Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 27-0921
Short-term management
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 9
§ 27-0921. Short-term management.

1. a. The commissioner shall immediately begin preparation of a
proposal for a short-term hazardous waste management program for the
effective and safe disposal, treatment and storage of hazardous waste.
Such program shall be coordinated with the on-going comprehensive
program for the long-term treatment and disposal of hazardous waste.

b. As part of the proposal, a comprehensive study shall be made with
regard to the short-term needs of New York state generators of hazardous
waste consistent with the protection of public health and safety and the
environment and in light of:

(1) federal and state laws, rules and regulations designed to ensure
proper disposition of hazardous waste from generation to final storage
or treatment which place substantial responsibilities on industry to
responsibly and safely dispose of hazardous waste;

(2) the identified shortfall in existing available storage, treatment
and disposal capacity, and the potential economic and environmental
problems that may occur as a result of the potential disruption of
operation of the presently permitted commercial industrial hazardous
waste disposal, treatment and storage facilities located in New York;
and

(3) the fact that it will take a period of several years before a
comprehensive program for the long-term disposal and treatment of
hazardous waste is in operation sufficient to replace or reduce present
methods of hazardous waste disposal.

c. The proposed short-term hazardous waste management program shall
incorporate the best short-term methods and means available to contain,
store and treat hazardous waste. In preparing the program, consideration
shall be given to the short-term needs of New York state generators of
hazardous waste, to the siting of secure landfills or other storage
facilities on suitable private or state-owned land, to the development
and construction of such facilities in a manner to safely allow for the
eventual retrieval of hazardous waste for the purpose of ultimate
destruction, detoxification, or neutralization by industrial hazardous
waste treatment facilities, to the options of public versus private
ownership and operation of such facilities, to the ongoing efforts to
establish and maintain a statewide waste exchange system, and to the
establishment of incentives to encourage reduction of the amount of
hazardous waste generated.

2. Not later than January first, nineteen hundred eighty-two, the
commissioner shall submit to the legislature the study and the proposal
for a short-term hazardous waste management program required pursuant to
subdivision one of this section, including any proposed implementing
legislation and rules and regulations where appropriate.