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This entry was published on 2014-09-22
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SECTION 27-1102
Hazardous waste disposal capacity assurances and statewide hazardous waste facility siting plan
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 11
§ 27-1102. Hazardous waste disposal capacity assurances and statewide

hazardous waste facility siting plan.

1. The department shall immediately begin preparation of a statewide
hazardous waste facility siting plan to establish a framework to guide
state agencies and authorities and the facility siting board established
pursuant to section 27-1105 of this title in the discharge of their
responsibilities and to assure the availability of industrial hazardous
waste treatment, storage and disposal facilities which:

a. have adequate capacity for the destruction, treatment or secure
disposition of all hazardous wastes that are reasonably expected to be
generated within the state in the next twenty years;

b. are within the state or outside the state in accordance with an
interstate agreement or regional agreement or authority;

c. comply with all federal and state requirements governing such
facilities; and

d. comply with the preferred hazardous waste management practices
hierarchy established pursuant to section 27-0105 of this article.

2. The plan shall include but not be limited to:

a. an inventory and appraisal including the identification, location
and life expectancy of all industrial hazardous waste treatment, storage
and disposal facilities located within the state.

b. a compilation and analysis of existing inventories, reports and
studies of the sources, composition and quantity of industrial hazardous
waste generated within the state and of existing programs for waste
reduction, recycling and reuse.

c. long-range projections of at least twenty years of the amounts and
composition of hazardous waste which will be generated within the state
and, to the extent feasible, in neighboring states.

d. a schedule for phasing out land disposal, other than treated
residuals in compliance with the policy established in section 27-0105
of this article.

e. the identification, if appropriate, of areas of the state which
have compatible hazardous waste generation streams and similar interests
in providing regional hazardous waste management and disposal capacity
to primarily service such areas.

f. a determination of the number, size, type and location by area of
the state of new or expanded industrial hazardous waste treatment,
storage and disposal facilities which will be needed for the proper
long-term management of hazardous waste consistent with the assurances
required pursuant to subdivision one of this section and an equitable
geographic distribution of facilities.

g. an analysis of transportation routes and transportation risk and
costs from industrial hazardous waste generators to existing or
potentially suitable sites for industrial hazardous waste treatment,
storage and disposal facilities.

h. recommendations on regional and statewide coordination of methods
and procedures to encourage cooperative treatment, storage, disposal and
transportation of industrial hazardous waste and other such hazardous
waste management methods.

i. recommendations on procedures for periodically updating the
statewide hazardous waste facility siting plan and for future
coordination of hazardous waste management and planning on a regional
basis.

3. The department shall prepare and adopt a draft statewide hazardous
waste facility siting plan within six months after the effective date of
this section.

4. Upon completion of the draft plan, the department shall make it
available to all interested persons. The department shall publicize such
plan and solicit comments. The department shall hold at least one public
hearing within each region of the state to review and solicit comments
on the draft plan.

5. Within twelve months after the effective date of this section, the
department shall have completed public hearings on the draft plan and
shall have considered comments and shall make such revisions to the
draft plan as it deems necessary or appropriate. The department shall
make the revised plan available to all interested persons and shall
solicit comments and hold public hearings on the revised plan.

6. Within fifteen months after the effective date of this section, the
department shall make any final revisions as it deems necessary or
appropriate and adopt the plan. The adopted plan shall be transmitted to
the governor and the legislature and made available to all interested
parties.

7. Upon adoption of the plan the department shall immediately
establish a schedule for siting any new or expanded industrial hazardous
waste treatment, storage or disposal facilities identified as necessary
in such plan.