Proposed
2005 Amendments to the Solid Waste Management Act of 1988
Draft
(New language is underlined, bold, deleted language struck
through, and comments are in footnotes)
§ 27-0106.
State solid waste management policy
In the interest of public health, safety and welfare
and in order to conserve energy and natural resources, the state of New York,
in enacting this section, establishes as its policy that:
1. The following
are the solid waste management priorities in this state:
(a) first, to reduce the amount of solid waste
generated;
(b) second, to repair,
refurbish, and reuse products and
packaging material for the
purpose for which it was most recently[2] intended,
(c) third, to source separate and recycle or compost, or otherwise
find a beneficial use (hereafter referred to as recycle) for material that
cannot be reused, or if source separation is not possible, to recover for
recycling and/or composting, recyclable or compostable materials from mixed
discards;
(c d) fourth, third to recover, in
an environmentally acceptable manner, energy from discards that can not be
economically and technically reused or recycled or use alternate
technology, engineered to protect the environment, that recovers maximum
materials and/or energy from discards; and
(d e) fourth,
fifth, as a
last resort, to store[3] solid waste that is not
being reused, recycled, or from which energy is not being recovered, by land
burial at sites engineered to protect the environment
or other methods approved by the department until such time
said material can either be reused or recycled.
(f) Export out of the immediate area in which waste has been
generated shall be minimized and should not occur unless all good faith efforts
to prevent, reuse, recycle, or store locally have been exhausted.[4] The local planning unit in such an area where
waste is exported, must have a detailed plan to phase-out export as soon as
practicable. The department shall
determine a deadline for phase-out of export in localities.
2. The objective of consumed products and solid waste management is
to minimize impacts to the environment during the product lifecycle
(extraction, manufacturing, transportation, use, discard) and while encouraging
methods to reduce waste generation, to strive towards maximum reduction, reuse,
and recycling of discards. By 2015 each
locality must achieve 75% diversion from disposal based on a baseline of waste
generated in 2005. By 2025, each
locality must achieve 95% diversion from disposal based on a baseline of waste
generated in 2005. [5] The definitions of solid waste,
recyclables, reusables, and preventables shall be developed by the department
and standardized across the state for purposes of this Act.
23.
34. This policy, after
consideration of economic and technical feasibility, shall guide the solid
waste management programs and decisions of the department,
and other state agencies and authorities, and local solid waste planning units.
§ 7. Such
law is amended by adding two new sections 27-0107 and 27-0109 to read as
follows
§27-0107. Local
solid waste management plans; purpose and scope
1. Purpose and scope.
(a) A planning
unit may must undertake and complete a
timely process leading to a local solid waste management plan for such unit for
at least a ten-year period. For purposes of this section and section 27-0109 of
this article, "planning unit"
shall mean a county, two or more counties acting jointly, a local government
agency or authority established pursuant to
state law for the purposes of managing
solid waste, or two or more other municipalities which the department
determines to be capable of implementing a regional solid waste management
program.
(b) The local solid waste management plan, plan
modifications and updates shall:
(i) characterize the solid waste stream to be managed
in the planning period, no less frequently than once every five years. Such characterization shall include categories and
subcategories of recyclable and compostable materials, discarded durable
products, nondurable products, containers and packaging, shall assess toxic
materials contained in products, and shall be performed for all major
generating sectors (residential, commercial, institutional, and industrial) and
for major political subdivisions within the planning area. The department shall prepare regulations
detailing minimum requirements for waste characterization studies and guidance
for conducting such studies;
(v ii) set forth waste prevention, reuse, recycling and
composting targets to be accomplished by the end of each 10-year planning
timeframe and interim goals, with a sufficient number and array of clearly
stated commitments (milestones) for each waste prevention/management method in
each year of the plan to accomplish the stated targets, and a
timetable for implementing the plan. The plan’s
timetable must be aligned with solid waste management policy and targets in
Sec. 106;
(iii) include and/or change milestones in the plan, plan update or
modification to address to the maximum
extent practicable the comments and views expressed by concerned
governmental, environmental, commercial and industrial interests and the public
on the waste reduction, recycling, reuse and disposal alternatives;
(ii iv) characterize and quantify assess the progress (towards State solid waste targets as stipulated
in this Act – achieving maximum prevention, reuse, recycling) of existing solid
waste management programs, incentives, directives, legislation, operations and
facilities since issuance of the previous plan, update or modification;
(v) characterize and quantify expected progress towards prevention
and diversion targets stipulated in this Act, and environmental, economic, and
social impacts of alternate
proposed solid waste management programs, incentives, directives, legislation, operations and
facilities. (Such
alternate solid waste management measures or plans may be proposed by local
legislative bodies or the public.)
