§ 27-0703 — Powers and duties of the department; solid waste management facilities

§ 27-0703. Powers and duties of the department; solid waste management\n facilities.\n 1. To the maximum extent feasible, the department shall carry out the\nprovisions of this title so as to facilitate short and long term\nplanning for solid waste disposal, to promote cooperation among\nneighboring localities in the planning and implementation of solid waste\nmanagement programs and facilities, and to facilitate implementation of\nsolutions to solid waste management problems confronted by localities.\n 2. The department shall have the power to: (a) Adopt and promulgate,\namend and repeal rules and regulations governing the operation of solid\nwaste management facilities. Such rules and regulations shall be\ndirected at the prevention or reduction of (i) water pollution, (ii) air\npollution, (iii) noise pollution, (iv) obnoxious odors, (v) unsightly\nconditions caused by uncontrolled release of litter, (vi) infestation of\nflies and vermin, and (vii) other conditions inimical to the public\nhealth, safety and welfare. In promulgating such rules and regulations,\nthe department shall give due regard to the economic and technological\nfeasibility of compliance therewith. Any rule or regulation promulgated\npursuant hereto may differ in its terms and provisions as between\nparticular types of solid waste management facilities and as between\nparticular areas of the state.\n (b) Provide technical assistance to municipalities and other persons\nengaged in solid waste management and provide training for proper\noperation of solid waste management facilities.\n (c) Cooperate with appropriate local, state, interstate and federal\nagencies to promote the operation of solid waste management facilities\nin a safe, sanitary, efficient and environmentally sound manner.\n 3. The department shall, in promulgating any new or revised rule or\nregulation, accompany such rule making with an environmental impact\nstatement or a written assessment stating the extent to or means by\nwhich such rule or regulation will prevent or reduce the factors\nidentified in subparagraphs (i) through (vii) of paragraph (a) of\nsubdivision two of this section.\n 4. Siting, design, construction, and operating requirements\nestablished pursuant to subdivision two of this section for solid waste\nmanagement facilities shall be embodied in rules and regulations of the\ndepartment promulgated pursuant to the state administrative procedure\nact.\n 5. The commissioner shall cause program plans to be prepared for all\nsolid waste management assistance programs of the department enacted or\nsubstantially modified by the solid waste management act of 1988 or\nhereafter enacted, for the program of funding small scale, low\ntechnology approaches to resource recovery pursuant to section 51-0905\nof this chapter, and for the local resource reuse and development\nprogram established by section 27-0405 of this article. Such plans shall\nbe consistent with the legislative intent and statutory authorization\nfor such programs. Program plans shall be derived from and shall be\nconsistent with the state solid waste management policy set forth in\nsection 27-0106 of this article. Such plans shall be transmitted to the\ntemporary president and the minority leader of the senate and the\nspeaker and the minority leader of the assembly within ninety days of\nthe effective date of this act or of the effective date of any statute\nauthorizing such program. Program plans shall describe the goals and\nobjectives of each program, operational priorities and administrative\nprocedures to be established in administering each program, shall guide\nthe development of operating procedures and administrative rules and\nregulations governing each program, shall set forth the manner in which\nthe program shall be coordinated with other solid waste management\nprograms and shall set forth a description of the operating\nrelationships with the department of environmental conservation, other\nrelevant agencies and authorities and regional and local public and\nprivate organizations.\n 6. Notwithstanding any other provision of law or rule or regulation to\nthe contrary, the owner or operator of a solid waste management facility\nengaged in the storage of one thousand or more waste tires in existence\non or after the effective date of this subdivision shall submit to the\ndepartment a completed application for a permit to continue to operate\nsuch facility, or cease operations and begin removal of the waste tires\nfrom the facility and dispose of or treat them in a lawful manner\npursuant to a removal plan approved by the department. The owner or\noperator must provide financial assurance to cover the cost of closure\nof the facility at its maximum capacity, in a form and amount acceptable\nto the department, before a permit will be issued. Any owner or operator\nwho obtained a permit pursuant to this subdivision before the effective\ndate of the waste tire management and recycling act of 2003 shall\nprovide such financial assurance within one hundred eighty days of the\neffective date of such act. Failure to provide or maintain financial\nassurance shall be grounds for the denial or revocation of a permit.\n