NY Env Conserv L § 27-1102 (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 27-1102 - Hazardous Waste Disposal Capacity Assurances and Statewide Hazardous Waste Facility Siting Plan.

§ 27-1102. Hazardous  waste  disposal  capacity assurances and statewidehazardous waste facility siting plan.1. The department shall immediately begin preparation of  a  statewide   hazardous  waste  facility siting plan to establish a framework to guide   state agencies and authorities and the facility siting board established   pursuant to section 27-1105 of this title  in  the  discharge  of  their   responsibilities  and to assure the availability of industrial hazardous   waste treatment, storage and disposal facilities which:a. have adequate capacity for the  destruction,  treatment  or  secure   disposition  of  all hazardous wastes that are reasonably expected to be   generated within the state in the next twenty years;b. are within the state or outside the state  in  accordance  with  an   interstate agreement or regional agreement or authority;c.  comply  with  all  federal  and  state requirements governing such   facilities; andd. comply with the  preferred  hazardous  waste  management  practices   hierarchy established pursuant to section 27-0105 of this article.2. The plan shall include but not be limited to:a.  an  inventory and appraisal including the identification, location   and life expectancy of all industrial hazardous waste treatment, storage   and disposal facilities located within the state.b. a compilation and analysis of  existing  inventories,  reports  and   studies of the sources, composition and quantity of industrial hazardous   waste  generated  within  the  state  and of existing programs for waste   reduction, recycling and reuse.c. long-range projections of at least twenty years of the amounts  and   composition  of hazardous waste which will be generated within the state   and, to the extent feasible, in neighboring states.d. a schedule for  phasing  out  land  disposal,  other  than  treated   residuals  in  compliance with the policy established in section 27-0105   of this article.e. the identification, if appropriate, of areas  of  the  state  which   have compatible hazardous waste generation streams and similar interests   in  providing  regional hazardous waste management and disposal capacity   to primarily service such areas.f. a determination of the number, size, type and location by  area  of   the  state  of  new  or  expanded  industrial hazardous waste treatment,   storage and disposal facilities which will  be  needed  for  the  proper   long-term  management  of hazardous waste consistent with the assurances   required pursuant to subdivision one of this section  and  an  equitable   geographic distribution of facilities.g.  an  analysis  of transportation routes and transportation risk and   costs  from  industrial  hazardous  waste  generators  to  existing   or   potentially  suitable  sites  for  industrial hazardous waste treatment,   storage and disposal facilities.h. recommendations on regional and statewide coordination  of  methods   and procedures to encourage cooperative treatment, storage, disposal and   transportation  of  industrial  hazardous waste and other such hazardous   waste management methods.i.  recommendations  on  procedures  for  periodically  updating   the   statewide   hazardous   waste   facility  siting  plan  and  for  future   coordination of hazardous waste management and planning  on  a  regional   basis.3.  The department shall prepare and adopt a draft statewide hazardous   waste facility siting plan within six months after the effective date of   this section.4. Upon completion of the draft plan, the  department  shall  make  it   available to all interested persons. The department shall publicize such    plan and solicit comments. The department shall hold at least one public   hearing  within  each region of the state to review and solicit comments   on the draft plan.5.  Within twelve months after the effective date of this section, the   department shall have completed public hearings on the  draft  plan  and   shall  have  considered  comments  and  shall make such revisions to the   draft plan as it deems necessary or appropriate.  The  department  shall   make  the  revised  plan  available  to all interested persons and shall   solicit comments and hold public hearings on the revised plan.6. Within fifteen months after the effective date of this section, the   department shall make any final  revisions  as  it  deems  necessary  or   appropriate and adopt the plan. The adopted plan shall be transmitted to   the  governor  and  the legislature and made available to all interested   parties.7.  Upon  adoption  of  the  plan  the  department  shall  immediately   establish a schedule for siting any new or expanded industrial hazardous   waste  treatment, storage or disposal facilities identified as necessary   in such plan.