N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 366-5.1

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

Section 366-5.1 - LSWMP biennial update

(a) LSWMP biennial update submittal.

A LSWMP biennial update must be submitted to the department for review and approval no later than October 1st of every other year following approval of the LSWMP.

(b) LSWMP biennial update content.

A LSWMP biennial update consists of a summary report, solid waste and recyclables data, any updates to sections of the LSWMP that reflect changes to the LSWMP, and a revised implementation schedule and associated projections incorporating any changes necessary to reflect the current program.

(1) The summary report must include:

(i) any changes to the planning unit structure;

(ii) actual waste generation, recycling and disposal data for MSW, C&D debris, industrial waste, biosolids, and any other waste streams evaluated in the original plan. At a minimum, comparisons with and reasons for deviations from projections for the MSW stream should be included;

(iii) a discussion of any changes to solid waste management practices;

(iv) a summary of outreach and education activities;

(v) a description of efforts to ensure compliance with local recycling laws;

(vi) any obstacles preventing the planning unit from implementing tasks and/or achieving the goals of the LSWMP; and

(vii) the status of conformance with the implementation schedule, including discussion of reasons for deviating from the implementation schedule.

(2) Solid waste and recyclables data must be submitted to the department on forms acceptable to the department and must contain:

(i) the names and locations of all known facilities that accepted waste or recyclables from the planning unit during the previous two years; and

(ii) for each facility, the quantity and type of waste and recyclables sent to the facility. The type of waste must include all known MSW, C&D debris, industrial waste, and biosolids streams. Recyclables for recovery must include separate categories for the various paper components, glass, metal, plastics, textiles, organics etc.

(3) Updates to sections of the LSWMP must be submitted that reflect any significant changes to the LSWMP.

(4) The revised implementation schedule and waste projections must comply with the requirements of sections 366-2.6 and 366-2.7 of this Part.

(c) LSWMP biennial update review and approval.

The department will review the LSWMP biennial update to determine whether it adequately addresses all required elements identified in this section and will provide written notification to the planning unit of its determination within 60 calendar days after receipt. If written notification is not provided within 60 calendar days, the LSWMP biennial update will be considered approved.

(1) If the department determines that the LSWMP biennial update adequately addresses all required elements, the department will provide written notification to the planning unit that the LSWMP biennial update is approved.

(2) If the department determines that the LSWMP biennial update does not adequately address all required elements, the planning unit will be advised in writing of the deficiencies and will be required to resubmit a revised LSWMP biennial update for review. For the second and subsequent reviews of the LSWMP biennial update, the LSWMP biennial update will be considered approved if written notification to the planning unit advising of any deficiencies is not provided from the department within 45 calendar days.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 366-5.1

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