Section 27-0707. Permits for new solid waste management facilities

1.  On  and  after  the  effective  date  of  the  initial  rules  and
  regulations of the department promulgated pursuant to subdivision one of
  section 27-0703, no person  shall  commence  operation,  including  site
  preparation  and  construction, of a new solid waste management facility
  until such person has obtained a permit pursuant to this title.
    2. The rules and regulations adopted by the  department  to  implement
  this  article  and the provisions of article seventy of this chapter and
  rules  and  regulations   adopted   thereunder   shall   govern   permit
  applications, renewals, modifications, suspensions and revocations under
  this article. The administration of such permit applications shall be in
  accordance with article eight of this chapter. The rules and regulations
  adopted  by the department to implement this article shall specify, at a
  minimum:
    a. that an application for a permit to construct, or to renew a permit
  to operate, a solid waste management  facility  shall  not  be  complete
  unless  the  application  includes  a  description  of  how the proposed
  facility is consistent with the  state  solid  waste  management  policy
  identified under section 27-0106 of this article.
    b.  that  on  or  after  April  first,  nineteen hundred ninety-one an
  application for a permit to construct 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 which contains all of
  the elements set forth in paragraph b  of  subdivision  one  of  section
  27-0107  of  this  article is in effect for such municipality; provided,
  however, that this requirement may be waived by the commissioner  for  a
  permit  to  construct a solid waste management facility designed for the
  treatment, storage or disposal of sewage sludge and needed  to implement
  a project described in subparagraph one of paragraph (c) of  subdivision
  three  of  section  ninety-seven-m  of  the  state finance law that will
  expedite compliance with the Ocean Dumping Ban Act of  1988.    For  any
  such  permit  application  submitted  by  a  municipality prior to April
  first, nineteen hundred ninety-one, the department shall, upon  issuance
  of  a  permit,  require  as  a permit condition that the municipality or
  planning unit of which it is a part have in effect a local  solid  waste
  management  plan  which  contains  all  of  the  elements  set  forth in
  paragraph b of subdivision one of section 27-0107 of this article  by  a
  date  certain,  which  shall  be  no  sooner  than April first, nineteen
  hundred ninety-one, unless otherwise agreed  by  the  municipality,  and
  which  shall  be no later than April first, nineteen hundred ninety-two.
  For any such permit application submitted on behalf  of  a  municipality
  prior  to April first, nineteen hundred ninety-one, the department shall
  require as a permit condition that the proposed solid  waste  management
  facility shall be prohibited from accepting waste from such municipality
  by  a  date certain, which shall be no sooner than April first, nineteen
  hundred ninety-one and no  later  than  April  first,  nineteen  hundred
  ninety-two, unless such municipality or the planning unit of which it is
  a  part has in effect a local solid waste management plan which contains
  all of the elements set forth in  paragraph  b  of  subdivision  one  of
  section  27-0107  of  this  article.  For  purposes  of  this paragraph,
  "planning unit" shall have the same meaning as set forth in  subdivision
  one of section 27-0107 of this article.
    c. that a permit will be issued only if:
    (1)  the  proposed  facility  will  be  in  full  compliance  with the
  applicable rules and regulations in effect on the date of submission  of
  the permit application; and
    (2)  there  has  been  opportunity  for  public  review and comment at
  relevant stages of the project planning process; and

