N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 366-4.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 366-4.1 - LSWMP approval process

A draft LSWMP submitted to the department for review and approval must be in a format acceptable to the department.

(a) Draft LSWMP Completeness Review. The department will determine if the draft LSWMP contains all the required elements identified in this Part for purposes of commencing review and will provide written notification to the planning unit of its completeness determination within 30 calendar days of receipt of the draft LSWMP. If written notification is not provided within 30 calendar days of receipt of the draft LSWMP, the draft LSWMP will be deemed complete, by default, for the purposes of this subdivision.

(1) If the department determines the draft LSWMP is complete, or the draft LSWMP is deemed complete by default the existing LSWMP will remain in effect for the planning unit throughout the draft LSWMP review and development period, not to exceed one year from the date the draft was determined complete by the department or was deemed complete by default.

(2) If the department determines that the draft LSWMP does not adequately address all the basic elements of a LSWMP, the draft LSWMP will be deemed incomplete and the planning unit will be advised in writing of the deficiencies and will be required to resubmit a revised draft LSWMP for review. Upon resubmittal of the revised draft LSWMP, the department will review for completeness as outlined in subdivision 366-4.1(a) of this section.

(b) Complete Draft LSWMP Review. The department will review the complete draft LSWMP to determine whether it adequately addresses all required elements identified in this Part and will provide written notification to the planning unit of its determination within 120 calendar days after the date the draft LSWMP is deemed complete. If written notification is not provided within 120 calendar days, the complete draft LSWMP will be considered approvable.

(1) If the department determines that the complete draft LSWMP adequately addresses all required elements, the written notification provided by the department to the planning unit will advise that the complete draft LSWMP is approvable and that a final LSWMP must be prepared in accordance with subdivision 366-4.1(d) of this section.

(2) If the department determines that the complete draft LSWMP does not adequately address all required elements, the written notification provided by the department to the planning unit will identify the deficiencies and a revised complete draft LSWMP will be required to be resubmitted for review. For the second and any subsequent reviews of the revised complete draft LSWMP, the revised complete draft LSWMP will be considered approvable if written notification to the planning unit advising of any deficiencies is not provided from the department within 60 calendar days of receipt of the revised complete draft LSWMP.

(c) If, the approvable LSWMP differs substantively from the first draft LSWMP, as determined by the department or planning unit, the planning unit must commence an additional public comment period in accordance with Subpart 366-3 of this Part. A responsiveness summary must be submitted to the department as part of a revised approvable LSWMP, which will include all changes to the approvable LSWMP based on the additional public comments, with a letter summarizing these changes. The department will provide written notification to the planning unit within 30 calendar days of receipt of the revised approvable LSWMP whether the revised approvable LSWMP is accepted. If written notification to the planning unit is not provided within 30 calendar days, the revised approvable LSWMP will be considered accepted.

(d) Final LSWMP. Once the department provides written notification to the planning unit that the draft LSWMP is approvable or the revised approvable LSWMP is accepted, the planning unit must submit to the department the following:

(1) a final LSWMP including all corrections, changes and/or revisions resulting from any department review;

(2) a resolution(s) of adoption from all necessary planning unit members, which states that the planning unit or planning unit members, as applicable, will:

(i) adopt the LSWMP, effective upon department approval of the LSWMP;

(ii) implement and maintain the solid waste management system described in the LSWMP; and

(iii) submit biennial updates as required by Subpart 366-5 of this Part.

(e) LSWMP Approval. Once the department has determined that the final LSWMP and adopting resolution or resolutions are complete and acceptable, the department will approve the LSWMP, in writing. The LSWMP, as approved, will then be the LSWMP in effect for the planning unit for the ten-year planning period it describes.

(f) Subsequent LSWMP. At least 180 days prior to the expiration of the planning period established by an approved LSWMP, a draft LSMWP must be submitted to the Department.

(g) Optional LSWMP Planning Period Extension. As provided in section 366-5.2 of this Part, the planning period of the final LSWMP may be extended by two years as part of the biennial LSWMP update.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 366-4.1

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023