Relates to solid waste management facilities

2 Co-sponsors

• Thomas K. Duane
• Suzi Oppenheimer

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.