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This entry was published on 2014-09-22
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SECTION 27-0103
State solid waste management plan
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 1
§ 27-0103. State solid waste management plan.

1. For the purposes of this article, the department is designated as
the official state agency with the responsibility for preparing and
updating the New York state solid waste management plan (hereinafter
referred to as the "plan") consistent with the state resource recovery
policies declared in the New York state resource recovery policy act,
with this title, with titles five and seven of this article, and with
the federal "Resource Conservation and Recovery Act of 1976" and
amendments thereto.

2. The commissioner shall biennially review the status of programs and
information contained within the plan and make recommendations for
legislation or other state action related to:

(a) comprehensive procurement policies applicable to state agencies
and public authorities which will give maximum feasible encouragement to
the procurement of products manufactured with stated levels of secondary
materials;

(b) incentives for developing and expanding markets for promoting the
return of secondary materials and other recovered resources to
productive use; and

(c) analysis of packaging and other various components of the waste
stream to propose changes which will conserve energy and reduce solid
waste generation.

In making such recommendations and reviewing said plans the
commissioner shall take into account sound principles of solid waste
management and relevant considerations of natural resources
conservation, energy production and employment creating opportunities
and shall further take into account any relevant changes in federal and
state laws, any local solid waste management plans developed pursuant to
section 27-0107 of this article, and the experience of agencies, local
governments, private industry, the public and the results of the public
participation contemplated by the United States Environmental Protection
Agency's Guidelines for Public Participation in Programs under the
Resource Conservation and Recovery Act (40 CFR Part 25). On the basis of
that review, the commissioner shall modify the plan, as appropriate,
and, not later than March thirty-first of every other year, shall file
such modified plan with the governor and the legislature.

3. Amendments to the plan shall assure current attention to:

(a) an identification of the boundaries of those regions within the
state which, as a result of urban concentration, geographic conditions,
secondary materials markets, technological feasibility, and other
factors, are appropriate for carrying out regional solid waste
management;

(b) identification of which solid waste functions will be planned for
and carried out by which local authorities, regional authorities, state
authorities, agencies and public benefit corporations, giving due
consideration to the compatibility of the planning and implementing
functions which can be combined at the local level;

(c) identification of local, regional and state authorities and
agencies which shall have responsibility for the solid waste functions
identified in the plan which shall be managed and carried out by or on
behalf of such entities or any combination thereof, giving due
consideration to the compatibility of the planning and implementing
functions which can be combined at the local level;

(c-1) identification of strategies, programs and practices, in
consultation with the commissioner of the office of general services, to
be undertaken by the state in the management of solid waste generated by
state agencies, to ensure the attainment by the state of statewide solid
waste reduction and recycling goals established in the plan. Using
information obtained from individual state agencies, the plan shall set
forth dates by which the state of New York as a generator of solid waste
is to recover progressively increasing amounts of recyclable materials
from its waste stream and attain a reduction in its waste stream,
consistent with the statewide waste reduction and recycling goals
identified in the plan.

(d) identification of the environmental impacts including, but not
limited to, air or water pollution, or the generation of hazardous waste
resulting from the utilization of solid waste management technologies;

(e) identification and projections of changes in the waste stream that
are likely to occur during the useful life of a proposed facility, on a
statewide and regional basis, during the projected planning period;

(f) the status of solid waste management activities and capacity, and
projected special needs within the state;

(g) an assessment of future programs and resource needs to effectuate
the purposes of such plan;

(h) an assessment of alternative resource recovery practices including
but not limited to source separation, waste volume reduction, community
recycling centers and sanitary landfill or other environmentally sound
disposal manner or practice;

(i) any local solid waste management plan submitted to the
commissioner by or on behalf of any municipality;

(j) legislative recommendations appropriate to effectuate the purposes
of this title; and

(k) any other recommendations as may be appropriate.

4. In the case of any region which, pursuant to the federal "Resource
Conservation and Recovery Act of 1976", would be located in two or more
states, the commissioner shall include in the plan an identification of
such regions and the function to be performed thereby and shall submit
to the governor and the legislature recommendations for the development
and enactment of the interstate agreements necessary to carry out the
purposes of this article.

5. In connection with developing and updating the plan, the
commissioner may request and shall receive from any department,
division, board, bureau, commission or other agency of the state or any
political subdivision thereof or any public authority such assistance
and data as may be reasonably necessary to enable the commissioner to
carry out his responsibilities under this section. In making such
request, the commissioner shall consult and cooperate with such
municipality or other public body to ensure against unnecessary
duplication of effort or other administrative inefficiency.