NY Env Conserv L § 27-0707 (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 27-0707 - Permits for New Solid Waste Management Facilities.

§ 27-0707. Permits for new solid waste management facilities.   1.  On  and  after  the  effective  date  of  the  initial  rules  and regulations of the department promulgated pursuant to subdivision one of section 27-0703, no person  shall  commence  operation,  including  site preparation  and  construction, of a new solid waste management facility until such person has obtained a permit pursuant to this title.   2. The rules and regulations adopted by the  department  to  implement this  article  and the provisions of article seventy of this chapter and rules  and  regulations   adopted   thereunder   shall   govern   permit applications, renewals, modifications, suspensions and revocations under this article. The administration of such permit applications shall be in accordance with article eight of this chapter. The rules and regulations adopted  by the department to implement this article shall specify, at a minimum:   a. that an application for a permit to construct, or to renew a permit to operate, a solid waste management  facility  shall  not  be  complete unless  the  application  includes  a  description  of  how the proposed facility is consistent with the  state  solid  waste  management  policy identified under section 27-0106 of this article.   b.  that  on  or  after  April  first,  nineteen hundred ninety-one an application for a permit to construct a solid waste management  facility made  by  or on behalf of a municipality in a planning unit shall not be complete until a local solid waste management plan which contains all of the elements set forth in paragraph b  of  subdivision  one  of  section 27-0107  of  this  article is in effect for such municipality; provided, however, that this requirement may be waived by the commissioner  for  a permit  to  construct a solid waste management facility designed for the treatment, storage or disposal of sewage sludge and needed  to implement a project described in subparagraph one of paragraph (c) of  subdivision three  of  section  ninety-seven-m  of  the  state finance law that will expedite compliance with the Ocean Dumping Ban Act of  1988.    For  any such  permit  application  submitted  by  a  municipality prior to April first, nineteen hundred ninety-one, the department shall, upon  issuance of  a  permit,  require  as  a permit condition that the municipality or planning unit of which it is a part have in effect a local  solid  waste management  plan  which  contains  all  of  the  elements  set  forth in paragraph b of subdivision one of section 27-0107 of this article  by  a date  certain,  which  shall  be  no  sooner  than April first, nineteen hundred ninety-one, unless otherwise agreed  by  the  municipality,  and which  shall  be no later than April first, nineteen hundred ninety-two. For any such permit application submitted on behalf  of  a  municipality prior  to April first, nineteen hundred ninety-one, the department shall require as a permit condition that the proposed solid  waste  management facility shall be prohibited from accepting waste from such municipality by  a  date certain, which shall be no sooner than April first, nineteen hundred ninety-one and no  later  than  April  first,  nineteen  hundred ninety-two, unless such municipality or the planning unit of which it is a  part has in effect a local solid waste management plan which contains all of the elements set forth in  paragraph  b  of  subdivision  one  of section  27-0107  of  this  article.  For  purposes  of  this paragraph, "planning unit" shall have the same meaning as set forth in  subdivision one of section 27-0107 of this article.   c. that a permit will be issued only if:  (1)  the  proposed  facility  will  be  in  full  compliance  with the applicable rules and regulations in effect on the date of submission  of the permit application; and  (2)  there  has  been  opportunity  for  public  review and comment at relevant stages of the project planning process; and  (3) a determination has been made that the proposed facility will  not result  in  unfair competition between municipalities and scrap dealers, processors and consumers; and  (4)  the applicant has received or will receive the written opinion of counsel to each muncipality or public authority which has entered into a contract, lease or rental agreement with the proposed facility that such contract, lease or rental agreement is in compliance with the applicable requirements of sections one hundred one,  one  hundred  three  and  one hundred twenty-w of the general municipal law.   2-a.  No  exemption from the permit requirements imposed by this title shall be allowed for the establishment of a new solid  waste  management facility  for the disposal of nonputrescible construction and demolition debris  when  such  facility  will  be  used  for  the   deposition   of construction  and demolition debris from an offsite source when a fee or any other form of consideration is required for the privilege  of  using the facility for the disposal of construction and demolition debris.   