N.Y. Environmental Conservation Law § 27-0703: Powers and duties of the department; solid waste management facilities

§ 27-0703. Powers and duties of the department; solid waste management

facilities.

1. To the maximum extent feasible, the department shall carry out the

provisions of this title so as to facilitate short and long term

planning for solid waste disposal, to promote cooperation among

neighboring localities in the planning and implementation of solid waste

management programs and facilities, and to facilitate implementation of

solutions to solid waste management problems confronted by localities.

2. The department shall have the power to: (a) Adopt and promulgate,

amend and repeal rules and regulations governing the operation of solid

waste management facilities. Such rules and regulations shall be

directed at the prevention or reduction of (i) water pollution, (ii) air

pollution, (iii) noise pollution, (iv) obnoxious odors, (v) unsightly

conditions caused by uncontrolled release of litter, (vi) infestation of

flies and vermin, and (vii) other conditions inimical to the public

health, safety and welfare. In promulgating such rules and regulations,

the department shall give due regard to the economic and technological

feasibility of compliance therewith. Any rule or regulation promulgated

pursuant hereto may differ in its terms and provisions as between

particular types of solid waste management facilities and as between

particular areas of the state.

(b) Provide technical assistance to municipalities and other persons

engaged in solid waste management and provide training for proper

operation of solid waste management facilities.

(c) Cooperate with appropriate local, state, interstate and federal

agencies to promote the operation of solid waste management facilities

in a safe, sanitary, efficient and environmentally sound manner.

3. The department shall, in promulgating any new or revised rule or

regulation, accompany such rule making with an environmental impact

statement or a written assessment stating the extent to or means by

which such rule or regulation will prevent or reduce the factors

identified in subparagraphs (i) through (vii) of paragraph (a) of

subdivision two of this section.

4. Siting, design, construction, and operating requirements

established pursuant to subdivision two of this section for solid waste

management facilities shall be embodied in rules and regulations of the

department promulgated pursuant to the state administrative procedure

act.

5. The commissioner shall cause program plans to be prepared for all

solid waste management assistance programs of the department enacted or

substantially modified by the solid waste management act of 1988 or

hereafter enacted, for the program of funding small scale, low

technology approaches to resource recovery pursuant to section 51-0905

of this chapter, and for the local resource reuse and development

program established by section 27-0405 of this article. Such plans shall

be consistent with the legislative intent and statutory authorization

for such programs. Program plans shall be derived from and shall be

consistent with the state solid waste management policy set forth in

section 27-0106 of this article. Such plans shall be transmitted to the

temporary president and the minority leader of the senate and the

speaker and the minority leader of the assembly within ninety days of

the effective date of this act or of the effective date of any statute

authorizing such program. Program plans shall describe the goals and

objectives of each program, operational priorities and administrative

procedures to be established in administering each program, shall guide

the development of operating procedures and administrative rules and

regulations governing each program, shall set forth the manner in which

the program shall be coordinated with other solid waste management

programs and shall set forth a description of the operating

relationships with the department of environmental conservation, other

relevant agencies and authorities and regional and local public and

private organizations.

6. Notwithstanding any other provision of law or rule or regulation to

the contrary, the owner or operator of a solid waste management facility

engaged in the storage of one thousand or more waste tires in existence

on or after the effective date of this subdivision shall submit to the

department a completed application for a permit to continue to operate

such facility, or cease operations and begin removal of the waste tires

from the facility and dispose of or treat them in a lawful manner

pursuant to a removal plan approved by the department. The owner or

operator must provide financial assurance to cover the cost of closure

of the facility at its maximum capacity, in a form and amount acceptable

to the department, before a permit will be issued. Any owner or operator

who obtained a permit pursuant to this subdivision before the effective

date of the waste tire management and recycling act of 2003 shall

provide such financial assurance within one hundred eighty days of the

effective date of such act. Failure to provide or maintain financial

assurance shall be grounds for the denial or revocation of a permit.