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 › 27-1103 - 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, and
i.  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, and
g.  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.