§ 27-0103 — State solid waste management plan

New York § 27-0103

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 1: Solid and Hazardous Waste Management Policy and Planning
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-0103. State solid waste management plan.\n 1. For the purposes of this article, the department is designated as\nthe official state agency with the responsibility for preparing and\nupdating the New York state solid waste management plan (hereinafter\nreferred to as the "plan") consistent with the state resource recovery\npolicies declared in the New York state resource recovery policy act,\nwith this title, with titles five and seven of this article, and with\nthe federal "Resource Conservation and Recovery Act of 1976" and\namendments thereto.\n 2. The commissioner shall biennially review the status of programs and\ninformation contained within the plan and make recommendations for\nlegislation or other state action related to:\n (a) comprehensive procurement policies applicable to state agencies\nand public authorities which will give maximum feasible encouragement to\nthe procurement of products manufactured with stated levels of secondary\nmaterials;\n (b) incentives for developing and expanding markets for promoting the\nreturn of secondary materials and other recovered resources to\nproductive use; and\n (c) analysis of packaging and other various components of the waste\nstream to propose changes which will conserve energy and reduce solid\nwaste generation.\n In making such recommendations and reviewing said plans the\ncommissioner shall take into account sound principles of solid waste\nmanagement and relevant considerations of natural resources\nconservation, energy production and employment creating opportunities\nand shall further take into account any relevant changes in federal and\nstate laws, any local solid waste management plans developed pursuant to\nsection 27-0107 of this article, and the experience of agencies, local\ngovernments, private industry, the public and the results of the public\nparticipation contemplated by the United States Environmental Protection\nAgency's Guidelines for Public Participation in Programs under the\nResource Conservation and Recovery Act (40 CFR Part 25). On the basis of\nthat review, the commissioner shall modify the plan, as appropriate,\nand, not later than March thirty-first of every other year, shall file\nsuch modified plan with the governor and the legislature.\n 3. Amendments to the plan shall assure current attention to:\n (a) an identification of the boundaries of those regions within the\nstate which, as a result of urban concentration, geographic conditions,\nsecondary materials markets, technological feasibility, and other\nfactors, are appropriate for carrying out regional solid waste\nmanagement;\n (b) identification of which solid waste functions will be planned for\nand carried out by which local authorities, regional authorities, state\nauthorities, agencies and public benefit corporations, giving due\nconsideration to the compatibility of the planning and implementing\nfunctions which can be combined at the local level;\n (c) identification of local, regional and state authorities and\nagencies which shall have responsibility for the solid waste functions\nidentified in the plan which shall be managed and carried out by or on\nbehalf of such entities or any combination thereof, giving due\nconsideration to the compatibility of the planning and implementing\nfunctions which can be combined at the local level;\n (c-1) identification of strategies, programs and practices, in\nconsultation with the commissioner of the office of general services, to\nbe undertaken by the state in the management of solid waste generated by\nstate agencies, to ensure the attainment by the state of statewide solid\nwaste reduction and recycling goals established in the plan. Using\ninformation obtained from individual state agencies, the plan shall set\nforth dates by which the state of New York as a generator of solid waste\nis to recover progressively increasing amounts of recyclable materials\nfrom its waste stream and attain a reduction in its waste stream,\nconsistent with the statewide waste reduction and recycling goals\nidentified in the plan.\n (d) identification of the environmental impacts including, but not\nlimited to, air or water pollution, or the generation of hazardous waste\nresulting from the utilization of solid waste management technologies;\n (e) identification and projections of changes in the waste stream that\nare likely to occur during the useful life of a proposed facility, on a\nstatewide and regional basis, during the projected planning period;\n (f) the status of solid waste management activities and capacity, and\nprojected special needs within the state;\n (g) an assessment of future programs and resource needs to effectuate\nthe purposes of such plan;\n (h) an assessment of alternative resource recovery practices including\nbut not limited to source separation, waste volume reduction, community\nrecycling centers and sanitary landfill or other environmentally sound\ndisposal manner or practice;\n (i) any local solid waste management plan submitted to the\ncommissioner by or on behalf of any municipality;\n (j) legislative recommendations appropriate to effectuate the purposes\nof this title; and\n (k) any other recommendations as may be appropriate.\n 4. In the case of any region which, pursuant to the federal "Resource\nConservation and Recovery Act of 1976", would be located in two or more\nstates, the commissioner shall include in the plan an identification of\nsuch regions and the function to be performed thereby and shall submit\nto the governor and the legislature recommendations for the development\nand enactment of the interstate agreements necessary to carry out the\npurposes of this article.\n 5. In connection with developing and updating the plan, the\ncommissioner may request and shall receive from any department,\ndivision, board, bureau, commission or other agency of the state or any\npolitical subdivision thereof or any public authority such assistance\nand data as may be reasonably necessary to enable the commissioner to\ncarry out his responsibilities under this section. In making such\nrequest, the commissioner shall consult and cooperate with such\nmunicipality or other public body to ensure against unnecessary\nduplication of effort or other administrative inefficiency.\n