    (3) a determination has been made that the proposed facility will  not
  result  in  unfair competition between municipalities and scrap dealers,
  processors and consumers; and
    (4)  the applicant has received or will receive the written opinion of
  counsel to each muncipality or public authority which has entered into a
  contract, lease or rental agreement with the proposed facility that such
  contract, lease or rental agreement is in compliance with the applicable
  requirements of sections one hundred one,  one  hundred  three  and  one
  hundred twenty-w of the general municipal law.
    2-a.  No  exemption from the permit requirements imposed by this title
  shall be allowed for the establishment of a new solid  waste  management
  facility  for the disposal of nonputrescible construction and demolition
  debris  when  such  facility  will  be  used  for  the   deposition   of
  construction  and demolition debris from an offsite source when a fee or
  any other form of consideration is required for the privilege  of  using
  the facility for the disposal of construction and demolition debris.
    2-b.  The  department  of environmental conservation shall not issue a
  permit to construct or a permit to operate a facility in  Nassau  county
  to  process  sewage sludge into a pellet-like product unless and until a
  full environmental review of the proposed facility has  been  conducted,
  including  but  not  limited  to  full consideration of the impacts such
  facility may have upon the proximity of  schools,  churches,  hospitals,
  residences,  commercial districts to such facility; ambient air quality,
  traffic, community character and growth patterns, local  aesthetics  and
  economics,  and  public  health  and  safety  in  the  vicinity  of such
  facility; and unless and until all relevant adverse  impacts  identified
  through  the  review  process  have  been addressed by the applicant and
  avoided as  necessary  to  protect  the  public  health  and  safety  of
  residents and others residing and/or working in the vicinity of any such
  proposed  facility. The department shall conduct a minimum of one public
  hearing in Nassau county, as a part of such full environmental review of
  the proposed facility.
    2-c. No permit for a solid waste management facility shall  be  issued
  for  a  facility  located  on  land  in agricultural production which is
  located  within  an  agricultural  district,  or  land  in  agricultural
  production   that   qualifies  for  and  is  receiving  an  agricultural
  assessment pursuant to section three hundred six of the agriculture  and
  markets  law.  Nothing  contained  herein,  however,  shall be deemed to
  prohibit the issuance of such permit after  appropriate  review  by  the
  department when:
    a.  the  owner of such land has entered into a written agreement which
  shall indicate his consent for site consideration; or
    b. the applicant for the permit has made a commitment  in  the  permit
  application  to fund a farm land protection conservation easement within
  a reasonable proximity to the proposed project in  an  amount  not  less
  than the dollar value of any such farm land purchased; or
    c.   the   commissioner   of   agriculture  and  markets  has  made  a
  determination and the commissioner concurs that the agricultural land to
  be taken constitutes less than five percent of the project site.
    For purposes of this subdivision, "solid  waste  management  facility"
  shall  have  the  same  meaning as provided in this title, but shall not
  include solid waste transfer stations, or land upon which sewage  sludge
  is   applied,   and   determinations   regarding  agricultural  district
  boundaries and agricultural assessments will be based on those in effect
  as of the date and initial determination is made,  pursuant  to  article
  eight  of  this chapter, as to whether an environmental impact statement
  needs to be prepared for the proposed project.

    3. Where a permit for a  solid  waste  management  facility  has  been
  granted,   the   commissioner  may  upon  request  make  available  such
  department personnel and expertise as may be needed to inform the public
  as to the nature of the facility which has been granted  a  permit,  the
  nature  of  the  facility  operations  authorized by the permit, and the
  effect of the permit conditions, if any, which are imposed in connection
  with the permit.
    4. Where the  commissioner  denies  a  permit  application,  he  shall
  provide  to  the  applicant  a written statement of the reasons for this
  determination.
    5. Receipt of a permit pursuant to this section shall not relieve  any
  person  of  the  responsibility  of  constructing  such facility in full
  compliance  with  any  applicable  laws,  rules  or  regulations  or  of
  operating  the  facility  in  full  compliance with all applicable laws,
  rules and regulations, including rules and regulations of the department
  promulgated pursuant to subdivision one of section  27-0703  and  taking
  effect after the date application was made to the department.
    6.  Nothing  herein  shall relieve any person of the responsibility of
  fully  complying  with  all  applicable  laws,  rules  and  regulations,
  including   regulations  of  the  department,  promulgated  pursuant  to
  subdivision one of section 27-0703, in the operation of  a  solid  waste
  management  facility  not  subject to the department's review under this
  section.
    7. Notwithstanding any provision of law or order to the  contrary,  no
  permit  to  construct  and/or  operate a solid waste management facility
  shall be issued for any incinerator for which a permit  application  was
  deemed  complete  by the department before April first, nineteen hundred
  eighty-six and for which no such permit was  issued  by  the  department
  before April first, nineteen hundred ninety-six. For the purpose of this
  subdivision,  the term "incinerator" shall mean an enclosed device using
  controlled  flame  combustion,  the  primary  purpose  of  which  is  to
  thermally   break  down  solid,  liquid  or  gaseous  wastes,  including
  refuse-derived fuel,  producing  residue  that  contains  little  or  no
  combustible materials.