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This entry was published on 2014-09-22
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SECTION 27-0703
Powers and duties of the department; solid waste management facilities
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 7
§ 27-0703. Powers and duties of the department; solid waste management


1. To the maximum extent feasible, the department shall carry out the
provisions of this title so as to facilitate short and long term
planning for solid waste disposal, to promote cooperation among
neighboring localities in the planning and implementation of solid waste
management programs and facilities, and to facilitate implementation of
solutions to solid waste management problems confronted by localities.

2. The department shall have the power to: (a) Adopt and promulgate,
amend and repeal rules and regulations governing the operation of solid
waste management facilities. Such rules and regulations shall be
directed at the prevention or reduction of (i) water pollution, (ii) air
pollution, (iii) noise pollution, (iv) obnoxious odors, (v) unsightly
conditions caused by uncontrolled release of litter, (vi) infestation of
flies and vermin, and (vii) other conditions inimical to the public
health, safety and welfare. In promulgating such rules and regulations,
the department shall give due regard to the economic and technological
feasibility of compliance therewith. Any rule or regulation promulgated
pursuant hereto may differ in its terms and provisions as between
particular types of solid waste management facilities and as between
particular areas of the state.

(b) Provide technical assistance to municipalities and other persons
engaged in solid waste management and provide training for proper
operation of solid waste management facilities.

(c) Cooperate with appropriate local, state, interstate and federal
agencies to promote the operation of solid waste management facilities
in a safe, sanitary, efficient and environmentally sound manner.

3. The department shall, in promulgating any new or revised rule or
regulation, accompany such rule making with an environmental impact
statement or a written assessment stating the extent to or means by
which such rule or regulation will prevent or reduce the factors
identified in subparagraphs (i) through (vii) of paragraph (a) of
subdivision two of this section.

4. Siting, design, construction, and operating requirements
established pursuant to subdivision two of this section for solid waste
management facilities shall be embodied in rules and regulations of the
department promulgated pursuant to the state administrative procedure

5. The commissioner shall cause program plans to be prepared for all
solid waste management assistance programs of the department enacted or
substantially modified by the solid waste management act of 1988 or
hereafter enacted, for the program of funding small scale, low
technology approaches to resource recovery pursuant to section 51-0905
of this chapter, and for the local resource reuse and development
program established by section 27-0405 of this article. Such plans shall
be consistent with the legislative intent and statutory authorization
for such programs. Program plans shall be derived from and shall be
consistent with the state solid waste management policy set forth in
section 27-0106 of this article. Such plans shall be transmitted to the
temporary president and the minority leader of the senate and the
speaker and the minority leader of the assembly within ninety days of
the effective date of this act or of the effective date of any statute
authorizing such program. Program plans shall describe the goals and
objectives of each program, operational priorities and administrative
procedures to be established in administering each program, shall guide
the development of operating procedures and administrative rules and
regulations governing each program, shall set forth the manner in which
the program shall be coordinated with other solid waste management
programs and shall set forth a description of the operating
relationships with the department of environmental conservation, other
relevant agencies and authorities and regional and local public and
private organizations.

6. Notwithstanding any other provision of law or rule or regulation to
the contrary, the owner or operator of a solid waste management facility
engaged in the storage of one thousand or more waste tires in existence
on or after the effective date of this subdivision shall submit to the
department a completed application for a permit to continue to operate
such facility, or cease operations and begin removal of the waste tires
from the facility and dispose of or treat them in a lawful manner
pursuant to a removal plan approved by the department. The owner or
operator must provide financial assurance to cover the cost of closure
of the facility at its maximum capacity, in a form and amount acceptable
to the department, before a permit will be issued. Any owner or operator
who obtained a permit pursuant to this subdivision before the effective
date of the waste tire management and recycling act of 2003 shall
provide such financial assurance within one hundred eighty days of the
effective date of such act. Failure to provide or maintain financial
assurance shall be grounds for the denial or revocation of a permit.