Requires that an applicant for a permit to construct or renew a permit to operate a solid waste management facility demonstrate compatibility with the solid waste management plan of the planning unit or units within which such facility is located and the planning unit or units from which solid waste is to be received.
BILL NUMBER: S3777A
TITLE OF BILL : An act to amend the environmental conservation law, in relation to solid waste management facilities
PURPOSE OF BILL/SUMMARY OF SPECIFIC PROVISIONS : Amends subdivision 2 of section 27-0701 of the environmental conservation law (ECL) to add recyclables handling and recovery facilities to the definition of solid waste management facility.
Adds a new paragraph d to section 27-0707 of the ECL to require applicants for a permit to establish and operate a new solid waste management facility to demonstrate consistency with the solid waste management plan of the planning unit or units within which such facility is located and/or the planning unit or units from which solid waste is to be received. This requirement would not apply to a permitted facility in existence prior to the effective date.
JUSTIFICATION : In passing the Solid Waste Management Act of 1988, the legislature found that the proper management of solid waste is necessary to protect the public health and the environment, and further, that many communities faced a crisis in the development and implementation of environmentally acceptable ways to dispose of waste produced by their residents and the industries located within their jurisdictions. This crisis demonstrated the need to facilitate planning for and the development of local solid waste management programs and facilities.
Current State law requires that a permit to construct, or to renew a permit to operate, a solid waste management facility made by or on behalf of a municipality in a planning unit shall not be complete until a local solid waste management plan is in effect for such municipality. This legislation would hold new private solid waste facilities to the same standard of planning as that are applied to municipal facilities in relation to solid waste management plans.
PRIOR LEGISLATIVE HISTORY : 1994: A.9951A Passed Assembly 1995: A.3972 Passed Assembly 1996: A.3972A Passed Assembly 1997: A.4133 Passed Assembly 1998: A.4133A Referred to Environmental Conservation 1999-00: A.5078 Passed Assembly 2001-02: A.5564 Passed Assembly 2003-04: A.3963 Passed Assembly 2005-06: A.2830 Passed Assembly 2007-08: A.6578 Passed Assembly 2009: S.3777 3rd Reading/A.5765 Passed Assembly
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT : None.
EFFECTIVE DATE : This act shall take effect on the first of January next succeeding the date on which it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 3777--A Cal. No. 82 2009-2010 Regular Sessions IN SENATE March 31, 2009 ___________Introduced by Sens. THOMPSON, ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conser- vation in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, substituted by Assembly Bill No. 5765, substitution reconsidered and vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third read- ing AN ACT to amend the environmental conservation law, in relation to solid waste management facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 27-0701 of the environmental conservation law, as amended by chapter 253 of the laws of 1988, is amended to read as follows: 2. "Solid waste management facility" means any facility employed beyond the initial solid waste collection process including, but not limited to, transfer stations, baling facilities, rail haul or barge haul facilities, processing systems, including resource recovery facili- ties or other facilities for reducing solid waste volume, sanitary land- fills, facilities for the disposal of construction and demolition debris, plants and facilities for compacting, composting or
[pyroliza- tion]PYROLYZATION of solid wastes, incinerators, RECYCLABLES HANDLING AND RECOVERY FACILITIES and other solid waste disposal, reduction or conversion facilities. S 2. Subdivision 2 of section 27-0707 of the environmental conserva- tion law is amended by adding a new paragraph d to read as follows: D. THAT AN APPLICATION FOR A PERMIT TO ESTABLISH A NEW SOLID WASTE MANAGEMENT FACILITY SHALL NOT BE COMPLETE UNLESS THE APPLICANT DEMON- STRATES THE CONSISTENCY OF SUCH FACILITY OR FACILITIES WITH THE OBJEC-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02839-02-0 S. 3777--A 2
TIVES OF THE LOCAL SOLID WASTE MANAGEMENT PLAN, IN PLACE AT THE TIME OF THE APPLICATION AS IDENTIFIED IN SECTION 27-0107 OF THIS ARTICLE, OF THE PLANNING UNIT WITHIN WHICH SUCH FACILITY IS LOCATED AND THE PLANNING UNITS FROM WHICH SOLID WASTE IS EXPECTED TO BE RECEIVED; OR THE COMMIS- SIONER DETERMINES THAT THE FACILITY IS NECESSARY TO MEET STATE OBJEC- TIVES PURSUANT TO THIS TITLE. THIS PARAGRAPH SHALL NOT APPLY TO ANY PERMITTED SOLID WASTE MANAGEMENT FACILITY IN EXISTENCE BEFORE THE EFFEC- TIVE DATE OF THIS PARAGRAPH. S 3. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.