2-b.  The  department  of environmental conservation shall not issue a permit to construct or a permit to operate a facility in  Nassau  county to  process  sewage sludge into a pellet-like product unless and until a full environmental review of the proposed facility has  been  conducted, including  but  not  limited  to  full consideration of the impacts such facility may have upon the proximity of  schools,  churches,  hospitals, residences,  commercial districts to such facility; ambient air quality, traffic, community character and growth patterns, local  aesthetics  and economics,  and  public  health  and  safety  in  the  vicinity  of such facility; and unless and until all relevant adverse  impacts  identified through  the  review  process  have  been addressed by the applicant and avoided as  necessary  to  protect  the  public  health  and  safety  of residents and others residing and/or working in the vicinity of any such proposed  facility. The department shall conduct a minimum of one public hearing in Nassau county, as a part of such full environmental review of the proposed facility.   2-c. No permit for a solid waste management facility shall  be  issued for  a  facility  located  on  land  in agricultural production which is located  within  an  agricultural  district,  or  land  in  agricultural production   that   qualifies  for  and  is  receiving  an  agricultural assessment pursuant to section three hundred six of the agriculture  and markets  law.  Nothing  contained  herein,  however,  shall be deemed to prohibit the issuance of such permit after  appropriate  review  by  the department when:   a.  the  owner of such land has entered into a written agreement which shall indicate his consent for site consideration; or   b. the applicant for the permit has made a commitment  in  the  permit application  to fund a farm land protection conservation easement within a reasonable proximity to the proposed project in  an  amount  not  less than the dollar value of any such farm land purchased; or   c.   the   commissioner   of   agriculture  and  markets  has  made  a determination and the commissioner concurs that the agricultural land to be taken constitutes less than five percent of the project site.   For purposes of this subdivision, "solid  waste  management  facility" shall  have  the  same  meaning as provided in this title, but shall not include solid waste transfer stations, or land upon which sewage  sludge is   applied,   and   determinations   regarding  agricultural  district boundaries and agricultural assessments will be based on those in effect as of the date and initial determination is made,  pursuant  to  article eight  of  this chapter, as to whether an environmental impact statement needs to be prepared for the proposed project.    3. Where a permit for a  solid  waste  management  facility  has  been granted,   the   commissioner  may  upon  request  make  available  such department personnel and expertise as may be needed to inform the public as to the nature of the facility which has been granted  a  permit,  the nature  of  the  facility  operations  authorized by the permit, and the effect of the permit conditions, if any, which are imposed in connection with the permit.   4. Where the  commissioner  denies  a  permit  application,  he  shall provide  to  the  applicant  a written statement of the reasons for this determination.   5. Receipt of a permit pursuant to this section shall not relieve  any person  of  the  responsibility  of  constructing  such facility in full compliance  with  any  applicable  laws,  rules  or  regulations  or  of operating  the  facility  in  full  compliance with all applicable laws, rules and regulations, including rules and regulations of the department promulgated pursuant to subdivision one of section  27-0703  and  taking effect after the date application was made to the department.   6.  Nothing  herein  shall relieve any person of the responsibility of fully  complying  with  all  applicable  laws,  rules  and  regulations, including   regulations  of  the  department,  promulgated  pursuant  to subdivision one of section 27-0703, in the operation of  a  solid  waste management  facility  not  subject to the department's review under this section.   7. Notwithstanding any provision of law or order to the  contrary,  no permit  to  construct  and/or  operate a solid waste management facility shall be issued for any incinerator for which a permit  application  was deemed  complete  by the department before April first, nineteen hundred eighty-six and for which no such permit was  issued  by  the  department before April first, nineteen hundred ninety-six. For the purpose of this subdivision,  the term "incinerator" shall mean an enclosed device using controlled  flame  combustion,  the  primary  purpose  of  which  is  to thermally   break  down  solid,  liquid  or  gaseous  wastes,  including refuse-derived fuel,  producing  residue  that  contains  little  or  no combustible materials.