§ 27-0107 — Local solid waste management plans; purpose and scope

New York § 27-0107

• 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

§ 27-0107. Local solid waste management plans; purpose and scope.\n 1. Purpose and scope. (a) A planning unit may undertake and complete a\ntimely process leading to a local solid waste management plan for such\nunit for at least a ten-year period. For purposes of this section and\nsection 27-0109 of this article, "planning unit" shall mean a county,\ntwo or more counties acting jointly, a local government agency or\nauthority established pursuant to state law for the purposes of managing\nsolid waste, any city located in the county of Nassau, or two or more\nother municipalities which the department determines to be capable of\nimplementing a regional solid waste management program.\n (b) The local solid waste management plan shall:\n (i) characterize the solid waste stream to be managed in the planning\nperiod and methods to increase waste diversion including, but not\nlimited to recycling and composting;\n (ii) assess existing and alternate proposed solid waste management\nprograms and facilities;\n (iii) address to the maximum extent practicable the comments and views\nexpressed by concerned governmental, environmental, commercial and\nindustrial interests and the public on the waste reduction, recycling,\nreuse and disposal alternatives;\n (iv) identify the parties with responsibility to implement each\nelement of the plan and the steps which must be undertaken by each;\n (v) set forth a timetable for implementing the plan;\n (vi) describe the participation in the preparation of the plan of each\nmunicipality which has chosen to participate in such preparation; and\n (vii) describe (A) measures undertaken by the municipalities\nparticipating in the planning unit to secure participation of\nneighboring jurisdictions, (B) the limitations, if any, imposed by the\nproposed plan on solid waste management alternatives available to such\nneighboring jurisdictions, and (C) alternatives which would be available\nif a local solid waste management plan including such jurisdictions were\nprepared. Specific written suggestions received from neighboring\njurisdictions shall be summarized and reflected in the plan.\n (c) Such plan shall take into account the objectives of the state\nsolid waste management policy, provide for or take into account\nmanagement of all solid waste within the planning unit, and embody, as\nmay be appropriate to the circumstances, sound principles of solid waste\nmanagement, natural resources conservation, energy production, and\nemployment creating opportunities.\n (d) Such plan is authorized to include and shall utilize, to the\nextent practicable, prepared resource materials or generic analyses so\nas to minimize the development and use of original data to degrees of\ndetail not pertinent to the circumstances.\n (e) A plan may be submitted to the department by a planning unit on\nits own initiative or upon the request of the participating\nmunicipalities. The department shall review such plan and advise the\nplanning unit that:\n (i) the plan contains the elements set forth in paragraph (b) of this\nsubdivision. Thereafter such plan shall become the local solid waste\nmanagement plan in effect for such municipalities; or\n (ii) the plan as submitted does not contain the elements set forth in\nparagraph (b) of this subdivision. The department shall state the\nreasons for its determination under this subparagraph.\n (f) For purposes of this subdivision, the department shall not serve\nas lead agency as defined in subdivision six of section 8-0111 of this\nchapter.\n (g) For purposes of this section, "solid waste" shall have the same\nmeaning as is found in subdivision one of section 27-0701 of this\narticle, but shall not include source, special nuclear or by-product\nmaterial as defined in the atomic energy act of 1954, as amended, or\nhazardous waste which appears on the list or satisfies the\ncharacteristics of hazardous waste promulgated pursuant to section\n27-0903 of this article or, low level radioactive waste as defined in\nsection 29-0101 of this chapter.\n 2. The department shall promulgate rules and regulations in accordance\nwith the provisions of the state administrative procedure act for the\nimplementation of this section and section 27-0109 of this article.\n