How does New York City’s Solid Waste Plan affect the state’s waste management policy?
New York City’s export policy is at odds with state policy set forth in the Solid Waste Management Act of 1988, making landfilling the least desireable of four waste management practices, after reduction, reuse, and recycling. (ECL § 27-0106). The May, 2000 “Draft Modification” of the city’s Plan includes responses to comments made on the Plan’s “Final Scoping Document.” These responses make it clear the city’s Plan “will assess impacts within NYC only.” (See responses to Issues 13.4.1 and 17.7) Out-of-City disposal sites elsewhere in New York State “are not the subject of this Plan EIS.” (SWMP 1.2.2) In 1996 the Fresh Kills Task Force recommended that the consent of proposed host communities where the city’s garbage would ultimately go be secured as a precondition for garbage “export” contracts. Mayor Giuliani ultimately adopted this part of the Task Force’s remmendations. However, in the first test of the “host community consent” policy, the Mayor’s office renounced the substance of
