NY Env Conserv L § 27-1109 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 11 - Industrial Siting Hazardous Waste Facilities 27-1109 - State Siting Requirements.

§ 27-1109. State siting requirements.1.  Within  one  year  from  the  adoption  of the plan required to be   prepared pursuant  to  section  27-1102  of  this  title,  and  annually   thereafter,  the  department shall review the implementation of the plan   including  the  status  of  all  existing  facilities  and  all   permit   applications  for  new or expanded industrial hazardous waste treatment,   storage, or disposal facilities.2. If, upon completion of its annual review, the department finds that   existing facilities alone or in combination with one or more pending  or   approved  facility  permit  applications  are  sufficient  to  meet  the   schedule identified pursuant to subdivision eight of section 27-1102  of   this  title  the  department  shall  so  notify  the legislature and the   governor, in writing,  identifying  such  existing  facilities  and  new   facility  applications  pending or approved, and stating that no further   action is necessary on the part of the state.3. If, upon completion of its annual review, the department finds that   existing facilities alone or in combination with one or more pending  or   approved new facility permit applications are not sufficient to meet the   schedule  identified pursuant to subdivision eight of section 27-1102 of   this title, the department shall  so  notify  the  legislature  and  the   governor  in  writing identifying in such notice the specific facilities   needed to meet such schedule.4. Upon  such  finding  the  department  shall,  consistent  with  its   responsibilities  under  this  title, immediately undertake measures and   actions to assist any interested potential  industrial  hazardous  waste   treatment, storage and disposal facility owners and operators in finding   an  appropriate  site  or  sites,  and  shall  hold  public  hearings or   briefings  designed  to  encourage   and   facilitate   discussion   and   negotiations among such potential owners and operators and any potential   host community for any such facilities.5.  Within  six  months  of a finding pursuant to subdivision three of   this section, the department shall report in writing to the governor and   legislature  detailing  the  measures  and  actions  taken  pursuant  to   subdivision  four  of  this section and whether or not such actions have   resulted in the filing of facility  permit  applications  sufficient  to   meet  the  schedule  identified pursuant to subdivision eight of section   27-1102 of this title. If such  actions  and  measures  have  failed  to   result in filings sufficient to meet such schedule, the department shall   include   in   its   report   the  reasons  for  such  failure  and  its   recommendations on the actions necessary to meet such schedule including   a  determination  as  to  the  necessity  for  the  state  through   the   environmental  facilities  corporation under its existing powers or some   other mechanism  to  initiate  the  siting  and  construction  of  those   facilities necessary to meet such schedule.6.  Notwithstanding  any  other  provision  of  this  title, no new or   pending application for a disposal facility subject to  section  27-1105   of  this  title  shall  be  deemed  complete  until  the  department has   determined such application is consistent with the facility siting  plan   adopted pursuant to section 27-1102 of this title.