N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 366-5.2

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

Section 366-5.2 - Optional LSWMP planning period extension

(a) Optional planning period extension. A planning unit may elect to add an additional two years to a planning period and extend their approved LSWMP expiration date by two years.

(b) Optional planning period extension submittal. An optional planning period extension submittal must be submitted to the department for review and approval no later than October 1st as part of their LSWMP biennial update submittal.

(c) Optional planning period extension submittal content. The planning unit must submit all the required information identified in sections 366-2.5 through 366-2.7 of this Part governing an additional two-year period. Solicitation of public comment in accordance with Subpart 366-3 of this Part is not required as part of the optional planning period extension.

(d) Optional planning period extension submittal review and approval. The department will review the optional planning period extension submittal 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 optional planning period extension submittal will be considered approved.

(1) If the department determines that the optional planning period extension submittal adequately addresses all required elements, the department will provide written notification to the planning unit that the optional planning period extension submittal is approved.

(2) If the department determines that the optional planning period extension submittal 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 optional planning period extension submittal for review. For the second and subsequent reviews of the optional planning period extension submittal, the optional planning period extension submittal 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.

(e) A maximum of five two-year planning period extensions from the expiration date of the approved LSWMP may be requested and approved by the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 366-5.2

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