§ 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.