzty, and the authority to maintain such information, is found in
Section 5 of the State Tax Law. Disclosure of this information by the
sellar or lessor to the State is mandatory. The principal purpose for
which the information is collected is to enable the State to identify
individuals, businesses and other who have been delinquent in filing tax
returns or may have understated their tax liabilities and to generally
identify persons affected by the taxes administered by the Commissioner
of Taxation and Finance. The information will be used for tax
administration purposes and for any other purpose authorized by law.
(2) The personal information is requested by the pur-
chasing unit of the agency contracting to purchase the goods or services
or lease the real or personal property covered by this contract or
lease. The information is maintained in New York State's Central
Accounting System by the Director of State Accounts, Office of the State
Comptroller, AESOB, Albany, New York 12236.
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In
accordance with Section - 312 of the Executive Law, if this contract is
(i) a written agreement or purchase order instrument, providing for a
total expenditure in excess of $25, 000.00, whereby a contracting agency
is committed to expend or does expend funds in return for labor,
services, supplies, equipment, materials or any combination of the
foregoing, to be performed for, or rendered or furnished to the
contracting agency; or (ii) a written agreement in excess of $100, 000. 00
whereby a contracting agency is committed to expend or does expend funds
for the acquisition, construction, demolition, replacement, major repair
or renovation of real property and improvements thereon; or (iii) a
written agreement in excess of $100, 000.00 whereby the owner of a State
assisted housing project is committed to expend or does expend funds for
the acquisition, construction, demolition, replacement, major repair or
renovation of real property and improvements thereon for such project,
then:
(a) The contractor will not discriminate
against employees or applicants for
employment because of race, creed, color,
national origin, sex, age, disability or
marital status, and will undertake or
continue existing programs of affirmative
action to ensure that minority group members
and ::omen are afforded equal employment
opportunities without discrimination.
Affirmative action shall mean recruitment,
employment, job assignment promotion,
upgradings, demotion, transfer, layoff, or
termination and rates of pay or other forms
of compensation;
August 1989
(b) at the request of the contracting agency,
the Contractor shall request each employment
agency, labor union, or authorized
representative of workers with which it has a
collective bargaining or other agreement or
understanding, to furnish a written statement
that such employment agency, labor union or
representative will not discriminate on the
basis of race, creed, color, national origin,
sex, age, disability or marital status and
that such union or representative will
affirmatively cooperate in the implementa-
tion of the contractor's obligations
herein; and
(c) the Contractor shall state, in all
solicitations or advertisements for
employees, that, in the performance of the
State contract, all qualified applicants
will be afforded equal employment
opportunities without discrimination
because of race, creed, color, national
origin, sex, age, disability or marital
status.
Contractor will include the provisions of "a", "b" and "c" , above,
in every subcontract over $25,000.00 for the construction, demolition,
replacement, major repair, renovation, planning or design of real
property and improvements thereon (the "Work") except where the Work is
for the beneficial use of the Contractor, Section 312 does not apply
to: (i) work, goods or services unrelated to this contract; or (ii)
employment outside New York State; or (iii) banking services, insurance
policies or the sale of securities. The State shall consider compliance
by a contractor or subcontractor with the requirements of any federal
law concerning equal employment opportunity which effectuates the
purpose of his section. The contracting agency shall determine whether
the imposition of the requirements of the provisions hereof duplicate or
conflict with any such federal law and if such duplication or conflict
exists, the contracting agency shall waive the applicability of Secticn
312 to the extent of such duplication or conflict. Contractor will
comply with all duly promulgated and lawful rules and regulations of the
Governor's Office of Minority and Women's Business Development
pertaining hereto.
13. CONFLICTING TERMS. IN the event of a conflict between the
terms of the contract (including any and all attachments thereto -and
amendments thereof) and the terms of this Appendix A, the terms of this
Appendix A shall control.
14. GOVERNING LAW. This contract shall be governed by the laws of
the State of New York except where the Federals supremacy clause
requires otherwise.
August 1989
. • r
6.
15. LATE PAYMENT. Timeliness of payment and any interest to be
paid to Contractor for late payment shall be governed by Article XI-A of
the State Finance Law to the extent required by law.
16. NO ARBITRATION. Disputes involving this contract, including
the breach or alleged breach thereof, may not be submitted to binding
arbitration (except where statutory authorized) but must, instead, be
heard in a court of competent jurisdiction of the State of New York.
17. SERVICE OF PROCESS. In addition to the methods of service
allowed by the State Civil Practice Law & Rules ("CPLR") , Contractor
hereby consents to service of process upon it by registered or certified
mail, return receipt requested. Service hereunder shall be complete
Contractor's actual receipt of process or upon the State's receipt of
the return thereof by the United States Postal Service as refused or
undeliverable. Contractor must promptly notify the State, in writing,
of each and every change of address to which service of process can be
made. Service by the State tot he last known address shall be
sufficient. Contractor will have thirty (30) calendar days after
service hereunder is complete in which to respond.
August 1989
• • .
APPENDIX B
Standard Clauses for All New York State Department
of Environmental Conservation Contracts
The parties to the attached contract, license, lease,
amendment or other agreement of any kind (hereinafter "the
contract" or "this contract") agree to be bound by the
following clauses which are hereby made a part of the
contract. The word "Contractor" herein refers to any party
to the contract, other than the New York State Department of
Environmental Conservation (hereinafter "Department") .
I. The Department shall have the right to postpone,
suspend, abandon or terminate this contract, and such
actions shall in no event be deemed a breach of contract.
In the event of any termination, postponement, delay,
suspension or abandonment, the Contractor shall deliver to
the Department all data, reports, plans, or other
documentation related to the performance of this contract,
including but not limited to guarantees, warranties,
as-built plans and shop drawings. In any of these events,
the Department shall make settlement with the Contractor
upon an equitable basis as determined by the Department
which shall fix the value of the work which was performed by
the Contractor prior to the postponement, suspension,
abandonment or termination of this contract. This clause
shall not apply to this contract if the contract contains
other provisions applicable to postponement, suspension or
termination of the contract.
II. The Contractor agrees that it will indemnify and save
harmless the Department and the State of New York from and
against all losses from claims, demands, payments, suits,
actions, recoveries and judgments of every nature and
description brought or recovered against it by reason of any
omission or act of the Contractor, its agents, employees, or
subcontractors in the performance of this contract.
III. (a) The Contractor warrants that to the best of the
Contractor' s knowledge and belief, there are no relevant
facts or circumstances which could give rise to an
organizational conflict of interest, as herein defined, or
that the Contractor has disclosed all such relevant
information to the Department.
(b) An organizational conflict of interest exists when
the nature of the work to be performed under this contract
may, without some restriction on future activities, either
result in an unfair competitive advantage to the Contractor
or impair the Contractor's objectivity in performing the
work for the Department.
01/19/90 Page 1 of 4
(c) The Contractor agrees that if an actual or
potential or--anizational conflict of interest is discovered
after award, the Contractor will make a full disclosure in
writing to the Departaent. This disclosure shall incl ^.e a
description of actions which the Contractor has taken
proposes to take, after consultation with the Departrs<.t, to
avoid, mitigate, or minimize the actual or potential
conflict.
,(d) Remedies - The Department may terminate th=s
contract in whole or in part, if it deems such termination
necessary to avoid an organizational conflict of interest.
If the Contractor was aware of a potential organizational
conflict of interest prior to award, or discovered an actual
or potential conflict after award and did not disclose or
misrepresented relevant information to the Department, the
Department may terminate the contract, or pursue such other
remedies as may be permitted by the terms of Clause I of
this Appendix or other applicable provisions of this
contract regarding termination.
(e) The Contractor further agrees to insert in any
subcontract hereunder, provisions which shall conform to the
language of this clause.
IV. All requests- for payment by the Contractor must be
submitted on forms supplied and approved by the Department.
Each payment request must contain such items of information
and supporting documentation as are required by the
Department, and shall be all-inclusive for the period of
time covered by the payment request.
V. To the extent that federal funds are provided to the
Contractor or used in paying the contractor under this
contract, the Contractor agrees that it will comply with all
applicable federal laws and regulations, including but not
limited to those laws and regulations under which the
Federal funds were authorized.
The Contractor further agrees to insert in any
subcontract hereunder, provisions which shall conform
substantially to the language of this clause, including this
paragraph.
VI. The Contractor shall have the status of an independent
contractor. Accordingly, the contractor agrees that it will
conduct itself in a manner consistent with such status, and
that it will neither hold itself out as, nor claim to be, an
officer or employee of the Department by reason of this
contract. It further agrees that it will not make against
the Department any claim, demand or application to or for
any right or privilege applicable to an officer or employee
of the Department, including but not limited to worker's
compensation coverage, unemployment insurance benefits,
social security coverage, or retirement membership or
credit.
01/19/90 Page 2 of 4
• 0 sk
VII. The terms contained in this clause shall have the
definitions given in, and shall be construed according to
Article 15-A of the Executive Law, 9 NYCRR Part 540, et
seq. , Article 52 of the Environmental Conservation Law and
• 6 NYCRR Part 615, et seq. , as applicable, and any goals
established by this clause are subject to the requirements
of such laws and regulations.
(a) If the maximum contract price herein equals or
exceeds $25,000, and this contract is for labor, services,
supplies, equipment, or materials; or
If the maximum contract price herein equals or
exceeds $100,000 and this contract is for the acquisition,
construction, demolition, replacement, major repair or
renovation of real property and improvements thereon;
the affirmative action provisions and equal employment
opportunity provisions contained in this paragraph and
paragraphs b-f of this clause shall be applicable within the
limitations established by Executive Law §§312 and 313.
(1) The Contractor agrees to make good faith efforts
to subcontract at least percent of the dollar
value of this contract to Minority Owned Business
Enterprises (MBEs) and at least percent of
such value to Women Owned Business Enterprises (WBEs) .
(2) The Contractor agrees to make good faith efforts
to employ or contractually require any subcontractor
with whom it contracts to make good faith efforts to
employ minority group members for at least
percent of, and women for at least percent
. of, the workforce hours required to perform the work
under this contract.
(b) The Contractor agrees to be bound by the
provisions of Executive Law Section 316.
The Contractor shall make good faith efforts to
solicit meaningful participation by enterprises identified
in the Directory of Certified Businesses provided by the
Governor's Office of Minority and Women's Business
Development.
(c) The Contractor agrees to include the requirements
set forth in paragraph (b) above and paragraphs (a) , (b) ,
and (c) of clause 12 of Appendix A in every subcontract in
such a manner that the provisions will be binding upon each
subcontractor as to work in connection with such contract.
For the purpose of this paragraph, a "subcontract" shall
mean an agreement providing for a total expenditure in
excess of $25 , 000 for the construction , demolition,
replacement, major repair, renovation, planning or design of
real property and improvements thereon in which a portion of
the Contractor' s obligation under a State contract is
undertaken or assumed.
(d) The Contractor shall make good faith efforts to
utilize the MBE/WBEs identified in the utilization plan to
the extent indicated in such plan, and otherwise to
01/19/90 Page 3 of 4
• !`
implement it according to its terms. The Contractor shall
report on such implementation periodically as required by
the contract, or annually, whichever is more frequent. The
Contractor also agrees to incorporate into any contract with
subcontractors, contractual provisions applicable to
recordkeeping, reporting, notice requirements and actions
determined to be necessary by the Department to implement
the requirements of the utilization plan, and of Executive
Law Article 15-A, regulations promulgated thereunder, and
other applicable law and regulations.
(e) Failure to make good faith efforts to comply with
an approved utilization plan or to comply with Article 15-A
of the Executive Law, or Article 52 of the Environmental
Conservation Law, as applicable, or regulations promulgated
under such statutes, shall be grounds for imposition' of
sanctions. Such sanctions shall include those available
under 6 NYCRR Part 615, if applicable, and under other
applicable laws and regulations, including but not limited
to the reduction of the contract price, postponement,
suspension, and/or termination of the contract.
(f) The Contractor hereby agrees to comply with all
applicable provisions of Executive Law Article 15-A and the
regulations promulgated thereunder. Executive Law sections
312, 313 and 316 are hereby incorporated by reference. The
Contractor agrees that the prevailing party in any disputes
resolved pursuant to §316 of Executive Law shall not be
liable for any costs of the proceeding.
(g) No request for payment on a contract to which this
clause applies, shall be deemed complete until the
Contractor submits adequate records enhancing its good faith
efforts to comply with an approved utilization plan. This
requirement is in addition to any and/or all additional
documentation required to be submitted with a payment
request.
VIII. In the event of a conflict between the terms of this
Appendix B and the terms of the Contract (including any and
all attachments thereto and amendments thereof, but not
including Appendix A) , the terms of this Appendix B shall
control. In the event of a conflict between the terms of
this Appendix B and Appendix A, the terms of Appendix A
shall control.
01/19/90 Page 4 of 4
0 0 AbL
New York State Department of Environmental Conservation Am
50 Wolf Road, Albany, New York 12233
Thomas C. Jorling
Commissioner
TO: Potential Recipients of State Assistance
FROM: John W. Printup
SUBJECT: AFFIRMATIVE ACTION REQUIREMENTS
DATE: August 30, 1990
Recipients of State Assistance Contracts administered by the New
York State Department of Environmental Conservation must implement a
comprehensive Affirmative Action Program which assures the meaningful
participation of NYS Certified Minority Business Enterprises (MBE) and
Women Business Enterprises (WBE) on all contracts associated with the
State assistance program, as well as to assure the meaningful
participation of minorities and women in the labor force associated
with the State assistance program. All portions of a project
receiving State aid will be subject to M/WBE and EEO Program goals.
Specific program requirements are outlined in NYS Executive Law,
Article 15-A, the attending Rules and Regulations and program guidance
documents available from the Department's Bureau of Minority and
Women's Business Compliance.
The basic concept of this Affirmative Action Program will be
similar to that of other New York State Assistance Programs. However,
significant changes are anticipated which will change the role of the
local government in the overall administration of the program.
Recipients of program funds will be directly responsible for the
institution and monitoring of a comprehensive Affirmative Action
Program with assistance from the Department.
The Department' s Bureau of Minority and Women' s Business
Compliance will provide specific developmental guidance, conduct
ongoing review and monitoring of local adherence to the approved
program and will provide technical assistance to local governments,
prime contractors and M/WBE subcontractors.
The applicant is required to meet the following program
standards:
WORKPLAN
Before a State Assistance ContrAct is awarded, an applicant must
submit and receive approval by the Department of an Affirmative Action
Program Workplan. The applicant' s Affirmative Action Program Workplan
is comprised of three (3) program components. They are as follows:
-2-
Affirmative Action Policy Statement which commits t'- 2
local government or authority to the implementation )f
the required Affirmative Action Program .
° Applicant Minority/Women Business Enterprise-Equa_
Employment opportunity Workplan which provides a t--ief
description of the project and which delineates tre
types of work and estimated values of work items which
comprise the project to be developed.
° Designation of an Affirmative Action Representative
to coordinate the implementation of the required
Affirmative Action Program.
GOALS
Four (4) separate and distinct program goals will be established
by the Department pursuant to NYS Executive Law, Article 15-A. Two
(2) separate goals will be established to assure the meaningful
participation of both Minority and Women Business Enterprises in all
contracts associated with the project and two (2) separate goals will
be established to assure the meaningful participation of minorities
and females in the workforce of contractors/consultants participating
in the development of the project.
GOAL SETTING CRITERIA
Pursuant to NYS Executive Law, Article 15-A, appropriate program
goals will be established on a project specific basis. When
establishing Affirmative Action Program goals, all relevant factors
will be considered, but are not limited to the following:
the dollar value of the contract(sr)
• the contract(s) size and duration
the geographic location of the project
° the type of work to be performed
past experience with similar goal attainment
programs in the area
the availability of NYS Certified M/WBEs
• the availability of minorities and females in
the workforce
M/WBE GOALS
Recipients of State Assistance Contracts will be responsible for
meeting the established M/WBE Program goal objectives. Program
objectives may be achieved through the utilization of various
strategies which suit the
• ``-
-3-
specific municipal situation or project. These objectives are
required to assure the meaningful participation of M/WBE' s on those
projects funded by program funds.
EEO GOALS
Recipients of State Assistance Contracts will be responsible for
meeting the established Equal Employment Opportunity (EEO) goal
objectives. EEO Program objectives are required to be met by each
contractor/ consultant participating on a contract funded with program
funds. These objectives are required to assure the meaningful
participation of specific protected class groups in the workforce of a
project funded by program funds.
TECHNICAL ASSISTANCE AND REPORTING REQUIREMENTS
The Bureau of Minority and Women's Business Compliance will
provide recipients of State Assistance Contracts appropriate guidance
regarding the development of an approvable Affirmative Action Program.
Specific program requirements will be clearly delineated and the
Bureau will consider local concerns and work towards the inclusion of
local modifications into the final approved program. Bureau staff
will be available for consultation and will provide direct technical
assistance to: local representatives regarding the development of the
required program; prime contractors and consultants endeavoring to
achieve the prescribed program objectives and to interested M/WBE's
seeking to avail themselves of the opportunities created as a result
of projects funded through State Assistance Program resources.
Recipients of State Assistance Contracts will be required to
prepare progress reports regarding the achievements of the approved
Affirmative Action Program and will be subject to program audits on an
as needed basis.
It should be noted that all work assisted or to be assisted with
State funds is required to be in compliance with the Affirmative
Action Program requirements in order to be eligible for financial
assistance. All potential applicants for program funds are urged to
contractually obligate all contractors and consultants to meet
Affirmative Action Program requirements through the implementation of
a comprehensive Affirmative Action Program. Specific language
regarding Affirmative Action Program requirements will not be
provided. However, the Bureau will review all documents that an
applicant chooses to submit.
It is the intent of the Department to develop and implement a
comprehensive Affirmative Action Program which is sensitive to local
concerns and conditions, a program which avoids some of the problems
experienced in the past and a program which is designed to achieve the
intent of NYS Executive Law, Article 15-A in the most efficient and
cost effective manner.
-4-
If you have any questions on any of the above or would like }o
arrange a meeting to discuss your specific situation, please call ray
office at (518) 457-7187 .
1
Joh W. Printup
rm
Director of Aff ative
Action Programs
JWP/ma
• i `
New York Stata De,- artment of Environmental Conservation
50 Wolf Road. Albany, New York 12233
Thomas C. Jorling
COmmisslOMr
TO: Potential Loan Applicants for State Water Pollution Co
Revolving Fund Loans Cont-c,
FROM: John W. Printu
Programs p' Director of Minority & Women' s Business
SUBJECT: AFFIRMATIVE ACTION PROGRAM
AND SWPC'RF APPLICATION
DATE: June 14, 1991
Applicants for loans from the State Water Pollution Control
Revolving Fund (SWPCRF
eandgtosted to submit an prowlement a comprehensive
Affirmative Action Programprovable Affirmative
Action Workplan.
This Affirmative Action Workplan must include the following three
(3) elements: a policy statement; the designation of an Affirmative
Action Representative; and a project description. The Affirmative
Action Workplan, o
together with all other su ,
should be submitted along with other required documentsuatnthe ltime
Of, or prior to formal application to the program.
A brief description of the three (3) elements follows:
Policy Statement
A statement which commits the loan recipient to carry out
the intent of New York State Executive Law,
Arte
activities financed by the SWPCRF Program loan. Thl
15-A on
statement should acknowledge the obligations of the loan
recipient to develop a comprehensive M/WBE-EEO program which
assures the meaningful participation of
business enter Minority and women ' s
prises in contracting, and the meaningful
participation Of 7inorities and women in the workforce (s)
associated with ~ -:e project (s) to be financed.
This brief polis.,- statement should be developed by the
Program applicar.7: .
A frmative Action pow osentative
The local government official responsible for administering
the approved comprehensive Affirmative Action Program must
be identified.
This information is requested on page one (1) , line five
(5) , of the Affirmative Action Workplan (BAA/SRF 01-9/89) .
-ect Descry
program �. c3nt :s` rent_`f � re of
; t:- e .. _ : t e •Ncr
��c k
The
involved in zne pro.ect to to fin2r.ced. A brief iescript: .,.
of the component parts of the protect to to f_nanced will
satisfy this element of the Affirmative Action Workplan.
This information is requested on page one ( 1) , line six ( o)
of the Affir'ative Action Workplan (BAA/SRF 01-9/89) .
Additional information regarding the nature of the project
should be indicated on supplemental document BAA/SRF
02-10/89 .
Attached to this memorandum are workplan forms and completed
sample forms. These documents have been prepared for your convenience
and to facilitate ccmpleticn.
If you have any questions on the above or would like to arran;e a
meeting to discuss your specific concerns, please call my office at
(518) 457-7187 .
hn W. Printup
Director of Mino y S.
Women ' s Business Programs
Attachment
• i `
sA14PLE -
AFF--R_M,ATI'.'E ACT 1014 wORKPLyN T,
NEW 'c-RK STATE DEPARTMENT OF
Project aumzer
cipality (DEC Use)
(Applicant)
---- - ------ I C i t r I i p Code
Address (your Town) (Five or Nine)
(Number 6 street) j
Authorized Signature
Authorized Representative (Official)
(Ranking Official)
Address City Zip Code Phone No.
(Your Town) 5 or 9) (Official)
(Number i Street)
Phone N0.
Affirmative Action Representative (Official)
(Official)
Project Description ( list separate contracts & estimates)
Description Estimate
Contract No.
1
General Construction $1.273. 000
A/E Refinance of General construction
$1.273. 000 i
or
See Attachment
PROJECTED EEO AND MBE/WBE CONTRACT SUMMARY
% No. /Empl .
Amount
1 . Total Project 100 $2 , 171, 000 5 . Total Employees 100 1, 000
i
Dollar Value
325 , 000 6 . Total Minority 10 100
2 . MBE Applied 15 $ Employees Goal
Project Goal
3 . WBE Applied 5 $ 108 , 550 7 . Total Female 10
100
Project Goal Employees Goal
I
4 . MBE/WBE Com- 20 $ 434 , 200 8 . EEO
Combined 20 200
bined Totals
BUREAU OF MINORITY & WOMEN'S BUSINESS PROGRAMS USE ONLY
d I Date Disapproved Initials )
Proposed Goals Date Approve
MBE(%) EEO-Minorities()
WBE(%) EEO-Women($)
BAA/SRF 01-9/89
b
:;u^teri.ypes
i
i I
I
i
I f
I j
� I i
I
i
I
I
I
I
t
I
I
I
If
it
Ii
BAA/SRF 02-10/89
S AMP LE -
u:,iber/Types _
Contracts
�:e:�eral Construct. P3vi' g
;lo . _ Denoiition
(Contract c „
Painting Z00 ,
i
260 , 030
Masonry
Miscellaneous Metals 50 , 000
Glazing 3 , 000
Excavation and Qackfill 210, 000
Fencing 12 , 000
Concrete Finishing 20, 000
Reinforcing Steel 240, 000
Roofing 68 , 000
Waterproofing 30 . 000
� $1,273 , 000
Electrical Underground Cuct Banks $ 1101000
ui nent Supply260, 000
E
(Contract No. 2) Q F •
Lightening Protection 20 , 000
$ 390,000
H.V.A.C. Electrical Wiring $ 10, 000
(Contract No. 3) Ductwork 45, 000
Controls 25, 000
Equipment Supply 60, 000
$ 140,000
Plumbina Underground Piping $ 20, 000
(Contract No. 4) Equipment Supply 25 , 000
$ 45,000
Sewer Rehab.
Cleaning & TV Inspection $ 35 , 000
5,, 000 j
(Contract No. 5) Joint Testing & Sealing 44 , 000
Chemical Root Treatment
Manhole Rehabilatation 8 , 000 j
Excavation & Backfill 6 , 000
Pavement Replacenent 12 , 000
Material Supply 5 , 000
$ 115,000
58 , 000
Sewer Rehab. j Cleaning & TV Inspection $ 126 , 000
(Contract No. 6) Joint Testing & Sealing 3 , 000
Chemical Root Treatment 15 , 000
Manhole Rehabiliation 3 , 000
Excavation & Backfill 2 , 800
Pavement Replacement 1 , 000
Material Supply $ 208,800
Total: $2 , 171, 000
BAA/SRF 02-10/89
NOTE: This $100 million will be used to reimburse only costs
incurred on or after January 8, 1986. This assistance can be used
by municipalities to aid in financing the closure of eligible
landfills pursuant to Environmental Conservation Law (ECL) 54-0501.
In addition, the Twenty-First Century Environmental Quality Bond Act
(1990 EQBA) will provide another $175 million for landfill closure
State assistance payments if the 1990 EQBA referendum is passed by
the voters of the State on November 6, 1990. This $175 million from
the 1990 EQBA would be used to reimburse only costs incurred on or
after April 23, 1990.
III . Program Purposes and Scope
Under the State Assistance Municipal Landfill Closure Program, the
State will enter into contracts with municipalities until all funds
available for this purpose are committed. Under this program, the
State may provide assistance for each landfill up to one-half the
eligible costs of the project or two million dollars, whichever is
less. Other than preparation of the closure investigation report,
and certain reclassification investigations, no part of the
preparation of an application is eligible for State assistance under
this program.
IV. Definitions
(a) As used in this Application Kit, the following terms shall have
the same meanings ascribed to them as in Section 54-0501 of the
ECL.
1) "Cost"
2) "Federal Assistance"
3) "Governing Body"
4) "Municipality"
5) "Municipal Landfill Closure Project"
6) "Solid Waste"
7) "State Assistance Payment"
(b) The following terms have the following meanings when used in
this Application Kit.
1) "Reclamation" means any Department-approved activity
involving the extraction and separation of solid waste into
components for the purpose of reducing or contouring the
(9/90) Page 3 of 10
landfill waste mass. Reclamation does not include the
deposition of additional solid waste.
2) "Landfill closure site" means a site as defined by Section
360-1.2(b)(141) of 6 NYCRR Part 360, or a landfill as
recognized by the Department. See the definition sheet
included in the Application Kit.
3) "Registry" means the most recent publication of the
New York State Department of Environmental Conservation's
"Inactive Hazardous Waste Disposal Sites in New York State,
Annual Report" and any subsequent updates.
4) "Reclassification Investigation" means an investigation of
sufficient scope to enable the Department to change the
Registry classification of a Classification 2a landfill
site.
V. Eligibility
A municipality may apply for State assistance under this program for
a landfill closure site which it owns or operates and for which it
has full responsibility for all closure and post-closure activities.
In addition, the site must not be listed as Classification 1 or
Classification 2 on the Registry.
Special Conditions for Classification 2a sites
The owner or operator of a site listed as Classification 2a on
the Registry must have submitted a complete reclassification
investigation report to this Department. State assistance may
not be provided until a 2a site is reclassified as
Classification 3, Classification 4 or Classification 5 or is
delisted. If a 2a site is not reclassified as Classification
3, Classification 4 or Classification 5 or delisted within six
months after submission of an application for State assistance
under this program, then the application status will be
reviewed by this Department. If the site is still a
Classification 2a due entirely to the department's delay in
reclassification, then the application will be granted an
extension of up to six months for reclassification to take
place. Otherwise, the application will be rejected.
Furthermore, the landfill closure project must comply with the
Part 360 regulations for new facilities (6 NYCRR Part 360) in effect
six months prior to receipt of the application by the Director,
Division of Solid Waste, NYSDEC, Albany, New York 12233-4010. In
other words, Paragraph 360-1.7(a)(2) , Transition, of the Part 360
regulations cannot be used to lessen the closure requirements.
(9/90) Page 4 of 10
• • •
•
An example of this situation would be a municipality which had
signed a consent order in April 1988 requiring closure of the
municipality's landfill by October 1, 1992. If the municipality
complied with all requirements of the consent order, then paragraph
360-1.7(a)(2) , Transition, would require that the closure project
meet the closure requirements of the Part 360 regulations which were
in effect on the day the consent order was signed.
However, to be eligible for State assistance under this program, the
closure project would have to meet the closure requirements of the
Part 360 regulations which were in effect six months prior to
receipt of the application by the Director, Division of Solid Waste,
NYSDEC, Albany, New York 12233-4010. A variance granted in
accordance with Subdivision 360-1.7(c) , Variances, will not make the
landfill closure project ineligible for State assistance under this
program.
The municipality must be obligated to close the landfill by a
specific date. This obligation must be either an administrative
order, a court order or a permit condition. The obligation to close
must include a requirement that the landfill closure site stop
receiving waste within 18 months after the end date of the group in
which the application is placed. See Section VII, Evaluation of
Applications, for an explanation of how the grouping is determined.
The municipality must be in substantial compliance with the
obligation to close.
A closure investigation report must have been completed for the
site. This report must comply with the regulations for new
facilities as set forth in the Part 360 regulations (6 NYCRR Part
360) which are in effect six months prior to submission of the
application. Paragraph 360-1.7(a)(2) , Transition, cannot be used to
lessen the requirements of the closure investigation report.
Before receiving any State assistance under this program, the
applicant must waive any right to assistance under Section 27-1313
of the ECL (inactive hazardous waste site remediation grants) .
The NYSDEC may allow a phased closure of a landfill site. In this
case, only the phase for which the municipality is applying for
State assistance need have an obligation to close. The obligation
to close need require only that that phase, not necessarily the rest
of the landfill site, stop receiving waste within 18 months
following the end date of the group in which the application for
State assistance is placed. In other respects, the application
procedure is the same as that for an entire landfill .
If a municipality is applying for State assistance to close a phase,
that phase must not be contiguous to any other landfill waste mass
(see the PHASED CLOSURE EXAMPLES sheet enclosed in the application
kit) . A landfill closure site, even if made up of multiple phases,
is not eligible for more than a total of $2 million in State
(9/90) Page 5 of 10
•
assistance under this program. If State assistance is approved for
a phase, all subsequent phases of the landfill closure site must be
closed in accordance with the regulations for new facilities set
forth in the 6 NYCRR Part 360 in effect six months before the
phase becomes inactive. Paragraph 360-1.7(a)(2) , Transition, cannot
be used to lessen these closure requirements.
VI. Application Preparation and Contents
A blank application form is included in this Application Kit. Fill
it out in its entirety, typing or neatly printing in black ink. The
following documents must be included with the completed application
form:
1. A copy of the closure investigation report which has been
prepared for the landfill closure site. This report must
comply with the Part 360 regulations (6 NYCRR Part 360) for
new facilities which are in effect six months prior to
submission of this application. Paragraph 360-1.7(a)(2) ,
Transition, of the regulations cannot be used to lessen the
requirements for this report.
If the closure investigation report is found to be not
acceptable, the State assistance application will be
rejected. In that case, a new closure investigation report
must be submitted and then a new State assistance
application must be submitted. It is recommended that the
applicant meet with Department staffrp for to the start of
the closure investigation to discuss exactly what will be
needed in the investigation report.
2. If applicable, a copy of correspondence from the Department
verifying that the closure investigation report has been
approved.
3. A copy of the administrative order, court order or permit
containing the obligation to close the landfill closure
site by a specific date.
4. A MUNICIPAL LANDFILL CLOSURE PROJECT WORK PLAN which lists
the tasks included in the closure project, a timetable for
the completion of each task and the cost of each task. A
work plan form is included in this Application Kit. On
this form, enter the begin and end date for each task and
indicate whether dates are prospective or actual by
circling either P or A. Also enter the cost of each task
and indicate whether that figure is estimated or actual .
If a listed task is not included in your closure project,
indicate on the form that the task is not applicable. If
any additional tasks must be added, include them (along
with the begin date, end date and cost information) at the
end of the form or on an attached sheet of paper. Any
(9/90) Page 6 of 10
tasks for which you are seeking State assistance must be
included in this project work plan.
5. A copy of the resolution, certified by the recording
officer, giving the governing body's authorization for
submission of the application. This must include the name
and title of the individual who is authorized to represent
the municipality in connection with the application and who
will sign the application. A sample resolution is included
in this Application Kit for reference.
6. A statement that the landfill closure site is not currently
Classification 1 or Classification 2 according to the
Registry. If the landfill closure site is not currently
Classification 2a according to the Registry, this fact must
also be included in the statement. This statement must be
signed by the individual authorized to sign the
application.
7. A statement that a complete reclassification investigation
has been submitted to the Department if the landfill
closure site is Classification 2a according to the
Registry. This statement must be signed by the individual
authorized to sign the application.
8. An affirmative action workplan which details the
applicant's commitment to the affirmative action program.
This must include a designation of an affirmative action
representative, a municipal policy statement and a project
description. See the two AFFIRMATIVE ACTION REQUIREMENTS
enclosures included in this Application Kit for a complete
description of what must be included.
9. A statement that the landfill closure project area will not
have a landfill constructed on it. This statement must be
signed by the individual authorized to sign the
application.
10. A statement that post-closure monitoring and maintenance of
the landfill closure site will be implemented in accordance
with Subdivision 360-2.15(i ) , Post-closure operation and
maintenance, of the Part 360 regulations. This statement
must be signed by the individual authorized to sign the
application.
MUNICIPAL LANDFILL CLOSURE PROJECT RANKING
SYST formation needed to determine
the score. A blank wor dein this
application kit. The Department may a t applicant
to submit additional information to support t ich
is determined.
(9/90) Page 7 of 10
Submit the complete original application package and one copy of the
complete application package to:
Director
Division of Solid Waste
NYSDEC
50 Wolf Road
Albany, NY 12233-4010
ATTN: Landfill Closure Assistance Program
Submit one copy of the completed application package to the NYSDEC
Regional Solid Waste Engineer at the appropriate regional
headquarters (as shown on the map of DEC regions included in this
Application Kit) .
For clarification of any application requirements, contact the
Bureau of Facility Management at (518) 485-5855.
I . Evaluation of Applications
Applications will be grouped according to the date received by the
'rector, Division of Solid Waste, NYSDEC, Albany, New York
3-4010. The first group will be September 1, 1990 through
Dec er 31, 1990. Later groups will be established quarterly,
begin with the second group, January 1, 1991 through March 31,
1991. a included in a group, an application must be received by
4:30 p.m. , cal prevailing time, on the last business day of that
group. Any a ication for a landfill closure site or phase which
does not have a bligation to close requiring cessation of waste
acceptance by the date of the group in which the application is
placed will be reje
State assistance will b a rded chronologically by group. Thus in
any one group, if there ar fficient funds, State assistance will
be approved for all complete p ications in that group.
If there are not sufficient fund to rovide State assistance for
all complete applications in that g u then the Department will
rank the applications in that group a o ing to Subdivision
360-9.5(d) , Department review point val , f the Part 360
regulations. This ranking system was deve to take into
account: potential impact on surface water a oundwater; actual
contamination from leachate and gas migration; financial need as
determined by population size and the ratio of el 1 e costs to
population.
The Department will then approve complete applications int group
in the order of their scores, beginning with the applicatio 'th
the highest score. If two or more applications in the group h
the same score, they will be approved in the order in which they
were received. Department review of applications will cease when
(9/90) Page 8 of 10
• • • •
available for State assistance under this program are
exhauste .
Any application which is o complete will be returned to
the applicant with an explanation o i complete. The
applicant may then submit a revised applic lete
application will lose its original receipt date. rev s
application is submitted, it will receive a new receipt
VIII . Eligible Costs, Contracts and Payment Schedule
Costs which are eligible and those which are ineligible for funding
under this program are described in 6 NYCRR 360-9.6, Eligible and
ineligible costs. The eligibility of specific costs will be
determined by the Department according to these guidelines.
Once a municipality's application for State assistance is approved,
the municipality must enter into a contract with the Commissioner.
The contract must include all parts required by Section 360-9.8,
State assistance contract, of the Part 360 regulations. Upon
receipt of a contract from the Department, the applicant must sign
and return the contract properly executed within 90 calendar days or
the application will be rejected.
The contract will include provisions addressing when and in what
manner requests for reimbursement must be filed by the municipality.
When one of these payment milestones is reached, the municipality
may file for reimbursement of eligible costs which have been paid by
the municipality and which have not been previously reimbursed by
the State.
For example, the first milestone might be approval of the closure
plan. Once this was accomplished, the municipality would file for
reimbursement of the cost of performing the closure investigation,
preparing the closure investigation report and preparing the closure
plan. The next milestone might be completion of cap construction.
Once this was completed, the municipality would file for
reimbursement of the construction costs.
For each payment milestone, the municipality may apply for
reimbursement of the applicable costs.
The municipality must use the MUNICIPAL LANDFILL CLOSURE PROJECT
REIMBURSEMENT APPLICATION form (a copy is included in this
Application Kit) to file for reimbursement at each payment
milestone. The tasks for which the municipality is filing for
reimbursement must be listed specifically along with their costs,
begin dates and end dates (see EXAMPLE MUNICIPAL LANDFILL CLOSURE
PROJECT REIMBURSEMENT APPLICATION) . Along with this completed form,
the municipality must include documentation (such as project
management, accounting, procurement and property control records)
necessary to verify that the municipality has paid all costs
concerned.
(9/90) Page 9 of 10
Up to 10% of the State assistance will be retained by the State (as
provided in the contract) until the completed project is reviewed
and approved by the Department.
The amount awarded through State assistance is subject to revision
pending a final computation and determination by the Commissioner.
The approved project cost shall be reduced by the amount of any
specific funding for the project received by the municipality from
any source. For example, if the municipality's total project cost
is two million dollars and the municipality receives a grant for one
million dollars from the Federal Government to close the landfill ,
then this program would provide the municipality with a maximum of
five hundred thousand dollars (fifty percent of the one million
dollars paid by the municipality).
(9/90) Page 10 of 10
00 • 0
APPLICATION FOR NEW YORK STATE ASSISTANCE
PURSUANT TO TITLE 5, ARTICLE 54, ENVIRONMENTAL CONSERVATION LAW
(Please type or neatly print in black ink)
NAME OF APPLICANT (Municipality)
POPULATION OF MUNICIPALITY
(based on the most recent "Census of Population New York]" , U.S.
Department of Commerce, Bureau of Census)
COUNTY
SITE NAME
SITE LOCATION
OBLIGATION TO CLOSE
(reference and attach copy of administrative order, court order or permit
containing obligation to close the landfill closure site by a specific
date)
INDIVIDUAL AUTHORIZED TO SIGN THIS APPLICATION
Name
Title
Address
City State
Zip Code
Phone No:
(include area code)
OFFICIAL TO WHOM PAYMENT CHECKS ARE TO BE MAILED
Name
Title
Address
City State
, Zip Code
Phone No:
(include area code)
(9/90) Page 1A of 3A
• • 0 •
THE FOLLOWING ITEMS MUST BE INCLUDED WITH THIS APPLICATION FORM:
(See INSTRUCTIONS TO APPLY FOR STATE ASSISTANCE FOR NON-HAZARDOUS MUNICIPAL
LANDFILL CLOSURE PROJECTS UNDER TITLE 5 OF ARTICLE 54 OF THE ENVIRONMENTAL
CONSERVATION LAW for a detailed explanation of what must be included. )
1. A copy of the closure investigation report.
2. A copy of correspondence from the state indicating the approval
status of the closure investigation report.
3. A copy of the administrative order, court order or permit
containing the obligation to close the landfill closure site by a
specific date.
4. A MUNICIPAL LANDFILL CLOSURE PROJECT WORK PLAN (a work plan form
is provided in this application kit) .
5. A copy of the governing body's authorization for submission of
this application.
6. A statement that the landfill closure site is not currently
Classification 1 or Classification 2 according to the Registry.
If the landfill closure site is not currently Classification 2a
according to the registry, this -fact must also be included in the
statement.
7. A statement that a complete reclassification investigation has
been submitted to the Department if the landfill closure site is
Classification 2a according to the Registry.
8. An affirmative action workplan (see the two AFFIRMATIVE ACTION
REQUIREMENTS enclosures included in this application kit) .
9. A statement that the landfill closure project area will not have a
landfill constructed on it.
10. A statement that post-closure monitoring and maintenance will be
implemented according to regulations.
11. A completed MUNICIPAL LANDFILL CLOSURE PROJECT RANKING SYSTEM
WORKSHEET and any information necessary to determine the score. A
blank worksheet is included in this application kit. The
Department may require the applicant to submit additional
information to support the score which is determined.
(9/90) Page 2A of 3A
• 0 10 •
CERTIFICATION: The undersigned does hereby certify that the
information contained contained in this application and in the
attached certified copies of resolution(s), other statements, and
exhibits is true, correct, and complete to the best of his or her
knowledge and belief, and further that any and all statements, data,
and supporting documents which have heretofore been furnished for the
purpose of receiving New York State Assistance for the landfill
closure funding described herein are attached hereto in full .
Signature of individual authorized to Date
sign application
Name
(typed or neatly printed in black ink)
Title
(typed or neatly printed in black ink)
Submit the original and one copy of the completed application package
to:
Director
Division of Solid Waste
NYSDEC
50 Wolf Road
Albany, NY 12233-4010
ATTN: Landfill Closure Assistance Program
Also, submit one copy of the completed application package to the
NYSDEC Regional Solid Waste Engineer at the appropriate regional
headquarters (as shown on the map of DEC regions included in the
Application Kit) .
(9/90) Page 3A of 3A
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, effective September 1, 1990)
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN
FACILITY NAME
EXTENT OF WASTE DEPOSIT (ACRES)
FACILITY IN
FACILITY LOCATION
COUNTY
FACILITY OWNER
FACILITY OPERATOR
CONTACT PERSON
ADDRESS
PHONE NO:
STAGE BEGIN DATE END DATE COST
Perform Closure
Investigation P/A P/A E/A
Prepare Closure
Investigation Report P/A P/A E/A
Prepare Closure Plan P/A P/A E/A
Perform Vector P/A E/A
Remediation, if required P/A
Construct Leachate
Collection System, if
required P/A P/A E/A
Construct Gas Venting Layer
and Gas Collection/Control P/A P/A E/A
System
(9/90) Page 1B of 2B
00 00
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN (cont'd)
STAGE BEGIN DATE END DATE COST
Construct Barrier Layer P/A P/A E/A
Construct Barrier Protection
Layer P/A P/A E/A
Construct Topsoil Layer P/A P/A E/A
Establish Vegetative Cover P/A _ P/A E/A
Prepare Construction
Certification Report P/A P/A E/A
Notes: P = Prospective
A = Actual
E = Estimated
(9/90) Page 2B of 2B
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, effective September 1, 1990)
MUNICIPAL LANDFILL CLOSURE PROJECT
REIMBURSEMENT APPLICATION
FACILITY NAME
FACILITY ID#
FACILITY LOCATION
COUNTY
FACILITY OWNER
FACILITY OPERATOR
CONTACT PERSON
ADDRESS
PHONE NO.
AMOUNT OF REIMBURSEMENT SOUGHT
Below list the costs for which you are applying for reimbursement, the
specific work which is included in each cost, and the begin and end
dates of each task. The costs listed below must be the cost to the
municipality, not the portion to be reimbursed. Be as specific as
possible (see example) .
You must include with this form documentation that all costs concerned
have been paid and that the work has been satisfactorily completed.
COST BEGIN DATE OF WORK END DATE OF WORK WORK INVOLVED (DESCRIBE)
(9/90) Page 1D OF 1D
00 * 9
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9 effective September 1, 1990)
EXAMPLE
MUNICIPAL LANDFILL CLOSURE PROJECT REIMBURSEMENT APPLICATION
FACILITY NAME Dumpville Landfill
FACILITY ID# OOS00
FACILITY LOCATION Dump Road, Town of Dumpville, 12345
COUNTY Anycounty
FACILITY OWNER Town of Dumpville
FACILITY OPERATOR Town of Dumpville
CONTACT PERSON Mayor Edward M Smith
ADDRESS 100 Main St. , Cleanville, NY 12345 •
PHONE NO. (123) 456-7890
AMOUNT OF REIMBURSEMENT SOUGHT $ 473,900.00
Below list the costs for which you are applying for reimbursement, the
specific work which is included in each cost, and the begin and end
dates of each task. The costs listed below must be the costs to the
municipality, not the portion to be reimbursed. Be as specific as
possible (see example) .
You must include with this form documentation that all costs concerned
have been paid and that the work has been satisfactorily completed.
NOTE: See Attached Sheet
(9/90) Page 1E of 2E
0 * 400
COST BEGIN END WORK INVOLVED
(Date of Work) (Date of Work) (Describe)
9/1/88 11/15/88 Identify clay borrow source:
$ 2,000 Consultant Services
$ 2,500 5 Lab Permeability Tests
$ 200 2 Particle Size Analyses
$ 400 2 Atterberg Limits Analyses
Construct Cap:
$ 25,000 3/30/89 4/15/89 Regrade Waste Mass, 15,000 yd.3
$ 2,600 4/08/89 4/21/89 Install 10 Gas Vents
$ 126,300 4/15/89 4/30/89 Place Filter Fabric, 48,400 yd. d.
$ 193,600 5/01/89 5/30/89 Place Gas Venting Layer, 16,1002yd.3
$ 126,300 6/01/89 6/15/89 Place Filter Fabric, 48,409 yd.
$ 217,800 6/15/89 7/30/89 Place Clay Cap, 24,200 yd.
$ 1,000 6/15/89 7/30/89 Perform 10 Particle Size Analyses
$ 5,000 6/15/89 7/30/89 Perform 25 Atterberg Limits Analyses
$ 4,000 6/15/89 7/30/89 Perform 8 Lab Permeability Tests
$ 2,500 6/15/89 7/30/89 Perform 25 Moisture Content Tests
$ 3,000 6/15/89 7/30/89 Develop 6 Moisture-Density-
Permeability Relations
$ 6,700 6/15/89 7/30/89 Perform 270 Density Tests
$ 6,700 6/15/89 7/30/89 Perform 270 Moisture Content Tests
$ 6,000 6/15/89 7/30/89 Perform 30 Shelby Tube Sample
Permeability Tests
$ 64,600 8/01/89 8/15/89 Place Barrie3r Protection Layer,
32,300 yd.
$ 66,000 8/01/89 8/10/89 Place Topsoil , 8,100 yd.3
$ 10,600 8/10/89 8/15/89 Seed Capped Landfill , 48,400 yd.
2
$ 1,500 8/20/89 8/22/89 Fertilize Capped Landfill , 48,400
yd.
$ 24,000 8/10/89 9/10/89 Construct Drainage DitShes,12,000 ft.
$ 4,500 9/01/89 9/20/89 Place Rip Rap, 150 yd.
$ 45,000 3/30/89 9/20/89 Engineering Services
$ 947,800 TOTAL
(9/90) Page 2E of 2E
r�
1993- 1994 Regular Sessions
IN ASSEMBLY
. uly 7. 1993
Introduced by COMMITTEE ON RULES -- read once and referred to the Com-
mittee on Ways and Means
AN ACT to amend the tax law, the state finance law and a chapter of the
laws of 1953 as proposed in legislative bills numbers A.8870 and `
5.6208, amending the environmental conservation law and other laws
relating to the environmental protection fund, in relation. to the en-
vironmental protection fund and to repeal subdivision 5 of section 54-
0301 of the environmental conservation law relating to open space land
conservation projects
The People of the State of New York, _reoresented in Senate and Assem-
bly, do enact as follows:
1 Section 1 . Section 1421 of the tax law as amended by.a chapter of the
2 laws of 1993 amending the environmental- conservation law and other laws
3 relating to the environmental protection fund, as proposed in legisla-
4 tive bilis numbers A. 8870 and S. 6208, is amended to read as follows:
5 S 1421 . Cecosit and disposition of revenue. All taxes, interest and
6 penalties collected or received by the tax commission under this article
7 shall be deposited and disposed of pursuant to the provisions of section
8 one hundred seventy-one-a of this chapter; provided, however, from the
9 taxes, interest and penalties attributable to the tax imposed pursuant
10 to section fourteen hundred two of this article in the amount of
11 [twenty-three] forty-three million five hundred thousand dollars shall
12 be deposited in the environmental protection funs established . pursuant
13 to section ninety-two-s of the state finance law for the fiscal year
14 beginning April first, nineteen ninety-five; [the amount of forty-five
15 million dollars shall be aecosited in such fund for the fiscal year
16 beginning Aorii first, nineteen hundred ninety-six;] and the amount of
17 eighty-seven million dollars sfi all be deposited in such fund for the
EXPLANATION--Matter in ita ! ; cs (underscored) is new; matter in brackets
[ ] Is old law to be omitted.
1.8011418-24-3
farmo on xwvmap pomn -
rr"
z
` ` ? ver c i. 3na me emen_a f 3 r 3i _ 3 . 3_ 2v e
_7ese oojec:' ves sc tna' 3ucn recammerc3t. --ns snag �e -^s lerec e
preparation of the executive budget in the succeecing year . Prcyiced.
6 however, that state re,imbursement to localities to offset the loss of
7 real orooerty taxes attributable to sections 480 and 480-a of the real
8 orooerty tax law shall oegin on AoriI first, nineteen tiundred ninety-
9 fide if the legislature shall so determine._
10 S 5. This act shall take effect on the same date as a chapter of the
11 laws of 1993 amending the environmental conservation law and other laws
12 relating to the environmental protection fund, as proposed in legisla-
i3 tive bills numbers A. 8870 and S . 6208, Lakes effect.
J PANTO ON AKYCLW IMM A
q' I
1
STATE OF NEt YORK
8870
1993-1994 Regular Sessions
IN ASSEMBLY
July 7, 1993
Introduced by COMMITTEE ON RULES
grin, Silver, Grannis, DiNapoli, (atEnglebrquest of M. of A. Brodsky,
Bar-
baro, Brennan g , Meeks, Stringer, Bar-
Cahill, Clark, Colman, Cook, Davis,
Jenkins, Koppell, Matusow, Ma Del Toro, Feldman,
Ion, Towns, Weisenber Yersohn, Pretlow, Rivera, Sanders
ernor) read once and�referredrep to the Committee- tee on Ways Tal-
(at request of the Gov-
Ys and Means
AN ACT to amend the environmental
development law, the vehicle and trafficnlaw, the law, the economic
tax law, the state finance law � the public lands
chapter 57 of ► the real law'
the laws of 1993 amending the tax law rrelating ato liincome
tax rates and deductions, in relation to creating the environmental
protection act and repealing article 54 of the environmental conserva-
tion
on�se v -
tion law► relating
thereto r a
The People of the State of New York
bbl do enact as follows: re resented In Senate and Assem-
l Section 1. Short title. This act shall be known as the "
2 protection act°.
3 S 2• Legislative findingsenvironmental
4 finds, declares, and and declaration. The legislature hereby
5 restoration, improvementaandrstewardshimthat �he preservation, enhancement,
6 among the government's most fundamental Obligations; andthat _
7 . ate environment are
actions to make the
9 resources available for state's invaluable natural and ahiistoric
9 the environmental and socialic use and enjoyment are ke
10 The legislature further finds Y of the state. y components of
11 actions be and declares that it is imperative that
taken no'
that the .state wi' , _enter
1' tury with an environmentally sound and effective ehe twenty-first cen-
solid waste. This includes Comprehensive a Program for managing
Manning as well as the imple-
EXPLANATION--Matter in italics
(underscored) is new; matter in brackets
1 is old law to be omitted.
LSD11418-22-3
=C P"C OM WYCIEO rtkn
r
. A. 8870 2
1 mentation of a vigorous recycling program to conserve precious resources
2 and avoid unnecessary use of disposal facilities.
3 The quality of the state' s environment and of the health and welfare
4 of this and future generptions depends on maintaining and continuing the
5 state's tradition of protection of parks and historic properties and
6 land with significant environmental, historic and recreational value and
7 revitalizing the state's waterfronts.
8 Therefore, the legislature finds and determines that there is a need
9 to assure that the state has the capacity to protect the environment and
10 public health, safety and welfare through the provision of assistance to
11 state agencies, public benefit corporations, public authorities, munici-
12 palities and not-for-profit corporations to design, acquire, construct,
13 improve and install certain landfill closure, waste reduction, recy-
14 cling, solid waste management planning, park and protected area, local
15 waterfront revitalization plans and secondary materials marketing
16 projects, and open space conservation projects, including the provision
17 of assistance to local governments.
18 S 3. Article 54 of the environmental conservation law is REPEALED and
19 a new article 54 -is added to read as follows:
20 ARTICLE 54
21 ENVIRONMENTAL PROTECTION ACT
22 Title 1. General provisions
23 3. Open space land conservation projects
24 5. Non-hazardous municipal landfill closure projects
25 7. Municipal waste reduction or recycling projects
26 9. Park, recreation and historic Preservation proiects
27 11. Local waterfront revitalization plans and coastal rehabilita-
28 tion projects
29 13. Long Island central Pine barrens area Planning
30 TITLE 1
31 GENERAL PROVISIONS
32 Section 54-0101. Definitions.
33 54-0103. Powers and duties of the commissioner.
34 54-0105. Powers and duties of a municipality.
35 54-0107. Other powers not affected
36 S 54-0101. Definitions.
37 As used in this article, unless otherwise specified within any title
38 of this article, the following terms shall mean and include:
39 1. "Commissioner" means the commissioner of environmental conserva-
40 tion; except that within and for the purposes of the projects undertaken
41 by the office pursuant to title nine of this article, the term shall
42 mean the commissioner of the office of parks, recreation and historic
43 preservation.
44 2. "Cost" means the cost of an approved oreiect, which shall include
45 engineering and architectural services Plans and specifications, con-
46 sultant and-..legal services, and other direct expenses incident to such
47 prosect less any federal assistance received or to be received and any
48 other assistance from other oarties.
49 3. "Department" means the department of environmental conservation
50 4. "Facility" means anv structure or site improvement including paths,
51 trails, roads, bridges, ramps and buildings
52 5. "Federal assistance" means funds available, other than by loan,
53 from the federal government, either directly or through allocation by
54 the state for construction or program purposes pursuant to any federal
55 law or program.
56 6. "Governing body" means:
-n
-t-`'04%TEDON 4ECVCLIO Mvtp
=C
A. 8870 3
1 a in the case of a county outside of the city of New York, the county
2 board of supervisors or other elective governing body;
3 b in the case of a city or village, the local legislative body
4 thereof, as the term is defined in the municipal home rule law;
5 c. in the case of a town, the town board;
6 d in the case of a public benefit corporation, the board of direc-
7 tors, members or trustees thereof;
8 e in the case of a public authority, the governing_ board_ of direc-
9 tors, members, or trustees thereof;
10 f in the case of a not-for-profit corporation, the board of directors
11 thereof or such other body designated in the certificate of incorpora-
12 tion to manage the corporation; and
13 g in the case of an Indian tribe or nation, any governing bodv recog-
14 nized by the United States or the state of New York.
15 7 "Municipality" means a local public authority or public benefit
16 corporation, a county, city, town, village, or Indian tribe or nation
17 residing within New York state, or any combination thereof. For the pur-
18 poses of title 5 and title 9 of this article, municipality shall also
19 include state agencies, state public authorities and state public bene-
20 fit corporations For the purposes of title 7 of this article, the term
21 municipality shall also include a school district and a supervisory
22 district.
23 8 "Not-for-profit corporation" means a corporation formed pursuant to
24 the not-for-profit corporation law and qualified for tax-exempt status
25 under the federal internal revenue code.
26 9 "Office" means the office of parks, recreation and historic
27 preservation.
28 10 "Solid waste" shall have the definition set forth in title 5 of
29 article 27 of this chapter but shall not include hazardous waste as
30 defined in title 9 of article 27 of this chapter.
31 11 "State assistance pavment" means the payment of monies by the
32 state for projects authorized by the environmental protection fund, to
33 preserve, enhance, restore and improve the quality of the _state' s
34 environment.
35 12 "Secretarv" means the secretary of state.
36 S, 54-0103. Powers and duties of the commissioner.
37 In administering the provisions of this article the respective commis-
38 sioner or the secretary:
39 1 shall make an itemized estimate of funds or appropriations
40 requested annually for inclusion in the executive budget;
41 2 may, in the name of the state, as further provided within this ar-
42 ticle, contract to make, within the limitations of appropriations
43 available therefor, state assistance payments to a municipality toward
44 the cost of a project approved and to be undertaken pursuant to this ar-
45 ticle, or to a not-For-profit corporation toward the costs of a project
46 approved and to be undertaken pursuant. to. titles_ three and nine of this
47 article Such contracts shall be subject to approval by the state comp-
48 troller and, as to form, by the attorney general;
49 3. mav, in the name of the state, enter into contracts, within the
50 limitations of appropriations available -therefor, with not-for-profit
51 corporations, public benefit corporations, and private contractors for
52 services contemplated by this article to be funded hereunder. Such con-
53 tracts shall be subject to approval by the state comptroller and, as to
54 form, by the attorney general; ,
T•
''^POWTEDON AECYCLID PAPER
A. 8870 4
1 4 shall approve vouchers for the payments pursuant to an approved
2 contract. All such payments shall be paid on the audit and warrant of
3 the state comptroller; and
4 5. may perform such other and further acts as may be necessary, proper
5 or desirable to carry out the provisions of this article.
6 S 54-0105. Powers and duties of a municipality.
7 A municipality shall have the power and authority to:
8 1 Undertake and carry out any project for which state assistance
9 payments pursuant to contract are received or are to be received pur-
10 suant to this article and maintain and operate such project;
11 2. Expend money received from the state oursuant to this article for
12 costs incurred in conjunction with the approved project; and
13 3. Perform such other and further acts as may be necessary, proper or
14 desirable to carry out a proiect or obligation, duty or function related
15 thereto.
16 S 54-0107. Other powers not affected.
17 Nothing in this article shall be construed to limit or restrict any
18 powers of the commissioner or any other agency pursuant to any other
19 provision of law.
20 TITLE 3
21 OPEN SPACE LAND CONSERVATION PROJECTS
22 Section 54-0301. Definitions.
23 54-0303. Open space land conservation projects.
24 5 54-0301. Definitions.
25 For purposes of this title, "open space land conservation projects"
26 shall mean acquisition projects including the purchase of conservation
27 easements undertaken by the commissioner and/or the commissioner of the
28 office of parks, recreation and historic preservation listed in the
29 state open space land acquisition plan prepared pursuant to title 2 of
30 article 49 of this chapter._
31 S 54-0303. Open space land conservation projects.
32 1. The, commissioner and the commissioner of the office of parks, re-
33 creation and historic preservation are authorized to undertake open
34 space land conservation projects.
35 2. The commissioner of the office of parks, recreation and historic
36 preservation may enter into an agreement for the maintenance and opera-
37 tion of open space land conservation projects in urban areas or
38 metropolitan park projects by a municipality, or a not-for-profit cor-
39 poration or unincorporated association which demonstrates to the
40 commissioner' s satisfaction that it is financially or otherwise capable
41 of operating and maintaining the project for the benefit of the public
42 and of maximizing public access to such project. Any such agreement
43 shall contain such provisions as shall be necessary to ensure that its
44 operation and maintenance are consistent with and in furtherance of this
45 article and shall be subject to the approval of the director of the
46 budget, the comptroller and, as to form, the attorney general.
47 3 The cost of an open space land conservation project shall include
48 the cost of preparation of a management clan for the oreservation and
49 beneficial enlovment of the land acquired except where such considera-
50 tions have already been undertaken as part of an existing plan applica-
51 ble to the newlv acquired land.
52 4 To the fullest extent practicable, it is the policy of the state to
53 promote an equitable regional distribution of open space land conserva-
54 tion funds, consistent with the purpose of this title, taking into ac-
55 count regional differences in real property values, ecological resources
56 and recreational opportunities.
OaNT*D ON NECYCt¢0 PRMEA
.0
A. 8870 5
1 5 a No open space land conservation project under this title and
2 listed on the state land acquisition plan as of the effective date of
3 this title shall be acquired by the state in a town, village or city if,
4 such town, village or city', within one hundred, eighty days of the effec-
5 tive date of this title adopts a resolution opposing such acquisition.
6 Such resolution must be filed with the regional land acquisition advis-
7 my committee within which the ,town, village or _city is located. The
8 regional advisory committee shall then forward such resolution _to the
9 commissioner.
10 b Should a project be proposed for acquisition by the state, pursuant
11 to the state land acquisition plan, any town, village or city within
12 which such a project is located shall have the right, by resolution
13 within ninety days of notification by the state of its intention to ac-
14 quire such project, to object to such acquisition. Such objection shall
15 be transmitted to the commissioner through the recional land acquisition
16 advisory committee and shall prevent the state from undertaking such
17 acquisition.
18 6 No monies shall be expended for acquisition by eminent domain of
19 any open space 'and conservation project except in accordance with the
20 state land acquisition policy set forth in section 49-0203 of this
21 chapter.
22 7 No monies shall be expended for open space land conservation
23 projects except pursuant to an appropriation therefor.
24 TITLE 5
25 NON-HAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS
26 Section 54-0501. Definitions.
27 54-0503 Eligibility to receive state assistance payments.
28 54-0505 Criteria for municipal landfill closure projects.
29 54-0507. State assistance application procedure.
30 54-0509 Contracts for state assistance payments for municipal
31 landfill closure projects.
32 54-0511 Loans for municipal landfill closure projects.
33 54-0513. Powers and duties of the commissioner.
34 54-0515. Powers and duties of a municipality.
35 S 54-0501. Definitions.
36 As used in this title the following terms shall mean and include:
37 1 "Landfill" means a disposal facility or part of one at which solid
38 waste, or its residue after treatment, is intentionally placed in or on
39 land, and at which solid waste will remain after closure and which is
40 not a land spreading facility, a surface impoundment, or an injection
41 well.
42 2 "Municipal landfill closure project" means activities undertaken to
43 close, includira by reclamation, a landfill owned or operated by a
44 municioality to achieve compliance with regulations promulgated by the
45 department.
46 3 "Cost" means the capital cost of a municipal landfill closure pro-
47 ject including engineer: nq and architectural services, plans and specif-
48 ications, consultant and Leaal services, and other direct capital ex-
49 penses incident •o such project less any federal or other assistance
50 for such project received or to be received.
51 S 54-0503 Eligibility to receive state assistance payments.
52 Any municipality which is the owner or operator of a landfill may ap-
53 ply for state assistance oavments toward the cost of a municipal land-
54 fill closure project upon showing that the following criteria, in addi-
55 tion to applicable rules and regulations, have been mets_
•"'*•vMNTf0 ox,16CVCLEO PAPIP
A. 8870 6 •
1 1. The landfill site has not been classified pursuant to subparagraph
2 one or two of paragraph b of subdivision four of section 27-1305 of this
3 chapter. Sites which have been removed from the registry may apply for
4 state assistance payments.
5 2. The municipality has an obligation to close the landfill by a spe-
6 cific date pursuant to an administrative order, court order or oermit
7 which requires the municipality to cease acceptance of waste at the site
8 within eighteen months of the date the application for state assistance
9 payment is approved.
10 3. A closure investigation report which complies with the requirements
11 of applicable regulations of the department shall have been submitted.
12 4. The municipality has agreed, upon project approval, to waive any
13 right to state assistance for closure of the site under section 27-1313
14 of this chapter.
15 S 54-0505. Criteria for municipal landfill closure projects.
16 1. State assistance payments shall be approved only for projects that
17 include plans for closure, post-closure and construction in accordance
18 with the deoartment's solid waste management regulations applicable to
19 new projects, which were in effect six months prior to the date of sub-
20 mittal of the final application.
21 2. Municioal landfill closure project costs incurred o_ rior to April
22 first, nineteen hundred ninety-three shall not be eligible for state as-
23 sistance payments funded pursuant to this article.
24 3. Prior to processing applications for state assistance payments for
25 projects pursuant to this section, the commissioner shall oromulgate, in
26 consultation with the director of the budget, rules and regulations
27 which shall include criteria for determininc eligible expenditures and
28 procedures governing the commitment and disbursement of funds appropri-
29 ated in accordance with this section. The commissioner also shall
30 oromulgate rules and regulations which shall include application proce-
31 dures, review orocesses, and project approval guidelines and criteria.
32 5 54-0507. State assistance application procedure.
33 1. A municipality, upon the approval of its governing body, may submit
34 an application to the commissioner, in such form and containing such in-
35 formation as the commissioner may require, for state assistance payments
36 toward the cost of a oroiect which is within the state of New York and
37 which is eligible for state assistance pursuant to this title.
38 2. The commissioner shall review such project application and may ap-
39 prove, disapprove or recommend modifications thereto consistent with ap-
40 plicable law, criteria, standards or rules and regulations relative to
41 such orojects. In reviewing aomlications for projects pursuant to this
42 section, the commissioner shall give due consideration to
43 a. the urgencv of need to provide state assistance payments for the
44 project in relation to tte provision of monies for other project needs
45 in the state known at the time such application is made;
46 b. any adverse environmental- impact-resulting from the municipal land-
47 fill, including effects on groundwater; and
48 c. the ability of the municipality to pay for the costs of closure.
49 3. No monies shall 5e expended for non-hazardous municipal landfill
50 closure orojects except pursuant to an appropriation therefor.
51 S 54-0509. Contracts for state assistance payments for municipal land-
52 fill closure projects.
53 After approval of the application, the commissioner and the municipal-
54 ity shall enter into a contract for state assistance payments toward the
55 cost of such project which shall include the following provisions:_
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1 1 A current estimate of the cost of the project as determined by the
2 commissioner at the time of the execution of the contract.
3 2 Arn agreement by the commissioner to make state assistance payments
4 toward the cost of the project by periodically reimbursing the munici-
5 pality for costs incurred during the progress of the project to a maxi-
6 mum of either fifty percent of the cost, or seventy-five percent of the
7 cost for a municipality with a population smaller than -thirty-five hun-
8 dred as determined by the current federal decennial census, or two mil-
9 lion dollars, whichever is less. Such costs are subiect to final com-
10 putation and determination by the commissioner upon completion of the
11 project, and shall not exceed the maximum cost set forth in the
12 contract For purposes of this subdivision, the approved project cost
13 shall be reduced by the amount of any specific grants for landfill_clo-
14 sure purposes received by the municipality from any source; provided,_
15 however, that non-specific grants, such as amounts paid pursuant_to sec-
16 tion fifty-four of the state finance law, shall not be included in such
17 cost reduction.
18 3 An agreement by the municipality to proceed expeditiously with the
19 project and to complete the project in accordance with plans and reports
20 approved by the department and with the conditions of applicable per-
21 mits, administrative orders or judicial orders.
22 54-0511 Loans for municipal landfill closure protects.
23 1 A municipality eligible for a state assistance payment pursuant to
24 subdivision two of section 54-0509 of this title and which has a popula-
25 tion smaller than thirtv-five hundred as determined by the current fed-
26 eral decennial census is also eligible for a loan to a maximum of the
27 unfunded portion of such _project.
28 Z Loans pursuant to this title shall be_without interest and for a
29 term not to exceed twenty vears.
30 3 Loan repayments under this title shall be deposited to the credit
31 of the environmental orotection fund pursuant to subdivision two of sec-
32 tion ninety-two-s of the state finance law.
33 4 A municipality obtaining a loan under subdivision one of this sec-
34 tion shall enter into a contract with the commissioner. That contract
35 _shall contain the following provisions:
36 a the loan shall be repaid in appropriate equal installments. There
37 shall be a one percent per month surcharge for each month of delinquent
38 payment added to any such installment tendered more than sixty days _af-
39 ter the due date.
40 b n the event a municipality shall fail to make any payment due to
41 the state pursuant to this title, the commissioner shall certify to the
42 com t oller and notify the cnairman of the assembly ways and means com-
43 mittee, the chairman of the senate finance committee, the director of
44 the division of the budge* and the governing body of the municipality
45 that such municipality has failed to make such payment. Such certifi-
46 Cate shall be in -`e form as may be determined by the commissioner
47 provided such certificate stall specify the exact _ amount of principal
48 and surcha ae required to satisfy such municipality's unpaid obligation.
49 The comptroller, upon receipt of such certificate from the commissioner,
50 shall withhold from such municipality any state aid payable to it to the
51 extent necessary to meet the certified amount of principal and surcharge
52 due the ccmmissioner and shall immediately pay over to the environmental
53 protection fund the amount so withheld.
54 S 54-0513 Powers and duties of the commissioner.
55 In administering the orovisions of this title the commissioner:
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1 1 shall make an itemized estimate of funds or aporopriations
2 requested annually for inclusion in the executive budget;
3 Z may., in the name of the state, as further provided within this ar-
o ticle, contract to make, within the limitations of appropriations
5 available therefor, state assistance payments and loans toward the costs
6 of an ap roved project. Such contracts shall be subject to approval by
7 the state comptroller and, as-to-form, by the attorney general;
8 3. shall approve vouchers for the payments pursuant to an approved
9 contract. All such payments shall be paid on the audit and warrant of
10 the state comptroller; and
11 4. may perform such other and further acts as may be necessary, proper
12 or desirable to carry out the provisions of this article.
13 S 54-0515. Powers and duties of a municipality.
14 A municipality shall have the power and authority to:
15 1. Undertake and carry out any proiect for which state assistance
16 payments and loans pursuant to contract are received or are to be
17 received pursuant to this article and maintain and operate such project;
18 2. Expend money received from the state pursuant to this article for
19 costs incurred in conjunction with the approved project; and
20 3. Perform such other and further acts as mav be necessary, proper or
21 desirable to carry out a prolect. or obligation, duty or function related
22 thereto.
23 TITLE 7
24 MUNICIPAL WASTE REDUCTION OR RECYCLING PROJECTS
25 Section 54-0701. Definitions.
26 54-0703. Approval of state assistance payments for municipal re-
27 cycling or waste reduction proiects.
28 54-0705. Rules and regulations.
29 54-0707. State assistance application procedure.
30 54-0709. Contracts for state assistance payments for waste
31 reduction or municipal recvcling projects.
32 5 54-0701. Definitions.
33 As used in this title the following terms shall mean and include:
34 1. "Cost" means the capital cost of a municipal recycling proiect in-
35 cluding engineering and architectural services, surveys, plans and spe-
36 cifications; consultant and legal services; lands acquired pursuant to
37 the conditions set forth in section 54-0709 of this title, and other
38 direct capital expenses incident to such a proiect, less any federal as-
39 sistance or other assistance received or to be received. "Cost" shall
40 also include the capital, planning and promotional costs associated with
41 waste reduction projects and the costs related to household hazardous
42 waste collection and disposal programs. Provided, however, "cost" shall
43 exclude any cost incurred prior to April first, nineteen hundred ninety-
44 three.
45 2. "Recvclables recovery equipment" means structures, machinery or
46 devices, singly or in comhination, designed,. constructed and required
47 primarily to separate, process, modify, convert, treat, or prepare col-
48 lected solid waste, which is included as part cf a recvclables recovery
49 program so that component materials or substances or recoverable
50 resources may be used as a raw material for new products or for useful
51 purposes other than for energy recovery, and for the collection and pre-
52 paration for disposal of household hazardous waste.
