LSWMP Formal Approval Process
This page describes some of the procedures involved in DEC approval of a Local Solid Waste Management Plan (LSWMP). More details on these procedures can be found in 6 NYCRR Section 360-15.10.
All LSWMPs must be submitted to DEC in draft for approval.
DEC reviews the draft LSWMP to determine whether it effectively addresses all matters required by 6 NYCRR 360-15.9
If it does not, DEC will specify the matters in which the draft LSWMP is deficient (review letter). The Draft LSWMP must be revised based on DEC comments. It is possible that more than one round of comments and revisions may occur to the LSWMP document.
Once DEC determines that the draft LSWMP is a substantive consideration of the elements in 360-15.9, DEC provides notice to the Local Planning Unit of its intent to approve the LSWMP. This notice is colloquially known as the "approvable letter".
DEC recommends that the Local Planning Unit conduct the Public Comment period after receipt of the "Approvable Letter" from DEC. This sequence serves to avoid the potential for needing two Public Comment Periods, once for the Draft and once for the Final LSWMP, if significant changes are made after DEC review. The same recommendation applies to the resolution from the Governing Board, described below.
The Approvable Letter indicates that the Local Planning Unit must submit to DEC:
- A Final stand-alone LSWMP
- A Resolution of adoption of the LSWMP from the Local Planning Unit's Legislative Board.
- An EIS for the adoption of the LSWMP, SEQR findings statement --OR- negative declaration
Once DEC determines that the Final LSWMP, adopting resolution, and SEQR findings statement or Negative Declaration are complete and acceptable, DEC approves the LSWMP. This notice is colloquially known as the "Final Approval Letter."
The approved LSWMP becomes the LSWMP in effect for the Local Planning Unit.