N.Y. Environmental Conservation Law § 27-0707: Permits for new solid waste management facilities

§ 27-0707. Permits for new solid waste management facilities.

1. On and after the effective date of the initial rules and

regulations of the department promulgated pursuant to subdivision one of

section 27-0703, no person shall commence operation, including site

preparation and construction, of a new solid waste management facility

until such person has obtained a permit pursuant to this title.

2. The rules and regulations adopted by the department to implement

this article and the provisions of article seventy of this chapter and

rules and regulations adopted thereunder shall govern permit

applications, renewals, modifications, suspensions and revocations under

this article. The administration of such permit applications shall be in

accordance with article eight of this chapter. The rules and regulations

adopted by the department to implement this article shall specify, at a

minimum:

a. that an application for a permit to construct, or to renew a permit

to operate, a solid waste management facility shall not be complete

unless the application includes a description of how the proposed

facility is consistent with the state solid waste management policy

identified under section 27-0106 of this article.

b. that on or after April first, nineteen hundred ninety-one an

application for a permit to construct a solid waste management facility

made by or on behalf of a municipality in a planning unit shall not be

complete until a local solid waste management plan which contains all of

the elements set forth in paragraph b of subdivision one of section

27-0107 of this article is in effect for such municipality; provided,

however, that this requirement may be waived by the commissioner for a

permit to construct a solid waste management facility designed for the

treatment, storage or disposal of sewage sludge and needed to implement

a project described in subparagraph one of paragraph (c) of subdivision

three of section ninety-seven-m of the state finance law that will

expedite compliance with the Ocean Dumping Ban Act of 1988. For any

such permit application submitted by a municipality prior to April

first, nineteen hundred ninety-one, the department shall, upon issuance

of a permit, require as a permit condition that the municipality or

planning unit of which it is a part have in effect a local solid waste

management plan which contains all of the elements set forth in

paragraph b of subdivision one of section 27-0107 of this article by a

date certain, which shall be no sooner than April first, nineteen

hundred ninety-one, unless otherwise agreed by the municipality, and

which shall be no later than April first, nineteen hundred ninety-two.

For any such permit application submitted on behalf of a municipality

prior to April first, nineteen hundred ninety-one, the department shall

require as a permit condition that the proposed solid waste management

facility shall be prohibited from accepting waste from such municipality

by a date certain, which shall be no sooner than April first, nineteen

hundred ninety-one and no later than April first, nineteen hundred

ninety-two, unless such municipality or the planning unit of which it is

a part has in effect a local solid waste management plan which contains

all of the elements set forth in paragraph b of subdivision one of

section 27-0107 of this article. For purposes of this paragraph,

"planning unit" shall have the same meaning as set forth in subdivision

one of section 27-0107 of this article.

c. that a permit will be issued only if:

(1) the proposed facility will be in full compliance with the

applicable rules and regulations in effect on the date of submission of

the permit application; and

(2) there has been opportunity for public review and comment at

relevant stages of the project planning process; and

(3) a determination has been made that the proposed facility will not

result in unfair competition between municipalities and scrap dealers,

processors and consumers; and

(4) the applicant has received or will receive the written opinion of

counsel to each muncipality or public authority which has entered into a

contract, lease or rental agreement with the proposed facility that such

contract, lease or rental agreement is in compliance with the applicable

requirements of sections one hundred one, one hundred three and one

hundred twenty-w of the general municipal law.

2-a. No exemption from the permit requirements imposed by this title

shall be allowed for the establishment of a new solid waste management

facility for the disposal of nonputrescible construction and demolition

debris when such facility will be used for the deposition of

construction and demolition debris from an offsite source when a fee or

any other form of consideration is required for the privilege of using

the facility for the disposal of construction and demolition debris.

2-b. The department of environmental conservation shall not issue a

permit to construct or a permit to operate a facility in Nassau county

to process sewage sludge into a pellet-like product unless and until a

full environmental review of the proposed facility has been conducted,

including but not limited to full consideration of the impacts such

facility may have upon the proximity of schools, churches, hospitals,

residences, commercial districts to such facility; ambient air quality,

traffic, community character and growth patterns, local aesthetics and

economics, and public health and safety in the vicinity of such

facility; and unless and until all relevant adverse impacts identified

through the review process have been addressed by the applicant and

avoided as necessary to protect the public health and safety of

residents and others residing and/or working in the vicinity of any such

proposed facility. The department shall conduct a minimum of one public

hearing in Nassau county, as a part of such full environmental review of

the proposed facility.

2-c. No permit for a solid waste management facility shall be issued

for a facility located on land in agricultural production which is

located within an agricultural district, or land in agricultural

production that qualifies for and is receiving an agricultural

assessment pursuant to section three hundred six of the agriculture and

markets law. Nothing contained herein, however, shall be deemed to

prohibit the issuance of such permit after appropriate review by the

department when:

a. the owner of such land has entered into a written agreement which

shall indicate his consent for site consideration; or

b. the applicant for the permit has made a commitment in the permit

application to fund a farm land protection conservation easement within

a reasonable proximity to the proposed project in an amount not less

than the dollar value of any such farm land purchased; or

c. the commissioner of agriculture and markets has made a

determination and the commissioner concurs that the agricultural land to

be taken constitutes less than five percent of the project site.

For purposes of this subdivision, "solid waste management facility"

shall have the same meaning as provided in this title, but shall not

include solid waste transfer stations, or land upon which sewage sludge

is applied, and determinations regarding agricultural district

boundaries and agricultural assessments will be based on those in effect

as of the date and initial determination is made, pursuant to article

eight of this chapter, as to whether an environmental impact statement

needs to be prepared for the proposed project.

3. Where a permit for a solid waste management facility has been

granted, the commissioner may upon request make available such

department personnel and expertise as may be needed to inform the public

as to the nature of the facility which has been granted a permit, the

nature of the facility operations authorized by the permit, and the

effect of the permit conditions, if any, which are imposed in connection

with the permit.

4. Where the commissioner denies a permit application, he shall

provide to the applicant a written statement of the reasons for this

determination.

5. Receipt of a permit pursuant to this section shall not relieve any

person of the responsibility of constructing such facility in full

compliance with any applicable laws, rules or regulations or of

operating the facility in full compliance with all applicable laws,

rules and regulations, including rules and regulations of the department

promulgated pursuant to subdivision one of section 27-0703 and taking

effect after the date application was made to the department.

6. Nothing herein shall relieve any person of the responsibility of

fully complying with all applicable laws, rules and regulations,

including regulations of the department, promulgated pursuant to

subdivision one of section 27-0703, in the operation of a solid waste

management facility not subject to the department's review under this

section.

7. Notwithstanding any provision of law or order to the contrary, no

permit to construct and/or operate a solid waste management facility

shall be issued for any incinerator for which a permit application was

deemed complete by the department before April first, nineteen hundred

eighty-six and for which no such permit was issued by the department

before April first, nineteen hundred ninety-six. For the purpose of this

subdivision, the term "incinerator" shall mean an enclosed device using

controlled flame combustion, the primary purpose of which is to

thermally break down solid, liquid or gaseous wastes, including

refuse-derived fuel, producing residue that contains little or no

combustible materials.