53 3 "Recvclables recovery program" means a program undertaken by a
54 municipalitv consistent with requirements of section one hundred twenty-
55 as of the general municipal law to provide for the environmentally sound
56 recovery of recyclables, primarily involving the collection, aggregation
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1 and processing of recyclable materials for their use as raw materials
2 for new products or for other useful purposes other than for energy
3 recovery, through facilities planned, designed and constructed to ensure
4 environmental protection and to maximize the potential for recvclables
5 recovery. Such program shall have been approved by the commissioner and
6 undertaken consistent with anv local solid waste management plan pur-
7 suant to section 27-0107 of this chapter._
8 4 "RecyclingProject" means recvclables recovery equipment, source
9 separation equipment, a recvclables recovery program or any combination
10 thereof required by a recvclables recovery program.
11 5 "Source separation equipment" means municipally-owned:_
12 a. Add-ons or trailers designed to modify collection vehicles to allow
13 sorting and separation of collected wastes held for the purpose_ ofrecv-
14 cling;
15 b Containers for the source separation and temporary storage of recy-
16 clable wastes by commercial, industrial and institutional generators,
17 and for the source separation and temporary storage of recyclable wastes
18 by single family and multiple family dwellings prior to collection;
19 c_ Bins, sheds or other facilities for the temporary storage of
20 materials prior to transport for the purposes of recycling: and
21 d. Collection vehicles specifically designed to hold and transport
22 source separated recvclables.
23 6 "Waste reduction protects" means proiects undertaken to reduce the
24 volume or toxicity of material entering the municipal solid waste
25 stream, by reducing the volume or toxicity of such material at the point
26 of generation Waste reduction project s shall include planning and edu-
27 cational or oromotional activities to increase public awareness of
28 methods to prevent the generation of waste including the reuse of cer-
29 tain materials, substitution of non-toxic household products,_and the
30 promotion of backyard composting.
31 7 "Household hazardous waste" shall mean solid waste emanating from
32 households ( including single and multiple residences, hotels and motels,
33 bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds
34 and day use recreation areas) which but for their point of generation,
35 would be a hazardous waste under title 9 of article 27 of this chapter
36 or a "pesticide" as defined in article 33 of this chapter.
37 6 54-0703. Aporoval of state assistance payments for municipal recycling
38 or waste reduction proiects.
39 1 State assistance oayments toward the cost of municipal recycling or
40 waste reduction projects shall be made pursuant to this title with the
41 approval of the commissioner pursuant to an approved _ contract or
42 contracts.
43 2 In reviewing applications for state assistance payments for munici-
44 pal recycling or waste reduction protects, the commissioner shall _give
45 due consideration to:
46 a the adequacy of the municipality's waste reduction or recycling
47 program and its relationship to the needs and plans of other municipa_li—
48 ties; provided, however, that suc'^ adequacy shall be determined in Dart
49 by the efforts undertaken to date by the municipality to implement a
50 mandatory source separation law or ordinance required pursuant to sec-
51 tion one hundred twenty-aa of the general municipal law;
52 b the suitability and feasibility of the project in relation to the
53 recycling program and the area to be served;
54 c the proportion of solid waste for which waste reduction or rep cy la-
55 bles recovery is contemplated and the extent to which the project is
56 consistent with the statewide solid waste reduction and recyclingog als
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A. 8870 10
1 established under the state solid waste management plan, pursuant to
2 section 27-0103 of this chapter;
3 d. the potential fo-r coordination and consolidation of solid waste
4 management practices among municipalities within specified areas,
5 regions or planning units;
6 e. the implementation of the system or components thereof and their
7 expected terms of usefulness, singly or in combination;
8 f. the present and projected population, land use, and rates and com-
9 position of solid waste generation;
10 g. the potential or contemplated markets for recovered recyclables and
11 the extent to which the full avoided costs of proper collection, trans
12 portation and disposal of source separated recyclables are, or are
13 proiected to be, greater than the cost of collection, transportation and
14 sale of said recyclables less the amount received from the sale of said
15 recyclables;
16 h. the intergovernmental arrangements integral to the proiect;
17 i. the non-governmental arrangements integral to the proiect;
18 j. the urgency of the proiect, in relationship to all recyclables
19 recovery program needs in the state; and
20 k. the environmental soundness of the project, including assurance
21 that the proiect will meet all applicable laws, criteria, and rules and
22 regulations.
23 3. State assistance payments toward the cost of a waste reduction or
24 municipal recycling project shall not exceed fifty percent of the cost,
25 and in the aggregate such payments shall in no event exceed two million
26 dollars. Such costs are subject to final computation and determination
27 by the commissioner upon completion of the project, and shall not exceed
28 the maximum eligible cost set forth in the contract.
29 5 54-0705. Rules and regulations.
30 Prior to processing applications for state assistance payments toward
31 the cost of municipal waste reduction or recycling projects, the commis-
32 sioner shall promulgate, in consultation with the director of the budget
33 and the commissioner of economic development, rules and regulations
34 which shall include criteria for determining eligible expenditures and
35 procedures for governing the commitment and disbursement of funds appro-
36 priated in accordance with this title. The commissioner, in consultation
37 with the commissioner of economic development, shall also promulgate
38 rules and regulations which shall include application procedures, review
39 processes, and oroject approval guidelines and criteria.
40 S 54-0707. State assistance application procedure.
41 1. A municipality, upon the approval of its governing body, may submit
42 an application to the commissioner, in such form and containing such in-
43 formation as the commissioner may require, for state assistance payments
44 toward the cost of a project which is within the state of New York and
45 which is eligible for state assistance pursuant to this title.
46 2 The commissioner shall review such project application and may ap-
47 prove, disapprove or recommend modifications thereto consistent with ap-
48 plicable law, criteria, standards or rules and regulations relative to
49 such projects.
50 3. Upon approval of a project application, a municipality shall enter
51 into a contract, as further provided within this article, with the com-
52 missioner for state assistance payments toward the cost of such project
53 to be received pursuant to this article.
54 4. No monies shall be expended for municipal waste reduction or regy--
55 cling oroiects except pursuant to an appropriation therefor.
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A. 8870 L1
1 5 54-0709 Contracts for state assistance payments for waste reduction
2 or municipal recycling projects.
3 1. The commissioner may, in the name of the state, enter into con-
4 tracts with municipalities- to provide state assistance payments toward
5 the cost of waste reduction or municipal recycling projects. Such con-
6 tracts shall include the following provisions:
7 a an estimate of the costs of the project as determined by the com-
8 missioner;
9 b an agreement by the commissioner to make state assistance payments
10 toward the cost of the proiect by periodically reimbursing the munici-
11 oality, during the progress of project development or following comple-
12 tion of the project as may be agreed upon by the parties, in an amount
13 not to exceed the amounts established elsewhere in this title; and
14 c. an agreement by the municipality:
15 (i) to proceed expeditiously with and complete the proiect as approved
16 by the commissioner;
17 (ii) to operate and maintain the waste reduction or municipal recy-
18 cling project in accordance with applicable law and rules and regula-
19 tions;
20 (iii) to provide for the payment of the municipality's share of the
21 cost of the proiect;
22 (iv) to continue, upon evaluation of its effectiveness, operation of
23 the proiect and not to dispose of the proiect or any portion thereof or
24 change its use without the approval of the commissioner;
25 (v) to assume the full cost of anv continued operation of the proiect;
26 (vi) to repay within one year of notification by the commissioner, any
27 state assistance payments made toward the cost of the proiect or an
28 equitable portion of such monies declared appropriate by the commis-
29 sioner, if the municipality:
30 (A) fails to complete the proiect as approved;
31 (B) fails to continue operation of the proiect;
32 (C) disposes of the project, or any portion thereof, without the prior
33 written approval of the commissioner; or
34 (D) changes the use of the project, or any portion thereof, without
35 the prior written approval of the commissioner.
36 No revavment, however, shall be required where the commissioner deter-
37 mines that such failure, disposition or change of use was immediately
38 necessary to protect public health and safety;
39 (vii) to apply For and make reasonable efforts to secure federal as-
40 sistance for the project; and
41 (viii) to not sell, Lease or otherwise dispose of or use lands ac-
42 quired under this title for any purpose inconsistent with the proiect
43 under which such land is acquired.
44 2 In connection with each contract, the commissioner shall keep ade-
45 quate records of the amount of the payment by the state and of the
46 amount of federal assistance, if aay,. teceived by the.municipality. Such
47 records shall be retained by the commissioner and shall establish the
48 basis for recalculation of the state oayment as required herein.
49 TITLE 9
50 PARK, RECREATION AND HISTORIC PRESERVATION PROJECTS
51 Section 54-0901. Definitions.
52 54-0903. Approval and execution of projects.
53 54-0905. Municipal regulations; limitations.
54 54-0907. Contracts.
55 54-0909. Restriction on alienation.
56 54-0911. Rules and regulations.
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1 such property, provisions for public access or use where appropriate,
2 the granting of facade easements to the state, a requirement that all
3 plans for restoration, rehabilitation, improvement, demolition or other
4 physical change must be subject to the commissioner' s approval, and such
5 other conditions which sha11 assure the preservation and protection of
6 the project.
7 2. Any not-for-profit corporation which receives state assistance
8 payments pursuant to this title for the acquisition of land for outdoor
9 recreation or conservation purposes shall execute a contract with the
10 commissioner which shall include the following:
11 a. An agreement to make and keep the lands accessible to the public
12 unless the commissioner determines that public accessibility would be
13 detrimental to the lands or any natural resources associated therewith;
14 b. An agreement not to sell, lease, exchange or donate the lands ex-
15 cept to the state, a local government unit or another qualifying tax
16 exempt non-profit organization for recreation and conservation Purposes
17 approved by the commissioner; and
18 c. An agreement to execute and convey to the state at no charge a con-
19 servation easement, pursuant to title three of article forty-nine of
20 this chapter, over the lands to be acquired with state assistance
21 payments.
22 S 54-0909. Restriction on alienation.
23 1. Real property acquired, developed, improved, restored or rehabili-
24 tated by or through a municipality pursuant to paragraph a of subdivi-
25 sion four of section 54-0903 of this title or undertaken by or on behalf
26 of the city of New York with funds made available pursuant to this title
27 shall not be sold, leased, exchanged, donated or otherwise disposed of
28 or used for other than public park purposes without the express
29 authority of an act of the legislature, which shall provide for the sub-
30 stitution of other lands of equal environmental value and fair market
31 value and reasonably equivalent usefulness and location to those to be
32 discontinued, sold or disposed of, and such other requirements as shall
33 be approved by the commissioner.
34 2. Real oro erty acquired by a not-for-profit organization with funds
35 made available pursuant to oaragra h b of subdivision four of section
36 54-0903 of this title shall not be used in violation of an agreement en-
37 tered into oursuant to the provisions of paragraph b of subdivision two
38 of section 54-0907 of this title, or sold, leased, exchanged, donated or
39 otherwise disposed of without the express authority of an act of the
40 legislature.
41 5 54-0911. Rules and regulations.
42 The commissioner shall adopt, prior to the acceptance of applications
43 for municipal park, historic preservation and urban cultural park
44 projects, rules and regulations which shall include eligibility require-
45 ments, application procedures, office ranking and review processes, pro-
46 ject approval guidelines and criteria, and funding distribution neces-
47 sary for all state assistance pavment programs established pursuant to
48 section 54-0903 of this title.
49 TITLE 11
50 LOCAL WATERFRONT REVITALIZATION PLANS
51 AND COASTAL REHABILITATION PROJECTS
52 Section 54-1101. Local waterfront revitalization plans.
53 54-1103. Coastal rehabilitation projects.
54 54-1105. State assistance payments for coastal rehabilitation
55 projects.
56 54-1107. State assistance application procedure and standards.
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A. 8870 15 •
1 54-1109 . Contracts for state assistance pavments for coastal
2 rehabilitation.
3 54-1111. State projects.
4 5 54-1101. Local waterfront revitalization plans.
5 1. The secretary is authorized to provide on a competitive basis,
6 within amounts appropriated, state assistance pavments to municipalities
7 toward the cost of any local waterfront revitalization plan approved by
8 the secretary.
9 2. The secretary and a local government may enter into a contract for
10 the undertaking by the municipality of a local waterfront revitalization
11 plan. Such plan shall be recommended to the secretary by the governing
12 body of the municipality, and when approved by the secretary, undertaken
13 by the municipality pursuant to anv applicable provision of law.
14 3. State assistance payments shall not exceed fifty oercent of the
15 plan cost. For the purpose of determining the amount of the state as-
16 sistance pavments, the cost of the plan shall not be more than the
17 amount set forth in the application for state assistance pavments ap-
18 proved by the secretary. The state assistance payments shall be paid on
19 audit and warrant of the state comotroller on a certificate of availa-
20 bility of the director of the budc_et.
21 4. The secretary shall have the power to approve vouchers for payments
22 pursuant to an approved contract._
23 5. No monies shall be expended for local waterfront revitalization
24 plans except pursuant to an appropriation therefor.
25 6. The secretary shall impose such contractual requirements and condi-
26 tions upon any municipality which receives state assistance payments
27 pursuant to this article as may be necessary and appropriate to ensure
28 that a public benefit shall accrue from the use of such funds by the
29 municipality.
30 S 54-1103. Coastal rehabilitation protects.
31 As used in this title, "coastal rehabilitation o_ roject" shall mean
32 those projects which serve a oublic purpose for beach nourishment neces-
33 sary to maintain the natural functions of beach areas, maintenance of
34 the natural passage of sand along coastal areas, emergency breach clo-
35 sures and similar activities undertaken by the state, a municipality, or
36 a not-for-profit corporation which demonstrates to the commissioner's
37 satisfaction that it is financially and otherwise capable of operating
38 and maintaining the project, For :he restoration and rehabilitation of
39 coastal areas diminished, damaged or destroved by natural forces.
40 c 54-1105. State assistance pavments for coastal rehabilitation
41 projects.
42 1. The commissioner is authorized to provide on a competitive basis,
43 within amounts appropriated, state assistance payments to a municipality
44 or a not-for-profit corporation toward the cost of any coastal rehabili-
45 tation project approved by the commissioner.
46 2. The commissioner and a municipality or not-for-profit corporation
47 may enter into a contract for the undertaking of a coastal rehabilita-
48 tion project. Such project sha« be recommended to the commissioner by
49 the governing body of the municipality or not-for-profit corporation as
50 that term is defined pursuant to subdivision six of section 54-0101, and
51 when approved by the commissioner, undertaken by the municioality or
52 not-for-profit corporation pursuant to this article and any other appli-
53 cable provisions of law.
54 3 State assistance pavments shall not exceed fifty percent of the
55 proiect cost or two million dollars, whichever is less. Such costs are
56 subject to Final computation and determination by the commissioner upon
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1 completion of the orolect, and shall not exceed the maximum eligible
2 cost set forth in the contract.
3 4. Prior to processing applications for state assistance payments tow-
4 and the cost of coastal rehabilitation proiects, the commissioner shall
5 promulgate rules and regulations which shall include criteria for deter-
6 mining eligible expenditures and procedures for governing the commitment
7 and disbursement of funds appropriated in accordance with this title.
8 The commissioner shall also promulgate rules and regulations which shall
9 include application procedures, review processes, and project approval
10 guidelines and criteria consistent with section 54-1107.
11 S 54-1107. State assistance application procedure and standards.
12 In the case of coastal rehabilitation proiects, a municipality or not-
13 for-profit corporation, upon the approval of its governing body, may
14 submit an application to the commissioner, in such form and containing
15 such information as the commissioner may require, for state assistance
16 payments toward the cost of a prosect which is within the state of New
17 York and which is eligible for state assistance pursuant to this title.
18 The commissioner shall review such proiect application and may approve,
19 disapprove or recommend modifications thereto consistent with applicable
20 law, criteria, standards or rules and regulations relative to such
21 prosects. Such criteria and standards shall include, but not be limited
22 to: the consistency of the project with the Coastal Erosion Hazard Areas
23 Act, article 34 of this chapter, notwithstanding paragraph d of subdivi-
24 sion three of section 34-0108 of this chapter; the official coastal
25 policies of the state pursuant to article 42 of the executive law; the
26 extent of natural damages to the coastal area and the suitability and
27 feasibility of the project in relation to maintaining natural resource
28 features and functions; the importance of the coastal area to recrea-
29 tional resources, fish and wildlife resources, and/or endangered or
30 threatened species habitat; and the public benefits provided by the
31 prosect.
32 Upon approval of a proiect application, a municipality or not-for-
33 profit corporation shall enter into a contract, as further provided
34 within this article, with the commissioner for state assistance payments
35 toward the cost of such project to be received pursuant to this article.
36 S 54-1109. Contracts for state assistance payments for coastal
37 rehabilitation.
38 1. The commissioner may, in the name of the state, enter into con-
39 tracts with municipalities or not-for-profit corporations, to provide
40 state assistance payments toward the cost of coastal rehabilitation
41 proiects which shall include the following provisions:
42 a. an estimate of the costs of the proiect as determined by the com-
43 missioner;
44 b. an agreement by the commissioner to make state assistance payments
45 toward the cost of the project by periodically reimbursing the munici-
46 pality or not-ior-profit corporation during -*he progress of proiect
47 development or following completion of the proiect as may be agreed upon
48 by the parties, in an amount not to exceed the amounts established
49 elsewhere in this title; and
50 c. an agreement by the municipality or not-for-profit corporation:
51 ( i) to proceed expeditiously with and complete the proiect as approved
52 by the commissioner;
53 (ii) to undertake and maintain the coastal rehabilitation proiect in
54 accordance with applicable law and rules and regulations;
55 ( iii) to provide for the payment of the municipality's or not-for-
56 profit corporation's share of the cost of the proiect;
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A. 8870 • 17 •
1 (iv) to assume the full cost of any additional elements or continued
2 operation of the project;
3 (v) to repay within one year of notification by the commissioner, any
4 state assistance payments made toward the cost of the project or an
5 equitable portion of such monies declared appropriate by the commis-
6 sioner, if the municipality or not-for-profit corporation fails to com-
7 plete the proiect as approved. No repayment, however, shall be required
8 where the commissioner determines that such failure, disposition or
9 change of use was immediately necessary to protect public health and
10 safety;
11 (vi) to apply for and make reasonable efforts to secure federal as-
12 sistance for the proiect; and
13 (vii) to not sell, lease, or otherwise dispose of or use lands reha-
14 bilitated under this title for any purpose inconsistent with the project
15 for a period of seven years from the commissioner's approval of the
16 proiect.
17 2 In connection with each contract, the commissioner shall keep ade-
18 quate records of the amount of the payment by the state and of the
19 amount of federal assistance, if any, received by the municipality or
20 not-for-profit corporation. Such records shall be retained by the com-
21 missioner and shall establish the basis for recalculation of the state
22 payment as required herein.
23 § 54-1111. State proiects.
24 The commissioner is authorized, within amounts appropriated, to
25 directly undertake a coastal rehabilitation proiect pursuant to this
26 title in accordance with section 1 of chapter 535 of the laws of 1945,
27 as amended, or as specifically appropriated, on state lands or state
28 lands underwater.
29 TITLE 13
30 LONG ISLAND CENTRAL PINE BARRENS AREA PLANNING
31 Section 54-1301. Long Island central pine barrens area planning.
32 c 54-1301. Long Island central nine barrens area planning.
33 In order to further the ourposes of article 57 of this chapter, the
34 commissioner shall provide, within amounts appropriated from the en-
35 vironmental protection fund, state assistance payments for the prepara-
36 tion of the comprehensive central nine barrens land use plan pursuant to
37 section 57-0121 of this chapter. State assistance payments may be made
38 to the cent-al pine barrens joint planning and policy commission esta-
39 blished in article 57 of this chapter for all eligible costs incurred
40 after April first, nineteen hundred ninety-three. No monies shall be ex-
41 pended for Long Island central pine barrens area planning except pur-
42 suant to an appropriation therefor .
43 5 4. Subdivisions 2 and 4 of section 27-0109 of the environmental con-
44 servation law, as added by chapter 70 of the laws of 1988, are amended
45 to read as follows:
46 2. The commissioner is . authorized (until .Apsil thirtieth, nineteen
47 hundred ninety, ) to contract to maze a state grant, within the limit of
48 appropriation therefor, to any planning unit for up to ninety percent of
49 the costs to prepare, update or revise its local solid waste management
50 plan; provided, however, that (the amount of such grant shall be reduced
51 by the amount of any grant) no such grant has been previously made to a
52 planning unit which is a part of or is served by the planning unit seek-
53 ing such grant. A planning unit may receive a grant pursuant to this
54 subdivision which shall not exceed the greater of twenty-five thousand
55 dollars or one dollar for each resident of the planning unit, based upon
56 the current federal decennial census (of nineteen hundred eighty] .
m
A. 8870 • 18 •
1 4. Payments authorized under this section for the preparation, update
2 or revision of a plan shall be made as follows:
3 (a) not more than fifty percent of the total grant upon approval by
4 the department of the grant request; and
5 (b) the balance of the total. grant in not more than three periodic
6 payments for unreimbursed costs, as provided in the contract.
7 5 5. The economic development law is amended by adding a new section
8 264 to read as follows:
9 5 264. Secondary materials regional marketing assistance. 1.
10 Definitions. As used in this section, unless a different meaning clearly
11 appears from the context, the term:
12 a. "Applicant" shall mean a municipality or two or more municipalities
13 or a not-for-profit corporation.
14 b. "Cost" shall mean the capital cost of a secondary materials
15 regional marketing assistance proiect including engineering and ar-
16 chitectural services, surveys, plans and specifications; transportation
17 facilities at the site or sites of the proiect; lands acquired pursuant
18 to conditions set forth in subdivision six of this section; and other
19 direct capital expenses incident to such a proiect, less any federal as-
20 sistance and other assistance received or to be received. For purposes
21 of this section, "cost" shall include directly related costs for techni-
22 cal assistance, "cost" shall exclude any costs incurred prior to the ef-
23 fective date of this section.
24 c. "Municipality" shall mean a local public authority or public bene-
25 fit corporation, a county, city, town, village, or Indian tribe residing
26 within New York state, or anv combination thereof.
27 d. "Secondary materials" shall have the definition set forth in sub-
28 division one of section two hundred sixty-one of this article.
29 e. "Secondary materials regional marketing assistance proiect" or
30 "proiect" shall mean activities undertaken by an applicant related to
31 the aggregation, processing, preparation, marketing or transportation of
32 secondary materials to markets and designed to maximize the recycling of
33 aggregated quantities of secondary materials.
34 f. "State assistance payment" means the payment of monies by the state
35 to municipalities, other governmental entities or not-for-profit cor-
36 porations for undertaking, pursuant to contract, projects authorized by
37 the environmental protection act which added this section to preserve,
38 enhance, restore and improve the quality of the state's environment.
39 2. Purpose. The department is authorized, within amounts appropriated,
40 to design and implement a secondary materials regional marketing as-
41 sistance program which shall promote a strong secondary materials
42 processing and manufacturing industry in the state and promote the use
43 of New York state generated secondary materials by out-of-state
44 manufacturers. A high priority for such marketing program shall be to
. 45 develon consistent, reliable supplies of quality secondary materials in
46 sufficient Quantities that meet the . raw material specifications and
47 requirements of the secondary materials markets.
48 3. Designation. The department shall be the agency responsible for
49 providing assistance to applicants for the marketing of secondary
50 materials.
51 4. Technical assistance. The department is authorized to undertake the
52 following activities including:
53 a. identifying secondary material markets;
54 b. serving as a clearingnouse of market information, market conditions
55 and marketing strategies for such materials; and
PFMTEO Opt RWKLED PAN"
_C
A. 8870 • 19 •
1 c providing assistance to applicants for facilitating secondary
2 materials market contracting arrangements.
3 5 Secondary materials regional marketing state assistance oavments.
4 a The department is authorized to provide, on a competitive basis,
5 within amounts appropriated, state assistance payments to, assist appli-
6 cants in undertaking secondary materials market development activities.
7 b The department shall consider the following criteria in evaluating
8 oroiect applications:
9 (i) the ability of the applicant to achieve the goals of the project,
10 including the ability to secure long-term markets for source separated
11 secondary materials;
12 (ii) the approoriateness of the proposed project in fulfilling
13 regional marketing needs;
14 (iii) whether the proposed project is consistent with any local solid
15 waste management plans which contain the elements set forth in paragraph
16 b of subdivision one of section 27-0107 of the environmental conserva-
17 tion law;
18 (iv) the economic and technical feasibility of the proposed marketing
19 assistance proiect, includinc the extent to which the proiect provides a
20 means of ensuring the quality of secondary material collected for sale
21 or disposition to an end market;
22 (v) the commitment of the aoolicant to implement the short and long
23 term goals of the proposed marketing assistance project; and
24 (vi) the extent to which selection of the project would ensure, to the
25 extent practicable, a regional distribution of projects across the
26 state.
27 c. State assistance pavments shall not exceed fifty percent of the
28 project cost; provided, however, that costs funded through other state
29 recycling or solid waste management programs shall not be eligible for
30 fundine under this section.
31 d Prior to processing applications, the department shall promulgate
32 rules and regulations to imolement this section, in consultation with
33 the commissioner of environmental conservation.
34 6 Contracts for state assistance payments. a. The commissioner, in
35 consultation with the commissioner of environmental conservation, may
36 enter into contracts with applicants to provide state assistance
37 payments toward the cost of secondary materials regional marketing as-
38 sistance projects Such contracts shall include the following
39 provisions•
40 ( i) An .estimate of the costs of the project as determined by the
41 commissioner.
42 (ii) An agreement by the commissioner to make state assistance
43 oavments toward the cost of the oroiect by periodically reimbursing the
44 applicant during the orocress of project development or following com-
45 o_letion of the project as may be agreed upon by the parties.
46 ( iii) An agre.ement_by. the applicant:
47 (1) to proceed expeditiously with and complete the project as approved
48 by the commissioner;
49 () to continue operation of the project and not to dispose of the
50 project or any portion thereof or change its use without the approval of
51 the commissioner; and to not sell, lease or otherwise dispose of or use
52 Lands acquired under this section for any purpose inconsistent with the
53 project under which such land isacquired;
54 (.3) to oeerate and maintain the project in accordance with applicable
55 Law, rules and regulations;_
o•WILD ON NKYCLED PAMN
A. 8870 • 20 •
1 (4) to provide for the payment of the applicant ' s share of the cost of
2 the proiect;
3 (5) to repay, within one year of notification by the commissioner, any
4 state assistance payment made toward the cost of the project or an
5 equitable portion of such monies declared appropriate by the commis-
6 sioner, if the applicant:
7 (A) fails to complete the proiect as approved,
8 (S) disposes of the project, or any portion thereof, without the prior
9 written approval of the commissioner, or
10 (C) changes the use of the project, or any portion thereof, without
11 the prior written approval of the commissioner.
12 No repayment, however, shall be required where the commissioner deter-
13 mines that such failure, disposition or change of use was immediately
14 necessary to protect public health and safety; and
15 (6) to apply for and make reasonable efforts to secure federal as-
16 sistance for the proiect. In the event that federal assistance not in-
17 c_luded in the calculation of the state assistance payment becomes
18 available to the applicant, the amount of the state assistance payment
19 shall be recalculated to include such federal assistance and the ap li-
20 cant shall reimburse the state the amount by which the state assistance
21 payment actually made exceeds the state assistance payment determined by
22 the recalculation.
23 b. In connection with each contract, the commissioner shall keep ade-
24 quate records of the amount of the payment by the state and of the
25 amount of federal assistance, if any, received by the applicant Such
26 records shall be retained by the commissioner and shall establish the
27 basis for recalculation of the state assistance payment as required
28 herein.
29 c. The department shall monitor the performance of each project and
30 shall require periodic and annual reports, as applicable, regarding each
31 secondary material regional marketinq assistance proiect at such time
32 and in such manner as prescribed by the commissioner. The commissioner
33 shall furnish a copy of such reports to the governor, the commissioner
34 of environmental conservation, the maiority leader of the senate and the
35 speaker of the assembly.
36 S 6. Section 23 of the public lands -law, as amended by chapter 79 of
37 the laws of 1976, is amended to 'read as follows:
38 S 23. Disposition of moneys received from sale of certain state
39 lands and sand and gravel thereon. All moneys received by the commis-
40 sioner of general services from the sale of sand and gravel on, or from
41 the sale of, any Land of the state, or from the grant of rights or ease-
42 ments therein or thereover, not including land under water provision
43 with respect to which is made in section seventv-five of this chapter,
44 (but] and not including abandoned canal lands provision with respect to
45 which is made under article four of this chapter and not including cer-
46 tain detached. parcels of forest preserve lands with respect to which
47 provision is made in section twenty-four of this chapter, shall be paid,
48 less any refunds made pursuant to section twenty-six of this law, first
49 to repay any expenditures made by the office of general services from
50 moneys appropriated to said office in the first instance for the admin-
51 istration, management, utilization and disposal of real property of the
52 state and any rights or interests therein, and any balance of such
53 moneys remaining after repayment of the first instance expenditures
54 shall be paid into the state treasury through the office of general
55 services to the credit of the capital construction fund established by
56 section ninety-three of the state finance law. All such moneys received
" .PRWT[0 ON RECYCLED PAPEN
A. 8870 • 21 •
1 during a month, less any refunds, shall be so paid on or before the fif-
2 teenth day of the succeeding month.
3 S 7. Section 75 of the public lands law is amended by adding a new
4 subdivision 14 to read as follows:
5 14 Proceeds from sales, leases, grants of easements and lesser in-
6 terests, including permits for the use of lands under water pursuant to
7 this section shall be applied first to the costs of administration by
8 the office of General services of the program of grants of lands_ under
9 water pursuant to this section Any surplus from such proceeds shall be
10 deposited in the environmental protection fund established pursuant to
11 section ninety-two-s of the state finance law.
12 S B. The vehicle and traffic law is amended by adding a new section
13 404-1 to read as follows:
14 5 404-1. Issuance of distinctive conservation plates. 1.
On or after
15 April first, nineteen hundred ninety-four, any person residing in this
16 state, upon filing a complete application and paving a fee as provided
17 in subdivision two of this section, shall be issued his or her choice of
18 one of ten distinctive regional conservation license plates, as
19 described in subdivision three of this section. Application for said
20 license plate shall be filed with the commissioner in such form and
21 _detail as the commissioner shall prescribe.
22 2 A distinctive conservation plate issued pursuant to this section
23 shall be issued in the same manner as other number plates upon the
24 Payment of the regular registration fee prescribed by -section four hun-
25 dred one of this article provided, however, that an additional annual
26 service charge of twenty-five dollars shall be charged for such plate.
27 All moneys received as annual service charges under this section shall
28 be deposited to the credit of the environmental protection_fund esta-
29 blished pursuant to section ninety-two-s of the state finance law; and
30 shall be used for open space land conservation proiects undertaken Pur-
31 suant to title three of article fifty-four of the environmental conser-
32 vation law.
33 3 Distinctive conservation plates shall be issued to recognize ten
34 geographic regions of the state Each region's plate shall include
35 legend with the name of the region and "NEW YORK" and shall incorporate
36 a design element that uniquely represents the particular region. The ten
37 geograDhic regions to be recognized shall be: Long Island Sound; Atlan-
38 tic Coast New York City; Hudson River Greenway; Catskill -Park; Adiron-
39 dack Park; Great Lakes; Erie Canal; Fincer Lakes; and Southern Tier.
40 4. The proceeds under this section shall be deposited in the environ-
41 mental protection fund established pursuant to section ninety-two-s of
42 the state finance law.
43 S 9. Section 1421 of the tax law, as added by chapter 69 of the laws
44 of 1978 and- renumbered by chapter 61 of the laws of 1989, is amended to
45 read as follows:
46 S 1421. Deposit. and dispositi.an of reventue...._A11 taxes, interest and
47 penalties collected or received by the tax commission under this article
48 shall be deposited and disposed of pursuant to the provisions of section
49 one hundred seventy-one-a of this chapter; provided, however, from the
50 taxes, interest and penalties attributable to the tax imposed pursuant
51 to section fourteen hundred two of this article in the amount of twenty-
52 three million dollars shall be deposited in the environmental protection
53 fund established pursuant to section ninety-two-s of the state finance
54 law for the fiscal year beginning April first, nineteen ninety-five; the
55 amount of forty-five million dollars shall be deposited in such fund for
56 the fiscal year beginning April first, nineteen hundred ninety-six; and
+ oaa1110ONRECKLEDMMR
A. 8870 • 22 •
1 the amount of eighty-seven-million dollars shall be deposited in such
2 fund for the fiscal year beginning April first, nineteen hundred ninety-
3 seven and annually thereafter.
4 S 10. The state finance law is amended by adding a new section 92-s to
5 read as follows:
6 S 92-s Environmental protection fund. 1. There is hereby established
7 in the joint custody of the comptroller and the commissioner of taxation
8 and finance a special fund to be known as the "environmental protection
9 fund" .
10 2 a The comptroller shall establish the following separate and
11 distinct accounts within the environmental protection fund:
12 (i) solid waste account;
13 (ii) parks, recreation and historic preservation account;
14 (iii) open space account; and
15 (iv) environmental protection transfer account.
16 b. All monies received by the comptroller for deposit in the environ-
17 mental protection fund shall be deposited first to the credit of the en-
18 vironmental protection transfer account. No monies shall be expended
19 from any such account for any project except pursuant to appropriation
20 by the legislature.
21 3. Such fund shall consist of the amount of revenue collected within
22 the state from the amount of revenue, interest and penalties deposited
23 pursuant to section fourteen hundred twenty-one of the tax law, the
24 amount of fees and penalties received from easements or leases pursuant
25 to subdivision fourteen of section seventy-five of the public lands law
26 and the money received as annual service charges pursuant to section
27 four hundred four-1 of the vehicle and traffic law, all monies required
28 to be deposited therein from the contingency reserve fund pursuant to
29 section two hundred ninety-four of chapter fifty-seven of the laws of
30 nineteen hundred ninety-three, all monies required to be deposited Pur-
31 suant to section thirteen of the chapter of the laws of nineteen hundred
32 ninety-three which enacted this section, repayments of loans made pur-
33 suant to section 54-0511 of the environmental conservation law and all
34 other monies credited or transferred thereto from any other fund or
35 source pursuant to law. All such revenue shall be initially deposited
36 into the environmental protection fund, for application as provided in
37 subdivision five of this section.
38 4 On or before the twelfth day of each month, the commissioner of
39 taxation and Finance shall certify to the comptroller the amounts speci-
40 fied in subdivision two of this section relating to the preceding month
41 and, in addition on the last day of the fiscal year the commissioner
42 shall certify such amounts relating to the last month of such fiscal
43 year. The amount of revenues so certified shall be deposited by the
44 comptroller in the environmental protection fund.
45 5. Revenues in the environmental Protection fund shall be kept
46 separate and .shalL.aot-be commingled ...with. ..any-. other moneys in the
47 custody of the comptroller. All deposits of such revenues shall, if
48 required by the comptroller, be secured by obligations of the United
49 States or of the state having a market value equal at all times to the
50 amount of such deposits and all banks and trust companies are .authorized
51 to give security for such deposits. Any such revenues in such fund may,
52 upon the discretion of the comptroller, be invested in obligations_ in
53 which the comptroller is authorized to invest pursuant to section
54 ninety-eight-a of this article.
55 6 Monies in the environmental protection transfer account shall be
56 appropriated For transfer •o the solid waste account, parks, recreation
T.
•"""'PMNTIO ON NECYCLEO MPEN
A. 8870 23 •
1 and historic preservation account and the open space account Monies
2 from the solid waste account shall be available, pursuant to appropria-
3 tion and .upon certificate of approval of availability by the director of
4 the budget, for any non-hazardous municipal landfill closure project;
5 municipal waste reduction or recycling project, as defined in article
6 fifty-four of the environmental conservation law; for the purposes of
7 section two hundred sixty-four of the economic development law; and any.
8 project for the development, updating or revision of local solid waste
9 management plans pursuant to sections 27-0107 and 27-0109 of the en-
10 vironmental conservation law. Monies from the parks, recreation and
11 historic_oreservation account shall be available, pursuant to anpropria-
12 tion, for any municipal park project, historic preservation project, ur-
13 ban cultural park project, waterfront revitalization plan or coastal
14 rehabilitation project. Monies from the open space account shall be
15 available pursuant to appropriation, for any open space land conserva-
16 tion project, Long Island Central Pine Barrens area planning, biodiver-
17 sits stewardship and research pursuant to a chapter of the laws of
18 nineteen hundred ninety-three, for the purposes of county agricultural
19 and farmland protection activities as authorized by article twenty-five-
20 AAA of the agriculture and markets law or non-point source abatement and
21 control orojects pursuant to section 17-1409 of the environmental con-
22 servation law and section eleven-b of the soil and water conservation
23 districts law. The governor shall include a specific line appropriation
24 in the capital projects budget describing individual open space land
25 conservation projects proposed to be undertaken by the department of en-
26 vironmental conservation and/or the office of parks, recreation and
27 historic preservation pursuant to title three of article fifty-four of
28 the environmental conservation law and listed in the state open space
29 land acquisition plan prepared pursuant to title two of article forty-
30 nine of the environmental conservation law.
31 7. Notwithstanding any other provision of law, no state assistance
32 payment authorized under this section or article fifty-four of the en-
33 vironmental conservation law may be applied, with respect to any proiect
34 located within the area of New York county bounded by (a) the northern
35 boundary of the area known as Battery Park City,• and (d) eight hundred
36 feet inland easterly from the United States bulkhead line:
37 (i) for, other than for recreational use or access inland of the ex-
38 isting bulkhead line, anv roads, bridges, ramps or parking facilities or
39 sewers or water mains;
40 ( ii ) for any site improvement, including sewers or water chains, to
41 support residential, industrial or commercial development;
42 Ciii) to excavate, place fill or plantings in, or place any piling,
43 platform or structure, including a floating structure, in the Hudson
44 river;
45 (iv) to plan, evaluate or studv any project involving such excavation
46 or placement as described in suboarag-aph ( iii) of this paragraph; or
47 (y) for anv purpose or project except where the commissioner of en-
48 vironmental conservation, with the approval of the director of the
49 budget, enters into a contract with the cit^ of New York or a state
50 agency, but not with anv public benefit corporation or public authority
51 or any other person or entity, for the undertaking of the purpose or
52 project. No part of the purpose or project may be subcontracted to any
53 public benefit corporation, public authority, not-for-profit corpora-
54 tion, or municipality other than the city of New York, nor shall any
55 such state assistance payment be paid to, on behalf of, or pursuant to
56 any agreement with any such entity.
" PeNTEO OR PKVCLEO PAPIR
A. 8870 24
1 8. All payments of moneys from the fund shall be made on the audit and
2 warrant of the comptroller.
3 S I.I. Subdivision 3 of section 294 of chapter 57 of the laws of 1993
4 amending the tax law relating to income tax rates and deductions, is
5 amended to read as fo110ws:
6 3. Following any reduction( , as certified by the director of the
7 budget, ) in general fund disbursements resulting from the refinancing of
8 obligations of the state or its public authorities, the director of the
9 budget shall certify to the comptroller amounts available in the general
10 fund as a result of such refinancings. The comptroller shall transfer
11 (such amounts) the first seventy-five million dollars certified as
12 available by the director of the budget pursuant to the requirements of
13 this subdivision from the general fund to (this) the contingency reserve
14 fund. The comptroller shall trans ext nineteen million dollars
15 so certified to the environmentaCjssistanci fund. The comptroller shall
16 transfer any remaining amounts so cer 1 1 to the contingency reserve
17 fund. C;
18 S 12. Subdivision 1 of section 171-a of the tax law, as amended by
19 chapter 760 of the laws of 1992, is amended to read as follows:
20 1. All taxes, interest, penalties and fees collected or received by
21 the commissioner or his duly authorized agent under articles nine
22 (except section one hundred eighty-two-a thereof and except as otherwise
23 provided in section two hundred five thereof) , nine-A, twelve-A (except
24 as otherwise provided in section two hundred eighty-four-d thereof) ,
25 thirteen, thirteen-A (except as otherwise provided in section three hun-
26 dred twelve thereof) , fifteen (except as otherwise provided in section
27 three hundred forty-one thereof) , eighteen, eighteen-A, nineteen,
28 twenty, twenty-one, twenty-two, twenty-four, twenty-six, twenty-six-A,
29 twenty-six-B, twenty-eight, (except as otherwise provided in section
30 eleven hundred two (and]_ section eleven hundred four-a thereof) ,
31 twenty-eight-A, thirty-one, (except as otherwise provided in section
32 fourteen hundred twenty-one thereof as amended by section nine of the
33 chapter of the laws of nineteen hundred ninety-three which enacted this
34 exception) , thirty-one-B, thirty-two, (and) thirty-three and thirty-
35 three-A of this chapter shall be deposited daily in one account with
36 such responsible banks, banking houses or trust companies as may be
37 designated by the comptroller, to the credit of the comptroller. Such an
38 account may be established in one or more of such depositories. Such
39 deposits shall be kept separate and apart from all other money in the
40 possession of the comptroller. The comptroller shall require adequate
41 security from all such depositories. Of the total revenue collected or
42 received under such articles of this chapter, the comptroller shall
43 retain in his hands such amount as the commissioner of taxation and
44 finance may determine to be necessary for refunds or reimbursements un-
45 der such articles of this chapter and article ten thereof out of which
46 amount . the-comptroller shall-pay.-any-zefunds..Or. reimbursements to which
47 taxpayers shall be entitled under the provisions of such articles of
48 this chapter and article ten thereof. The commissioner of taxation and
49 finance and the comptroller shall maintain a system of accounts showing
50 the amount of revenue collected or received from each of the taxes im-
51 posed by such articles. The comptroller, after reserving the amount to
52 pay such refunds or reimbursements shall, on or before the tenth day of
53 'each month, pay into the state treasury to the credit of the general
54 fund all revenue deposited under this section during the preceding
55 calendar month and remaining to his credit on the last , day of such
56 preceding month except that he shall pay to the state department of
PRKMOON NlCYMIO PAM
A. 8870 25
1 social services that amount of overpayments of tax imposed by article
2 twenty-two of this chapter and the interest on such amount which is cer-
3 tified to hi'm by the commissioner of taxation and finance as the amount
4 to be credited against past-due support pursuant to subdivision six of
5 section one hundred seventy-one-c of this chapter and except that he
6 shall pay to the New York state higher education services corporation
7 and the state university of New York or the city university of New York
8 respectively that amount of overpayments of tax imposed by article
9 twenty-two of this chapter and the interest on such amount which is cer-
10 tified to him by the commissioner of taxation and finance as the amount
11 to be credited against the amount of defaults in repayment of guaranteed
12 student loans and state university loans or city university loans pur-
13 suant to subdivision five of section one hundred seventy-one-d and sub-
14 division six of section one hundred seventy-one-e of this chapter and
15 except further that, notwithstanding any law, he shall credit to the
16 revenue arrearage account, pursuant to section ninety-one-a of the state
17 finance law, that amount of overpayment of tax imposed by article nine,
18 nine-A, twenty-two, thirty, thirty-A, thirty-B, thirty-two or thirty-
19 three of this chapter, and any interest thereon, which is certified to
20 him by the commissioner of taxation and finance as the amount to be cre-
21 dited against a past-due legally enforceable debt owed to a state agency
22 pursuant to subdivision six of section one hundred seventy-one-f of this
23 article, and except further that he shall pay to a non-obligated spouse
24 that amount of overpayment of tax imposed by article twenty-two of this
25 chapter and the interest on such amount which has been credited pursuant
26 to section one hundred seventy-one-c, one hundred seventy-one-d, or one
27 hundred seventy-one-e or one hundred seventy-one-f of this article and
28 which is certified to him by the commissioner of taxation and finance as
29 the amount due such non-obligated spouse pursuant to paragraph six of
30 subsection (b) of section six hundred fifty-one of this chapter, and he
31 shall deduct a like amount which he shall pay into the treasury to the
32 credit of the general fund from amounts subsequently payable to the
33 department of social services, the state university of New York, the
34 city university of New York, or the higher education services corpora-
35 tion, or the revenue arrearage account pursuant to section (ninety one-
36 a] ninety-one-a of the state finance law, as the case may be, whichever
37 had been credited the amount originally withheld from such overpayment.
38 S 13. Notwithstanding any other provision of law, a sum not to exceed
39 five million dollars shall be deposited annually to the credit of the
40 environmental protection fund by March 31, 1995 and by each subsequent
41 March 31.
42 Such sum shall be derived from the net proceeds resulting from the
43 sale, transfer, lease, or imposition of other charges for the use of
44 surplus real property under the jurisdiction of the department of trans-
45 portation or the office of general services.
46 The term __".net _-proceeds". .is._ deflned .as fifty. percent of the amount
47 available after the following deductions are made from the gross sales,
48 transfer, lease, and other proceeds: the sums required to satisfy any
49 outstanding indebtedness or similar financial obligations related to the
50 property from which the gross proceeds were derived, including but not
51 limited to sums required to defease bonds, to repay the federal govern-
52 ment for moneys previously provided to acquire the site, and to finance
53 expenses connected with such things as (a) demolishing buildings that
54 will not be reused and (b) maintaining and securing vacant land or bu-
55 ildings between the time they are vacated and the date that they are
56 sold or otherwise converted to a new use.
�"�'`nRNTEDON REC'C1L0 MRER
CC
A. 8870 26 •
1 On or before the tenth day of each month, the commissioner of trans-
2 portation and the commissioner of the office of general services shall
3 report to the comptroller the net proceeds received during the preceding
4 month and the comptroller shall deposit the first five million dollars
5 of such net proceeds that become available in this manner during each
6 state fiscal year, beginning with the one which ends on March 31, 1995,
7 in the environmental protection fund.
8 Notwithstanding the above provisions, no net proceeds derived from the
9 sale, transfer, lease or imposition of other charges for the use of real
10 property abandoned to the office of general services by the office of
11 mental health or by the office of mental retardation and developmental
12 disabilities shall be made available for, transferred to, or deposited
13 in the environmental assistance fund.
14 S 14. Section 543 of the real property tax law is amended by adding a
15 new subdivision 7 to read as follows:
16 7. (a) Whenever the state acquires a conservation easement or a com
17 mon law easement made taxable pursuant to this title which burdens a-
18 parcel containing an improvement, the commissioner shall specify whether
19 the easement applies to the land, the improvements or both
20 (b) Where a conservation easement created pursuant to title three of
21 article -forty-nine of the environmental conservation law or a common law
22 easement for conservation purposes has been or is hereinafter acquired
23. by the state:
24 (i) on a parcel of property which is otherwise fully exempt from tax-
25 ation, the assessor shall determine the taxable assessment of the con-
26 servation easement by multiplying the allocation factor by the total as
27 sessed value of the land, the improvement, or the entire parcel, as ap-
28 oropriate:
29 (ii) on a parcel of property which is partially exempt from taxation,
30 the assessor shall determine the taxable assessment of the conservation
31 easement by multiplying the allocation factor by the total assessed
32 value of the land, the improvement, or the entire parcel, as appropri
33 ate;
34 (iii) on a parcel which is partially exempt from taxation, the taxa
35 ble assessed value of the burdened parcel shall be calculated through
36 pro ration of the partial exemption in the same proportions as the allo
37 cation factor. The owner of the burdened parcel shall be entitled to
38 the pro rated portion of the exemption which is applicable to the
39 remainder fee interest.
40 (C) No exemption shall be applied to the total assessed value of the
41 conservation easement.
42 S 15. Paragraph f of subdivision 2 of section 49-0209. of the environ-
43 mental conservation law, as added by chapter 146 of the laws of 1990, is
44 amended to read as follows:
45 f. review the state land acquisition plan prepared by the department
46 and office pursuant to section 49-0207 of th}s title at least biennially
47 and make recommendations regarding such plan as it affects the region.
48 S 16. Subdivision 6 of section 49-0209 of the environmental conserva-
49 tion law, as added by chapter 146 of the laws of 1990, is amended to
50 read as follows:
51 6. Regional committees shall be established no later than September
52 first, nineteen hundred ninety, and shall make initial recommendations
53 no later than December first, nineteen hundred ninety, to the commis-
54 sioners and the state land acquisition advisory council and shall report
55 at least biennially thereafter.
`�PMMT[OON OKYCLIO PAPIR
A. 8870 27
1 S 17. The department of environmental conservation and the state board
2 of equalization and assessment shall conduct a study of the implementa-
3 tion of sections 480 and 480-a of the real property tax law
to evaluate
4 the impacts of these programs on local real property tbase,
5 space and natural resource protection. The board and the department, af-
6 ter public notice, hearings and opportunity for public comment, shall
7 report to the governor and the legislature by December 1, 1993 on recom-
8 mendations for development and implementation of a program that achieves
9 these objectives so that such recommendations shall be considered in the
10 preparation of the executive budget in the succeeding year.
11 S 18. This act shall take effect immediately except that sections six,
12 seven and eight of this act shall take effect April 1, 1994, and except
13 that sections nine and twelve of tax law shall take effect April 1,
14 1995.
`�PRONG OM 4*CYCL[0 PARR
STATE ASSISTANCE AND LOANS FOR 9-1
MUNICIPAL LANDFILL CLOSURE PROJECTS
Subpart 360-9 is amended to read as follows
SUBPART 360-9
STATE ASSISTANCE AND LOANS FOR MUNICIPAL LANDFILL CLOSURE PROJECTS
Section 360-9.1 Purpose and applicability
360-9.2 Definitions
360-9.3 Application eligibility
360-9.4 Application procedure
360-9.5 Department review
360-9.6 Eligible and ineligible costs for state assistance payments
and loans
360-9.7 State assistance progress reviews and reimbursement schedule
360-9.8 Loan approvals
360-9.9 State assistance contract
360-9.10 Return of state assistance for nonperformance
360-9.11 Loan contract
360-9.12 Return of loan for nonperformance
Section 360-9.1 Purpose and applicability.
(a) Purpose. Title 5 of Article 54 of the Environmental Conservation Law
provides money in the form of state assistance and loans to eligible
municipalities to help pay for municipal landfill closures. For a municipality
with a population of 3,500 or more, as determined by the most recent federal
decennial census, the maximum total of state assistance payments shall be either
50 percent of the approved project cost or $2,000,000, whichever is less. For
a municipality with a population less than 3,500, as determined by the most
recent federal decennial census, the maximum total of state assistance payments
shall be either 75 percent of the approved project cost or $2,000,000, whichever
is less. A municipality with a population, as determined by the most recent
federal decennial census, of less than 3,500 may also be eligible for an
interest-free loan to a maximum of the unfunded eligible cost portion of the
project. The purpose of this Subpart is to establish eligibility requirements,
application procedures and procedures the department will follow to implement the
state assistance and loan programs.
(b) Applicability. This Subpart applies to applications for state
assistance or loans for municipal landfill closure projects funded by the
Environmental Protection Fund and the Environmental Quality Bond Act as provided
for in Title 5 of Article 54 of the Environmental Conservation Law (ECL) . Monies
available from the Environmental Protect ion Fund and Environmental Quality Bond
Act of 1986 may only fund eligible project costs incurred before the date
specified in ECL 54-0505(2) .
STATE ASSISTANCE AND LOANS FOR 9-2
MUNICIPAL LANDFILL CLOSURE PROJECTS
(c) Nothing in this Subpart shall be construed to limit or restrict any
powers of the commissioner or any other agency pursuant to any other proviion
of law.
Section 360-9.2 Definitions.
(a) Definitions from Environmental Conservation Law. As used in this
Subpart, the following terms shall be interpreted with the meanings ascribed to
them in sections 54-0101 and 54-0501 of the ECL.
(1) Cost means the capital cost of an approved municipal landfill
closure project including engineering and architectural services, plans and
specifications, consultant and legal services, and other direct capital expenses
incident to such project, less any federal , state or other assistance for such
project received or to be received.
(2) Federal assistance means funds available, other than by loan, from
the federal government, either directly or through allocation by the State for
construction or program purposes pursuant to any federal law or program.
(3) Governing body means:
(i ) in the case of a county outside of the City of New York, the
county board of supervisors or other elective governing body;
(ii) in the case of a city or village, the local legislative body
thereof, as the term is defined in the Municipal Home Rule Law;
(iii) in the case of a town, the town board;
(iv) in the case of a public benefit corporation, the board of
directors, members or trustees thereof;
(v) in the case of a public authority, the governing board of
directors, members, or trustees thereof;
(vi) in the case of a not-for-profit corporation, the board of
directors thereof or such other body designated in the certificate of
incorporation to manage the corporation;
(vii ) in the case of a Native American tribe, any governing body
recognized by the United States or the State of New York; and,
(viii ) in the case of a state agency, the Commissioner of the state
Agency.
(4) Municipality means a local public authority or public benefit
corporation, a county, city, town, village, state agency, state public authority,
STATE ASSISTANCE AND LOANS FOR 9-3
MUNICIPAL LANDFILL CLOSURE PROJECTS
state public benefit corporation, or Native American tribe or nation residing
within New York State, or any combination thereof.
(5) Municipal landfill closure project means activities undertaken to
close, including by reclamation, a landfill owned or operated by a municipality
to achieve compliance with regulations promulgated by the department.
(6) Not-for-profit corporation means a corporation formed pursuant to
the not-for-profit corporation law and qualified for tax-exempt status under the
federal internal revenue code.
(7) Solid waste shall have the definition set forth in title 7 of
article 27 of the Environmental Conservation Law but shall not include hazardous
waste as defined in Title 9 of Article 27 of the Environmental Conservation Law.
(8) State assistance payment means monies paid by the State to
reimburse municipalities for eligible costs incurred for projects authorized by
the Environmental Protection Act to preserve, enhance, restore and improve the
quality of the State's environment.
(b) Other definitions. These terms have the following meanings when used
in this Subpart.
(1) Approval means a formal written department determination of
compliance with all applicable portions of this Subpart.
(2) Contiguous means having a common boundary or being hydraulically
connected, as determined by the department.
(3) Failure to make a loan payment means failure to make a loan
payment on or before the date required in the loan contract described in section
360-9.11 of this Subpart.
(4) Landfill closure site means a site as defined in paragraph 360-
1 .2(b) (154) of this Part or a landfill as recognized by the department.
(5) Loan payment means debt service payment on a loan provided by the
state in accordance with the Environmental Protection Act.
(6) Reclamation means department-approved landfill reclamation
activity as defined in paragraph 360-2.18(a) (1) of this Part.
(7) Reclassification investigation means an investigation of
sufficient scope to enable the department to change the Registry classification
of a Classification 2a landfill site.
(8) Registry means the most recent publication of New York State
Department of Environmental Conservation's Inactive Hazardous Waste Disposal
Sites in New York State, Annual Report and any subsequent updates.
STATE ASSISTANCE AND LOANS FOR 9-4
MUNICIPAL LANDFILL CLOSURE PROJECTS
(9) State assistance means funds available, other than by loan, from
the state government for construction or program purposes pursuant to any state
law or program.
Section 360-9.3 Application eligibility.
A municipality may apply for state assistance, a loan, or state assistance
and a loan if the landfill closure site meets the following requirements:
(a) Ownership. The site must be municipally owned or operated and the
municipality must have full responsibility for all closure and post-closure
activities.
(b) The loan applicant must have a population, as determined by the most
recent federal decennial census, of less than 3,500.
(c) Additional requirements. The following conditions must be met:
(1) the landfill closure site is not classified as a Classification
1 or Classification 2 in the Registry;
(2) a municipality with a Classification 2a site in the Registry is
eligible to apply for state assistance if the municipality has submitted a
complete reclassification investigation report to the department.
(i) A landfill closure site classified as Classification 2a is
not eligible for state assistance unless it is reclassified to Classification 3,
Classification 4, Classification 5 or delisted.
(ii ) If, six months after the date of application, the site is not
reclassified to a Classification 3, Classification 4 or Classification 5 or
delisted, the application status will be reviewed by the department. If the site
remains a Classification 2a due entirely to the department's delay in
reclassification, then the applicant will be granted an extension up to an
additional six months for reclassification; otherwise the application becomes
invalid.
(d) Applicable regulations. The municipal landfill closure project must
comply with regulations for new facilities, as set forth in this Part, which are
in effect six months prior to the application for state assistance. A variance
granted in accordance with subdivision 360-1 .7(c) of this Part, will not make a
municipal landfill closure project ineligible for state assistance.
(e) Obligation to close. The municipality is obligated to close the
landfill by a specific date. The obligation must be in the form of:
(1) an administrative order;
STATE ASSISTANCE AND LOANS FOR 9-5
MUNICIPAL LANDFILL CLOSURE PROJECTS
(2) a court order; or
(3) a permit condition.
The municipality must be in substantial compliance with the obligation to
close. The obligation to close must include a requirement that the landfill
closure site stop receiving solid waste within 18 months following the approval
date of the application for state assistance.
(f) Closure investigation report. A closure investigation report must be
completed for municipal solid waste landfills. A hydrogeologic report must be
completed for municipal construction and demolition debris landfills. These
reports must comply with regulations for new facilities, as set forth in this
Part, that are in effect six months prior to the application for state
assistance.
(g) Waiver of assistance. Upon project approval for state assistance, a
loan, or state assistance and a loan under this Subpart, the municipality must
waive any right to assistance under section 27-1313 of the ECL.
(h) Phased landfill closure. The department may allow a municipality to
close a landfill site in phases. Each phase will be a municipal landfill closure
project for construction purposes only. A phased landfill closure project:
(1) does not entitle the municipality to state assistance beyond the
$2,000,000 maximum that the municipality can receive for the entire site;
(2) may be approved by the department if the closure project area is
noncontiguous to any other landfill waste mass or, if contiguous to another waste
mass, such mass has been closed in accordance with regulations that were in
effect at the time of its closure; and
(3) must have all subsequent phases closed in accordance with
regulations for new facilities, as set forth in this Part, that are in effect six
months before the phase becomes inactive.
Section 360-9.4 Application procedure.
An eligible municipality may apply to the department for state assistance,
a loan or state assistance and a loan. The application must be submitted
according to the following procedure:
(a) Application form. The application must be on forms provided by the
department, and must be accompanied by the following:
(1) a copy of the closure investigation report required under
subdivision 360-9.3(f) of this Subpart, and correspondence indicating the
approval status of the report;
'
STATE ASSISTANCE AND LOANS FOR 9-6
MUNICIPAL LANDFILL CLOSURE PROJECTS
(2) a copy of the administrative order, court order or permit
condition containing the obligation to close the landfill site by a specified
date that conforms to subdivision 360-9.3(e) of this Part;
(3) a municipal landfill closure project work plan outlining the tasks
to be completed and tasks already completed, a timetable for the proposed or
actual completion of each task, and estimated or actual costs for each task;
(4) a certified copy of the governing body's authorization for
submission of the application which contains the following information:
(i) name of governing body;
(ii) name of individual authorized to sign application; and
(iii ) certification by recording officer;
(5) a statement that the landfill site is not currently a
Classification 1 or Classification 2 in the Registry. A site classified as
Classification 2a in the Registry must verify that a complete reclassification
investigation has been submitted to the department;
(6) an affirmative action work plan which details the applicant's
commitment to the affirmative action program and includes: designation of an
affirmative action representative, a municipal policy statement and a project
description;
(7) a statement that the landfill closure project area will not have
a landfill constructed on it; and
(8) a statement that post-closure monitoring and maintenance of the
landfill site will be implemented in accordance with subdivision 360-2. 15(1 ) .
(b) Necessary information. The applicant must provide all information
necessary to enable the department to determine the applicant's score under
subdivision 360-9.5(d) of this Subpart.
(c) Central office submission. The original application package for state
assistance must be submitted to:
Director
Division of Solid Waste
New York State Department of Environmental Conservation
50 Wolf Road
Albany, NY 12233-4010
Attn: Landfill Closure State Assistance/Loan Program Application
(d) Regional office submission. One complete copy of the application
package must be submitted to the regional solid waste engineer in the region in
which the landfill closure project is located.
STATE ASSISTANCE AND LOANS FOR 9-7
MUNICIPAL LANDFILL CLOSURE PROJECTS
Section 360-9.5 Department review.
The department will use the procedures in this section to determine the
order in which it will review and approve applications for state assistance,
loans or state assistance and loans.
(a) Receipt of applications. Date of receipt of approvable applications
will be based upon the date received in the Albany, NY office or the date 18
months before the stop accepting waste date set forth in the facility's
obligation to close, whichever is later. Applications received on a Saturday,
Sunday, a holiday when state offices are closed, or after 4:30 p.m. on any
business day will be considered received on the next business day.
(b) Initial review. The department will do an initial review of all
applications for completeness.
(c) Award of state assistance and loans. Applications for state assistance
and loans will be funded in the following order:
(1) any application for state assistance which was partially funded
by the department under the Landfill Closure State Assistance Program that became
effective September 1, 1990 which, due to insufficient funds, was not funded up
to the maximum total state assistance authorized by subdivision 360-9.9(e) of
this Subpart;
(2) an increase in state assistance from 50 percent of eligible costs
to 75 percent of eligible costs for applicants for state assistance that have or
had contracts under the Landfill Closure State Assistance Program that became
effective September 1, 1990, and which have a population, based on the most
recent federal decennial census, of less than 3,500, provided, however, that:
(a) in no event shall the State assistance payments exceed a
total of $2,000,000; and,
(b) if available funds are insufficient, the department will
provide state assistance in the order that approvable applications were initially
received.
(3) applicants for loans that have or had existing contracts under the
Landfill Closure State Assistance Program that became effective September 1 ,
1990.
(a) if available funds are insufficient, the department will
provide loans in the order that the approvable applications for state assistance
were initially received.
(4) all other applications for state assistance and loans.
STATE ASSISTANCE AND LOANS FOR 9-8
MUNICIPAL LANDFILL CLOSURE PROJECTS
(a) if available funds are insufficient, the department will
provide state assistance and loans in the order of initial date of receipt of
approvable applications.
Section 360-9.6 Eligible and ineligible costs for state assistance payments and
loans.
(a) Eligible costs. Reasonable costs directly related to a municipal
landfill closure project will be considered eligible. Eligible costs include the
following to the extent that they are necessary for actual project construction:
(1) costs for preparation of a closure investigation report;
(2) costs for preparation of a reclassification investigation - this
cost will be considered eligible for sites that were classified in the Registry
as Classification 2a and have become eligible for state assistance as a result
of the reclassification investigation;
(3) costs for engineering and architectural services;
(4) costs for preparation of plans and specifications;
(5) costs for consultant services;
(6) costs for legal services;
(7) costs for closure construction; and
(8) costs for other direct capital expenses incident to the municipal
landfill closure project as approved by the department.
(b) Ineligible costs. The following costs incurred in the design and/or
implementation of a municipal landfill closure project are not eligible for state
assistance:
(1) costs incurred to perform the municipal landfill closure project
if it is not fully implemented in accordance with plans and reports approved by
the department;
(2) costs incurred in preparing and submitting an application under
Title 5 of Article 54 of the ECL;
(3) costs for which the commissioner determines funds are not
available;
(4) post-closure monitoring and maintenance costs associated with a
municipal landfill closure project;
STATE ASSISTANCE AND LOANS FOR 9-9
MUNICIPAL LANDFILL CLOSURE PROJECTS
(5) costs for activities associated with development of alternative
waste disposal sites or techniques;
(6) costs incurred before the date specified in ECL 54-0505(2) ;
(7) costs incurred if the department determines that the landfill
closure site is a Classification 1 or Classification 2 in the Registry;
(8) costs incurred to perform the municipal landfill closure project
that are inconsistent with or in violation of the procedures and requirements for
the state assistance program under Title 5 of Article 54 of the ECL, or other
applicable laws;
(9) costs associated with a municipal landfill closure project that
does not comply with the landfill closure requirements for new facilities as set
forth in Part 360 of this Title, that is in effect six months prior to the
application for state assistance;
(10) any portion of the cost for which federal or other specific
assistance has been or will be received; and
(11) costs for activities not approved by the department.
Section 360-9.7 State assistance progress reviews and reimbursement schedule.
(a) Approval process. State assistance will be approved only for municipal
landfill closure projects that include plans for closure, post-closure and
construction that conform to the requirements for new facilities as set forth in
Part 360 of this Title, that are in effect six months prior to the application
for state assistance.
(b) Requirements for reimbursement. A municipality that has entered into
a contract with the commissioner in accordance with section 54-0509 of the ECL
must:
(1) perform closure work according to the schedule(s) included in the
contract;
(2) file progress reports at intervals stipulated in the contract;
(3) file, on forms prescribed by the department, for reimbursement at
each payment milestone identified in the contract documents; and
(4) document and certify, when filing for reimbursement, that the
municipality has paid all costs concerned by submitting necessary copies of the
project's management, accounting, procurement and property control records.
• !
STATE ASSISTANCE AND LOANS FOR 9-10
MUNICIPAL LANDFILL CLOSURE PROJECTS
(c) Department review. The department will :
(1) review reimbursement requests and either approve or deny payrent;
(2) notify the municipality of denial of payment, with an explanation
of the reasons for denial ; and,
(3) process reimbursement requests expeditiously.
(d) Revision of award amount. The amount awarded through state assistance
is subject to revision pending a final computation and determination by the
commissioner. The approved project cost will be reduced by the amount of any
specific grants for the project received by the municipality from any source.
Section 9.8 Loan approvals.
(a) Loan requirements. A municipality eligible for state assistance
payments pursuant to section 360-9.7 of this Subpart, and that has a population,
as determined by the most recent federal decennial census, of less than 3,500 is
also eligible for an interest-free loan to a maximum of the unfunded eligible
cost portion of the project. The loan will not be closed prior to processing of
the final reimbursement request as described in section 360-9.9 of this Subpart.
(b) Loan amount. The loan amount will not exceed the eligible cost portion
of the project not funded by state assistance payments.
(c) Loan schedule. The loan must be repaid in equal installments, and over
a term not to exceed twenty years.
360-9.9 State assistance contract.
Upon approval of a state assistance application, a municipality must enter
into a contract with the commissioner on a timely basis. The contract must
include but not be limited to:
(a) provisions for implementation of the approved municipal landfill
closure project and any amendments;
(b) provisions for reimbursement including:
(1) a current estimate of the cost of the project;
(2) periodic reimbursement:
(i) for cost incurred during the project; and
STATE ASSISTANCE AND LOANS FOR 9-11
MUNICIPAL LANDFILL CLOSURE PROJECTS
(ii ) the periodic reimbursement amount will be pro-rated based
upon the estimated total project cost.
(c) an agreement by the municipality to:
(1) proceed expeditiously with the project;
(2) complete the project in accordance with plans and reports approved
by the department; and,
(3) complete the project in accordance with the conditions of
applicable permits, administrative orders or judicial orders.
(d) provisions relating to:
(1) competitive bidding procedures;
(2) protests;
(3) awarding of construction contracts;
(4) change orders;
(5) department on-site inspections;
(6) inspections of records;
(7) audits;
(8) force accounts;
(9) construction schedules;
(10) project management;
(11) progress report submittals;
(12) submittal of requests for reimbursement;
(13) minority and women's business enterprises and equal employment
opportunity requirements;
(14) State retainage of up to 10 percent of the state assistance until
the completed project is reviewed and approved by the department; and
(15) post-closure monitoring and maintenance;
(e) a current estimate of the cost of the project as determined by the
commissioner at the time of the execution of the contract; and,
STATE ASSISTANCE AND LOANS FOR 9-12
MUNICIPAL LANDFILL CLOSURE PROJECTS
(f) the maximum total state assistance which may be awarded for the
project.
Section 360-9. 10 Return of state assistance for nonperformance.
(a) Failure to comply. If the municipality has failed to comply with the
state assistance contract, the department will :
(1) notify the municipality of the failure; and
(2) allow the municipality a reasonable time to correct the failure.
(b) Violation of contract. If the failure is not corrected in the time
allowed by the department, the municipality will be in violation of the contract
and the department will :
(1) withhold any future state assistance under the contract; and
(2) demand immediate repayment of any state assistance received by the
municipality.
Section 360-9. 11 Loan contract.
If a loan application is approved, a municipality must enter into a loan
contract with the commissioner, or his agent, on a timely basis. The loan
contract must include, but not be limited to:
(a) a provision that the loan is interest-free;
(b) a provision for loan payment, including the loan term;
(c) a provision for adding a one percent per month surcharge for each month
of delinquent loan payment on all loan payments not paid within sixty days after
the due date;
(d) a provision for conditions under which the municipality is in violation
of the loan contract;
(e) a provision incorporating applicable requirements of the state
assistance contract into the loan contract;
(f) provisions as set forth in subdivision 360-9.9 of this Subpart, except
for subdivisions 360-9.9(b) and (e) , and paragraphs 360-9.9(4) (11) , (12) and (14)
of this Subpart;
(g) a provision for intercepting any State aid payable to a loan recipient
that has a failed loan payment to the exact amount of the recipients total failed
payment, including any surcharge; and,
STATE ASSISTANCE AND LOANS FOR 9-13
MUNICIPAL LANDFILL CLOSURE PROJECTS
(h) a provision for intercepting any State aid payable to a loan recipient
that has defaulted on its loan contract to the exact amount of the recipient's
total principal and surcharge due.
Section 9. 12 Return of loan for nonperformance.
(a) Failure to make a loan payment. In the event of failure to make a loan
payment:
(1) the department will certify to the comptroller that the
municipality has failed to make a loan payment; and,
(2) the comptroller will upon receipt of such certification, withhold
from the municipality any State aid payable to it to the extent necessary to meet
the amount due the department, including the recipient's total failed payment and
surcharge.
(b) Loan contract default. Failure to make any three (3) loan payments or
failure to comply with the terms of the loan contract is a loan contract default.
In the event of a loan default, the Department may require, upon written notice,
prompt payment of the total unpaid principal of the loan and any surcharges. If
prompt payment is not made in full , then:
(1) the department will certify to the comptroller that the
municipality has defaulted on the loan contract; and,
(2) the comptroller will upon receipt of such certification, withhold
from the municipality any State aid payable to it to the extent necessary to meet
the amount due the department.
