§ 27-0707 — Permits for new solid waste management facilities

New York § 27-0707

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 7: Solid Waste Management and Resource Recovery Facilities
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-0707. Permits for new solid waste management facilities.\n 1. On and after the effective date of the initial rules and\nregulations of the department promulgated pursuant to subdivision one of\nsection 27-0703, no person shall commence operation, including site\npreparation and construction, of a new solid waste management facility\nuntil such person has obtained a permit pursuant to this title.\n 2. The rules and regulations adopted by the department to implement\nthis article and the provisions of article seventy of this chapter and\nrules and regulations adopted thereunder shall govern permit\napplications, renewals, modifications, suspensions and revocations under\nthis article. The administration of such permit applications shall be in\naccordance with article eight of this chapter. The rules and regulations\nadopted by the department to implement this article shall specify, at a\nminimum:\n a. that an application for a permit to construct, or to renew a permit\nto operate, a solid waste management facility shall not be complete\nunless the application includes a description of how the proposed\nfacility is consistent with the state solid waste management policy\nidentified under section 27-0106 of this article.\n b. that on or after April first, nineteen hundred ninety-one an\napplication for a permit to construct a solid waste management facility\nmade by or on behalf of a municipality in a planning unit shall not be\ncomplete until a local solid waste management plan which contains all of\nthe elements set forth in paragraph b of subdivision one of section\n27-0107 of this article is in effect for such municipality; provided,\nhowever, that this requirement may be waived by the commissioner for a\npermit to construct a solid waste management facility designed for the\ntreatment, storage or disposal of sewage sludge and needed to implement\na project described in subparagraph one of paragraph (c) of subdivision\nthree of section ninety-seven-m of the state finance law that will\nexpedite compliance with the Ocean Dumping Ban Act of 1988. For any\nsuch permit application submitted by a municipality prior to April\nfirst, nineteen hundred ninety-one, the department shall, upon issuance\nof a permit, require as a permit condition that the municipality or\nplanning unit of which it is a part have in effect a local solid waste\nmanagement plan which contains all of the elements set forth in\nparagraph b of subdivision one of section 27-0107 of this article by a\ndate certain, which shall be no sooner than April first, nineteen\nhundred ninety-one, unless otherwise agreed by the municipality, and\nwhich shall be no later than April first, nineteen hundred ninety-two.\nFor any such permit application submitted on behalf of a municipality\nprior to April first, nineteen hundred ninety-one, the department shall\nrequire as a permit condition that the proposed solid waste management\nfacility shall be prohibited from accepting waste from such municipality\nby a date certain, which shall be no sooner than April first, nineteen\nhundred ninety-one and no later than April first, nineteen hundred\nninety-two, unless such municipality or the planning unit of which it is\na part has in effect a local solid waste management plan which contains\nall of the elements set forth in paragraph b of subdivision one of\nsection 27-0107 of this article. For purposes of this paragraph,\n"planning unit" shall have the same meaning as set forth in subdivision\none of section 27-0107 of this article.\n c. that a permit will be issued only if:\n (1) the proposed facility will be in full compliance with the\napplicable rules and regulations in effect on the date of submission of\nthe permit application; and\n (2) there has been opportunity for public review and comment at\nrelevant stages of the project planning process; and\n (3) a determination has been made that the proposed facility will not\nresult in unfair competition between municipalities and scrap dealers,\nprocessors and consumers; and\n (4) the applicant has received or will receive the written opinion of\ncounsel to each muncipality or public authority which has entered into a\ncontract, lease or rental agreement with the proposed facility that such\ncontract, lease or rental agreement is in compliance with the applicable\nrequirements of sections one hundred one, one hundred three and one\nhundred twenty-w of the general municipal law.\n 2-a. No exemption from the permit requirements imposed by this title\nshall be allowed for the establishment of a new solid waste management\nfacility for the disposal of nonputrescible construction and demolition\ndebris when such facility will be used for the deposition of\nconstruction and demolition debris from an offsite source when a fee or\nany other form of consideration is required for the privilege of using\nthe facility for the disposal of construction and demolition debris.