NY Env Conserv L § 27-1103 (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 27-1103 - Criteria for Siting Industrial Hazardous Waste Treatment, Storage and Disposal Facilities.

§ 27-1103. Criteria  for  siting  industrial  hazardous waste treatment,storage and disposal facilities.1. The commissioner shall, after  investigation  and  opportunity  for   public comment, within one year from the effective date of this section,   publish  criteria  for  siting  industrial  hazardous  waste  treatment,   storage and disposal facilities. Such siting criteria shall be  designed   to  insure the maximum safety of the public from hazards associated with   treatment, storage, and disposal of hazardous wastes.  The  commissioner   shall  also  within  one  year  from  such effective date adopt criteria   prescribing the form and content of applications for  a  certificate  of   environmental  safety  and  public  necessity to construct an industrial   hazardous waste treatment, storage and disposal facility.2. The criteria issued pursuant to subdivision one of this section for   the siting of industrial hazardous waste treatment, storage and disposal   facilities shall take into account, among other factors:a. The consistency of the application with the plan  adopted  pursuant   to section 27-1102 of this title,b. The density of population in areas neighboring such facility,c.  The  density of population in areas adjacent to delivery routes to   such facility,d. The risk of accident during the transportation of hazardous wastes,e. The risk of contamination of ground and surface waters by  leaching   and runoff from such facility,f.  The risk of fires or explosions from improper storage and disposal   methods,g. The impact on the municipality where the facility is to be cited in   terms of health, safety,  cost  and  consistency  with  local  planning,   zoning or land use laws and ordinances,h.   The  nature  of  the  probable  environmental  impact,  including   specification  of  the  predictable  adverse  effects  on  the   natural   environment  and  ecology,  public  health and safety, scenic, historic,   cultural and recreational value, water and air quality, wildlife and  an   evaluation of measures to mitigate adverse effects, andi.  The  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.3. The criteria issued by the commissioner pursuant to subdivision one   of this section prescribing the form of an application for a certificate   of environmental safety and public necessity to construct an  industrial   hazardous  waste  treatment, storage and disposal facility shall require   the applicant to supply detailed information regarding:a. The location of the proposed facility,b. A description of the design and capacity of the facility,c. The expected sources of hazardous  wastes  for  the  facility,  the   proposed  methods  of transporting such wastes to and from the facility,   and the routes which deliveries will traverse,d. The need for the facility,e. The environmental impacts of the proposed facility,f. A description of reasonable alternative locations for the  proposed   facility, andg.  Such  other  information as the commissioner shall prescribe as to   whether the proposed facility  is  necessary  and  compatible  with  the   surrounding  environment  and  with  the  health,  safety and welfare of   neighboring populations.