REGIONAL OFFICES REGIONS
(Herkimer,Jefferson, Lewis, REGION S
Solid Waste Engineers Oneida,St.Lawrence) (Clinton, Essex. Fra Fulton,
Saratoga,
Hamilton, SatatogWar e, Warren,
MAIN OFFICE Washington)
Division of Solid Waste John Kenna
MAIN OFFICE
New York State
State Washington
tonBuilding re George Stahler
317 Washington Street 9
Department of Environmental Conservation Watertown, NY 13601-3787 Route 86, PO Box 296
p (315)785-2513 Ray Brook, NY 1 297 7-0296
`
SUB OFFICE (518)697.1242
Robert Senior SUB OFFICE
LEGEND State Office Building C -r Constantine Carayiannis
Regional Headquarters 207 Genesee Street V Box 220
9 CJ Hudson Street Extension
Utica, NY 13503
(315)793.2554 Warrensburg. NY 12885-0220
July 1994 �, L —"- (518)623.3671
DEC CENTRAL OFFICE
Division of Solid Waste
50 Wolf Road
Albany,NY 122134010
l 15181 457 66,13
John J Will,on,Director
f --
8 RoD�rt Mttrr.y,Assistant Director
REGION 4
9 -- � (Albany, Columbia, Delaware,
Greene, Mont.-4orrlery,Otsego,
4 Rensselaer,S,-henectady,
Schoharie)
i f Richard Forg.•a
1150 North Vu-�stcott Road
Schenectady, NY 12306 2014
(518) 357-204°
REGION 9 REGION 8 REGION 7 REGION 3
(Allegany,Cattaraugus, (Chemung,Genesee,Livingston, (Broome,Cayuga,Chenango, \ (Dutchess,Orange, Putnam,
Chautauqua,Erie,Niagara, Monroe,Ontario,Orleans, Cortland,Madison,Onondaga, > Rockland, Sullivan, Ulster,
Wyoming) Schuyler,Seneca,Steuben, Oswego,Tlogs,Tompkins) C Westchester)
Mark Hans Wayne,Yates) Larry Gross —�, Alan Fuchs
270 Michigan Avenue Daniel David 615 Erie Blvd.W. -- 21 South Putt ::orners Road
Buffalo, NY 14203.2999 6274 E. Avon Lima Road Syracuse, NY 13204-2400 New Paltz, N' 12561.1696
(716)851.7220 Avon, NY 14414.9519 (315)426-7419 1914)255-5452 R
(716)226-2466
REGION 2
(Bronx,Kings,New York, 1 REGION 1
Oueens,Richmond) n (Nassau,Suffolk)
"•'�+, Gilbert Burns L Anthony Cava
�'+ a 1 Hunters Point Plaza SUNY Campus
�,\^) 47.40 21st Street Loop Road, Budding 40
Long Island City,NY 11101 5407 Stunv Brook, NY 11790 2356
ss
(718)4824949 (516)4440375
+•scr•
0
°�O CpG
James Bunchuck h� yam► P.O. Box 962
Solid Waste Coordinator Cutchogue, New York 11935
ca Z Tel.: (516) 734-7685
Fax: (516) 734-7976
SOUTHOLD TOWN
July 17 , 1995 SOLID WASTE DISTRICT
MEMORANDUM
TO: Tom Maher, Dvirka and Bartilucci
FROM: *im Bunchuck, Solid Waste Coordinator
SUBJECT: Landfill Closure Assistance Application
I plan to submit the attached Project Work Plan with our grant
application. Could you please review the scheduling and cost
estimations and let me know if they make sense? Any suggestions
you might have would be most helpful .
0 0
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, effective September 1, 1990)
SAMPLE
LANDFILL CLOSURE STATE ASSISTANCE APPLICATION RESOLUTION
Resolution Authorizing the submission of an application for State
assistance for landfill closure pursuant to Title 5 of Article 54 of the
New York State Environmental Conservation Law.
WHEREAS,
(Legal Name of Municipality)
herein called the "Municipality" has hereby determined that certain work,
as described in the state assistance application and any amendments
thereof, herein called the "Project", is desirable and in the public
interest; and
WHEREAS, Title 5 of Article 54 of the Environmental Conservation Law
authorized state assistance payments to municipalities for closure of
municipal landfills by means of a written agreement and the Municipality
deems it to be in the public interest and benefit under this law to apply
therewith;
NOW, THEREFORE, BE IT RESOLVED BY
(Governing Body of Municipality
1. That
(Name and Title of designated authorized representative)
is directed and authorized as the official representative to act in
connection with any application between the Municipality and the State,
and to provide such additional information as may be required;
2. That one (1) certified copy of this Resolution be prepared and sent to
the Director, Division of Solid Waste, New York State Department of
Environmental Conservation, 50 Wolf Road, Albany, New York 12233-4010
together with the application; and
3. . That this Resolution take effect immediately.
(990) Page 1F of 2F
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CERTIFICATE OF RECORDING OFFICER
I hereby certify that the attached Resolution is a true and correct copy
of the Resolution, authorizing the submission of a state assistance municipal
landfill closure application, as regularly adopted at a legally convened
meeting of the
Name of-Governing Body of Applicant
duly held on the day of 19 and
further that such Resolution has been fully recorded in the
in my office.
(Title of Record Book)
In witness whereof, I have hereunto set my hand this .
day of 19
If the Applicant has an Official Seal , Signature of Recording Officer
impress here.
Title of Recording Officer
(9/90) Page 2F of 2F
• •
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9 effective September 1, 1990)
EXAMPLE
MUNICIPAL LANDFILL CLOSURE PROJECT REIMBURSEMENT APPLICATION
FACILITY NAME Dumpville Landfill
FACILITY IN OOS00
FACILITY LOCATION Dump Road, Town of Dumpville, 12345
COUNTY Anycounty
FACILITY OWNER Town of Dumpville
FACILITY OPERATOR Town of Dumpville
CONTACT PERSON Mayor Edward M. Smith
ADDRESS 100 Main St. , Cleanville, NY 12345
PHONE NO. (123) 456-7890
AMOUNT OF REIMBURSEMENT SOUGHT $ 473,900.00
Below list the costs for which you are applying for reimbursement, the
specific work which is included in each cost, and the begin and end
dates of each task. The costs listed below must be the costs to the
municipality, not the portion to be reimbursed. Be as specific as
possible (see example) .
You must include with this form documentation that all costs concerned
have been paid and that the work has been satisfactorily completed.
NOTE: See Attached Sheet
(9/90) Page 1E of 2E
• •
COST BEGIN END WORK INVOLVED
(Date of Work) (Date of Work.) (Describe)
9/1/88 11/15/88 Identify clay borrow source:
$ 2,000 Consultant Services
$ 2,500 5 Lab Permeability Tests
$ 200 2 Particle Size Analyses
$ 400 2 Atterberg Limits Analyses
Construct Cap:
$ 25,000 3/30/89 4/15/89 Regrade Waste Mass, 15,000 yd.3
$ 2,600 4/08/89 4/21/89 Install 10 Gas Vents 2
$ 126,300 4/15/89 4/30/89 Place Filter Fabric, 48,400 yd.
$ 193,600 5/01/89 5/30/89 Place Gas Venting Layer, 16,1002yd.
3
$ 126,300 6/01/89 6/15/89 Place Filter Fabric, 48,402 yd.
$ 217,800 6/15/89 7/30/89 Place Clay Cap, 24,200 yd.
$ 1,000 6/15/89 7/30/89 Perform 10 Particle Size Analyses
$ 5,000 6/15/89 7/30/89 Perform 25 Atterberg Limits Analyses
$ 4,000 6/15/89 7/30/89 Perform 8 Lab Permeability Tests
$ 2,500 6/15/89 7/30/89 Perform 25 Moisture Content Tests
$ 3,000 6/15/89 7/30/89 Develop 6 Moisture-Density-
Permeability Relations
$ 6,700 6/15/89 7/30/89 Perform 270 Density Tests
$ 6,700 6/15/89 7/30/89 Perform 270 Moisture Content Tests
$ 6,000 6/15/89 7/30/89 Perform 30 Shelby Tube Sample
Permeability Tests
$ 64,600 8/01/89 8/15/89 Place Barrier Protection Layer,
32,300 yd.
$ 66,000 8/01/89 8/10/89 Place Topsoil , 8,100 yd.3
$ 10,600 8/10/89 8/15/89 Seed Capped Landfill , 48,400 yd.
2
$ 1,500 8/20/89 8/22/89 Fertilize Capped Landfill , 48,400
yd.
$ 24,000 8/10/89 9/10/89 Construct Drainage DitShes,12,000 ft.
$ 4,500 9/01/89 9/20/89 Place Rip Rap, 150 yd.
$ 45,000 3/30/89 9/20/89 Engineering Services
$ 947,800 TOTAL
(9/90) Page 2E of 2E
f
APPENDIX A
STANDARD CLAUSES FOR ALL NEW
YORK STATE CONTRACTS
The parties to the attached contract, license, lease, amendment or
other agreement of Any kind (hereinafter, "the contract" or "this
contract") agree to be b^?Snd by tho fn1 jowing clauses which are hereby
made a part of the contract (the word "Contractor" herein references to
any party other than the State, whether a contractor, licensor,
licensee, lessor, lessee or any other party) :
1. EXECUTORY CLAUSE. In accordance with Section 41 of the State
Finance Law, the State shall have no liability under this contract to the
Contractor or to anyone else beyond funds appropriate and available for
this contract.
2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the
State Finance Law, this contract may not be assigned by the Contractor o:
its right, title or interest therein assigned, transferred, conveyed,
sublet or otherwise disposed of without the previous consent, in
writing, of the State and any attempts to assign the contract without
the State's written consent are null and void. The Contractor may,
however, assign its right to receive payment without the State's prior
written consent unless this contract concerns Certificates of
Participation pursuant to Article 5-A of the State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the
State Finance Law (or, if this contract is with the State University or
City University of New York, Section 355 of Section 6218 of the
Education Law) , if this contract exceeds $5,000 ($20,000 for certain
S.U.N.Y. and C.U.N.Y. contracts) , or if this is an amendment for any
amount to a contract which, as so amended, exceeds said statutory
amount, or if, by this contract, the State agrees to give something
other than money, it shall not be valid, effective or binding upon the
State until it has been approved by the State Comptroller and filed in
his office.
4. WORKERS' COMPENSATION BENEFITS. In accordance with Section
142 of the State Finance Law, this contract shall be void and of no
force and effect unless the Contractor shall provide and maintain
coverage during the life of this contract for the benefit of. such
employees as are required to be covered by the provisions of the
Workers' Compensation Law.
5. NQN-DISCRIMINATION REQUIREMENTS. In accordance with Article
15 of the Executive Law (also known as the Human Rights Law) and all
other State and Federal statutory and constitutional non-discrimination
provisions, the Contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, sex, national
origin, age disability or marital status. Furthermore, in accordance
with Section 220-e of the Labor Law, if this is a contract for the
construction, alteration or repair of any public building or public work
or for the manufacture, sale or distribution of materials, equipment or
supplies, an to the extent that this contract shall be performed within
the State of New York, Contractor agrees that neither it nor its
August 1989
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subcontractors shall, by reason of race, creed, color, disability, sex
or national origin: (a) discriminate in hiring against or intimidate
any employee hired for the performance of work under this contract. If
this is a building service contract as defined in Section 230 of the
Labor Law, then, in accordance with Section 239 thereof, Cncntractor
agrees that neither it nor its subcontractors shall, by reason of race,
creed, color, national origin, age, sex or disability: (a) discriminate
in hiring against any New York State citizen who is qualified and
available to perform the work; or (b) discriminate against or intimidate
any employee hired for the performance of work under this contract.
Contractor is subject to fines of $50.00 per person per day for any
violation of Section 220-e or Section 239 as well as possible
termination of this contract and forfeiture of all moneys due hereunder
for a second or subsequent violation.
6. WAGE AND HOURS PROVISIONS. If this is a public work contract
covered by Article 8 of the Labor Law or a building service contract
covered by Article 9 thereof, subcontractors may be required or
permitted to work more than the number of hours or days stated in said
statutes, except as otherwise provided in the Labor Law and as set forth
in prevailing wage and supplement schedules issued by the State Labor
Department. Furthermore, Contractor and its subcontractors must pay at
least the prevailing wage rate and pay or provide the prevailing
supplements, including the premium rates for overtime pay, as determined
by the State Labor Department in accordance with the Labor Law.
7. NON-COLLUSIVE BIDDING REQUIREMENT. In accordance with Sectior
139-d of the State Finance Law, if this contract was awarded based upon
the submission of bids, Contractor warrants, under penalty of perjury,
that its bid was arrived at independently and without collusion aimed at
restricting competition. Contractor further warrants that, at the time
Contractor submitted its bid, an authorized and responsible person
executed and delivered to the State a non-collusive bidding
certification on Contractor's behalf.
S. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section
220-f of the Labor Law and Section 139-h of the State Finance Law, if
this contract exceeds $5, 000, the Contractor agrees, as a material
condition of the contract, that neither the Contractor nor any
substantially owned or affiliated person, is participating, or shall
participate in an international boycott in violation of the federal
Export Administration Act of 1979 (50 USC App. Section 2401 et seq. ) or
regulations thereunder. If such Contractor, or any of the aforesaid
affiliates of Contractor, is convicted or is otherwise found to have
violated said laws or regulations upon the final determination of the
United States Commerce Department or any other appropriate agency of the
United States subsequent to the contract's execution, such contract,
amendment or modification thereto shall be rendered forfeit and void.
The Contractor shall so notify the State Comptroller within five (5)
business days of such conviction, determination or disposition of appeal
(2 NYCRR 105. 4)
August 1989
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9. SET-OFF RIGHTS. The State shall have all of its common law,
equitable and statutory rights of set-off. These rights shall include,
but not be limited to, the State' s option to withhold for the purposes
of set-off any moneys due to the Contractor under this contract up to
any amounts due and owing tot he State with regard to this contract, any
other contract with any State department or agency, including any
contract for a term commencing prior to the term of this contract, plus
any amounts due and owing to the State for any other reason including,
without limitation, tax delinquencies, fee delinquencies or monetary
penalties relative thereto. The State shall exercise its set-off rights
in accordance with normal State practices including, in cases of set-off
pursuant to an audit, the finalization of such audit by the State
agency, its representatives, or the State Comptroller.
10. RECORDS. The Contractor shall establish and maintain complete
and accurate books, records, documents, accounts and other evidence
directly pertinent to performance under this contract (hereinafter,
collectively, "the Records") . The Records must be kept for the balance
of the calendar year in which they were made and for six (6) additional
years thereafter. The State Comptroller, the Attorney General and any
other person or entity authorized to conduct an examination, as well as
the agency or agencies involved in this contract, shall have access to
the Records during normal business hours at an office of the Contractor
within the State of New York or, if no such office is available, at a
mutually agreeable and reasonable venue within the State, for the term
specified above for the purposes of inspection, auditing and copying.
The State shall take reasonable steps to protect from public disclosure
any of the Records which are exempt from disclosure under Section 87 of
the Public Officers Law (the "Statute") provided that: (i) the
Contractor shall timely inform an appropriate State official, in
writing, that said records should not be disclosed; and (ii) said
records shall be sufficiently identified; and (iii) designation of said
records as exempt under the Statute is reasonable. Nothing contained
herein shall diminish, or in any way adversely affect, the State' s right
to discovery in any pending or future litigation.
11• IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION:
(a) FEQERAL EMPLOYER IDENTIFICATION NUMBER
and/or FEDERAL SOCIAL SECURITY NUMBER.
All invoices or New York State standard vouchers submitted for pay-
ment for the sale of ' goods or services or the lease of real or personal
property to a New York State agency must include the payee' s
identification number, i.e. , the seller's or lessor's identification
number. The number is either the payee's Federal employee
identification number or Federal social security number, or both such
numbers when the payee has both such numbers. Failure to include this
number or numbers may delay payment. Where the payee does not have such
number or numbers, the payee, on his invoice or New York State standard
voucher, must give the reason, or reasons why the payee does not have
such number or numbers.
August 1989
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(b) PRIVACY NOTIFICATION.
(1) The authority to request the above personal informa-
tion from a seller of goods or services or a lessor of real or personal
property, and the aut.ho_:tl t c ma i nt 4*^ z" in '
. __ ,. +.._y_.. ..cr. a�rnatioa, is found i..
Section 5 of the State Tax Law. Disclosure of this information by the
seller or lessor to the state is mandatory. The principal purpose for
which the information is collected is to enable the State to identify
individuals, businesses and other who have been delinquent in filing tax
returns or may have understated their tax liabilities and to generally
identify persons affected by the taxes administered by the Commissioner
of Taxation and Finance. The information will be used for tax
administration purposes and for any other purpose authorized by law.
(2) The personal information is requested by the pur-
chasing unit of the agency contracting to purchase the goods or services
or lease the real or personal property covered by this contract or
lease. The information is maintained in New York State's Central
Accounting System by the Director of State Accounts, Office of the State
Comptroller, AESOB, Albany, New York 12236.
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In
accordance with Section 312 of the Executive Law, if this contract is
(i) a written agreement or purchase order instrument, providing for a
total expenditure in excess of $25, 000.00, whereby a contracting agency
is committed to expend or does expend funds in return for labor,
services, supplies, equipment, materials or any combination of the
foregoing, to be performed for, or rendered or furnished to the
contracting agency; or (ii) a written agreement in excess of $100, 000.00
whereby a contracting agency is committed to expend or does expend funds
for the acquisition, construction, demolition, replacement, major repair
or renovation of real property and improvements thereon; or (iii) a
written agreement in excess of $100, 000.00 whereby the owner of a State
assisted housing project is committed to expend or does expend funds for
the acquisition, construction, demolition, replacement, major repair or
renovation of real property and improvements thereon for such project,
then:
(a) The contractor will not discriminate
against employees or applicants for
employment because of race, creed, color,
national origin, sex, age, disability or
marital status, and will undertake or
continue existing programs of affirmative
action to ensure that minority group members
and ::omen are afforded equal employment
opportunities without discrimination.
Affirmative action shall mean recruitment,
employment, job assignment promotion,
upgradings, demotion, transfer, layoff, or
termination and rates of pay or other forms
of compensation;
August 1989
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(b) at the request of the contracting agency,
the Contractor shall request each employment
agency, labor union, or authorized
representative of workers with which it has a
collective bargaining or other agreement or
understanding, to furnish a written statement
that such employment agency, labor union or
representative will not discriminate on the
basis of race, creed, color, national origin,
sex, age, disability or marital status and
that such union or representative will
affirmatively cooperate in the implementa-
tion of the contractor's obligations
herein; and
(c) the Contractor shall state, in all
solicitations or advertisements for
employees, that, in the performance of the
State contract, all qualified applicants
will be afforded equal employment
opportunities without discrimination
because of race, creed, color, national
origin, sex, age, disability or marital
status.
Contractor will include the provisions of "a", "b" and "c", above,
in every subcontract over $25, 000.00 for the construction, demolition,
replacement, major repair, renovation, planning or design of real
property and improvements thereon (the "Work") except where the Work is
for the beneficial use of the Contractor, Section 312 does not apply
to: (i) work, goods or services unrelated to this contract; or (ii)
employment outside New York State; or (iii) banking services, insurance
policies or the sale of securities. The State shall consider compliance
by a contractor or subcontractor with the requirements of any federal
law concerning equal employment opportunity which effectuates the
purpose of his section. The contracting agency shall determine whether
the imposition of the requirements of the provisions hereof duplicate or
conflict with any such federal law and if such duplication or conflict
exists, the contracting agency shall waive the applicability of Secticn
312 to the extent of such duplication or conflict. Contractor will
comply with all duly promulgated and lawful rules and regulations of the
Governor's Office of Minority and Women's Business Development
pertaining hereto.
13. CONFLICTING TERMS. IN the event of a conflict between the
terms of the contract (including any and all attachments thereto "dnd
amendments thereof) and the terms of this Appendix A, the terms of this
Appendix A shall control.
14. GOVERNING LAW. This contract shall be governed by the laws of
the State of New York except where the Federals supremacy clause
requires otherwise.
August 1989
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6.
15. LATE PAYMENT. Timeliness of payment and any interest to be
paid to Contractor for late payment shall be governed by Article XI-A of
the State Finance Law to the extent required by law.
16. NO ARBITRATION. Disputes involving this contract, _ncluding
the breach or alleged breach thereof, may not be submitted `.-o binding
arbitration (except where statutory authorized) but must, '.nstead, be
heard in a court of competent jurisdiction of the State of New York.
17. SERVICE OF PROCESS. In addition to the methods of service
allowed by the State Civil Practice Law & Rules ("CPLR") , Contractor
hereby consents to service of process upon it by registered or certified
mail, return receipt requested. Service hereunder shall be complete
Contractor's actual receipt of process or upon the State's receipt of
the return thereof by the United States Postal Service as refused or
undeliverable. Contractor must promptly notify the State, in writing,
of each and every change of address to which service of process can be
made. Service by the State tot he last known address shall be
sufficient. Contractor will have thirty (30) calendar days after
service hereunder is complete in which to respond.
August 1989
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APPENDIX B
Standard Clauses for All New York State Department
of Environmental Conservation Contracts
The parties to the attached contract, license, lease,
amendment or other agreement of any kind (hereinafter "the
contract" or "this contract") agree to be bound by the
following clauses which are hereby made a part of the
contract. The word "Contractor" herein refers to any party
to the contract, other than the New York State Department of
Environmental Conservation (hereinafter "Department") .
I. The Department shall have the right to postpone,
suspend, abandon or terminate this contract, and such
actions shall in no event be deemed a breach of contract.
In the event of any termination, postponement, delay,
suspension or abandonment, the Contractor shall deliver to
the Department all data, reports, plans, or other
documentation related to the performance of this contract,
including but not limited to guarantees, warranties,
as-built plans and shop drawings. In any of these events,
the Department shall make settlement with the Contractor
upon an equitable basis as determined by the Department
which shall fix the value of the work which was performed by
the Contractor prior to the postponement, suspension,
abandonment or termination of this contract. This clause
shall not apply to this contract if the contract contains
other provisions applicable to postponement, suspension or
termination of the contract.
II. The Contractor agrees that it will indemnify and save
harmless the Department and the State of New York from and
against all losses from claims, demands, payments, suits,
actions, recoveries and judgments of every nature and
description brought or recovered against it by reason of any
omission or act of the Contractor, its agents, employees, or
subcontractors in the performance of this contract.
III. (a) The Contractor warrants that to the best of the
Contractor' s knowledge and belief, there are no relevant
facts or circumstances which could give rise to an
organizational conflict of interest, as herein defined, or
that the Contractor has disclosed all such relevant
information to the Department.
(b) An crganizational conflict of interest exists when
the nature of the work to be performed under this contract
may, without some restriction on future activities, either
result in an unfair competitive advantage to the Contractor
or impair the Contractor's objectivity in performing the
work for the Department.
01/19/90 Page 1 of 4
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(c) The Contractor agrees that if an actual or
potential organizational conflict of interest is discovered
after award, the Contractor will make a full disclosure in
writing to the Department. This disclosure shall include a
description of actions which the Contractor has taken or
proposes to take, after consultation with the Department, to
avoid, mitigate, or minimize the actual or potential
conflict.
.(d) Remedies - The Department may terminate this
contract in whole or in part, if it deems such termination
necessary to avoid an organizational conflict of interest.
If the Contractor was aware of a potential organizational
conflict of interest prior to award, or discovered an actual
or potential conflict after award and did not disclose or
misrepresented relevant information to the Department, the
Department may terminate the contract, or pursue such other
remedies as may be permitted by the terms of Clause I of
this Appendix or other applicable provisions of this
contract regarding termination.
(e) The Contractor further agrees to insert in any
subcontract hereunder, provisions which shall conform to the
language of this clause.
IV. All requests for payment by the Contractor must be
submitted on forms supplied and approved by the Department.
Each payment request must contain such items of information
and supporting documentation as are required by the
Department, and shall be all-inclusive for the period of
time covered by the payment request.
V. To the extent that federal funds are provided to the
Contractor or used in paying the contractor under this
contract, the Contractor agrees that it will comply with all
applicable federal laws and regulations, including but not
limited to those laws and regulations under which the
Federal funds were authorized. .
The Contractor further agrees to insert in any
subcontract hereunder, provisions which shall conform
substantially to the language of this clause, including this
paragraph.
VI. The Contractor shall have the status of an independent
contractor. Accordingly, the contractor agrees that it will
conduct itself in a manner consistent with such status, and
that it will neither hold itself out as, nor claim to be, an
officer or employee of the Department by reason of this
contract. It further agrees that it will not make against
the Department any claim, demand' or application to or for
any right or privilege applicable to an officer or employee
of the Department, including but not limited to worker's
compensation coverage, unemployment insurance benefits,
social security coverage, or retirement membership or
credit.
01/19/90 Page 2 of 4
VII. The terms contained in this clause shall have the
definitions given in, and shall be construed according to
Article 15-A of the Executive Law, 9 NYCRR Part 540, et
seq'. , Article 52 of the Environmental Conservation Law and
• 6 NYCRR Part 615, et seq. , as applicable, and any goals
established by this clause are subject to the requirements
of such laws and regulations.
(a) If the maximum contract price herein equals or
exceeds $25,000, and this contract is for labor, services,
supplies, equipment, or materials; or
If the maximum contract price herein equals or
exceeds $100, 000 and this contract is for the acquisition,
construction, demolition, replacement, major repair or
renovation of real property and improvements thereon;
the affirmative action provisions and equal employment
opportunity provisions contained in this paragraph and
paragraphs b-f of this clause shall be applicable within the
limitations established by Executive Law §§312 and 313 .
(1) The Contractor agrees to make good faith efforts
to subcontract at least percent of the dollar
value of this contract to Minority Owned Business
Enterprises (MBEs) and at least percent of
such value to Women Owned Business Enterprises (WBEs) .
(2) The Contractor agrees to make good faith efforts
to employ or contractually require any subcontractor
with whom it contracts to make good faith efforts to
employ minority group members for at least
percent of, and women for at least percent
. of, the workforce hours required to perform the work
under this contract.
(b) The Contractor agrees to be bound by the
provisions of Executive Law Section 316.
The Contractor shall make good faith efforts to
solicit meaningful participation by enterprises identified
in the Directory of Certified Businesses provided by the
Governor's office of Minority and Women's Business
Development.
(c) The Contractor agrees to include the requirements
set forth in paragraph (b) above and paragraphs (a) , (b) ,
and (c) of clause 12 of Appendix A in every subcontract in
such a manner that the provisions will be binding upon each
subcontractor as to work in connection with such contract.
For the purpose of this paragraph, a "subcontract" shall
mean an agreement providing for a total expenditure in
excess of $25, 000 for the construction , demolition,
replacement, major repair, renovation, planning or design of
real property and improvements thereon in which a portion of
the Contractor's obligation under a State contract is
undertaken or assumed.
(d) The Contractor shall make good faith efforts to
utilize the MBE/WBEs identified in the utilization plan to
the extent indicated in such plan, and otherwise to
01/19/90 Page 3 of 4
implement it according to its terms. The Contractor shall
report on such implementation periodically as required by
the contract, or annually, whichever is more frequent. The
Contractor also agrees to incorporate into any contr-rpt with
subcontractors, contractual provisions applicable t-;
recordkeeping, reporting, notice requirements and actions
determined to be necessary by the Department to implement
the requirements of the utilization plan, and of Executive
Law Article 15-A, regulations promulgated thereunder, and
other applicable law and regulations.
(e) Failure to make good faith efforts to comply with
an approved utilization plan or to comply with Article 15-A
of the Executive Law, or Article 52 of the Environmental
Conservation Law, as applicable, or regulations promulgated
under such statutes, shall be grounds for imposition' of
sanctions. Such sanctions shall include those available
under 6 NYCRR Part 615, if applicable, and under other
applicable laws and regulations, including but not limited
to the reduction of the contract price, postponement,
suspension, and/or termination of the contract.
(f) The Contractor hereby agrees to comply with all
applicable provisions of Executive Law Article 15-A and the
regulations promulgated thereunder. Executive Law sections
312, 313 and 316 are hereby incorporated by reference. The
Contractor agrees that the prevailing party in any disputes
resolved pursuant to §316 of Executive Law shall not be
liable for any costs of the proceeding.
(g) No request for payment on a contract to which this
clause applies, shall be deemed complete until the
Contractor submits adequate records enhancing its good faith
efforts to comply with an approved utilization plan. This
requirement is in addition to any and/or all additional
documentation required to be submitted with a payment
request.
VIII. In the event of a conflict between the terms of this
Appendix B and the terms of the Contract (including any and
all attachments thereto and amendments thereof, but not
including Appendix A) , the terms of this Appendix B shall
control. In the event of a conflict between the terms of
this Appendix B and Appendix A, the terms of Appendix A
shall control .
01/19/90 Page 4 of 4
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9 effective September 1, 1990)
PHASED CLOSURE EXAMPLES
Allowable Not Allowable
A lined waste mass which is not A lined cell which Is
contiguous to any other waste mass contiguous to another cell,
An unlined waste mass which Is not Part of a waste mass.
contiguous to any other waste mass.
(O/00)
-7
New Yotk StateZardotterials;
paof Environmental Conservation
Division of Solid&
Bureau of Program Management AM
50 Wolf Road, Albany, New York 12233-7250
518-457-7146 Fax 518-457-7148 Imbue
John P. Cahill
Commissioner
April 1„ 1998
Ms..Jean W, Cochran
Supervisor
Town of Southold
53095 Main Road
Southold, N.Y. 11971
Dear Ms. Cochran:
Re: State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, effective September 1, 1990)
Southold Landfill( Phase 2) - Suffolk County
This acknowledges our receipt on March 27, 1998 of your Landfill Closure State
Assistance Program (LCSAP) application for the referenced facility.This application
will be processed as outlined in 6 NYCRR Part 360, Subpart 360-9.5. The Department
will provide State assistance in the order that approvable applications were received.
We will shortly complete our administrative completeness review of your
application. We will then advise you if your application is either administratively
complete, or if administratively incomplete, what additional information is needed.
After your application is deemed administratively complete, your project will be placed
on the projects list pending funding in the order of your application received date.
When your project is provided funding, a detailed technical completeness review
of your application will then be made. After your application is deemed technically
complete and eligible for State assistance we will send you the State assistance contract
for this facility.
APR - 7 1998
SUPERVISORS OFFICE
TOWN F SOUTHOLD
If you have any questions concerning the status of your application or the state
assistance approval process, please contact me at (518) 457-9263.
Sincerely,
Jeri Degener
Project Manager
Resource Management Section
Bureau of Program Management
Division of Solid & Hazardous Materials
New York State Enviraental Facilities Corporatioe (�
h (800) 882-9721 Within NY State (518) 457-4100 e
FAX: (518) 485-8773
C
TERRY AGRISS
Presidentj-
April 8, 1996
Dear Municipal Official or Project Manager:
The Environmental Facilities Corporation (EFC) is beginning work to
confirm the list of projects that will receive loans through the State
Revolving Fund (SRF) for water pollution control in the next funding
year. This list will be published in a document called the Intended Use
Plan (IUP) . The next IUP will cover financings during the period from
October 1, 1996 through September 30, 1997. It also will include a
planning list of projects to be financed in the next five years.
Your community has one or' more projects targeted to receive
assistance during the next year. The purpose of this letter is to ask
for your assistance in checking that this information is correct so that
EFC may provide a loan when you need it. Please discuss this
information with the person or persons in your community that are
responsible for environmental project planning.
Applications for the• next bond pool for long term financing must be
received no later than November 1, 1996. Loan closing for that pool is
anticipated by mid April 1997 . A second pool may not be held during
this IUP period.
Please review the enclosed sheets for each of your project(s)
included in our database. Please check the appropriate box or boxes,
make any needed corrections to the information, add dates to the project
schedule, sign each form and return in the self addressed stamped
envelope. You may also fax this information to EFC at 518-485-8494. We
need your response no later than Tuesday, April 30, 1996. If we do not
hear from you, your projects will not be included in the IUP.
We look forward to working with you to provide low cost SRF
financing for your water pollution control projects. Do not hesitate to
contact EFC if you have any questions about how to respond to this
request or if you have additional projects you would like included in
the IUP, please call my staff at 518-457-3833 or toll-free at 1-800-882-
9721 within NYS.
Sinc ely,
Robert E. Davis, P. E.
Director
^' Division of Engineering &
Program Management
Enclosures
50 Wolf Road, Albany, New York 12205-2603
0 printed on recycled paper
INS IONS - SRF PROJECT SCHEDULE & ST ESTIMATE
This form is used to gather preliminary schedule and cost information about
your project. It will help us to determine a target date for providing your SRF
loan. EFC staff will call you to verify this information and to draft a more
detailed schedule for completion of all activities needed for a complete loan
application. If this is the first time you are submitting a project for SRF
financing, you should confer with your engineer or financial advisor regarding
the schedule and cost estimate. If you have cuestions as You fill out the form,
Please call EFC at 1-800-882-9721 for assistance.
COST ESTINATEs The accuracy of project costs will vary depending on the
stage of project development. Please use the best estimate available when the
form is completed, and include estimates for all expenses so that sufficient
monies are included in the IUP.
PROJECT SCHEDULE: The following guidelines will assist you in filling out
the schedule part of this form. The item numbers refer to the activities on the
form.
1) If your project involves formation of a town or county sewer district,
approval from the- Office of the State Comptroller (OSC) is required. The OSC
district formation regulations are available from EFC upon request. Please,
contact OSC at 518-474-5586 if you have questions about the OSC regulations and
to discuss the anticipated review time for your project, which typically has been
6-8 months.
2) EFC staff review and approve engineering reports for SRF eligible
wastewater facilities. Please allow 2 months for EFC's technical review and
approval. Technical reports, known as Closure Investigation Reports, for non-
hazardous Municipal Solid Waste landfill closure projects are approved by the
Division of Solid Waste and Hazardous Materials in the DEC Regional offices.
Technical reports, known as Remediation Investigation/Feasibility Studies, for
inactive hazardous waste sites are approved by the Division of Hazardous Waste
Remediation in DEC's Albany office. Please contact the DEC staff for those
programs for anticipated approval times. Review times for other nonpoint source
projects should be discussed with EFC.
3) The State Environmental Review Process (SERP) , which will also satisfy the
municipality's responsibilities under SEQR, is explained in a guidance document
which is available from the Diblsion of Regulatory Affairs in the local DEC
office or from EFC upon request. Because environmental review activities vary
depending on the type of action undertaken, please refer to the SERP guidance for
applicable time frames. You should contact the DEC Regional Permit Administrator
for assistance.
4&7) Please contact EFC for applicable loan application deadlines and
anticipated loan closing dates.
5) Permits required vary for each project. You should contact the Division
of Regulatory Affairs staff in the local DEC regional office and other
responsible permitting agencies for anticipated review and issuance times.
6) EFC staff review and approve plans and specifications for SRF eligible
wastewater facilities. Please allow 2 months for EFC's review and approval. For
other projects noted in item 2 above, please contact the appropriate DEC office
for estimated approval times.
8&9) Although the construction schedule may be very tentative when you complete
this schedule, it is important to set target dates as it indicates when short
term and long term financing is needed.
97IUP\IUPLST.INP 4/8/96
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Building 40 - SUNY, Stony Brook, NY 11790-2356
Telephone: (516) 445-0375
Fax: (516) 444-6373 G
Michael D. Zagata
Commissioner
August. 18, 1995
James Bunchuck
Landfill Supervisor
Town of Southold
Main Road
Southold, NY 11971
Dear Mr. Bunchuck:
The New York State Environmental Facilities Corporation
(EFC) has required that the Department of Environmental
Conservation (DEC) provide certification for projects for which
applications have been submitted for financing through the State
Revolving Fund (SRF) .
The EFC has indicated that SRF review can only be initiated
after project submissions are thoroughly reviewed and found
acceptable by the DEC. The EFC has strongly indicated that DEC
certifications can only be given to projects that will comply
fully with 6 NYCRR Part 360 requirements. In instances where no
submissions have been made or where submissions are determined,
through DEC review, to be obsolete due to changed site
conditions, certifications cannot be given.
Solid waste landfill closure projects are required to
conform to closure site investigation requirements, landfill gas
control and perimeter gas control system requirements, and
leachate collection system requirements. Submissions for
landfill closure projects include, but are not limited to,
closure investigation reports, conceptual closure plans, final
closure plans, and any other Part 360 requirements.
The submissions that are required for solid waste landfill
reclamation projects include, but are not limited to, feasibility
study work plans, feasibility field investigations and reports,
landfill reclamation work plans, appropriate contingency plans,
and any other Part 360 requirements.
The Regional Solid Waste staff are available to provide
assistance in determining what is needed for a project to receive
certification and stand ready to assist the Towns in meeting
these new requirements. If you have any questions regarding this
matter, please contact Anthony Candela, P.E. , of my staff, at
(516) 444-0375.
Sincerely,
Ant ony J. Cava, P.E.
Regional Solid Waste Engineer
AJC:SS:ek
cc: A. Candela
9Y:Ye?rv 7"q1 1 85 8:53fti^ 51ti9045-• 7347976:4 1
=:G p 06 '95 04:1;5� -HOL.D T0144 HAIL, 516 765% 1923 r•�
is
N.RW YORK l3TATE DI&AItITAM OF ENVIRONMENTAL CONSERVATION
Building 40 - SMY, Stony Brook, NY 11790-2356
t
Telephone= (516) 445-0375
fax: (616) 444-0373
S ' 51995 1010 i b.
beunmisslon�► ;;
3:
August 18, 1995
Post-it"F&x Note 7671 cern q �, ► ��-�
To ,Muf1KCr f=rom
Co./Dent o.
The honorable Thomas Wickham phone
supervisor
Phone
Town of Southold Fexa 3(i - 70
Main Road -
Southold, NY 11971
R
Dear Honorable Thomas Wickham:
' The Naw York State Environmental Facilities Corporat ort
(EFC) has required that the Department of Environmental
Cortdervaition (DEC) provide certification for projects f_,,,
'
jppliostions have been submitted for financing through '� Aih a4teVi
itevolving Fund (SRF) .
The EFC has indicated that SRS' review can only be fni3at� ;
a f t+!.-:• project submissions are thoroughly reviewed and .found
acceptable by the DISC. The EFC has strongly indicated that bzc d ;k"
certifications dein only be given to projects that will comp.` ,11
fully ,With 6 NYCRR Part 360 requirements. In instance* where ren
submissions have been made or where submissions bre detarminiol:
through DEC review, to be obsolete due to changed site
oehditions, certifications cannot be given.
Solid waste lanufill closure projects are required to
conform to closure site investigation requirements, landfill gas
oohtrol and perimeter gun control system rdgdirem*nts, and
leachate collection requirements, Submissions for
landfill w?.41,ire prof _ . `. •: include, brit are riot limited to '
closure in..,, `' ,;7�_tion r-. i::.�rts f conceptual closure planar, tinal
closure any other 'part 360 requirements.
The ,�r.;, r�- that are required for solid watti landfill
reclamation include, but are not limited to, feasibility
study work plans , f�?n:eibility field investigations and reports,
iandfill. r*Oamat{or :.-)rk plans, appropriate contingency planO,
and any other Part 36C r. c-a•.:irements-
:Xerox Te!�?copiei• 70 9-' - :59AM 516 9045.. 934797R .tt ?
' ^EP 06 19F 04:46F HOLT L 516 765 1823 P.3
The Regiphai solid waste staff are available to provide
j" assit:tanoe in determining what is needed for a project to receive
certifi*ation and stand ready to assist the Towns it meeting
thoke now requitements, If you have any questions regarding this
matter, ple&oo contact Anthony Candela, P.E. , of my staff, at
(516) 444-0375,
Sincerely,
Anthony J. Cava, P.B.
Regional Solid Waste Ingineer2
AJC$S9:ek
cc: A. Candela
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�gUFF04edG 0 is
�O y
TOWN OF SOUTHOLD
oy
MEMORANDUM
To: Norman Nosenchuck, Director
Division of Solid Waste
NYSDEC, 50 Wolf Road, Albany, NY 12233-4010
From: Thomas Wickham, Supervisor, Town of Southold
Date: August 15, 1995
t•
Subject: Landfill Closure Assistance Application
I hereby submit the following statements in support of The Town of
Southold's application for State Assistance For Non-Hazardous Municipal
Landfill Closure Projects Under Title 5 of Article 54 of the Environmental
Conservation Law, as required.
1) SITE CLASSIFICATION
The Southold Town Landfill was delisted from the State Registry of
inactive hazardous waste sites and was removed from the list of
potential (Class 2a) hazardous waste sites by the DEC in October 1993.
These actions were taken as a result of findings of the July 1991 Part
360 and Phase II Hydrogeologic Investigation, and subsequent sampling
events.
2) SITE USE AFTER CLOSURE
Once closed pursuant to Part 360 regulations, the closure project area
will not be considered for the location of any future landfilling
activity. Nor is the Town considering using the area for any other
purpose, with the exception of the asphalted portion will be used for
the proposed yard waste composting program, pending DEC approval.
After closure, any uses of the area or portions thereof would be
undertaken only in accordance with DEC regulations.
3) POST-CLOSURE OPERATION AND MAINTENANCE
The Town will fund and implement post-closure monitoring and
maintenance of the landfill closure site in accordance with Subdivision
Memorandum to Norman Nosenchuck, Director
Page Two
August 15, 1995
360-2.15(i) of the regulations, and in consideration of variances
available in the Town's stipulated agreement with the DEC.
SIGNED, AS AUTHORIZED BY TOWN
BOARD RESOLUTION OF JULY 25, 6 1995:
7�
,Y, 1
oma is m
Supervisor, Town of
Southold
CERTIFICATION: The undersigned does hereby certify that the
information contained contained in this application and in the
attached certified copies of resolution(s) , other statements, and
exhibits' is true, correct, and complete to the best of his or her
knowledge and belief, and further that any and all statements, data,
and supporting documents which have heretofore been furnished for the
purpose of receiving New York State Assistance for the landfill
closure funding described herein are attached hereto in full .
Signature of individual authorized to Da e
sign application
Name Thomas Wickham
(typed or neatly printed in black ink)
Title Supervisor, Town of Southold
(typed or neatly printed in black ink)
Submit the original and one copy of the completed application package
to:
Director
Division of Solid Waste
NYSDEC
50 Wolf Road
Albany, NY 12233-4010
ATTN: landfill Closure Assistance Program
Also, submit one copy of the completed application package to the
NYSDEC Regional Solid Waste Engineer at the appropriate regional
headquarters (as shown on the map of DEC regions included in the
Application Kit) .
(9/90) Page 3A of 3A
CERTIFICATION: The undersigned does hereby certify that the
information contained contained in this application and in the
attached certified copies of resolution(s), other statements, and
exhibits' is true, correct, and complete to the best of his or her
knowledge and belief, and further that any and all statements, data,
and supporting documents which have heretofore been furnished for the
purpose of receiving New York State Assistance for the landfill
closure funding described herein are attached hereto in full .
Signature of individual authorized to Date
sign application
Name Thomas Wickham
(typed or neatly printed in black ink)
Title Supervisor, Town of Southold
(typed or neatly printed in black ink)
Submit the original and one copy of the completed application package
to:
Director
Division of Solid Waste
NYSDEC
50 Wolf Road
Albany, NY 12233-4010
ATTN: Landfill Closure Assistance Program
Also, submit one copy of the completed application package to the
NYSDEC Regional Solid Waste Engineer at the appropriate regional
headquarters (as shown on the map of DEC regions included in the
Application Kit) .
(9/90) Page 3A of 3A
CERTIFICATION: The undersigned does hereby certify that the
information contained contained in this application and in the
attached certified copies of resolution(s) , other statements, and
exhibits' is true, correct, and complete to the best of his or her
knowledge and belief, and further that any and all statements, data,
and supporting documents which have heretofore been furnished for the
purpose of receiving New York State Assistance for the landfill
closure funding described herein are attached hereto in full .
Signature of individual authorized to D to
sign application
Name Thomas Wickham
(typed or neatly printed in black ink)
Title Supervisor, Town of Southold
(typed or neatly printed in black ink)
Submit the original and one copy of the completed application package
to:
Director
Division of Solid Waste
NYSDEC
50 Wolf Road
Albany, NY 12233-4010
ATTN: Landfill Closure Assistance Program
Also, submit one copy of the completed application package to the
NYSDEC Regional Solid Waste Engineer at the appropriate regional
headquarters (as shown on the map of DEC regions included in the
Application Kit).
(9/90) Page 3A of 3A
* * * D R A F T: 8-8-95
DESCRIPTION OF CUTCHOGUE LANDFILL CAPPING PRDJEGT
For Inclusion in Affirmative Action Workplan
The Town of Southold has begun work on the final closure and capping of the
Town Landfill in Cutchogue, New York, in accordance with the stipulated
settlement between the Town and the DEC of October 5, 1994.
The landfill property encompasses approximately 60 acres, about 45 of which
contain material landfilled from around 1920 through October 8, 1993, when all
landfill activity ceased. All manner of mixed municipal solid waste is buried
at the site, including household trash, small business commercial wastes,
septic waste (sludge) , construction and demolition debris, and yard waste.
There is no industrial waste buried at the site. In addition, burial of
Household Hazardous Wastes virtually ceased in 1986, when Southold became the
first municipality in New York State to establish a permanent HHW facility.
Since the landfill opened prior to the establishment of Part 360 Regulations
it was constructed without a liner. Also, portions of the currently required
100 foot buffer zone between the landfill and its property boundaries have
been used for landfilling solid waste in the past, prior to the current
requirements. The Town has requested variances from these requirements and
plans to request additional variances from specific closure requirements, as
described in the stipulated agreement. The Town expects to propose a cap
consisting of an asphalt pad over roughly 11 acres of the site that is at a
relatively flat grade consistent with surrounding properties, and which
contains the oldest waste mass in the landfill, and a 19 acre vegetative and
soil cover over the remaining landfilled area, much of which is 20 - 30 feet
above surrounding grade.
The contractor(s) shall provide services in support of a series of
engineering, analytical, and construction work phases required to meet Part
360 Closure Requirements, subject to approved variances yet to be applied for
and received by the Town. These phases of work begin with preparation of the
Closure Investigation Workplan (already completed and submitted to DEC;
awaiting comments) through the final Construction Certification Report (see
Closure Project Workplan, attached) .
The Closure Investigation Work Plan provides a detailed description of the
investigation field activities, including the sampling and analytical quality
assurance/quality control program to be undertaken in the Closure
Investigation. The Closure Investigation Report will present findings of the
field work and lay the basis for the Closure Plan. The Closure Plan will
involve the engineering work necessary to develop the plans and specifications
for the closure, including the actual construction activity, and the gas,
leachate, and runoff control mechanisms.
Construction of the landfill cover itself will include the work necessary to
lay the asphalt pad and vegetative cover described above. The Town plans to
use the pad for a Department-approved yard waste composting program. The soil
and vegetative cover will be designed to promote runoff and evapotranspiration
of rainwater, subject to DEC approval. The construction phase will require
considerable regrading of the site and special landscape expertise.
SOUTHOLD TOWN LANDFILL CLOSURE PROJECT
AFFIRMATIVE ACTION WORKPLAN
State Assistance Municipal Landfill Closure Program
for
Assistance for Non-Hazardous Municipal
Landfill Closure Projects Under Title 5
of Article 54 of the Environmental Conservation Law
The Town of Southold will comply with the following affirmative action and equal
employment opportunities provisions, as found in: Federal Executive Order No. 11246,
as amended; Title VI of the Civil Rights Act of 1964, as amended; Title VII of the Civil
Rights Act of 1964, as amended; the Americans with Disabilities Act of 1990, as
amended; 38 U.S.C. 4212 of the Vietnam Era Veterans Readjustment Assistance Act of
1974; the Age Discrimination Act of 1967, as amended; Section 503 of the
Rehabilitation Act of 1973, as amended; Section 109 of the Housing and Community
Development Act of 1974, NYS Executive Law, Article 15-A. and all other State and
federal statutory and constitutional non-discrimination provisions.
The Town of Southold is committed to carry out the intent of New York State Executive
Law, Article 15-A, as they pertain to the activities financed by the State Water Pollution
Control Revolving Fund Program loan.
The Town of Southold will develop a comprehensive MBE/WBE-EEO program which
will assure the meaningful participation of minority and women's business enterprise in
contracting and the meaningful participation of minorities and women in the
workforce(s) associated with the Southold Town Landfill Closure.
James C. McMahon, Executive Assistant, Town of Southold shall be the local
governmental official responsible for administrating the approved comprehensive
Affirmative Action Program.
The Town of Southold has begun work on the final closure and capping of the Town
Landfill in Cutchogue, New York, in accordance with the stipulation settlement between
the Town and the DEC of October 5, 1994.
The landfill property encompasses approximately 60 acres, about one-half of which
contains material landfilled from around 1920 through October 8, 1993, when all landfill
activity ceased. All manner of mixed municipal solid waste is buried at the site,
including household trash, small business commercial waste, septic waste (sludge),
construction and demolition debris, and yard waste. There is no industrial waste buried
at the site. In addition, burial of Household Hazardous Wastes virtually ceased in 1986,
when Southold became the first municipality in New York State to establish a
permanent HHW facility.
Since the landfill opened prior to the establishment of Part 360 Regulations it was
constructed without a liner. Also, portions of the currently required 100 foot buffer
zone between the landfill and its property boundaries have been used for landfilling solid
waste in the past, prior to the current requirements. The Town has requested variances
from these requirements and plans to request additional variances from specific closure
requirements, as described in the stipulated agreement. The Town expects to propose a
cap consisting of an asphalt pad over roughly 11 acres of the site that is at a relatively
flat grade consistent with surrounding properties, and which contains the oldest waste
mass in the landfill, and a 19 acre vegetative and soil cover over the remaining landfill
area, much of which is 20 - 30 feet above surrounding grade.
The contractor(s) shall provide services in support of a series of engineering, analytical,
and construction work phases required to meet Part 360 Closure Requirements, subject
to approval variances, some of which have been applied for by the Town and are under
review by the NYSDEC. These phases of work begin with preparation of the Closure
Investigation Workplan (already completed and submitted to NYSDEC; awaiting
comments) through the final Construction Certification Report (see Closure Project
Workplan, attached).
The Closure Investigation Work Plan provides a detailed description of the investigation
field activities, including the sampling and analytical quality assurance/quality control
program to be undertaken in the Closure Investigation. The Closure Investigation
Report will present findings of the field work and lay the basis for the Closure Plan.
The Closure Plan will involve the engineering work necessary to develop the plan and
specifications for the closure, including the actual construction activity, and the gas,
leachate, and runoff control mechanisms.
Construction of the landfill cover itself will include the work necessary to lay the
asphalt pad and vegetative cover described above. The Town plans to use the pad for a
NYSDEC approved yard waste composting program. The soil and vegetative cover will
be designed to discourage runoff and promote evapotranspiration of rainwater, subject
to NYSDEC approval. The construction phase will require considerable regrading of the
site and special landscape expertise.
9 •
* * * DRAFT -- 7/21/95 -- * * *
July ???? 1995
MEMORANDUM
TO: Director, Division of Solid Waste
NYSDEC, 50 Wolf Road, Albany, NY 12233-4010
FROM: Tom Wickham, Supervisor, Town of Southold
SUBJECT: Landfill Closure Assistance Application
I hereby submit the following statements in support of The Town of Southold's
application for State Assistance For Non-Hazardous Municipal Landfill Closure
Projects Under Title 5 of Article 54 of the Environmental Conservation Law, as
required.
1) SITE CLASSIFICATION
The Southold Town Landfill was delisted from the State Registry of
inactive hazardous waste sites and was removed from the list of
potential (Class 2a) hazardous waste sites by the DEC in October 1993.
These actions were taken as a result of findings of the July 1991 Part
360 and Phase II Hydrogeologic Investigation, and subsequent sampling
events.
2) SITE USE AFTER CLOSURE
Once closed pursuant to Part 360 regulations, the closure project area
will not be considered for the location of any future landfilling
activity. Nor is the Town considering using the area for any other
purpose, with the exception of the asphalted portion will be used for
the proposed yard waste composting program, pending DEC approval. After
closure, any adei iew use of the area or portion thereof would be
undertaken ,onlry in accordance with DEC regulations.
3) POST-CLOSURE OPERATION AND MAINTENANCE
The Town will fund and implement post-closure monitoring and maintenance
Of the landfill closure site in accordance with Subdivision 360-2.15(1)
of the regulations, and in consideration of variances available in the
Town's stipulated agreement with the DEC.
SIGNED, AS AUTHORIZED BY TOWN
BOARD RESOLUTION OF JULY 25, 1995:
Thomas Wickham, Supervisor Date
Town of Southold
APPLICATION FOR NEW YORK STATE ASSISTANCE
PURSUANT TO TITLE 5, ARTICLE 54, ENVIRONMENTAL CONSERVATION LAW
(Please type or neatly print in black ink)
NAME OF APPLICANT (Municipality) 75-a)ri OC Zoui A10L-0
POPULATION OF MUNICIPALITY 1, V`0-0
(based on the most recent "Censu of Population New York]" , U.S.
Department of Commerce, Bureau of Census)
COUNTY rrvC X
SITE NAME JowAl C9 i Su u7- -7-- e-L
SITE LOCATION Cye,ri rY R o C 14)--c- ye) 6u r--
OBLIGATION
OBLIGATION TO CLOSE
(reference and attach copy of administrative order, court order or permit
containing obligation to close the landfill closure site by a specific
date)
INDIVIDUAL AUTHORIZED TO SIGN THIS APPLICATION
Name ' how as W/64 6`e 4a HA
Title vt Pti)C 6-=60A
Address
I
City State
Zip Code
Phone No: '
(include area code)
OFFICIAL TO WHOM PAYMENT CHECKS ARE TO BE MAILED
I
Name
i
Title
i
Address
City State
Zip Code
i
i
Phone No: 1
(include area code)
(9/90) Page 1A of 3A
l
THE FOLLOWING ITEMS MUST BE INCLUDED WITH THIS APPLICATION FORM: Y '�
See INSTRUCTIONS TO APPLY FOR STATE ASSISTANCE FOR NON-HAZARDOUS MUNICIPAL
LANDFILL CLOSURE PROJECTS UNDER TITLE 5 OF ARTICLE 54 OF THE ENVIRONMENTAL
CONSERVATION LAW for a detailed explanation of what must be included. )
1. A copy of the closure investigation report.
2. A copy of correspondence from the state indicating the approval
status of the closure investigation report.
3. A copy of the administrative order, court order or permit
containing the obligation to close the landfill closure site by a
specific date.
4. A MUNICIPAL LANDFILL CLOSURE PROJECT WORK PLAN (a work plan form
is provided in this application kit) .
5. A copy of the governing body's authorization for submission of
this application.
6. A statement that the landfill closure site is not currently
Classification 1 or Classification 2 according to the Registry.
If the landfill closure site is not currently Classification 2a
according to the registry, this -fact must also be included in the
statement.
7. A statement that a complete reclassification investigation has
been submitted to the Department if the landfill closure site is
Classification 2a according to the Registry.
S. An affirmative action workplan (see the two AFFIRMATIVE ACTION
REQUIREMENTS enclosures included in this application kit) .
9. A statement that the landfill closure project area will not have a
landfill constructed on it.
10. A statement that post-closure monitoring and maintenance will be
implemented according to regulations.
11. A completed MUNICIPAL LANDFILL CLOSURE PROJECT RANKING SYSTEM
WORKSHEET and any information necessary to determine the score. A
blank worksheet is included in this application kit. The
Department may require the applicant to submit additional
information to support the score which is determined.
(9/90) Page 2A of 3A
CERTIFICATION: The undersigned does hereby certify that the
information contained contained in this application and in the
attached certified copies of resolution(s), other statements, and
exhibits A s true, correct, and complete to the best of his or her
knowledge and belief, and further that any and all statements, data,
and supporting documents which have heretofore been furnished for the
closurepurpose of anfill
receiving
fundingdescri'bedew YStateork
hereinareAssistance
attachedheretofor hinlfull .
Signature of individual authorized to Date
sign application
Name
(typed. or neatly printed in black ink)
Title
(typed or neatly printed in black ink)
Submit the original and one copy of the completed application package
to:
Director
Division of Solid Waste
NYSDEC
50 Wolf Road
Albany, NY 12233-4010
ATTN: Landfill Closure Assistance Program
Also, submit one copy of the completed application package to the
NYSDEC Regional Solid Waste Engineer at the appropriate regional
headquarters (as shown on the map of DEC regions included in the
Application Kit).
(9/90) Page 3A of 3A
SOUTHOLD LANDFILL CLOSURE PROJECT WORK PLAN
STAGE BEGIN DATE END DATE COST
• Prepare Closure Investigation
Work Plan's 11/94 3/95 $ 10,000
• Perform Closure Investigation 9/95 12/95 $ 70,000
• Prepare Closure Investigation
Report 1/96 4/96 $ 20,000
• Prepare Closure Plan 7/96 12/96 $ 100,000
• Perform Vector Remediation
if required 3/97 4/97 $ 25,000
• Construct Landfill Cover 3/97 12/97 $2,000,000"
• Prepare Construction
Certification Report 1/98 3/98 $ 40,000
TOTAL: $2,265,000
Draft Plan submitted to DEC in March 1995. Currently awaiting DEC comments.
Construction cost of the cap is based on the Town of Southold's plan to place
asphalt compost pad over approximately 11 acres of the landfill and a soil and
vegetative cover over the remaining 19+ acres. If NYSDEC does not approve this
plan and requires a typical Part 360 cap, including a geomembrane barrier, the
cost of construction would be about $6,000,000.
B-8-95 * * * D R A F T
DESCRIPTION OF CUTCHOGUE LANDFILL CAPPING PROJECT
For Inclusion in Affirmative Action Workplan
The Town of Southold has begun work on the final closure and capping of the
Town Landfill in Cutchogue, New York, in accordance with the stipulated
settlement between the Town and the DEC of October 5, 1994.
The landfill property encompasses approximately 60 acres, about 45 of which
contain material landfilled from around 1920 through October 8, 1993, when all
landfill activity ceased. All manner of mixed municipal solid waste is buried
at the site, including household trash, small business commercial wastes,
septic waste (sludge) , construction and demolition debris, and yard waste.
There is no industrial waste buried at the site. In addition, burial of
Household Hazardous Wastes virtually ceased in 1986, when Southold became the
first municipality in New York State to establish a permanent HHW facility.
Since the landfill opened prior to the establishment of Part 360 Regulations
it was constructed without a liner. Also, portions of the currently required
100 foot buffer zone between the landfill and its property boundaries have
been used for landfilling solid waste in the past, prior to the current
requirements. The Town has requested variances from these requirements and
plans to request additional variances from specific_ closure requirements, as
described in the stipulated agreement. The Town expects to propose a cap
consisting of an asphalt pad over roughly 11 acres of the site that is at a
relatively flat grade consistent with surrounding properties, and which
contains the oldest waste mass in the landfill, and a 19 acre vegetative and
soil cover over the remaining landfilled area, much of which is 20 - 30 feet
above surrounding grade.
The contractor(s) shall provide services in support of a series of
engineering, analytical, and construction work phases required to meet Part
360 Closure Requirements, subject to approved variances yet to be applied for
and received by the Town. These phases of work begin with preparation of the
Closure Investigation Workplan (already completed and submitted to DEC;
awaiting comments) through the final Construction Certification Report (see
Closure Project Workplan, attached) .
The Closure Investigation Work Plan provides a detailed description of the
investigation field activities, including the sampling and analytical quality
assurance/quality control program to be undertaken in the Closure
Investigation. The Closure Investigation Report will present findings of the
field work and lay the basis for the Closure Plan. The Closure Plan will
involve the engineering work necessary to develop the plans and specifications
for the closure, including the actual construction activity, and the gas,
leachate, and runoff control mechanisms.
Construction of the landfill cover itself will include the work necessary to
lay the asphalt pad and vegetative cover described above. The Town plans to
use the pad for a Department-approved yard waste composting program. The soil
and vegetative cover will be designed to promote runoff and evapotranspiration
of rainwater, subject to DEC approval. The construction phase will require
considerable regrading of the site and special landscape expertise.
;
r
8-8-95 * * * D R A F T
In A rIPTION OF CUTS LANDFILL CAPPING PROJECT
For Inclusion in Affirmative Action Workplan
The Town of Southold has begun work on the final closure and capping of the
Town Landfill in Cutchogue, New York, in accordance with the stipulated
settlement between the Town and the DEC of October 5, 1994.
The landfill property encompasses approximately 60 acres, about 45 of which
contain Material landfilled from around 1920 through October 8, 1993, when all
landfill activity ceased. All manner of mixed municipal solid waste is buried
,: at the site, including household trash, small business commercial wastes,
fttid Mate (!sludge), construction and demolition debris, and yard waste.
'�re is no industrial waste buried at the site. In addition, burial of
,. Hatothold Hazardous Wastes virtually ceased in 1986, when Southold became the
x,
first municipality in New York State to establish a permanent ISM facility.
Since the landfill opened prior to the establishment of Part 360 Regulations
it was constructed without a liner. Also, portions of the currently required
100 foot buffer zone between the landfill and its property boundaries have
F been used for landfilling solid waste in the past, prior to the current
raquirements. The Town has requested variances from these requirements and
pleas to request additional variances from specific closure requirements, as
# described in the stipulated agreement. The Town expects to propose a cap
�
�., tsisting of an asphalt pad over roughly 11 acres of the site that is at a
` relstiVely flat grade consistent with surrounding properties, and which
' 6ofitatins the oldest waste mass in the landfill, and a 19 acre vegetative and
q evil cover over the remaining landfilled area, much of which is 20 - 30 feet
above surrounding grade.
The t'ontractor(s) shall provide services in support of a series of
gym: etigit"f►ebring, analytical, and construction work phases required to meet Part
360 d1daure Requirements, subject to approved variances yet to be applied for
P
I t^
std r6 eiwed by the Town. These phases of work begin with preparation of the
Investigation Workplan (already completed and submitted to DEci
awaiting comments) through the final Construction Certification Report (see
Closure Project Workplan, attached) .
The Closure Investigation Work Plan provides a detailed description of the
investigation field activities, including the sampling and analytical quality
assuranco/quality control program to be undertaken in the Closure
thVestigation. The Closure Investigation Report will present findings of the
field work and lay the basis for the Closure Plan. The Closure Plan will
involve the engineering work necessary to develop the plans and specifications
for the closure, including the actual construction activity, and the gas,
leachate, and runoff control mechanisms.
Construction of the landfill cover itself will include the work necessary to
lay the asphalt pad and vegetative cover described above. The Town plans to
use the pad for a Department-approved yard waste composting program. The soil
and vegetative cover will be designed to promote runoff and evapotranspiration
of rainwater, subject to DEC approval. The construction phase will require
considerable regrading of the site and special landscape expertise.
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, effective September 1, 1990)
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN
FACILITY NAME Town of Southold Landfill
EXTENT OF WASTE DEPOSIT (ACRES) approx. 30
FACILITY IN
FACILITY LOCATION County Road 48 , Cutchogue, NY
COUNTY Suffolk
FACILITY OWNER Town of Southold
FACILITY OPERATOR Town of Southold
CONTACT PERSON James Bunchuck, for Tom Wickham, Town Supervisor
ADDRESS Southold Town Solid Waste District, P.O. Box 962. Cutchogue,NY i
119 5
PHONE NO: (516) 734-7685
STAGE BEGIN DATE END DATE COST
Prepare Closure Investigation Work Plan* 11 /94 (A) 3/95 (A) $ 10,000.
Perform Closure 9/95 P/A 12/95P/A $ 70,000 E/A
Investigation
Prepare Closure 1 /96 P/A 4/96 P/A 20,000 E/A
Investigation Report
Prepare Closure Plan 7/96 P/A 12/96 P/A $ 100,000 E/A
Perform Vector 3/97 P/A 4/97 P/A $ 25,000 E/A
Remediation, if required
Construct Leachate
Collection System, if "(see reverPse) P/A E/A
required
Construct Gas Venting Layer **(see reverse)
and Gas Collection/Control P/A P/A E/A
System
Draft Plan submitted to DEC in March, 1995. Currently awaiting DEC comments.
(9/90) Page 113 of 28
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN (cont'd)
STAGE BEGIN DATE END DATE COST
Construct Barrier Layer **(see bPr P/A E/A
Construct Barrier Protection **(see below)
Layer P/A P/A E/A
Construct Topsoil Layer Landfill ---"ConstrucO/A P/A E/A
Landfill —
)
Establish Vegetative Cover Cover" PhP/A E/A
Construct Landfill Cover 3/97 12/97 $2,000,000
Prepare Construction
Certification Report P/A 3/98 P/A $ 40,000E/A
TOTAL: $2,265,000
Notes: P = Prospective
A = Actual
E = Estimated
**Construction cost of the cap is based on the Town of Southold's plan to place an
asphalt compost pad over approximately 11 acres of the landfill and a soil and
vegetative cover over the remaining 19+ acres. If NYSDEC does not approve
this plan and requires a typical Part 360 cap, including a geomembrane
barrier, the cost of construction would be about $6,000,000.
(9/90) Page 2B of 2B
9 0
SOUTHOLD LANDFILL CLOSURE PROJECT WORK PLAN
STAGE BEGIN DATE END DATE COST
• Prepare Closure Investigation
Work Plan" 11/94 3/95 $ 10,000
• Perform Closure Investigation 9/95 12/95 $ 70,000
• Prepare Closure Investigation
Report 1/96 4/96 S 20,000
• Prepare Closure Plan 7/96 12/96 $ 100,000
• Perform Vector Remediation
if required 3/97 4/97 $ 25,000
• Construct Landfill Cover 3/97 12/97 $2,000,000"*
• Prepare Construction
Certification Report 1/98 3/98 $ 40,000
TOTAL: $2,265,000
Draft Plan submitted to DEC in March 1995. Currently awaiting DEC comments.
Construction cost of the cap is based on the Town of Southold's plan to place
asphalt compost pad over approximately 11 acres of the landfill and a soil and
vegetative cover over the remaining 19+ acres. If NYSDEC does not approve this
plan and requires a typical Part 360 cap, including a geomembrane barrier, the
cost of construction would be about $6,000,000.
• 0
SOUTHOLD LANDFILL CLOSURE PROJECT WORK PLAN
STAGE BEGIN DATE END DATE COST
• Prepare Closure Investigation
Work Plan* 11/94 3/95 $ 10,000
• Perform Closure Investigation 9/95 12/95 $ 70,000
• Prepare Closure Investigation
Report 1/96 4/96 $ 20,000
• Prepare Closure Plan 7/96 12/96 $ 100,000
• Perform Vector Remediation
if required 3/97 4/97 $ 25,000
• Construct Landfill Cover 3/97 12/97 $2,000,000"
• Prepare Construction
Certification Report 1/98 3/98 $ 40,000
TOTAL: $2,265,000
*Draft Plan submitted to DEC in March 1995. Currently awaiting DEC comments.
**Construction cost of the cap is based on the Town of Southold's plan to place
asphalt compost pad over approximately 11 acres of the landfill and a soil and
vegetative cover over the remaining 19+ acres. If NYSDEC does not approve this
plan and requires a typical Part 360 cap, including a geomembrane barrier, the
cost of construction would be about $6,000,000.
ro
✓w�i y ;t ��� I * * * D R A F T -- 7/17/95
SO4OLD LANDFILL CLOSURE PROJECT WORK PLANT
STAGE BEGIN DATE END DATE COST
• Prepare Closure Investigation
Work Plan#C 11/94 3/95 $ 10,000
• Perform Closure Investigation /9 / ' 9 00
• Prepare Closure Investigation
Report
• Prepare Closure Plan T"96 96 $ 100,000
f y
• Perform Vector Remediation
if required $ 25,000
? true�hat Xl�et�m, if'fequir96 _ . _�/g� \ _�� —560.�A00
• Construct Gas Venting Layer and
Gas Collection/Control System 6/97 3/98 $ 900,000
• Construct Layer 5/98 9/98 $1,250,0002
Construct 4kasMaw Protection
G Layer 9/98 1/99 $ 250,000
��kz
/ • Construct Topsoil Layer 0 IN4 3/99 6/99 $ 250,000
• Establish Vegetative Covert A 6/99 9/99 $ 40,000
• Prepare Construction /�v Y 31, 4 i
Certification Report $ —
/ 4, Cc," 4-Cq eY /. P-- TOTAL: $3,327,500
1
sed o capping approximately 15 acres of the "cehtral" portion of the
tandfill hat are elevated.
\\'�
2I4clu es estimated.- $500k for asphalt compost pad over 11+ acres of compost,
Pbm io oaf site
P�iti, �c ,��, 'lac✓ 11e C. l`l��l Lt / (Yo S C.CR1"chil erg �
SENT BY:Xerox Telecopier 7020 ; 7-20-85 ; 5:32PM ; 516 354 8045-+ 516 765 1823;# 1
?ro
Po*lt7 Fax Note 7871 DaW7
paa"°
From
To
Co.
CoJDaP�•
Phone�►
phone*-7(A' .x
Fax r ,(o
*** Construction cost ofthe cap is based on the Town of Southold's plan to place an asphalt compost
pad over approximately l i awes of the landfill and a soil and vegetative cow over the remaining 19+
acres. IfNYSDEC does not approve this plan and requires a typical Part 360 cap,including a
geomambrarte barrier,the cost of construction would be about$6,000,000.
i
i
i
&1027 rFMO720M
i
* * * DRAFT -- 7/18/95
July ???? 1995
lEMORANDUl(
TO: Director, Division of Solid Waste
NYSDEC, 50 Wolf Road, Albany, NY 12233-4010
FROM: Tom Wickham, Supervisor, Town of Southold
SUBJECT: Landfill Closure Assistance Application
I hereby submit the following statements in support of The Town of Southold's
application for State Assistance For Non-Hazardous Municipal Landfill Closure
Projects Under Title 5 of Article 54 of the Environmental Conservation Law, as
required.
1) SITE CLASSIFICATION
The Southold Town Landfill was delisted from the State Registry of
inactive hazardous waste sites and was removed from the list of
potential (Class 2a) hazardous waste sites by the DEC in October 1993.
These actions were taken as a result of findings of the July 1991 Part
360 and Phase II Hydrogeologic Investigation, and subsequent sampling
events.
2) SITE USE AFTER CLOSURE J/ I n
Once closed pursuant to Part 360 regulations, the closure roject area
will not be considered for the location of any future landf ling
activity. The Town may consider using a portion of the area a a curing
site for finished compost under its proposed yard waste compost ng
program, which is now pending DEC approval. After closure, any useiof
the area or portiod thereof 7:(j be undertaken only in accordan a with
DEC regulations. %
3) POST-CLOSURE OPERATION AND MAINTENANCE
The Town will fund and implement post-closure monitoring and maintenance
of the landfill closure site in #aM accordance with Subdivision 360-
2.15(1) of the regulationsCC
, J" f 4
4�c S
rtt cvt�cz!>/10 14'LL
SIGNED, AS AUTHORIZED BY TOWN
BOARD RESOLUTION OF JULY 25, 1995:
Thomas Wickham, Supervisor Date
Town of Southold
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, effective September 1, 1990)
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN
FACILITY NAME
EXTENT OF WASTE DEPOSIT (ACRES)
FACILITY ID#
FACILITY LOCATION
COUNTY
FACILITY OWNER
FACILITY OPERATOR
CONTACT PERSON
ADDRESS
PHONE NO:
i
STAGE BEGIN DATE END DATE COST
Perform Closure
Investigation P/A P/A E/A
Prepare Closure
Investigation Report P/A P/A E/A
Prepare Closure Plan P/A P/A E/A
Perform Vector
Remediation, if required P/A P/A E/A
Construct Leachate
Collection System, if
required P/A P/A E/A
Construct Gas Venting Layer
and Gas Collection/Control
System P/A P/A E/A
(9/90) Page 1B of 2B
i
i
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN (cont'd)
STAGE BEGIN DATE END DATE COST
Construct Barrier Layer P/A P/A E/A
Construct Barrier Protection
Layer P/A P/A E/A
Construct Topsoil Layer P/A P/A E/A
Establish Vegetative Cover P/A P/A E/A
Prepare Construction
Certification Report P/A P/A E/A
Notes: P = Prospective
A = Actual
E = Estimated
(9/90) Page 2B of 2B
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, effective September 1, 1990)
MUNICIPAL LANDFILL CLOSURE PROJECT
REIMBURSEMENT APPLICATION
FACILITY NAME
FACILITY iD#
FACILITY LOCATION
COUNTY
FACILITY OWNER
FACILITY OPERATOR
CONTACT PERSON
ADDRESS
PHONE NO.
