N.Y. Comp. Codes R. & Regs. tit. 6 § 360.11

Current through Register Vol. 46, No. 17, April 24, 2024

Section 360.11 - Comprehensive recycling analysis

The following sets forth the requirements for preparation of a municipality's comprehensive recycling analysis (CRA). The purpose of a CRA is to ensure the development and implementation of a sound, long-range, recyclables recovery program that is an integral component of a sustainable solid waste management system by a municipality, which maximizes the recovery of recyclables and reduces the amount of waste managed through thermal treatment or disposal. A CRA must consider the objectives of the State solid waste management policy set forth in section 27-0106 of the ECL and consider the goals and objectives of the current State solid waste management plan and provide for a 10-year planning period. For the purpose of Parts 360, 361, 362, 363, 365, and 369, a Local Solid Waste Management Plan satisfying the requirements of Part 366 of this Title will satisfy the preparation requirements of a CRA.

(a)CRA contents.

The CRA must include the following:

(1) An identification of the waste stream must include the following:

(i) a description of the quantity and composition of the types of solid waste contained in the municipal solid waste (MSW) (i.e., residential, commercial and institutional waste) subdivided into individual components by type, including, but not limited to: various paper grades (e.g., newspaper, corrugated cardboard, paperboard, and office paper); metal; glass; plastics; textiles; and organics (e.g., yard trimmings and food scraps);

(ii) a description of the quantity and composition of the types of waste contained in the construction and demolition (C&D) debris; industrial waste; and biosolids; and

(iii) a projection, for each year of the 10-year planning period, of the quantity and composition of the MSW generated within the municipality(ies). Projections for future MSW generation must be based on changes in population and must account for seasonal variations and any additional applicable factors impacting waste generation. The source of the data must be identified and can be a combination of data available from the department as well as other information available to the municipality. If actual data is not available or is incomplete, estimates may be developed based on available information acceptable to the department. The projection must include:

(a) the actual or estimated quantity of recyclables by type;

(b) the actual or estimated quantity of recyclables expected to be generated; and

(c) the actual or estimated quantity of recyclables that could potentially be recovered whether or not feasible at the time of CRA preparation.

(2) An evaluation of existing efforts to recover recyclables. This evaluation must include the following:

(i) an identification of existing municipal, and known private commercial, institutional, and industrial efforts to recover recyclables. Data must include quantity and types of recyclables recovered, and a description of the recyclables collection and processing programs, the organic recovery programs and the public outreach and education programs used;

(ii) a summary of any efforts to enforce local disposal and recycling laws during the previous planning period;

(iii) an identification of any volume-based pricing incentives or other financial incentives used;

(iv) a summary of current recycling market agreements;

(v) a description of any local transporter licensing requirements if applicable;

(vi) a summary of recycling data collection efforts; and

(vii) a summary assessment of any data gaps and information needs.

(3) An identification of available and potential markets for recovered recyclables. This identification must be determined by:

(i) a review of available information concerning potential markets;

(ii) a survey of potential markets for recovered recyclables including an identification of all local and regional markets contacted, and the material quality requirements and market pricing structures, if available from each of the markets contacted; and

(iii) an identification of the types of processing necessary to reduce the level of contamination and improve the separation of recovered recyclables to assure market acceptance.

(4) A description of the existing administrative and financial structure of the municipality(ies). The description must include:

(i) an organizational chart(s) depicting the staff or entities responsible for implementing each element of the solid waste management system, including but not limited to, operations, administration, finance, outreach and education, enforcement, and data collection and evaluation;

(ii) the financial structure for all solid waste management facilities and programs operated or administered by the municipality(ies) including:

(a) costs, including capital investments, insurance, operation, maintenance, closure and post-closure costs (if applicable), administration, and financing;

(b) revenues, including fees, fines, and recyclables or recovered energy revenues, general fund contributions, special district charges; and

(c) funding mechanisms that are used to finance any facility operations, maintenance, and programs and events administered by the municipality(ies);

(iii) an identification of all laws and policies related to solid waste management within the municipality(ies) along with a designation of whether the municipality(ies) has adopted and is enforcing the identified laws and policies, including but not limited to:

(a) the source separation laws adopted pursuant to section 120-aa of the General Municipal Law (GML);

(b) waste importation and/or disposal prohibitions, flow control or local waste transporter licensing laws;

(c) local product stewardship, green procurement and sustainability initiatives;

(d) zoning laws;

(e) local environmental justice requirements; and

(f) a description of any other local laws adopted or used to implement the solid waste management programs of the municipality that could affect recycling, an assessment of their effectiveness, and a description of any proposed amendments, or new legislation being considered.

(5) An identification of alternative source separation/recyclables recovery programs considered. This identification must include a qualitative assessment of alternatives and enhancements to the existing solid waste management program that will decrease the amount of waste managed through disposal and thermal treatment by increasing waste reduction, reuse and the recovery of recyclables to the maximum extent practicable over the term of the planning period. The assessment must address, at a minimum, the introduction or enhancement of the following efforts or describe why they are not applicable:

(i) waste reduction programs;

(ii) reuse programs;

(iii) recyclables recovery programs for paper, metal, glass, plastic, and textiles;

(iv) organics recovery programs for food scraps and yard trimmings;

(v) programs to develop or improve local and regional markets for recyclables;

(vi) enforcement programs;

(vii) incentive-based pricing;

(viii) education and outreach;

(ix) data collection and evaluation efforts;

(x) local waste transporter licensing programs, including an assessment of laws preventing commingling of recyclables with waste;

(xi) flow control and districting potential;

(xii) C & D debris reduction, including deconstruction, reuse and recovery programs; and

(xiii) private sector management and coordination opportunities.

