2023 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 statewide
hazardous 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; and
d. 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.