N.Y. Environmental Conservation Law § 27-1331: Community participation

§ 27-1331. Community participation.

1. To facilitate an inactive hazardous waste disposal site remedial

program and enable community members to participate more fully in

decisions that affect their community, the department shall provide

opportunities for community involvement and shall consult with the

public throughout that process, before the department forms or adopts

final positions. The primary goals of the community participation

program at sites are to facilitate two-way communication between the

department and individuals, groups, and organizations that have

expressed interest in or are affected by the site or the site's remedial

program, with a special focus on sites in disadvantaged communities and

to take into account the community's interests in the decision-making

process associated with the remediation of sites.

2. All inactive hazardous waste disposal site remedial programs shall

include community participation activities which, at a minimum, shall

include, but are not limited to, the preparation of a community

participation plan, establishment of a document repository, and public

notice to interested individuals and groups with a prescribed comment

period at select milestones.

3. The design of each community participation plan, including the

level of community involvement and the tools utilized, shall take into

account the scope and scale of the proposed inactive hazardous waste

disposal site remedial program, local interest and history, location

within a disadvantaged community, and other relevant factors. While

retaining flexibility to tailor each plan to each site, community

participation plans shall embody the following principles of meaningful

community participation:

a. opportunities for community involvement should be provided as early

as possible in the decision-making process prior to the selection of a

preferred course of action by the department and/or the responsible

person;

b. activities proposed in such plan should be as reflective of the

diversity of interests and perspective found within the community as

possible, allowing the public the opportunity to have their views heard

and considered, which may include opportunities for dialogue; and

c. full, timely, and accessible disclosure and sharing of information

by the department shall be provided, including the provision of

technical data and the assumptions upon which any analyses are based.

4. Each community participation plan shall include the following

minimum elements:

a. an inactive hazardous waste disposal site remedial program site

contact list;

b. the name and address of a document repository and proof of

acceptance of this designation by the repository;

c. overview of the site's history and contamination issues, including

the nature of threats to public health and the environment, once known;

d. identification of major issues of public concern related to the

site and a description of any interim actions planned or taken to

address the issues, if appropriate;

e. a description of the phases of the major elements of the inactive

hazardous waste disposal site remedial program;

f. a description of community participation activities conducted or

planned relative to the inactive hazardous waste disposal site; and

g. a description of any additional community participation activities

needed to address public concerns.

5. All community participation plans will be subject to department

review and approval. The citizen participation plan shall be updated

during the implementation of the inactive hazardous waste disposal site

remedial program.

6. Document repository. A document repository shall be established at

a location accessible to the public where they can review the inactive

hazardous waste disposal site remedial program documents, and an

electronic repository shall also exist on the department's website.

a. Documents shall be placed in the repository, which are:

(i) approved by the department; or

(ii) otherwise designated by the department for inclusion.

b. The responsible person shall make available to the department all

appropriate documents for inclusion in the repository.