N.Y. Environmental Conservation Law § 27-1109: State siting requirements

§ 27-1109. State siting requirements.

1. Within one year from the adoption of the plan required to be

prepared pursuant to section 27-1102 of this title, and annually

thereafter, the department shall review the implementation of the plan

including the status of all existing facilities and all permit

applications for new or expanded industrial hazardous waste treatment,

storage, or disposal facilities.

2. If, upon completion of its annual review, the department finds that

existing facilities alone or in combination with one or more pending or

approved facility permit applications are sufficient to meet the

schedule identified pursuant to subdivision eight of section 27-1102 of

this title the department shall so notify the legislature and the

governor, in writing, identifying such existing facilities and new

facility applications pending or approved, and stating that no further

action is necessary on the part of the state.

3. If, upon completion of its annual review, the department finds that

existing facilities alone or in combination with one or more pending or

approved new facility permit applications are not sufficient to meet the

schedule identified pursuant to subdivision eight of section 27-1102 of

this title, the department shall so notify the legislature and the

governor in writing identifying in such notice the specific facilities

needed to meet such schedule.

4. Upon such finding the department shall, consistent with its

responsibilities under this title, immediately undertake measures and

actions to assist any interested potential industrial hazardous waste

treatment, storage and disposal facility owners and operators in finding

an appropriate site or sites, and shall hold public hearings or

briefings designed to encourage and facilitate discussion and

negotiations among such potential owners and operators and any potential

host community for any such facilities.

5. Within six months of a finding pursuant to subdivision three of

this section, the department shall report in writing to the governor and

legislature detailing the measures and actions taken pursuant to

subdivision four of this section and whether or not such actions have

resulted in the filing of facility permit applications sufficient to

meet the schedule identified pursuant to subdivision eight of section

27-1102 of this title. If such actions and measures have failed to

result in filings sufficient to meet such schedule, the department shall

include in its report the reasons for such failure and its

recommendations on the actions necessary to meet such schedule including

a determination as to the necessity for the state through the

environmental facilities corporation under its existing powers or some

other mechanism to initiate the siting and construction of those

facilities necessary to meet such schedule.

6. Notwithstanding any other provision of this title, no new or

pending application for a disposal facility subject to section 27-1105

of this title shall be deemed complete until the department has

determined such application is consistent with the facility siting plan

adopted pursuant to section 27-1102 of this title.