2010 New York Code
ENV - Environmental Conservation
Article 27 - COLLECTION, TREATMENT AND DISPOSAL OF REFUSE AND OTHER SOLID WASTE
Title 1 - (27-0101 - 27-0109) SOLID AND HAZARDOUS WASTE MANAGEMENT POLICY AND PLANNING
27-0107 - Local solid waste management plans; purpose and scope.

§ 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;
    (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.