AMOUNT OF REIMBURSEMENT SOUGHT
Below list the costs for which you are applying for reimbursement, the
specific work which is included in each cost, and the begin and end
dates of each task. The costs listed below must be the cost to the
municipality, not the portion to be reimbursed. Be as specific as
possible (see example) .
You must include with this form documentation that all costs concerned
have been paid and that the work has been satisfactorily completed.
COST BEGIN DATE OF WORK END DATE OF WORK WORK INVOLVED (DESCRIBE)
(9/90) Page 1D OF 1D
JUN-08-1995 08:10 YS DEC 518 457 0342 P.03
SAMPLE
AFFIRMATIVE ACTION ,WonpLAN
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Municipality
(Applicant) project Number
(DEC Use)
Address City Zip Code
(Number i Street) (Your Town) (Five or Nine)
Authorized Representative Authorized Signature
(Rankinq official) (Official)
Address City Zip Code Phone No.
(Number a Street) (Your Town) . (5 or 9) (Official)
Affirmative Action Representative Phone No.
(official) (official)
Project Description (list separate contracts and estimates)
Contract No. Description�. p Estimate
General Construction 91.273.000
hao
� .� Refirianct veneral�con�struct�on _S1.273,000
See Attachment
PROJECTED EEO AND MBE/WBE CONTRACT SUMMARY
3 Amount 3 No. /Empl.
11. Total Project 100 $2,171,000 S. Total Employee . 100 1,000
Dollar value
2. MBE Applied 15 $ 325, 650 6. Total Minority 10 100
Project Goal Employees Goal
3 . WEE Applied 5 $ 108, 550 7 . Total Female 10 100
Project Goal
4 . MBE/WBE. Com- 20 $ 434 , 200 I8 . E£0 Combined 20 200
biped Totals i Totals
FOR THE OFFICE OF AFFIRMATIVE ACTION USE ONLY
Proposed Goals
P Date Approved Date Disapproved Initials
EEO-Minorities($)
WEE(%). EEO-Women(%)
IM A A i cnr n,_o q s.:
•JUN-08-1995 08 10 NYS DEC 518 457 0342 P.04
- SAWL8
Number/Types
Contract Breakdown Amount
General Construct. Paving' $ 150, 000
(Contract No. 1) Demolition 30, 000
Painting 200, 000
Masonry 260, 000
Miscellaneous Metals 50, 000
Glazing 3, 000
Excavation and Backfill 210,000
Fencing 12,000
Concrete Finishing 20,000
Reinforcing Steel 240,000
Roofing 68,000
Waterproofing _30,000
$1,273,000
Electrical Underground Duct Banks $ 110,000
(Contract No. 2) Equipment Supply 260,000
Lightening Protection 20,000
$ 390,000
H.V.A.C. Electrical Wiring $ 10,000
(Contract No. 3) Ductwork 45,000
Controls 25,000
Equipment Supply 6Q,,ocO
$Plumbing Underground Piping $ 20,000
(Contract No. 4) Equipment Supply 25,000
• $ 45,000
sewer-Atha Cleaning & TV Inspection $ 3.5,000
(Contract No. 5) Joint Testing & Sealing 45,000
Chemical Root Treatment 4, 000
`. Manhole Rehabilatation 8,000
Excavation &Backfill 6,000
Pavement Replacement 12,000
Material Supply 5. 000
$ 115,000
Sewer Rehab. Cleaning & TV Inspection S 58, 000
(Contract No. 6) Joint' Testing & Sealing 126, 000
Chemical Root Treatment 3, 000
Manhole Rehabiliation 15, 000
Excavation & Backfill .3,000
Pavement Replacement 2, 800
Material Supply 1. 000
$ 208,800
Total: $2, 171,000
BAA/SRF 02-10/89
JUN-08-1995 08 09 NYS DEC ,, J Jif 518 457 0342 P.01
17)
New York State Department of Environmental Conservation
50 wolf Road, Albw* Now York'12233
TThomaa G Jotting
• �+mlaabnar
TO: Potential Loan Applicants for State Water Pollution Control
Revolving Fund Loans
FROM: John W. Printup, Director of-Minority b Women's Business
Programs
SUWECT: A"3309= ACTION PROGRAM MD SWPCRP AppLICATIOM
DATE: June 14, 1991
Applicants for loans -from the state water Pollution Control
Revolving Fund (SWPCRF) are requested to implement a comprehensive
Affirmative Action Program and to ' submit• an approvable Affirmative
Action workplan.
This Affirmative Action workplan must include the 'following three
(3) elements: a policy statement; the designation of an Affirmative
Action Representative; and a project description. The Affirmative
Action Workplan, together with all other supporting documentation,
should be submitted along with other required documents at the time
of, or prior to formal application to the program.
A brief description of the three (3) elements follows:
Pelicv Statement
A statement which commits the loan recipient to carry out
%, the intent of New York State Executive Law, Article 15-A on
activities financed by the SWBCRF Program loan. This
statement should acknowledge the obligations of the loan
recipient to develop a comprehensive M/WBE-EEO program which
assures the meaningful participation of minority and women's
business enterprises in contracting, and the meaningful
participation of minorities and woman in the workforce(s) '
associated with the- project(s) to be Financed.
This brief policy statement should be developed -by the
program applicant. ,
Affirmative Action epresentative
The local government officiai responsible for administering
the approved comprehensive Affirmative Action Program must
be identified.
This information is requested on page one (1),, line give
(5) , of the Affirmative Action Workplan (BAA/SRF 01-9/89) .
'JUN-08-1995 08:10 NYS DEC 518 457 0342 P.02
-Z-
Pre at Deecriotion
The program applicant must identify the nature of the Work
involved in the project to be financed. A brief description
of the component parts of the project to be financed will
satisfy this element of the Affirmative Action Workplan.
This information is requested on page one (1) , line six (6)
of the Affirmative Action Workplan (BAA/SRF 01-9/89) .
Additional information regarding the nature of the project
should be indicated on supplemental document HAA/SRF
02-10/89.
Attached to this memorandum are workplan forms and completed
sample forms. These documents have been prepared for- your convenience
and to facilitate completion.
If you have any questions on the above or would like to arrange a
meeting to discuss your specific concerns, please call my office at
(518) 457-7187.
Ahn W. Pr ntup
Director of Mino y i
Women's Business Programs
Attachment
JUN-08-1995 08:11 YS DEC 518 457 0342 P.06
a
Number/TYPes
eakdown Amount
Of gontracts contract TOTAL P.06
FOL 0
James Bunchuck ��� P.O. Box 962
Solid Waste Coordinator Cutchogue, New York 11935
= Tel.: (516) 734-7685
pyo !fr' Fax: (516)734-7976
SOUTHOLD TOWN
SOLID WASTE DISTRICT
RAX TRANSMITTAL SHBBT
Number of Pages Including This Sheet
i
DATE: //
TO i /�2G!/QVX (9Qnk1- RAX #1 7,1,
PROM, C't
MESSAGEe ,, /
",'MeAfalldk�
Igor verification or questions please call (516) !J4-7685.
Norman Nosenchuck
Director, Division of Solid Waste
NYSDEC
50 Wolf Road
Albany, NY 12233-4010
ATTN: Landfill Closure Assistance Program
Dear Mr. Nosenchuck:
Enclosed please find our application (original and one (1) copy) for state
assistance for landfill closure under Title 5, Article 54, Environmental
Conservation Law.
The project described herein is the capping of the Southold Town Landfill in
Cutchogue, NY, pursuant to the Stipulated Agreement between the Town and
NYSDEC of October 4, 1994. The estimated project cost is $2.3M, of which the
Town will seek 50% reimbursement, should NYSDEC approve the plan.
I look forward to hearing of the results of your review of this application at
your earliest convenience. If you have any questions, please do not hesitate
to call me.
Sincerely,
Thomas Wickham, Supervisor
Town of Southold
August 14, 1995
MEMORANDUM r4rMAY1 I\110s424 CAac k
T0: Di/( rector, Division of Solid Waste
NYSDEC, 50 Wolf Road, Albany, NY 12233-4010
FROM: Tom Wickham, Supervisor, Town of Southold
SUBJECT: Landfill Closure Assistance Application
I hereby submit the following statements in support of The Town of Southold's
application for State Assistance For Non-Hazardous Municipal Landfill Closure
Projects Under Title 5 of Article 54 of the Environmental Conservation Law, as
required.
1) SITE CLASSIFICATION
The Southold Town Landfill was delisted from the State Registry of
inactive hazardous waste sites and was removed from the list of
potential (Class 2a) hazardous waste sites by the DEC in October 1993.
These actions were taken as a result of findings of the July 1991 Part
360 and Phase II Hydrogeologic Investigation, and subsequent sampling
events.
2) SITE USE AFTER CLOSURE
Once closed pursuant to Part 360 regulations, the closure project area
will not be considered for the location of any future landfilling
activity. Nor is the Town considering using the area for any other
purpose, with the exception of the asphalted portion will be used for
the proposed yard waste composting program, pending DEC approval. After
closure, any uses of the area or portions thereof would be undertaken
only in accordance with DEC regulations.
3) POST-CLOSURE OPERATION AND MAINTENANCE
The Town will fund and implement post-closure monitoring and maintenance
of the landfill closure site in accordance with Subdivision 360-2.15(1)
of the regulations, and in consideration of variances available in the
Town's stipulated agreement with the DEC.
SIGNED, AS AUTHORIZED BY TOWN
BOARD RESOLUTION OF JULY 25, 1995:
Thomas Wickham, Supervisor Date
Town of Southold
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, effective September 1, 1990)
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN
FACILITY NAME
EXTENT OF WASTE DEPOSIT (ACRES) /S'
FACILITY IN / � --
FACILITY LOCATION JU r it tp
COUNTY 1�-
FACILITY
OWNER O
FACILITY OPERATOR I0G� n c�-� ��xr �, /0
CONTACT PERSON It 1"AI 4
ADDRESS P i?ox c
PHONE NO:
STAGE C/c�tiu+'c 1�y �� °4�j BEGIN DATE END DATE COST
rf
r"t ° Way P /�„ +/4� ® 3 j
Perform Closure
Investigation 6- Pf(9A PA
Prepare Closure R C
Investigation Report 15 P A tQA
Prepare Closure Plan �' �/A X16 9A O A
Perform Vector &A VA S 6 &0A
Remediation, if required
Construct Leachate
Collection System, if y
required &A 6; y &A DA
—
Construct Gas Venting Layer
and Gas Collection/Control A /A y�i �A
System — ��Z—�i
(9/90) Page 1B of 2B
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN (cont'd)
STAGE BEGIN DATE END DATE COST
Al
Construct Barrier Layer P A A 75�iG4
a51�/ia/f ual
Construct Barrier Protection
Layer 9 P A -- E/A
Construct Topsoil Layer " /A P/A �tl� E/A
Establish Vegetative Cover O/A P/A a/A
Prepare Construction „
Certification Report //w �A A `, v� A
Notes: P = Prospective ' eylj
A = Actual a S
E = Estimated 3/ 3 s—d?, 5-ve)
(9/90) Page 2B of 2B
111L77.''.
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8-8-95 * * * D R A F T
DESCRIPTION OF CUTCHOMM LANDFILL CAPPING PROJECT
For Inclusion in Affirmative Action Workplan
The Town of Southold has begun work on the final closure and capping of the
Town Landfill in Cutchogue, New York, in accordance with the stipulated
settlement between the Town and the DEC of October 5, 1994.
�3
The landfill property encompasses approximately 60 acres, abouti�'of which
contain material landfilled from around 1920 through October 8, 1993, when all
landfill activity ceased. All manner of mixed municipal solid waste is buried
at the site, including household trash, small business commercial wastes,
septic waste (sludge) , construction and demolition debris, and yard waste.
There is no industrial waste buried at the site. In addition, burial of
Household Hazardous Wastes virtually ceased in 1986, when Southold became the
first municipality in New York State to establish a permanent HHW facility.
Since the landfill opened prior to the establishment of Part 360 Regulations
it was constructed without a liner. Also, portions of the currently required
100 foot buffer zone between the landfill and its property boundaries have
been used for landfilling solid waste in the past, prior to the current
requirements. The Town has requested variances from these requirements and
plans to request additional variances from specific closure requirements, as
described in the stipulated agreement. The Town expects to propose a cap
consisting of an asphalt pad over roughly 11 acres of the site that is at a
relatively flat grade consistent with surrounding properties, and which
contains the oldest waste mass in the landfill, and a 19 acre vegetative and
soil cover over the remaining landfilled area, much of which is 20 - 30 feet
above surrounding grade.
The contractor(s) shall provide services in support of a seri 41-
engineering,
engineering, analytical, and construction work phases required to meet Part
360 Closure Requirements, subject to approved variances Flied for
and receivgd-by-th-e-�. These phases of work begin with preparation of the
Closure Investigation Workplan (already completed and submitted to DEC; i ��t ,
awaiting comments) through the final Construction Certification Report (see
Closure Project Workplan, attached) .
The Closure Investigation Work Plan provides a detailed description of the
investigation field activities, including the sampling and analytical quality
assurance/quality control program to be undertaken in the Closure
Investigation. The Closure Investigation Report will present findings of the
field work and lay the basis for the Closure Plan. The Closure Plan will
involve the engineering work necessary to develop the plans and specifications
for the closure, including the actual construction activity, and the gas,
leachate, and runoff control mechanisms.
Construction of the landfill cover itself will include the work necessary to
lay the asphalt pad and vegetative cover described above. The Town plans to
use the pad for a Department-approved yard waste composting program. The soil
and vegetative cover will be designed to promote rtneffarxf evapotranspiration
of rainwater, subject to DEC approval. The construction phase will require
considerable regrading of the site and special landscape expertise.
aIH 04
New York State Department of Environmental Conservation �,.
Division of Hazardous Substances Regulation
Bureau of Program Management Z W
50 Wolf Road, Albany, New York 12233-7250 �?
a
�Mf&TAt tN
September 15, 1995
Mr. Thomas Wickham W 3
Supervisor
Town of Southold
53095 Main Road
Southold, NY 11971
Dear Mr. Wickham:
Re: State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, revised December 14, 1994)
Administrative Completeness Notification
Facility: Town of Southold Landfill - Suffolk County
This is to notify you that your referenced application for State
assistance for landfill closure for the above-noted facility is
administratively complete.
Please be advised that this administrative completeness determination
only acknowledges that all of the components needed for a complete application
have been submitted. This determination for administrative completeness is .
not an mroval of Your application for State assistance under the Landfill
Closure State Assistance Program.
Available funds under this program are currently not sufficient to
provide State assistance for applications received in this Group No. 20 of
applications. If State assistance becomes available, a detailed technical
completeness review of your application will be made.
If your application is determined to be technically incomplete as a
result of this detailed review, it will be returned to you with an explanation
of our incompleteness determination. You will then have 30 days to submit to
us the information that is needed to make your application technically
complete. If we don't receive this information within the required 30 days,
or if the information submitted to us is inadequate or incomplete, we will
disapprove your application for State assistance.
After your application is determined to be technically complete, we will
then send you the State assistance contract for your acceptance.
Mr. Thomas Wickham 2.
If you have any questions on this matter, please contact Akram Husain, of
my staff, at (518) 457-7446.
Sincerely,
Albert H. Muench
Supervisor
Resources Management Section
Bureau of Program Management
Division of Solid & Hazardous
Materials
r ,
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New York S • �tK aqY
tate Department of Environmental Conservation �P 1s
Division of Solid & Hazardous Materials
50 Wolf Road, Albany, New York 12233-7250 Z
Phone: 518-457-6934 Fax: 518-457-0629 �+o �ti?
/ Michael D. Zagata
f 1 I Commissioner
� Sept b 8, 1995
� 77
Mr. Thomas Wickh
Supervisor C]V- 4'U'ft ;; ,- -
Town of Sou old L&k 53095 Ma' Road 2
Southo , NY 11971
D r Mr. Wickham:
Re: State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, effective September 1, 1990)
Town of Southold Landfill - Suffolk County
This acknowledges our receipt on September 1, 1995 of your application
for State assistance for landfill closure of the referenced facility.
Available funds under this program are currently not sufficient to
provide State assistance for this application.
We will shortly complete our administrative completeness review of your
application. We will then advise you if your application is either
administratively complete, or administratively incomplete.
If State assistance becomes available, a detailed technical completeness
review of your application will be made. After your application is deemed
technically complete and eligible for State assistance, we will send you the
State assistance contract for this facility.
Any application which is deemed incomplete will be returned along with
the explanation for the determination of incompleteness.
If you have any questions on this matter or require clarification about
the status of your application, please contact me at (518) 457-7446.
We appreciate your interest in this program.
Sincerely,
Jeri Degener
Resources Management Section
Bureau of Program Management
Division of Solid & Hazardous
Materials
COUNTY OF SUFFOLK ;� T
2 119093
OFFICE OF THE COUNTY EXECUTIVE ►-•-- =-" "'
PATRICK G. HALPIN
COUNTY EXECUTIVE
i
May 17, 1990
Honorable Scott Harris
Supervisor
Southold Town Hall
53095 Main Road
Southold, New York, 11971
Dear Supervisor ri
As you are aware, on March 30, 1990, the Environmental Trust Fund Review Board
met in order to act upon the plans for capping and closing landfills in the
towns of Brookhaven, Smithtown and Southampton. The board voted unanimously
to approve each town 's proposal and submit same to the Suffolk County
Legislature for their consideration. This brings a total of five town plans
reviewed and approved by the board thus far.
To date, the board has not received a plan from the Town of Southold
requesting funding for the purposes of land acquisition or landfill closure
and remediation. So as to expedite the process, please forward a copy of your,
town 's plan for use of the revenue sharing component of the Clean Drinking
Water Protection Program to Deputy County Executive Robert Kurtter, H. Lee
Dennison Building, Hauppauge; New York as soon as possible. Once these plans
are received, they will be distributed to members of the board for their
review and deliberation. A meeting will then be scheduled so that action ma
be taken on the proposal.
Thank you in advance for your cooperation in this regard.
Si c r ly,
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
PGH:efc
H.LEE DENNISON BLDG ■ VETERANS MEMORIAL HIGHWAY ■ HAUPPAUGE.N.Y. 11788 ■ (516)860.4000
01 ,28.,00 FRI 17:46 FAT457 9130 PROCUREMENT BUIf ((� nnl
7 0
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Bureau of Minority & Women's Business Programs
50 Wolf Road, Room 686, Albany, New York, 12233-5027
Office Number: (518) 457.0749
Fax Number: (518) 457-9130
John P. Cahill
Commissioner
FAX TRANSMITTAL
TO: Jim Bunchuck, Town of Southampton (631) 734-7976
FROM: Ken Wilson
DATE: January 28,2000
Number of Pages 24 (including cover sheet)
RE: Contract No. C300419, Town of Southampton Landfill
COMMENTS: Attached are the M/WBE-EEO reports we discussed by telephone this morning:
• Applicant/Consultant/Contractor Detailed M/WBE-EEO Utilization Plan,
• Monthly EEO Work Force Analysis, and the
• M/WBE Quarterly Report,
Additionally, attached are copies of the time proven, and recommended Good Faith
Efforts/Affirmative Action Steps (that have been found to elevate M/WBE participation on contracts thru their
employ), Directions for the use of the Directory of NY State certified M/WRE's and information about the
Office of General Services (OGS).
If I can be of further assistance, do not hesitate to call.
Alladviu it A4
ci
AYPI.ICANT/CONSULTANT/CONTRACTOR DETAILED MA'4BE-EEO UTILIZATION PLAN
NEW YORK STATE DEPARTi I ENT OF ENVIRONA'IENTAL CONSERVATION
Applicant/Consultaut/Contractor Name:
Contract Type/Number: Contract Award Date:
Address: City: State: Zip Code:
Project Owner Nirne: Contract/Grant Ilo.:
Address: Cir:: State: Zip Code:
Authorized Representative: Title:
Authorized Signature:
0
EEO AND MBE/WBE CONTRACT SUMMARY
H ,
MA NTE CONTRACT SUMMARY % Amount EEO CONTRACT SUMMARY % No../Emp. Wk./I-Irs.
a 1. Total Dollar Value of the Prime S. Total for all }
o Emp ttees
af Contract
1 MBE Goal/Amount
6. Total Goal for Minority Employees
ees
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7. Total Goal for Female Employees
3. W13E Goal!Amount i
1 S. EEO Combined Totals
4. MBE/WBE Conibiaed Totals j
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Office of Minority & Wonren's Business Programs Use Only
Proposed Goals Date Approved Date Disapproved Initials
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ti 11BE(°�o} EEO-R'Iinorilies (°ro}
-� WBB (°'ol EEO-IVlinorities
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01NI ,93P Septcmbcr 1999
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SECTION I - ' 'IBI' INFORMATION: In order to achie c the NIBS Goals, Neiv York State Certified MINORITY•ONVNED firms are expected
to participate in the following manner
MBE Firin Projected MBE j Description of Work Contract ; Contract Project
Contract Amount ME Srhedule/Start i Payment Completion �
and Award Date Date(s) Schedule Date
Nan:e:
t
Address: $
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.� City: DAT E:
a
j Statel7ip Code �
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�z J Telephone No.:
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City: DATE- i
State;'Z-ip Code: I '
Telephone No.:
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SECTION II - M,'BE INFORMATION: In order to achieve the WRE+ Goals, New York State Certified `VOMEN-0111NED firms are expected to
participate in the following manner
j WBE Firm ' ProjectedWBE Description of Work Contract Contract � Project
Contract Amount. WBE Schedule/Start Payment Completion Date
j and Award Date Date(s) Schedule
Naml-:
j
3 :address:
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Cite: DATE:
0 Statei'Zip Codc ;
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LQ
Telephone No.:
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Name:
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Address:
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DATE':
,StatC/Zip Come:
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.� Telephone No.:
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SECTION III - EEO INFORMATION: In order to achieve the EEO Goals, Minorities and Fein ales are expected to be employed in the
following job categories for the specified amount of work.hours.
All Employees Minority Employees
Job Categories Total Worlc Hours of Male Female African- Asian Native Hispanic
Contract American American
Officials/
Managers
' Professionals
Technicians
H
Z '
F5 Sales Workers
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a
Office/Clerical
f
f'raftsman
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Services.'
workers
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Totals
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n1-,29. 00 FRI 13:48 FAX 5 57 9130 PROCUREMENT BUR* 0116
Anj,;hmrnl P4
VERWICATION
STATE OF }
COUNTY OF ) SS.:
(A)
being duly sworn, states he or she is the
owner of( or a.partnc;r in)the enterprise making the foregoing Utilization Plan and representations
made in the Utilization Plan are true to his or her own knowledge.
(B)
being duly sworn, states that he or she is the
tiomr of C'orpurJte OfAcer
of
Title of Corporate Offtecr `lame O'Corporrtion
the,enterprise making the foregoing Utilization Plan,that he or she has read the Utilization Plan and
knows its contents,that the statements and representations made in the Utilization Plan are tete to
his or her knowledge,and that the Utilization Plan is made at the direction of the:Board of Directors
of the Corporation and/or owners.
s;ogw«
Sworn to before me dais
day of
Notnry Fustic `--
Person assisting in completing the tltilization Plan:
Print!game
Si;nttturc — 'frlrphoneYo.
(OMWRP)September Iq"
1)1,-28 nn FRI 13: 49 FAX 457 9130 PROCUREMENT BJ&U
Atta�hmert J1)
CONSULTANT/ CONTRACTOR DETAILED
M/WBL-EEO UTILIZATION PLAN
Tlus Utilization Plan must be verified under oath in the following manner.-
(A) if the enterprise is a sole proprietorship, by owner, or if the enterprise is a partnership, by
partner; or
(B) if the enterprise is a corporation, by the principal officer designated by the Board of
Directors. All Applicants/Contractors MUST read and review all items preceding the
verification before signing. These items contain responsibilities of the Applicant, rights retained
by the State of New York and penalties that may be applied for false statements.
FIRST, this Utilization Plan form,the supporting documents and any other information provided
in support of the utilization plan are considered part of the Contract/Application. It is recognized
and acknowledged that the information contained in this Utilization Plan is given under oath and
that any misrepresentation made in this is subject to both the civil and criminal laws of the State
of New York.
SECOND, by filing this Utilization Plan,the Contractor/Applican.t consents to periodic
examination of its books, records, and an interview of its principals and employees by the
OMWEP for the purpose of determining the solicitation and utilization of certified Minority and
Worrman-Owned Business Enterprises.
THIRD, by filing this Utilization Plan , the Applicant/Contractor consents to inquiries that may
be directed by OMWBP to the Applicant's/Contractor's companies, banking institutions, credit
agencies, and contractors for the purpose of ascertaining the Applicant's/Contractor's payments
to subcontractors.
FOURTH, the Applicant/Contractor agrees to provide notice to ON WBP of any material change
in the information contained in the original application within 15 days of such change.
FIFTH, by filing this utilization plan, the Applicant/Contractor consents to OMWBP's sharing
reports, summaries, reviews, analyses, recommendations and determinations related to this
Utilization Plan with other state agencies, which may request such information as a result of the
Applicant/Contractor submitting this Utilization plan.
I have read and acknowledge the foregoing.
Signature of Owner/Applicant
;O?!��'7P;Srtmbe:1090
MONTHLY LIDO WORK FORCE ANALYSIS
Projec(Name
Contract Number As of
(Date)
Jot,T-olt Lai ar REO-1 Total htak Remak Tnul
Grade or Categnry Number W*ori*4
Satory (Sec Employees Tots) Caueaslan African Asian Aster, Itlslrank Total Caacasion Atriesa Asian Amari, tlispoaic
Cede Lackl American )ndian Amerisaa )nian
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;.Y IJ'YY;L' .'b ►,� ��1i�.]' 1"rdliu i' i' �iL;.'!UlU lh�l.11,1 u'i'�it�ii
Contract Name:- Contract No.:
Reporting Period: Fed Grant:#(if applicable)
Minority & Wecncn's Business Enterprise-Subcontracting Information
Name of M1WBE Firm Location of Dollar Value daft ofaward Total Dollar Product Prime
Address (include zip) Work of Amount Paid Code (P) or
and Federal ID dumber MBE WBE Performed Procurement MM/DDfYY this Quarter Sub-
Federal ID:
a
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Fedcral ID:
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FederaID:
NeTal 1D:
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Federal ID:
)MWBP 1/6148
requested information in the appropriate coluam. .
PRODUCT KEY CODE
A a Agrieulture![,andscaping(e.g.,all Forms of laAdsesFag services) .
B Mining(e.g.$geological �vestigstion) -
C = Construction
C t S BuM i'ng Construction•General Contractors
06 b a heavy Construction(c►&►W&MY,PiPeWYW
C17 Special T=&Contractors{e.g.,plumbing,beating,electrical.carpentry)
D Manufacturing
E Transportation,CowuWcation and Sanitary Services(e g.,delivery services,warehousing,
zbroadcasting and cage systeans)
W
a F/G = Wholesale/Retail Goods(e g.,gavel,hospital supplies and equipment, food stares,computer stores,
a office supplies)
a
052 = Construction Materiels(e.g.,lumber,paint,law supplies) .
H M Financial,Insurance and Real Estate Services
1 = Services
173 a Business Services(e.g.,copying,advertising,secretarial,janitorial,rental services of equipment,
computer programming,security services)
1811 Health Services
181 = ukai Services
192 = EducationslServices(e.g.,AIDS education,automobile safety,tutoring,public speaking).
t83 Social S yes(Cot mlots,voeafiorW training,child cane).
a
187 = Engine architectural,accounting,research,management and related services.
N
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nl. 29.4o FRI 13:51 FAX 457 9130 PROCUREMENT B1*U
Page 1
GOOD FAITH EFFORTS/AFFIRMATIVE ACTION STEPS
The grantee must make a Good Faith Effort and take Affirmative Steps when awarding,
a contract and/or subcontract. Good Faith Efforts will include but not be limited to:
A. Include certified Minority and Women Businesses on solicitation lists. Maintain an
updated list of certified MlWBE's published by the New York State Department of
Economic Development (NYSDED).
• Hold meetings with M[WBE associations and M/WBE media to inform these
groups of supplies, services and contracting opportunities.
• Conduct pre-bid, pre-solicitation and post-award conferences with
consultants/contractors, suppliers and builders to ensure solicitation of
MIWBE's.
• The grantees must provide bidders and proposers with listings of certified
M/WBE's.
• Advertise contracting opportunities in M/WBE focused and general circulation
media, trade and State Agency publications in a timely fashion, or at least 20
days before bids are due.
• Provide interested MIWBE's with timely, adequate information about plans,
specifications, timing and other requirements of a proposed project.
• Provide M/WBE trade organizations with summaries of contract opportunities
located within the Region.
B. Divide total requirements, when economically feasible into small tasks or quantities to
permit maximum participation of MIWBE's.
• Scrutinize the total project to develop economically feasible units of work that
are within the bonding range of M/WBE's.
• Analyze the projects to identify portions of work that can be contracted and
performed by certified Mf"E's.
• Analyze bid packages to ensure contracts are broken down in dollar amounts
and items, to afford maximum M/WBE participation.
n1 28 On FRI 13:51 FAX 0 457 9130 PROCUREMENT BTOU 12
Page Z
C. Establish del•,vcry schedules, where the requirements of the work permit, which will
enccuragc: 113r'Lic-palicn by M/WBE's.
• P: .:,..:.. lead rimes and project scheduling requirements to WWBE'S and
d;:..:e)op realistic delivery schedules that may provide for greater M/WBE
•
Notify MMBE's of future procurement opportunities so that they may establisb
bidding, solicitation and procurement plans.
D. Use the services and assistance of the OMWBP and NYSAED as appropriate.
• Use the services of outreach programs able to assist grantees/contractors to
recruit bonafide M/WBE's.
• Use the resources available to provide management, technical and financial
assistance to M/WBE's.
E. The applicant/grantee must require the consultant/contractor to carry out the affirmative
steps when awarding subcontracts.
•
The grantee must monitor the work in progress.to assess actual MIWBE
participation;
• The grantee must monitor and record contractor's and consultant's activities to
ensure that of conative steps are being utilized;
• For reasons other than completion of the job, notify the MBEO and OMWBP of
M/WBE's that are no longer participating in the project. This notification will
include a written explanation with supporting documexutation;
• assure that M/WBE's are solicited and that Solicitation Letter's (Attachment 6)
are sent by registered mail;
• Include with the solicitation letter a copy of the M/WBE Bid Proposal form
(Attachment 7) to facilitate the return of bid proposals from interested
M/WBE's;
• If goals cannot be attained because of M/WBE unavailability, the Prime
contractor may seek a waiver of the goal from the municipality. The Prime
contractor must verify unavailability by submitting an M/WBE Contractor
Unavailability Certification (Attachment 8);
of- 29- n0 FRI 13:52 FAX 457 9130 PROCUREMENT U 3
Page 3
• Ensure Chat plans, specifications and other documentation used to solicit
proposals for the performance of work or supply of materials will be made
available in sufficient time for review by prospective MIWBE's. It is
recommended that a minimum of 30 days lead time be employed to meet this
standard;
• Ensure that the subcontract terms and conditions offered to M/WBE's are
comparable tothose offend in the ordinary of the contractor's business and to
other subcontractors of the contractor.
• Encourage, where economically and technically feasible, the formation of joint
ventures, partnerships and other similar arrangements among contractors to
enhance participation by M/WBE's;
• Make efforts to ensure that progress payments to M/WBE's are made ou a
timely basis and with such frequency that undue financial hardship is avoided
and other credit requirements are'waived or appropriate alternatives are
developed to encourage M/WBE participation;
Maintain a telephone log of all M/WBE's solicited;
• Prepare written solicitations in a timely fashion of M/WBE's listed in the
directory of M/WBE's available from:
New York State Department of Economic Development
Division of Minority & Women's Business Development
One Commerce Plaza
Albany, New York 12247
Telephone: 518-474-1979
Fax: 518-473-0665
a.nd
Empire State Development Corporation
633 'Third Avenue
New York, New York 10017
Telephone: 212-8032414
Fax: 212-803-3223
Internet: http://www.empire.state.ny.us./mwb.htm
'29-'0o FRI 13:52 FAX 0 457 8130 PROCUREMENT BIOU �Jn11
Nage 4
F. TEC:liNICA)_. ASS)STANCE
Tl;k� SDEC Program Administrator and the OMWBP are available to provide
spec-c.i.l"ic guidrnic a on program requirements. The grantee's MBEO should avail
themselves `:o;., traiui ng, technical assistance and consultation to prime contractors and
their MBE ofhc.erm t,%arding the development of their M/WBE-EEO program.
Additionally: Ibc MBE0 is responsible to assist MME's seeking opportunities
created as a Yo%alt of the expenditure of public funds. They should provide Nlf BE's
with all pertimrt project information, such as, project availability and bidding
opportunities. 'Phis can be done by advertising, conducting prebid,.presolicitation and
post-award conferences, and by providing an updated list of certified M/WBE's to
prime contractors.
It will be the responsioility of the grantee to require prime contractors to develop
payment schedules with M/WBE's and monitor and mandate compliance with such
payment schedules. Any nonconformance to such payment schedules, or failure to
mandate conformance will be made known to the Program Administrator and the
OMWBP immediately.
G. PARTICIPATION OF M/WBE'S ON CONTRACTS - $10,000 OR LESS
in order to facilitate MIWBE participation on State assisted contracts, the procurement
of services of$10,000 or less may be made on the basis of a single solicited proposal if
the cost is reasonable. As a general rule, reasonableness of cost is determined in the
following ways:
• by comparing the solicited cost with the cost for the same or similar services
within the last six months;
• by comparing the cost with those of other prospective contractors;
• by comparing the solicited cost with prices listed in publications such as the
"Means Build Construction Cost Data" catalog;
• reviewing the type of work that was previously accepted by the NYSDEC at a
similar cost, or;
• by comparing the price of the product with the current market value of the
sarne product_
61 .28.•60 FRI 13:53 FAX 457 9130 PROCUREMENT U IM
Page 5
H.
QUALIFYING PAPERWORK
a). M/WBE--E10 Work Plan (Attachment 3)
Once the application is approved, grantees for State assistance monies axe
required to implement a comprehensive M/WBE-EEO Program and submit an
M/WBE-EEO Work Plan with supporting documentation, for review and
approval by the OMWBP.
The M/WBIEEO Work Plan must include the following three components:
1• FQtigy statemept
This is a statement which describes the intent of the recipient to develop
and implement a comprehensive M/WBE-EEO program pursuant to
Federal/State Law, Rules and Regulations.
2, Minorh BuSines§ Entern .so Offlc� (M E01
The grantee must designate an MBEO to coordinate implementation of
the M/WBE-EEO program. The MBEO will be au employee of the
grantee and will be subject to OMWBP approval.
The MBEO must be provided with the necessary operational resources,
in order to effectively administer the M/WBE program duties. The
MBEO's position is normally full time, except as otherwise authorized
by the OMWBP, and is an eligible cost under the Federal/state contract,
or grant. Therefore, it is recommended that the applicant/grantee hire an
individual with expertise in management and capable of providing
technical assistance to all parties involved.
3. PEcj ce t De;cried
The project description outlines the work items and the associated cost of
each contract anticipated in the project. This should consist of a
breakdown of the contracts by the work items and the engineer's
estimated costs.
nI 'MAM FRI 13:53 FAX 457 9130 PROCUREMENT B*t1 [�jn16
Page 6
b). m/WBE-LRO Utilization Plan (Attachment 4)
For each c,.mtract of the municipal project the MBEO is responsible for ensuring
that the cons} leted detailed MIWBE-EEO Utilization Plan from the prime
conti•actol is submitted to OMWBP. The MBEO must review the
documental ion submitted by the prime contractor and make a recommendation 40
to the OMWBP. Please note that the applicant/grantee is required to include
M WBE's 11r. the solicitation of Prime contractors. The OMWBP will review
the Utilization Plan, bave the MBEO correct or revise as necessary and then
provide final approval.
The Prime contractor's detailed M/BE-EEO Utilization Plan must be submitted
to the OMWBP following the award of the contract. The MBEO then monitors
the prime contractor to ensure that the Utilization Plan is being followed and to
assess actual MIWBE participation. The MBEO should assess and record
contractor's activities to ensure that affirmative steps and good faith efforts are
employed. The OMW13P will advise the MBEO of approval of the Utilization
Plan and copy the prime contractor.
I. THE PRIME CONTRACTOR'S RESPONSIBILITY
The prime contractor will utilize M/WBS's is all phases of contract work. In soliciting
M/WBE, the prime contractor must document good faith efforts toward meeting the
M/WBE-EEO program goals. In addition, contractor is responsible for complying with
the standard conditions as stipulated in Appendices A & B of the Agreement between
NYSUEC and the Grantee (which must be incorporated in all subsequent subcontract
agreements).
J. REPORTING REQUIREMENTS
a). Compliance Report
Grantees are required to submit contract compliance reports on the level of
achievements of the approved M/WBE-EEO program. A contract compliance
report will include, but not be limited to the following:
the percentage of completion of the project.-
names,
roject;names, addresses, municipality's project numbers, dates of execution and
dollar amount of all prime contractors/consultants and subcontractors;
1)1, 28,nn FRI 13:54 FA45; 9430 PROCUREMENT T U 1
Page 7
summary review of MPNBE accomplishments by the prime contractor;
• summary review of FEO compliance by the prime contractor and
subcontractors.
b). FEDERAUSTATE (Attachment 9)
The Federallstate assistance recipient must provide the ONMP with
accomplishment reports on a quarterly basis. Quarterly reports should include a
summary of MMBE activities and a review of progress being made toward
achieving the established M/WBE-EEO objectives. Quarterly reports are to be
submitted to the OMWBP within 15 business days of the cost of each State
Fiscal Year quarter: January 15, April 15, July 15 and October 15, respectively.
c). EQUAL EIAPLOYMENT-OPPORTUNITY COMPLIANCE (Attachment 5)
The municipality's prime contractors are required to submit a project work force
analysis and to implement an affirmative action program that provides for the
meaningful participation of minorities and women in the labor force of project
contracts. The Workforce Analysis Form must be submitted on a monthly basis
for the life of the project.
01.,28-nn FRI 13:54 FAX 457 9130 PROCUREMENT BU 1 018
INSTRUCTIONS FOR USING THE DIRECTORY OF CERTIFIED
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE
Address: http://Www.empire.state.ny.us
GENERAL SEARCH
On left hand side of screen double click on "ESD's Business Services"
Then double click on "Minority/Women's Business"
Arrow down to Search the Directory of Certified Minorty and Women Owned Business
Enterprises
Double click on Directory
If you want to do a specific search, scroll to bottom of page, click on Locate under "Start Search".
Type in name of company or other specific information, click on OK. This will bring up the
specific company you are looking for.
If you want to do a general search:
Arrow down to Region Section - ESD Economic Development Regions
In this section ALL is automatically selected in each region. To de-select you must hold the
Control button at click with the mouse on the ALL. If you wish specific counties within a region,
de-select the "ALL" for that region and select either one or multiple counties in that region (to
select more than one county in that region - hold the control button and click with the mouse on
each of the counties). Do this for each of the regions you wish to select specific counties. if you
do not want anything in any of the regions - be sure to de-select the "All" for that region.
Scroll down to Market Areas
If applicable click on an area
Scroll down to MBEMBE Selection
Click on a status
Scroll down to Produce/Service Selection
Click on desired selections
At Select Products/Services
Click on Product Code
Scroll down to START SEARCH and click OK
Use arrow key in box to scroll for desired Product/Service click on your choice
Scroll down to the bottom of the page and click on SEARCH
01 ,:9/00 FRI 13:55 FAX 457 9130 PROCUREMENT BT*U �ni9
If needed scroll down to bottom of page
Click on REPORT
Click on PRINT
If you have any questions please contact the M/WBE Office at (5 18) 457-0749.
01,'28 ,00 FRI 11:55 FAY. 457 9110 PROCUREMENT BVU Z020
INSTRUCTIONS FOR USING THE DIRECTORY OF CERTIFIED
MINORITY AND WOKEN-OWNED BUSINESS ENTERPRISE
Address: http://Www.empire.state.ny.us
SPECIFIC SEARCH
Scroll down to "Business Services"
Double click
On left hand side of screen, scroll down to "Minority/Women's Business"
Double click
Scroll down to Search the Directory of Certified Minority and Women Owned Business
Enterprises
Double Click on Directory
Scroll down to Region Section
If applicable click on an area
Scroll down to Re,ion Section
If applicable click on a more specific area
Scroll down to Market Areas
If applicable click on an area
Scroll down to MBE/WBE Selection
Click on a satus
Scroll down to Products/Service Selection
Click on desired selections
At Select Products/Services
Click on Product Code
Scroll down to START SEARCH and click OK
Use arrow key in box to scroll for desired Product/Service click on your choice
Scroll down to the bottom of the page and click on SEARCH
If needed scroll down to bot-torn of page
Click on REPORT
Click on PRINT
If you have any questions please contact the M/WBE Office at (518) 457-0749.
ni. 29- on FRI 17:55 FAX 457 9170 PROCUREMENT B[�II �Jn:l
INSTRUCTIONS FOR USING THE DIRECTORY OF CF1?TIFJED
MINORITY AND WOMEN-OWNED BI.JSINESS ENTERPRISE
Address: http-//www.empire.sEate.ny.us
GENERAL SEARCH
On left hand side of screen double click on "ESD's Business Services"
Then double click on "Minority/Women's Business"
Arrow down to Search the directory of Certified Minorite and Women Owned Business
Enterrp ises
Double click on Directory
if you want to do a specific search, scroll to bottom of page, click on Locate under "Start Search".
Type in name of company or other specific information, click on OK. This will bring up the
specific company you are looking for.
U you want to do general search:
Arrow down to Region Section - ESD Economic Development Regions
in this section ALL is automatically selected in each region. To de-select you must hold the
Control button 81 click with the mouse on the ALL, if you wish specific counties within a region,
de-select the "ALL" for that region and select either one or multiple counties in that region (to
select more than one county in that region - hold the control button and click with the mouse on
each of the counties). Do this for each of the regions you wish to select specific counties. If you
do not want anything in any of the regions - be sure to de-select the "All" for that region.
Scroll down to Market Areas
If applicable click on an area
Scroll down to MBE/WBE Selection
Click on a status
Scroll down to Products/Service Selection
Click on desired selections
At Select Products/Services
Click on Product Code
Scroll down to START SEARCH and click OK
Use arrow key in box to scroll for desired Product/Service click on your choice
Scroll down to the bottom of the page and click on SEARCH
01,,28,,00 FRI 13:56 FAX 457 9131 PROCUREMENT BU @jn2
If needed scroll down to bottom of page
Click on REPORT
Click on PRINT
If you have any questions please contact the M/WBE Office at (518) 457-0749.
i
X11 ZA On FRI 13:58 FAX 0 457 9133 PROCITREMENT B4011
�j1121
OGS announces the
Pro
To streamline both the way the State Office of General Services (OGS) establishes contracts and
the way we serve our customers, we are merging two procurement units in OGS. The newly
formed Procurement Services Group combines the Standards & Purchase Group (commodity
contracts) and the Services and Technology Group (service and technology contracts) To assist
our customers during this transition phase, we offer a few suggestions.
-y Visit our website at www.ogs.statemy.us for all of the latest information on OGS contracts
and our organizational changes Updates on our reorganization may be found under"What's
New and Interesting"on the Centralized Procurement page.
=� Use the comments/suggestions option on the first page of the website to keep in touch with us
via e-mail. Customer Input is particularly important to us during this reorganization period.
Increasing customer focus, in particular, is the driving factor in expanding the customer
services unit within the new structure
Know that your day-today contact with OGS will probably not change. That is, if someone in
OGS has been helping you with your contracting or purchasing needs, continue to talk to
them We plan to make this transition as seamless as possible.
-� Contact one office for all of your commodity, service and technology contract needs. If you
receive OGS contracts through the mail and are not getting the contracts your office requires,
contact our Customer Services Unit. Customer Services oversees the distribution of
contracts to both State and non-State agencies and also serves as the primary contact for
companies who want to bid on OGS contracts. Reach Customer Services by e-mail
(customer,serve@ogs.state.ny.us), fax(518/474-2437)or phone(518/474-6717).
Learn about some additional services we will be offering. Watch your mail and our website for
procurement training opportunities sponsored by OGS in 1998.
We would like to take this opportunity to thank everyone who provided input during the
reorganization planning stages. We are especially grateful to the Individual customers we tapped
for guidance and direction as we created our new structure. For your information, we are
providing our new organizational structure In chart format on the back of this notice. Our director
is Paula Moskowitz, formerly the Director of the Standards & Purchase Group. The Group
operates within the Information Technology and Procurement Unit in OGS, which is headed by
Deputy Commissioner Michael McCormack,
Our reorganization will be complete no later than June 1998. We are confident that our new
structure will enable us to better serve all of our customers: State agencies, non-State agencies
Eligible to use our contracts, and our essential vendor community.
Questions or concerns? Contact Customer Services at the numbers listed above.
OGS Procurement Services
responsive.....................competitive........................innovative
organization
Chart Procurement Services Group
f
Prvcu�em
Program Direction _ en'
Council Support
P. Moskowitz
M.fSe,ckley
� a
CUSTOM SER
CUSTOMER COMMODITIES
& ADMINISTRATION AND SERVICES
1
11 D. Ross P. D Addio
Information
Technology
� S.Nelson
Special —
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Programs
and Office
Support Office,Edu. Food l ul Transports- z
i +� �lCe and General Products .�
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Health Care Services lion Telecommu- i W
W lUo rit J.litarrlor+l R Bokus J.Gleason
Technology G..ikons
G.RAroo�e
(Internal)
G.Rickard
i
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Se+rrites lNateriala Automation _
J.� ESupplies, t o .t &Electronics
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R.Dubuc Printing Health Care BuildingVehicles J< asan#0890
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litdp A Long Electronics
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(External)
N.Soigl>atr p � Food Service Clothing S Energy IT
��rary 3 EQ�'& >=urniture Supplies& Consultant
Education services > sockar Services Services j
i Y WIMM" J. Helfartboc* S.PMW S.Caspa.
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i
I
•
New York State Department of Environmental Conservation AM
Division of Management & Budget Services
Bureau of Procurement Services, Room 686 -
Minority and Women's Business Programs
50 Wolf Road, Albany, New York 12233-5027 John P. Cahill
Commissioner
Phone: (518) 457-0749 FAX: (518) 457-9130
July 13, 1999
Ms. Jean W. Cochran
Supervisor
Town of Southold
53095 Main Road
Southold,New York 11971
Re: Contract No. C300485
Town of Southold Landfill Project
Landfill Closure Program
Minority and Women's Business Program
Dear Mr. Cochran:
The Office of Minority and Women's Business Programs has reviewed the workplan
submitted for the referenced project dated April 2, 1999. The policy statement, designation of
Mr. James McMahon as affirmative action representative and project description are acceptable
to satisfy the affirmative action workplan components of the application.
To remain in compliance with the contractual stipulation for Minority and Women
Utilization, Equal Employment Opportunity(M/WBE-EEO) the next requirement is to forward
an M/WBE-EEO Utilization Plan. The M/WBE-EEO Utilization Plan identifies those
M/WBE's solicited for participation, the type of work to be performed, and scheduled dates
for payment. Additionally, the Utilization Plan reports all work hours performed, including
minority and women employees.
The following comments are offered for your guidance in the implementation of an
acceptable and successful M/WBE Program, and in preparing an acceptable M/WBE-EEO
Utilization Plan.
• Outreach/Solicitation
The Prime Contractor/Municipality should undertake actions that assure the meaningful
participation of New York State certified MBE's and WBE's on every subcontract
associated with Federal/State assistance contracts, as well as to assure the meaningful
participation of minorities and in the labor force(EEO) associated with the Federal/
State assistance contract.
The Prime Contractor/Municipality should consider the following when soliciting
M/WBE's:
1. determine what components of the contract will be subcontracted and break
down the component elements into manageable and cost-effective segments;
2 utilize to the fullest extent possible the resources of local and State organizations
that provide services to the minority and women's business communities;
3. place advertisements/notices of solicitation in minority and women-focused
media; and
4. forward solicitation letters by certified return receipt mail, thereby encouraging
a response from those M/WBE's solicited. All solicitation letters must include
the bid date and a response due date, and should allow 15 business days before
responses are due.
NOTE: If you require assistance in obtaining the names of New York State
certified M/WBE's that specialize in the equipment outlined in your contract
documents, you may access the M/WBE directory via the Internet at:
http://.www.empire.state.ny.us or contact this Office.
• Bid Selection Considerations
In the bid selection process; please be reminded that in addition to cost considerations,
other factors such as past performance, availability, expediency, the responsibleness of
the lowest bidder, as well as the M/WBE Program guidelines should be taken into
consideration.
You should be aware that the procurement of construction, services, and supplies of
$10,000, or less from MBE's or WBE's can be made on the basis of a single-solicited
proposal if the price is reasonable. As a general guide, reasonableness of price can be
determined as follows:
1. by comparing the solicited price to the price of the same, or similar services
obtained within the last six months;
2. by comparing the price with other prospective contractors; or
3. by comparing the solicited prices to prices listed in publications, such as the
"Means Build Construction Cost Data" catalog.
You may also review the type of work that was previously accepted by the Department
at a similar cost. Reasonableness can be determined if the supplier can justify the price
of the product by the current market value of the same product.
• Qualifying Paperwork
To verify actual M/WBE participation, the following documentation should be collected
from the various contractors and consultants utilized on the project. This
documentation should include the following:
1. copies of legally signed and executed M/WBE subcontracts, representative of
the M/WBE goal amounts;
2. copies of legally signed and executed purchase orders, accompanied by copies of
both sides of legally signed and canceled checks;
3. notarized copies of affidavits of payments jointly signed by both the contractor
and subcontractor/supplier, indicating the type of business arrangement, dates
and amounts;
4. copies of documents that reflect your firm's actions in support of the M/WBE
program; and,
5. copies of documents that reflect the actions of your contractor's in support of
the M/WBE program.
• Reporting Requirements
The OMWBP is responsible for monitoring the contract for its duration. Your firm/
municipality must provide the OMWBP with timely updates and status reports of your
progress in achieving the M/WBE-EEO goals.
• Good Faith Efforts Documentation
Your firm/municipality must provide documentation of Good Faith Efforts, if you are
unable to attain the assigned M/WBE-EEO goals in their entirety. Good Faith Efforts
documentation must include the following:
1. the name, address and telephone numbers of M/WBE's that were directly
solicited along with a telephone log;
2. records showing M/WBE organizations and associations contacted;
0 0
s
3. advertisements in general circulation media, trade association publications and
minority and women-focused media;
4. documentation of proposals received from M/WBE firms;
5. negotiations with M/WBE firms from whom proposals were received; and,
6. statements of why agreements with M/WBE's were not reached.
The OMWBP will monitor the Federal/State assistance recipient's progress in meeting the
established goals throughout the project duration, and will provide the necessary technical
assistance to ensure the success of the program. Please be advised that failure to attain the
stipulated goal percentages, or to demonstrate documented Good Faith Efforts; will lead to the
withholding of progress payments, or other sanctions as provided by Federal/State Law until
effective remedial steps have been implemented.
If you need further assistance or clarification, please contact me at 518-457-0749.
Sincerely,
Brenda L. Moulhem
Supervisor, M/WBE Program
cc: L. Turner
P. Morrissette
C. Somers
J. McMahon
0
New York State Department of Environmental Conservation
Division of Management & Budget Services
Bureau of Procurement Services, Room 686
Minority &Women's Business Programs
50 Wolf Road, Albany, New York, 12233-5027
Office Number: (518) 457-0749
Fax Number: (518) 457-9130
John P. Cahill
Commissioner
December 18, 1998
Honorable Jean Cochran
Supervisor, Town of Southold
53095 Main Street
Southold, New York 11971
RE: Contract No. C300485
Southold Landfill
Landfill Closure Assistance Program
Minority and Women's Business Program
Dear Supervisor Cochran:
This is a follow-up to my conversation on December 5, 1998 with James Bunchuck of
your office. The Bureau of Minority and Women's Business Programs has been informed that
the Town of Southold is scheduled to receive assistance under the Landfill Closures Assistance
Program in this year's budget. According to Mr. Bunchuck, the construction phase of the
project has not yet begun and the project cost has increased to more than $5 million.
As a result, please submit a revised Minority and Women's Business Enterprise/Equal
Employment Opportunity (M/WBE-EEO) work plan because the work plan submitted in 1995 is
out of date.
This M/WBE-EEO work plan should include the following three elements: a policy
statement; the designation of an MBE Representative; and a project description. The Town of
Southold should submit the M/WBE-EEO work plan, with all other supporting documentation,
at the time of application to the program. A brief description of the three elements follows:
• Policy Statement
This is a statement that commits the recipient of the State assistance contract to carry out
the intent of New York State Executive Law, Article 15-A on activities financed by the
State assistance contract.
This statement should acknowledge the intent of the State assistance contract recipient to
develop a comprehensive M/WBE-EEO program that assures the meaningful
participation of minority and women's business enterprises in contracting. It also should
assure the meaningful participation of minorities and women in the workforce associated
with the project(s). The program applicant should develop this brief policy statement.
• Affirmative Action Representative
The local government official responsible for administering the approved comprehensive
Affirmative Action Program designates a person to serve as the Affirmative Action
Representative. This person may be the person who is the Authorized Representative,
or another person named by the governing body. The will of the governing body should
make the designation through resolution or other official means.
• Project Description
The program applicant is to identify the nature of the work involved in the project
funded by the State assistance contract. A brief description of the component parts of
the project to be funded will satisfy this element of the work plan. It is important that
the work of both the engineering and/or contract works be included in the project
description on the enclosed form. Also, please note that the M/WBE goals for the
project are:
MBE GOALS: 15%
WBE GOALS: 5%
MINORITY EMPLOYMENT GOALS: 10%
FEMALE EMPLOYMENT GOALS: 10%
Enclosed to this letter is a blank work plan form and a completed sample form. These
documents have been prepared for your convenience and to facilitate completion. Please
complete these components and return them to the Bureau when possible to avoid any delay in
the contracting process. If you have any questions on the above, or would like to arrange a
meeting to discuss your specific concerns, please call my office at (518) 457-0749.
Sincerely,
Patricia King
Enclosures Minority Business Specialist
PK:cLm
cc: B. Moulhem
D. Blackman
Town of Southold
UFFO(
+ JAMES BUNCHUCK Gy� P.O. Box 962
SOLID WASTE COORDINATOR y Z Cutchogue, New York 11935-0962
�y • !� Tel: (631) 734-7685
Fax: (631) 734-7976
dsw@town.southold.ny.us
SOUTHOLD TOWN
SOLID WASTE DISTRICT
December 10, 2003
Mr. Robert G. Terry
Terry Contracting and Materials '
840 West Main St. i
Riverhead, NY 11901
Re: 4d Quarter MWBE Report
Dear Mr. Terry:
Enclosed is a New York State Environmental Facilities Corporation Minority and Women's
Business (MWBE) quarterly report form. This must be completed to reflect MWBE payments for
the 4th quarter of this year(July through September). Ken Shider asked for this information from
back in September,but I inadvertently misplaced his request. I would therefore appreciate your
response at your earliest convenience.
Sincerely,
James Bunchuck
cc (letter only): Jim McMahon, M/WBE Officer, Town of Southold
Kenneth Shider, M/WBE Manager,New York State EFC
Is this a final report? Check one. QQARTERLY.REPORT
Yes ❑ ; - Of
No i ' 'SRF Project No, 1 -s i i 0-01
MUNICIPALITY'S'MINORITY AND WOMEN'S BUSINESS(MIWBE),QUARTERLY REPORT
The following information indicates the payment amounts made4o the contractor by the Town of Southold and payments made to the NYS certified M/ BE's
from the contractor on this project. The payments as shown made to them are in compliance with contract documents for the above referenced project:
PROJECTED START DATE 3/15/01 PROJECTED COMPLETION DATE 12/03 ACTUAL COMPLETION
Terry Contracting and
CONTRACTOR Ma f ori a 1 s, Tzar. CONTRACT NO./Description Cutcho gue LF Cap/Title 5 IST
QUARTER(Oct. 1 -Dec.31)
CONTRACT AMOUNT $5, 216, 3 6 6. 5 0* PAID TO CONTRACTOR THIS QUARTER 2 6 9, 5 3 2- 8 6 2nd QUARTER(Jan. 1 -Mar.31)
0 TOTAL PAID TO CONTRACTOR TO DATE 5., 0 7 6, 5 6 4. 6 7 3RO QUARTER(Apr. 1 -Jun. 30)
MBE Goal/Amount 15 %= $782, 454. 97 WBE Goal/Amount %= $2 8 0, 8 4 8. 3 2 XX 4' QUARTER(July 1 -Sept.30)
*Amount upon which M/WBE goals were calculated. Expected final contract amount (Check One)
�n"bt��at ;>[ � ,.3•, }��� �� .#, x..:.v-. a'� t °£-9 g«9. � .n--a x' s... .�r
_Active
_Inactive
_Complete
Active
`_Inactive
_Complete
_Active
Inactive
—Complete
_Active
_Inactive
_Complete
_Active
_Inactive
_Complete
_Active
_Inactive
—Complete
TOTAL
Date Name Title Signature
Is this a final report? Check one. QUARTERLY REPORT
Yes p Of
No p SRF Project No.
MUNICIPALITY'S MINORITY AND WOMEN'S BUSINESS(M/WBE),QUARTERLY REPORT
The following information indicates the payment amounts made to the contractor by the of and payments made to the NYS certified M/WBE's
from the contractor on this project. The payments as shown made to them are in compliance with contract documents for the above referenced project:
PROJECTED START DATE PROJECTED COMPLETION DATE ACTUAL COMPLETION
CONTRACTOR CONTRACT NO./Description IST QUARTER(Oct. 1 -Dec. 31)
CONTRACT AMOUNT PAID TO CONTRACTOR THIS QUARTER 2nd QUARTER(Jan. 1 -Mar.31) "
TOTAL PAID TO CONTRACTOR TO DATE 3RD QUARTER(Apr. 1 -Jun.30)
MBE Goal/Amount %= WBE Goal/Amount %= 4`" QUARTER(July 1 -Sept.30)
(Check One)
;m � ''f'gF !3' vVN
' im
V
,'x`'r ' t,. ,'. ,:{ Nz' ..1' .roe +433 . •n
WE 19
i
_Active
_Inactive
_Complete
_Active
_Inactive
_Complete
_Active
_Inactive
—Complete
_Active
_Inactive
Complete
Active
^_Inactive
_Complete
Active
Inactive
_Complete
TOTAL
Date Name Title Signature ,
New York Sta Pe •
ENVIRONMENTAL FACILITIES CORPORATION
Thomas J. Kelly,President
January 1, 2003
James McMahon
MBE Officer
Town of Southold
53095 Main Road
Southold, NY 1191
Re: New York State Environmental Facilities Corporation (NYSEFC)
Clean Water State Revolving Fund (CWSRF)
Project No. : 5110-01, 5110-04
Municipality: Town of Southold
MBE/WBE Quarterly Payment Report
Dear Mr. McMahon:
The New York State Environmental Facilities Corporation requires
borrowers to complete a quarterly report on the NYS certified Minority
and Women's Businesses (MBE/WBE) paid each quarter by contractors
pursuant to SRF-financed projects.
Please complete the enclosed MBE/WBE Quarterly Payment Report
forms for the first quarter which include the months of October through
December, 2002 and return them to our office by the 21st of January,
2003 . A form should be completed for each separate contract.
The report should reflect both payments made to the contractor(s)
from the municipality, and payments the contractor(s) have made to the
MBE and WBE subcontractors and suppliers. If there were no payments
made to MBE/WBE for the quarter, please indicate this by placing 11$0" in
the appropriate box.
If you have any questions or need additional assistance, please
contact this office at 1/800-882-9721.
Sincerely,
Kenneth Shider
M/WBE Manager
Enclosure
625 Broadway,Albany,New York 12207-2997
518.402.6924 • 800.882.9721
www.nysefc.org
New York State
ENVIRONMENTAL FACILITIES CORPORATION
Thomas J. Kelly,President
October 6, 2003
James McMahon
BE Officer
own of Southold
3095 Main Road
Southold, NY 1191
e: New York State Environmental Facilities Corporation (NYSEFC)
Clean Water State Revolving Fund (CWSRF)
Project No. : 5110-01,5110-04
Municipality: Town of Southold
MBE/WBE Quarterly Payment Report
Dear Mr. McMahon:
The New York State Environmental Facilities Corporation requires
orrowers to complete a quarterly report on the NYS certified Minority
and Women's Businesses (MBE/WBE) paid each quarter by contractors
ursuant to SRF-financed projects.
Please complete the enclosed MBE/WBE Quarterly Payment Report
orms for the fourth quarter which include the months of July through
September, 2003 and return them to our office by the 22st of October,
2003 . A form should be completed for each separate contract.
The report should reflect both payments made to the contractor(s)
from the municipality, and payments the contractor(s) have made to the
BE and WBE subcontractors and suppliers. If there were no payments
made to MBE/WBE for the quarter, please indicate this by placing 11$0" in
he appropriate box.
If you have any questions or need additional assistance, please
contact this office at 1/800-882-9721.
incerely,
� W .
1"t,4
Kenneth Shider
M/WBE Manager
Enclosure
625 Broadway,Albany,New York 12207-2997
518.402.6924 • 800.882.9721
www.nysefc.org
�o o�
JAMES BUNCHUCK P.O. Box 962
SOLID WASTE COORDINATOR CO = Cutchogue, New York 11935-0962
Oy �. Tel: (631) 734-7685
�Jf01 ��o Fax: (631) 734-7976
SOUTHOLD TOWN
SOLID WASTE DISTRICT
March 14, 2003
Kenneth Shider
Environmental Facilities Corporation
New York State DEC
625 Broadway— 8`h Floor Mailroom
Albany, NY 12207
Dear Mr. Shider:
Enclosed as you requested is the Contractor's quarterly report on MBE/WBE utilization
on the Southold Landfill Closure (Cutchogue, NY) covering activity through December
31, 2002.
Please let me know if you have any questions or need additional information.
Sincerely,
James Bunchuck
cc: Tom Maher, Dvirka and Bartilucci
Robert Terry, Terry Contracting&Materials
James McMahon, Southold Town M/WBE Officer
Is this a final report? Check one. QUARTERLY REPORT
Yes M Of
No SRF Project No.
MUNICIPALITY'S MINORITY AND WOMEN'S BUSINESS(MfWBE),QUARTERLY REPORT
The following information indicates the payment amounts made to the contractor by the of SOJ-HA O t and payments made to the NYS certified M/ BE's
from the contractor on this project. The payments as shown made to them are in compliance with contractdocuments for the above referenced project:
PROJECTE START DATE PROJECTED COMPLETION DATE °� 3 ACTUAL COMPLETION
I E��Y
CONTRACTOR ATE i LS do CONTRACT NO./Description a 0�0 7t 1 QUARTER(Oct 1 -Dec. 31)
CONTRACT AMOUNT 4/, ?q. PAID TO CONTRACTOR THIS QUARTER /�i '�'Q / 2nd QUARTER(Jan. 1 -Mar. 31)
�t TOTAL PAID TO CONTRACTOR TO DATE ��55a �70Z•yy 3RD QUARTER(Apr. 1 -Jun. 30)
°Z 5.3 i�iiy�760•� WBE GoallAmount a•y %: (06i q07 y. 3 4'" QUARTER(July 1 -Sept 30)
MBE Goal/Amount •/._
(Check One)
010n, iY-` ..pt:S��:na'•aYf+'. �3 •' 'YM'� }'Sr. -.•�'`GS
$ObCOItt�'HCtOt �„��e, r• .. ��
' �; .ir ,•' .� "''���'� .�sa�"x.o- 81t��,} X.�«oiC pl�s, a.
- r ,. Y�. .of
.. n ..a¢W, @ *�pa�:t i•�: .,,..�a• r'-,'._� :r... ;,.4 ,,,rrg,. ..
a' ? b•-�" u.v.�~ ...6.v 1
E 0 C d NTKAC7�N6 _Active - ,t
nJ
C G
/� N 9�� 7 y6".63 943,7116".(03
.�1ltC . x��e ,r•ia,7�o �b �
A MER I cM) ClI ST-•-IM0 _Active
> d
�R 0, v c rs gcomplete
t1�4 8 R c�0a<C f L AS>�G X Active
inactive
P/pic SuvPLy SNG =c�e /0(o,NaS33 /- Oa(J.6d �Sas� og
Active
—inacti.e
_
_Campkte
Active
inactive
_complete
Active
Inactive
_CauPieft
TOTAL2l 3 0 /3 6Z0."n7y5,ro3 98�7i
/Z /953
Date • Name u Title -~ Sign
� i,
1
• gUFFOL,�
� G
JAMES BUNCHUCK y� P.O. Box 962
SOLID WASTE COORDINATOR % = Cutchogue, New York 11935-0962
Oy !.F Tel: (631) 734-7685
�fOF �a� Fax: (631) 734-7976
SOUTHOLD TOWN
SOLID WASTE DISTRICT
September 24, 2002
Ken Shider
Environmental Facilities Corporation
New York State DEC
625 Broadway— 8th Floor Mailroom
Albany,NY 12207
Dear Mr. Shider:
Enclosed as you requested is the Contractor's report on MBE/WBE utilization on the
Southold Landfill Closure (Cutchogue,NY) covering activity through July 24, 2002.
Please let me know if you have any questions or need additional information.
Sincerely,
James Bunchuck
cc: Tom Maher, Dvirka and Bartilucci
Robert Terry, Terry Contracting&Materials
James McMahon, Southold Town M/WBE Officer
CONTRACTOR DETAILED EEO AND MBE/WBE WORK PLAN
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Consultant/Contractor Name Contractor Number
l/- 3oy6G/1
Address City State Zip Code
gyo wFs -r s 1-, 11901
Grantee Name Project/Grant
-7-6 wH 0 D Number
Address City State Zip Code
5� 09S A)1 N ,,C114D SOUTkG'GD by
Authorized Representative Title // Authorized Signature
Contract Description
PROJECTED EEO AND MBE/WBE CONTRACT SUMMARY
Percent Amount Percent No.of Work/Hours
Employees
1. Total Dollar Value 5. Total Number Employees/
of the Prime ;j��/��366.E Work Hours
• Contract
2. MBE Goal Applied _6, 6- Total Goal for Minority
to the Contract ��� /1y'760. Employees
3. WBE Goat Applied ?s V0 3/S 36 S.33 7. Total Goal for Female
to the Contract Employees 9 0 7
a. MBE/wsE 3 9 5 �, y30 izs..3
Combined Totals o � 8. CEO Coabined Totals
For the Office of Afrirmative Action Use Only
Work Plan Proposed Goals Dale Approved' Date Disapproved Initials
MBE(%) EEO-Minorities(%)
WBE(%) EEO-Minorities
/�j�
y �/ y366, Sp
♦1468/P0807004.dogR03) I-7
SECTION II- WBE INFORMATION: In order to Achieve the WBE Goals, WOMEN Firms are Expected to Participate in
the Following Manner:
Description of Work Projected WBE Paid to Percent Project
Quantities Involved Contract Amount Date Complete Completion
WBE Firm By WBE and Award Date Date
name: pL6 oe 6 Q QcAST/G Pi P£SO Pc,��,ZiciG
address: -)?o G F- JAJDV /PL' . /o — GAS oEA/7-5
city: 401- a /y - e'e 5/N CdArr'u'- $
'96A k ET
state/zip code: Ny I l '7 ��_ n.1J516N coMcoL Date.
telephone: / -S ZA 8'e.c
name: R iP P-4P, 2CA/6
address: t--'R n e-C S C t 5
�0 j Z/) Z 7-.- IZ@RO $
city:
state/zip code: �N C Date.
telephone: LTi du74�� S�2cacTU �5
name: Si %L[ /4J6 13,a S iN
address: 11'j Ho 1-'-s
city: L — 5.0 C. Or 95-7
state/zip code: S �G£ ` Date:
telephone: •
♦1314V�0412018.doc(R03) I_9
SECTION I -MBE INFORMATION: In order to Achieve the MBE Goals, MINORITY Firms are Expected to Participate in
the-Following Manner:
Description of Work Projected MBE Paid to Percent Project
Quantities Involved Contract Amount Date Complete Completion
MBE Firm By MBE and Award Date Date
name:CA&KAXI 4* - t�D P,6
address: oc 9,4k t3o7cls 200 G E o i,..l 6 2,4 NF 5 %u
2, 7
city: vo S6# c/Ty $ 1, 11 (o b. on 9y 3 7 ys�3
,o CcvYi os�T� I,
state/zipcode: /l Y /3 7 P Date:
telephone:
name: Ane e.(A,?,�Al Prop
address: P p /ob I � T/t✓<
city: —9A-tS i4F
state/zi code: /L/V 11361 Date:
telephone:
name:
address:
cit
state/zip code: Date:
telephone:
4 1314\M412018.doOR03) j-$
�oSUFFot,��o
JAMES BUNCHUCK
y a y� P.O. Box 962
SOLID WASTE COORDINATOR = Cutchogue, New York 11935-0962
Oy 1.1C Tel: (631) 734-7685
Fax: (631) 734-7976
SOUTHOLD TOWN
SOLID WASTE DISTRICT
November 4, 2002
Ken Shider
Environmental Facilities Corporation
New York State DEC
625 Broadway—8h Floor Mailroom
Albany,NY 12207
Dear Mr. Shider:
Enclosed as you requested is the Contractor's quarterly report on MBE/WBE utilization
on the Southold Landfill Closure (Cutchogue,NY) covering activity through October 4,
2002.
Please let me know if you have any questions or need additional information.
