Ensure that any municipality receiving state assistance for closing a municipal landfill has completed a closure investigation report considering future climate risk.

Date Due:: N/A
Responsible Entity:: DEC
Action:: Ensure that any municipality receiving state assistance for closing a municipal landfill has completed a closure investigation report considering future climate risk.
Summary:: Any municipality that is the owner or operator of a landfill may apply for state assistance with the cost of a municipal landfill closure project only after taking certain steps, among them completing a closure investigation report that includes a demonstration that future physical climate risk has been considered.
Status:: ONGOING: Nonhazardous Municipal Landfill Closure Projects application requirements (6 NYCRR 369-6.3) have not been updated to require consideration of climate risks.
Statute:: CRRA §8 amends ECL § 54-0503(3).

Statutory Language:

CRRA § 8: “Subdivision 3 of section 54-0503 of the environmental conservation law, as added by chapter 610 of the laws of 1993, is amended to read as follows:

3. A closure investigation report which complies with the requirements of applicable regulations of the department, including a demonstration that future physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable, has been considered, shall have been submitted."