NY Env Conserv L § 27-0103 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 1 - Solid and Hazardous Waste Management Policy and Planning 27-0103 - State Solid Waste Management Plan.

§ 27-0103. State solid waste management plan.   1.  For  the purposes of this article, the department is designated as the official state agency with  the  responsibility  for  preparing  and updating  the  New  York  state solid waste management plan (hereinafter referred to as the "plan") consistent with the state  resource  recovery policies  declared  in  the New York state resource recovery policy act, with this title, with titles five and seven of this  article,  and  with the  federal  "Resource  Conservation  and  Recovery  Act  of  1976" and amendments thereto.   2. The commissioner shall biennially review the status of programs and information contained within  the  plan  and  make  recommendations  for legislation or other state action related to:  (a)  comprehensive  procurement  policies applicable to state agencies and public authorities which will give maximum feasible encouragement to the procurement of products manufactured with stated levels of secondary materials;  (b) incentives for developing and expanding markets for promoting  the return   of   secondary  materials  and  other  recovered  resources  to productive use; and  (c) analysis of packaging and other various components  of  the  waste stream  to  propose  changes which will conserve energy and reduce solid waste generation.   In  making  such  recommendations  and  reviewing   said   plans   the commissioner  shall  take  into  account sound principles of solid waste management   and   relevant   considerations   of   natural    resources conservation,  energy  production  and employment creating opportunities and shall further take into account any relevant changes in federal  and state laws, any local solid waste management plans developed pursuant to section  27-0107  of this article, and the experience of agencies, local governments, private industry, the public and the results of the  public participation contemplated by the United States Environmental Protection Agency's  Guidelines  for  Public  Participation  in  Programs under the Resource Conservation and Recovery Act (40 CFR Part 25). On the basis of that review, the commissioner shall modify  the  plan,  as  appropriate, and,  not  later than March thirty-first of every other year, shall file such modified plan with the governor and the legislature.   3. Amendments to the plan shall assure current attention to:  (a) an identification of the boundaries of those  regions  within  the state  which, as a result of urban concentration, geographic conditions, secondary  materials  markets,  technological  feasibility,  and   other factors,   are   appropriate  for  carrying  out  regional  solid  waste management;  (b) identification of which solid waste functions will be planned  for and  carried out by which local authorities, regional authorities, state authorities,  agencies  and  public  benefit  corporations,  giving  due consideration  to  the  compatibility  of  the planning and implementing functions which can be combined at the local level;  (c) identification  of  local,  regional  and  state  authorities  and agencies  which  shall have responsibility for the solid waste functions identified in the plan which shall be managed and carried out by  or  on behalf   of  such  entities  or  any  combination  thereof,  giving  due consideration to the compatibility  of  the  planning  and  implementing functions which can be combined at the local level;  (c-1)   identification  of  strategies,  programs  and  practices,  in consultation with the commissioner of the office of general services, to be undertaken by the state in the management of solid waste generated by state agencies, to ensure the attainment by the state of statewide solid waste reduction and recycling  goals  established  in  the  plan.  Using  information  obtained from individual state agencies, the plan shall set forth dates by which the state of New York as a generator of solid waste is to recover progressively increasing amounts of  recyclable  materials from  its  waste  stream  and  attain  a  reduction in its waste stream, consistent with  the  statewide  waste  reduction  and  recycling  goals identified in the plan.  (d)  identification  of  the  environmental impacts including, but not limited to, air or water pollution, or the generation of hazardous waste resulting from the utilization of solid waste management technologies;  (e) identification and projections of changes in the waste stream that are likely to occur during the useful life of a proposed facility, on  a statewide and regional basis, during the projected planning period;  (f)  the status of solid waste management activities and capacity, and projected special needs within the state;  (g) an assessment of future programs and resource needs to  effectuate the purposes of such plan;  (h) an assessment of alternative resource recovery practices including but  not limited to source separation, waste volume reduction, community recycling centers and sanitary landfill or other  environmentally  sound disposal manner or practice;  (i)   any   local   solid  waste  management  plan  submitted  to  the commissioner by or on behalf of any municipality;  (j) legislative recommendations appropriate to effectuate the purposes of this title; and  (k) any other recommendations as may be appropriate.   4. In the case of any region which, pursuant to the federal  "Resource Conservation  and Recovery Act of 1976", would be located in two or more states, the commissioner shall include in the plan an identification  of such  regions  and the function to be performed thereby and shall submit to the governor and the legislature recommendations for the  development and  enactment  of  the interstate agreements necessary to carry out the purposes of this article.   5.  In  connection  with  developing  and  updating  the   plan,   the commissioner   may  request  and  shall  receive  from  any  department, division, board, bureau, commission or other agency of the state or  any political  subdivision  thereof  or any public authority such assistance and data as may be reasonably necessary to enable  the  commissioner  to carry  out  his  responsibilities  under  this  section.  In making such request,  the  commissioner  shall  consult  and  cooperate  with   such municipality   or  other  public  body  to  ensure  against  unnecessary duplication of effort or other administrative inefficiency.