2023 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.