New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 377 - Siting of Industrial Hazardous Waste Facilities › Section 377.7 - Facility siting criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
The board in making its determination to grant, conditionally
					 or otherwise, or to deny a certificate shall consider the criteria listed in
					 subdivision (b) of this section. The specific criteria set forth in subdivision
					 (b) of this section each relate three distinct situations relative to such
					 criteria. Situation (1) is considered to be the most favorable with respect to
					 siting requirements, situation (2) is considered less favorable and situation (3)
					 is considered least favorable.
(b)
Criteria.
(1) Population density in the vicinity of the
				  proposed site.
(i) General considerations. The
				  board shall focus its inquiry on the current population density in areas adjacent
				  to the proposed site and on population projections for such areas. Population
				  density within 0.5 mile of the proposed site boundary shall be the prime
				  consideration unless specific conditions unique to a particular site dictate
				  otherwise. The population density range examples included below are appropriate
				  for a major high technology hazardous waste management facility utilizing a
				  comprehensive arrangement of storage, treatment and disposal technologies such as
				  recycling, incineration, detoxification and solidification/land burial. This
				  hypothetical facility would have an approximate annual treatment capacity of 25
				  million gallons or more of hazardous wastes and would represent a situation where
				  potentially significant impacts have been identified which may adversely affect
				  populations immediately adjacent to the site boundary. On the other hand,
				  considerably greater population density ranges would be appropriate for the most
				  favorable, less favorable and least favorable situations in the case of another
				  hypothetical hazardous waste management facility which is to handle substantially
				  smaller volumes of wastes, and as a result of the nature of the facility, its
				  operation would pose a relatively small potential hazard to adjacent
				  populations.
(ii) Specific criteria.
(a) The residential and nonresidential
				  population within 0.5 mile of the site boundary.
(1) The population density is very low
				  (
e.g.,
less than 150 persons per square mile).
(2) The population density is moderate
				  (
e.g.,
in a range of 150 - 400 persons per square
				  mile).
(3) The population density is
				  high (
e.g.,
greater than 400 persons per square mile).
(b) The projected
				  population and the rate of growth for the area within 0.5 mile of the site
				  boundary during the 20-year period following initial site operation.
(1) The population is not expected to
				  increase.
(2) The population is
				  expected to increase above current levels at a rate less than the rate forecasted
				  for the county in which the site is located.
(3) The population is expected to increase
				  above current levels at a rate greater than the rate forecasted for the county in
				  which the site is located.