(iv
vi)
identify the parties with responsibility to implement each element of the plan
and the steps which must be undertaken by each and a timetable by which they will be
accomplished. The State will establish a hierarchy of
parties with responsibility among its own agencies or departments, and name a
lead agency for assigning responsibilities for planning and enforcement of plan
components. Likewise, Local Planning
Units must assign specific responsibilities for planning and enforcement of
plan components.
(vi vii)
describe the participation in the preparation of the plan of each municipality
which has chosen to participate in such preparation; and
(vii viii)
describe (A) measures undertaken by the municipalities participating in
the planning unit to secure participation of neighboring jurisdictions, (B) the limitations, if any, imposed by the proposed plan on solid waste
management alternatives available to such
neighboring jurisdictions, and (C) alternatives which would be
available if a local solid waste management plan including such jurisdictions
were prepared. Specific written suggestions received from neighboring
jurisdictions shall be summarized and reflected in the plan.
(ix) Plans must be updated every two years, and include status reports, detailing accomplishments and difficulties, for all programs, initiatives, proposed legislation, operations, facilities contained in the plan, and report on progress towards goals. Copies of new research and marketing studies, educational campaign literature, waste characterization studies, and diversion rates and generation rates achieved for all sectors and political subdivisions compiled by the local planning unit, and local budgets specifically committed to the achievement of the plan’s diversion and prevention targets, broken down by allocations to waste prevention, reuse, recycling, must be included in every update.
(x) Plan modifications will be required in the event of a major change in the availability of prevention, processing, transportation, or disposal capacity.
(xi) Plans must include measures to determine where and why (1) participation rates for recycling, composting, and reuse are lowest, and (2) waste generation rates are highest, and to bring these areas into line with State policy objectives of this Act.
(xii) Plans for (and status reports on) research projects
and implementing pilots (including but not limited to reducing waste
generation, increasing and improving reuse infrastructure and transportation,
improving reuse, recycling, and composting technology, adapting Pay As You
Throw, agency environmental procurement practices, improving and targeting
education and enforcement in all generating sectors, public space recycling,
legislative initiatives and incentives to encourage reuse, recycling, and
composting businesses, and municipal and institutional environmental
procurement) must be included in all plans, updates, and modifications.
(xiii) Plans must include the costs and benefits (including, but not limited to, avoided costs of disposal, reduced health care costs, transportation costs, value added from reuse, recycling, and composting, revenues from economic development, etc) of each prevention, reuse, recycling, composting, incineration, landfill, collection, and export program, the tonnage diverted to each.
(c) Such plan shall take into account the objectives
of the state solid waste management policy, provide for or take into account
management of all solid waste within the planning unit, and embody, as may be
appropriate to the circumstances, sound principles of solid waste management,
natural resources conservation, energy production, and employment creating
opportunities.
(d) Such plan is authorized to include and
shall utilize, to the extent practicable, prepared resource materials or
generic analyses so as to minimize the development and use of
original data to degrees of detail not pertinent to the circumstances.
