NY Env Conserv L § 27-0107 (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 27-0107 - Local Solid Waste Management Plans; Purpose and Scope.

§ 27-0107. Local solid waste management plans; purpose and scope.   1. Purpose and scope. (a) A planning unit may undertake and complete a timely  process  leading to a local solid waste management plan for such unit for at least a ten-year period. For purposes of  this  section  and section  27-0109  of  this article, "planning unit" shall mean a county, two or more counties  acting  jointly,  a  local  government  agency  or authority established pursuant to state law for the purposes of managing solid  waste,  any  city located in the county of Nassau, or two or more other municipalities which the department determines to  be  capable  of implementing a regional solid waste management program.  (b) The local solid waste management plan shall:  (i)  characterize the solid waste stream to be managed in the planning period and methods  to  increase  waste  diversion  including,  but  not limited to recycling and composting;  (ii)  assess  existing  and  alternate proposed solid waste management programs and facilities;  (iii) address to the maximum extent practicable the comments and views expressed  by  concerned  governmental,  environmental,  commercial  and industrial  interests  and the public on the waste reduction, recycling, reuse and disposal alternatives;  (iv) identify  the  parties  with  responsibility  to  implement  each element of the plan and the steps which must be undertaken by each;  (v) set forth a timetable for implementing the plan;  (vi) describe the participation in the preparation of the plan of each municipality which has chosen to participate in such preparation; and  (vii)   describe   (A)   measures  undertaken  by  the  municipalities participating  in  the  planning  unit  to   secure   participation   of neighboring  jurisdictions,  (B) the limitations, if any, imposed by the proposed plan on solid waste management alternatives available  to  such neighboring jurisdictions, and (C) alternatives which would be available if a local solid waste management plan including such jurisdictions were prepared.   Specific   written  suggestions  received  from  neighboring jurisdictions shall be summarized and reflected in the plan.  (c) Such plan shall take into account  the  objectives  of  the  state solid  waste  management  policy,  provide  for  or  take  into  account management of all solid waste within the planning unit, and  embody,  as may be appropriate to the circumstances, sound principles of solid waste management,  natural  resources  conservation,  energy  production,  and employment creating opportunities.  (d) Such plan is authorized to  include  and  shall  utilize,  to  the extent  practicable,  prepared resource materials or generic analyses so as to minimize the development and use of original data  to  degrees  of detail not pertinent to the circumstances.  (e)  A  plan  may be submitted to the department by a planning unit on its  own  initiative  or  upon  the   request   of   the   participating municipalities.  The  department  shall  review such plan and advise the planning unit that:  (i) the plan contains the elements set forth in paragraph (b) of  this subdivision.  Thereafter  such  plan  shall become the local solid waste management plan in effect for such municipalities; or  (ii) the plan as submitted does not contain the elements set forth  in paragraph  (b)  of  this  subdivision.  The  department  shall state the reasons for its determination under this subparagraph.  (f) For purposes of this subdivision, the department shall  not  serve as  lead  agency as defined in subdivision six of section 8-0111 of this chapter.  (g) For purposes of this section, "solid waste" shall  have  the  same meaning  as  is  found  in  subdivision  one  of section 27-0701 of this  article, but shall not include source,  special  nuclear  or  by-product material  as  defined  in  the atomic energy act of 1954, as amended, or hazardous  waste  which  appears  on   the   list   or   satisfies   the characteristics  of  hazardous  waste  promulgated  pursuant  to section 27-0903 of this article or, low level radioactive waste  as  defined  in section 29-0101 of this chapter.   2. The department shall promulgate rules and regulations in accordance with  the  provisions  of the state administrative procedure act for the implementation of this section and section 27-0109 of this article.