N.Y. Environmental Conservation Law § 29-0103: Siting criteria for permanent disposal facilities

§ 29-0103. Siting criteria for permanent disposal facilities.

1. No later than July thirty-first, nineteen hundred eighty-seven, the

department shall publish draft regulations which specify the criteria

for siting permanent disposal facilities and shall promulgate final

regulations no later than December thirty-first, nineteen hundred

eighty-seven. Such regulations shall be specific to the types of

disposal methods which may be employed at a permanent disposal site and

shall include criteria for:

a. above ground, engineered, monitored disposal;

b. underground mined repository disposal; and

c. where practicable, other disposal methods for which there are

applicable regulations but in no event including shallow land burial.

Such regulations shall specify the minimum characteristics a disposal

site and a disposal method must have under existing federal and state

law to be acceptable for use for permanent disposal facilities.

2. The department shall hold hearings on the proposed siting criteria

regulations.

3. In adopting the siting criteria regulations the department shall

not be subject to the requirements of sections two hundred two-a, two

hundred two-b and two hundred two-c of the state administrative

procedure act.