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This entry was published on 2021-11-12
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SECTION 27-0107
Local solid waste management plans; purpose and scope
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 1
§ 27-0107. Local solid waste management plans; purpose and scope.

1. Purpose and scope. (a) A planning unit may undertake and complete a
timely process leading to a local solid waste management plan for such
unit for at least a ten-year period. For purposes of this section and
section 27-0109 of this article, "planning unit" shall mean a county,
two or more counties acting jointly, a local government agency or
authority established pursuant to state law for the purposes of managing
solid waste, any city located in the county of Nassau, or two or more
other municipalities which the department determines to be capable of
implementing a regional solid waste management program.

(b) The local solid waste management plan shall:

(i) characterize the solid waste stream to be managed in the planning
period and methods to increase waste diversion including, but not
limited to recycling and composting;

(ii) assess existing and alternate proposed solid waste management
programs and facilities;

(iii) address to the maximum extent practicable the comments and views
expressed by concerned governmental, environmental, commercial and
industrial interests and the public on the waste reduction, recycling,
reuse and disposal alternatives;

(iv) identify the parties with responsibility to implement each
element of the plan and the steps which must be undertaken by each;

(v) set forth a timetable for implementing the plan;

(vi) describe the participation in the preparation of the plan of each
municipality which has chosen to participate in such preparation; and

(vii) describe (A) measures undertaken by the municipalities
participating in the planning unit to secure participation of
neighboring jurisdictions, (B) the limitations, if any, imposed by the
proposed plan on solid waste management alternatives available to such
neighboring jurisdictions, and (C) alternatives which would be available
if a local solid waste management plan including such jurisdictions were
prepared. Specific written suggestions received from neighboring
jurisdictions shall be summarized and reflected in the plan.

(c) Such plan shall take into account the objectives of the state
solid waste management policy, provide for or take into account
management of all solid waste within the planning unit, and embody, as
may be appropriate to the circumstances, sound principles of solid waste
management, natural resources conservation, energy production, and
employment creating opportunities.

(d) Such plan is authorized to include and shall utilize, to the
extent practicable, prepared resource materials or generic analyses so
as to minimize the development and use of original data to degrees of
detail not pertinent to the circumstances.

(e) A plan may be submitted to the department by a planning unit on
its own initiative or upon the request of the participating
municipalities. The department shall review such plan and advise the
planning unit that:

(i) the plan contains the elements set forth in paragraph (b) of this
subdivision. Thereafter such plan shall become the local solid waste
management plan in effect for such municipalities; or

(ii) the plan as submitted does not contain the elements set forth in
paragraph (b) of this subdivision. The department shall state the
reasons for its determination under this subparagraph.

(f) For purposes of this subdivision, the department shall not serve
as lead agency as defined in subdivision six of section 8-0111 of this
chapter.

(g) For purposes of this section, "solid waste" shall have the same
meaning as is found in subdivision one of section 27-0701 of this
article, but shall not include source, special nuclear or by-product
material as defined in the atomic energy act of 1954, as amended, or
hazardous waste which appears on the list or satisfies the
characteristics of hazardous waste promulgated pursuant to section
27-0903 of this article or, low level radioactive waste as defined in
section 29-0101 of this chapter.

2. The department shall promulgate rules and regulations in accordance
with the provisions of the state administrative procedure act for the
implementation of this section and section 27-0109 of this article.