Sincerely,
ll ��'Jaames Bunchuck
cc: Tom Maher, Dvirka and Bartilucci
Robert Terry, Terry Contracting & Materials
James McMahon, Southold Town M/WBE Officer
CONTRACT O AND MBE/WBE
OR DETAILED EE WORK PLAN
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Consultant/Contractor Name Contractor Number
Address City State Zip Code
� � �/;, /% %�" jai✓l, � /��I� //>90
Grantee Nana ^ Project/Grant Number
�-�✓�C�
Address City State Zip Code
Authorized Representative Title _ Authorized Signature
f� //cam t✓�/ J�G"T 1 f'''��=i%• /�v ./ /,�r—�t��� �
Contract Description
PROJECTED EEO AND MBE(WBE CONTRACT SUMMARY
Percent Amount Percent No.of Employees Work/Hours
1. Total Dollar Value of 5. Total Number Employees/
the Prime Contract _ Work Hours .S 6
2. MBE Goal Applied to �S 3 X60 6. Total Goal for Minority </`
the Contract Employees /yyv
3. WBE Goal Applied to p 7. Total Goal for Female C
the Contract Em to ess -7`'
4. MBE/WBE
Combined Totals 27 7, �a�,/F5.s3 g EEO Combined Totals
For the Office of Affirmative Action Use Only
Work Plan Proposed Goals Date Approved Date Disapproved Initials
MBE(%) EEO-Minorities(%)
WBE(%) EEO-Minorities(%)
♦1314\P041201E.doc(R03) 1-7
_ i
SECTION I - MBE INFORMATION: In order to Achieve the MBE Goals, MINORITY Firms are Expected to Participate in
the Following Manner:
Description of Work Projected MBEPaid tProject
Quantities Involved Contract Amount o percent Completion
MBE Firm By MBE and Award Date Date Complete Date
name: ��-„,.�� �-�� ri�� <�� 9��,,' „j icxx t,. -✓
address: ,�-c r., ✓ y,�rE G, -M��.�
Citj� r� r $ //1� jou �z%�
state/zip /code: �.,�
/Y✓ T 77✓ Date:
tele hone: ,�5 Ll-;7-?„75;P-
address: /�>> /%i �� �� /✓- ��- ) }
CI /!iy !/.” Sf��C"Yr%"-' fr,/�✓J $ cam. L/�✓ « ,c/l� ;"�/✓
statelzi code: /?' //ski �-Ys ""���' Date:
tele hone: H < Z/-�«i z e7C/•G�. %r,,-�y�
name:
address:
city: $
. statelzi code: Date:
telephone:
•131AM412018.doc(R03) I_g
SECTION II-WBE INFORMATICIS: In order to Achieve the WBE Goals, WOMEN Firms are Expected to Participate in
the Following Manner:
Description of Work Projected WBE Paid to Project '
Quantities Involved Contract Amount Date Percent Completion
WBE Firm By WBE and Award Date Complete Date
address: i 7,;/
city:
state/zip code: Date:
telephone:
name:
address:
Cit
state/zipcode: "'F�/7,7-Z�'�' Date:
telephone: re-
name: t--//,rte, •sem
address:
cit ',
�J&�
state/zip code: �; rte- jam''`'`" Date:
telephone:
♦1314\F0412018.d0c(R03) 1-9
, ��SUFFO(,�►c
O �
JAMES C. McMAHON =� Gym Town Hall, 5309.5 Main Road
Administratory =� P.O.Box 1179
1, � Southold,New York 11971
Telephone (516)765-1892 �A • �`�
Fax (516)765-3136 't1Q1 �a0
TOWN OF SOUTHOLD
COMMUNITY DEVELOPMENT OFFICE
April 2, 1999
Ms. Patricia King
NYS Environmental Facilities Corporation
Division of Management & Budget Services
Bureau of Procurement Services, Room 686
Minority & Women's Business Programs
50 Wolf Road
Albany, NY 12205-2603
Re: Southold Landfill Closure Assistance Program (Contract 4C300485)
M/WBE-EEO Program
Dear Ms. King:
Please find the enclosed Affirmative Action Work Plan for the Town of Southold, in
reference to the capping and closing of the Southold Town Landfill.
Please give me a call if you have any questions on the enclosed.
Sincerely,
Ja McMahon
Town of Southold
Community Development Office
i
f •
• 1•'UWBE-EEO WORKPLAN
NEW FORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Grantee Project Number
Town of Southold
Address 53095 Main Road City Southold Zip Code 11971
Authorized Representative Jean W. Cochran Authorized Signature
Address 53095 Main Road Citysouthold Zip Code, 1971 Phone No. (516 )
765-1889
Minority Business Enterprise Officer Fax No.
James McMahon , Director of Program Evaluation ( 516 ) 765-1823
Project Description(Iist separate contracts & estimates)
Contract No. Description Estimate
Engineering - Pre-Construction $375 , 000
Engineering - Construction & Oversight $400 , 000
Iy/A Construction $6, 840, 000
PROJECTED EEO AND M/WBE CONTRACT SUMMARY
% Amount % NoJEmploy
1. Total Project Dollar 100 $7 , 615 , 000 6. Total Employees 100
Value 7. Total Minority
2. State Share 29 $2 , 000, 000 Employees/Goal 10
3. MBE Project Goal 15 $1 , 136 , 250 8. Total Female
4. WBE Project Goal 5 $ 380 , 750 Employees/Goal 10
5. M/WBE Totals $1 , 517 , 000 9. EEO Total 20
Combined Combined
OFFICE OF MINORITY & WOMEN'S BUSINESS PROGRAMS USE ONLY
Proposed Goals Date Approved Date Disapproved Initials
MBE(%) EEO-Minorities (%)
WBE(%) EEO-Women(%)
tWBP January 1998
Attachment 7
MINORITY AND WOMEN'S BUSINESS-EQUAL EMPLOYMENT
OPPORTUNITY PROGRAM WORKPLAN
Polity Statement
:IbA
The Town of Southold commits to carrying out the intent of the New York State
(Name of Municipality)
Executive Law, Article 1 S-A which assures the meaningful participation of minority ands!
women's business enterprises in contracting and the meaningful participation of
minorities and women in the workforce on activities financed by public funds. ,j•;;
Minority Business Officer
James McMahon is designated as the Minority Business Enterprise Officer
(Name of Designated officer)
responsible for administering the Minority and Women's Business-Equal Employment
Opportunity (M/WBE-EEO)program.
M/WBE Contract Goals
11216 Minority Business Enterprise Participation
--j-2/6 Women's Business Enterprise Participation
EEO Contract Goals
10% Minority Labor Force Participation
10% Female Labor Force Participation
(A thorized Representative)
Jean w. Cochran '?f
Title: Supervisor
Date: 4/1/99
O
OMWBP January 6, 1998
!• i�M
Town of Southold Landfill Closure Project
M/WBE-EEO Work Plan
March 1999
CONTRACTS:
Number/Types of Contracts Contract Breakdown (`A'=Actual; Amount
`P'=Planned
I Engineering- Design and
Specifications
• Closure Plan(A) S 85,000
Contractor: Dvirka and Bartilucci • Construction Specifications(P)
Contract#: 001 . Preparation of Bid Documents(P) $120,000
II Engineering—Construction Contract Needs Not Yet Determined
III General Construction
Contractor: Terry Contracting • Supply of Fill Material(A) $545,000
Contract#: 001
TOTAL: $ 750,000
. o�oS�FFoc,��oG
h� y
JUDITH T.TERRYo Town Hall,53095 Main Road
TOWN CLERK H P.O.Box 1179
v' Southold,New York 11971
REGISTRAR OFVITAL GE OFFICER STATISTICS O�� Fax(516)765-1823
RECORDS MANAGEMENT OFFICER Fax
`�►a Telephone(516)765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 8, 1995:
RESOLVED that the Town Board of the Town of Southold hereby adopts
the following amended Town of Southold Affirmative Action Plan, effective
August 8, 1995:
TOWN OF SOUTHOLD
AFFIRMATIVE ACTION PROGRAM
These guidelines have been prepared to assist the Town of Southold to better familiarize
themselves with good affirmative action practices and equal employment opportunities.
These guidelines should be used when adding staff personnel who are to be employed by
the Town of Southold.
The Town will comply with the following affirmative action and equal employment
opportunities provisions, as found in: Federal Executive Order No. 11246, as amended;
Title VI of the Civil Rights Act of 1964 as amended; Title VII of the Civil Rights Act of
1964, as amended, the Americans with Disabilities Act of 1990, as amended, 38 U.S.C.
4212 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, the Age
Discrimination Act of 1967 as amended, Section 503 of the Rehabilitation Act of 1973, as
amended, 42 U.S.G. 2000 a-d; Section 109 of the Housing and Community Development
Act of 1974 and NYS Executive Law, Article 15-A and all other New York State and
federal statutory and constitutional non-discrimination provisions.
AFFIRMATIVE ACTION OFFICER
For the purpose of the Town Program, the Supervisor will act as the Affirmative Action
Officer (AAO).
• THE AAO'S DUTIES WILL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING:
(a) Provide technical advice of Affirmative Action related issues and activities;
(b) Recommend procedural and policy changes to further the objectives of the Federal
Regulations governing Affirmative Action procedures;
c) Monitor compliance with all Regulations.
d) Coordinate Affirmative Action activities throughout the activity area;
e) Receive and act upon employee complaints of discrimination in accordance with the
complaint procedures described hereafter.
RECRUITMENT
When recruiting for a vacant Town position, the following Affirmative Action
procedures are suggested:
The Town shall maintain a broad based, aggressive recruitment program designed to
attract well qualified individuals. Special emphasis will be placed on locating minority
and female candidates, particularly for job categories where they are currently absent or
under represented.
Efforts will be made to locate and use those media which serve the minority, female and
handicapped staff will be encouraged to"actively participate in the recruitment and
promotion process.
Minority, female and handicapped staff will be encouraged to actively participate in the
recruitment and promotion process.
The Town is committed to exploring the feasibility of making the Civil Service process
more responsive to the problems of employing disadvantaged peoples.
The Town will review all publications and recruitment literature to assure that no
discrimination is implied through its contents. The phrase "Equal
Opportunity/Affirmative Action Employer" will appear on all employment advertising
and recruitment literature.
SELECTION/UPWARD MOBILITY
When selecting personnel for entry level and promotional positions, job qualifications
and ability will be the normal selection criteria. However, they will be especially aware
of minority and women candidates where suitable.
All hiring authorities will conduct interviews in an unbiased manner and will limit
questions to job-related factors ensuring selection on individual merit and eliminating
irrelevant considerations based on assumptions, generalizations and stereotypes about
minorities and women.
The Town will continue to encourage female an i staff to k
g d minority sta take course work
under the various educational programs available to improve their opportunities for
promotion and upward mobility.
ANALYSIS
The Town's AAO will develop and maintain a program to statistically monitor the sea
and ethnic composition for the existing staff, as well as to prepare information need for
evaluation and planning.
The Suffolk County Civil Service Department will be solely responsible to review the
assignment of salary grades to all proposed job titles to ascertain the appropriateness of
salary in terms of skills and experience required and to recommend warranted changes.
TRAINING
Where applicable, Affirmative Action principles will be included as part of the
curriculum in all training programs.
The Town will review their positions to determine what jobs might be filled by
individuals in accordance with Section 55-b of the Civil Service Law. This information in
accordance with the AAO, who in turn will notify the Civil Service Department for
their reference in placing qualified handicapped individuals.
THE PLAN
CONTRACT COMPLIANCE
The Town of Southold will ensure that non-discrimination clauses supporting the tenet
of Equal Employment Opportunity be included in all bid specifications, contracts, leases
and all_similar documents with out side agencies. Violations of the above statement will
be brought to the attention of the Affirmative Action Officer and the Town Attorney.
The Town will attempt to comply with the applicable Federal and State Laws regarding
Labor Standards and Contract Compliance as they specifically relate to Affirmative
Action procedures.
PROCESSING OF COMPLAINTS OF DISCRIMINATION
Any complaint concerning alleged unlawful discriminatory practice based on race, color,
creed, national origin or sex, affecting the employment or potential employment of any
individual under the Town of Southold may be heard through the following procedure,
in addition to or in substitution of the procedures provided by the State Law:
The aggrieved employee or employment candidate will send a written complaint to the
Affirmative Action Officer describing in detail the alleged discriminatory employment
incident. The complaint will be further researched through investigation of relevant
documents and conferences with all involved personnel. A finding will be made with
sixty (60) days.
If a resolution to the complaint is reached, the agreed upon appropriate action will be
implemented. The Affirmative Action Officer will be required to state in writing that
the complaint has been resolved to the satisfaction of all parties and describe the action
taken. This correspondence will be made available to the aggrieved employee,
employment candidate, or other governmental entity, or organization so requesting it.
If an agreement cannot be reached or implemented, the Affirmative Action Officer will
notify the involved parties of such in writing and advise them that the complaint can be
further pursued with Suffolk County's Human Rights Commission and with the State
Division of Human Rights. This complaint procedure in no way limits the employee's
rights to take his/her complaint to the County's Human Rights Commission and/or the
State Division of Human Rights at any time during the process.
ee
Judith Tom. GT�e/r�
Southold Town Clerk
August 9, 1995
I
w
•
1\1/N'VBE-EE0 WORKPLAN
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Grantee Project Number
Town of Southold
Address 53095 Main Road City Southold Zip Code 11971
Authorized Representative Jean W. Cochran Authorized Signature
Address 53095 Main Road CttySouthold Zip Code, 1971 Phone No. ( 5I6 )
765-1889
Minority Business Enterprise Officer Fax No.
James McMahon , Director of Program Evaluation ( 516 ) 765-1823
Project Description(list separate contracts do estimates)
Contract No. Description Estimate
Engineering - Pre-Construction $375 , 000
Engineering - Construction &. Oversight $400, 000
N/11 Construction
$6, 840, 000
PROJECTED EEO AND M/WBE CONTRACT SUMMARY
% Amount % No./Employ
1. Total Project Dollar 100 $7, 615 , 000 6. Total Employees 100
Value 7. Total Minority
2. State Share 29 $2 , 000, 000 Employees/Goal 10
3. MBE Project Goal 15 $1 , 136 , 250 8. Total Female
4. WBE Project Goal 5 $ 380, 750 Employees/Goal 10
S. M/WBE Totals $1 , 517, 000 9. EEO Total 20
Combined I ICombined
OFFICE OF MINORITY & WOMEN'S BUSINESS PROGRAMS USE ONLY
Proposed Goals Date Approved Date Disapproved Initials
MBE(%) EEO-Minorities (%)
WBE(°A) EEO-Women(%)
IWBP January 1998
o
r ' • Attachmrnt
MINORITY AND WOMEN'S BUSINUS-EQUAL EMPLOYMENT
OPPORTUNITY PROGRAM WORKPL4N
r
Polia Statement
The Town of Southoi a commits to carrying out the intent of the New York State
(Name of Municipality)
Executive Law, Article 15-A which assures the meaningful participation of minority and
women's business enterprises in contracting and the meaningful participation of
minorities and women in the workforce on activities financed by public funds.
Minority Business Q cer
James McMahon is designated as the Minority Business Enterprise Officer
(Name of Designated officer) '
responsible for administering the Minority and Women's Business-Equal Employment
Opportunity (M/WBE-EEO)program.
MME Contract Goals
15 %Minority Business Enterprise Participation
__L_6/* Women's Business Enterprise Participation
EEO Contact Goals
10% Minority Labor Force Participation
10% Female Labor Force Participation
(Authorized Representative)
Jean W. Cochran '7f
Title: Supervisor
Date: 4/1 /9q
O
'JMWBP January 6, 1998
Town of Southold Landfill Closure Project
M/WBE-EEO Work Plan
March 1999
CONTRACTS:
Number/Types of Contracts Contract Breakdown ('A'=Actual; Amount
`P' =Planned
I Engineering- Design and
Specifications
• Closure Plan(A) $ 85,000
Contractor: Dcirka and Bartilucci • Construction Specifications(P)
Contract#: 001 • Preparation of Bid Documents(P) $120,000
II Engineering—Construction Contract Needs Not Yet Determined
III General Construction
Contractor: Terry Contracting Supply of Fill Material(A) $545,000
Contract#: 001
TOTAL: $ 750,000
��SQFFOj�-C
O �G
JAMES BUNCHUCK �� y� P.O. Box 962
SOLID WASTE COORDINATOR y = Cutchogue, New York 11935
%O
Tel:(516) 734-7685
Fax:(516) 734-7976
SOUTHOLD TOWN
SOLID WASTE DISTRICT
FAX TRANSMITTAL
Number of pages including this sheet: 3
DATE:
TO: to tin �a �t FAX#: �lv q- 7,0 y S
FROM: _ ►'w► �—
MESSAGE: /
�/Av.n /✓�/+T �..I� �li� PG��'f/�I 4-!/a.r L� C/�/\(/G C�![�-�/
s lG - M
OF
CIA V'
For verification or questions please call 516-734-7685.
i N11WBE-EE0 WORKPLAN
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Grantee Project Number
Town of Southold
Address 53095 Main Road City Southold Zip Code 11971
Authorized Representative Jean W. CochranAuthorized Signature
Address 53095 Main Road City S o u th o l dZip Code 119 71 Phone No. S 516 )
765-1889
Minority Business Enterprise Officer Fax No.
James McMahon, Director of Program Evaluation ( 516 ) 765-1823
Project Description(list separate contracts &estimates)
Contract No. Description Estimate
-
Engineering - Construction $400, 000
N/A Sf11Z. cx r„�,j4d Construction 6 , 840, 000
PROJECTSD EEO AND M/WBE CONTRACT SUMMARY
o % NoJEmploy
1. Total Project Dollar 100 7, 615 , o 0 0 6. Total Employees 100
Value 7. Total Minority
2. State Share 29 $2 , 000, 000 Employees/Goal 10
3. MBE Project Goal gi, /0 $1 , 136 , 250 8. Total Female
4.
VIBE Project Goal�3;1 $ 380, 750 Employees/Goal 10
5. M/WBE Totals $1 , 517, 000 9. EEO Total 20
Combined Combined
OFFICE OF MINORITY& WOMEN'S BUSINESS PROGRAMS USE ONLY
Proposed Goals Date Approved Date Disapproved Initials
MBE(%) EEO-Minorities (%)
WBE(%) EEO-Women
tWBP January 1998
• •
Town of Southold Landfill Closure Project
M/WBE-EEO Work Plan
March 1999
CONTRACTS:
Number/Types of Contracts Contract Breakdown (`A'=Actual; Amount
IF=Planned
1) Engineering Design
and Specificaions
• Closure M"an(A)
Contractor: Dvirka and . Construction Specifications(P)o,,,,J j
Contract#:
Bartlluccl D _ _a fi0_ f n-d Duce „mu:-
ti�
2) General Construction
Contractor: Terry • Supply of Fill Material(A) $550,000(est)
Contracting S /S- C✓s' %G
Contract#:
y 00
TOTAL:
Atuchment 3
1
MINORITY AND WOMEN'S BUSINESS-EQUAL EMPLOYMENT x:
WORKPLANOPPORTUNITY PROrzRAM
Policy Statement
The Town of southo 1 d commits to carrying out the intent of the New York State
(Name of Municipality)
Executive Law, Article 15-A which assures the meaningful participation of minority and
women's business enterprises in contracting and the meaningful participation of
minorities and women in the workforce on activities financed by public funds.
Miners y Business Officer
James McMahon is designated as the Minority Business Enterprise Officer
(Name of Designated officer)
responsible for administering the Minority and Women's Business-Equal Employment
Opportunity(M/WBE-EEO)program. -
MJWBE Contract Goals
ti
"�_% Minority Business Enterprise Participation
r ? °/a Women's Business Enterprise Participation
EEn Contract Goals
10% Minority Labor Force Participation
10% Female Labor Force Participation
(Authorized Representative)
Jean W. Cochran
Title: supervisor
Date: 2-11-99
OMWBP January 6, 1998
•
JEAN W. COCHRAN
Supervisor
GREGORY F.YAKABOSKI �`1` Gy
TOWN ATTORNEY p Town Hall, 53095 Main Road
COD P.O.Box 1179
�y • Southold, New York 11971
Telephone(516) 765-1889
,' �a� Fax(516) 765-1823
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
TO: JAMES McMAHON, COMMUNITY DEVELOPMENT
DIRECTOR
JAMES BUNCHUCK, SOLID WASTE COORDINATOR
THOMAS MAHER, VICE-PRESIDENT, DVIRKA & BARTILUCCI
FROM: GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY
DATE: FEBRUARY 1, 1999
SUBJECT: CONTRACT NO. C300485
SOUTHOLD LANDFILL
LANDFILL CLOSURE ASSISTANCE PROGRAM
MINORITY AND WOMEN'S BUSINESS PROGRAM
Please review and offer any comments or information you might have
regarding issues raised by the following letter. Thanks.
GFY:ck
Att. �,
New York State Department of Environmental Conservation
Division of Management & Budget Services
Bureau of Procurement Services, Room 686 AM
Minority&Women's Business Programs
50 Wolf Road, Albany, New York, 12233-5027
Office Number: (518) 457-0749
Fax Number: (518) 457-9130
John P. Cahill
Commissioner
December 18, 1998
Honorable Jean Cochran
Supervisor, Town of Southold
53095 Main Street
Southold, New York 11971
RE: Contract No. C300485
Southold Landfill
Landfill Closure Assistance Program
Minority and Women's Business Program
Dear Supervisor Cochran:
This is a follow-up to my conversation on December 5, 1998 with James Bunchuck of
your office. The Bureau of Minority and Women's Business Programs has been informed that
the Town of Southold is scheduled to receive assistance under the Landfill Closures Assistance
Program in this year's budget. According to Mr. Bunchuck, the construction phase of the
project has not yet begun and the project cost has increased to more than $5 million.
As a result, please submit a revised Minority and Women's Business Enterprise/Equal
Employment Opportunity (M/WBE-EEO) work plan because the work plan submitted in 1995 is
out of date.
This M/WBE-EEO work plan should include the following three elements: a policy
statement; the designation of an MBE Representative; and a project description. The Town of
Southold should submit the M/WBE-EEO work plan, with all other supporting documentation,
at the time of application to the program. A brief description of the three elements follows:
• Policy Statement
This is a statement that commits the recipient of the State assistance contract to carry out
the intent of New York State Executive Law, Article 15-A on activities financed by the
State assistance contract.
IEC 2 1 Im
SUPERVISORS OFFICE
TOWN 0F SO U1 HOLD
This statement should acknowledge the intent of the State assistance contract recipient to
develop a comprehensive M/WBE-EEO program that assures the meaningful
participation of minority and women's business enterprises in contracting. It also should
assure the meaningful participation of minorities and women in the workforce associated
with the project(s). The program applicant should develop this brief policy statement.
• Affirmative Action Representative
The local government official responsible for administering the approved comprehensive
Affirmative Action Program designates a person to serve as the Affirmative Action
Representative. This person may be the person who is the Authorized Representative,
or another person named by the governing body. The will of the governing body should
make the designation through resolution or other official means.
• Project Description
The program applicant is to identify the nature of the work involved in the project
funded by the State assistance contract. A brief description of the component parts of
the project to be funded will satisfy this element of the work plan. It is important that
the work of both the engineering and/or contract works be included in the project
description on the enclosed form. Also, please note that the M/WBE goals for the
project are:
MBE GOALS: 15%
WBE GOALS: 5%
MINORITY EMPLOYMENT GOALS: 10%
FEMALE EMPLOYMENT GOALS: 10%
Enclosed to this letter is a blank work plan form and a completed sample form. These
documents have been prepared for your convenience and to facilitate completion. Please
complete these components and return them to the Bureau when possible to avoid any delay in
the contracting process. If you have any questions on the above, or would like to arrange a
meeting to discuss your specific concerns, please call my office at (518) 457-0749.
Sincerely,
/ I �r ,
Patricia King
Enclosures Minority Business Specialist
PK:cLm
cc: B. Moulhem
D. Blackman
J. Bunchuck, Town of Southold
• i
hIfNVBE-EEO WORKPLAN
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Grantee Project Number
Address City Zip Code
Authorized Representative Authorized Signature
Address City Zip Code Phone No.
Minority Business Enterprise Officer Fax No.
Ii Project Description(list separate contracts & estimates)
Contract No. Description Estimate
PROJECTED EEO AND M/WBE CONTRACT SUMMARY
Amount % NoJEmploy
1. Total Project Dollar 6. Total Employees
Value
z. State Share 7. Total Minority
Employees/Goal
3. MBE Project Goal 8. Total Female
4. WBE Project Goal Employees/Goal
i S. M/WBE Totals 9. EEO Total
Combined Combined
OFFICE OF MINORITY & WOMEN'S BUSINESS PROGRAMS USE ONLY
Proposed Goals Date Approved Date Disapproved Initials
MBE (%) EEO-Minorities -------------
(%)
WBE(%) EEO-Women(%)
�WBP January 1998
'o
Attachment]
r
MINORITY AND WOMEN'S BUSINE5c_EQUAL EMPLOYMENT
11111 EMPLOYMENT
_ - '.
OPPORTUNITY PROGRAM_WORKPLAN
policyStat;
A4
The commits to carrying out the intent of the New York State
(Name of Municipality) t!
Executive Law, Article 15-A which assures the meaningful participation of minority and
women's business enterprises in contracting and the meaningful participation of
minorities and women in the workforce on activities financed by public funds. .�17
Minority Aulness Officer
_ is designated as the Minority Business Enterprise Officer
(Name of Designated officer)
responsible for administering the Minority and Women's Business-Equal Employment
Opportunity (M/WBE-EEO) program.
M Contract Goals
% Minority Business Enterprise Participation
Women's Business Enterprise Participation
I'IF-n Contract Goals
10% Minority Labor Force Participation
10% Female Labor Force Participation
(Authorized Representative)
Title:
Date:
O
OMVIBP January 6, 1999
.f
SAN[PLI
er/Types of contracts Contract Breakdown Amount
.,oral Construct. Paving
$150.000
contract No. 1) Demolition 30.000
Paining 200.000 r<
Masonry 260.000
Miscellaneous Metals 50,000
Glazing 3.000
! Excavation and Backfill 210,000
Fencing 12,000
Concrete Finishing 20.000
Reinforcing Steel 240,000
Roofing 658,000
Waterproofing 30.000
S1,273,000
Elul Underground Duct Banks 110,000
(Contract No. 2) Equipment Supply 260,000
Lightening Protection 20-
390,000
H.V.A.C. Electrical Wiring 10,000
(Contract No. 3) Ductwork 45,000
Controls 25,000
Equipment Supply 60.M
140,000
P]uMb' Underground Piping 20,000
(Contract No. 4) Equipment Supply 25.E
45,000
Sewer Rehab Cleaning& TV Inspection 35,000
(Contract No. 5) Joint Testing & Sealing 45,000
Chemical Root Treatment 4,000
Manhole Rehabilitation, 8000
Excavation & Backfill 6000
Pavement Replacement 12.000
Material Supply I=
115,000
Sewer Rehab. Cleaning& TV Inspection 58,000
(Contract No. 6) Joint Testing & Sealing 126.000
Chemical Root Treatment 3000
Manhole Rehabilitation 15.000
Excavation & Backfill 3000
Pavement Replacement 2,800
Material Supply la
208,800
Total
MWBE January 199E S2,171
SAMPLE }.
Number/'Types of contracts Contract Breakdown Amount
'Oeneral Construct. Paving S 150,000.(Contract No. ) Demolition i30,000
Paining 12-00.000Masonry 260,000
Miscellaneous Metals 50,000
Glazing � 3.000
Excavation and Backfill 210,000
Fencing 12,000
Concrete Finishing 20,000
Reinforcing Steel 240,000
Roofing 658,000
Waterproofing 30.000
S1,273,000
Electrical Underground Duct Banks
(Contract No. 2) Equipment Supply 110,000
260.000
Lightenhig Protection 20.000
390,000
H.V.A.C. Electrical Wiring
(Contract No. 3) Ductwork 10'000
45,000
Controls 25,000
Equipment Supply 60-000
140,000
Plumbia& Underground Piping
(Contract No. 4) Equipment Supply 25-000
20'000
45,000
Sewer Rehab Cleaning& TV Inspection 35,000
(Contract No. 5) Joint Testing & Sealing 45,000
Chemical Root Treatment 4,000
Manhole Rehabilitation 81000
Excavation& Backfill 61000
Pavement Replacement 12,000
Material Supply
115,000
Sewer Reha►, Cleaning& TV Inspection 58,000
(Contract No. 6) Joint Testing & Sealing
126.000 ,
Chemical Root Treatment 3,000
Manhole Rehabilitation 15.000
Excavation& Backfill 3,000
Pavement Replacement 2,800
Material Supply LM
208,800
Total 52,171,000
MWBE January 1998
Jumber/Types of Contracts
Contract Breakdown Amount
()MVMP January 1998
o�oS�FFoc,��o
JAMES C. WMAHON h`Z` Gym Town Hall, 53095 Main Road
Administrator c :� P.O.Box 1179
W Southold,New York 11971
Telephone (516) 765-1892
Fax (516)765-3136
TOWN OF SOUTHOLD
COMMUNITY DEVELOPMENT OFFICE
MEMO
To: Jim Bunchuck
From: Jim McMahon
Subject: MBE/WBE Forms
Date: February 9, 1999
For your Information, I have attached the MBE/WBE forms that have submitted in the
past.
These numbers may need to be adjusted as the project progresses.
cc: Greg Yakaboski
•
SVFf�(� •
. ti�p`O C4Gy
JAMES BUNCHUCK Z P.O. Box 962
SOLID WASTE COORDINATOR y Z Cutchogue,New York 11935
Tel:(516)734-7685
Fax:(516) 734-7976
SOUTHOLD TOWN
February 6, 1998 SOLID WASTE DISTRICT
NEMORANDUM
TO: Jim McMahon
FROM: �im Bunchuck
SUBJECT: MBE/MWE Forms for Title 5 Landfill Closure Grant
Application
I am in the process of revising an application we submitted in
1995 under Title 5 Landfill Closure Assistance Grant Program to
request the full $2, 000, 000 which, based on revised closure cost
estimates, we are eligible to receive. I could use your help
with the MBE/MWE forms of the application, which appear to have
changed since our original application was completed and which
you will find attached. I have Completed portions of the forms I
felt I could handle, based on what you did in 1995. Could you
please complete the rest of the forms as appropriate? Not all
parts of them may be applicable right now, as we have not
identified contractors for the construction activities . However,
I am just not sure what can be filled in and what must wait. For
example, the section titled "Utilization Plan" - should that be
filled out by Dvirka & Bartilucci as the likely (at this moment)
overseers of construction or what?
I have enclosed the completed one-page form that was used in the
1995 application as a reference, with my mark-ups of the new $
figures . I still have the Affirmative Action Statement you
provided me last time, so we probably don' t need another one,
unless it has changed.
Thanks for your help. Let me know if you have any questions . I
want the TB to approve this application at their Feb. 19 meeting.
New York State Departme�f Environmental Conservation i
50 Wolf Road, Albany, New York 233
f
John P. Cahill
Commissioner
MEMORANDUM
TO: Potential Loan Applicants for Clean Water/Clean Air Bond Act of 1996
Loans
FROM: Patricia Ding, Minority Business Specialist
SUBJECT: Affirmative Action Program and State Assistance Application
DATE: August 28, 1997
Applicants for loans from the Clean Water/Clean Air Bond Act of 1996 are
required to implement a comprehensive Affirmative Action Program and to submit an
approvable Affirmative Action Workplan.
This Affirmative Action Workplan must include the following three elements:
a policy statement; the designation of an Affinnative Action Representative; and a
project description. The Affirmative Action Workplan, together with all other
supporting documentation, should be submitted along with other required
documents at the time of, or prior to, formal application to the program.
A brief description of the three elements are:
Policy Statement
A statement which commits the loan recipient to carry out the intent of
New York State Executive Law, Article 15-A on activities financed by the loan.
This statement should acknowledge the obligations of the loan recipient to
develop a comprehensive M/WBE-EEO program which assures the meaningful
participation of minority and women's business enterprises in contracting, and
the meaningful participation of minorities and women in the workforce(s)
associated with the project(s) to be financed.
Page 1 of 2
This brief policy statement should be developed by the program applicant and
approved by the appropriate governing body.
Affirmative Action Representative
The local government official responsible for administering the approved
comprehensive Affirmative Action Program must be identified.
This information is requested on page one of the Affirmative Action Workplan
form.
Project Description
The program applicant must identify the nature of the work involved in the
project to be financed. A brief description of the component parts of the
project to be financed will satisfy this element of the Affirmative Action
Workplan. This information is requested on page one of the Affirmative
Action Workplan form. Additional information regarding the nature of the
project should be indicated on supplemental document (page two).
Attached to this memorandum are workplan forms. These documents have
been prepared for your convenience and to facilitate completion.
If you have any questions on the above or would like to arrange a meeting to
discuss your specific concern, please call my office at (518) 457-0749.
Attachment
Page 2 of 2
M/WBE-EEO Utilization Plan
'ro be completed by each contractor/consultant and submitted to municipality and DEC for review.
Consultant/Contractor Name: Date:
Address: City: State: NY Zip:
Name and Title of Signature of Authorized
Authorized Representative: Representative:
Name and Title of Signature of M/WBE
M/WBE Representative: Representative:
Contract Description: Contract Number:
PROJECTED M/WBE AND EEO SUMMARY
Percent Amount Percent No. Work
Emp. Hours
1. Total Dollar value of the prime 100 % $5,800,0 6, Total No. Employees and 100%
contractvice/product provided workhours
2. MBE goal applied to the contract ° 6. Total goal for minority %
15 /O $870,000 employees.
3. WBE goal applied to the contract. ° 7. Total goal for female o
5 /o $290,000 /o
employees
4. M/WBE combined totals. 0 % 11, 160,0 S' EEO combined totals %
SECTION I--MBE INFORMATION In order to achieve the MBE goals, these minority forms are expected to participate in the
following manner:
Payment Contract
MBE FIRM Description of work to be done Projected Scheduled Contract Pa Y
by MBE contact amount contract Schedule completion
& award date start date date.
Name:
Address
ity Date:
ST/Zip
Phone
Name: $
Address
City Date:
ST/Zip
Phare
ame: $
Address
City Date:
ST/Zip
Phone
M/WBE-EEO Work Plan
Please complete this chart if your project's State Share request is more than $25,000.
Mur icipality:Town of Southold Application Date:
Address: 53095 Main Road City: State: NY Phone No.
Southold I Zip: 11944 1 (516) 765-1892
Name and Title of Jean W. Cochran Authorized Signature:
Authorized Representative: Supervisor, Town of
Southold
Address: 53095 Main Road City: State: NY Phone No.:
Southold Zip; 11944 (516) 765-1889
arae and Title of James McMahon Phone No.:
Affirmative Action Rep.: Director of Program Evaluatio (516) 765-1892
ncscription of Contract: State Aid (attach a copy of the project description from application)
Project Category: Check all that apply: Equipment purchase O Construction Ek Other(service) 6J Engineering Services
M/WBE AND EEO SUMMARY (Call 518-457-0749 for applicable percentages in #5, #6, #9, 410)
1. Total Value of Project $ 5,800,000
2. Dollar amount spent to $ Complete the items below if your
date by applicant project involves salary/employment % No. Of Emps.
costs:
3. Balance(subtract#2 $
from #1) fl
4. State Share of Balance $ 20008. Total number of employees working %
(50% of#3 above) . ,000 on this project
5. MBE Amount of 9. Total Goal for Minority Employees %
contract 100% $
6. WBE Amount of 100% $12,000,000 10. Total Goal for Women Employees %
contract
7. Total M/WBE Amount 100% $ 11. EEO Combined Totals %
of contract
SECTION I--WBE INFORMATION In order to achieve the WBE goals, these minority forms are expected to participate in the
following manner:
WBE FIRM Description of work to be done Projected Scheduled Contract Contract
by WBE contact amount contract Payment completion
& award date start date Schedule date.
Name: $
Address
City Date:
ST/Zip
Phone
Name: $
Address
City Date:
ST/Zip
Phone
Name: $
Address
City Date:
ST/Zip
Phone
JUN-08-1995 08: 11 NYS DEC 518 457 0342 P.05
t
AFFIRMATIVE ACTION WORKPLAN
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
tunicipality Project Number
Town of Southold
.ddress City Zip Coda
53095 Main Rd. Southold 11971
.uthorized Representative Authorized Signature
Thomas Wickham
.ddress City Zip Code Phone No.
53095 Main Rd. Southold 11971 (516)765-1889
.ftirmative Action Representative Phone No.
James McMahon (516)765-1892
Iroject Description (list separate contracts and estimates)
:ontract No. Description Estimata
PROJECTED. EEO AND MBE/WBE CONTRACT SUMMARY
Amount No./Empl..
Total Proj'eet S, Se'OOe'e5 S. Total Employee
Dollar Value 100 $2,265,000 TBD
MBE Applied 15 $ 6. Total Minority
Project Goal g'7�s, Employees Goal TBD
WBE Applied7. Total Female TBD
Project Goal 5 $ 50
MBE/WBE Com- '- �lp`� 8 . EEO Combined
bined Totals 20 $ . Totals TBD
FOR THE OFFICE OF ABFIPXATIVB ACTION USE ONLY
Proposed Goals ( Date Approved Date Disapproved Initials
EEO-Minorities(%)
BE(%) EEO-FTomen(>t)
MAR-•02-96 09: 38 FROM: � ID: ;3649045 PAGE 3/4
AFFIR.1IATIVE ACTION WOR PLAN
NEW 'iCAF STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
! KJA.Cipelity P►�;ec: �;�-t4-
Address City i Zip Code
Authorised Representative Authorized Signature
I
Address I City Zip Code Phoria No.
Attirmdtive Action Representative Phone No.
aon
ject Description ( list separate contracts 6 estimates)
tract No. ,� w c iption Estimate
PROJECTED EEO AND MBE/WBE CONTRACT SUMMARY
Amount No. /Empl .
I. Total Projsct S. Total Employees
D011ar Value �` �sv�rry
2 . MBE Applied � $hof 6. Total Minority
,Project Goal � Employees Coal ��?r
) .• WBE Applied ,j 7 . Total Female
Project Goal Sf ���°� ' Employees Goal
4 . MBE/WBE Com- S ., EEO Combined
biped Totals vZo Totals %.
AVAZAU OF MINORITY i 'WOM.EN'8 BUSINESS 410GRIX8 082 dN'LY
Proposed Goals Date Approved Date Disapproved Initials
MBE(t) EEO-Minorities(A)
W3E(4) EEO-Women(%)
BAA/Sar
- •'�
E-EEQ Natio N
' To be eomgdeted by each 1 arkaw'oilaat sod submit/ed4a -mad DEC for review. m
Opp
CWsukasacesh ad"Name: pate �
Addnax CEdf: State: Ry Zip: m
�a
Nate sld Tale of Sigastaa+e of Andmizd o
Elstio�ed .tatirs: s
Nam and Tme of S%ubW*of M/W1tBE
lV MSE Rep`"
tstiva e:
Bepr "tative:
C mart DaNumber.
j; C�as r.� v-- Coebsct Numbe
� sou
FIRUJILCTM M1WBE AND EEO SUMMARY
E Percent I Amount I I P.V.&MI t % w..a.
i f + E ifiours i
I. T*bd Dollar urine of the privet $- l �''d 5. Total No. Employees aid
csnftactviee/ dsct tiled � ' •• _
pn provided � wsrltbwra " i 0
o�
€ 2. IBE gosl Miid to tlr i % - Total got." t •
for mias � i M
s*r;► � lv i i � �
/ m
i WHIP. �! :�,;d to the castracc. � �, � ?. i eiai goai for female
.� iw
' i empic►ms /V �•
4. MfWBE corbiaed totals. * S. EEG Imm isd fatals
Zoe.
1/1/God ory
M
A
A
MAR-02-98 09: 35 FROM: I0: 5064SO45 PAGE 1/4
t '
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, effective December 14, 1994)
i MUNICIPAL LANOFILL CLOSURE
PROJECT WORK PLAN
FACILITY NAME A! ,g9,�
EXTENT OF WASTE DEPOSIT (ACRES)
FACILITY 100
FACILITY LOCATION
COUNTY
FACILITY OWNER
FACILITY OPERATOR p� SoC
CONTACT PERSON
ADDRESS
PHONE NO:
STAGE BEGIN DATE ENO DATE COST COST
, . ,y..- (�C,,,�•S7, .Tit' V �t'
Pe fAor.�th Cloture /02Iry
Investigation9 SI P� p �`3 EC
Prepare Closure POA Report �- POA •� PC 1'30, A-V EA
Prepare Closure Plan 9 _ Pk P A p/oa, YE/A
�T�"
Perform Vector
Remediation, if required 3i PA P A Z, A
Construct Leachate
Collection System, if
required P/A �,� P/A 1_ E/A
Construct Gas Venting Layer
and Gas Collection/Control
System �i(,* A r P A X/ A
Post-W Fax Note 7671
(9/90 To — G QC From Page 1B of 28
co.mept. co.
Phone A Phone M
Fax M Fax 0
MAR-02-S6 09: 37 FROM: is
ID: 5 49045 PAGE 2/4 .
MUNICIPAL LANOFILL CLOSURE
PROJECT WORK PLAM (cont.'d)
STAGE BEGIN DATE ENO GATE COST
Construct Barrier Layer „.VAj_&P AP A
J
Construct Barrier Protection
Layer ,-7/j A ..... A ° A
Construct Topsoil Layer 6A 6A
Establish Vegetative Cover A / P A
Prepare Construction
Certification Report !/ P A % A , ,,,SNA
Notes: P 2 Prospective
A 0 Actual
E a Estimated
(9/90) Page 29 of 2B
0R/17/1998 13:23 734797E LANDFILL PAGE 01
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9,Revised December 14 , 1994
and September 29, 1997)
MUNICIPAL LANDFILL CLOSURE .
PROJECT WORK PLAN
FACILITY NAME Tovn of Southold Landfill-
EXTENT
andfi 1EXTENT OF WASTE DEPOSIT (ACRES)
approx. 30
FACILITY IO#
FACILITY LOCATTLON
COUNTY
Suffolk
Tonin of Southold
FACILITY OWNER.
Tovn of Southold
FACILITY OPERATOR
CONTACT PERSON jades Bunchuck. for Jean__ennhran. Te�;ar visor
Southold Tom Solid Waste District, P.O. nox 962
ADpRF ` CutchOgUe N 11935
PHONE NO . (516) 734--7685
VZGIN DATE END DATE COST
STAGE (P/A) (P/A) (2/A)
Perform Closure 9/95 (A) 3/95 (A) $90, 000
Investigation.
Prepare Closure 1/96 (A) 12/97 . (A) $30,000 (A
Investigation Report
2/98 (A) 8/98 (P) $:100,000 (E)
Prepare Closure Plan
Perform Vector 3/99 (p ) 4/99 (P ) $10, 000 (E
Remediation; If required
Construct Leachate
NA NA
Collection System, .if NA
required
Construct Gas Venting
Layer and Gas 4/99 (P ) 5/99 (P) $1 . 70Q, 000 ( E)
' Collection/Control
System
"* Prepare Closure Investigation
Work Plan 11/94 )A) 3/95 (A) $10, 000 (A)
(8/97) Page: 1B of 2B
03/17/1998 13: 23 7347376 LANDFILL PAG 02
BEGIN DATE END DATE COST
STAGE (P/A) (P/A) (E/A)
COriStrUCt Barrier Layer 5/99 (P) 7/99 -(P) ;:1 , 550,000 ( E)
Construct Barrier 7/gg (P) 9/99 (P) 940, 000 ( E)
Protection Layer
9/99 (P) 10/99 (P) 660, 000 ( E)
Construct Topsoil Layer
Establish Ve- etative 10/99 (P) 11/99 (P) 660,000 ( E )
Cover
Prepare Construction 11/99 (P) 12/99 (P) 50,00 ( E )
Certi,f i,cat ion Report
Total $15, 800,000
Notes : P Prospective
A Actual
E = Estimated
(8/97) Page 2B of 2B
o��g�FFO��-coG
JAMES C. WMAHON �� 'l� Town Hall,53095 Main Road
Administrator CODy - P.O.Box 1179
Telephone(516)765-1892
Dy • Southold,New York 11971
Fax(516)765-3136 �a0
TOWN OF SOUTHOLD
COMMUNITY DEVELOPMENT OFFICE
MEMO
TO: J//YI -
FROM: Jim McMahon
Date:
For Your:
Approval & Signature
Revie Comments
reformation
Files
Please Return
Comments:
4 NEW YORK STATE DOARTMENT OF ENVIRONM&AL CONSERVATION
Bureau of Minority &Women's Business Programs,Room 557
50 Wolf Road,Albany, New York 12233-1030 �SH Dgy1s
Office Number: (518) 457-7187 -
Fax Number: (518) 485-7700 t , r 5
4g.-
WV 9 I
Michael D.Zagata
Commissioner
November 3, 1995
Mr. Thomas Wickham
Supervisor
Town of Southold
53095 Main Road
Southold, NY 11971
RE: Southold (T)
Landfill Closure Program (LCP)
M/WBE-EEO.Program
Dear Mr. Wickham:
We have reviewed the initial Minority and Women's Business Enterprise-Equal Employment
Opportunity(Nf/WBE-EEO)Program documents submitted by the Town as part of the Landfill Closure
Program(LCP) application. We are pleased to inform you that the municipal policy statement, preliminary
project description and your designation as the MBE Representative are acceptable for LCP purposes.
Please be advised that the minority/women's business enterprise (M/WBE) goals listed on the
Workplan should be adjusted to reflect the following:
15%Minority Business Enterprise Participation
5%Women's Business Enterprise Participation
Once the design work has been completed we ask that you send to this office a detailed project
description consisting of a breakdown of the contracts by their work items and associated costs.
To assist the Town with the necessary changes to be implemented, enclosed is a blank and a
sample copy of the Affirmative Action Workplan and Project Description.
f
2
Please contact our office at your earliest convenience so that we may discuss your role as the MBE
Representative in assuring the success of the M/WBE program. If you have any questions, please contact
this office at (518) 457-0749.
Sincerely,
Kenneth Shider
Minority Business Specialist
Enclosures
cc: C. Rivera
A. Muench
a
rff
LAURY L. DOWD = THOMAS H. WICKHAM
Town Attorneyy x Supervisor
Town Hall.53095 Main Road
*WA ao� P.O. Box 1179
�► Southold.New York 11971
Telephone(516) 765-1889
Fax(516) 765-1823
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
TO: Jim McMahon
FROM: Laury L. Dowd
DATE: November 20, 1995
RE: Landfill Closure Program, M/WBE Workplan
Attached please find correspondence from the DEC's Bureau of Minority & Women's
Business Programs regarding the submitted Workplan.
Please handle this request. If you have any questions let me know.
/rbw
cc: Jim Bunchuck
' NEW YORK STATE RPARTMENT OF ENVIRONM%TAL CONSERVATION
Bureau of Minority & Women's Business Programs, Room 557
50 Wolf Road, Albany, New York 12233-1030 Dgy�,r
Office Number: (518) 457-7187 i
Fax Number: (518) 485-7700 ;4
2
Michael D.Zagata
Commissioner
November 3, 1995
Mr. Thomas Wickham
Supervisor
Town of Southold
53095 Main Road
Southold, NY 11971
RE: Southold (T)
Landfill Closure Program (LCP)
M/WBE-EEO Program
Dear Mr. Wickham:
We have reviewed the initial Minority and Women's Business Enterprise-Equal Employment
Opportunity (M/WBE-EEO) Program documents submitted by the Town as part of the Landfill Closure
Program (LCP) application. We are pleased to inform you that the municipal policy statement, preliminary
project description and your designation as the MBE Representative are acceptable for LCP purposes.
Please be advised that the minority/women's business enterprise (M/WBE) goals listed on the
Workplan should be adjusted to reflect the following:
15%Minority Business Enterprise Participation
5%Women's Business Enterprise Participation
Once the design work has been completed we ask that you send to this office a detailed project
description consisting of a breakdown of the contracts by their work items and associated costs.
To assist the Town with the necessary changes to be implemented, enclosed is a blank and a
sample copy of the Affirmative Action Workplan and Project Description.
2
Please contact our office at your earliest convenience so that we may discuss your role as the MBE
Representative in assuring the success of the M/WBE program. If you have any questions, please contact
this office at (518) 457-0749.
Sincerely,
&ZI11A xwzc__�
Kenneth Shider
Minority Business Specialist
Enclosures
cc: C. Rivera
A. Muench
v F
SU CA-COG
t JUDITH T.TERRY c y�c Town Hall,53095 Main Road
TOWN CLERK coo P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICSMARRIAGE OFFICER Oy Fax(516)765-1823
RECORDS MANAGEMENT FFICER ( `��O Telephone(516)765-1800
FREEDOM OF INFORMATION OFFICER r4�
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 8, 1995:
RESOLVED that the Town Board of the Town of Southold hereby adopts
the following amended Town of Southold Affirmative Action Plan, effective
August 8, 1995:
TOWN OF SOUTHOLD
AFFIRMATIVE ACTION PROGRAM
These guidelines have been prepared to assist the Town of Southold to better familiarize
themselves with good affirmative action practices and equal employment opportunities.
These guidelines should be used when adding staff personnel who are to be employed by
the Town of Southold.
The Town will comply with the following affirmative action and equal employment
opportunities provisions, as found in: Federal Executive Order No. 11246, as amended;
Title VI of the Civil Rights Act of 1964 as amended; Title VII of the Civil Rights Act of
1964, as amended, the Americans with Disabilities Act of 1990, as amended, 38 U.S.C.
4212 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, the Age
Discrimination Act of 1967 as amended, Section 503 of the Rehabilitation Act of 1973, as
amended, 42 U.S.G. 2000 a-d; Section 109 of the Housing and Community Development
Act of 1974 and NYS Executive Law, Article 15-A and all other New York State and
federal statutory and constitutional non-discrimination provisions.
AFFIRMATIVE ACTION OFFICER
For the purpose of the Town Program, the Supervisor will act as the Affirmative Action
Officer (AAO).
•
THE AAO'S DUTIES WILL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING:
(a) Provide technical advice of Affirmative Action related issues and activities;
(b�, Recommend procedural and policy changes to further the objectives of the Federal
Regulations governing Affirmative Action procedures;
c) Monitor compliance with all Regulations.
d) Coordinate Affirmative Action activities throughout the activity area;
e) Receive and act upon employee complaints of discrimination in accordance with the
complaint procedures described hereafter.
RECRUITMENT
When recruiting for a vacant Town position, the following Affirmative Action
procedures are suggested:
The Town shall maintain a broad based, aggressive recruitment program designed to
attract well qualified individuals. Special emphasis will be placed on locating minority
and female candidates, particularly for job categories where they are currently absent or
under represented.
Efforts will be made to locate and use those media which serve the minority, female and
handicapped'staff will be encouraged to"actively participate in the recruitment and
promotion process.
Minority, female and handicapped staff will be encouraged to actively participate in the
recruitment and promotion process.
The Town is committed to exploring the feasibility of making the Civil Service process
more responsive to the problems of employing disadvantaged peoples.
The Town will review all publications and recruitment literature to assure that no
discrimination is implied through its contents. The phrase "Equal
Opportunity/Affirmative Action Employer" will appear on all employment advertising
and recruitment literature.
SELECTION/UPWARD MOBILITY
When selecting personnel for entry level and promotional positions, job qualifications
and ability will be the normal selection criteria. However, they will be especially aware
of minority and women candidates where suitable.
All hiring authorities will conduct interviews in an unbiased manner and will limit
questions to job-related factors ensuring selection on individual merit and eliminating
irrelevant considerations based on assumptions, generalizations and stereotypes about
minorities and women.
•
The Town will continue to encourage female and minority staff to take course work
under the various educational programs available to improve their opportunities for
` promotion and upward mobility.
ANALYSIS
The Town's AAO will develop and maintain a program to statistically monitor the seg
and ethnic composition for the existing staff, as well as to prepare information need for
evaluation and planning.
The Suffolk County Civil Service Department will be solely responsible to review the
assignment of salary grades to all proposed job titles to ascertain the appropriateness of
salary in terms of skills and experience required and to recommend warranted changes.
TRAINING
Where applicable, Affirmative Action principles will be included as part of the
curriculum in all training programs.
The Town will review their positions to determine what jobs might be filled by
individuals in accordance with Section 55-b of the Civil Service Law. This information in
accordance with the AAO, who in turn will notify the Civil Service Department for
their reference in placing qualified handicapped individuals.
THE PLAN
CONTRACT''COMPLIANCE
The Town of Southold will ensure that non-discrimination clauses supporting the tenet
of Equal Employment Opportunity be included in all bid specifications, contracts, leases
and all.similar documents with out side agencies. Violations of the above statement will
be brought to the attention of the Affirmative Action Officer and the Town Attorney.
The Town will attempt to comply with the applicable Federal and State Laws regarding
Labor Standards and Contract Compliance as they specifically relate to Affirmative
Action procedures.
PROCESSING OF COMPLAINTS OF DISCRIMINATION
Any complaint concerning alleged unlawful discriminatory practice based on race, color,
creed, national origin or sex, affecting the employment or potential employment of any
individual under the Town of Southold may be heard through the following procedure,
in addition to or in substitution of the procedures provided by the State Law:
The aggrieved employee or employment candidate will send a written complaint to the
Affirmative Action Officer describing in detail the alleged discriminatory employment
incident. The complaint will be further researched through investigation of relevant
documents and conferences with all involved personnel. A finding will be made with
sixty (60) days.
If a resolution to the complaint is reached, the agreed upon appropriate action will be
implemented. The Affirmative Action Officer will be required to state in writing that
the complaint has been resolved to the satisfaction of all parties and describe the action
taken. This correspondence will be made available to the aggrieved employee,
employment candidate, or other governmental entity, or organization so requesting it.
If an agreement cannot be reached or implemented, the Affirmative Action Officer will
notify the involved parties of such in writing and advise them that the complaint can be
further pursued with Suffolk County's Human Rights Commission and with the State
Division of Human Rights. This complaint procedure in no way limits the employee's
rights to take his/her complaint to the County's Human Rights Commission and/or the
State Division of Human Rights at any time during the process.
Judith T. erry�
Southold Town Clerk
August 9, 1995
JAMES RUNCHUCK P.O. Box 962.
SOLID WASTE COORDINATOR y Z Cul.chopue, New York 119:15
O • Tel: (516) 734-7665
y'1lpl jo Fax: (516) 734-7976
SOU'i'Hoj, TOWN
SOLID WASIrE DIS'VIU(71'
August 4, 1999
MEMORANDUM
TO: Greg Yakaboski
FROM: Aim Bunchuck
SUBJECT: Landfill Closure/Minority and Women Business Program
I am writing in response to your memo of July 23 concerning the status of the M/WBE-
EEO Utilization Plan for the landfill closure project.
Dvirka& Bartilucci has been charged with completing the plan on behalf of the Town. I
have forwarded the M/WBE-EEO guidance submitted to the Town by the DEC to Dave
Glass of D&B who has assured me it is being followed to the letter. They are working on
the Utilization Plan and will submit it to the Town as soon as it is finished.
I have also been in touch with Brenda L. Moulhem, Supervisor of the M/WBE Program
for the DEC to advise her of the status of the Utilization Plan. She is comfortable with
D&B's ability to implement an acceptable and successful M/WBE Program, and looks
forward to seeing the Plan as soon as it is available.
I will provide you with updates on our M/WBE Program as I receive them.
Please let me know if you have any questions.
cc: Jim McMahon, Affirmative Action Representative
JEAN W. COCHRAN
��SVFF�(�CO Supervisor
GREGORY F.YAKABOSKI �h`Z` Gy
TOWN ATTORNEY o < Town Hall, 53095 Main Road
ti = P.O. Box 1179
Dy �Pry Southold, New York 11971
Telephone (516) 765-1889
Fax(516) 765-1823
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
TO: JAMES BUNCHUCK, SOLID WASTE COORDINATOR
FROM: GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY
MARY C. WILSON, ASSISTANT TOWN ATTORNEY
DATE: JULY 23, 1999
SUBJECT: CONTRACT NO. C300485
LANDFILL CLOSURE PROGRAM
MINORITY AND WOMEN'S BUSINESS PROGRAM
Please provide a status report, as well as future up-dates, regarding the
forwarding of the M/WBE-EEO Utilization Plan to the DEC as noted in the
attached correspondence, dated 7/13/99, from Brenda Moulhem, Supervisor of
the M/WBE Program.
GFY:ck
Att.
cc: Supv. Cochran & Town Board
James McMahon, Community Development
r •
New York State Department of Environmental Conservatit
Division of Management & Budget Services
Bureau of Procurement Services, Room 686 -
Minority and Women's Business Programs
John P. Cahill
50 Wolf Road, Albany, New York 12233-5027 Commissioner
Phone: (518) 457-0749 FAX: (518) 457-9130
D)F N Cfg
July 13, 1999 JUL 19
T0WPQI AT
Ms. Jean W. Cochran
Supervisor
Town of Southold
53095 Main Road
Southold,New York 11971
Re: Contract No. C300485 - —
Town of Southold Landfill Project
Landfill Closure Program V V v 6 I999
Minority and Women's Business Program
SUPERVISORS OFFICE
Dear Mr. Cochran: TOWN OF SOUTHOLD
The Office of Minority and Women's Business Programs has reviewed the workplan
submitted for the referenced project dated April 2, 1999. The policy statement,designation of
Mr. James McMahon as affirmative action representative and project description are acceptable
to satisfy the affirmative action workplan components of the application.
To remain in compliance with the contractual stipulation for Minority and Women
Utilization, Equal Employment Opportunity(M/WBE-EEO) the next requirement is to forward
an M/WBE-EEO Utilization Plan. The M/WBE-EEO Utilization Plan identifies those —
/WBE's solicited for participation, the type of work to be performed, and scheduled dates
for payment. Additionally, the Utilization Pldn reports all work hours performed, including
minority and women employees.
The following comments are offered for your guidance in the implementation of an
acceptable and successful M/WBE Program, and in preparing an acceptable M/WBE-EEO
Utilization Plan.
Outreach/Solicitation
The Prime Contractor/Municipality should undertake actions that assure the meaningful
participation of New York State certified MBE's and WBE's on every subcontract
associated with Federal/State assistance contracts, as well as to assure the meaningful
s
10
participation of minorities and in the labor force(EEO) associated with the Federal/
State assistance contract.
The Prime Contractor/Municipality should consider the following when soliciting
M/WBE's:
1. determine what components of the contract will be subcontracted and break
down the component elements into manageable and cost-effective segments;
2 utilize to the fullest extent possible the resources of local and State organizations
that provide services to the minority and women's business communities;
3. place advertisements/notices of solicitation in minority and women-focused
media; and
4. forward solicitation letters by certified return receipt mail, thereby encouraging
a response from those M/WBE's solicited. All solicitation letters must include
the bid date and a response due date, and should allow 15 business days before
responses are due.
NOTE: If you require assistance in obtaining the names of New York State
certified M/WBE's that specialize in the equipment outlined in your contract
documents, you may access the M/WBE directory via the Internet at:
http://.www.empire.state.ny.us or contact this Office.
• Bid Selection Considerations
In the bid selection process; please be reminded that in addition to cost considerations,
other factors such as past performance, availability, expediency, the responsibleness of
the lowest bidder, as well as the M/WBE Program guidelines should be taken into
consideration.
You should be aware that the procurement of construction, services, and supplies of
$10,000, or less from MBE's or WBE's can be made on the basis of a single-solicited
proposal if the price is reasonable. As a general guide, reasonableness of price can be
determined as follows:
1. by comparing the solicited price to the price of the same, or similar services
obtained within the last six months;
2. by comparing the price with other prospective contractors; or
3. by comparing the solicited prices to prices listed in publications, such as the
"Means Build Construction Cost Data" catalog.
You may also review the type of work that was previously accepted by the Department
at a similar cost. Reasonableness can be determined if the supplier can justify the price
of the product by the current market value of the same product.
• Qualifying Paperwork
To verify actual M/WBE participation, the following documentation should be collected
from the various contractors and consultants utilized on the project. This
documentation should include the following:
1. copies of legally signed and executed M/WBE subcontracts, representative of
the M/WBE goal amounts;
2. copies of legally signed and executed purchase orders, accompanied by copies of
both sides of legally signed and canceled checks;
3. notarized copies of affidavits of payments jointly signed by both the contractor
and subcontractor/supplier, indicating the type of business arrangement, dates
and amounts;
4. copies of documents that reflect your firm's actions in support of the M/WBE
program; and,
5. copies of documents that reflect the actions of your contractor's in support of
the M/WBE program.
• Reporting Requirements
The OMWBP is responsible for monitoring the contract for its duration. Your firm/
municipality must provide the OMWBP with timely updates and status reports of your
progress in achieving the M/WBE-EEO goals.
• Good Faith Efforts Documentation
Your firm/municipality must provide documentation of Good Faith Efforts, if you are
unable to attain the assigned M/WBE-EEO goals in their entirety. Good Faith Efforts
documentation must include the following:
1. the name, address and telephone numbers of M/WBE's that were directly
solicited along with a telephone log;
2. records showing M/WBE organizations and associations contacted;
r
3. advertisements in general circulation media, trade association publications and
minority and women-focused media;
4. documentation of proposals received from M/WBE firms;
5. negotiations with M/WBE firms from whom proposals were received; and,
6. statements of why agreements with M/WBE's were not reached.
The OMWBP will monitor the Federal/State assistance recipient's progress in meeting the
established goals throughout the project duration, and will provide the necessary technical
assistance to ensure the success of the program. Please be advised that failure to attain the
stipulated goal percentages, or to demonstrate documented Good Faith Efforts; will lead to the
withholding of progress payments, or other sanctions as provided by Federal/State Law until
effective remedial steps have been implemented.
If you need further assistance or clarification, please contact me at 518-457-0749.
Sincerely,
;r *ak+V_Brenda L. Moulhem
Supervisor, M/WBE Program
cc: L. Turner
P. Morrissette
C. Somers
J. McMahon
HAP 13 '99 82:48F'11 WOLD TO1,111 HALL 516 765 1823 � P. 1
O`Oguf FD��c
JAMES C. McMAHON
Adminigtator Town Hall,53095 Main Road
P.O.Box 1179
Telcphone(516)765-1892 O Southold,New York 11971
Fax (516)765-3136
TOWN OF SOUTHOLD
COMMUNITY DEVELOPMENT OFFICE
MEMO
To: Jim Bunchuck
From: Jim McMahon
Subject: MBE/WBE Program
Date: March 18, 1999
Please give me a call if referece the following 4 pslges
s y 'HAR 18 '99 82:49RI-1 OTHOLD T014H HALL 515 765 1823 R.2
New York State Department of Environmental Conservation
Division of Management & Budget Services
Bureau Of Procurement Services, Room 686 y
Mlnority and Women's Business Programs
50 Wolf Road, Albany, New York 12233-5027 11
Phone: (518) 457-0749 FAX: (518) 457.9130 1 John P. Cahill
Commissioner
March 10, 1999 �
Honorable Jean Cochran
Supervisor, Town of Southold
53095 Main Street
Southold,New York 11971
RE: Contract No. C300419
TOWN OF SOUTHOLD RECYCLING
Municipal Waste Reduction &Recycling Program
Minority and Women's Business Program
Dear Supervisor Cochran:
The Office of Minority and Women's Business Programs has reviewed the project file regarding the
Recycling Program. It appears that the Town of Southold has not submitted a report of the accomplishments
of the M/WBE program.
If this project is completed we can close it out, but we need additional information from your
office.If this project Is still active we can update our files and help you with M/WBE compliance. In Either
case, it is imperative that we get your information as loon as possible.
Please submit the status report within 10 days of receipt of this letter. If you have any questions
regarding this request, please contact me at(518)457-0749.
Sincerely,
PK:cLm -Patricia King
cc: D. Blackman Minority Business Specialist
B.Moulhem
1U
MAR
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OV;?iq OF SQUT►,ULD
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Is the project completed/equipment purchased?
YES Date completed NO
%Complete as of Februaty 18, 1999
W4
•
If YES,which ones?
•
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•
If YES,which ones?
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•
Has the equipment been purchased as of February 19, 1999?
lif"I
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CONTRACTOR LIST
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• •w11AR 18 199 82'51FM THOLD T014.1 HALL 516 7F5 1923 P.5
PLXASE SUBMIT A STATUS REPORT CONTAINING THE FOLLOWING INFORMATION!
• A summary of the actual M/"E participation on each prime/consultant contract;
• Copies of legally signed and executed subcontract agreements containing dollar amounts
dates or; ,the scope of the work and
• If purchase orders were utilized, copies of legally signed and executed purchase orders accompanied by copies of
both sides of legally signed and canceled checks,
• Notarized copies of affidavits of payment(s), jointly signed by both the contractor and subcontractor/supplier
indicating the type of business arrangement,dates and amounts;
• Copies of any documents that reflect the h
actions of the Town of Cheektowaga to Support G g the M/WBE program;
• Copies of any documents that reflect the action of your contractor(s)in support of the M/WBE program,
T
v�gUfFO(,�c
JEAN W.COCHR.AN syn �Gy Town Hall, 53095 Main Road
SUPERVISOR P.O. Box 1179
Z Southold,New York 11971
Fax(516) 765-1823
'y� • O!� Telephone(516) 765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
March 19, 1998
Norman Nosenchuck, Director
NYS DEC Division of Solid Waste
50 Wolf Road
Albany, NY 12233-4010
Re: Town of Southold Landfill Closure Assistance (Title 5 Grant) - Phase II Closure
Dear Mr. Nosenchuck:
Enclosed please find our application (original and one copy) for state assistance for landfill closure
under Title 5, Article 54, Environmental Conservation Law.
The project described herein is the capping of the Southold Town Landfill in Cutchouge, NY,
pursuant to the Stipulated Agreement between the Town and NYSDEC of October 4, 1994.
This should be considered a Phase II Landfill Closure application. The Town has already been
notified that it will be awarded $1,132,500 (50%)under Title 5 for an alternative closure plan
included in an earlier application(August 15, 1995). That plan was ultimately not accepted by
DEC. The current closure plan, which meets standard Part 360 requirements, is estimated to cost
$5.8 million. This application, therefore, seeks additional grant monies up to the full $2,000,000
limit under Title 5.
I look forward to hearing the results of your review of this application at your earliest
convenience. Please do not hesitate to call me if you have any questions.
Sincerely,
Jean W. Cochran
Supervisor
/rbw
Enclosures
cc: Tony Cava, NYSDEC Region 1
t
OL
If a municipa ity is applying for State assistance to close a phase, that phase must
{"00f. =;! not be contiguous to any other landfill waste mass (see the PHASED CLOSURE
EXAMPLES sheet enclosed in the application kit). A landfill closure site, even if
made up of multiple phases, is not eligible for more than a total of$2 million in
State assistance under this program. If State assistance is approved for a phase, all
subsequent phases of the landfill closure site must be closed in accordance with
the regulations for new facilities set forth in the 6 NYCRR Part 360 in effect six
months before the phase become inactive. Paragraph 360-1.7(a)(2), Transition,
cannot be used to lessen these closure requirements.
VI. Application Preparation Contents
A blank application form is included in this Application Kit. Fill it out in its entirety,
typing or neatly printing in black ink. The following documents must be included with
the completed application form:
1. A copy of the closure investigation report which has been prepared for the
landfill closure site. This report must comply with the Part 360 regulations
(6 NYCRR Part 360) for new facilities which are in effect six months prior
to submission of this application. Paragraph 360-1.7(a)(2), Transition, of
the regulations cannot be used to lessen the requirements for this report.
If the closure investigation report is found to be not acceptable, the State
assistance application will be rejected. In that case, a new closure
investigation report must be submitted and then a new State assistance
application must be submitted. It is recommended that the applicant meet
with Department staff prior to the start of the closure investigation to discuss
exactly that will be needed in the investigation report.
2. If applicable, a copy of correspondence from the Department verifying that
the closure investigation report has been approved.
3. A copy of the administrative order, court order or permit containing the
obligation to close the landfill closure site by a specific date.
4. A MUNICIPAL LANDFILL CLOSURE PROJECT WORK PLAN which
lists the tasks included in the closure project, a timetable for the completion
of each task and the cost of each task. A work plan form is included in this
Application Kit. On this form, enter the begin and end date for each task
and indicate whether dates are prospective or actual by circling either P or
A. Also enter the cost of each task and indicate whether that figure is
estimated or actual. If a listed task is not included in your closure project,
indicate on the form that the task is not applicable. If any additional tasks
must be added, include them (along with the begin date, end date and cost
information) at the end of the form or on an attached sheet of paper. Any
tasks for which you are seeking State assistance must be included in this
project work plan.
(8/97) Page 5 of 7
5. A copy of the resolution, certified by the recording officer, giving the
governing body's authorization for submission of the application. This must
including the name and title of the individual who is authorized to represent `
the municipality in connection with the application and who will sign the
application. A sample resolution is included in this Application Kit for
reference.
6. A statement that the landfill closure site is not currently Classification 1 or r/
Classification 2 according to the Registry. If the landfill closure site is not
currently Classification 2a according to the Registry, this fact must also be
included in the statement. This statement must be signed by the individual
authorized to sign the application.
7. A statement that a complete reclassification investigation has been
submitted to the Department if the landfill closure site is Classification 2a
according to the Registry. This statement must be signed by the individual
authorized to sign the application.
8. An affirmative action work plan which details the applicant's commitment to
the affirmative action program. This must include a designation of an
affirmative action representative, a municipal polity statement and a project
description. See the two AFFIRMATIVE ACTION REQUIREMENTS
enclosures included in this Application Kit for a complete description of
what must be included.
9. A statement that the landfill closure project area will not have a landfill
constructed on it. This statement must be signed by the individual
authorized to sign the application.
10. A statement that post-closure monitoring and maintenance of the landfill
closure site will be implemented in accordance with Subdivision 360-
2.15(i), Post:Closure Operation and Maintenance, of the Part 360
regulations. This statement must be signed by the individual authorized to
sign the application.
