§ 27-0912 — Land disposal of hazardous waste

§ 27-0912. Land disposal of hazardous waste.\n 1. The commissioner may promulgate rules and regulations restricting\nor prohibiting the land disposal of specified hazardous wastes which are\nidentified or listed pursuant to section 27-0903 of this title. Such\nrules and regulations may also restrict or prohibit the storage of any\nhazardous waste, or classes of hazardous wastes, which is restricted or\nprohibited from one or more methods of land disposal under this section\nunless such storage is solely for the purpose of the accumulation of\nsuch quantities of hazardous waste as are necessary to facilitate proper\nrecovery, treatment, or disposal.\n 2. The commissioner shall make a written determination of each such\nwaste or class of wastes for which land burial may not be adequately\nprotective of public health and the environment. In making any such\ndetermination, the commissioner shall take into account the following\nfactors:\n a. the long-term containment uncertainties associated with land\nburial, and\n b. characteristics of the hazardous waste which degrade containment\nmechanisms used in authorized hazardous waste land burial facilities,\nand\n c. the persistence, toxicity, mobility, and propensity to\nbio-accumulate of such hazardous wastes and their toxic constituents.\n 3. The commissioner may, upon application of any person, certify that\nany specifically identified or listed hazardous waste or class of wastes\nis exempt from a restriction or prohibition against land burial\nestablished in the rules and regulations promulgated pursuant to this\nsection. Such certification of exemption may be issued only in the event\nthe commissioner makes a written determination that it is not\npracticable, for the reasonably foreseeable future, to manage such\nwastes by any means other than land burial, when public health,\nenvironmental and economic factors are considered together.\nCertificates of exemptions shall be valid for a fixed term not to exceed\none year. Any such certificate of exemption shall be published in the\nenvironmental notice bulletin. Any request for a renewal, reissuance or\nrecertification of exemption shall be treated as an application for a\nnew certificate of exemption.\n 4. As used in this section, the term "land disposal" shall be deemed\nto include, but not be limited to, any placement of hazardous waste in a\nlandfill, surface impoundment, waste pile, injection well, land\ntreatment facility, salt dome formation, salt bed formation, or\nunderground mine or cave; and the term "land burial" means any placement\nof hazardous waste in or on land where the waste will remain after\nclosure. "Land burial" is a form of "land disposal".\n 5. Any rules and regulations, and any amendments thereof adopted\npursuant to the provisions of this section shall be subject to review\npursuant to article seventy-eight of the civil practice law and rules.\n