(d) The department shall prepare a bi-annual report on Best
Practices and Technologies for maximizing waste prevention, reuse, and
recycling, as guidance for localities to use in preparing and implementing
plans.[6] The department shall conduct training
sessions for planning units in these State-of-the-Art best practices and
technologies. Funding to assist in implementing the requirements of this Act,
for review of local solid waste management plans, research studies and pilots,
bi-annual report on State-of-the-Art, and enforcement of these provisions by
the department, local planning authorities, public advisory bodies and
colleges, shall come from a fund earmarked for these purposes and generated by
fees levied on each ton of localities’ waste exports and each ton of waste
generated. These reports shall be publicly available on the internet. [7]
(e) A plan, plan update, or modification may must be submitted to the
department by a planning unit within the required timeframe . These deadline dates shall be established
through regulation. on its own
initiative or upon the request of the participating municipalities. If the planning
unit misses a deadline for submittal of a plan, State funding for other
purposes shall be withheld and an administration, legislative body and/or
planning unit shall be penalized.) [8] The department shall review such plan and advise the
planning unit that:
(i) the plan contains the elements set forth in
paragraph (b) and (c) of this subdivision and meets targets established in § 27-0106. Sec. 2. Thereafter such plan shall become the local
solid waste management plan in effect for such municipalities; or
(ii) the plan as submitted does not contain the
elements set forth in paragraph (b) and (c) of this
subdivision or
does not meet targets established in § 27-0106.
Sec. 2. The department shall state the reasons for its
determination under this subparagraph. If the plan is
found by the department, local legislative authority, or local or state public
waste advisory body, to be deficient in any of the requirements in (b) or (c),
or § 27-0106. Sec. 2, the
planning unit must correct the deficiencies and resubmit to the
department. The department shall review
whether the plan or plan update or modification properly addresses the
requirements in sections (b) and (c) of this subsection, as well as State solid
waste management policy, irrespective of whether a local legislative authority
has approved such plan, plan update or modification. If the plan, as resubmitted, does not
adequately address all deficiencies as identified by the department, State
funding for other purposes shall be withheld and the responsible planning unit
shall be penalized. If the plan’s report
of past performance demonstrates that the locality has exceeded the diversion
targets, or reached them earlier than required, the department or state
legislature may provide funding to the local government as a reward.
(iii) If the planning unit makes inadequate progress towards achieving
state solid waste management policy objectives and targets or if it does not
implement the commitments made in its plan, plan updates, or plan
modifications, State funding for other purposes shall be withheld and/or the
responsible planning unit shall be penalized. [9]
The only relevant circumstances preventing a city, county, or regional agency from meeting the requirements of this section, including inadequate progress towards achieving State policy objectives / targets / diversion requirements, include, but are not limited to, all of the following:
(1) Natural disasters or acts of terrorism
(2)
Budgetary conditions within a city, county,
or regional agency that could not be remedied by the imposition or adjustment
of solid waste fees.
(3)
Work stoppages that directly prevent a city,
county, or regional agency from implementing its source reduction and recycling
element or household hazardous waste element.
Deadline extensions may be given by the department in such
instances.
In addition, the department shall consider all of the following:
(1)
The extent to which a city, county, or
regional agency has implemented additional source reduction, reuse, and
recycling activities to comply with the diversion requirements.
(2)
The extent to which a city, county, or
regional agency is meeting the diversion requirements
(3)
Whether a local jurisdiction has provided
information to the department concerning whether construction and demolition
waste material is at least a moderately significant portion of the waste
stream, and, if so, whether the local jurisdiction has adopted an ordinance for
diversion of construction and demolition waste materials from solid waste
disposal facilities, has adopted a model ordinance for diversion of
construction and demolition waste materials from solid waste disposal
facilities, or has implemented another program to encourage or require
diversion of construction and demolition waste materials from solid waste
disposal facilities. [10]
Any decision to suspend a waste prevention, reuse, or recycling
program or substantially reduce its funding by a planning unit or local
legislative authority without substitution of superior measures to accomplish
the same objectives, shall be penalized by the state.