Submit the complete original application package and one copy of the complete
application package to:
Director
Division of Solid & Hazardous Materials
Attn: Landfill Closure Assistance Program
NYSDEC
50 Wolf Road
Albany, New York 12233-7250
(8/97) Page 6 of 7
State Assince Municipal Landfill Cltre Program
(6 NYCRR Subpart 360-9,Revised December 14 , 1994
and September 29, 1997)
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN
FACILITY NAME Town of Southold Landfill
EXTENT OF WASTE DEPOSIT (ACRES)
approx. 30
FACILITY ID#
FACILITY LOCATION County Rd_ 4R' Cutchoaue. NY
COUNTY Suffolk
Town of Southold
FACILITY OWNER
Tovn of Southold
FACILITY OPERATOR
CONTACT PERSON James Bunchuck, for Jean Cochran, Tnvn s»=Prvisor
ADDRESS Southold Tovn Solid Waste District, P.O. Box 962
Cutchogue,NY 11935
PHONE NO. (516) 734-7685
BEGIN DATE END DATE COST
STAGE I (P/A) (P/A) (E/A)
Perform Closure 9/95 (A) 3/95 (A) $90, 000 th
Investigation
Prepare Closure 1/96 (A) 12/97" (A) $30, 000 (A
Investigation Report
2/98 (A) 8/98 (P) $100,000 (E)
Prepare Closure Plan
Perform Vector 3/99 (P) 4/99 (P) $10,000 (E
Remediation, if required
Construct Leachate
Collection System, if NA NA NA
required
Construct Gas Venting
Layer and Gas 4/99 (P) 5; 99 (P) $1 , 700,000 ( E)
Collection/Control
System
** Prepare Closure Investigation
Work Plan 11/941 (-A) 3/95 (A) $10,000 (A)
(8/97) Page 1B of 2B
r A
BEGIN DATE E ATE COST
STAGE (P/A) (P/A) (E/A)
Construct Barrier Layer 5/99 (P) 7/99 (P) $1 , 550, 000 (E)
Construct Barrier 7/99 (p) 9/99 (p) 940, 000 (E)
Protection Layer
Construct Topsoil Layer 9/99 (P) 10/99 (P) 660, 000 (E)
Establish Vegetative 10/99 (P) 11/99 (P) 660,000 (E)
Cover
Prepare Construction 11/99 (P) 12/99 (P) 50, 000 (E)
Certification Report
Total $5, 800, 000
Notes : P = Prospective
A = Actual
E = Estimated
(8/97) Page 2B of 2B
Applicatio*r State Assistance Under a New York State
Landfill Closure State Assistance Program
Pursuant to Title 5, Article 54 and Title 4 of Article 56
of the Environmental Conservation Law
(Please type or neatly print in black ink)
NAME OF APPLICANT (Municipality) Town of Southold
POPULATION OF MUNICIPALITY 21 ,000
(based on the most recent "Census of Population [New York] , "
United States Department of Commerce, Bureau of Census)
Suffolk
COUNTY
T*vn of Sotithold Landfill
SITE NAME
SITE LOCATION County Rd. 48, CutchoQue, NY
OBLIGATION TO CLOSE Stipulation of Settlement
(reference and attach copy of administrative order, court order
or permit containing obligation to close the landfill closure
site by a specific date)
INDIVIDUAL. AUTHORIZED TO SIGN .THIS APPLICATION
Name Jean W. Cochran
Title Supervisor, Tovn of Southold
Address 53095 Main Rd. ,
City -- Southold State NY
Zip Code 11971
Phone No: (516) 765-1889
(include area code)
OFFICIAL_TO_NKOM_ PAYMENT CHECKS ARE TO BE MAILED
Name -John Cushman
Title Town Accountant, Town of Southold
Address 53095 Main Rd.
City Southold State NY
Zip Code 11971
Phone No. : (516) 765-4333
(include area code)
(8/97) lA of 3A
CERTIFICATION: The undersigned does hereby certify that the
` information contained in this application and in the
attached certified copies of resolution (s) , other
statements, and exhibits is true, correct, and complete to
the best of his or her knowledge and belief, and further
that any and all statements, data, and supporting documents
which have heretofore been furnished for the purpose of
receiving New York State assistance for the landfill closure
funding described herein are attached hereto in full .
� A A?
Si ature of individual authorized D to
to sign application
Name Jean W. Cochran
(typed or neatly printed in black ink)
Title Supervisor, Tovn of Southold
(typed or neatly printed in black ink)
Submit the original and one copy of the completed
application package to:
Director
Division of Solid & Hazardous Materials
Attn: Landfill Closure Assistance Program
50 Wolf Road
Albany, New York 12233-7250
Also, submit one copy of the completed application package
to the NYSDEC Regional Solid & Hazardous Materials Engineer
at the appropriate regional headquarters (as shown on the
map of DEC regions included in the Application Kit) .
(8/97) 3A of 3A
New York State Department of Environmental Conservation _
P v
Buildng 40-SUNY, Stony Brook, New York 11790-2356
Phone (516)444-0375 _
Fax (516)444-0231
John P.Cahill
Acting Commissioner
December 19, 1997
The Honorable Jean W. Cochran
Supervisor, Town of Southold
Town Hall, 53095 Main Road
Southold,NY 11971
Dear Supervisor Cochran:
The New York State Department of Environmental Conservation(The Department)is in receipt of the
revised Section 8.0(Conceptual Closure Plan) of theTown of Southold Closure Investigation Plan for the
Cutchogue landfill.Based on a review of this report,the Department agrees that this conceptual plan
addresses the technical comments provided by the Department by our letter date June 20, 1997 and meets the
closure requirements of 6NYCRR Part 360 Subdivision 360-2.15. This conceptual plan may be incorporated
in your final Closure Investigation Report and capping design for the Cutchogue landfill.
If you have any questions concerning this matter, please call me at the above telephone number.
Sincerely,
Mathew Eapen
Environmental Engineer I
cc: D. Ramrakhiani
M. Treers, Central Office
File 52S17.
• •
FO�,�c
O
ELIZABETH A.NEVII.LE h`t` Gy Town Hall,53095 Main Road
TOWN CLERK p P.O. Box 1179
CA Z Southold, New York 11971
REGISTRAR OF VITAL STATISTICS Oy �� Fax (516) 765-1823
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER Telephone(516) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THE FOLLOWING RESOLUTION WAS ADOPTED BY
THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON
FEBRUARY 19, 1998:
RESOLUTION - FEBRUARY 19, 1998
RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE
ASSISTANCE FOR LANDFILL CLOSURE PURSUANT TO TITLE 5 OF ARTICLE 54 OF
THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW.
WHEREAS, the Town of Southold, herein called the "Municipality"
has hereby determined that certain work, as described in the state
assistance application and any amendments thereof, herein called the
"Project", is desirable and in the public interest; and
WHEREAS, Title 5 of Article 54 of the Environmental Conservation
Law authorized state assistance payments to municipalities for
closure of municipal landfills by means of a written agreement and
the Municipality deems it to be In the public interest and benefit
under this law to apply therewith;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of
Southold:
1 . That Jean W. Cochran, Supervisor of the Town of Southold is
directed and authorized as the official representative to
act in connection with any application between the
Municipalityand the State, and to provide such additional
information as may be required;
2. That one (1) certified copy of this Resolution be prepared
and sent to the Director, Division of Solid Waste, New York
State Department of Environmental Conservation, 50 Wolf
Road, Albany, New York 12233-4010, together with the
application; and
3. That this Resolution take effect immediately.
�.�.��z fQ
Elizabeth A. Neville(
Southold Town Clerk
February 20, 1998
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
THE TOWN OF SOUTHOLD,
Petitioner,
Index No. 91-19050
- against -
Justice Werner
THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION OF THE STATE OF NEW YORK,
Respondent.
. . . . . . . . . . . . . . . . . . . . X
STIPULATION OF SETTLEMENT
IT IS HEREBY STIPULATED AND AGREED by and between the
parties herein (i.e. , the New York State Department of
Environmental Conservation ("DEC, " "Department, " "NYSDEC") and
the Town of Southold ("Town") as follows:
1. The above-referenced Article 78 proceeding, together
with the Administrative proceedings presently pending against the
Town, *bearing Department of Environmental Conservation No. 1- ,
4020, is settled in accordance with the terms set forth below and
in the "Compliance Schedule" attached hereto as Attachment 1 with
Appendices and agreement attached hereto as Attachment 2 and
incorporated by reference herein. All the terms and conditions
of the Compliance Schedule attached hereto as Attachment 1 with
Appendices and the DEC-approved portions of the Agreement
attached hereto as Attachment 2 are the essence of this
Stipulation.
2. . This proceeding as well as the pending administrative
proceedings shall be discontinued with prejudice without costs
and disbursements awarded to any party on the terms and
1
conditions set forth at Paragraphs 1 and 3 through 7, herein.
3 . On October 8, 1993, the Town ceased the landfilling of
any wastes at the Cutchogue solid waste management facility. The
Town will not landfill any wastes at the Cutchogue solid waste
management facility in the future, except for cover materials
approved by the DEC, which approval will not be unreasonably
withheld. This last sentence shall. not prohibit the Town from
continuing other solid waste management activities that are
permitted or approved by the DEC at the Cutchogue solid waste
management facility.
4. The parties agree that this Stipulation settles, among
other things,' all operational violations of the Part 360 regula-
tions applicable to the Cutchogue Landfill and the Fishers Island
Metal Dump, whether asserted or not asserted by the DEC in the
administrative proceedings recited above, through the execution
hereof. This does not foreclose, however, the DEC from pursuing
any action within its authority and jurisdiction to enforce
violations arising at the site after the execution hereof.
5. The parties hereby acknowledge that this Stipulation is
in full satisfaction of any and all claims each has raised or
could have raised against the other through the date of the
signature hereof with regard to the operation of the Cutchogue
Landfill under Article 27 of the New York State Environmental
Conservation Law ("ECL") and 6 NYCRR 360 or any claims related
thereto.
6. This Stipulation may be so ordered by the Court without
2
further notice from one party to the other. It may thereafter be
enforced as a judgment of the Supreme Court of the State of New
York. The parties agree that this Stipulation may,
alternatively, be enforced in an administrative proceeding
instituted by the DEC.
7. This Stipulation is referred to as "Order" in
Attachments 1 and 2, hereto.
Dated: Stony Brook, New York
1994
G. Oliver Koppell Langdon Marsh
Attorney General of the Commissioner, New York State
State of New York Department of Environmental
Attorney for Respondent Conservation
New York State Department of Law
120 Broadway
New York, New York 10271 By:
Ray E. Cowen, P.E.
Regional Director
By:
Gregory J. Nolan _
Assistant Attorney General
Frank Isler Town of Southo d
As Counsel for the Town of Southold
Smith, Fi elstein, Lundberg,
Isler *an akaboski By: `
456 Grif g Avenue Thomas Wickham
Riverhe , New York 1 9 Supervisor
By:
FYank Isler
SO ORDERED AND ENTERED,
HONORABLE M.M. WERNER, J.S.C.
3
ATTACHMENT I
Town of Southold
Compliance Schedule
I. GENERAL REQUIREMENTS
A. Payments.
1. There is hereby imposed upon the Town a civil penalty in
the sum of Six Hundred Fifty Thousand ($650,000) Dollars, Twenty
Five Thousand ($25,000) Dollars of which shall be paid on or before
June 1, 1995.
2. The remaining $625,000 of the civil penalty shall be
suspended, conditioned upon the Town's payments as described below:
(a) To the State University at Stony Brook (hereinafter
"SUNY") , East End Environmental Camp Program at the Baiting .
Hollow Boy Scout Camp in Wading River in the Town of Riverhead
(hereinafter "Project") :
(i) Forty Five Thousand ($45,000) Dollars on or before
February 1, 1995. Notice of such deposit shall be given
to the NYSDEC by March 1, 1995.
(ii) Thirty Thousand ($30, 000) Dollars on or before
June 1, 1995. Notice of such deposit shall be given to
the NYSDEC by June 15, 1995.
(iii) Fifty Five Thousand ($55, 000) Dollars on or before
February 1, 1996. Notice of. such deposit shall be given
to the NYSDEC by February 15, 1996.
(iv) Thirty Thousand ($30,000) Dollars on or before the
first day of February for five (5) years commencing
February 1, 1997. In the event of a default in any
payment, the NYSDEC reserves the right. to declare the
entire balance to be due.
(v) The parties hereto agree that these monies shall be
used to establish and maintain the East End Environmental
Education Camp to be independently operated by SUNY, in
accordance with the agreement entered into simultaneously
herewith among the Towns of Riverhead, Southold and East
Hampton and SUNY, a copy of which is annexed hereto and
made a part hereof as Attachment No. II. It is
acknowledged that the Towns ' sole responsibility with
respect to the project is to provide the funds as set
forth in paragraphs 2 (a) hereof.
(b-) To the East End Economic and Environmental Institute for
1
use in the Institute's project relating to the preservation
and protection of natural resources and the environment as
follows:
(i) $55,000 on or before February 1, 1995. Notice of such
deposit shall be given to the NYSDEC by February 15, 1995.
(ii) $45,000 on or before June 1, 1995. Notice of such
deposit shall be given to the NYSDEC by June 15, 1995.
(iii) $70,000 on or before February 1, 1996. Notice of
such deposit shall be given to the NYSDEC by February 15, 1996.
(iv) $35,000 on or before the first day of February for five (5)
years commencing February 1, 1997. In the event of a default in any
payment, the NYSDEC reserves the right to declare the entire balance
to be due.
, All projects must be submitted to the Department and approved by the
Department prior to any monies being expended upon them. In addition,
annual reports shall be submitted to the Department by the Towns,
beginning on December 15, 1995 and continuing until all monies
provided hereunder have been expended, setting forth the status and
accomplishments of the DEC-approved projects and expenditures thereon.
The projects are described in a proposal from Cornell Cooperative
Extension to the Institute and include (A) organic pesticide
demonstration and testing; (B) agricultural composting demonstration
and testing; (C) pest management research; (D) wetland restoration
projects; and (E) other projects as may be chosen by the Institute,
the implementation of which shall be subject to the review and ,
approval of the NYSDEC, which shall not be unreasonably withheld.
(c) In the event that SUNY is unable to continue to operate the
project for any reason whatsoever, the parties agree to use their best
.efforts to find an alternative independent contractor to replace SUNY.
In the event, however, that the monies are not used for a period in
excess of two (2) years, the monies being held in escrow, together
with the monies subsequently paid into that account pursuant to the
schedule in subparagraph 2 (a) , above, shall be paid by the escrow
agent to an alternative recipient or recipients to be proposed by the
Towns and approved by the Department. Upon the Department's approval,
the escrow account must be modified accordingly.
(d) The Town' s agreement with SUNY shall require the establishment of
an escrow account by SUNY in which the amounts referred to in 2 (a)
above shall be paid, provided, however, that any expenditure from the
escrow account must be pre-approved by the Department. The Town's
agreement. with SUNY must also provide that an accounting of the escrow
account must be provided to the NYSDEC by the 15th of each month
beginning February 15, 1995.
(e) The Regional Attorney for Region One of the Department shall have
2
authority to approve expenditures from the escrow -account to be
established by SUNY.
(f) The DEC is not a party to the Agreement attached hereto as
Attachment 2, but hereby approves Paragraphs 2-11, thereof.
3. Failure by the Town to comply with any provision of this
Order, and the Attachments attached hereto and made A part hereof,
including any appendices thereto and the requirements of all approved
work plans and associated approved implementation schedules, shall
constitute a default and violation of this Stipulation, which shall
subject the Town to the 'following stipulated penalties for each
violation of the Order, without further administrative or judicial
adjudication:
Day 1 through 45 for each violation: $300 penalty per day.
Day 46 and thereafter for each violation: $1,000 penalty per
day.
4. All stipulated penalties and payments assessed pursuant to this
section shall become due and owing on the 15th calendar day after
receipt by the Town of written notice of determination from the
NYSDEC.
5. Beginning fifteen (15) calendar days after the date of such +
notice, the Town shall pay interest on the penalty at the annual rate
of nine percent on the overdue amount from the day on which it was due
through, and including, the date of payment.
6. All penalties shall be paid by certified check or money order,
made payable to the "New York State Department of Environmental
Conservation" and delivered personally or by certified mail, return
receipt requested: c/o Lori Riley,. Esq. , Regional Attorney, Department
of Environmental Conservation, Building 40, S.U.N.Y. Campus, Stony
Brook, NY 11790-2356.
B. Environmental Monitoring.
Within thirty (30) days of the execution of this Order, the Town
shall pay to the NYSDEC, the sum of $10,000 to be- placed in an account
for the NYSDEC environmental compliance monitoring activities for the
Town's facilities, landfill compliance and closure activities and
compliance with this Order. This sum will be used toward payment of
the first year costs for such activities, which sum shall be subject
to quarterly revision by the NYSDEC. Subsequent quarterly invoices
shall be submitted to the. Town to maintain an account balance
sufficient to meet the next nine months' projected expenses. This
nine months advance account shall be made in accordance with the
following provisions:
1. Quarterly invoice costs to be covered by this fund include:
3
(a) Direct personal service costs and fringe benefits of -the
environmental monitor(s) and full-time supervisor(s) , including the
cost of replacement personnel for the person(s) regularly assigned
to these positions.
(b) .Direct non-personal service costs, including but not limited
to purchase or lease of a vehicle and its full operating costs,
equipment travel, training, supplies and materials, and any
appropriate chemical sampling and laboratory analysis fees.
(c) Inflation and negotiated salary increases.
(d) Overhead and indirect support costs at the annually calculated
indirect cost rate.
2. The NYSDEC may revise the required quarterly amount which
revision may take into account factors such as inflation, salary
increases, accrued interest to be applied to the balance, changes in
operation hours and procedures, the need for additional or fewer on-
site monitors and supervision of such monitors by full-time monitor'
supervisors. The Town may seek information from the Department as to
the reason for any such revision, and such infor-oration shall not be
unreasonably withheld. It is understood by the parties hereto that the
sum of Ten Thousand ($10,000) Dollars is based on the provision of
funding for 10% of the cost as described above -of one environmental
monitor position. Any quarterly revision to this amount will be based
on this same type of calculation.
3. Within thirty (30) calendar days after receipt of a
quarterly statement/invoice from the NYSDEC, the Town shall forward ,
the amount due to the NYSDEC at: NYS Department of Environmental
Conservation, Room 608, 50 Wolf Road, Albany, New York 12233-1510,
Attention: Director, Environmental Monitors. Payments are to be in
advance of the period in which they will be expended.
4. Upon termination of this Order and payment of any outstanding
costs, the unexpended balance, including interest, will be returned to
Respondent.ifpon DEC approval of the Closure Certification Report for
the landfill(s) , the environmental monitor amount will be reduced,
commensurate with expected future costs of environmental monitoring
pursuant to this paragraph I.B.
5. Failure to submit timely payments shall be considered a
violation of this Order which may be enforced pursuant to the terms of
this Order and/or as otherwise provided by law.
6. The obligation under this Section (I.B. ) shall terminate if a
change in- law occurs such that a monitor for this subject facility
would no longer be required by law and/or regulation.
7. The Town shall not be liable for any costs pursuant to this
paragraph I.B. in excess of an annual amount of thirty thousand
4
($30, 000) Dollars.
C. Modification to Schedule Dates
The parties hereto recognize that implementation may be subject
to compliance with, among other things, the competitive bidding
requirements of the General Municipal Law. The parties further
recognize that delays may result in awarding contracts and
implementation of contracts when such bidding process is required. If
any such delay occurs due to the. bidding require- went, the Town may
make application to the Department for a modification of the schedule
dates herein, provided that the Town requests such modification at
least ten (10) business days prior to the date for which it is
sought, and that said request provide justification for the
modification sought, including a showing that the delay was due to
circumstances beyond the Town's control. If such a modification
request is made, the modification requested shall not be unreasonably
withheld by the Department. This is not intended to limit to any
extent the Town's right to apply for variances, waivers or
modifications as provided elsewhere in this agreement or under Part
360.
D. 360 Applicability
Unless otherwise specifically noted herein; the closure and post,-
closure requirements of the 360 regulations in effect on October 8,
1993, shall apply to this Compliance Schedule. However, should the
closure and/or post-closure requirements subsequently be amended or
revised so as to be less costly or onerous to the Respondent, the
Respondent, at its sole option, can elect to proceed in compliance ,
with the updated requirements.
E. Request for Variance, Modifications, Waivers
The Town may submit in writing to the Department bona fide
requests for modifications of the time deadlines included in the
"Technical Requirements" (Section II, below) of this Compliance
Schedule, as well as variances, modifications or waivers under §360-
1.7(c) , of any substantive Part 360 requirement. A bona fide request
under this paragraph is defined as one which has been previously
discussed with the Department's technical staff and been deemed, in
writing, by such staff, to be technically complete and approvable
regardless of staff's opinion as to whether or- not it will ultimately
be approved on the merits.
Any such variance, modification and/or waiver requests with
regard to the provisions of II.B. below, will be submitted by the Town
no later than ninety (90) days of. the Department approval of the CIR.
The deadlines herein shall be suspended pending the Department's
determination that the request is bona fide and its subsequent
determination on the merits of any such bona fide request. Variance,
modification or waiver requests may be submitted subsequent to ninety
5
(90) days after the Department's approval of the CIR, but the
deadlines imposed herein shall not be suspended during the
Department's review and determination of such a request'.
As to requests for an extension of the time deadline(s) under
this Order, if said requests are submitted in writing to the
Department at least thirty (30) days prior to the subject deadline(s) ,
the subject deadline(s) will be suspended until the Department has
rendered such a determination in writing.
F. Landfill Closure Funding.
The Department and the Town understand that interest-subsidized
short and long-term loans are available through the Environmental
Facilities Corporation to fund municipal landfill closure costs, and
that, in particular short-term subsidized- interest loans may be
available to cover landfill closure costs pending the availability of
landfill closure grants under the Environmental Protection Fund. Any
interest paid by the Town for loans pending Environmental Protection
Fund grant authorization would qualify as grant eligible costs under
the terms of the grant agreement and applicable legal requirements.
Further, the Department will take all necessary steps to facilitate
development of financing arrangements, including expeditious review
and approval of the Town's applications for funding under the
Environmental Protection Fund that meet the requirements of the law
and associated rules and regulations now being promulgated by the
Department. The Town's relative position on the grant eligibility
list will be based upon the date of application unless the application
-is subsequently disqualified.
II. TECHNICAL REQUIREMENTS:
A: General Requirements
Immediately, Respondent, having ceased operation
of the Cutchogue Landfill on October
8, 1993, shall continue to maintain
the Landfill in compliance with the
requirements set forth in 6 NYCRR
360-1.14 (w) and take the necessary
steps to maintain the landfill in
compliance with the cover
requirements set forth in 6 NYCRR
360-2 . 17 (d) .
B. Landfill Closure Requirements:
Within two (2) weeks of the Respondent shall submit to the
date of the execution of this Department any and all of its
Order, existing reports and data
relative to landfill gas and
6
hydrogeologic conditions at
the site.
Within forty-five (45) days of Respondent shall submit to the
the Department's written notifi- Department for its approval, an
cation to Respondent that approvable workplan for the
additional investigations and performance of such investiga-
data, if any, are necessary with tions and gathering of such data.
regard to methane gas and Said workplan shall include a
hydrogeologic conditions at the proposed implementation schedule
site, with implementation to commence
within forty-five (45) days of
Department approval of the
workplan.
Respondent shall complete
implementation in accordance with the
DEC approved workplan and schedule.
Within one hundred and fifty Respondent shall submit to the
(150) days of the- completion Department, an approvable draft
of the implementation of the Closure Investigation Report (CIR)
above-referenced workplan, in compliance with 6 NYCRR 360-2.15
or of the Department's deter- (a) .
urination that no additional ,
investigation or data is '
necessary, whichever is sooner,
Within thirty (30) days of A final_ approvable CIR incorporating
receipt of DEC's comments DEC'-s comments shall be submitted by ,
on the draft CIR, Respondent to the Department for its
approval.
The Department-approved CIR shall
be attached to and incorporated into
this Compliance Schedule as Appendix
A. Respondent shall perform such
additional investigations as the
Department determines necessary due
to the analysis and conclusion in the
CIR. In the event additional
investigations are determined by
the Department to be necessary, a
schedule for these additional
"Approvable" as used in this Order shall mean approvable
by the ;Department with minimal .revision. "Minimal Revision"
shall mean that Respondents can incorporate all revisions
required by the Department and resubmit the plan for Department
approval within fifteen (15) calendar days after receipt of
written- comments of the Department.
7
• 4 •
investigations will be mutually
agreed to.
Within one hundred and eighty Respondent shall submit to the
(180) days from the Department Department an approvable draft
approval of CIR or Respondent's Closure Plan (CP) in compliance
completion of any additional 6 NYCRR Part 360-2. 15; said plan to
investigations deemed necessary include an implementation schedule.
by the Department, whichever is
longer;
Within sixty (60) days of Respondent shall submit a final
the receipt of DEC comments approvable CP incorporating the
on the draft CP, DEC's comments to the Department
for its approval. The Department-
approved CP shall be attached to and
incorporated into this Compliance
Schedule as Appendix B.
Within one hundred twenty Respondent shall commence implemen-
(120) days after the date of tation and complete it in accordance
approval of the Closure Plan, with the Department-approved
Closure Plan and Schedule.
Within ninety (90) days after Respondent shall submit to the
completion of all construction Department for its approval, an
activities identified in the approvable Closure Certification ;
Department-approved CP, Report (CCR) , which shall include a
written certification of individuals
licensed to practice engineering in
the State of New York; that all ,
construction activities identified in
the Department-approved CP were
undertaken in accordance with each
requirement of 6 NYCRR Part 360 and
this Order. The Department-approved
CCR shall be attached to and
incorporated into this Compliance
Schedule as Appendix C.
The Department specifically
acknowledges that if the approved CP
includes a landfill cap, the Town may
apply for variances so that the cap
meets the following minimum
requirements:
(1) a geomembrane barrier with a
barrier protection layer of 12" of
soil;
. (2) a 12" gas venting layer that has
a maximum of ten (10%) per cent by
weight passing through the #200 sieve
after placement;
8
(3) a minimum final 6" layer
composed of any material that can be
shown to be able to continually
support plant life.
The Department acknowledges that
based upon the facts as presently
known, such variance applications, if
they meet the applicable procedural
standards, will be deemed bonafide as
defined in I.E. above, and absent
extenuating circumstances revealed in
the Department's review of the
applications, will be acted upon
favorably by the Department.
As concerns any application for
variances for ground and surface
water monitoring for the landfill:
(1) upon implementation of the DEC
approved Closure Investigation Report
in accordance with this Stipulation,
and
(2) upon implementation of complete
baseline parameter monitoring one (1)
year from the date of initial base-
line monitoring in performance of% the
approved hydrogeologic work plan and
approved CIR, and
(3) upon implementation of quarterly
routine monitoring for two (2) years
from the date of initial baseline
monitoring in accordance with the
approved Work Plans and approved
CIR2,
the -Town may thereafter monitor
ground and surface water semi-
annually for routine parametets and
every three (3) years for baseline
parameters, unless monitoring reports
reveal a contravention of applicable
ground and/or surface water standards
deemed material by the DEC in
accordance with the following
procedure.
2 In the event that the Town demonstrates that existing
monitoring data satisfies all or part of the initial baseline
and/or routine monitoring requirements of this variance, all or
part of- the initial baseline and/or routine monitoring may be
waived by the DEC.
9
if a new or increased contravention
of ground and/or surface water
standards is documented, the Town may
demonstrate to -the DEC that the
contravention is non-material. If
the Town does not make this
submission, such contravention will
be deemed material. Upon such a
demonstration and prior to requiring
increased routine and/or baseline
monitoring, the Department must find
the contravention to be material by
considering the following factors:
(1) the toxicity or other hazard of
the contravening substance(s) ;
(2) the potential impacts to public
health (including drinking water
supplies) , the environment or natural
resources threatened by the
contravention;
(3) whether the contravention may
reveal a potential failure of the.
landfill cap.
Notwithstanding the procedure set
forth in this paragraph, upon finding
by the Department that the contraven-
tion is material, the Town shall
perform additional monitoring deemed
necessary by the Department to ,
determine the scope and nature of
pollution by the contravening
substance(s) and associated
substances pending resolution of any
dispute that may arise regarding the
Department's finding that the
contravention is material.
C. Solid Waste Management Plan (SWMP)
Within one hundred andtwenty Respondent shall submit to the
(120) days of receipt of DEC's Department, an approvable revised
comments on the revised Solid draft of the Solid Waste Management
Waste Management Plan (SWMP) , Plan (SWMP) which includes a
Comprehensive Recycling Analysis
(CRA)
Within 'thirty (30) days of Respondent shall submit an
receipt of DEC's comments on approvable final SWMP to the roved
the revised draft SWMP, Department. The Department-app
plan shall be attached to and
incorporated into this Compliance
Schedule as Appendix D.
Upon approval of the SWMP Respondent shall implement the
10
by the Department, approved SWMP.
D. Permanent Transfer Station
Within two hundred and seventy The Town shall submit to the Depart-
(270) days of the date of ment, a complete and approvable
execution of this Order, application for one of the following
alternatives: (1) a permit pursuant
to 6 NYCRR Part 360 for the operation
of a solid waste management facility
for the collection at and
transportation from the site of
municipal solid waste generated
within the Town; (2) registration
pursuant to Part 360 for the type of
facility described above in #II;
and/or (3) an alternative plan for
the disposal of waste.
E. Reclamation
Within twelve (12) months The Town, at its sole option and
of the date of execution of discretion, shall have the right to
this Order, investigate the feasibility of
complete and/or partial reclamation
of the facility pursuant to 360-2.18,
effective October 9, 1993, as a
partial or complete alternative to
closure and shall have submitted:to
the Department, an approvable
Feasibility Study Report.
Within three (3) months of The -Town shall have submitted to the ,
the Department's approval Department for its approval, an
of the Feasibility Study approvable reclamation workplan with
Report, with findings that an implementation schedule. Upon
reclamation is feasible, Department approval of the reclama-
tion workplan, it shall be imple-
mented by the Town in accordance with
the approved plan and shall be
attached to and become incorporated
into this Schedule as Appendix E.
Upon DEC approval of the reclamation
plan, the Town shall have the right
to seek a modification of the
deadlines in this schedule for tasks
in the Closure Plan Implementation
which may be impacted by reclamation.
The Town shall not be held in default
under this schedule if they are
waiting for a response from DEC to
their request for such a modification
after DEC approval of a reclamation
plan, nor shall the Town be held in
default under this schedule if they
have submitted an approvable
feasibility study report in
11
• accordance with this schedule and
have not yet received a Department
decision on it.
DEC's approval of any such
modification request shall not be
unreasonably withheld. It is
understood herein that this option is
to be explored by the Town
concurrently with the time frames in
this schedule, and not as a
substitute for them, until such time
as a reclamation plan is approved by
the Department.
F. Fishers Island Metal Dump Closure Requirements
Within one hundred and eighty The Town, shall submit to the Depart-
(180) days of the date of ment for its approval, an approvable
execution of this Order, Closure Plan or approvable
specifications for total waste
removal, with implementation
schedule, identifying the method of
closure of the Metal Dump. The Town
shall implement the closure plan as
approved by the Department.
G. Reclamation of Mined Area
Within sixty (60) days of Respondent shall submit a revised
the date of execution of updated approvable reclamation plan
this Order, for the_ ±5 acre mined area of the
Cutchogue Landfill in letter form.
Said plan shall include a request for
a variance from the 25 foot buffer
requirement, which variance will be
acted upon favorably by the
Department, absent extenuating
circumstances revealed in the
Department's review of the
application letter; a minimum 1:2
slope to be established and
definitive narrative statement as to
the proposed land use objective.
Said plan shall include a timetable
with reclamation to be completed no
later than one (1) year from its
initiation. The Town shall implement
the plan as approved by the
Department.
The Department hereby acknowledges
that the Town has submitted a mining
and reclamation plan in December,
1987 .
12
ATTACHMENT II
AGREEMENT, made and entered into this day of October
1994 by and between the Towns of Riverhead, Southold and East
Hampton ("Towns") , and the State University of New York at Stony
Brook ("SUNY!') on behalf of its Center for Excellence and
Innovation in Education, who will work in conjunction with the
Marine Sciences Research Center.
The parties to this agreement hereby agree that:
1. The Towns hereby retain the services of SUNY for purposes
of developing, implementing and operating the East End
Environmental Camp (the Project) , which is more fully described
below. ,
2. Within ninety (90) calendar days after execution of this
Agreement, SUNY shall submit to the New York State Department of
Environmental Conservation ("DEC") , a plan and description of the
Project ("Project Plan") , including a schedule for development and
implementation of the project for commencement, during the Summer
of 1995. The. Project Plan shall, at a minimum, include the
following:
a. Beginning on January 15, 1995, submittal by SUNY to the
DEC and the Town, an annual budget and proposed program for the
following summer season on or before November 15 of each year;
b. Beginning on October 1, 1995, submittal by SUNY to the DEC
and the Town, an annual year end report on the prior summer' s
experience by no later than October 1 of each year;
c. Provision for at least three (3) one-week sessions per
1
! i
summer of the environmental education camp commencing in the
summer of 1996, serving approximately 100 (but not less than 75)
campers per week, including contractual arrangements with the
Baiting Hollow Camp or an acceptable alternate site, and provision
for necessary supplies, equipment .and associated contractual
services; a one-week experimental camp serving 100 (but not less
than 75) campers per week shall be conducted during the summer of
1995.
d. Provision for hiring, training and qualifications of
conservation camp supervisor(s) , conservation camp counselor(s) ,
and all other employees necessary pursuant to any applicable laws,
rules and regulations for such projects and/as necessary to
implement the Project;
e. A curriculum comparable to that developed for existing
environmental education camps in New York State, centering on
natural resources and environmental quality through active
participation in the environment, including but not limited to
studies to be conducted in streams, ponds, marshes, coastal
environments and woodlands in the environment of the camp so as to
lead to a better understanding of the interconnections of
'components- of the environment; aimed at developing environmental
literacy and the acceptance of personal responsibility for
stewardship of resources; and emphasizing the importance and value
of the marine resources and their history on Long Island;
f. Provision for necessary capital improvements to the
selected camp site; and
2
g. Provision for the establishment of a schedule for camper
tuition/fees and eligibility criteria; SUNY shall exercise its
best efforts to ensure that at least 30% of the campers reside
outside of Suffolk County; SUNY shall also establish a program for
at least 30% full-paid scholarships based upon economic need.
Fifteen (15%) percent of such full paid scholarships shall be per
Town for camper participating herein, for residents of the Town.
h. Provision for at least 15% of available camper spots to
be offered to children from each of the Towns participating in the
funding of the Project. (i) A plan for recruitment of attendees
to meet the percentages noted in g and this section h. The
recruitment for the 15% from the Town will be coordinated through
the Town's recreation department. If the 15% have not been filled '
within ninety (90) days of the starting date of that summer's
camp, SUNY reserves the right to fill any vacant spots from other
areas.
3 . Upon approval by the DEC of the Project Plan, SUNY shall
implement the Project Plan as approved.
4. If the Baiting Hollow Camp site should for any reason
become unavailable, any alternate site selected by SUNY shall be
located in one of the Towns participating in the Project.
5. The parties acknowledge that SUNY is an independent
contractor and solely responsible for the planning implementation
and operation of the Project. SUNY shall, to the fullest extent
authorized under the New York State Court of Claims Act and case
decisions thereunder, be responsible to the Towns (and DEC) for
3
all liability, demands, claims, suits, losses, damages, causes of
action, fines or judgments, including costs, reasonable attorneys'
fees if assessed by a court of competent jurisdiction, witness
fees and expenses incident thereto, for damages to persons or
property arising out of or in connection with the Project if
caused by negligence of the Center, its agents or employees. In
addition, SUNY shall purchase and maintain liability and/or any
other insurance necessary for the implementation of the Project in
the appropriate amounts but not less than one Million Dollars per
person and Three Million Dollars per incident. Said insurance
shall name the Towns and the DEC as additional insureds.
6. Beginning on February 1, 1995, SUNY shall as prescribed in -
Attachment I incorporated herein receive from the Towns funds on
or before February l of each year for that year's summer camp. '
If, for any reason, SUNY does not implement- the Project after
having withdrawn funds from the escrow account, any funds not
already dedicated for a specific purpose- will be immediately
returned to the DEC for return to the escrow account.
7. SUNY acknowledges that the source of the funding for the
project is monies paid by the Towns into an escrow fund
established and maintained by SUNY under sole and exclusive
control in amounts specified in stipulations of settlement entered
into between each Town and NYSDEC on this date, and fees paid by
users. SUNY acknowledges that it is familiar with the terms of
the stipulations and in particular, with the monies to be paid and
the dates when they are due. SUNY further acknowledges that
4
neither one of the Towns will provide any additional monies other
than those specified in the stipulations of settlement and that
NYSDEC and SUNY is providing no independent funds for the Project.
8 . SUNY shall expend money only from the escrow account upon
prior approval by the NYSDEC's Regional Attorney after submission
of an annual budget. All disbursements from the account must be
made in accordance with the Department approved budget.
9. The parties hereto agree that this Agreement shall remain
in effect from the date of its execution -until October 1, 2001,
provided, however, that if monies paid by these Towns remain in
the escrow account after October 1, 2001, this Agreement shall
remain in effect until all monies adequate for the continued c
operation of the camp in said account have been expended. SUNY
may elect to terminate this agreement in the event adequate monies
are not available. Such termination shall be effective upon the
Towns •and DEC's receipt of written notice. Said notice to be at
least sixty (60) days prior to any such termination. /
10. SUNY acknowledges its obligation to develop, implement
and operate the Project in accordance with the NYSDEC-approved
Project Plan. If the NYSDEC determines that SUNY has failed to
develop, implement and operate the Project in accordance with the
NYSDEC-approved Project Plan, SUNY, upon notification from the
NYSDEC, must return any monies not dedicated for a specific
purpose to the escrow account, which the NYSDEC determines to be
necessary. The parties hereto hereby recognize the authority of
the NYSDEC to make determinations in this regard.
11. It is understood and agreed to by the parties hereto, that
SUNY shall be relieved of all obligations herein in the event an
5
acceptable camp site suitable to carry out such obligations is not
available or in the event circumstances beyond it's control
prevent SUNY's operation of the camp.
12. The provisions of Exhibit A (Standard State clauses) are
incorporated herein.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands hereby acknowledging that the provisions of this
agreement shall be binding, upon them and any successors thereto.
C
TONY BUL K JOSEPH JANOSKI
Supery or Supervisor
on behalf of the on behalf of the
Town of st Ha pto Town of Riverhead
THOMAS WICKHAM MICHAEL DEMARTIS
Supervisor Director of Purchasing
on behalf of the and Stores Purchasing
Town of Southold State University of New York
at Stony Brook
6
r
STATE OF NEW YORK)
ss. .
COUNTY OF SUFFOLK)
On this "7' .- day of 04:�� O� 1994 , before me
personally came Tony Bullock, to me known and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged to me that he execut d the same.
JEAN R.HORN;-:CK
NO m-%Y PUBLIC
STP,TE J�NL-VV YOriK
;'4773.99
QL+r1l.iFIE .L'COUNTY
COi%(..M1!i4!O?+I r'v '.,►.. „"ARCH 30,19y
O Y 'PUBLIC
STATE OF NEW YORK)
ss. .
COUNTY OF SUFFOLK)
On this 'r day of 1994, before me c
personally came Thomas Wickham, to me known and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged to me that he executed the same.
N TARY PUBLIC Uprr{rTEPRY
Notary Public,State of New York
No.52-0344963
Qualified in Suffolk County�s—
STATE OF NEW YORK) Commissiontxpi�estutay3l,t
ss. .
COUNTY OF SUFFOLK)
On this day of , 1994 , .before me
personally came Michael DeMartis, to me known and known to me to
be the individual described in and who executed the foregoing
instrument and he acknowledged to me that he executed the same.
NOTARY PUBLIC
7
STATE OF NEW YORK)
ss. .
COUNTY OF SUFFOLK)
On this day of 1994 , before me
personally came Joseph Janoski, to me known and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged to me that he executed the same.
NOTARY PUBLIC
LS:A:encehamp1004941s
8
r 0 •
SOUTHOLD TOWN LANDFILL CLOSURE PROJECT
AFFIRMATIVE ACTION WORK PLAN
State Assistance Municipal Landfill Closure Program
for
Assistance for Non-Hazardous Municipal
Landfill Closure Projects Under Title 5
of Article 54 of the Environmental Conservation Law
The Town of Southold will comply with the following affirmative action and equal employment
opportunities provisions, as found in: Federal Executive Order No. 11246, as amended; Title VI
of the Civil Rights Act of 1964, as amended; Title VII of the Civil Rights Act of 1964, as
amended;the Americans with Disabilities Act of 1990, as amended; 38 U.S.C. 4212 of the
Vietnam Era Veterans Readjustment Assistance Act of 1974; the Age Discrimination Act of
1967, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; Section 109 of the
Housing and Community Development Act of 1974,NYS Executive Law, Article 15-A. and all
other State and Federal statutory and constitutional non-discrimination provisions.
The Town of Southold is committed to carry out the intent of New York State Executive Law,
Article 15-A, as they pertain to the activities financed by the State Water Pollution Control
Revolving Fund Program loan.
The Town of Southold will develop a comprehensive MBE/WBE-EEO program which will assure
the meaningful participation of minority and women's business enterprise in contracting and the
meaningful participation of minorities and women in the workforce(s) associated with the
Southold Town Landfill Closure.
James C. McMahon, Executive Assistant, Town of Southold shall be the local governmental
official responsible for administrating the approved comprehensive Affirmative Action Program
The Town of Southold has begun work on the final closure and capping of the Town Landfill in
Cutchogue,New York, in accordance with the stipulation settlement between the Town and the
DEC of October 5, 1994.
The landfill property encompasses approximately 60 acres, about one-half of which contains
material landfilled from around 1920 through October 8, 1993, when all landfill activity ceased,
All manner of mixed municipal solid waste is buried at the site, including household trash, small
business commercial waste, septic waste(sludge), construction and demolition debris, and yard
waste. There is no industrial waste buried at the site. In addition,burial of Household Hazardous
Wastes virtually ceased in 1986, when Southold became the first municipality in New York State
to establish a permanent HHW facility.
! •
Since the landfill opened prior to the establishment of Part 360 Regulations it was constructed
without a liner. The Town has proposed standard Part 360 cap, including a geomembrane, over
the entire waste mass, which consists of roughly 30 acres. Since much of the site is at a relatively
flat grade consistent with surrounding properties the Town proposes to establish an undulating
"wavy" surface to steer runoff into a series of sumps outside the waste mass.
The contractor(s) shall provide services in support of a series of engineering, analytical, and
construction work phases required to meet Part 360 Closure Requirements, subject to approved
variances, some of which have been applied for by the Town and are under review by the
NYSDEC. These phases of work began with preparation of the Closure Investigation Work Plan
(already completed and approved), and end with the final Construction Certification Report (see
Closure Project Work Plan, attached).
The Closure Investigation Work Plan provides a detailed description of the investigation field
activities, including the sampling and analytical quality assurance/quality control program to be
undertaken in the Closure Investigation. The Closure Investigation Report presents findings of
the field work and provides the basis for the Closure Plan. The Closure Plan will involve the
engineering work necessary to develop the plan and specifications for the closure, including the
actual construction activity, and the gas, leachate, and runoff control mechanisms.
Construction of the landfill cover itself will include the work necessary to lay the base, gas
venting,barrier,barrier protection, and topsoil layers, as well as the asphalt pad and vegetative
cover. The Town plans to use the pad for a NYSDEC approved yard waste composting program.
The soil and vegetative cover will be designed to promote shallow- rooted plant growth and
direct runoff into recharge basins. The construction phase will require considerable regrading of
the site and special landscape expertise.
JAMES C. McMAHON � �G Town Hall,53095 Main Road
Administrator o y� P.O.Box 1179
H Southold,New York 11971
Telephone(516)765-1892 ��, •
Fax (516)765-3136 �JQl �a0
TOWN OF SOUTHOLD
COMMUNITY DEVELOPMENT OFFICE
March 17, 1998
Mr. Kenneth Shider
Program Services Representative
NYS Environmental Facilities Corporation
50 Wolf Road
Albany, NY 12205-2603
Re: State Water Pollution Control Revolving Fund (Project #5110-01)
M/WBE-EEO Program
Dear Mr. Shider:
Please find the enclosed Affirmative Action Work Plan for the Town of Southold, in
reference to the capping and closing of the Southold Town Landfill.
As you can see in timetable of the Project Work Plan, the Town of Southold does not
intend to begin construction on the project until early 1999 and these cost estimates
represent our "best guess" of the project budget and the resulting M/WBE and EEO
summary.
I will update the M/WBW-EEO Work Plan as the project develops and bids are solicited
and received.
Please give me a call if you have any questions on the enclosed.
Sincerely,
mes McMahon
Town of Southold
Community Development Office
M/WBE-EEO Work Plan
Please complete this chart if your project's State Share request is more than $25,000.,
Municipality: Town of Southold Application Date:
Address: 53095 Main Road City: State: NY Phone No.
PO Box 1179 Southold Zip-11971 (516) 765-1889
Name and Title of Authorized Signature:
Authorized Representative: Jean W. Cochran W �
Supervisor
Address: As above City: State: NY Phone No.:
Zip:
Name and Title of James McMahon Phone No.:
AffinnativeAction Rep.:Executive Assistant (516) 765-1892
Description of Contract: State AidCapping & Closing MSW Landfill (attach a copy of the project description from application)
Project Category: Check all that apply: Equipment purchase Q Construction lr Other(service) e Engineering Services
M/WBE AND EFO SUMMARY (Call 518-457-0749 for applicable percentages in#5, #6,#9, #10)
1.Total Value of Project $ 5,800,000.
2. Dollar amount spent to $ Complete the items below if your
date by applicant project involves salary/employment % No. Of Emps.
costs:
3. Balance(subtract#2 $
m #1)
4. State Share of Balance $ 2,000,000. 8. Total number of employees working %
(50%of#3 above) on this project
5. MBE Amount of9. Total Goal for Minority Employees 10 %
contract 15% 870,000.
6. WRE Amount of 10. Total Goal for Women Employees 10 %
contract 5% d290,000.
7.Total M/WBE Amount 11. EEO Combined Totals 20 %
of contract 20% ,160,000.
` i
SECTION I--WBE INFORMATION In order to achieve the WBE goals, these minorityms are expected to participate in the
following manner: Yr
WBE FIRM ')escription of work to be done Projected Scheduled Contract Contract
' y WBE contact amount contract Payment completion
& award date start date Schedule date.
Name: $
,[Address No work on this project
has been bid by the
City Town of Southold Date:
ST/Zip
Phone
Name: $
Address
City Date:
ST/Zip
Phone
ame: $
Address
City Date:
ST/Zip
Phone
SECTION I--MBE INFORMATION In order to achieve the MBE goals, these minority forms are expected to participate in the
following manner:
MBE FIRM Description of work to be done Projected Scheduled Contract Payment Contract
by MBE contact amount contract Schedule completion
& award date start date date.
Name: $.
No work on ; this pro 4c' t
Address has been bid by the
Town of Southold
City Date:
ST/Zip
Phone
Name: $
Address
City Date:
ST/Zip -
Phone
Name: $
Address
City Date:
ST/Zip
Phone
SECTION III--EEO INFORMATION: In order to achieve the EEO goals minorities and females are expected to be employed in the
following job categories for the specified amount of work hours:
All Employees Minority Employees
Job Categories Total Work Hours of Males Females Black Asian Native Hispanic
Contract American
Officials/ No work on this pro j e t has been
Managers bid by the Town of Southold
Professional
Technicians
Sales Workers
Office/Clerical
Craftsmen
Laborers
Service/
Workers
TOTALS
' MdkRITY AND WOMEN'S BUSINESS-EEMPLOYMENT
OPPORTUNITY PROGRAM WOMPLAN
Policy Statement
The Town of Southold commits to carrying out the intent of the
(Name of%luniapality)
New York State Executive Law.Article 15-A wnich assures the meaningful oarticipation of minority and women's business
enterprises in contracting and services,and the meaninaful carticlpabon of minorities and women in the workforce on activities
5nanced by;he CWSRF program loan.
Minority Business Officer
James McMahon is designated as the local Government Official or Minority Business
(Name of Designated officer)
Officer responsible for administering the Town of Southold Minority and Women's
(Name of Municipality)
Business-Ecual Employment Opportunity(MANBE-EEO)program.
MNVBE Proiected Goals
/3" %Minority Business Enterprise Particcation
_ %Women s Business cntemnse Parncoation
EEO Protected Goais
lb %Minonty Labor Force Participation
In %Femaie Labor Force Partiapation
(Authonzed4kepresenixinvei
James McMahon, Town of Southold
r::,eExecutive Assistant
Dace: /
• 03/.17/1998 13:23 7347976 LANDFILL rNut Ui
f State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9,Revised December 14 , 1999
and September 29, 1997)
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN
FACILITY NAME Torsi of Southold Landfill
EXTENT OF WASTE DEPOSIT (ACRES) approx. 30
FACILITY ID#
FACILITY LOCATION _ Cnuntp RA - _ems, Cutc ala my
COUNTY Suffolk
Tovo of Southold
FACILITY OWNER.
Tovn of Southold
FACILITY OPERATOR
CONTACT PERSON aces Bunch
visor
Southold Torn Solid waste District, P.O. Box 962
1+,DI7RF��' Cute ogue,NY 11935
PHONE NO . (516) 734-7685
BZGIN PATE END DATE COST
STAGE (P/A) (F/A) (E/k)
** Perform Closure
9/95 (A) 3/95 (A) $90,000
Investigation
Prepare Closure 1/96 (A) 12/97 . (4) $30,000 (A
Investigation Report
2/98 (A) 8/98 (P) $:100,000 (E)
Prepare Closure Plan
Perform Vector 3/99 (P) 4/99 (P ) $10,000 (E
Remediation`; if required
Construct Leachate
Collection. System, .if NA NA NA
required
Construct Gas Venting
Lay6r and Gas 4/99 (P) 5/99 (P) ;1 . 700,000 ( E)
Collection/Control
System
" Prepare Closure Investigation
Work Plan31/94 .. t1�) 3/95 (A) $10,000 (A)
(8/97) Page: 1B of 2B
63117/1998 13:23 7%-i737S LANDFILL
� BEGIN DATE END DATE COST
STAGE (P/A) (P/A) (S/A)
5/99 (P) 7/99 -(P) $1 , 550,000 (E)
Construct Barrier Layer
Construct Sarrier 7/gg (P) 9/99 (P) 940 , 000 (E)
Protection Layer
9/99 (P) 10/99 (P) 660, 000 ( E)
Construct Top-soil Layer
Establish Vegetative 10/99 (P) 11/99 (P) 660,000 (E)
Cover
Prepare Conszru--ion 11/99 (P) 12/99 (P) 50, 000 (E)
Certification Report
Total $15, 800,000
Notes : P - Prospective
A = Actual
E - Estimated
(8/97) Page 28 of 2B
JEAN W.COCHRAN I Y�O�O CSG Town Hall,53095 Main Road
SUPERVISOR 9 j 4 P.O. Box 1179
C= 2 Southold,New York 11971
0 Fax(516)765-1823
Telephone(516)765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
February 19, 1998
Norman Nosenchuck, Director
NYS DEC Division of Solid Waste
50 Wolf Road
Albany,NY 12233-4010
Dear Mr.Nosenchuck:
I hereby submit the following statements in support of the Town of Southold's application for State
Assistance for Non-Hazardous Municipal Landfill Closure Projects Under Title 5 of Article 54 of the
Environmental Conservation Law,as required.
1) SITE CLASSIFICATION
The Southold Town Landfill was delisted from the State Registry of inactive hazardous waste sites and
was removed from the list of potential(Class 2a)hazardous waste sites by the DEC in October 1993.
These actions were taken as a result of findings of the July 1991 Part 360 and Phase II Hydrogeologic
Investigation,and subsequent sampling events.
2) SITE USE AFTER CLOSURE
Once closed pursuant to Part 360 regulations,the closure project area will not be considered for the
location of any future landfilling activity.Nor is the Town considering using the area for any other
purpose,with the exception of the asphalted portion which will be used for the proposed yard waste
composting program,pending DEC approval.After closure,any uses of the area or portions thereof
would be undertaken only in accordance with DEC regulations.
3) POST-CLOSURE OPERATION AND MAINTENANCE
The Town will find and implement post-closure monitoring and maintenance ofthe landfill closure site
in accordance with Subdivision 360-2.15([)of the regulations,and in consideration of variances
available in the Town's stipulated agreement with the DEC.
SIGNED,AS AUTHORIZED BY TOWN BOARD J . Cochran I Daie
RESOLUTION OF FEBRUARY 19, 1998 Supervisor,Town of Southold
/rbw
Application ff State Assistance Under tew York State
Landfill Closure State Assistant ogram
Pursuant to Title 5, Article 54 and Title 4 of Article 56
of the Environmental Conservation Law
(Please type or neatly print in black ink)
NAME OF APPLICANT (Municipality) Town of Southold
POPULATION OF MUNICIPALITY 21 ,000
(based on the most recent "Census of Population [New York] , "
United States Department of Commerce, Bureau of Census)
Suffolk
COUNTY Is
T&wn of 3otithold Landfill
SITE NAME
SITE LOCATION County Rd 48, Cutchoctue, NY
OBLIGATION TO CLOSE Stipulation of Settlement
(reference and attach copy of administrative order, court order
or permit containing obligation to close the landfill closure
site by a specific date)
INDIVIDUAL_-AUTHORIZED TO SIGN .THIS APPLICATION
Name Jean W. Cochran
Title Supervisor, Town of Southold
Address 53095 Main Rd. ,
City Southold State NY
Zip Code 11971
Phone No: (516) 765-1889
(include area code)
OFFIf.IAIL_T0..NHQM.._PAYMENT CHECKS ARE TO BE MAILED
Name John Cushman
Title Town Accountant, Town of Southold
Address 53095 Main Rd.
City Southold State NY
Zip Code 11971
Phone No. :(516) 765-4333
(include area code)
(8/97) lA of 3A
s
CERTIFICATION: The undersigned doe hereby otify that the
information contained in this application and in the
attached certified copies of resolution(s) , other
statements, and exhibits is true, correct, and complete to
the best of his or her knowledge and belief, and further
that any and all statements, data, and supporting documents
which have heretofore been furnished for the purpose of
receiving New York State assistance for the landfill closure
funding described herein are attached hereto in full .
SikL#ature of individual authorized D to
to sign application
Jean W. Cochran
Name
(typed or neatly printed in black ink)
Title Supervisor, Tovn of Southold
(typed or neatly printed in black ink)
Submit the original and one copy of the completed
application package to:
Director
Division of Solid & Hazardous Materials
Attn: Landfill Closure Assistance Program
50 Wolf Road
Albany, New York 12233-7250
Also, submit one copy of the completed application package
to the NYSDEC Regional Solid & Hazardous Materials Engineer
at the appropriate regional headquarters (as shown on the
map of DEC regions included in the Application Kit) .
(8/97) 3A of 3A
Department of Environmental Conservation
New York State p v
AM
BuRcIng 40 SUNY,Stony Brook,New York 11790-2356
Phone (516)4440375
Fax (516)4440231
John P.Cahill
Acting Commissioner
December 19, 1997
The honorable Jean W. Cochran
Supervisor, Town of Southold
Town hall, 53095 Main Road
Southold,NY 11971
Dear Supervisor Cochran.-
The
ochran:The New York State Department of Environmental Conservation(The Department)is in receipt of the
revised Section 8.0(Conceptual Closure Plan)of theTown of Southold Closure Investigation Plan for the
Cutchogue landfill.Based on a review of this report,the Department agrees that this conceptual plan
addresses the technical comments provided by the Department by our letter date June 20, 1997 and meets the
closure requirements of 6NYCRR Part 360 Subdivision 360-2.15. This conceptual plan may be incorporated
in your final Closure Investigation Report and capping design for the Cutchogue landfill.
If you have any questions concerning this matter,please can me at the above telephone number.
Sincerely,
Mathew Eapen
Environmental Engineer I
cc: D. Ramrakhiani
M. Treers, Central Office
File 52S17.
osuFFot,��
ELIZABETH A.NEVILLE hy►�� goy Town Hall,53095 Main Road
TOWN CLERK o= P.O. Box 1179
COD Z Southold,New York 11971
REGISTRAR OF VITAL STATISTICSv' • Fax(516)765-1823
MARRIAGE OFFICER Gy �� Telephone(516) 765-1800
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THE FOLLOWING RESOLUTION WAS ADOPTED BY
THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON
FEBRUARY 19, 1998:
RESOLUTION - FEBRUARY 19, 1998
RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE
ASSISTANCE FOR LANDFILL CLOSURE PURSUANT TO TITLE 5 OF ARTICLE 54 OF
THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW.
WHEREAS, the Town of Southold, herein called the "Municipality"
has hereby determined that certain work, as described in the state
assistance application and any amendments thereof, herein called the
"Project", is desirable and in the public interest; and
WHEREAS, Title 5 of Article 54 of the Environmental Conservation
Law authorized state assistance payments to municipalities for
closure of municipal landfills by means of a written agreement and
the Municipality deems it to be in the public interest and benefit
under this law to apply therewith;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of
Southold:
1. That Jean W. Cochran, Supervisor of the Town of Southold is
directed and authorized as the official representative to
act in connection with any application between the
Municipalityand the State, and to provide such additional
information as may be required;
2. That one (1) certified copy of this Resolution be prepared
and sent to the Director, Division of Solid Waste, New York
State Department of Environmental Conservation, 50 Wolf
Road, Albany, New York 12233-4010, together with the
application; and
3. That this Resolution take effect immediately.
4EIIzabethoA.
NevIII
Southold Town Clerk
February 20, 1998
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
. . . . . . . . . . . . . . . . . . . . X
THE TOWN OF SOUTHOLD,
Petitioner, '
Index No. 91-19050
- against -
Justice Werner
THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION OF THE STATE OF NEW YORK,
Respondent.
. . . . . . . . . . . . . . . . . . . X
STIPULATION OF SETTLEMENT
IT IS HEREBY STIPULATED AND AGREED by and between the
parties herein (i.e. , the New York State Department of
Environmental Conservation ("DEC," "Department, " "NYSDEC") and
the Town of Southold ("Town") as follows:
1. The above-referenced Article 78 proceeding, together
with the Administrative proceedings presently pending against the
Town, bearing Department of Environmental Conservation No. 1-
402 0,
-4020, is settled in accordance with the terms set forth below and
in the "Compliance Schedule" attached hereto as Attachment .l with
Appendices and agreement attached hereto as Attachment 2 and
incorporated by reference herein. All the terms and conditions
of the Compliance Schedule attached hereto as Attachment 1 with
Appendices and the DEC-approved portions of the Agreement
attached hereto as Attachment 2 are the essence of this
Stipulation.
2. . This proceeding as well as the pending administrative
proceedings shall be discontinued with prejudice without costs
and disbursements awarded to any party on the terms and
1
conditions set forth at Paragraphs 1 and 3 through 7, herein.
3. On October 8, 1993, the Town ceased the landfilling of
any wastes at the Cutchogue solid waste management facility. The
Town will not landfill any wastes at the Cutchogue solid waste
management facility in the future, except for cover materials
approved by the DEC, which approval will not be unreasonably
withheld. This last sentence shall. not prohibit the Town from
continuing other solid waste management activities that are
permitted or approved by the DEC at the Cutchogue solid waste
management facility.
4. The parties agree that this Stipulation settles, among
other things, all operational violations of the Part 360 regula-
tions applicable to the Cutchogue Landfill and the Fishers Island
Metal Dump, whether asserted or not asserted by the DEC in the
administrative proceedings recited above, through the execution
hereof. This does not foreclose, however, the DEC from pursuing
any action within its authority and jurisdiction to enforce
violations arising at the site after the execution hereof.
S. The parties. hereby acknowledge that this Stipulation is
in full satisfaction of any and all claims each has raised or
could have raised against the other through the date of the
signature hereof with regard to the operation of the Cutchogue
Landfill under Article 27 of the New York State Environmental
Conservation Law ("ECL") and 6 NYCRR 360 or any claims related
thereto.
6. This Stipulation may be so ordered by the Court without
2
further notice from one party to the other. It -may thereafter be
enforced as a judgment of the Supreme Court of the State of New
York. The parties agree that this Stipulation may,
alternatively, be enforced in an administrative proceeding
instituted by the DEC.
7. This Stipulation is referred to as "Order" in
Attachments 1 and 2, hereto.
Dated: Stony Brook, New York
1994
G. Oliver Roppell Langdon Marsh
Attorney General of the Commissioner, New York State
State of New York Department of Environmental
Attorney for Respondent Conservation
New York State Department of Law
120 Broadway
New York, New York 10271 By:
Ray E. Cowen, P.E.
Regional Director ;
By:
Gregory J. Nolan _
Assistant Attorney General
Frank Isler - Town of Southo d
As Counsel for the Town of Southold
Smith, Fi elstein, Lundberg,
Isler 'an akaboski BY=
456 Grif g Avenue JDhomas Wickham
Riverhe , New York 1 9 Supervisor
By:
Frank Isler
SO ORDERED AND ENTERED,
HONORABLE M.M. WERNER, J.S.C.
3
ATTACHMENT I
Town of Southold
Compliance Schedule
I. GENERAL REQUIREMENTS
A. Payments.
1. There is hereby imposed upon the Town a civil penalty in
the sum of Six Hundred Fifty Thousand ($650,000) Dollars, Twenty
Five Thousand ($25,000) Dollars of which shall be paid on or before
June 1, 1995.
2. The remaining $625,000 of the civil penalty shall be
suspended, conditioned upon the Town's payments as described below:
(a) To the State University at Stony Brook (hereinafter
"SUNY") , East End Environmental Camp Program at the Baiting _
Hollow Boy Scout Camp in Wading River in the Town of Riverhead
(hereinafter- "Project") :
(i) Forty Five Thousand ($45,000) Dollars on or before
February 1, 1995. Notice of such deposit shall be given
to the NYSDEC by March 1, 1995.
(ii) Thirty Thousand ($30,000)' Dollars on or before
June 1, 1995. Notice of such deposit shall be given to
the NYSDEC by June 15, 1995.
(iii) Fifty Five Thousand ($55, 000) Dollars on or before
February 1, 1996. Notice of_ such deposit shall be given
to the NYSDEC by February 15, 1996.
(iv) Thirty Thousand ($30,000) Dollars on or before the
first day of February for five (5) years commencing
February 1, 1997. In the event of a default in any
payment, the NYSDEC reserves the right. to declare the
entire balance to be due.
(v) The parties hereto agree that these monies shall be
used to establish and maintain the East End Environmental
Education Camp to be independently operated by SUNY, in
accordance with the agreement entered into simultaneously
herewith among the Towns of Riverhead, Southold and East
Hampton and SUNY, a copy of which is annexed hereto and
made a part hereof as Attachment No. II. It is
acknowledged that the Towns' sole responsibility with
respect to the project is to provide the funds as set
forth in paragraphs 2 (a) hereof.
(h) To the East End Economic and Environmental Institute for
1
use in the Institute's project relating to the preservation
and protection of natural resources and the environment as
follows:
(i) $55,000 on or before February 1, 1995. Notice of such
deposit shall be given to the NYSDEC by February 15, 1995.
(ii) $45,000 on or before June 1, 1995. Notice of such
deposit shall be given to the NYSDEC by June 15, 1995.
(iii) $70,000 on or before February 1, 1996. Notice of
such deposit shall be given to the NYSDEC by February 15, 1996.
(iv) $35,000 on or before the first day of February for five (5)
years commencing February 1, 1997. In the event of a default in any
payment, the NYSDEC reserves the right to declare the entire balance
to be due.
, All projects must be submitted to the Department and approved by the
Department prior to any monies being expended upon them. In addition,
annual reports shall be submitted to the Department by the Towns,
beginning on December 15, 1995 and continuing until all. monies
provided hereunder have been expended, setting forth the status and
accomplishments of the DEC-approved projects and expenditures thereon.
The projects are described in a proposal from Cornell Cooperative
Extension to the Institute and include (A) organic pesticide
demonstration and testing; (B) agricultural composting demonstration'
and testing; (C) pest management research; (D) . wetland restoration
projects; and (E) other projects as may be chosen by the Institute,
the implementation of which shall be subject to the review and ,
approval of the NYSDEC, which shall not be unreasonably withheld.
(c) In the event that SUNY is unable to continue to operate the
project for any reason whatsoever, the parties agree to use their best
.efforts to find an alternative independent contractor to replace SUNY.
In the event, however, that the monies are- not used for a period in
excess of two (2) years, the monies being held in escrow, together
with the monies subsequently paid into that account pursuant to the
schedule in subparagraph 2(a) , above, shall be paid by the .escrow
agent to an alternative recipae�en�.reII recipients
Department'sed by the
approval,
Towns and approved by the Dep
the escrow account must be modified accordingly.
(d) The Town's agreement with SUNY shall require the establishment of
an escrow account by SUNY in which the amounts referred to in 2(a)
above shall be paid, provided, however, that any expenditure from the
escrow account must be pre-approved by the Department. The Town's
agreement. with SUNY must also provide that an accounting of the escrow
account must be provided to the NYSDEC by the 15th of each month
beginning February 15, 1995.
(e) The Regional Attorney for Region One of the Department shall have
2
authority to approve expenditures from the escrow -account to be
established by SUNY.
(f) The DEC is not a party to the Agreement attached hereto as
Attachment 2, but hereby approves Paragraphs 2-11, thereof.
3. Failure by the Town to comply with any provision of this
Order, and the Attachments attached hereto and made A part hereof,
including any appendices thereto and the requirements of all approved
work plans and associated approved implementation schedules, shall
constitute a default and violation of this Stipulation, which shall
subject the Town to the following stipulated penalties for each
violation of the Order, without further administrative or judicial
adjudication:
Day -1 through 45 for each violation: $300 penalty per day.
Day 46 and thereafter for each violation: $1,000 penalty per
day.
4. All stipulated penalties and payments assessed pursuant to this
section shall become due and owing on. the 15th calendar day after .
receipt by the Town of written notice of determination from the
NYSDEC.
5. Beginning fifteen (15) calendar days after the date of such
notice, the Town shall pay interest on the penalty at the annual rate
of nine percent on the overdue amount from the day on which it was due
through, and including, the date of payment.
6. All penalties shall be paid by certified check or money order,
made payable to the "New York State Department of Environmental
Conservation" and delivered personally or by certified mail, return -
receipt requested: c/o Lori Riley,- Esq. , Regional Attorney, Department
of Environmental Conservation, Building 40, S.U.N.Y. Campus, Stony
Brook, NY 11790-2356.
B. :Environmental Monitoring.
Within thirty (30) days of the execution of this Order, the Town
shall pay to the NYSDEC, the sum of $10,000 to be- placed in an account
for the NYSDEC environmental compliance monitoring activities for the
Town's facilities, landfill compliance and closure activities and
compliance with this Order. This sum will be used toward payment of
the first- year costs for such activities, which sum shall be subject
to quarterly revision by the NYSDEC. Subsequent quarterly invoices
shall be submitted to the. Town to maintain an account balance
sufficient to meet the next nine months' projected expenses: This
nine months advance account shall be made in accordance with the
following provisions:
1. Qua-rterly invoice costs to be covered by this fund include:
3
(a) Direct personal service costs and fringe benefits of -the
environmental monitor(s) and full-time supervisor(s) , including the
cost of replacement personnel for the person(s) regularly assigned
to these positions.
(b) Direct non-personal service costs, including but not limited
to purchase or lease of a vehicle and its full operating costs,
equipment travel, training, supplies and materials, and any
appropriate chemical sampling and laboratory analysis fees.
(c) Inflation and negotiated salary increases.
(d) Overhead and indirect support costs at the annually calculated
indirect cost rate.
the required gtiarterly amount which
2. The NYSDEC may revise
factors such as inflation, salary
revision may take into account
e applied to the balance,
changes in
increases, accrued interest to b
operation hours and procedures, the need for additional or fewer on-
site monitors and supervision of such monitors by full-time monitor'
supervisors. The Town may seek information from the Department as to
the reason for any such revision, and such infor-mation shall not be
unreasonably withheld. It is understood by the parties hereto that the
sum of Ten Thousand ($10,000) Dollars is based on the provision of
funding for 10% of the cost as described above -of one environmental
monitor position. Any quarterly revision to this amount will be basp-d
on this same type of calculation.
3. Within thirty (30) calendar days after receipt of a
-quarterly statement/invoice from the NYSDEC, the Town shall forward ,
the amount due to the NYSDEC at: NYS Department of Environmental
Conservation, Room 608, 50 Wolf Road, Albany, New York 12233-1510,
Attention: Director, Environmental Monitors. Payments are to be in
advance of the period in which they will be expended.
4. Upon termination of this Order and payment of any outstanding
costs, the unexpended balance, including interest, will be returned to
roval of the Closure Certification Report for
Respondent-Upon DEC app
the landfill(s) , the environmental monitor amount will be reduced,
commensurate with expected future costs of environmental monitoring
pursuant to this paragraph I.B.
5. Failure to submit timely payments shall be considered a
violation of this Order which may be enforced pursuant to the terms of
this Order and/or as otherwise provided by law.
6. The obligation under this Section (I.B. ) shall terminate if a
change' in• law occurs such that a monitor for this subject facility
would no longer be required by law and/or regulation.
7. - The Town shall not be liable for any costs pursuant to
this is
paragraph.'I.B. in excess of an annual amount of thirty
4
•
($30, 000) Dollars.
C. Modification to Schedule Dates
The parties hereto recognize that implementation may be subject
to compliance with, among other things, the competitive bidding
requirements of the General Municipal Law. The parties further
recognize that delays may result in awarding contracts and
implementation of contracts when such bidding process is required. If
any such delay occurs due to the. bidding require- went, the Town may-
make application to the Department for a modification of the schedule
dates herein, provided that the Town requests such modification at
least ten (10) business days prior to the date for which it is
sought, and that said request provide justification for the
modification sought, including a showing that the delay was due to
circumstances beyond the Town's control. If such a modification
request is made, the modification requested shall not be unreasonably
withheld by the Department. This is not intended to limit to any
extent the Town's right to apply for variances, waivers or
modifications as provided elsewhere in this agreement or under Part'
360.
D. 360 Applicability
Unless otherwise specifically noted herein; the closure and post,
closure requirements of the 360 regulations in effect on October 8,
1993, shall apply to this Compliance Schedul6. However, should the
closure and/or post-closure requirements subsequently be amended or
revised so as to be less costly or onerous .to the Respondent, the
Respondent, at its sole option, can elect to proceed in compliance
with the updated requirements.
E. Request for Variance, Modifications, Waivers
The Town may submit in writing to the Department bona fide
requests for modifications of the time deadlines included in the
"Technical Requirements" (Section II, below) of this Compliance
Schedule, as well as variances, modifications or waivers under §360-
1.7(c) , of any substantive Part 360 requirement. A bona fide request
under this paragraph is defined as one which has been previously
discussed with the Department's technical staff and been deemed, in
writing, by such staff, to be technically complete and approvable
regardless of staff's opinion as 'to whether or- not it will ultimately
be approved on the merits.
Any such variance, modification and/or waiver requests with
regard to the provisions of II.B. below, will be submitted by the Town
no later than ninety (90) days of. the Department approval of the CIR.
The deadlines herein shall be suspended pending the Department's
determination that the request is bona fide and its subsequent
determination on the merits of any such bona fide request. Variance,
modification or waiver requests may be submitted subsequent to ninety
5
(90) days after the Department's approval of the CIR, but the
deadlines imposed herein shall not be suspended during the
Department's review and determination of such a request.
