N.Y. Environmental Conservation Law § 27-1102: Hazardous waste disposal capacity assurances and statewide hazardous waste facility siting plan

§ 27-1102. Hazardous waste disposal capacity assurances and statewide

hazardous waste facility siting plan.

1. The department shall immediately begin preparation of a statewide

hazardous waste facility siting plan to establish a framework to guide

state agencies and authorities and the facility siting board established

pursuant to section 27-1105 of this title in the discharge of their

responsibilities and to assure the availability of industrial hazardous

waste treatment, storage and disposal facilities which:

a. have adequate capacity for the destruction, treatment or secure

disposition of all hazardous wastes that are reasonably expected to be

generated within the state in the next twenty years;

b. are within the state or outside the state in accordance with an

interstate agreement or regional agreement or authority;

c. comply with all federal and state requirements governing such

facilities; and

d. comply with the preferred hazardous waste management practices

hierarchy established pursuant to section 27-0105 of this article.

2. The plan shall include but not be limited to:

a. an inventory and appraisal including the identification, location

and life expectancy of all industrial hazardous waste treatment, storage

and disposal facilities located within the state.

b. a compilation and analysis of existing inventories, reports and

studies of the sources, composition and quantity of industrial hazardous

waste generated within the state and of existing programs for waste

reduction, recycling and reuse.

c. long-range projections of at least twenty years of the amounts and

composition of hazardous waste which will be generated within the state

and, to the extent feasible, in neighboring states.

d. a schedule for phasing out land disposal, other than treated

residuals in compliance with the policy established in section 27-0105

of this article.

e. the identification, if appropriate, of areas of the state which

have compatible hazardous waste generation streams and similar interests

in providing regional hazardous waste management and disposal capacity

to primarily service such areas.

f. a determination of the number, size, type and location by area of

the state of new or expanded industrial hazardous waste treatment,

storage and disposal facilities which will be needed for the proper

long-term management of hazardous waste consistent with the assurances

required pursuant to subdivision one of this section and an equitable

geographic distribution of facilities.

g. an analysis of transportation routes and transportation risk and

costs from industrial hazardous waste generators to existing or

potentially suitable sites for industrial hazardous waste treatment,

storage and disposal facilities.

h. recommendations on regional and statewide coordination of methods

and procedures to encourage cooperative treatment, storage, disposal and

transportation of industrial hazardous waste and other such hazardous

waste management methods.

i. recommendations on procedures for periodically updating the

statewide hazardous waste facility siting plan and for future

coordination of hazardous waste management and planning on a regional

basis.

3. The department shall prepare and adopt a draft statewide hazardous

waste facility siting plan within six months after the effective date of

this section.

4. Upon completion of the draft plan, the department shall make it

available to all interested persons. The department shall publicize such

plan and solicit comments. The department shall hold at least one public

hearing within each region of the state to review and solicit comments

on the draft plan.

5. Within twelve months after the effective date of this section, the

department shall have completed public hearings on the draft plan and

shall have considered comments and shall make such revisions to the

draft plan as it deems necessary or appropriate. The department shall

make the revised plan available to all interested persons and shall

solicit comments and hold public hearings on the revised plan.

6. Within fifteen months after the effective date of this section, the

department shall make any final revisions as it deems necessary or

appropriate and adopt the plan. The adopted plan shall be transmitted to

the governor and the legislature and made available to all interested

parties.

7. Upon adoption of the plan the department shall immediately

establish a schedule for siting any new or expanded industrial hazardous

waste treatment, storage or disposal facilities identified as necessary

in such plan.