(iv) All plans and appendices, associated reports, and department reviews
of plans, shall be immediately and publicly available on the internet.
(f) For purposes of this subdivision, the department shall not serve as lead agency as defined in
subdivision six of section 8-0111 of this chapter. [11]
(g) For purposes of this section, "solid waste" shall have the
same meaning as is found in subdivision one of section 27-0701 of this article,
but shall not include source, special nuclear or by-product material as defined
in the atomic energy act of 1954,' as amended, or hazardous waste which appears
on the list or satisfies the characteristics of hazardous waste promulgated
pursuant to section 27-0903 of this article or, low level radioactive waste as
defined in section 29-0101 of this chapter. But
it should include products sold for use in households and businesses that
contain toxic constituents.
(h) For purposes of this Act, “discards” shall have the meaning of
any products, packaging, or materials, capable of being prevented, reused,
recycled, or not.
2. The department shall promulgate rules and
regulations in accordance with the provisions of the state administrative
procedure act for the implementation of this section and section 27-0109 of
this article.
1 42 U.S.C.A. § 2011 et seq.
[1] (Legislative
Intent of amendments: The solid waste
planning process should be mandatory, done according to statewide standards,
designed to accomplish prevention, reuse, recycling and composting targets, and
done on a schedule. Because definition
of what is considered to be recyclable is critical to the establishment of
targets, definitions of reusable, recyclable, and compostable materials needs
to be stated here. If the definitions
are to be liberal, as the state currently uses, including car bodies, C&D,
and so forth, the mandated targets need to be considerably higher / sooner than
if the City’s definitions of recyclables is used. The targets and dates should also be included
here. DEC should be required to take on
more responsibility both in providing guidance to municipalities to assist in
planning and implementation, but also in enforcing the requirements of this Act
as regards the sufficiency of local solid waste plans. Multiple revenue sources to provide a
reliable source of funding to assist DEC, Empire State Development, and local
planning units in research studies and projects, preparing state guidance for
localities, local planning, and implementation of innovative waste prevention,
reuse, recycling, and composting measures designed to achieve targets of this
Act, are described. Measures to penalize
localities for late or insufficient plans, for not implementing commitments in
plans, and for not achieving state mandated targets are described. Fees designed to discourage waste generation
and waste export are described.)
[2] As we continue to use more and more recycled feedstock,
“original intended use” is not the most relevant criterion. The emphasis on
“reuse” is to avoid, whenever possible, complete remanufacturing of products.
[3] We should move away from perpetuating the myth of disposal. Landfills are storage sites. Unfortunately, there is no guarantee that the systems (both mechanical and financial) we have put in place to protect the environment will last longer than the danger posed by the material we place there.
[4] A good faith
effort means a locality has to 1) have a policy encouraging or requiring
prevention, reuse, and recycling, 2) have sufficiently funded all components of
its prevention, reuse, and recycling plan and 3) have enacted and adhered to
its recycling enforcement policy.
[5] The Grassroots Recycling Network www.grrn.org and the Zero Waste Campaign’s
report http://www.consumersunion.org/pdf/ZeroReport.pdf
have examples of businesses and governments that are planning for, moving
towards and achieving close to Zero Waste.
In the 1980s, the
[6]
[7] The preceding
can be adapted from California Law for this provision: 41850.5. Any administrative civil penalty
imposed by the department shall be deposited in the Local Government Assistance
Account, which is hereby created in the Integrated Waste Management Fund. Any
funds deposited in that account shall be used solely for the purposes of
assisting local governments in complying with the diversion requirements, and
shall not be used by the department for administrative purposes. Vermont has a tax
on hazardous waste that funds the cost prepping SWMPs, costs of developing
markets for recyclable materials, etc. (Of course, we would like to see
[8]
This
would be similar in intent to the withholding of Federal highway funds and the
amounts of penalty should be spelled out here.
[9] Adapt the
[10] The foregoing three paragraphs were adapted from
[11] WHAT??? Who shall be lead agency?