As to requests for an extension of the time deadline(s) under
this Order, if said requests are submitted in writing to the
Department at least thirty (30) days prior to the subject deadline(s) ,
the subject deadline(s) will be suspended until the Department has
rendered such a determination in writing.
F. Landfill Closure Funding.
The Department and the Town understand that interest-subsidized
short and long-term loans are available through the Environmental
Facilities Corporation to fund municipal landfill closure costs, and
that, in particular short-term subsidized- interest loans may be
available to cover landfill closure costs pending the availability of
landfill closure grants under the Environmental Protection Fund. Any
interest paid by the Town for loans pending Environmental Protection
Fund grant authorization would qualify as grant eligible costs under
the terms of the grant agreement and applicable legal requirements.
Further, the Department will take all necessary steps to facilitate
development of financing arrangements, including expeditious review
and approval of the Town's applications for funding under the
Environmental Protection Fund that meet the requirements of the law
and associated rules and regulations now being promulgated by the
Department. The Town's relative position on the grant eligibility
tion
list will be based upon the date of application unless the applic
-is subsequently disqualified. '
II. TECHNICAL REQUIREMENTS:
A, General Requirements
Immediately, Respondent, having ceased operation
of the Cutchogue Landfill on October
8, 1993, shall continue to maintain
the Landfill in compliance with the
requirements set forth in 6 NYCRR
360-1.14 (w) and take the necessary
steps to maintain the landfill in
compliance with the cover
requirements set forth in 6 NYCRR
360-2. 17 (d) .
B. Landfill Closure Requirements:
Within two (2) weeks of the Respondent shall submit to the
date of the execution of this Department any and all of its
Order, existing reports and data
relative to landfill gas and
6
hydrogeologic conditions at
the site.
Within forty-five (45) days of Respondent shall submit to the
the Department's written notifi- Department for its approval, an
cation to Respondent that approvable workplan for the
additional investigations and performance of such investiga-
data, if any, are necessary with tions and gathering of such data.
regard to methane gas and Said workplan shall include a
hydrogeologic conditions at the proposed implementation schedule
site, with implementation to commence
within forty-five (45) days of
Department approval of the
workplan.
Respondent shall complete
implementation in accordance with the
DEC approved workplan and schedule.
Within one hundred and fifty Respondent shall submit to the
(150) days of the- completion Department, an approvable' draft
of the implementation of the Closure Investigation Report (CIR)
above-referenced workplan, in compliance with 6 NYCRR 360-2.15
or of the Department's deter- (a) .
urination that no additional ,
investigation or data is
necessary, whichever is sooner,
Within thirty (30) days of A final• approvable CIR incorporating
receipt of DEC's comments DEC'-s comments shall be submitted by
on the draft CIR, Respondent to the Department for its
approval:
The Department-approved CIR shall
be attached to and incorporated into
this Compliance Schedule as Appendix
A. Respondent shall perform such
additional investigations as the
Department determines necessary due
to the analysis and conclusion in the
CIR. In the event additional
investigations are determined by
the Department to be necessary, a
schedule for these additional
"Approvable" as used in this Order shall mean approvable
by the ;Department with minimal .revision. "Minimal Revision"
shall mean that Respondents can incorporate all revisions
required by the Department and resubmit the plan for Department
approval within fifteen (15) calendar days after receipt of
written- comments of the Department.
7
investigations will be mutually
agreed to.
Within one hundred and eighty Respondent shall submit to the
(180) days from the Department Department an approvable draft
approval of CIR or Respondent's Closure Plan (CP) in compliance
completion of any additional 6 NYCRR Part 360-2.15; said plan to
investigations deemed necessary include an implementation schedule.
by the Department, whichever is
longer,
Within sixty (60) days of Respondent shall submit a final
the receipt of DEC comments �ECrsvcommentsincorporating
Department
on the draft CP,
for its approval. The Department-
approved CP shall be attached to and
incorporated into this Compliance
Schedule as Appendix B.
Within one hundred twenty Respondent shall commence implemen-
(120) days after the date of tation and complete it in accordance
approval of the Closure Plan, with •the Department-approved
Closure Plan and Schedule.
Within ninety (90) days after Respondent shall submit to the
completion of all construction Department for its approval, an
activities identified in the approvable Closure Certification ;
Department-approved CP, Report (CCR) , which shall include a
written certification of individuals
licensed to practice engineering in
the State of New York; that all ,
construction activities identified in
the Department-approved CP were
undertaken in accordance with each
requirement of 6 NYCRR Part 360 and
this Order. The Department-approved
CCR shall be attached to and
incorporated into this Compliance
Schedule as Appendix C.
The Department specifically
acknowledges that if the approved CP
includes a landfill cap, the Town may
apply for variances so that the cap
meets the following minimum
requirements:
(1) a geomembrane barrier with a
barrier protection layer of 12" of
soil;
(2) a 12" gas venting layer that has
a maximum of ten (10%) per cent by
weight passing through the #200 sieve
after placement;
8
(3) a minimum final 6" layer
composed of any material that can be
shown to be able to continually
support plant life.
The Department acknowledges that
based upon the facts as presently
known, such variance_ applications, if
they meet the applicable procedural
standards, will be deemed bonafide as
defined in I.E. above, and absent
extenuating circumstances revealed in
the Department's review of the
applications, will be acted upon
favorably by the Department.
As concerns any application for
variances for ground and surface
water monitoring for the landfill:
(1) upon implementation of the DEC
approved Closure Investigation Report
in accordance with this Stipulation,
and
(2) upon implementation of complete
baseline parameter monitoring one (1)
year from the date of initial base-
line monitoring in performance of% the
approved hydrogeologic work plan and
approved CIR, and
(3) upon implementation of quarterly ,
routine monitoring for two (2) years
from the date. of initial baseline
monitoring in accordance with the
approved Work Plans and approved
CIR2,
the .Town may thereafter monitor
ground and surface water semi-
annually for routine parametets and
every three (3) years for baseline
parameters, unless monitoring reports
reveal a contravention of applicable
ground and/or surface water standards
deemed material by the DEC in
accordance with the following
procedure.
2 � In the event that the Town demonstrates that existing
monitoring data satisfies all or part of the initial baseline
and/or routine monitoring requirements of this variance, all or
part of- the initial baseline and/or routine monitoring may be
waived by the DEC.
9
If a new or increased contravention
of ground and/or surface water
standards is documented, the Town may
demonstrate to -the DEC that the
contravention is non-material. If
the Town does not make this
submission, such contravention will
be deemed material. Upon such a
demonstration and prior to requiring
increased routine and/or baseline
monitoring, the Department must find
the contravention to be material by
considering the following factors:
(1) the toxicity or other hazard of
the contravening substance(s) ;
(2) the potential impacts to public
health (including drinking water
supplies) , the environment or natural
resources threatened by the
contravention;
(3) whether the contravention may
reveal a potential failure of the,
landfill cap.
Notwithstanding the procedure set
forth in this paragraph, upon finding
by the Department that the contraven-
tion is material, the Town shall
perform additional monitoring deemed
necessary by the Department to
determine the scope and nature of
pollution by the contravening
substance(s) and associated
substances pending resolution of any
dispute that may arise regarding the
Department's finding that the
contravention is material.
C. Solid Waste Management Plan (SWMP)
Within one hundred andtwenty Respondent shall submit to the
(120) days of receipt of DEC's Department, an approvable revised
comments on the revised Solid draft of the Solid Waste Management
Waste Management Plan (SWMP) , Plan (SWMP) which includes a
Comprehensive Recycling Analysis
(CRA) .
Within 'thirty (30) days of Respondent shall submit an
receipt of DEC's comments on approvable final SWMP to the roved
the revised draft SWMP, Department. The Department-app
plan shall be attached to and
incorporated into this Compliance
Schedule as Appendix D.
Upon approval of the SWMP Respondent shall implement the
10
by the Department, approved SWMP.
D. Permanent Transfer Station
Within two hundred and seventy The Town shall submit to the Depart-
(270) days of the date of ment, a complete and approvable
execution of this Order, application for one of the following
alternatives: (1) a permit pursuant
to 6 NYCRR Part 360 for the operation
of a solid waste management facility
for the collection at and
transportation from the site of
municipal solid waste generated
within the Town; (2) registration
pursuant to Part 360 for the type of
facility described above in #II;
and/or (3) an alternative plan for
the disposal of waste.
E. Reclamation
Within twelve (12) months The Town, at its sole option and
of the date of execution of discretion, shall have the right to
this Order, investigate the feasibility of
complete and/or partial reclamation
of the facility pursuant to 360-2.18,
effective October 9, 1993, as a
partial or complete alternative to
closure and shall have submitted,to
the Department, an approvable
Feasibility Study Report.
Within three (3) months of The -Town shall have submitted to the ,
the Department's approval Department for its approval, an
of the Feasibility Study approvable reclamation workplan with
Report, with findings that an implementation schedule. Upon
reclamation is feasible, Department approval of the reclama-
tion workplan, it shall be imple-
mented by the Town in accordance with
the approved plan and shall be
attached to and become incorporated
into this Schedule as Appendix E.
Upon DEC approval of the reclamation
plan, the Town shall have the right
to seek a modification of the
deadlines in this schedule for tasks
in the Closure Plan Implementation
which may be impacted by reclamation.
The Town shall not be held in default
under this schedule- if they are
waiting .for a response from DEC to
their request for such a modification
after DEC approval of a reclamation
plan, nor shall the Town be held in
default under this schedule if they
have submitted an approvable
feasibility study report in
11
accordance with this schedule and
have not yet received a Department
decision on it.
DEC's approval of any such
modification request shall not be
unreasonably withheld. It is
understood herein that this option is
to be explored by the Town
concurrently with the time frames in
this schedule, and not as a
substitute for them, until such time
as a reclamation plan is approved by
the Department.
F. Fishers Island Metal Dump Closure Requirements
Within one hundred and eighty The Town shall submit to the Depart-
(180) days of the date of ment for its approval, an approvable
execution of this Order, Closure Plan or approvable
specifications for total waste
removal, with implementation
schedule, identifying the method of
closure of the Metal Dump. The Town
shall implement the closure plan as
approved by the Department.
G. Reclamation of Mined Area
Within sixty (60) days of Respondent shall submit a revised
the date of execution of updated approvable reclamation plan
this Order, for the• ±5 acre mined area of the
Cutchogue Landfill in letter form.
Said plan shall include a request for .
a variance from the 25 foot buffer.
requirement, which variance will be
acted upon favorably by the
Department, absent extenuating
circumstances revealed in the
Department's review of the
application letter; a minimum 1:2
slope to be established and
definitive narrative statement as to
the proposed land use objective.
Said plan shall include a timetable
with reclamation to be completed no
later than one (1) year from its
initiation. The Town shall implement
the plan as approved by the
Department.
The Department hereby acknowledges
that- the Town has submitted a mining
and reclamation plan in December,
1987.
12
ATTACHMENT II
AGREEMENT, made and entered into this day of October
1994 by and between the- Towns of Riverhead, Southold and East
Hampton ("Towns") , and the State University of New York at Stony
Brook ("SUNY!') on behalf of its Center for Excellence and
Innovation in Education, who will work in conjunction with the
Marine Sciences Research Center.
The parties to this agreement hereby agree that:
1. The Towns hereby retain the services of SUNY for purposes
of developing, implementing and operating the East End
Environmental Camp (the Project) , which is more fully described
below.
2. Within ninety (90) calendar days after execution of this
Agreement, SUNY shall submit to the New York State Department of
Environmental Conservation ("DEC") , a plan and description of the
Project ("Project Plan!') , including a schedule for development and
implementation of the project for commencement, during the Summer
of 1995. The. Project Plan shall, at a minimum, include the
following:
a. Beginning on January 15, 1995, submittal by SUNY to the
DEC and the Town, an annual budget and proposed program for the
following summer season on or before November 15 of each year;
b. Beginning on October 1, 1995, submittal by SUNY to the DEC
and the Town, an annual year end report on the prior summer's
experience by no later than October 1 of each year;
c. Provision for at least three (3) one-week sessions per
1
summer of the environmental education camp commencing in the
summer of 1996, serving approximately 100 (but not less than 75)
campers per week, including contractual arrangements with the
Baiting Hollow Camp or an acceptable alternate site, and provision
for necessary supplies, equipment .and associated contractual
services; a one-week experimental camp serving 100 (but not less
than 75) campers per week shall be conducted during the summer of
1995.
d. Provision for hiring, training and qualifications of
conservation camp supervisor(s) , conservation camp counselor(s) ,
and all other employees necessary pursuant to any applicable laws,
rules and regulations for such projects and/as necessary to
implement the Project;
e. A curriculum comparable to that developed for existing
environmental education camps in New York .State, centering on
natural resources and environmental quality through active
participation in the environment, including but not limited to
studies to be conducted in streams, ponds, marshes, coastal
environments and woodlands in the environment of the camp so as to
lead to a better understanding of the interconnections of
'components- of the environment; aimed at developing environmental
literacy and the acceptance of personal responsibility for
stewardship of resources; and emphasizing the importance and value
of the marine resources and their history on Long Is
f. •Provision for necessary capital improvements to the
selected camp site; and
2
i
g. Provision for the establishment of a schedule for camper
tuition/fees and eligibility criteria; SUNY shall exercise its
best efforts to ensure that at least 30% of the campers reside
outside of Suffolk County; SUNY shall also establish a program for
at least 30% full-paid scholarships based upon economic need.
Fifteen (15%) percent of such full paid scholarships shall be per
Town for camper participating herein, for residents of the Town.
h. Provision for at least 15% of available camper spots to
be offered to children from each of the Towns participating in the
funding of the Project. (i) A plan for recruitment of attendees
to meet the percentages noted in g and this section h. The
recruitment for the 15% from the Town will be coordinated through .
the Town's recreation department. If the 15% have not been filled '
within ninety (90) days of the starting date of that summer's
camp, SUNY reserves the right to fill any vacant spots from other*
areas.
3. Upon approval by the DEC of the Project Plan, SUNY shall
implement the Project Plan as approved.
4. If the Baiting Hollow Camp site should for any reason
become unavailable, any alternate site selected by SUNY shall be
located in one of the Towns participating in the Project.
5. The parties acknowledge that SUNY is an independent
contractor and solely responsible for the planning implementation
and operation of the Project. SUNY shall, to the fullest extent
authorized under the New York State Court of Claims Act and case
decisions thereunder, be responsible to the Towns (and DEC) for
3
all liability, demands, claims, suits, losses, damages, causes of
action, fines or judgments, including costs, reasonable attorneys'
fees if assessed by a court of competent jurisdiction, witness
fees and expenses incident thereto, for damages to persons or
property arising out of or in connection with the Project if
caused by negligence of the Center, its agents or employees. In
addition, SUNY shall purchase and maintain liability and/or any
other insurance necessary for the implementation of the Project in
the appropriate amounts but not less than One Million Dollars per
person and Three Million Dollars per incident. Said insurance
shall name the Towns and the DEC as additional insureds.
6. Beginning on February 1, 1995, SUNY shall as prescribed in -
Attachment I incorporated herein receive from the Towns funds on
or before February l of each year for that year's summer camp. '
If, for any reason, SUNY does not implement- the Project after
having withdrawn funds from the escrow account, any funds not
already dedicated for a specific purpose- will be immediately
returned to the DEC for return to the escrow account.
7. SUNY acknowledges that the source of the funding for the
project is monies paid by the Towns into an escrow fund
established and maintained by SUNY under sole and exclusive
control in amounts specified in stipulations of settlement entered
into between each Town and NYSDEC on this date, and fees paid by
users. SUNY acknowledges that it is familiar with the terms of
the stipulations and in particular, with the monies to be paid and
the dates when they are due. SUNY further acknowledges that
4
neither one of the Towns will provide any -additional monies other
than those specified in the stipulations of settlement and that
NYSDEC and SUNY is providing no independent funds for the Project.
8. SUNY shall expend money only from the escrow account upon
prior approval by the NYSDEC's Regional Attorney after submission
of an annual budget. All disbursements from the account must be
made in accordance with the Department approved budget.
9. The parties hereto agree that this Agreement shall remain
in effect from the date of its execution -until October 1, 2001,
provided, however, that if monies paid by these Towns remain in
the escrow account after October 1, 2001, this Agreement shall
remain in effect until all monies adequate for the continued
operation of the camp in said account have been expended. SUNY
may elect to terminate this agreement in the event adequate monies
are not available. Such termination shall be effective upon the
Towns -and DEC's receipt of written notice. Said notice to be at
least sixty (60) days prior to anX such termination. ,
10. SUNY acknowledges its obligation to develop, implement
and operate the Project in accordance with the NYSDEC-approved
Project Plan. If the NYSDEC determines that SUNY has failed to
develop, implement and operate the Project in accordance with the
NYSDEC-approved Project Plan, SUNY, upon notification from the
NYSDEC, must return any monies not dedicated for a specific
purpose to the escrow account, which the NYSDEC determines to be
necessary. The parties hereto hereby recognize the authority of
the NYSDEC to make determinations in this regard.
11. It is understood and agreed to by the parties hereto, that
SUNY shall be relieved of all obligations herein in the event an
5
•
acceptable camp site suitable to carry out such obligations is not
available or in the event circumstances beyond it's control
prevent SUNY's operation of the camp.
12. The provisions of Exhibit A (Standard State clauses) are
incorporated herein.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands hereby acknowledging that the provisions of this
agreement shall be binding upon them and any successors thereto.
G
TONY BUK JOSEPH JANOSKI
Supery or Supervisor
on behalf of the on behalf of the
Town of st Ha pto Town of Riverhead
4M.1c;
THOMAS WICIMAM MICHAEL DEMARTIS
Supervisor Director of Purchasing
on behalf of the and Stores Purchasing
Town of Southold 'State University of New York
at Stony Brook
6
STATE OF NEW YORK)
ss. .
COUNTY OF SUFFOLK)
On this "7' � day of 06V'�O 1994, before me
personally came Tony Bullock, to me known and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged to me that he execut d the same.
JEAN R.HORNECK
NOTARY PUBUC
STP.TE J*NAV YO:X
*47?i 499
QUAUFIED His;U COU'.'TY
CON�MIusm"y�,. ,� ^i;IAf�L,s-I:x�,19y O Y 'PUBLIC
STATE OF NEW YORK)
ss. .
COUNTY OF SUFFOLK)
On this 'r day of 1994, before me
personally came Thomas Wickham, to me known and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged to me that he executed the same.
N TARY PUBLIC,uwM;CRY
teary Pubtic.State of New York
No.ed in Sufdk
63
Qualified in Wei Mc County
STATE OF NEW YORK) CO"'^"� ^moiresy 3t,ts,�
ss. .
COUNTY OF SUFFOLK)
On this day of 1994 , .before me
personally came Michael DeMartis, to me known and known to me to
be the individual described in and who executed the foregoing
instrument and he acknowledged to me that he executed the same.
NOTARY PUBLIC
7
STATE OF NEW YORK)
ss. :
COUNTY OF SUFFOLK)
On this day of 1994 , before me
personally came Joseph Janoski, to me known and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged to me that he executed the same.
NOTARY PUBLIC
LS:A:encehamp1004941s
8
State Assistate Municipal Landfill ClosAD Program
(6 NYCRR Subpart 360-9,Revised December 14, 1994
and September 29, 1997)
MUNICIPAL LANDFILL CLOSURE ,
PROJECT WORK PLAN
FACILITY NAME Town of Southold Landfill
EXTENT OF WASTE DEPOSIT (ACRES)
approx. 30
FACILITY ID#
FACILITY LOCATION Connty Rd_ AR' Cutchouna. NY
COUNTY Suffolk
Tovn of Southold
FACILITY OWNER
Tovn of Southold
FACILITY OPERATOR
CONTACT PERSON Janes Bunchuck, for Jean Cochran, Town supervisor
ADDRESS Southold Tovn Solid Waste District, P.O. Box 962
Cutchogue,NY 11935
PHONE NO. (516) 734-7685
BEGIN DATE END DATE COST
STAGE (P/A) (P/A) (E/A)
* Perform Closure
9/95 (A) 3/95 (A) $90,000
Investigation
Prepare Closure 1/96 (A) 12/971(A) $30,000 (A
Investigation Report
2/98 (A) 8/98 (P) $100,000 (E
Prepare Closure Plan
Perform Vector 3/99 (P) 4/99 (P) $10,000 (E
Remediation, if required
Construct Leachate
Collection System, if NA NA NA
required
Construct Gas Venting
Layer and Gas 4/99 (P) 5; 99 (P) $1 , 700,000 ( E)
Collection/Control
System
" Prepare Closure Investigation
Work Plan 11/94 ; JA) 3/95 (A) $10,000 (A)
(8/97) Page 1B of 2B
BEGIN DATE 4OND DATE COST
STAGE (P/A) (P/A) (E/A)
Construct Barrier Layer 5/99 (P) 7/99 (P) $1 , 550,000 (E)
Construct Barrier 7/99 (p) 9/99 (p) 940, 000 (E)
Protection Layer
Construct Topsoil Layer 9/99 (P) 10/99 (P) 660, 000 (E)
Establish Vegetative 10/99 (P) 11/99 (P) 660,000 (E)
Cover
Prepare Construction 11/99 (P) 12/99 (P) 50,000 (E)
Certification Report
Total $5, 800,000
Notes : P = Prospective
A = Actual
E = Estimated
(8/97) Page 2B of 2B
SOUTHOLD TOWN LANDFILL CLOSURE PROJECT
AFFIRMATIVE ACTION WORK PLAN
State Assistance Municipal Landfill Closure Program
for
Assistance for Non-Hazardous Municipal
Landfill Closure Projects Under Title 5
of Article 54 of the Environmental Conservation Law
The Town of Southold will comply with the following affirmative action and equal employment
opportunities provisions, as found in: Federal Executive Order No. 11246,as amended; Title VI
of the Civil Rights Act of 1964, as amended; Title VII of the Civil Rights Act of 1964,as
amended;the Americans with Disabilities Act of 1990, as amended; 38 U.S.C.4212 of the
Vietnam Era Veterans Readjustment Assistance Act of 1974; the Age Discrimination Act of
1967, as amended; Section 503 of the Rehabilitation Act of 1973,as amended;Section 109 of the
Housing and Community Development Act of 1974,NYS Executive Law, Article 15-A. and all
other State and Federal statutory and constitutional non-discrimination provisions.
The Town of Southold is committed to carry out the intent of New York State Executive Law,
Article 15-A, as they pertain to the activities financed by the State Water Pollution Control
Revolving Fund Program loan.
The Town of Southold will develop a comprehensive MBE/WBE-EEO program which will assure
the meaningful participation of minority and women's business enterprise in contracting and the
meaningful participation of minorities and women in the workforce(s) associated with the
Southold Town Landfill Closure.
James C.McMahon,Executive Assistant,Town of Southold shall be the local governmental
official responsible for administrating the approved comprehensive Affirmative Action Program.
The Town of Southold has begun work on the final closure andcapping
f the Townown and the
Cutchogue,New York, in accordance with the stipulation settlement
DEC of October 5, 1994.
The landfill property encompasses approximately 60 acres, about one-half of which contains
material landfilled from around 1920 through October 8, 1993, when all landfill activity ceased,
All manner of mixed municipal solid waste is buried at the site, including household trash, small
business commercial waste, septic waste(sludge), construction and demolition debris,and yard
waste. There is no industrial waste buried at the site. In addition,burial of Household Hazardous
Wastes virtually ceased in 1986,when Southold became the first municipality in New York State
to establish a permanent HHW facility.
Since the landfill opened prior to the establishment of Part 360 Regulations it was constructed
without a liner. The Town has proposed standard Part 360 cap, including a geomembrane, over
the entire waste mass, which consists of roughly 30 acres. Since much of the site is at a relatively
flat grade consistent with surrounding properties the Town proposes to establish an undulating
"wavy" surface to steer runoff into a series of sumps outside the waste mass.
The contractor(s) shall provide services in support of a series of engineering, analytical, and
construction work phases required to meet Part 360 Closure Requirements, subject to approved
variances, some of which have been applied for by the Town and are under review by the
NYSDEC. These phases of work began with preparation of the Closure Investigation Work Plan
(already completed and approved), and end with the final Construction Certification Report(see
Closure Project Work Plan, attached).
The Closure Investigation Work Plan provides a detailed description of the investigation field
activities, including the sampling and analytical quality assurance/quality control program to be
undertaken in the Closure Investigation. The Closure Investigation Report presents findings of
the field work and provides the basis for the Closure Plan. The Closure Plan will involve the
engineering work necessary to develop the plan and specifications for the closure, including the
actual construction activity,and the gas, leachate,and runoff control mechanisms.
Construction of the landfill cover itself will include the work necessary to lay the base, gas
venting,barrier,barrier protection,and topsoil layers, as well as the asphalt pad and vegetative
cover. The Town plans to use the pad for a NYSDEC approved yard waste composting program.
The soil and vegetative cover will be designed to promote shallow-rooted plant growth and
direct runoff into recharge basins. The construction phase will require considerable regrading of
the site and special landscape expertise.
s •
Town Hall,53095 Main Road
JAMES C. McMAHON �O � P.O.Box 1179
Administrator Cz
H Southold,New York 11971
Telephone(516)765-1892
Fax(516)765-3136
TOWN OF SOUTHOLD
COMMUNITY DEVELOPMENT OFFICE
March 17, 1998
Mr. Kenneth Shider
Program Services Representative
NYS Environmental Facilities Corporation
50 Wolf Road
Albany, NY 12205-2603
Re: State Water Pollution Control Revolving Fund (Project #5110-01)
M/WBE-EEO Program
Dear Mr. Shider:
Please find the enclosed Affirmative Action Work Plan for the Town of Southold, in
reference to the capping and closing of the Southold Town Landfill.
As you can see in timetable of the Project Work Plan, the Town of Southold does not
intend to begin construction on the project until early 1999 and these cost estimates
represent our "best guess" of the project budget and the resulting M/WBE and EEO
summary.
I will update the M/WBW-EEO Work Plan as the project develops and bids are solicited
and received.
Please give me a call if you have any questions on the enclosed.
Sincerely,
mes McMahon
Town of Southold
Community Development Office
M/WBE-EEO Work Pian
Please complete this chart if your project's State Share request is more than$25,000..
Municipality: Town of Southold Application Date:
Address: 53095 Main Road City: State: NY Phone No.
PO Box 1179 outhold Zip-11971 (516) 765-1889
Name and Title of Authorized Signature:
Authorized Representative: Jean W. Cochrane
Supervisor
d 'As above City: State: NY Phone No.:
Zip:
f :ress:
ameand Title of James McMahon Phone No.:
Affirmative ActionRep.:Executive Assistant (516) 765-1892
Dctcription of Contract: State AidCapping & Closing MSW Landfill (attach a copy of the project description from application)
Project Category: Check all that apply: Equipment purchase Q Construction W Other(service) a Engineering Services
M/WBE AND EEO SUMMARY (Call 518-457-0749 for applicable percentages in#5, #6,#9, #10)
1.Total Value of Project $ 5,800,000.
2. Dollar amount spent to $ Complete the items below if your
date by applicant project involves salary/employment % No. Of Emps.
costs:
. Balance(subtract#2 $
from#1)
4. State Share of Balance $ 2,000,000. 8. Total number of employees working %
(50%of#3 above) on this project
5. MISE Amount of9. Total Goal for Minority Employees 10 %
contract 15% 870,000.
6. WBE Amount of 10. Total Goal for Women Employees 10 %
contract 5$ 290,000.
7.Total M/WBE Amount 11. EEO Combined Totals 20 %
of contract 20% ,160,000.
SECTION I--WBE INFORMATION In order to achieve the WBE goals, these minorityms are expected to participate in the
following manner: Yr
WBE FIRM ')escription of work to be done Projected Scheduled Contract . Contract
S y WBE contact amount contract Payment completion
& award date start date Schedule date.
Name: $
ddress No work on this project
has been bid by the
Cin, . Town o f Southold Date:
ST/Zip
Phone
Name: S
r
Address
City Date: :.
ST/Zip
hone
Name: $
Address
City Date:
ST/Zip
Phone
SECTION I--MBE INFORMATION In order to achieve the MBE goals, these minority forms are expected to participate in the
following manner:
MBC t p J
IRM Description of work to be done Projected Scheduled Contract Payment Contract
by MBE contact amount contract Schedule completion
& award date start date date.
Nome:
No work onithis pro eget
Address has been bid by the
Town of Southold
w
City Date:
STaip
Pliorre
Name:
Address
City Date:
ST/Zip
Phone
Nante: S
Address
City Date:
ST/Zip
P/tv�re
SECTION III--EEO INFORMATION: In order to achieve the EEO goals minorities and females are expected to be employed in the
following job categories for the specified amount of work hours:
All Employees Minority Employees
Job Categories Total Work Hours of Males Females Black Asian Native Hispanic
Contract American
Officials/ No work on this project has been
Managers bid by the Town of SOILthold
Professional
Technicians
Sales Workers
Office/Clerical.
Craftsmen
aborers
Service/
Workers
TOTALS
MING AND WOMEN'S BLISINESS-EQUAWWPLOYMENT
OPPORTUNITY PROGRAM WORKWN
Policy Statement
The Town of Southold commits to carrying out the intent of the
(Name of%luncpality)
New York State Executive Law.Article 15-A wnich assures the meaningful oarticipation of minority and women's business
enterprises in contracting and services.and the meaningful participation of minorities and women in the workforce on activities
5nanced by the CWSRF program loan.
Minority Business Officer
James McMahon is designated as the local Govemment Official or Minority Business
(Name of Designated officer)
Officer responsible for administering the Town of Southold Minority and Women's
(Name of Municipality)
Business-Ecual Employment Ooportunity gvVWBE-EEO)program.
MNVBE Protected Goals
/S" %Minority Business Enterprise Partiaoation
%Women s Business E.nteronse Parncoation
EEO Protected Goals
/ b %Minority Labor Force Participation
/p %Female tabor Force Participation
QA,
4 Author tuts e i
James McMahon, Town of Southold
T:,.-Executive Assistant
Due•
.03/.17/1998 13:23 734'1976 LA111*ILL rauc vl
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9,Revised December 14 , 1994
and September 29, 1997)
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN
FACILITY NAME Tovn of Southold Landfill
EXTENT OF WASTE DEPOSIT (ACRES) approx. 30
FACILITY ID#
FACILITY LOCATTON (!n"nCt RA Ago Ciat0buffac- MY
Suffolk
COUNTY
Tovn of Southold
FACILITY OWNER.
Tovn of Southold
FACILITY OPERATOR
CONTACT PERSON - Tanes Bunch k, for Jean�nr_hrsn�'rnm S"00-visor
Southold Tom Solid. Waste District, P.O. Boz 962
ADDRFS!c' Cute ogae,NY 11935
PHONE NO . (516) 734-7685
VZGIN DATLO END DATE COST
STAGE (P/A) (P/A) (S/A)
�« Perform Closure
9/95 (A) 3/95 (A) (90,000
Investigation
Prepare Closure 1/96 (A) 12/97 : (4) $30,000 (A
Investigation Report
2/98 (A) 8/98 (P) $100,000 (E)
Prepare Closure Plan
Perform Vector 3/99 (P) 4/99 (P) $10,000 (E
Remediation; if required
Construct Leachate NA NA NA
Collection. System, if
required
Construct Gas Venting
Lay6r and Gas 4/99 (P) 5/99 (P) ;1 . 700,000 ( E)
Collection/Control
System
" Prepare Closure investigation
Work Plan il/94 , (1�) 3/95 (A) #10,000 (A)
(8/97) Page 1B of 2B
83,17/1998 13:23 73.17 376 LAMA'ILL
BEGIN DATE END IMA TR COST
STAGE (P/A) (P/A) (s/A)
5/99 (P) 7/99 _(P) $ 115501000 (E)
Construct Barrier Layer
Construct Barrier 7/99 (P) 9/99 (P) 940, 000 (E)
Protection Layer
9/99 (P) 10/99 (P) 660,000 (E)
Construct Topsoil Layer
Establish Vegetative 10/99 (P) 11/99 (P) 660,000 (E)
Cover
Prepare Construct-ion 11/99 (P) 12/99 (P) 50,000 (E)
Certification Report
Total $5, 800,000
Notes: P ; Prospective
A • Actual
E - Estimated
(8/97) Page 2B of 2B
JEAN W.COCHRAN y0 C�G�^ Town Hall, 53095 Main Road
SUPERVISOR o c P.O. Box U79
coo Southold,New York 11971
0 Fax(516)765-1823
- Telephone(516)765-1889
�,
�ipl �a0
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
February 19, 1998
Norman Nosenchuck,Director
NYS DEC Division of Solid Waste
50 Wolf Road
Albany,NY 12233-4010
Dear Mr.Nosenchuck:
I hereby submit the following statements in support of the Town of Southold's application for State
Assistance for Non-Hazardous Municipal Landfill Closure Projects Under Title 5 of Article 54 of the
Environmental Conservation Law,as required.
1) SITE CLASSIFICATION
The Southold Town Landfill was delisted from the State Registry of inactive hazardous waste sites and
was removed from the list of potential(Class 2a)hazardous waste sites by the DEC in October 1993.
These actions were taken as a result of findings of the July 1991 Part 360 and Phase H Hydrogeologic
Investigation,and subsequent sampling events.
2) SITE USE AFTER CLOSURE
Once closed pursuant to Part 360 regulations,the closure project area will not be considered for the
location of any future landfilling activity.Nor is the Town considering using the area for any other
purpose,with the exception of the asphalted portion which will be used for the proposed yard waste
composting program,pending DEC approval.After closure,any uses of the area or portions thereof
would be undertaken only in accordance with DEC regulations.
3) POST-CLOSURE OPERATION AND MARTIEMNCE
The Town will fiord and implement post-closure monitoring and maintenance of the landfill closure site
in accordance with Subdivision 360-2.150)of the regulations,and in consideration of variances
available in the Town's stipulated agreement with the DEC.
SIGNED,AS AUTHORIZED BY TOWN BOARD J . Cochran Date
RESOLUTION OF FEBRUARY 19, 1998 Supervisor,Town of Southold
/rbw
Application f•State Assistance Under t'ew York State
Landfill Closure State Assistance rogram
Pursuant to Title 5, Article 54 and Title 4 of Article 56
of the Environmental Conservation Law
(Please type or neatly print in black ink)
NAME OF APPLICANT (Municipality) Town of Southold
POPULATION OF MUNICIPALITY 21 ,000
(based on the most recent "Census of Population [New York] , "
United States Department of Commerce, Bureau of Census)
Suffolk
COUNTY 0
T6vn of Sotthold Landfill
SITE NAME
SITE LOCATION County Rd. 48, Cutchociue, NY
OBLIGATION TO CLOSE Stipulation of Settlement
(reference and attach copy of administrative order, court order
or permit containing obligation to close the landfill closure
site by a specific date)
INDIVIDUAT.-AUTHORIZED TO SIGN THIS APP_L.ICATION
Name Jean W. Cochran
Title Supervisor, Tovn of Southold
Address 53095 Main Rd. ,
City Southold State NY
Zip Code 11971
Phone No: (516) 765-1889
(include area code)
QFFI.CIALt_TO .NHOM-PAYMENT CHECKS ARE TO BE MAILED
Name John Cushman
Title Tovn Accountant, Town of Southold
Address 53095 Main Rd.
City Southold State NY
Zip Code 11971
Phone No. : (516) 765-4333
(include area code)
(8/97) IA of 3A
CERTIFICATION: TFie undersigned does hereby ortify that the
information contained in this application and in the
attached certified copies of resolution (s) , other
statements, and exhibits is true, correct, and complete to
the best of his or her knowledge and belief, and further
that any and all statements, data, and supporting documents
which have heretofore been furnished for the purpose of
receiving New York State assistance for the landfill closure
funding described herein are attached hereto in full .
Si ature of individual authorized D to
to sign application
Name Jean W. Cochran
(typed or neatly printed in black ink)
Title Supervisor, Town of Southold
(typed or neatly printed in black ink)
Submit the original and one copy of the completed
application package to:
Director
Division of Solid & Hazardous Materials
Attn: Landfill Closure Assistance Program
50 Wolf Road
Albany, New York 12233-7250
Also, submit one copy of the completed application package
to the NYSDEC Regional Solid & Hazardous Materials Engineer
at the appropriate regional headquarters (as shown on the
map of DEC regions included in the Application Kit) .
(8/97) 3A of 3A
t of Environmental Conservation
New York State Department
Builcing 40 SUNY,Stony Brook,New York 11790-2356 v
Phone (516)444-0375 _
Fax (516)444-0231
John P.Cahill
Acting Commissioner
December 19, 1997
The Honorable Jean W. Cochran
Supervisor, Town of Southold
Town Hall, 53095 Main Road
Southold,NY 11971
Dear Supervisor Cochran:
The New York State Department of Environmental Conservation(The Department)is in receipt of the
revised Section 8.0(Conceptual Closure Plan)of theTown of Southold Closure Investigation Plan for the
Cutchogue landfill.Based on a review of this report,the Department agrees that this conceptual plan
addresses the technical comments provided by the Department by our letter date June 20, 1997 and meets the
closure requirements of 6NYCRR Part 360 Subdivision 360-2.15. This conceptual plan maybe incorporated
in your final Closure Investigation Report and capping design for the Cutchogue landfill.
If you have any questions concerning this matter,please call me at the above telephone number.
Sincerely,
Mathew Eapen
Environmental Engineer I
cc: D. Ramrakhiani
M. Treers, Cenral Office
File 52517.
• �SQFFi)(/�C •
ELIZABETH A.NEVILLE �`1 �Gy Town Hall,53095 Main Road
TOWN CLERK o P.O. Box 1179
H Z Southold,New York 11971
REGISTRAR OF VITAL STATISTICS v' • Fax(516)765-1823
MARRIAGE OFFICER oy �� Telephone(516)765-1800
RECORDS MANAGEMENT OFFICER '�Ol �a
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THE FOLLOWING RESOLUTION WAS ADOPTED BY
THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON
FEBRUARY 19, 1998:
RESOLUTION - FEBRUARY 19, 1998
RESOLUTION AUTHORIZING THE SUBMISSIONAPPLICATION
O ARTICLE 54 OF
ASSISTANCE FOR LANDFILL CLOSURE PURSUANT TO
THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW.
WHEREAS, the Town of Southold, herein called the "Municipality"
has hereby determined that certain work, as described in the state
assistance application and any amendments thereof, herein called the
"Project", is desirable and in the public interest; and
WHEREAS, Title 5 of Article 54 of the Environmental Conservation
Law authorized state assistance payments to municipalities for
closure of municipal landfills by means of a written agreement and
the Municipality deems it to be in the public interest and benefit
under this law to apply therewith;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of
Southold:
1 . That Jean W. Cochran, Supervisor of the Town of Southold is
directed and authorized as the official representative to
act in connection with any application between the
Municipalityand the State, and to provide such additional
Information as may be required;
2. That one (1) certified copy of this Resolution be prepared
and sent to the Director, Division of Solid Waste, New York
State Department of Environmental Conservation, 50 Wolf
Road, Albany, New York 12233-4010, together with the
application; and
3. That this Resolution take effect immediately.
401zabe�4N2evIIIe(
Southold Town Clerk
February 20, 1998
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
. . . . . . . . . . . . . . . . . X
THE TOWN OF SOUTHOLD,
Petitioner,
Index No. 91-19050
- against -
Justice Werner
THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION OF THE STATE OF NEW YORK,
Respondent.
. . . . . . . . . . . . . . . . . X
STIPULATION OF SETTLEMENT
IT IS HEREBY STIPULATED AND AGREED by and between the
parties herein (i.e. , the New York State Department of
Environmental Conservation ("DEC, " "Department, " "NYSDEC") and
the Town of Southold ("Town") as follows:
1. The above-referenced Article 78 proceeding, together ;
with the Administrative proceedings presently pending against the
Town, bearing Department of Environmental Conservation No. 1-
402 0,
-4020, is settled in accordance with the terms set forth below and
in the "Compliance Schedule" attached hereto as Attachment 1 with
Appendices and agreement attached hereto as Attachment 2 and
incorporated by reference herein. All the terms and conditions
of the Compliance Schedule attached hereto as Attachment 1 with
Appendices and the DEC-approved portions of the Agreement
attached hereto as Attachment 2 are the essence of this
Stipulation.
2. . This proceeding as well as the pending administrative
proceedings shall be discontinued with prejudice without costs
and disbursements awarded to any party on the terms and
' 1
conditions set forth at Paragraphs 1 and 3 through 7, herein.
3. On October 8, 1993, the Town ceased the landfilling of
any wastes at the Cutchogue solid waste management facility. The
Town will not landfill any wastes at the Cutchogue solid waste
management facility in the future, except for cover materials
approved by the DEC, which approval will not be unreasonably
withheld. This last sentence shall. not prohibit the Town from
continuing other solid waste management activities that are
permitted or approved by the DEC at the Cutchogue solid waste
management facility.
4. The parties agree that this Stipulation settles, among
other things,* all operational violations of the Part 360 regula-
tions applicable to the Cutchogue Landfill and the Fishers Island
Metal Dump, whether asserted or not asserted by the DEC in the
administrative proceedings recited above, through the execution
hereof. This does not foreclose, however, the DEC from pursuing
any action within its authority and jurisdiction to enforce
violations arising at the site after the execution hereof.
5. The partieshereby acknowledge that this Stipulation is
in full satisfaction of any and all claims each has raised or
could have raised against the other through the date of the
signature hereof with regard to the operation of the Cutchogue
Landfill under Article 27 of the New York State Environmental
Conservation Law ("ECL") and 6 NYCRR 360 or any claims related
thereto.
6. This Stipulation may be so ordered by the Court without
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further notice from one party to the other. It may thereafter be
enforced as a judgment of the Supreme Court of the State of New
York. The parties agree that this Stipulation may,
alternatively, be enforced in an administrative proceeding
instituted by the DEC.
7. This Stipulation is referred to as "Order" in
Attachments 1 and 2, hereto.
Dated: Stony Brook, New York
1994
G. Oliver Koppell Langdon Marsh
Attorney General of the Commissioner, New York State
State of New York Department of Environmental
Attorney for Respondent Conservation
New York State Department of Law
120 Broadway
New York, New York 10271 By:
Ray E. Cowen, P.E.
Regional Director
By:
Gregory J. Nolan _
Assistant Attorney General
Frank Isler Town of Southo d
As Counsel for the Town of Southold
Smith, Fi elstein, Lundberg,
Isler •an akaboski ,k-
By. Nomas Wickham
456 Grif g Avenue
River-he , New York 1 9 Supervisor
By:
_ Frank Isley
SO ORDERED AND ENTERED,
HONORABLE M.M. WERNER, J.S.C.
3
ATTACHMENT I
Town of Southold
Compliance Schedule
I. GENERAL REQUIREMENTS
A. Payments.
1. There is hereby imposed upon the Town a civil penalty in
the sum of Six Hundred Fifty Thousand ($650,000) Dollars, Twenty
Five Thousand ($25,000) Dollars of which shall be paid on or before
June 1, 1995.
2. The remaining $625,000 of the civil penalty shall be
suspended, conditioned upon the Town's payments as described below:
(a) To the State University at Stony Brook (hereinafter
"SUNY„) , East End Environmental Camp Program at the Baiting _
Hollow Boy Scout Camp in Wading River in the Town of Riverhead
(hereinafter- "Project") :
(i) Forty Five Thousand ($45,000) Dollars on or before
February 1, 1995. Notice of such deposit shall be given
to the NYSDEC by March 1, 1995.
(ii) Thirty Thousand ($30,000) Dollars on or before
June 1, 1995. Notice of such deposit shall be given to
the NYSDEC by June 15, 1995.
(iii) Fifty Five Thousand ($55,000) Dollars on or before
February 1, 1996. Notice of. such deposit shall be given
to the NYSDEC by February 15, 1996.
(iv) Thirty Thousand ($30,000) Dollars on or before the
first day of February for five (5) years commencing
February 1, 1997. In the event of a default in any
payment, the NYSDEC reserves the right- to declare the
entire balance to be due.
(v) The parties hereto agree that these monies shall be
used to establish and maintain the East End Environmental
Education Camp to be independently operated by SUNY, in
accordance with the agreement entered into simultaneously
herewith among the Towns of Riverhead, Southold and East
Hampton and SUNY, a copy of which is annexed hereto and
made a part hereof as Attachment No. II. It is
acknowledged that the Towns' sole responsibility with
respect to the project is to provide the funds as set
forth in paragraphs 2 (a) hereof.
(b) To the East End Economic and Environmental Institute for
1
s . •
use in the Institute's project relating to -the preservation
and protection of natural resources and the environment as
follows:
1 $55,000 on or before February 1, 1995. Notice of such
deposit shall be given to the NYSDEC by February 15, 1995.
(ii) $45,000 on or before June 1, 1995. Notice of such
deposit shall be given to the NYSDEC by June 15, 1995.
(iii) $70,000 on or before February 1, 1996. Notice of
such deposit shall be given to the NYSDEC by February 15, 1996.
(iv) $35,000 on or before the first day of February for five (5)
1997. In the event of a default in any
years commencing February 1,
payment, the NYSDEC reserves the right to declare the entire balance
to be due.
, All projects must be submitted to the Department and approved by the
Department prior to any monies being expended upon them. In addition,
annual reports shall be submitted to the Department by the Towns,
beginning on December 15, 1995 and continuing until all- monies
provided hereunder have been expended, setting forth the status and
accomplishments of the DEC-approved projects and expenditures thereon.
The projects are described in a proposal from Cornell Cooperative
Extension to the Institute and include (A) organic pesticide
demonstration and testing; (B) agricultural composting demonstration'
ement research; (D) . wetland restoration
and testing; (C) Pest mans g
projects; and (E) other projects as may be chosen by the Institute,
the implementation of which shall be subject to the review and ,
approval of the NYSDEC, which shall not be unreasonably withheld.
(c) In the event that SUNY is unable to continue to operate the
project for any reason whatsoever, the parties agree to use their best
.efforts to find an alternative independent contractor to replace SUNY.
In the event, however, that the monies are.-not used for a period in
excess of two (2) years, the monies being held in escrow, together
with the monies subsequently paid into that account pursuant
ursuat tothe
schedule in subparagraph 2 (a) , above, shall be paid by
the *agent to an alternative recipaenttment.reIIPone�e Departmeto be n�sed by the
approval,
Towns and approved by the Dep
the escrow account must be modified accordingly.
(d) The Town's agreement with SUNY shall require the establishment of
an escrow account by SUNY in which the amounts referred to in 2(a)
above shall be paid, provided, however, that any expenditure from the
escrow account must be pre-approved by the Department. The Town's
agreement. with SUNY must also provide that an accounting of the escrow
account must be provided to the NYSDEC by the 15th of each month
beginning February 15, 1995.
(e) The Regional Attorney for Region One of the Department shall have
2
authority to approve expenditures from the escrow -account to be
established by SUNY.
(f) The DEC is not a party to the Agreement attached hereto as
Attachment 2, but hereby approves Paragraphs 2-11, thereof.
3. Failure by the Town to comply with any provision of this
Order, and the Attachments attached hereto and made A part hereof,
including any appendices thereto and the requirement's of all approved
work plans and associated approved implementation schedules, shall
constitute a default and violation of this Stipulation, which shall
subject the Town to the following stipulated penalties for each
violation of the Order, without further administrative or judicial
adjudication:
Day -1 through 45 for each violation: $300 penalty per day.
Day 46 and thereafter for each violation: $1,000 penalty per
day.
4. All stipulated penalties and payments assessed pursuant to this
section shall become due and owing on. the 15th calendar day after
receipt by the Town of written notice of determination from the
NYSDEC.
5. Beginning fifteen (15) calendar days after the date of such
notice, the Town shall pay interest on the penalty at the annual rate
of nine percent on the overdue amount from the, day on which it was due
through, and including, the date of payment.
6. All penalties shall be paid by certified check or money order,
made payable to the "New York State Department of Environmental
Conservation" and delivered personally or by certified mail, return
receipt requested: c/o Lori Riley,. Esq. , Regional Attorney, Department
of Environmental Conservation, Building 40, S.U.N.Y. Campus, Stony
Brook, .NY 11790-2356.
B. -Environmental Monitoring.
Within thirty (30) days of the execution of this Order, the Town
shall pay to the NYSDEC, the sum of $10,000 to be- placed in an account
for the NYSDEC environmental compliance monitoring activities for the
Town's facilities, landfill compliance and closure activities and
compliance with this Order. This sum will be used toward payment of
the first year costs for such activities, which sum shall be subject
to quarterly revision by the NYSDEC. Subsequent quarterly invoices
shall be submitted to the. Town to maintain an account balance
sufficient to meet the next nine months' projected expenses: This
nine months advance account shall be made in accordance with the
following provisions:
1. Quarterly invoice costs to be covered by this fund include:
3
(a) Direct personal service costs and fringe benefits of -the
environmental monitor(s) and full-time supervisor(s) , including the
cost of replacement personnel for the person(s) regularly assigned
to these positions.
(b) Direct nqn-personal service costs, including but not limited
to purchase or lease of a vehicle and its full operating costs,
equipment travel, training, supplies and materials, and any
appropriate chemical sampling and laboratory analysis fees.
(c) Inflation and negotiated salary increases.
(d) Overhead and indirect support costs at the annually calculated
indirect cost rate.
2.. The NYSDEC may revise the required quarterly amount which
revision may take into account factors such as inflation, salary
increases, accrued interest to be applied to the balance, changes in
operation hours and procedures, the need for additional or fewer on-
site monitors and supervision of such monitors by full-time monitor'
supervisors. The Town may seek information from the Department as to
the reason for any such revision, and such infor-mation shall not be
unreasonably withheld. It is understood by the parties hereto that the
sum of Ten Thousand ($10,000) Dollars is based on the provision of
funding for 10% of the cost as described above -of one environmental
monitor position. Any quarterly revision to this amount will be basgd
on this same type of calculation.
3. Within thirty (30) calendar days after receipt of a
'quarterly statement/invoice from the NYSDEC, the Town shall forward-
the
orwardthe amount due to the NYSDEC at: NYS Department of Environmental
Conservation, Room 608, 50 Wolf Road, Albany, New York 12233-1510,
Attention: Director, Environmental Monitors. Payments are to be in
advance of the period in which they will be expended.
4. Upon termination of this Order and payment of any outstanding
costs, the unexpended balance, including interest, will be returned to
Respondent.ifpon DEC approval of the Closure Certification Report for
the landfill(s) , the environmental monitor amount will be reduced,
commensurate with expected future costs of environmental monitoring
pursuant to this paragraph I.B.
5. Failure to submit timely payments shall be considered a
violation of this Order which may be enforced pursuant to the terms of
this Order and/or as otherwise provided by law.
6. The obligation under this Section (I.B. ) shall terminate if a
change in- law occurs such that a monitor for this subject facility
would no longer- be required by law and/or regulation.
7. The Town shall not be liable for any costs pursuant to this
paragraph.'I.B. in excess of an annual amount of thirty thousand
4
($30,000) Dollars.
C. Modification to Schedule Dates
The parties hereto recognize that implementation may be subject
to compliance with, among other things, the competitive bidding
requirements of the General Municipal Law. The parties further
recognize that delays may result in awarding contracts and
implementation of contracts when such bidding process is required. If
any such delay occurs due to the. bidding require- ment, the Town may-
make application to the Department for a modification of the schedule
dates herein, provided that the Town requests such modification at
least ten (10) business days prior to the date for which it is
sought, and that said request provide justification for the
modification sought, including a showing that the delay was due to
circumstances beyond the Town's control. If such a modification
request is made, the modification requested shall not be unreasonably
withheld by the Department. This is not intended to limit to any
extent the Town's right to apply for variances, waivers or
modifications as provided elsewhere in this agreement or under Part'
360.
D. 360 Applicability
Unless otherwise specifically noted herein; the closure and post
closure requirements of the 360 regulations in effect on October 8,
1993, shall apply to this Compliance Schedulob. However, should the
closure and/or post-closure requirements subsequently be amended or
revised so as to be less costly or onerous to the Respondent, the
Respondent, at its sole option, can elect to proceed in compliance
with the updated requirements.
E. Recguest for Variance, Modifications, Waivers
The Town may submit in writing to the Department bona fide
requests for modifications of the time deadlines included in the
"Technical Requirements" (Section II, below) of this Compliance
Schedule, as well as variances, modifications or waivers under §360-
1.7(c) , of any substantive Part 360 requirement. A bona fide request
under this paragraph is defined as one which has been previously
discussed with the Department's technical staff and been deemed, in
writing, by such staff, to be technically complete and approvable
regardless of staff's opinion as to whether or- not it will ultimately
be approved on the merits.
Any such variance, modification and/or waiver requests with
regard to the provisions of II.B. below, will be submitted by the Town
no later than ninety (90) days of. the Department approval of the CIR.
The deadlines herein shall be suspended pending the Department's
determination that the request is bona fide and its subsequent
determination on the merits of any such bona fide request. Variance,
modification or waiver requests may be submitted subsequent to ninety
5
(90) days after the Department's approval of the CIR, but the
deadlines imposed herein shall not be suspended during the
Department's review and determination of such a request.
As to requests for an extension of the time deadline(s) under
this Order, if said requests are submitted in writing to the
Department at least thirty (30) days prior to the subject deadline(s) ,
the subject deadline(s) will be suspended until the Department has
rendered such a determination in writing.
F. Landfill Closure Funding.
The Department and the Town understand that interest-subsidized
short and long-term loans are available through the Environmental
Facilities Corporation to fund municipal landfill closure costs, and
that, in particular short-term subsidized- interest loans may be
available to cover landfill closure costs pending the availability of
landfill closure grants under the Environmental Protection Fund. Any
interest paid by the Town for loans pending Environmental Protection
Fund grant authorization would qualify as grant eligible costs under
the terms of the grant agreement and applicable legal requirements.
Further, the bepartment will take all necessary steps to facilitate
development of financing arrangements, including expeditious review
and approval of the Town's applications for funding under the
Environmental Protection Fund that meet the requirements of the law
and associated rules and regulations now being promulgated by the
Department. The Town's relative position on the grant eligibility
list will be based upon the date of application unless the application
-is subsequently disqualified.
II. TECHNICAL REQUIREMENTS:
A: General Requirements
Immediately, Respondent, having ceased operation
of the Cutchogue Landfill on October
8, 1993, shall continue to maintain
the Landfill in compliance with the
requirements set forth in 6 NYCRR
360-1.14 (w) and take the necessary
steps to maintain the landfill in
compliance with the cover
requirements set forth in 6 NYCRR
360-2. 17 (d) .
B. Landfill closure Reauirements:
Within 'two (2) weeks of the Respondent shall submit to the
date of the execution of this Department any and all of its
Order, existing reports and data
relative to landfill gas and
6
hydrogeologic conditions at
the site.
Within forty-five (45) days of Respondent shall submit to the
the Department's written notifi- Department for its approval, an
cation to Respondent that approvable workplan for the
additional investigations and performance of such investiga-
data, if any, are necessary with tions and gathering of such data.
regard to methane gas and Said workplan shall include a
hydrogeologic conditions at the proposed implementation schedule
site, with implementation to commence
within forty-five (45) days of
Department approval of the
workplan.
Respondent shall complete
implementation in accordance with the
DEC approved workplan and schedule. -
Within one hundred and fifty Respondent shall submit to the
(150) days of the- completion Department, an approvable draft
of the implementation of the Closure Investigation Report (CIR)
above-referenced workplan, in compliance with 6 NYCRR 360-2.15
or of the Department's deter- (a) .
mination that no additional ,
investigation or data is
necessary, whichever is sooner,
Within thirty (30) days of A final. approvable CIR incorporating
receipt of DEC's comments DEC'-s comments shall be submitted by ,
on the draft CIR, Respondent to the Department for its
approval:
The Department-approved CIR shall
be attached to and incorporated into
this Compliance Schedule as Appendix
A. Respondent shall perform such
additional investigations as the
Department determines necessary due
to the analysis and conclusion in the
CIR. In the event additional
investigations are determined by
the Department to be necessary, a
schedule for these additional
"Approvable" as used in this Order shall mean approvable
by the ;Department with minimal .revision. "Minimal Revision"
shall mean that Respondents can incorporate all revisions
required by the Department and resubmit the plan for Department
approval , within fifteen (15) calendar days after receipt of
written- comments of the Department.
7
• . •
investigations will be mutually
agreed to.
Within one hundred and eighty Respondent shall submit to the
(180) days from the Department Department an approvable draft
approval of CIR or Respondent's Closure Plan (CP) in compliance
completion of any additional 6 NYCRR Part 360-2. 15; said plan to
investigations deemed necessary include an implementation schedule.
by the Department, whichever is
longer;
Within sixty (60) days of Respondent shall submit a final
the receipt of DEC comments approvable CP incorporating the
on the draft CP, DEC's comments to the Department
for its approval. The Department-
approved CP shall be attached to and
incorporated into this Compliance
Schedule as Appendix B.
Within one hundred twenty Respondent shall commence implemen-
(120) days after the date of tation and complete it in accordance
approval of the Closure Plan, with *the Department-approved
Closure Plan and Schedule.
Within ninety (90) days after Respondent shall submit to the
completion of all construction Department for its approval, an
activities identified in the approvable Closure Certification ;
Department-approved CP, Report (CCR) , which shall include a
written certification of individuals
licensed to practice engineering in
the State of New York; that all ,
construction activities identified in
the Department-approved CP were
undertaken in accordance with each
requirement of 6 NYCRR Part 360 and
this Order. The Department-approved
CCR shall be attached to and
incorporated into this Compliance
Schedule as Appendix C.
The Department specifically
acknowledges that if the approved CP
includes a landfill cap, the Town may
apply for variances so that the cap
meets the following minimum
requirements:
(1) a geomembrane barrier with a
barrier protection layer of 12" of
soil;
•(2) a 12" gas venting layer that has
a maximum of ten (10%) per cent by
weight passing through the f200 sieve
after placement;
8
(3) a minimum final 6" layer
composed of any material that can be
shown to be able to continually
support plant life.
The Department acknowledges that
based upon the facts as presently
known, such variance applications, if
they meet the applicable procedural
standards, will be deemed bonafide as
defined in I.E. above, and absent
extenuating circumstances revealed in
the Department's review of the
applications, will be acted upon
favorably by the Department.
As concerns any application for
variances for ground and surface
water monitoring for the landfill:
(1) upon implementation of the DEC
approved Closure Investigation Report
in accordance with this Stipulation,
and
(2) upon implementation of. complete
baseline parameter monitoring one (1)
year from the date of initial base-
line monitoring in performance of% the
approved hydrogeologic work plan and
approved CIR, and
(3) upon implementation of quarterly
routine monitoring for two (2) years
from the date of initial baseline
monitoring in accordance with the
approved Work Plans and approved
CIR2,
the -Town may thereafter monitor
ground and surface water semi-
annually for routine parametets and
every three (3) years for baseline
parameters, unless monitoring reports
reveal a contravention of applicable
ground and/or surface water standards
deemed material by the DEC in
accordance with the following
procedure.
j
2 In the event that the Town demonstrates that existing
monitoring data satisfies all or part of the initial baseline
and/or routine monitoring requirements of this variance, all or
part of- the initial baseline and/or routine monitoring may be
waived by the DEC.
9
If a new or increased contravention
of ground and/or surface water
standards is documented, the Town may
demonstrate to -the DEC that the
contravention is non-material. If
the Town does not snake this
submission, such contravention will
be deemed material. Upon such a
demonstration and prior to requiring
increased routine and/or baseline
monitoring, the Department must find
the contravention to be material by
considering the following factors:
(1) the toxicity or other hazard of
the contravening substance(s) ;
(2) the potential impacts to public
health (including drinking water
supplies) , the environment or natural
resources threatened by the
contravention;
(3) whether the contravention may
reveal a potential failure of the.
landfill cap.
Notwithstanding the procedure set
forth in this paragraph, upon finding
by the Department that the contraven-
tion is material, the Town shall
perform. additional monitoring deemed
necessary by the Department to
determine the scope and nature of
pollution by the contravening
substance(s) and associated
substances pending resolution of any
dispute that may arise regarding the
Department's finding that the
contravention is material.
C. Solid Waste Management Plan (SWMP)
Within one hundred andtwenty Respondent shall submit to the
(120) days of receipt of DEC's Department, an approvable revised
comments on the revised Solid draft of the Solid Waste Management
Waste Management Plan (SWMP) , Plan (SWMP) which includes a
Comprehensive Recycling Analysis
(CRA) .
Within 'thirty (30) days of Respondent shall submit an
receipt of DEC's comments on approvable final SWMP to the
the revised draft SWMP, Department. The Department-approved
plan shall be attached to and
incorporated into this Compliance
Schedule as Appendix D.
Upon approval of the SWMP Respondent shall implement the
10
i • .
by the Department, approved SWMP.
D. Permanent Transfer Station
Within two hundred and seventy The Town shall submit to the Depart-
(270) days of the date of ment, a complete and approvable
execution of this Order, application for one of the following
alternatives: (1) a permit pursuant
to 6 NYCRR Part 360 for the operation
of a solid waste management facility
for the collection at and
transportation from the site of
municipal solid waste generated
within the Town; (2) registration
pursuant to Part 360 for the type of
facility described above in #II;
and/or (3) an alternative plan for
the disposal of waste.
E. Reclamation
Within twelve (12) months The Town, at its sole option and
of the date of execution of discretion, shall have the right to
this Order, investigate the feasibility of
complete and/or partial reclamation
of the facility pursuant to 360-2.18,
effective October 9, 1993, as a
partial or complete alternative to
closure and shall have submittedtto
the Department, an approvable
Feasibility Study Report.
Within three (3) months of The -Town shall have submitted to the ,
the Department's approval Department for its approval, an
of the Feasibility Study approvable reclamation workplan with
Report, with findings that an implementation schedule. Upon
reclamation is feasible, Department approval of the reclama-
tion workplan, it shall be imple-
mented by the Town in accordance with
the approved plan and shall be
attached to and become incorporated
into this Schedule as Appendix E.
Upon DEC approval of the reclamation
plan, the Town shall have the right
to seek a modification of the
deadlines in this schedule for tasks
in the Closure Plan Implementation
which may be impacted by reclamation.
The Town shall not be held in default
under this schedule if they are
waiting for a 'response from DEC to
their request for such a modification
after DEC approval of a reclamation
plan, nor shall the Town be held in
default under this schedule if they
have submitted an approvable
feasibility study report in
11
accordance with this schedule and
have not yet received a Department
decision on it.
DEC's approval of any such
modification request shall not be
unreasonably withheld. It is
understood herein that this option is
to be explored by the Town
concurrently with the time frames in
this schedule, and not as a
substitute for them, until such time
as a reclamation plan is approved by
the Department.
F. Fishers Island Metal Dump Closure Requirements
Within one hundred and eighty The Town shall submit to the Depart-
(180) days of the date of ment for its approval, an approvable
execution of this Order, Closure Plan or approvable
specifications for total waste
removal, with implementation
schedule, identifying the method of
closure of the Metal Dump. The Town
shall implement the closure plan as
approved by the Department.
G. Reclamation of Mined Area
Within sixty (60) days of Respondent shall submit a revised
the date of execution of updated approvable reclamation plan
this Order, for the. ±5 acre mined area of the
Cutchogue Landfill in letter form.
Said plan shall include a request for
a variance from the 25 foot buffer
requirement, which variance will be
acted upon favorably by the
Department, absent extenuating
circumstances revealed in the
Department's review of the
application letter; a minimum 1:2
slope to be established and
definitive narrative statement as to
the proposed land use objective.
Said plan shall include a timetable
with reclamation to be completed no
later than one (1) year from its
initiation. The Town shall implement
the plan as approved by the
Department.
The Department hereby acknowledges
that the Town has submitted a mining
and reclamation plan in December,
1987 .
12
ATTACHMENT II
AGREEMENT, made and entered into this day of October
1994 by and between the- Towns of Riverhead, Southold and East
Hampton ("Towns") , and the State University of New York at Stony
Brook ("SUNY:') on behalf of its Center for Excellence and
Innovation in Education, who will work in conjunction with the
Marine Sciences Research Center.
The parties to this agreement hereby agree that:
1. The Towns hereby retain the services of SUNY for purposes
of developing, implementing and operating the East End
Environmental Camp (the Project) , which is more fully described
below.
2. Within ninety (90) calendar days after execution of this
Agreement, SUNY shall submit to the New York State Department of
Environmental Conservation ("DEC") , a plan and description of the
Project ("Project Plan") , including a schedule for development and
implementation of the project for commencement, during the Summer
of 1995. The. Project Plan shall, at a minimum, include the
following:
a. Beginning on January 15, 1995, submittal by SUNY to the
DEC and the Town, an annual budget and proposed program for the
following summer season on or before November 15 of each year;
b. Beginning on October 1, 1995, submittal by SUNY to the DEC
and the Town, an annual year end report on the prior summer's
experience by no later than October 1 of each year;
c. Provision for at least three (3) one-week sessions per
1
summer of the environmental education camp commencing in the
summer of 1996, serving approximately 100 (but not less than 75)
campers per week, including contractual arrangements with the
Baiting Hollow Camp or an acceptable alternate site, and provision
for necessary supplies, equipment .and associated contractual
services; a one-week experimental camp serving 100 (but not less
than 75) campers per week shall be conducted during the summer of
1995.
d. Provision for hiring, training and qualifications of
conservation camp supervisor(s) , conservation camp counselor(s) ,
and all other employees necessary pursuant to any applicable laws,
rules and regulations for such projects and/as necessary to
implement the Project;
e. A curriculum comparable to that developed for existing
environmental education camps in New York .State, centering on
natural resources and environmental quality through active
participation in the environment, including but not limited to
studies to be conducted in streams, ponds, marshes, coastal
environments and woodlands in the environment of the camp so as to
lead to a better understanding of the interconnections of
'components- of the environment; aimed at developing environmental
literacy and the acceptance of personal responsibility for
stewardship of resources; and emphasizing the importance and value
of the marine resources and their history on Long Island;
f. ;Provision for necessary capital improvements to the
selected camp site; and
2
g. Provision for the establishment of a schedule for camper
tuition/fees and eligibility criteria; SUNY shall exercise its
best efforts to ensure that at least 30% of the campers reside
outside of Suffolk County; SUNY shall also establish a program for
at least 30% full-paid scholarships based upon economic need.
Fifteen (15%) percent of such full paid scholarships shall be per
Town for camper participating herein, for residents of the Town.
h. Provision for at least 15% of available camper spots to
be offered to children from each of the Towns participating in the
funding of the Project. (i) A plan for recruitment of attendees
to meet the percentages noted in g and thissectionh. The
recruitment for the 15% from the Town will be coordinated through
the Town's recreation department. If the 15% have not been filled '
within ninety (90) days of the starting date of that summer's
camp, SUNY reserves the right to fill any vacant spots from other'
areas.
3. Upon approval by the DEC of the Project Plan, SUNY shall
implement the Project Plan as approved.
4. If the Baiting Hollow Camp site should for any reason
become unavailable, any alternate site selected by SUNY shall be
located in one of the Towns participating in the Project.
5. The parties acknowledge that SUNY is an independent
contractor and solely responsible for the planning implementation
and operation of the Project. SUNY shall, to the fullest extent
authorized under the New York State Court of Claims Act and case
decisions thereunder, be responsible to the Towns (and DEC) for
3
all liability, demands, claims, suits, losses, damages, causes of
action, fines or judgments, including costs, reasonable attorneys'
fees if assessed by a court of competent jurisdiction, witness
fees and expenses incident thereto, for damages to persons or
property arising out of or in connection with the Project if
caused by negligence of the Center, its agents or employees. In
addition, SUNY shall purchase and maintain liability and/or any
other insurance necessary for the implementation of the Project in
the appropriate amounts but not less than one Million Dollars per
person and Three Million Dollars per incident. Said insurance
shall name the Towns and the DEC as additional insureds.
6. Beginning on February 1, 1995, SUNY shall as prescribed in -
Attachment I incorporated herein receive from the Towns funds on
or before February l .of each year for that year's summer camp.
If, for any reason, SUNY does not implement the Project after
having withdrawn funds from the escrow account, any funds not
already dedicated for a specific purpose will be immediately
returned to the DEC for return to the escrow account.
7. SUNY acknowledges that the source of the funding for the
project is monies paid by the Towns into an escrow fund
established and maintained by SUNY under sole and exclusive
control in amounts specified in stipulations of settlement entered
into between each Town and NYSDEC on this date, and fees paid by
users. SUNY acknowledges that it is familiar with the terms of
the stipulations and in particular, with the monies to be paid and
the dates when they are due. SUNY further acknowledges that
4
neither one of the Towns will provide any additional monies other
than those specified in the stipulations of settlement and that
NYSDEC and SUNY is providing no independent funds for the Project.
8. SUNY shall expend money only from the escrow account upon
prior approval by the NYSDEC's Regional Attorney after submission
of an annual budget. All disbursements from the account must be
made in accordance with the Department approved budget.
9. The parties hereto agree that this Agreement shall remain
in effect from the date of its execution -until October 1, 2001,
provided, however, that if monies paid by these Towns remain in
the escrow account after October 1, 2001, this Agreement shall
remain in effect until all monies adequate for the continued
operation of the camp in said account have been expended. SUNY
may elect to terminate this agreement in the event adequate monies
are not available. Such termination shall be effective upon the
Towns •and DEC's receipt of written notice. Said notice to be at
least sixty (60) days prior to an such termination. ,
10. SUNY acknowledges its obligation to develop, implement
and operate the Project in accordance with the NYSDEC-approved
Project Plan. If the NYSDEC determines that SUNY has failed to
develop, implement and operate the Project in accordance with the
NYSDEC-approved Project Plan, SUNY, upon notification from the
NYSDEC, must return any monies not dedicated for a specific
purpose to the escrow account, which the NYSDEC determines to be
necessary. The parties hereto hereby recognize the authority of
the NYSDEC to make determinations in this regard.
11. It is understood and agreed to by the parties hereto, that
SUNY shall be relieved of all obligations herein in the event an
5
acceptable camp site suitable to carry out such obligations is not
available or in the event circumstances beyond it's control
prevent SUNY's operation of the camp.
12. The provisions of Exhibit A (Standard State clauses) are
incorporated herein.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands hereby acknowledging that the provisions of this
agreement shall be bindi upon them and any successors thereto.
C
TONY BU K JOSEPH JANOSKI
_ Supervisor
Supery or
on behalf of the on behalf of the
Town of st Ha pto Town of Riverhead
c;
THOMAS CKHAM MICHAEL DEMARTIS
Supervisor Director of Purchasing
on behalf of the and Stores Purchasing
Town of Southold State University of New York
at Stony Brook
6
STATE OF NEW YORK)
ss. .
COUNTY OF SUFFOLK) � ,,
On this "7' day of 061 �e� 1994, before me
personally came Tony Bullock, to me known and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged to me that he execut d the same.
