§ 27-1102 — Hazardous waste disposal capacity assurances and statewide hazardous waste facility siting plan

New York § 27-1102

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 11: Industrial Siting Hazardous Waste Facilities
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-1102. Hazardous waste disposal capacity assurances and statewide\n hazardous waste facility siting plan.\n 1. The department shall immediately begin preparation of a statewide\nhazardous waste facility siting plan to establish a framework to guide\nstate agencies and authorities and the facility siting board established\npursuant to section 27-1105 of this title in the discharge of their\nresponsibilities and to assure the availability of industrial hazardous\nwaste treatment, storage and disposal facilities which:\n a. have adequate capacity for the destruction, treatment or secure\ndisposition of all hazardous wastes that are reasonably expected to be\ngenerated within the state in the next twenty years;\n b. are within the state or outside the state in accordance with an\ninterstate agreement or regional agreement or authority;\n c. comply with all federal and state requirements governing such\nfacilities; and\n d. comply with the preferred hazardous waste management practices\nhierarchy established pursuant to section 27-0105 of this article.\n 2. The plan shall include but not be limited to:\n a. an inventory and appraisal including the identification, location\nand life expectancy of all industrial hazardous waste treatment, storage\nand disposal facilities located within the state.\n b. a compilation and analysis of existing inventories, reports and\nstudies of the sources, composition and quantity of industrial hazardous\nwaste generated within the state and of existing programs for waste\nreduction, recycling and reuse.\n c. long-range projections of at least twenty years of the amounts and\ncomposition of hazardous waste which will be generated within the state\nand, to the extent feasible, in neighboring states.\n d. a schedule for phasing out land disposal, other than treated\nresiduals in compliance with the policy established in section 27-0105\nof this article.\n e. the identification, if appropriate, of areas of the state which\nhave compatible hazardous waste generation streams and similar interests\nin providing regional hazardous waste management and disposal capacity\nto primarily service such areas.\n f. a determination of the number, size, type and location by area of\nthe state of new or expanded industrial hazardous waste treatment,\nstorage and disposal facilities which will be needed for the proper\nlong-term management of hazardous waste consistent with the assurances\nrequired pursuant to subdivision one of this section and an equitable\ngeographic distribution of facilities.\n g. an analysis of transportation routes and transportation risk and\ncosts from industrial hazardous waste generators to existing or\npotentially suitable sites for industrial hazardous waste treatment,\nstorage and disposal facilities.\n h. recommendations on regional and statewide coordination of methods\nand procedures to encourage cooperative treatment, storage, disposal and\ntransportation of industrial hazardous waste and other such hazardous\nwaste management methods.\n i. recommendations on procedures for periodically updating the\nstatewide hazardous waste facility siting plan and for future\ncoordination of hazardous waste management and planning on a regional\nbasis.\n 3. The department shall prepare and adopt a draft statewide hazardous\nwaste facility siting plan within six months after the effective date of\nthis section.\n 4. Upon completion of the draft plan, the department shall make it\navailable to all interested persons. The department shall publicize such\nplan and solicit comments. The department shall hold at least one public\nhearing within each region of the state to review and solicit comments\non the draft plan.\n 5. Within twelve months after the effective date of this section, the\ndepartment shall have completed public hearings on the draft plan and\nshall have considered comments and shall make such revisions to the\ndraft plan as it deems necessary or appropriate. The department shall\nmake the revised plan available to all interested persons and shall\nsolicit comments and hold public hearings on the revised plan.\n 6. Within fifteen months after the effective date of this section, the\ndepartment shall make any final revisions as it deems necessary or\nappropriate and adopt the plan. The adopted plan shall be transmitted to\nthe governor and the legislature and made available to all interested\nparties.\n 7. Upon adoption of the plan the department shall immediately\nestablish a schedule for siting any new or expanded industrial hazardous\nwaste treatment, storage or disposal facilities identified as necessary\nin such plan.\n