N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 366-2.5

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

Section 366-2.5 - Alternatives evaluation and selection

A LSWMP 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 include the following:

(a) Alternatives Assessment. The alternatives assessment must address, at a minimum, the introduction or enhancement of the following efforts or describe why they are not applicable:

(1) waste reduction programs;

(2) reuse programs;

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

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

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

(6) enforcement programs;

(7) incentive-based pricing;

(8) education and outreach;

(9) data collection and evaluation efforts;

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

(11) flow control and districting potential;

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

(13) private sector management and coordination opportunities;

(14) management of waste through thermal treatment technologies; and

(15) waste disposal options.

The information used in the alternatives assessment 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 planning unit.

(b) Alternative Evaluation. A LSWMP must include an evaluation of the alternatives that may enhance existing solid waste management program elements or add new program elements. For each alternative evaluated, the following must be addressed.

(1) Administrative/Technical Impacts. An evaluation of the economic and administrative feasibility of implementation within the planning period including the following information:

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

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

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

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

(2) Jurisdictional Impacts. An analysis of the impact on neighboring planning units and other neighboring jurisdictions, and environmental justice within the planning unit, including:

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

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

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

(iii) an assessment of the environmental justice impacts in the planning unit.

(c) Selected Alternatives and Programs Identification. After the various alternatives have been evaluated, a summary of the preferred alternatives and programs to be pursued by the planning unit must be described in the LSWMP, including:

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

(2) 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;

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

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

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 366-2.5

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