JEAN R.HORNECK
NOT:T_%y PUBUC
STPTE O-:NSV YORK
*47?:V*9
Qi.fALiFiC` D'M;^' iSiU COUNrrY /
COhSMIa9?0�► a.y"'r� y+:'ARS'H 30,19 ykJ 60MY 'PUBLIC
STATE OF NEW YORK)
ss. .
COUNTY OF SUFFOLK)
On this '°P day of 1994, before me
personally came Thomas Wickham, to me known and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged to me that he executed the same.
N TARY PUBLIC,UDRHTTERRY
Notary Pic,State of Now Yak
No.52-0344963
�Qt►al�lfiod xp5 Sf y31.county zz,—
STATE OF NEW YORK) 9�G_
ss. .
COUNTY OF SUFFOLK)
On this day of , 1994, .before me
personally came Michael DeMartis, to me known and known to me to
be the individual described in and who executed the foregoing
instrument and he acknowledged to me that he executed the same.
NOTARY PUBLIC
7
STATE OF NEW YORK)
ss. .
COUNTY OF SUFFOLK)
On this day of 1994 , before me
personally came Joseph Janoski, to me known and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged to me that he executed the same.
NOTARY PUBLIC
LS:A:encehamp1004941s
8
State Assistat Municipal Landfill Close Program
(6 NYCRR Subpart 360-9,Revised December 14 , 1994
and September 29, 1997)
MUNICIPAL LANDFILL CLOSURE ,
PROJECT WORK PLAN
FACILITY NAME Tovn of Southold Landfill
EXTENT OF WASTE DEPOSIT (ACRES) approx. 30
FACILITY ID#
FACILITY LOCATION County Rd_ 4R+ Cutchoaue. NY
COUNTY Suffolk
Tovn of Southold
FACILITY OWNER
FACILITY OPERATOR Tovn of Southold
CONTACT PERSON James Bunchuck, for Jean Cochran. Tovn S»pLvisor
ADDRESS Southold Tovn Solid Waste District, P.O. Box 962
Cutchogue,NY 11935
PHONE NO. (516) 734-7685
BEGIN DATE END DATE COST
STAGE (P/A) (P/A) (E/A)
l�
Perform Closure 9/95 (A) 3/95 (A) $90, 000 "i�
Investigation
Prepare Closure 1/96 (A) 12/97 (A) $30,000 (A
Investigation Report
Prepare Closure Plan 2/98 (A) 8/98 (P) $100,000 (E
Perform Vector 3/99 (p) 4/99 (P) $10,000 (E
Remediation, if required
Construct Leachate
Collection System, if NA NA NA
required
Construct Gas Venting
Layer and Gas 4/99 (P) 5/99 (P) $1 ,700,000 ( E)
Collection/Control
System
" Prepare Closure Investigation
Work Plan 11/9411- (',0 3/95 (A) $10, 000 (A)
(8/97) Page 1B of 2B
BEGIN DATE REND DATE COST
STAGE (P/A) (P/A) (E/A)
Construct Barrier Layer 5/99 (P) 7/99 (P) $1 , 550,000 (E)
Construct Barrier 7/99 (p) 9/99 (p) 940,000 (E)
Protection Layer
Construct Topsoil Layer 9/99 (P) 10/99 (P) 660,000 (E)
Establish Vegetative 10/99 (P) 11/99 (P) 660, 000 (E)
Cover
Prepare Construction 11/99 (P) 12/99 (P) 50,000 (E)
Certification Report
Total $5, 800,000
Notes : P = Prospective
A = Actual
E = Estimated
(8/97) Page 2B of 2B
SOUTHOLD TOWN LANDFILL CLOSURE PROJECT
AFFIRMATIVE ACTION WORK PLAN
State Assistance Municipal Landfill Closure Program
for
Assistance for Non-Hazardous Municipal
Landfill Closure Projects Under Title 5
of Article 54 of the Environmental Conservation Law
The Town of Southold will comply with the following affirmative action and equal employment
opportunities provisions, as found in: Federal Executive Order No. 11246,as amended; Title VI
of the Civil Rights Act of 1964, as amended; Title VII of the Civil Rights Act of 1964,as
amended;the Americans with Disabilities Act of 1990,as amended; 38 U.S.C. 4212 of the
Vietnam Era Veterans Readjustment Assistance Act of 1974; the Age Discrimination Act of
1967,as amended; Section 503 of the Rehabilitation Act of 1973, as amended; Section 109 of the
Housing and Community Development Act of 1974,NYS Executive Law,Article 15-A. and all
other State and Federal statutory and constitutional non-discrimination provisions.
The Town of Southold is committed to carry out the intent of New York State Executive Law,
Article 15-A,as they pertain to the activities financed by the State Water Pollution Control
Revolving Fund Program loan.
The Town of Southold will develop a comprehensive MBE/WBE-EEO program which will assure
the meaningful participation of minority and women's business enterprise in contracting and the
meaningful participation of minorities and women in the workforce(s) associated with the
Southold Town Landfill Closure.
James C. McMahon,Executive Assistant,Town of Southold shall be the local governmental
official responsible for administrating the approved comprehensive Affirmative Action Program.
The Town of Southold has begun work on the final closure and capping of the Town Landfill in
Cutchogue,New York, in accordance with the stipulation settlement between the Town and the
DEC of October 5, 1994.
The landfill property encompasses approximately 60 acres, about one-half of which contains
material landfilled from around 1920 through October 8, 1993, when all landfill activity ceased,
All manner of mixed municipal solid waste is buried at the site, including household'trash, small
business commercial waste, septic waste(sludge), construction and demolition debris, and yard
waste. There is no industrial waste buried at the site. In addition,burial of Household Hazardous
Wastes virtually ceased in 1986,when Southold became the first municipality in New York State
to establish a permanent HHW facility.
Since the landfill opened prior to the establishment of Part 360 Regulations it was constructed
without a liner. The Town has proposed standard Part 360 cap, including a geomembrane, over
the entire waste mass, which consists of roughly 30 acres. Since much of the site is at a relatively
flat grade consistent with surrounding properties the Town proposes to establish an undulating
"wavy" surface to steer runoff into a series of sumps outside the waste mass.
The contractor(s) shall provide services in support of a series of engineering, analytical, and
construction work phases required to meet Part 360 Closure Requirements, subject to approved
variances, some of which have been applied for by the Town and are under review by the
NYSDEC. These phases of work began with preparation of the Closure Investigation Work Plan
(already completed and approved), and end with the final Construction Certification Report(see
Closure Project Work Plan, attached).
The Closure Investigation Work Plan provides a detailed description of the investigation field
activities, including the sampling and analytical quality assurance/quality control program to be
undertaken in the Closure Investigation. The Closure Investigation Report presents findings of
the field work and provides the basis for the Closure Plan. The Closure Plan will involve the
engineering work necessary to develop the plan and specifications for the closure, including the
actual construction activity, and the gas, leachate, and runoff control mechanisms.
Construction of the landfill cover itself will include the work necessary to lay the base, gas
venting,barrier,barrier protection,and topsoil layers,as well as the asphalt pad and vegetative
cover. The Town plans to use the pad for a NYSDEC approved yard waste composting program.
The soil and vegetative cover will be designed to promote shallow-rooted plant growth and
direct runoff into recharge basins. The construction phase will require considerable regrading of
the site and special landscape expertise.
�soFFot,��,
Town Hall,53095 Main Road
JAMES C. McMAHON o�0 P.O.Box 1179
Administrator ti = Southold New York 11971
Telephone(516)765-1892 �,j, • O��
Fax(516)765-3136
TOWN OF SOUTHOLD
COMMUNITY DEVELOPMENT OFFICE
March 17, 1998
Mr. Kenneth Shider
Program Services Representative
NYS Environmental Facilities Corporation
50 Wolf Road
Albany, NY 12205-2603
Re: State Water Pollution Control Revolving Fund (Project #5110-01)
M/WBE-EEO Program
Dear Mr. Shider:
Please find the enclosed Affirmative Action Work Plan for the Town of Southold, in
reference to the capping and closing of the Southold Town Landfill.
As you can see in timetable of the Project Work Plan, the Town of Southold does not
intend to begin construction on the project until early 1999 and these cost estimates
represent our "best guess" of the project budget and the resulting M/WBE and EEO
summary.
I will update the M/WBW-EEO Work Plan as the project develops and bids are solicited
and received.
Please give me a call if you have any questions on the enclosed.
Sincerely,
mes McMahon
Town of Southold
Community Development Office
M/WBE-EEO Work Plan
Please complete this chart if your project's State Share request is more than$25,000..
Municipality: Town of Southold Application Date:
Address: 53095 Main Road City: State: NY Phone No.
PO Box 1179 Southold Zip-11971 (516) 765-1889
Name and Title of Authorized Signature:
Authorized Representative: Jean W. Cochran
Supervisor
ddress: As above City: State: NY Phone No.:
Zip:
Name and Title of James McMahon Phone No.:
Affirmative Action Rep.:Execut iv Assistant (516) 765-1892
Description of Contract: State AidCapping & Closing MSW Landfill (attach a copy of the project description from application)
Project Category: Check all that apply: Equipment purchase O Construction e Other(service) a Engineering Services
M/WBE AND EEO SUMMARY (Call 518-457-0749 for applicable percentages in #5, #6,#9, #10)
1.Total Value of Project $ 5,800,000.
2. Dollar amount spent to $ Complete the items below if your
date by applicant project involves salary/employment % No. Of Emps.
costs:
Balance(subtract#2 $
from#1)
4. State Share of Balance $ 2,000,000. 8. Total number of employees working %
(50%of 03 above) on this project
5. MISE Amount of9. Total Goal for Minority Employees 10 %
contract 15% 870,000.
6. WRE Amount of 10. Total Goal for Women Employees 10 %
contract 5% d290,000.
7.Total M/WBE Amount 11. EEO Combined Totals 20
of contract 20% p160,000.
SECTION I--WBE INFORMATION In order to achieve the WBE goals, these minority ms are expected to participate in the
following manner:
WBE FIRM .)escription of work to be done Projected Scheduled Contract . Contract
y WBE contact amount contract Payment completion
& award date start date Schedule date.
Name: $
ddress No work on this project
has been bid by the i
City . Town o f Southold Date:
ST/Zip
Phase
Name:
Address
City Date: ..
ST/Zip
hone
Name: S
Address
City Date:
S 1
Phone
SECTION I--MBE INFORMATION In order to achieve the MBE goals, these minority forms are expected to participate in the
following manner:
MBE FIRM Description of work to be done Projected Scheduled Contract Payment Contract
by MBE contact amount contract Schedule completion
& award date start date date.
Name: $
No work on + this prodet
Address has been bid by the
Town of Southold
City Date:
ST/Zip
Phone
Name: $
Address
City Date:
ST/Zip
4—phone
Name. S
Address
City Date:
ST/Zip
Phone
SECTION III--EEO INFORMATION: In order to achieve time EEO goals minorities and females are expected to be employed in the
following job categories for the specified amount of work hours:
All Employees Minority Employees
Job Categories Total Work Hours of Males Females Black Asian Native Hispanic
Contract American
Officials/ No work on this pro j e t has been
Managers bid by the Town of SOILthold
Professional
Technicians
Sales Workers
Office/Clerical
Craftsmen
1111111jLaborers
Service/
Workers
TOTALS "
MIN04h AND WOMEN'S BUSINESS-EQUALIMPLOYMENT
OPPORTUNITY PROGRAM WORKPWN
Policy Statement
The Town of Southold commits to carrying out the intent of the
(Name of Municipality)
New York State Executive Law.Article 15-A wnich assures the meaningful oarticipation of minority and women's business
enterprises in contracting and services.and the meaningful participation of minorities and women in the workforce on activities
5nanced by the CWSRF program loan.
Minority Business Officer
James McMahon is designated as the local Government Official or Minority Business
(Name of Designated officer)
Officer responsible for administering the Town of Southold Minority and Women's
(Name of Municipality)
Business-Ecual Employment Ooportunity(MANBE-EEO)program.
MIWBE Proiected Goals
/..r %Minority Business Grrterprise Particnation
%Women s Business crrtemnse Parncoation
EEO Protected Goals
/ d %Minority Labor Force Participation
If) %Female Labor Force Participation
,L" atr�-L/--- . .
1 Author =vv
James McMahon, Town of Southold
T,t,,Executive Assistant
Due: /
.03/17/1998 13:23 7347976 LANL*-ILL raux ui
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9,Revieed December 14 , 1994
and September 29, 1997)
MUNICIPAL LANDFILL CLOSURE .
PROJECT WORK PLAN
FACILITY NAME Town of Southold Landfill
EXTENT OF WASTE DEPOSIT (ACRES)
approx. 30
FACILITY ZDV#
FACILITY LOCATION
COUNTY Suffolk
Torn of Southold
FACILITY OWNER.
Torn of Southold
FACILITY OPERATOR
CONTACT PERSON ... amen BunebUck, for Jean-ncbraa., Tum S"Parvisor
Southold Tovn Solid waste District, P.O. Box 962
A.DDRF9P Cal C oqu@,NY 11935
PHONE NO. (516) 734-7685
BEGIN DATLO END DATE COST
STAGE (P/A) Wk) (E/A)
Perform Closure
9/95 (p,) 3/95 (A) $90,000
Investigation
Prepare Closure 1/96 (A) 12/97 . (X) $30,000 (A
Investigation Report
2/98 (A) 8/98 (P) $100,000 (E
Prepare Closure Plan
Perform Vector 3/99 (P) 4/99 (P ) $10,000 (E
Remediation; if required
Construct Leachate NA NA NA
Collection. System, if
required
Construct Gas Venting
LayAr and Gas 4/99 (P) 5/99 (P) $1 . 700,000 ( E)
Collection/Control
System
"* Prepare Closure investigation
Work Pian i1/94 . r11) 3/95 (A) $10,000 (A)
(8/97) Page 1B of 2B
$3 q7/1998 13:23 73.47 375 LANUM LLL nuc u
BEGIN DATE END DATE COST
STAGE (P/A) (P/A) (EA)
5/99 (P) 7/99 _(P) $1 , 550,000 (E)
Construct Barrier Layer
Construct Barrier 7/gg (P) 9/99 (P) 940, 000 (E)
Protection Layer
9/99 (P) 10/99 (P) 660, 000 (E)
Construct Topsoil Layer
Establish Vegetative 10/99 (P) 11/99 (P) 660,000 (E)
Cover
Prepare Cons;.ruczion 11/99 (P) 12/99 (P) 50, 000 (E)
certification Report
Total $5, 800,000
Notes : P - Prospective
A - Actual
E - Estimated
(8/97) Page 2B of 2S
==SufFatx�
JEAN W.COCHRANy.0�0 C�G�^ Town Hall,53095 Main Road
c �c� P.O. Box 1179
SUPERVISOR
Southold,New York 11971
Fax(516)765-1828
ifi�o' �aO� Telephone(516)765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
February 19, 1998
Norman Nosenchuck, Director
NYS DEC Division of Solid Waste
50 Wolf Road
Albany,NY 12233-4010
Dear Mr.Nosenchuck:
I hereby submit the following statements in support of the Town of Southold's application for State
Assistance for Non-Hazardous Municipal Landfill Closure Projects Under Title 5 of Article 54 of the
Environmental Conservation Law,as required.
1) SITE CLASSIFICATION
The Southold Town Landfill was delisted from the State Registry of inactive hazardous waste sites and
was removed from the list of potential(Class 2a)hazardous waste sites by the DEC in October 1993.
These actions were taken as a result of findings of the July 1991 Part 360 and Phase II Hydrogeologic
Investigation,and subsequent sampling events.
2) SITE USE AFTER CLOSURE
Once closed pursuant to Part 360 regulations,the closure project area will not be considered for the
location of any future landfilling activity.Nor is the Town considering using the area for any other
purpose,with the exception of the asphalted portion which will be usod for the proposod yard waste
composting program,pending DEC approval.After closure,any uses of the area or portions thereof
would be undertaken only in accordance with DEC regulations.
3) POST-CLOSURE OPERATION AND MAINTENANCE
The Town will fund and implement post-closure monitoring and maintenance of the landfill ciosum site
in accordance with Subdivision 360-2.15(l)of the regulations,and in consideration of variances
available in the Town's stipulated agreement with the DEC.
SIGNED,AS AUTHORIZED BY TOWN BOARD JeanTV. Cochran _ *Date
RESOLUTION OF FEBRUARY 19, 1998 Supervisor,Town of Southold
/rbw
JEAN W. COCE AN �y� ��� Town Hall,53095 Main Road
SUPERVISOR c 1 P.O. Box 1179
W = Southold,New Cork 11971
-:? Fax(516)765-1823
Telephone(516)765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
February 19, 1998
Norman Nosenchuck, Director -
NYS DEC Division of Solid Waste
50 Wolf Road
Albany, NY 122334010
Dear Mr. Nosenchuck:
I hereby submit the following statements in support of the Town of Southold's application for State.
Assistance for Non-Hazardous Municipal Landfill Closure Projects Under Title 5 of Article 54 of the
Environmental Conservation Law, as required.
1) SITE CLASSIFICATION
The Southold Town Landfill was delisted from the State Registry of inactive hazardous waste sites and
was removed from the list of potential(Class 2a)hazardous waste sites by the DEC in October 1993.
These actions were taken as a result of findings of the July 1991 Part 360 and Phase H Hydrogeologic
Investigation, and subsequent sampling events.
2) SITE USE AFTER CLOSURE
Once closed pursuant to Part 360 regulations,the closure project area will not be considered for the
location of any future landfilling activity. Nor is the Town considering using the area for any other
purpose, with the exception of the asphalted portion winch will be used for the proposed yard waste
composting program, pending DEC approval. After closure,any uses of the area or portions thereof
would be undertaken only in accordance with DEC regulations.
3) POST-CLOSURE OPERATION AND MAINTENANCE
The Town will fund and implement post-closure monitoring and maintenance of the landfill closure site
in accordance with Subdivision 360-2.15(1)of the regulations,and in consideration of variances
available in the Town's stipulated agreement with the DEC.
SIGNED, AS AUTHORIZED BY TOWN BOARD Jeati W. Cochran Date
RESOLUTION OF FEBRUARY 19. 1998 Supervisor,Town of Southold
/rbw
• LF C40;ur--
c
Town Hall, 53095 Main Road
r 179
THO `S IL'WICKHAM e�i� z P. O.Boa or
SUPERVISOR Southold,New Yorkk
11971
d Fax (516)765-1823.
'f'. �a0`' Telephone(516)765-1889
�r
August 15, 1995
Norman Nosenchuck, Director
Division of Solid Waste
NYSDEC
50 Wolf Road
Albany, NY 12233-4010
Att'n. : Landfill Closure Assistance Program
Dear Mr. Nosenchuck:
Enclosed please find our application (original and one (1) copy) for state
assistance for landfill closure under Title 5, Article 54, Environmental
Conservation Law.
The project described herein is the capping of the Southold Town Landfill in
Cutchogue, NY, pursuant to the Stipulated Agreement between the Town and
NYSDEC of October 4, 1994. The estimated project cost is $2.3M, of which
the Town will seek 50 per cent reimbursement, should NYSDEC approve the
plan.
I look forward to hearing of the results of your review of this application
at your earliest convenience. If you have any questions, ease do not
hesitate to call me.
Since ly,
Thom s Wickham
Supervisor
APPLICATION FOR NEW YORK STATE ASSISTANCE
PURSUANT TO TITLE 5, ARTICLE 54, ENVIRONMENTAL CONSERVATION LAW
(Please type or neatly print in black ink)
NAME OF APPLICANT (Municipality) Town of Southold
POPULATION OF MUNICIPALITY 19,950
(based on the most recent "Census of Population New York]", U.S.
Department of Commerce, Bureau of Census)
COUNTY Suffolk
SITE NAME Town of Southold Landfill
SITE LOCATION County Road 48, Cutchogue, NY
OBLIGATION TO CLOSE Stipulation of Settlement
(reference and attach copy of administrative order, court order or permit
containing obligation to close the landfill closure site by a specific
date)
INDIVIDUAL AUTHORIZED TO SIGN THIS APPLICATION
Name Thomas Wickham
Title Supervisor, Town of Southold
Address 53095 Main Rd.,
City Southold State NY
Zip Code 11971
Phone No: (516)765-1889
(include area code)
OFFICIAL TO WHOM PAYMENT CHECKS ARE TO BE MAILED
Name John Cushman
Title Town Accountant, Town of Southold
Address 53095 Main Road
City Southold State NY
Zip Code 11971
Phone No: (516)765-4333
(include area code)
(9/90) Page 1A of 3A
THE FOLLOWING ITEMS MUST BE INCLUDED WITH THIS APPLICATION FORM:
(See INSTRUCTIONS TO APPLY FOR STATE ASSISTANCE FOR NON-HAZARDOUS MUNICIPAL
LANDFILL CLOSURE PROJECTS UNDER TITLE 5 OF ARTICLE 54 OF THE ENVIRONMENTAL
CONSERVATION LAW for a detailed explanation of what must be included. )
1. A copy of the closure investigation report.
2. A copy of correspondence from the state indicating the approval
status of the closure investigation report.
3. A copy of the administrative order, court order or permit
containing the obligation to close the landfill closure site by a
specific date.
4. A MUNICIPAL LANDFILL CLOSURE PROJECT WORK PLAN (a work plan form
is provided in this application kit) .
5. A copy of the governing body's authorization for submission of
this application.
6. A statement that the landfill closure site is not currently
Classification 1 or Classification 2 according to the Registry.
If the landfill closure site is not currently Classification 2a
according to the registry, this -fact must also be included in the
statement.
7. A statement that a complete reclassification investigation has
been submitted to the Department if the landfill closure site is
Classification 2a according to the Registry.
8. An affirmative action workplan (see the two AFFIRMATIVE ACTION
REQUIREMENTS enclosures included in this application kit) .
9. A statement that the landfill closure project area will not have a
landfill constructed on it.
10. A statement that post-closure monitoring and maintenance will be
implemented according to regulations.
11. A completed MUNICIPAL LANDFILL CLOSURE PROJECT RANKING SYSTEM
WORKSHEET and any information necessary to determine the score. A
blank worksheet is included in this application kit. The
Department may require the applicant to submit additional
information to support the score which is determined.
(9/90) Page 2A of 3A
CERTIFICATION: The undersigned does hereby certify that the
information contained contained in this application and in the
attached certified copies of resolution(s) , other statements, and
exhibits'is true, correct, and complete to the best of his or her
knowledge and belief, and further that any and all statements, data,
and supporting documents which have heretofore been furnished for the
purpose of receiving New York State Assistance for the landfill
closure funding described herein are attached hereto in full .
Signature of individual authorized to Date
sign application
Name Thomas Wickham
(typed or neatly printed in black ink)
Title Supervisor, Town of Southold
(typed or neatly printed in black ink)
Submit the original and one copy of the completed application package
to:
Director
Division of Solid Waste
NYSDEC
50 Wolf Road
Albany, NY 12233-4010
ATTN: Landfill Closure Assistance Program
Also, submit one copy of the completed application package to the
NYSDEC Regional Solid Waste Engineer at the appropriate regional
headquarters (as shown on the map of DEC regions included in the
Application Kit) .
(9/90) Page 3A of 3A
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
THE TOWN OF SOUTHOLD,
Petitioner,
Index No. 91-19050
- against -
Justice Werner
THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION OF THE STATE OF NEW YORK,
Respondent.
. . . . . . . . . . . . . . . . . . . . X
STIPULATION OF SETTLEMENT
IT IS HEREBY STIPULATED AND AGREED by and between the
parties herein (i.e. , the New York State Department of
Environmental Conservation ("DEC, " "Department, " "NYSDEC") and
the Town of Southold ("Town") as follows:
1. The above-referenced Article 78 proceeding, together
with the Administrative proceedings presently pending against the
Town, "bearing Department of Environmental Conservation No. 1- ,
4020, is settled in accordance with the terms set forth below and
in the "Compliance Schedule" attached hereto as Attachment 1 with
Appendices and agreement attached hereto as Attachment 2 and
incorporated by reference herein. All the terms and conditions
of the Compliance Schedule attached hereto as Attachment 1 with
Appendices and the DEC-approved portions of the Agreement
attached hereto as Attachment 2 are the essence of this
Stipulation.
2 . . This proceeding as well as the pending administrative
proceedings shall be discontinued with prejudice without costs
and disbursements awarded to any party on the terms and
1
conditions set forth at Paragraphs 1 and 3 through 7, herein.
3 . On October 8, 1993, the Town ceased the landfilling of
any wastes at the Cutchogue solid waste management facility. The
Town will not landfill any wastes at the Cutchogue solid waste
management facility in the future, except for cover materials
approved by the DEC, which approval will not be unreasonably
withheld. This last sentence shall. not prohibit the Town from
continuing other solid waste management activities that are
permitted or approved by the DEC at the Cutchogue solid waste
management facility.
4. The parties agree that this Stipulation settles, among
other things, all operational violations of the Part 360 regula-
tions applicable to the Cutchogue Landfill and the Fishers Island
Metal Dump, whether asserted or not asserted by the DEC in the
administrative proceedings recited above, through the execution
hereof. This does not foreclose, however, the DEC from pursuing
any action within its authority and jurisdiction to enforce
violations arising at the site after the execution hereof.
5. The parties. hereby acknowledge that this Stipulation is
in full satisfaction of any and all claims each has raised or
could have raised against the other through the date of the
signature hereof with regard to the operation of the Cutchogue
Landfill under Article 27 of the New York State Environmental
Conservation Law ("ECL") and 6 NYCRR 360 or any claims related
thereto.
6. This Stipulation may be so ordered by the Court without
2
further notice from one party to the other. It may thereafter be
enforced as a judgment of the Supreme Court of the State of New
York. The parties agree that this Stipulation may,
alternatively, be enforced in an administrative proceeding
instituted by the DEC.
7. This Stipulation is referred to as "Order" in
Attachments 1 and 2 , hereto.
Dated: Stony Brook, New York
1994
G. Oliver Koppell Langdon Marsh
Attorney General of the Commissioner, New York State
State of New York Department of Environmental
Attorney for Respondent Conservation
New York State Department of Law
120 Broadway
New York, New York 10271 By:
Ray E. Cowen, P.E.
Regional Director
By:
Gregory J. Nolan _
Assistant Attorney General
Frank Isler Town of Southo d
As Counsel for the Town of Southold
Smith, Fi elstein, Lundberg,
Isler an akaboski By:
456 Grif ng Avenue homas Wickham
Riverhe , New York 1 90 Supervisor
By:
Isler
SO ORDERED AND ENTERED,
HONORABLE M.M. WERNER, J.S.C.
3
ATTACHMENT I
Town of Southold
Compliance Schedule
I. GENERAL REQUIREMENTS
A. Payments.
1. There is hereby imposed upon the Town a civil penalty in
the sum of Six Hundred Fifty Thousand ($650, 000) Dollars, Twenty
Five Thousand ($25, 000) Dollars of which shall be paid on or before
June 1, 1995.
2. The remaining $625, 000 of the civil penalty shall be
suspended, conditioned upon the Town's payments as described below:
(a) To the State University at Stony Brook (hereinafter
"SUNY") , East End Environmental Camp Program at the Baiting
Hollow Boy Scout Camp in Wading River in the Town of Riverhead
(hereinafter "Project") :
c
(i) Forty Five Thousand ($45, 000) Dollars on or before
February 1, 1995. Notice of such deposit shall be given
to the NYSDEC by March 1, 1995.
(ii) Thirty Thousand ($30, 000) Dollars on or before
June 1, 1995. Notice of such deposit shall be given to
the NYSDEC by June 15, 1995.
(iii) Fifty Five Thousand ($55, 000) Dollars on or before
February 1, 1996. Notice of such deposit shall be given
to the NYSDEC by February 15, 1996.
(iv) Thirty Thousand ($30, 000) Dollars on or before the
first day of February for five (5) years commencing
February 1, 1997. In the event of a default in any
payment, the NYSDEC reserves the right. to declare the
entire balance to be due.
(v) The parties hereto agree that these monies shall be
used to establish and maintain the East End Environmental
Education Camp to be independently operated by SUNY, in
accordance with the agreement entered into simultaneously
herewith among the Towns of Riverhead, Southold and East
Hampton and SUNY, a copy of which is annexed hereto and
made a part hereof as Attachment No. II. It is
acknowledged that the Towns ' sole responsibility with
respect to the project is to provide the funds as set
forth in paragraphs 2 (a) hereof.
(b-) To the East End Economic and Environmental Institute for
1
use in the Institute's project relating to the preservation
and protection of natural resources and the environment as
follows:
ce of
(1) t shall be given before �
$55,000 on or o the NYSDEC by February 15,1995. 1995-
such
1995,
depose
(ii) $45,000 on or before June 1, 1995. Notice of such
deposit shall be given to the NYSDEC by June 15, 1995.
(iii) $70,000 on or before February 1, 1996. Notice of
such deposit shall be given to the NYSDEC by February 15, 1996.
(iv) $35,000 on or before the first day of February for five (5)
years commencing February 1, 1997. In the event of a default in any
payment, the NYSDEC reserves the right to declare the entire balance
to be due.
All projects must be submitted to the Department and approved by the
Department prior to any monies being expended upon them. In addition,
annual reports shall be submitted to the Department by the Towns,
beginning on December 15, 1995 and continuing until all. monies
provided hereunder have been expended, setting forth the status and
accomplishments of the DEC-approved projects and expenditures thereon.
The projects are described in a proposal from Cornell Cooperative
Extension to the Institute and include (A) organic pesticide
demonstration and testing; (B) agricultural composting demonstration
and testing; (C) pest management research; (D) wetland restoration
projects; and (E) other projects as may be chosen by the Institute,
the implementation of which shall be subject to the review and
approval of the NYSDEC, which shall not be unreasonably withheld.
(c) In the event that SUNY is unable to continue to operate the
project for any reason whatsoever, the parties agree to use their best
ependent contractor to replace SUNY.
efforts to find an alternative ind
In the event, however, that the monies are not used for a period in
excess of two (2) years, the monies being held in escrow, together
with the monies subsequently paid into that account pursuant to the
schedule in subparagraph 2 (a) , above, shall be paid by the escrow
agent to an alternative recipient or recipients to be proposed by the
Towns and approved by the Department. Upon the Department's approval,
the escrow account must be modified accordingly.
(d) The Town' s agreement with SUNY shall require the establishment of
an escrow account by SUNY in which the amounts referred to in 2 (a)
above shall be paid, provided, however, that any expenditure from the
escrow account must be pre-approved by the Department. The Town's
agreement. with SUNY must also provide that an accounting of the escrow
account must be provided to the NYSDEC by the 15th of each month
beginning February 15, 1995.
(e) The Regional Attorney for Region One of the Department shall have
2
authority to approve expenditures from the escrow account to be
established by SUNY.
(f) The DEC is not a party to the Agreement attached hereto as
Attachment 2, but hereby approves Paragraphs 2-11, thereof.
3 . Failure by the Town to comply with any provision of this
Order, and the Attachments attached hereto and made A part hereof,
including any appendices thereto and the requirements of all approved
work plans and associated approved implementation schedules, shall
constitute a default and violation of this Stipulation, which shall
subject the Town to the .following stipulated penalties for each
violation of the Order, without further administrative or judicial
adjudication:
Day 1 through 45 for each violation: $300 penalty per day.
Day 46 and thereafter for each violation: $1, 000 penalty per
day.
4. All stipulated penalties and payments assessed pursuant to this
section shall become due and owing on the 15th calendar day after
receipt by the Town of written notice of determination from the
NYSDEC.
5. Beginning fifteen (15) calendar days after the date of such
notice, the Town shall pay interest on the penalty at the annual rate
of nine percent on the overdue amount from the day on which it was due
through, and including, the date of payment.
6. All penalties shall be paid by certified check or money order,
made payable to the "New York State Department of Environmental
Conservation" and delivered personally or by certified mail, return
receipt requested: c/o Lori Riley,. Esq. , Regional Attorney, Department
of Environmental Conservation, Building 40, S.U.N.Y. Campus, Stony
Brook, NY 11790-2356.
B. Environmental Monitoring.
Within thirty (30) days of the execution of this Order, the Town
shall pay to the NYSDEC, the sum of $10, 000 to be- placed in an account
for the NYSDEC environmental compliance monitoring activities for the
Town's facilities, landfill compliance and closure activities and
compliance with this Order. This sum will be used toward payment of
the first- year costs for such activities, which sum shall be subject
to quarterly revision by the NYSDEC. Subsequent quarterly invoices
shall be submitted to the Town to maintain an account balance
sufficient to meet the next nine months' projected expenses. This
nine months advance account shall be made in accordance with the
following provisions:
1. Quarterly invoice costs to be covered by this fund include:
3
(a) Direct personal service costs and fringe benefits of -the
environmental monitors) and full-time supervisor(s) , including the
cost of replacement personnel for the person(s) regularly assigned
to these positions.
(b) Direct non-personal service costs, including but not limited
to purchase or lease of a vehicle and its full operating costs,
equipment travel, training, supplies and materials, and any
appropriate chemical sampling and laboratory analysis fees.
(c) Inflation and negotiated salary increases.
(d) Overhead and indirect support costs at the annually calculated
indirect cost rate.
2. The NYSDEC may revise the required quarterly amount which
revision may take into account factors such as inflation, salarychanges in
increases, accrued interest to be applied to the balance,
operation hours and procedures, the need for additional or fewer on-
on of such monitors by full-time monitor*
site monitors and supery
seek information from the Department as to
supervisors. The Town may
the reason for any such revision, and such infor �iesnhshallereto notthabe .
the
unreasonably withheld. It is understood y parties
($10, 000) Dollars is based on the provision of
sum as Ten Thousand
funding for 10% of the cost as •described above of one environmental
monitor position. Any quarterly revision to this amount will be based
on this same type of calculation.
3 . Within thirty (30) calendar days after receipt of a
quarterly statement from the NYSDEC, the Town shall forward ,
mental
the amount due to the NYSDEC at: NYS Department Y n iron 1510,
Conservation, Room 608, 50 Wolf Road, Albany,
Attention: Director, Environmental Monitors. Payments are to be in
advance of the period in which they will be expended.
4. Upon termination of this Order and payment of any outstanding
costs, the unexpended balance, including interest, will be returned to
Respondent_Zfpon DEC approval of the Closure Certification Report for
the landfill(s) , the environmental monitor amount will be reduced,
commensurate with expected future costs of environmental monitoring
pursuant to this paragraph I.B.
5. Failure to submit timely payments shall be considered a
violation of this Order which may be enforced pursuant to the terms of
this Order and/or as otherwise provided by law.
6. The obligation under this Section (I.B. ) shall terminate if a
change in- law occurs such that a monitor for this subject facility
would no longer be required by law and/or regulation.
7 . The Town shall not be liable for any costs pursuant to this
paragraph I.B. in excess of an annual amount of thirty thousand
4
($30, 000) Dollars.
C. Modification to Schedule Dates
The parties hereto recognize that implementation may be subject
to compliance with, among other things, the competitive bidding
requirements of the General Municipal Law. The parties further
recognize that delays may result in awarding contracts and
implementation of contracts when such bidding process is required. If
any such delay occurs due to the. bidding require- went, the Town may-
make application to the Department for a modification of the schedule
dates herein, provided that the Town requests such modification at
least ten (10) business days prior to the date for which it is
sought, and that said request provide justification for the
modification sought, including a showing that the delay was due to
circumstances beyond the Town's control. If such a modification
request is made, the modification requested shall not be unreasonably
withheld by the Department. This is not intended to limit to any
extent the Town's right to apply for variances, waivers or
modifications as provided elsewhere in this agreement or under Part,
360.
c
D. 360 Applicability
Unless otherwise specifically noted herein; the closure and post,-
closure requirements of the 360 regulations in effect on October 8,
1993, shall apply to this Compliance Schedule. However, should the
closure and/or post-closure requirements subsequently be amended or
revised so as to be less costly or onerous to the Respondent, the
Respondent, at its sole option, can elect to proceed in compliance ,
with the updated requirements.
E. Request for Variance, Modifications, Waivers
The Town may submit in writing to the Department bona fide
requests for modifications of the time deadlines included in the
"Technical Requirements" (Section II, below) of this Compliance
Schedule, as well as variances, modifications or waivers under §360-
1.7 (c) , of any substantive Part 360 requirement. A bona fide request
under this paragraph is defined as one which has been previously
discussed with the Department's technical staff and been deemed, in
writing, by such staff, to be technically complete and approvable
regardless of staff's opinion as to whether or not it will ultimately
be approved on the merits.
Any such variance, modification and/or waiver requests with
regard to the provisions of II.B. below, will be submitted by the Town
no later than ninety (90) days of. the Department approval of the CIR.
The deadlines herein shall be suspended pending the Department' s
determination that the request is bona fide and its subsequent
determination on the merits of any such bona fide request. Variance,
modification or waiver requests may be submitted subsequent to ninety
5
(90) days after the Department's approval of the CIR, but the
deadlines imposed herein shall not be suspended during the
Department' s review and determination of such a request.
As to requests for an extension of the time deadline(s) under
this Order, if said requests are submitted in writing to the
Department at least thirty (30) days prior to the subject deadline(s) ,
the subject deadline(s) will be suspended until the Department has
rendered such a determination in writing.
F. Landfill Closure Funding.
The Department and the Town understand that interest-subsidized
short and long-term loans are available through the Environmental
Facilities Corporation to fund municipal landfill closure costs, and
that, in particular short-term subsidized- interest loans may be
available to cover landfill closure costs pending the availability of
landfill closure grants under the Environmental Protection Fund. Any
interest paid by the Town for loans pending Environmental Protection
Fund grant authorization would qualify as grant eligible costs under
the terms of the grant agreement and applicable legal requirements.
Further, the Department will take all necessary steps to facilitate
development of financing arrangements, including expeditious review
and approval of the Town' s applications for funding under the
Environmental Protection Fund that meet the requirements of the law ;
and associated rules and regulations now being promulgated by the
Department. The Town's relative position on the grant eligibility
list will be based upon the date of application unless the application
is subsequently disqualified.
II. TECHNICAL REoUIREMENTS:
A: General Requirements
Immediately, Respondent, having ceased operation
of the Cutchogue Landfill on October
8, 1993 , shall continue to maintain
the Landfill in compliance with the
requirements set forth in 6 NYCRR
360-1. 14 (w) and take the necessary
steps to maintain the landfill in
compliance with the cover
requirements set forth in 6 NYCRR
360-2 . 17 (d) .
B. Landfill Closure Requirements:
Within two (2) weeks of the Respondent shall submit to the
date of the execution of this Department any and all of its
Order, existing reports and data
relative to landfill gas and
6
hydrogeologic conditions at
the site.
Within forty-five (45) days of Respondent shall submit to the
the Department's written notifi- Department for its approval, an
cation to Respondent that approvable workplan for the
additional investigations and performance of such investiga-
data, if any, are necessary with tions and gathering of such data.
regard to methane gas and Said workplan shall include a
hydrogeologic conditions at the proposed implementation schedule
site, with implementation to commence
within forty-five (45) days of
Department approval of the
workplan.
Respondent- shall complete
implementation in accordance with the
DEC approved workplan and schedule.
Within one hundred. and fifty Respondent shall submit to the
(150) days of the- completion Department, an approvable draft
of the implementation of the Closure Investigation Report (CIR)
above-referenced workplan, in compliance with 6 NYCRR 360-2. 15
or of the Department's deter- (a) .
mination that no additional ,
investigation or data is
necessary, whichever is sooner,
Within thirty (30) days of A final. approvable CIR incorporating
receipt of DEC's comments DEC'-s comments shall be submitted by ,
on the draft CIR, Respondent to the Department for its
approval.
The Department-approved CIR shall
be attached to and incorporated into
this Compliance Schedule as Appendix
A. Respondent shall perform such
additional investigations as the
Department determines necessary due
to the analysis and conclusion in the
CIR. In the event additional
investigations are determined by
the Department to be necessary, a
schedule for these additional
"Approvable" as used in this Order shall mean approvable
by the ;Department with minimal .revision. "Minimal Revision"
shall mean that Respondents can incorporate all revisions
required by the Department and resubmit the plan for Department
approval within fifteen (15) calendar days after receipt of
written- comments of the Department.
7
investigations will be mutually
agreed to.
Within one hundred and eighty Respondent shall submit to the
(180) days from the Department Department an approvable draft
approval of CIR or Respondent' s Closure Plan (CP) in compliance
completion of any additional 6 NYCRR Part 360-2. 15; said plan to
investigations deemed necessary include an implementation schedule.
by the Department, whichever is
longer,
Within sixty (60) days of Respondent shall submit a final
the receipt of DEC comments approvable CP incorporating the
on the draft CP, DEC's comments to the Department
for its approval. The Department-
approved CP shall be attached to and
incorporated into this Compliance
Schedule as Appendix B.
Within one hundred twenty Respondent shall commence implemen-
(120) days after the date of tation and complete it in accordance
approval of the Closure Plan, with the Department-approved
Closure Plan and Schedule.
Within ninety (90) days after Respondent shall submit to the
completion of all construction Department for its approval, an
activities identified in the approvable Closure Certification ,
Department-approved CP, Report (CCR) , which shall include a
written certification of individuals
licensed to practice engineering in
the State of New York; that all ,
construction activities identified in
the Department-approved CP were
undertaken in accordance with each
requirement of 6 NYCRR Part 360 and
this Order. The Department-approved
CCR shall be attached to and
incorporated into this Compliance
Schedule as Appendix C.
The Department specifically
acknowledges that if the approved CP
includes a landfill cap, the Town may
apply for variances so that the cap
meets the following minimum
requirements:
(1) a geomembrane barrier with a
barrier protection layer of 12" of
soil;
. (2) a 12" gas venting layer that has
a maximum of ten (100) per cent by
weight passing through the #200 sieve
after placement;
8
(3) a minimum final 611 layer
composed of any material that can be
shown to be able to continually
support plant life.
The Department acknowledges that
based upon the facts as presently
known, such variance applications, if
they meet the applicable procedural
standards, will be deemed bonafide as
defined in I.E. above, and absent
extenuating circumstances revealed in
the Department's review of the
applications, will be acted upon
favorably by the Department.
As concerns any application for
variances for ground and surface
water monitoring for the landfill:
(1) upon implementation of the DEC
approved Closure Investigation Report
in accordance with this Stipulation,
and
_ c
(2) upon implementation of complete
baseline parameter monitoring one (1)
year from the date of initial base-
line monitoring in performance of, the
approved hydrogeologic work plan and
approved CIR, and
(3) upon implementation of quarterly
routine monitoring for two (2) years
from the date of initial baseline
monitoring in accordance with the
approved Work Plans and approved
CIRZ,
the -Town may thereafter monitor
ground and surface water semi-
annually for routine parameters and
every three (3) years for baseline
parameters, unless monitoring reports
reveal a contravention of applicable
ground and/or surface water standards
deemed material by the DEC in
accordance with the following
procedure.
z In the event that the Town demonstrates that existing
monitoring data satisfies all or part of the initial baseline
and/or routine monitoring requirements of this variance, all or
part of- the initial baseline and/or routine monitoring may be
waived by the DEC.
9
If a new or increased contravention
of ground and/or surface water
standards is documented, the Town may
demonstrate to the DEC that the
contravention is non-material. If
the Town does not make this
submission, such contravention will
be deemed material. Upon such a
demonstration and prior to requiring
increased routine and/or baseline
monitoring, the Department must find
the contravention to be material by
considering the following factors:
(1) the toxicity or other hazard of
the contravening substance(s) ;
(2) the potential impacts to public
health (including drinking water
supplies) , the environment or natural
resources threatened by the
contravention;
(3) whether the contravention may
reveal a potential failure of the,
landfill cap.
Notwithstanding the procedure set
forth in this paragraph, upon finding
by the Department that the contraven-
tion is material, the Town shall
perform additional monitoring deemed
necessary by the Department to ,
determine the scope and nature of
pollution by the contravening
substance(s) and associated
substances pending resolution of any
dispute that may arise regarding the
Department's finding that the
contravention is material.
C. Solid Waste Management Plan (SWMP)
Within one hundred andtwenty Respondent shall submit to the
(120) days of receipt of DEC's Department, an approvable revised
comments on the revised Solid draft of the Solid Waste Management
Waste Management Plan (SWMP) , Plan (SWMP) which includes a
Comprehensive Recycling Analysis
(CRA) .
Within thirty (30) days of Respondent shall submit an
receipt of DEC' s comments on approvable final SWMP to the
the revised draft SWMP, Department. The Department-approved
plan shall be attached to and
incorporated into this Compliance
Schedule as Appendix D_
Upon approval of the SWMP Respondent shall implement the
10
by the Department, approved SWMP.
D. Permanent Transfer Station
Within two hundred and seventy The Town shall submit to the Depart-
(270) days of the date of ment, a complete and approvable
execution of this Order, application for one of the following
alternatives: (1) a permit pursuant
to 6 NYCRR Part 360 for the operation
of a solid waste management facility
for the collection at and
transportation from the site of
municipal solid waste generated
within the Town; (2) registration
pursuant to Part 360 for the type of
facility described above in #II;
and/or (3) an alternative plan for
the disposal of waste.
E. Reclamation
Within twelve (12) months The Town, at its sole option and
of the date of execution of discretion, shall have the right to
this Order, investigate the feasibility of
complete and/or partial reclamation
of the facility pursuant to 360-2.18,
effective October 9, 1993 , as a
partial or complete alternative to
closure and shall have submitted:to
the Department, an approvable
Feasibility Study Report.
Within three (3) months of The .Town shall have submitted to the ,
the Department's approval Department for its approval, an
of the Feasibility Study approvable reclamation workplan with
Report, with findings that an implementation schedule. Upon
reclamation is feasible, Department approval of the reclama-
tion workplan, it shall be imple-
mented by the Town in accordance with
the approved plan and shall be
attached to and become incorporated
into this Schedule as Appendix E.
Upon DEC approval of the reclamation
plan, the Town shall have the right
to seek a modification of the
deadlines in this schedule for tasks
in the Closure Plan Implementation
which may be impacted by reclamation.
The Town shall not be held in default
under this schedule if they are
waiting for a response from DEC. to
their request for such a modification
after DEC approval of a reclamation
plan, nor shall the Town be held in
default under this schedule if they
have submitted an approvable
feasibility study report in
11
accordance with this schedule and
have not yet received a Department
decision on it.
DEC' s approval of any such
modification request shall not be
unreasonably withheld. It is
understood herein that this option is
to be explored by the Town
concurrently with the time frames in
this schedule, and not as a
substitute for them, until such time
as a reclamation plan is approved by
the Department.
F. Fishers Island Metal Dump Closure Requirements
Within one hundred and eighty The Town shall submit to the Depart-
(180) days of the date of ment for its approval, an approvable
execution of this Order, Closure Plan or approvable
specifications for total waste
removal, with implementation
schedule, identifying the method of
closure of the Metal Dump. The Town
shall implement the closure plan as
approved by the Department.
G. Reclamation of Mined Area
Within sixty (60) days of Respondent shall submit a revised
the date of execution of updated approvable reclamation plan
this Order, for the• ±5 acre mined area of the
Cutchogue Landfill in letter form.
Said plan shall include a request for
a variance from the 25 foot buffer
requirement, which variance will be
acted upon favorably by the
Department, absent extenuating
circumstances revealed in the
Department's review of the
application letter; a minimum 1:2
slope to be established and
definitive narrative statement as to
the proposed land use objective.
Said plan shall include a timetable
with reclamation to be completed no
later than one (1) year from its
initiation. The Town shall implement
the plan as approved by the
Department.
The Department hereby acknowledges
that the Town has submitted a mining
and reclamation plan in December,
1987 .
12
ATTACHMENT II
AGREEMENT, made and entered into this day of October
1994 by and between the Towns of Riverhead, Southold and East
Hampton ("Towns") , and the State University of New York at Stony
Brook ("SUNY:') on behalf of its Center for Excellence and
Innovation in Education, who will work in conjunction with the
Marine Sciences Research Center.
The parties to this agreement hereby agree that:
1. The Towns hereby retain the services of SUNY for purposes
of developing, implementing and operating the East End
Environmental Camp (the Project) , which is more fully described
below.
2 . Within ninety (90) calendar days after execution of this
Agreement, SUNY shall submit to the New York State Department of
Environmental Conservation ("DEC") , a plan and description of the
Project ("Project Plan") , including a schedule for development and
implementation of the project for commencement, during the Summer
of 1995. The. Project Plan shall, at a minimum, include the
following:
a. Beginning on January 15, 1995, submittal by SUNY to the
DEC and the Town, an annual budget and proposed program for the
following summer season on or before November 15 of each year;
b. Beginning on October 1, 1995, submittal by SUNY to the DEC
and the Town, an annual year end report on the prior summer' s
experience by no later than October 1 of each year;
c_ Provision for at least three (3) one-week sessions per
- 1 -
summer of the environmental education camp commencing in the
summer of 1996, serving approximately 100 (but not less than 75)
campers per week, including contractual arrangements with the
Baiting Hollow Camp or an acceptable alternate site, and provision
for necessary supplies, equipment .and associated contractual
services; a one-week experimental camp serving 100 (but not less
than 75) campers per week shall be conducted during the summer of
1995.
d. Provision for hiring, training and qualifications of
conservation camp supervisor(s) , conservation camp counselor(s) ,
and all other employees necessary pursuant to any applicable laws,
rules and regulations for such projects and/as necessary to
implement the Project;
e. A curriculum comparable to that developed for existing
environmental education camps in New York .State, centering on
natural resources and environmental quality through active
participation in the environment, including but not limited to
studies to be conducted in streams, ponds, marshes, coastal
environments and woodlands in the environment of the camp so as to
lead to a better understanding of the interconnections of
components of the environment; aimed at developing environmental
literacy and the acceptance of personal responsibility for
stewardship of resources; and emphasizing the importance and value
of the marine resources and their history on Long Island;
f. Provision for necessary capital improvements to the
selected camp site; and
2
g. Provision for the establishment of a schedule for camper
tuition/fees and eligibility criteria; SUNY shall exercise its
best efforts to ensure that at least 30% of the campers reside
outside of Suffolk County; SUNY shall also establish a program for
at least 30% full-paid scholarships based upon economic need.
Fifteen (15%) percent of such full paid scholarships shall be per
Town for camper participating herein, for residents of the Town.
h. Provision for at least 15% of available camper spots to
be offered to children from each of the Towns participating in the
funding of the Project. (i) A plan for recruitment of attendees
to meet the percentages noted in g and this section h. The
recruitment for the 15% from the Town will be coordinated through
the Town's recreation department. If the 15% have not been filled
within ninety (90) days of the starting date of that summer's
camp, SUNY reserves the right to fill any vacant spots from other
areas.
3 . Upon approval by the DEC of the Project Plan, SUNY shall
implement the Project Plan as approved.
4 . If the Baiting Hollow Camp site should for any reason
become unavailable, any alternate site selected by SUNY shall be
located in one of the Towns participating in the Project.
5 . The parties acknowledge that SUNY is an independent
contractor and solely responsible for the planning implementation
and operation of the Project. SUNY shall, to the fullest extent
authorized under the New York State Court of Claims Act and case
decisions thereunder, be responsible to the Towns (and DEC) for
3
all liability, demands, claims, suits, losses, damages, causes of
action, fines or judgments, including costs, reasonable attorneys '
fees if assessed by a court of competent jurisdiction, witness
fees and expenses incident thereto, for damages to persons or
property arising out of or in connection with the Project if
caused by negligence of the Center, its agents or employees. In
addition, SUNY shall purchase and maintain liability and/or any
other insurance necessary for the implementation of the Project in
the appropriate amounts but not less than One Million Dollars per
person and Three Million Dollars per incident. Said insurance
shall name the Towns and the DEC as additional insureds.
6. Beginning on February 1, 1995, SUNY shall as prescribed in -
Attachment I incorporated herein receive from the Towns funds on
or before February 1 of each year 'for that year's summer camp.
If, for any reason, SUNY does not implement- the Project after
having withdrawn funds from the escrow account, any funds not
already dedicated for a specific purpose- will be immediately
returned to the DEC for return to the escrow account.
7. SUNY acknowledges that the source of the funding for the
project is monies paid by the Towns into an escrow fund
established and maintained. by SUNY under sole and exclusive
control in amounts specified in stipulations of settlement entered
into between each Town and NYSDEC on this date, and fees paid by
users. SUNY acknowledges that it is familiar with the terms of
the stipulations and in particular, with the monies to be paid and
the dates when they are due. SUNY further acknowledges that
4
neither one of the Towns will provide any additional monies other
than those specified in the stipulations of settlement and that
NYSDEC and SUNY is providing no independent funds for the Project.
8 . SUNY shall expend money only from the escrow account upon
prior approval by the NYSDEC's Regional Attorney after submission
of an annual budget. All disbursements from the account must be
made in accordance with the Department approved budget.
9. The parties hereto agree that this Agreement shall remain
in effect from the date of its execution -until October 1, 2001,
provided, however, that if monies paid by these Towns remain in
the escrow account after October 1, 2001, this Agreement shall
remain in effect until all monies adequate for the continued c
operation of the camp in said account have been expended. SUNY
may elect to terminate this agreement in the event adequate monies
are not available. Such termination shall be effective upon the
Towns -and DEC's receipt of written notice. Said notice to be at
least sixty (60) days prior to any such termination. /
10. SUNY acknowledges its obligation to develop, implement
and operate the Project in accordance with the NYSDEC-approved
Project Plan. If the NYSDEC determines that SUNY has failed to
develop, implement and operate the Project in accordance with the
NYSDEC-approved Project Plan, SUNY, upon notification from the
NYSDEC, must return any monies not dedicated for a specific
purpose to the escrow account, which the NYSDEC determines to be
necessary. The parties hereto hereby recognize the authority of
the NYSDEC to make determinations in this regard.
11. It is understood and agreed to by the parties hereto, that
SUNY shall be relieved of all obligations herein in the event an
5
acceptable camp site suitable to carry out such obligations is not
available or in the event circumstances beyond it' s control
prevent SUNY' s operation of the camp.
12 . The provisions of Exhibit A (Standard State clauses) are
incorporated herein.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands hereby acknowledging that the provisions of this
agreement shall be hindi upon them and any successors thereto.
,1
TONY BUL K JOSEPH JANOSKI
Supery or Supervisor
on behalf of the on behalf of the
Town of st Ha pto Town of Riverhead
THOMAS W CKHAM MICHAEL DEMARTIS
Supervisor Director of Purchasing
on behalf of the and Stores Purchasing
Town of Southold State University of New York
at Stony Brook
6
STATE OF NEW YORK)
ss. .
COUNTY OF SUFFOLK)
�` C�/-�,/
On this day of �� 1994 , before me
personally came Tony Bullock, to me known and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged to me that he execut d the same.
JEAN R.HORNECK
NOT^T;Y P!11!3�,C
STP.TE J-�NeW YChiK
Q.
O Y 'PUBLIC
STATE OF NEW YORK)
ss. .
COUNTY OF SUFFOLK)
On this day of 1994, before me c
personally came Thomas Wickham, to me known and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged to me that he executed the same.
N TARY PUBLIC (fpETM-E-n-
Notary Public.State of New Yo(K
NO.52-0344563
Qualified in Suffcik county �
STATE OF NEW YORK) Commission Expires May 31,1 �
�
ss. :
COUNTY OF SUFFOLK)
On this day of 1994 , .before me
personally came Michael DeMartis, to me known and known to me to
be the individual described in and who executed the foregoing
instrument and he acknowledged to me that he executed the same.
NOTARY PUBLIC
7
STATE OF NEW YORK)
ss. .
COUNTY OF SUFFOLK)
On this day of 1994 , before me
personally came Joseph Janoski, to me known and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged to me that he executed the same.
NOTARY PUBLIC
LS:A:encehamp1004941s
8
- i •
State Assistance Municipal Landfill Closure Program
(6 NYCRR Subpart 360-9, effective September 1, 1990)
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN
FACILITY NAME Town of Southold Landfill
EXTENT OF WASTE DEPOSIT (ACRES) approx. 30
FACILITY ID#
FACILITY LOCATION County Road 48 , Cutchogue, NY
COUNTY Suffolk
FACILITY OWNER Town of Southold
FACILITY OPERATOR Town of Southold
CONTACT PERSON James Bunchuck, for Tom Wickham, Town Supervisor
ADDRESS Southold Town Solid Waste District, P.O. Box 962. Cutchogue,,NY
119 35
PHONE NO: (516) 734-7685
STAGE BEGIN DATE END DATE COST
Prepare Closure Investigation Work Plan* 11 /94 (A) 3/95 (A) $ 10,000.
Perform Closure 9/9512/95 70,000 E/A
Investigation P/A P/A $
Prepare Closure 1 /96 4/96p/q 20,000 E/A
Investigation Report P/A
Prepare Closure Plan 7/96 P/A 12/96 P/A $ 100,000 E/A
Perform Vector 3/97 4/97 P/A $ 25,000 E/A
Remediation, if required P/A
Construct Leachate
Collection System, if **(see reverpse) P/A E/A
required
Construct Gas Venting Layer **(see reverse)
and Gas Collection/Control P/A E/A
System P/A
*Draft Plan submitted to DEC in March, 1995. Currently awaiting DEC comments.
(9/90) Page 1B of 2B
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN (cont'd)
STAGE BEGIN DATE END DATE COST
**(see bel
Construct Barrier Layer 1 . P/V
P/A E/A
Construct Barrier Protection **(see below)
Layer P/A P/A E/A
(see "Construct/A P/A E/A
Construct Topsoil Layer Landfill
Establish Vegetative Cover Cover" Pho7k) P/A E/A
Construct Landfill Cover 3/97 12/97 $2,000,000
Prepare Construction
Certification Report 1 /oQ P/A 3/98 P/A $ 40,000E/A
TOTAL: $2,265,000
Notes: P = Prospective
A = Actual
E = Estimated
**Construction cost of the cap is based on the Town of Southold's plan to place an
asphalt compost pad over approximately 11 acres of the landfill and a soil and
vegetative cover over the remaining 19+ acres. If NYSDEC does not approve
this plan and requires a typical Part 360 cap, including a geomembrane
barrier, the cost of construction would be about $6,000,000.
(9/90) Page 2B of 2B
JUN-08-1995 08 11 YS DEC • 518 457 0342 P.05
AFFIRMATIVE ACTION WORKPLAN
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Municipality Project Number
Town of Southold
Address City Zip Code
53095 Main Rd. Southold 11971
Authorized Representative Authorized Signature
Thomas Wickham
Address City Zip Code Phone No.
53095 Main Rd. Southold 11971 (516)765-1889
Affirmative Action Representative Phone No.
James McMahon (516)765-1892
1Project Description (list separate contracts and estimates)
Contract No. Description Estimate
I
PROJECTED. EEO AND MBE/WBE CONTRACT S2w=y
! 3 Amount $ No./Empl..
1. Total Project S. Total Employee
Dollar Value 100 $2,265,000 TBD
2 . MBE Applied15 $ 339,750 6. Total Minority TBD
Project Goal Employees Goal
3. WBE Applied 7. Total Female TBD
Project Goal 5 $ 113,250
4. MBE/WBE Com- 20 $ 453,000 8 • EEO Combined TBD
bined Totals Votals
FOR THE OFFICE OF APFIPMATIVE ACTION USE ONLY
Proposed Goals ( Date Approved Date Disapproved Initials
MBA. ) EEO-Minorities (%)
,;BE(�) EEO-Women()
11* ie-nea wq —w Jew
TOWN OF SOUTHOLD
MEMORANDUM
To: Norman Nosenchuck, Director
Division of Solid Waste
NYSDEC, 50 Wolf Road, Albany, NY 12233-4010
From: Thomas Wickham, Supervisor, Town of Southold
Date: August 15, 1995
Subject: Landfill Closure Assistance Application
I hereby submit the following statements in support of The Town of
Southold's application for State Assistance For Non-Hazardous Municipal
Landfill Closure Projects Under Title 5 of Article 54 of the Environmental
Conservation Law, as required.
1) SITE CLASSIFICATION
The Southold Town Landfill was delisted from the State Registry of
inactive hazardous waste sites and was removed from the list of
potential (Class 2a) hazardous waste sites by the DEC in October 1993.
These actions were taken as a result of findings of the July 1991 Part +
360 and Phase II Hydrogeologic Investigation, and subsequent sampling
events.
2) SITE USE AFTER CLOSURE
Once closed pursuant to Part 360 regulations, the closure project area
will not be considered for the location of any future landfilling
activity. Nor is the Town considering using the area for any other
purpose, with the exception of the asphalted portion will be used for
the proposed yard waste composting program, pending DEC approval.
After closure, any uses of the area or portions thereof would be
undertaken only in accordance with DEC regulations.
3) POST-CLOSURE OPERATION AND MAINTENANCE
The Town will fund and implement post-closure monitoring and
maintenance of the landfill closure site in accordance with Subdivision
Memorandum to Norman Nosenchuck, Director
Page Two
August 15, 1995
360-2.15(i) of the regulations, and in consideration of variances
available in the Town's stipulated agreement with the DEC.
SIGNED, AS AUTHORIZED BY TOWN
BOARD RESOLUTION OF JULY 25, 1995: r
6,Y, I om c
L� 74
Date
Supervisor, Town of
Southold
FFOLIr
JUDITH T.TERRY c 1 Town Hall,53095 Main Road
TOWN CLERK ti P.O.Boz 1179
REGISTRAR OF VITAL STATISTICS �,y � Southold,New York 11971Fax(516)765-1823
RECORDS RMANA MANARIAGE GEMENT ��( �►ao Telephone(516)765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 25, 1995:
RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE
ASSISTANCE FOR LANDFILL CLOSURE PURSUANT TO TITLE 5 OF ARTICLE 54 OF
THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW.
WHEREAS, the Town of Southold, herein called the "Municipality" has hereby
determined that certain work, as described in the state assistance application and
any amendments thereof, herein called the "Project", is desirable and in the public
interest; and
WHEREAS, Title 5 of Article 54 of the Environmental Conservation Law authorized
state assistance payments to municipalities for closure of municipal landfills by means
of a written agreement and the Municipality deems it to be in the public interest and
benefit under this law to apply therewith;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold
1 . That Thomas Wickham, Supervisor of the Town of Southold, is directed
and authorized as the official representative to act in connection with any
application between the Municipality and the State, and to provide such
additional information as may be required;
2. That one (1) certified copy of this Resolution be prepared and sent to
the Director, Division of Solid Waste, New York State Department of
Environmental Conservation, 50 Wolf Road, Albany, New York 12233-4010,
together with the application; and
3. That this Resolution take effect immediately.
Judith T. Terry
Southold Town Clerk
July 26, 1995
CERTIFICATE OF RECORDING OFFICER
I, Judith T. Terry, Town Clerk of the Town of Southold, hereby
certify that the attached Resolution is a true and correct copy of the
Resolution, authorizing the submission of a state assistance municipal
landfill closure application, as regularly adopted at a legally convened
meeting of the Southold Town Board, duly held on the 25th day of July,
1995; and further that such Resolution has been fully recorded in the
Southold Town Board Meetings Minute Book in my office.
In witness hwereof, I have hereunto set my hand this 26th day of
July, 1995.
..........
......
(SEAL) Judith T. Terry
Title: Southold Town Clerk
SOUTHOLD TOWN LANDFILL CLOSURE PROJECT
AFFIRMATIVE ACTION WORKPLAN
State Assistance Municipal Landfill Closure Program
for
Assistance for Non-Hazardous Municipal
Landfill Closure Projects Under Title 5
of Article 54 of the Environmental Conservation Law
The Town of Southold will comply with the following affirmative action and equal
employment opportunities provisions, as found in: Federal Executive Order No. 11246,
as amended; Title VI of the Civil Rights Act of 1964, as amended; Title VII of the Civil
Rights Act of 1964, as amended; the Americans with Disabilities Act of 1990, as
amended; 38 U.S.C. 4212 of the Vietnam Era Veterans Readjustment Assistance Act of
1974; the Age Discrimination Act of 1967, as amended; Section 503 of the
Rehabilitation Act of 1973, as amended; Section 109 of the Housing and Community
Development Act of 1974, NYS Executive Law, Article 15-A. and all other State and
federal statutory and constitutional non-discrimination provisions.
The Town of Southold is committed to carry out the intent of New York State Executive
Law, Article 15-A, as they pertain to the activities financed by the State Water Pollution
Control Revolving Fund Program loan.
The Town of Southold will develop a comprehensive MBEIW BE-EEO program which
will assure the meaningful participation of minority and women's business enterprise in
contracting and the meaningful participation of minorities and women in the
workforce(s) associated with the Southold Town Landfill Closure.
James C. McMahon, Executive Assistant, Town of Southold shall be the local
governmental official responsible for administrating the approved comprehensive
Affirmative Action Program.
The Town of Southold has begun work on the final closure and capping of the Town
Landfill in Cutchogue, New York, in accordance with the stipulation settlement between
the Town and the DEC of October 5, 1994.
The landfill property encompasses approximately 60 acres, about one-half of which
contains material landfilled from around 1920 through October 8, 1993, when all landfill
activity ceased. All manner of mixed municipal solid waste is buried at the site,
including household trash, small business commercial waste, septic waste (sludge),
construction and demolition debris, and yard waste. There is no industrial waste buried
- l
at the site. In addition, burial of Household Hazardous Wastes virtually ceased in 1986,
when Southold became the first municipality in New York State to establish a
permanent HHW facility.
Since the landfill opened prior to the establishment of Part 360 Regulations it was
constructed without a liner. Also, portions of the currently required 100 foot buffer
zone between the landfill and its property boundaries have been used for landfilling solid
waste in the past, prior to the current requirements. The Town has requested variances
from these requirements and plans to request additional variances from specific closure
requirements, as described in the stipulated agreement. The Town expects to propose a
cap consisting of an asphalt pad over roughly 11 acres of the site that is at a relatively
flat grade consistent with surrounding properties, and which contains the oldest waste
mass in the landfill, and a 19-acre vegetative and soil cover over the remaining landfill
area, much of which is 20 - 30 feet above surrounding grade.
The contractor(s) shall provide services in support of a series of engineering, analytical,
and construction work phases required to meet Part 360 Closure Requirements, subject
to approved variances, some of which have been applied for by the Town and are under
review by the NYSDEC. These phases of work begin with preparation of the Closure
Investigation Workplan (already completed and submitted to NYSDEC; awaiting
comments) through the final Construction Certification Report (see Closure Project
Workplan, attached).
The Closure Investigation Work Plan provides a detailed description of the investigation
field activities, including the sampling and analytical quality assurance/quality control
program to be undertaken in the Closure Investigation. The Closure Investigation
Report will present findings of the field work and lay the basis for the Closure Plan.
The Closure Plan will involve the engineering work necessary to develop the plan and
specifications for the closure, including the actual construction activity, and the gas,
leachate, and runoff control mechanisms.
Construction of the landfill cover itself will include the work necessary to lay the
asphalt pad and vegetative cover described above. The Town plans to use the pad for a
NYSDEC approved yard waste composting program. The soil and vegetative cover will
be designed to discourage runoff and promote evapotranspiration of rainwater, subject
to NYSDEC approval. The construction phase will require considerable regrading of the
site and special landscape expertise.
11/08/97 15:44 FAX 78 Q02
STATE OF NEW YORK �.J
1
SCUT= CHAMBER
GEORGE B. PATAXI, GOVERNOR
Press Office
518-474-8418
212-681-4640
http://www.state.ay.us FOR RELEASE:
INmaDIATE, Wednesday
November 5, 1997
GovERNOR PATAKI AWARDS $23 MILLION IN LANDFILL CLOSURE GRANTS
Environmental Funds to Help 38 Local Governments Protect Natural
Resources
Governor George E. Pataki today announced that 38 grants worth
$23.5 million from the Clean Water/Clean Air Bond Act and the State
Environmental Protection Fund (2PF) will be awarded to communities
across the state to enable them to install modern environmental
protection measures at inactive municipal landfills. '
"New Yorkers have ]mown for a long time that these landfills must
be properly closed, " Governor Pataki said. "But many communities simply
cannot afford to foot the bill on their own. These grants from the
Clean Water/Clean Air Bond Act and the Havironmental Protection Fund
will get the job done. I am committed to helping local governments
afford to pay the cost of State mandates and take prompt action to
address environmental threats.
"Projects like this exemplify the need for the Clean water/Clean
Air Bond Act, " Governor Pataki said. "Without State funding, -these
small municipal governments would be left with the unenviable choice
of dramatically raising takes on their residents or watching
helplessly as ground and surface waters are needlessly threatened. "
The grants Will enable the proper closure of municipal landfills
in Albany, Cayuga, Delaware, Dutchess, Greene, Oneida, Putnam,
Rensselaer, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan,
ulster, Washington and Westchester counties.
These inactive landfills were built before modern environmental
standards, and were closed without proper safeguards to protect
groundwater supplies and local residents" said state Department of
Environmental Conservation Commissioner John P. Cahill. "These grants
will enable local governments to install modern environmental
protection measures such as impermeable caps and leachate collection
systems. They are another striking example of Governor Patakils
commitment to providing critical State assistance to enable Local
governments to meet important environmental protection goals."
11/08/97 15:44 FAA 903
The grants will paypercent of the landfill closur sts for
municipalities with more 3,500 residents, and 90 pere of the
cost for municipalities with less than 3,500 residents, up to a total
of $2 million per facility.
-more-
Fifteen small municipalities that already closed their landfills
using 75 percent matching grants from the EPF will receive an
additional $2 million in total to increase the State share of landfill
closure costs to 90 percent, which is the amount specified under the
Bond Act.
ocommunities should benefit equally from the State landfill
closure grants," Governor Pataki said. "It would not be fair to
penalize these communities that stepped forward in a timely fashion to
do the right thing for the environnke+'+t."-:"
Between the Bond Act and the SPF, the State has the resources
necessary to close every outdated municipal landfill in New York
State. The Bond Act, which was proposed by Governor Pataki and
approved by voters in November 1996, includes $50 million for landfill
closures_ The EPF, which has been fully funded for the first time by
Governor Pataki, provides $13 million for landfill closure assistance
this fiscal year.
On Sept. 16, Governor Pataki announced that $20 million from the
clean water/Clean Air Bond Act will be allocated to enable 44 inactive
landfills in the Adirondacks to be properly closed.
A list of the landfill closure grants is attached.
###
i
B
SrF.
11/08/97 15:44 FAX 1004
Niskayuna Landfill -Phase
Schenectady
$2,401,600
$1,168,224
50V
Conesville Landfill
Schoharie
$824,120
$923
15ir
Riverhead Landfill
Suffolk
$10,523,000
$2,000, 000
$2m max
Shelter Island Landfill
Suffolk
$1,818,150
$272,722
is%
Southold Landfill
Suffolk
$2,265,000
$1,132,500
50%
Total Suffolk County
$14,606,150
$3,405,222