§ 27-1103 — Criteria for siting industrial hazardous waste treatment, storage and disposal facilities

New York § 27-1103

• 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

§ 27-1103. Criteria for siting industrial hazardous waste treatment,\n storage and disposal facilities.\n 1. The commissioner shall, after investigation and opportunity for\npublic comment, within one year from the effective date of this section,\npublish criteria for siting industrial hazardous waste treatment,\nstorage and disposal facilities. Such siting criteria shall be designed\nto insure the maximum safety of the public from hazards associated with\ntreatment, storage, and disposal of hazardous wastes. The commissioner\nshall also within one year from such effective date adopt criteria\nprescribing the form and content of applications for a certificate of\nenvironmental safety and public necessity to construct an industrial\nhazardous waste treatment, storage and disposal facility.\n 2. The criteria issued pursuant to subdivision one of this section for\nthe siting of industrial hazardous waste treatment, storage and disposal\nfacilities shall take into account, among other factors:\n a. The consistency of the application with the plan adopted pursuant\nto section 27-1102 of this title,\n b. The density of population in areas neighboring such facility,\n c. The density of population in areas adjacent to delivery routes to\nsuch facility,\n d. The risk of accident during the transportation of hazardous wastes,\n e. The risk of contamination of ground and surface waters by leaching\nand runoff from such facility,\n f. The risk of fires or explosions from improper storage and disposal\nmethods,\n g. The impact on the municipality where the facility is to be cited in\nterms of health, safety, cost and consistency with local planning,\nzoning or land use laws and ordinances,\n h. The nature of the probable environmental impact, including\nspecification of the predictable adverse effects on the natural\nenvironment and ecology, public health and safety, scenic, historic,\ncultural and recreational value, water and air quality, wildlife and an\nevaluation of measures to mitigate adverse effects, and\n i. The future physical climate risk due to sea level rise, and/or\nstorm surges and/or flooding, based on available data predicting the\nlikelihood of future extreme weather events, including hazard risk\nanalysis data if applicable.\n 3. The criteria issued by the commissioner pursuant to subdivision one\nof this section prescribing the form of an application for a certificate\nof environmental safety and public necessity to construct an industrial\nhazardous waste treatment, storage and disposal facility shall require\nthe applicant to supply detailed information regarding:\n a. The location of the proposed facility,\n b. A description of the design and capacity of the facility,\n c. The expected sources of hazardous wastes for the facility, the\nproposed methods of transporting such wastes to and from the facility,\nand the routes which deliveries will traverse,\n d. The need for the facility,\n e. The environmental impacts of the proposed facility,\n f. A description of reasonable alternative locations for the proposed\nfacility, and\n g. Such other information as the commissioner shall prescribe as to\nwhether the proposed facility is necessary and compatible with the\nsurrounding environment and with the health, safety and welfare of\nneighboring populations.\n