NY Env Conserv L § 27-0703 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 7 - Solid Waste Management and Resource Recovery Facilities 27-0703 - Powers and Duties of the Department; Solid Waste Management Facilities.

§ 27-0703. Powers  and  duties of the department; solid waste management              facilities.   1. To the maximum extent feasible, the department shall carry out  the provisions  of  this  title  so  as  to  facilitate  short and long term planning  for  solid  waste  disposal,  to  promote  cooperation   among neighboring localities in the planning and implementation of solid waste management  programs and facilities, and to facilitate implementation of solutions to solid waste management problems confronted by localities.   2. The department shall have the power to: (a) Adopt  and  promulgate, amend  and repeal rules and regulations governing the operation of solid waste  management  facilities.  Such  rules  and  regulations  shall  be directed at the prevention or reduction of (i) water pollution, (ii) air pollution,  (iii)  noise  pollution, (iv) obnoxious odors, (v) unsightly conditions caused by uncontrolled release of litter, (vi) infestation of flies and vermin, and (vii) other  conditions  inimical  to  the  public health,  safety and welfare. In promulgating such rules and regulations, the department shall give due regard to the economic  and  technological feasibility  of compliance therewith. Any rule or regulation promulgated pursuant hereto may differ  in  its  terms  and  provisions  as  between particular  types  of  solid  waste management facilities and as between particular areas of the state.  (b) Provide technical assistance to municipalities and  other  persons engaged  in  solid  waste  management  and  provide  training for proper operation of solid waste management facilities.  (c) Cooperate with appropriate local, state,  interstate  and  federal agencies  to  promote the operation of solid waste management facilities in a safe, sanitary, efficient and environmentally sound manner.   3. The department shall, in promulgating any new or  revised  rule  or regulation,  accompany  such  rule  making  with an environmental impact statement or a written assessment stating the  extent  to  or  means  by which  such  rule  or  regulation  will  prevent  or  reduce the factors identified in subparagraphs  (i)  through  (vii)  of  paragraph  (a)  of subdivision two of this section.   4.   Siting,   design,   construction,   and   operating  requirements established pursuant to subdivision two of this section for solid  waste management  facilities shall be embodied in rules and regulations of the department promulgated pursuant to the  state  administrative  procedure act.   5.  The  commissioner shall cause program plans to be prepared for all solid waste management assistance programs of the department enacted  or substantially  modified  by  the  solid  waste management act of 1988 or hereafter  enacted,  for  the  program  of  funding  small  scale,   low technology  approaches  to resource recovery pursuant to section 51-0905 of this chapter, and  for  the  local  resource  reuse  and  development program established by section 27-0405 of this article. Such plans shall be  consistent  with  the legislative intent and statutory authorization for such programs. Program plans shall be  derived  from  and  shall  be consistent  with  the  state  solid waste management policy set forth in section 27-0106 of this article. Such plans shall be transmitted to  the temporary  president  and  the  minority  leader  of  the senate and the speaker and the minority leader of the assembly within  ninety  days  of the  effective  date of this act or of the effective date of any statute authorizing such program. Program plans shall  describe  the  goals  and objectives  of  each  program, operational priorities and administrative procedures to be established in administering each program, shall  guide the  development  of  operating  procedures and administrative rules and regulations governing each program, shall set forth the manner in  which the  program  shall  be  coordinated  with  other solid waste management  programs  and  shall  set  forth  a   description   of   the   operating relationships  with  the department of environmental conservation, other relevant agencies and authorities and  regional  and  local  public  and private organizations.   6. Notwithstanding any other provision of law or rule or regulation to the contrary, the owner or operator of a solid waste management facility engaged  in the storage of one thousand or more waste tires in existence on or after the effective date of this subdivision shall submit  to  the department  a  completed application for a permit to continue to operate such facility, or cease operations and begin removal of the waste  tires from  the  facility  and  dispose  of  or  treat them in a lawful manner pursuant to a removal plan approved by  the  department.  The  owner  or operator  must  provide financial assurance to cover the cost of closure of the facility at its maximum capacity, in a form and amount acceptable to the department, before a permit will be issued. Any owner or operator who obtained a permit pursuant to this subdivision before the  effective date  of  the  waste  tire  management  and  recycling act of 2003 shall provide such financial assurance within one hundred eighty days  of  the effective  date  of  such  act. Failure to provide or maintain financial assurance shall be grounds for the denial or revocation of a permit.