§ 27-1331 — Community participation

New York § 27-1331

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 13: Inactive Hazardous Waste Disposal Sites
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-1331. Community participation.\n 1. To facilitate an inactive hazardous waste disposal site remedial\nprogram and enable community members to participate more fully in\ndecisions that affect their community, the department shall provide\nopportunities for community involvement and shall consult with the\npublic throughout that process, before the department forms or adopts\nfinal positions. The primary goals of the community participation\nprogram at sites are to facilitate two-way communication between the\ndepartment and individuals, groups, and organizations that have\nexpressed interest in or are affected by the site or the site's remedial\nprogram, with a special focus on sites in disadvantaged communities and\nto take into account the community's interests in the decision-making\nprocess associated with the remediation of sites.\n 2. All inactive hazardous waste disposal site remedial programs shall\ninclude community participation activities which, at a minimum, shall\ninclude, but are not limited to, the preparation of a community\nparticipation plan, establishment of a document repository, and public\nnotice to interested individuals and groups with a prescribed comment\nperiod at select milestones.\n 3. The design of each community participation plan, including the\nlevel of community involvement and the tools utilized, shall take into\naccount the scope and scale of the proposed inactive hazardous waste\ndisposal site remedial program, local interest and history, location\nwithin a disadvantaged community, and other relevant factors. While\nretaining flexibility to tailor each plan to each site, community\nparticipation plans shall embody the following principles of meaningful\ncommunity participation:\n a. opportunities for community involvement should be provided as early\nas possible in the decision-making process prior to the selection of a\npreferred course of action by the department and/or the responsible\nperson;\n b. activities proposed in such plan should be as reflective of the\ndiversity of interests and perspective found within the community as\npossible, allowing the public the opportunity to have their views heard\nand considered, which may include opportunities for dialogue; and\n c. full, timely, and accessible disclosure and sharing of information\nby the department shall be provided, including the provision of\ntechnical data and the assumptions upon which any analyses are based.\n 4. Each community participation plan shall include the following\nminimum elements:\n a. an inactive hazardous waste disposal site remedial program site\ncontact list;\n b. the name and address of a document repository and proof of\nacceptance of this designation by the repository;\n c. overview of the site's history and contamination issues, including\nthe nature of threats to public health and the environment, once known;\n d. identification of major issues of public concern related to the\nsite and a description of any interim actions planned or taken to\naddress the issues, if appropriate;\n e. a description of the phases of the major elements of the inactive\nhazardous waste disposal site remedial program;\n f. a description of community participation activities conducted or\nplanned relative to the inactive hazardous waste disposal site; and\n g. a description of any additional community participation activities\nneeded to address public concerns.\n 5. All community participation plans will be subject to department\nreview and approval. The citizen participation plan shall be updated\nduring the implementation of the inactive hazardous waste disposal site\nremedial program.\n 6. Document repository. A document repository shall be established at\na location accessible to the public where they can review the inactive\nhazardous waste disposal site remedial program documents, and an\nelectronic repository shall also exist on the department's website.\n a. Documents shall be placed in the repository, which are:\n (i) approved by the department; or\n (ii) otherwise designated by the department for inclusion.\n b. The responsible person shall make available to the department all\nappropriate documents for inclusion in the repository.\n