\n 2-b. The department of environmental conservation shall not issue a\npermit to construct or a permit to operate a facility in Nassau county\nto process sewage sludge into a pellet-like product unless and until a\nfull environmental review of the proposed facility has been conducted,\nincluding but not limited to full consideration of the impacts such\nfacility may have upon the proximity of schools, churches, hospitals,\nresidences, commercial districts to such facility; ambient air quality,\ntraffic, community character and growth patterns, local aesthetics and\neconomics, and public health and safety in the vicinity of such\nfacility; and unless and until all relevant adverse impacts identified\nthrough the review process have been addressed by the applicant and\navoided as necessary to protect the public health and safety of\nresidents and others residing and/or working in the vicinity of any such\nproposed facility. The department shall conduct a minimum of one public\nhearing in Nassau county, as a part of such full environmental review of\nthe proposed facility.\n 2-c. No permit for a solid waste management facility shall be issued\nfor a facility located on land in agricultural production which is\nlocated within an agricultural district, or land in agricultural\nproduction that qualifies for and is receiving an agricultural\nassessment pursuant to section three hundred six of the agriculture and\nmarkets law. Nothing contained herein, however, shall be deemed to\nprohibit the issuance of such permit after appropriate review by the\ndepartment when:\n a. the owner of such land has entered into a written agreement which\nshall indicate his consent for site consideration; or\n b. the applicant for the permit has made a commitment in the permit\napplication to fund a farm land protection conservation easement within\na reasonable proximity to the proposed project in an amount not less\nthan the dollar value of any such farm land purchased; or\n c. the commissioner of agriculture and markets has made a\ndetermination and the commissioner concurs that the agricultural land to\nbe taken constitutes less than five percent of the project site.\n For purposes of this subdivision, "solid waste management facility"\nshall have the same meaning as provided in this title, but shall not\ninclude solid waste transfer stations, or land upon which sewage sludge\nis applied, and determinations regarding agricultural district\nboundaries and agricultural assessments will be based on those in effect\nas of the date and initial determination is made, pursuant to article\neight of this chapter, as to whether an environmental impact statement\nneeds to be prepared for the proposed project.\n 3. Where a permit for a solid waste management facility has been\ngranted, the commissioner may upon request make available such\ndepartment personnel and expertise as may be needed to inform the public\nas to the nature of the facility which has been granted a permit, the\nnature of the facility operations authorized by the permit, and the\neffect of the permit conditions, if any, which are imposed in connection\nwith the permit.\n 4. Where the commissioner denies a permit application, he shall\nprovide to the applicant a written statement of the reasons for this\ndetermination.\n 5. Receipt of a permit pursuant to this section shall not relieve any\nperson of the responsibility of constructing such facility in full\ncompliance with any applicable laws, rules or regulations or of\noperating the facility in full compliance with all applicable laws,\nrules and regulations, including rules and regulations of the department\npromulgated pursuant to subdivision one of section 27-0703 and taking\neffect after the date application was made to the department.\n 6. Nothing herein shall relieve any person of the responsibility of\nfully complying with all applicable laws, rules and regulations,\nincluding regulations of the department, promulgated pursuant to\nsubdivision one of section 27-0703, in the operation of a solid waste\nmanagement facility not subject to the department's review under this\nsection.\n 7. Notwithstanding any provision of law or order to the contrary, no\npermit to construct and/or operate a solid waste management facility\nshall be issued for any incinerator for which a permit application was\ndeemed complete by the department before April first, nineteen hundred\neighty-six and for which no such permit was issued by the department\nbefore April first, nineteen hundred ninety-six. For the purpose of this\nsubdivision, the term "incinerator" shall mean an enclosed device using\ncontrolled flame combustion, the primary purpose of which is to\nthermally break down solid, liquid or gaseous wastes, including\nrefuse-derived fuel, producing residue that contains little or no\ncombustible materials.\n