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This entry was published on 2014-09-22
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SECTION 27-1109
State siting requirements
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 11
§ 27-1109. State siting requirements.

1. Within one year from the adoption of the plan required to be
prepared pursuant to section 27-1102 of this title, and annually
thereafter, the department shall review the implementation of the plan
including the status of all existing facilities and all permit
applications for new or expanded industrial hazardous waste treatment,
storage, or disposal facilities.

2. If, upon completion of its annual review, the department finds that
existing facilities alone or in combination with one or more pending or
approved facility permit applications are sufficient to meet the
schedule identified pursuant to subdivision eight of section 27-1102 of
this title the department shall so notify the legislature and the
governor, in writing, identifying such existing facilities and new
facility applications pending or approved, and stating that no further
action is necessary on the part of the state.

3. If, upon completion of its annual review, the department finds that
existing facilities alone or in combination with one or more pending or
approved new facility permit applications are not sufficient to meet the
schedule identified pursuant to subdivision eight of section 27-1102 of
this title, the department shall so notify the legislature and the
governor in writing identifying in such notice the specific facilities
needed to meet such schedule.

4. Upon such finding the department shall, consistent with its
responsibilities under this title, immediately undertake measures and
actions to assist any interested potential industrial hazardous waste
treatment, storage and disposal facility owners and operators in finding
an appropriate site or sites, and shall hold public hearings or
briefings designed to encourage and facilitate discussion and
negotiations among such potential owners and operators and any potential
host community for any such facilities.

5. Within six months of a finding pursuant to subdivision three of
this section, the department shall report in writing to the governor and
legislature detailing the measures and actions taken pursuant to
subdivision four of this section and whether or not such actions have
resulted in the filing of facility permit applications sufficient to
meet the schedule identified pursuant to subdivision eight of section
27-1102 of this title. If such actions and measures have failed to
result in filings sufficient to meet such schedule, the department shall
include in its report the reasons for such failure and its
recommendations on the actions necessary to meet such schedule including
a determination as to the necessity for the state through the
environmental facilities corporation under its existing powers or some
other mechanism to initiate the siting and construction of those
facilities necessary to meet such schedule.

6. Notwithstanding any other provision of this title, no new or
pending application for a disposal facility subject to section 27-1105
of this title shall be deemed complete until the department has
determined such application is consistent with the facility siting plan
adopted pursuant to section 27-1102 of this title.