The information used in the assessment of alternatives and enhancements may be drawn from a combination of technology and program summary information prepared by or compiled by the department as well as other information available to the municipality.

(6) Alternative evaluation. An evaluation of the alternatives determined to be applicable for either enhancements of existing source separation/recyclables recovery program elements or the addition of program elements. For each alternative evaluated, the following must be addressed:

(i) administrative/technical impacts. An evaluation of the economic and administrative feasibility of implementation within the municipality(ies) including the following information:

(a) the estimated quantitative and qualitative impact of each alternative on the various components of the waste stream;

(b) the appropriate types and sizing of facilities or programs needed, based on the projected quantities and composition of the solid waste generated;

(c) a summary of the cost data used for evaluation, including consideration of any available life-cycle analysis data for the various alternatives; and

(d) the impact or effect on natural resource conservation, energy production and employment-creating opportunities;

(ii) jurisdictional impacts. An analysis of the impact on neighboring planning units and other neighboring jurisdictions, and environmental justice within the municipality including:

(a) an assessment of interest in participation by other neighboring planning units or other neighboring jurisdictions;

(b) alternatives that would be available if any neighboring planning units or other neighboring jurisdictions participated;

(c) comments and recommendations received from any neighboring planning units or other neighboring jurisdictions;

(d) an assessment of the environmental justice impacts in the municipality.

(7) Selected alternatives and recyclables recovery program identification. After the various alternatives have been evaluated, a summary of the preferred alternatives and programs to be pursued by the municipality(ies) must be described, including:

(i) the alternatives chosen and reasons for their selection;

(ii) an identification of expected qualitative and quantitative impacts, including, but not limited to, waste reduction, reuse, materials recovery, increased participation in recovery opportunities and product stewardship programs, as well as any economic, administrative or partnership benefits;

(iii) an identification of the administrative, contractual, and financial requirements for program implementation; and

(iv) an identification of any new or modified local laws, ordinances or regulations that may be required to fully implement the selected alternatives;

(8) Implementation schedule. An implementation schedule, must be included with specific dates for implementation of the selected program, including dates to attain specified, progressively decreasing quantities of MSW generated in the municipality that will be managed through thermal treatment and disposal.

(9) Projections for all MSW generated (both quantity and composition) within the municipality(ies) based on actual or estimated solid waste generation data. MSW projections must be:

(i) provided for each year of the planning period based on the implementation plan and schedule.

(ii) based on changes in population and must account for seasonal variations and any additional applicable factors impacting waste generation.

(iii) accompanied with an explanation of the assumptions and data used for:

(a) projected MSW generation;

(b) projected population, including the percentage of each generating sector (i.e., residences, commercial entities and institutional establishments); and

(c) progressively-decreasing quantities of MSW generated in the municipality managed through thermal treatment and disposal.

(b)CRA approval process.

(1) A CRA submitted to the department for review and approval must be in a format acceptable to the department.

(2) The department will review the CRA to determine whether it adequately addresses all required elements identified in this section and will provide written notification to the municipality(ies) of its determination within 120 calendar days after the date the CRA is received. If written notification is not provided within 120 calendar days, the CRA will be considered approved.

(i) If the department determines that the CRA adequately addresses all required elements, the department will provide written notification to the municipality(ies) that the CRA is approved.

(ii) If the department determines that the CRA does not adequately address all required elements, the municipality(ies) will be advised of the deficiencies and will be required to resubmit a revised CRA for review. For the second and subsequent reviews of the revised CRA, the revised CRA will be considered approved if written notification to the municipality(ies) advising of any deficiencies is not provided from the department within 60 calendar days of receipt of the revised CRA.

(c)CRA revocation.

(1) The department may revoke approval of a CRA if the municipality fails to adhere to all or a substantial portion of its commitments and responsibilities under this section or the approved CRA. The department will issue a written declaration of its intent to withdraw approval of the CRA that identifies what must be provided to bring the CRA back into effect. The CRA will no longer be in effect within 30 calendar days of the declaration of intent if no objection is received from the municipality.

(2) Within 30 calendar days of receipt of the written declaration from the department, the municipality may submit a written objection to the department giving reasons why the CRA should not be revoked. The department will respond to the municipality within 30 days of receipt of the objections and either ask for additional information, approve the request to keep the CRA in effect, or revoke approval of the CRA.

(3) The municipality has the right to request a hearing if the department issues a written notice of intent to revoke approval of the CRA. Such requests must be received by the department within 30 days of the issuance of a written declaration of intent to revoke.

(d)CRA reporting.

(1) An annual report must be submitted no later than May 1^st of each year.

(2) The annual report must include the following:

(i) implementation schedule progress;

(ii) waste generation and recovery data; and

(iii) updated MSW projections.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 360.11

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