N.Y. Comp. Codes R. & Regs. tit. 6 § 360.8

Current through Register Vol. 46, No. 18, May 1, 2024

Section 360.8 - Prohibited siting

(a) Special flood hazard areas. A new facility or the lateral expansion of an existing facility, must not be located in a special flood hazard area, unless provisions acceptable to the department have been made to prevent flooding of the facility, constriction of floodwaters, reduction in the temporary storage of floodwaters, and washout of solid waste. The facility must not pose a significant hazard to human life, wildlife, fisheries, or land or water resources.

(b) Endangered species. A new facility or the lateral expansion of an existing facility must not be designed, built, or operated in a manner that causes or contributes to the taking of any endangered or threatened species or to the destruction or adverse modification of their critical habitat, unless the required permits are obtained from the appropriate federal agency and/or the department.

(c) Wetlands. A new facility or the lateral expansion of an existing facility must not occur within the boundary of either state or federally regulated wetlands, unless the required permits are obtained from the U.S. Army Corps of Engineers and/or the department.

(d) Long Island. A composting facility, mulch processing facility, or construction and demolition debris handling and recovery facility located in Nassau or Suffolk County must not be operated within a mine subject to regulation under article 23 of title 27 of the ECL.

(e) Cannabis. No facility, other than one located at the site of waste generation, shall accept cannabis waste from a cannabis business or processor unless it has been rendered unrecoverable and beyond reclamation in accordance with methods acceptable to the Department of Health.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 360.8

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