3. Standards for determination. The commissioner office shall find that the proposed facility provides a substantial public benefit if the applicant demonstrates to the commissioner office that the proposed facility:

A. Meets immediate, short-term or long-term capacity needs of the State;

B. Except for expansion of a commercial solid waste disposal facility that accepts only special waste for landfilling, is consistent with the state waste management and recycling plan; and

C. Is not inconsistent with local, regional or state waste collection, storage, transportation, processing or disposal.

SUMMARY

This bill proposes that any new or expanded solid waste disposal facility or any new or expanded solid waste facility that will be used for waste generated outside of the municipality in which the proposed facility is located, or outside of municipalities that have formed a regional association or have entered into on interlocal agreement for the handling of solid waste at the proposed facility, is required to obtain a determination from the State Planning Office that the proposed facility provides a substantial public benefit. The bill also eliminates the current requirement for such a determination from the Commissioner of Environmental Protection for all solid waste facilities proposed for disposal of solid waste. This bill also

clarifies that an application seeking authority to dispose of different solid waste at an existing disposal facility is considered an application for a new or expanded facility.