Section 27-0703. Powers and duties of the department; solid waste management facilities

1. To the maximum extent feasible, the department shall carry out  the
  provisions  of  this  title  so  as  to  facilitate  short and long term
  planning  for  solid  waste  disposal,  to  promote  cooperation   among
  neighboring localities in the planning and implementation of solid waste
  management  programs and facilities, and to facilitate implementation of
  solutions to solid waste management problems confronted by localities.
    2. The department shall have the power to: (a) Adopt  and  promulgate,
  amend  and repeal rules and regulations governing the operation of solid
  waste  management  facilities.  Such  rules  and  regulations  shall  be
  directed at the prevention or reduction of (i) water pollution, (ii) air
  pollution,  (iii)  noise  pollution, (iv) obnoxious odors, (v) unsightly
  conditions caused by uncontrolled release of litter, (vi) infestation of
  flies and vermin, and (vii) other  conditions  inimical  to  the  public
  health,  safety and welfare. In promulgating such rules and regulations,
  the department shall give due regard to the economic  and  technological
  feasibility  of compliance therewith. Any rule or regulation promulgated
  pursuant hereto may differ  in  its  terms  and  provisions  as  between
  particular  types  of  solid  waste management facilities and as between
  particular areas of the state.
    (b) Provide technical assistance to municipalities and  other  persons
  engaged  in  solid  waste  management  and  provide  training for proper
  operation of solid waste management facilities.
    (c) Cooperate with appropriate local, state,  interstate  and  federal
  agencies  to  promote the operation of solid waste management facilities
  in a safe, sanitary, efficient and environmentally sound manner.
    3. The department shall, in promulgating any new or  revised  rule  or
  regulation,  accompany  such  rule  making  with an environmental impact
  statement or a written assessment stating the  extent  to  or  means  by
  which  such  rule  or  regulation  will  prevent  or  reduce the factors
  identified in subparagraphs  (i)  through  (vii)  of  paragraph  (a)  of
  subdivision two of this section.
    4.   Siting,   design,   construction,   and   operating  requirements
  established pursuant to subdivision two of this section for solid  waste
  management  facilities shall be embodied in rules and regulations of the
  department promulgated pursuant to the  state  administrative  procedure
  act.
    5.  The  commissioner shall cause program plans to be prepared for all
  solid waste management assistance programs of the department enacted  or
  substantially  modified  by  the  solid  waste management act of 1988 or
  hereafter  enacted,  for  the  program  of  funding  small  scale,   low
  technology  approaches  to resource recovery pursuant to section 51-0905
  of this chapter, and  for  the  local  resource  reuse  and  development
  program established by section 27-0405 of this article. Such plans shall
  be  consistent  with  the legislative intent and statutory authorization
  for such programs. Program plans shall be  derived  from  and  shall  be
  consistent  with  the  state  solid waste management policy set forth in
  section 27-0106 of this article. Such plans shall be transmitted to  the
  temporary  president  and  the  minority  leader  of  the senate and the
  speaker and the minority leader of the assembly within  ninety  days  of
  the  effective  date of this act or of the effective date of any statute
  authorizing such program. Program plans shall  describe  the  goals  and
  objectives  of  each  program, operational priorities and administrative
  procedures to be established in administering each program, shall  guide
  the  development  of  operating  procedures and administrative rules and
  regulations governing each program, shall set forth the manner in  which
  the  program  shall  be  coordinated  with  other solid waste management

  programs  and  shall  set  forth  a   description   of   the   operating
  relationships  with  the department of environmental conservation, other
  relevant agencies and authorities and  regional  and  local  public  and
  private organizations.
    6. Notwithstanding any other provision of law or rule or regulation to
  the contrary, the owner or operator of a solid waste management facility
  engaged  in the storage of one thousand or more waste tires in existence
  on or after the effective date of this subdivision shall submit  to  the
  department  a  completed application for a permit to continue to operate
  such facility, or cease operations and begin removal of the waste  tires
  from  the  facility  and  dispose  of  or  treat them in a lawful manner
  pursuant to a removal plan approved by  the  department.  The  owner  or
  operator  must  provide financial assurance to cover the cost of closure
  of the facility at its maximum capacity, in a form and amount acceptable
  to the department, before a permit will be issued. Any owner or operator
  who obtained a permit pursuant to this subdivision before the  effective
  date  of  the  waste  tire  management  and  recycling act of 2003 shall
  provide such financial assurance within one hundred eighty days  of  the
  effective  date  of  such  act. Failure to provide or maintain financial
  assurance shall be grounds for the denial or revocation of a permit.