N.Y. ENV Law § 29-0103

§ 29-0103. Siting criteria for permanent disposal facilities.\n 1. No later than July thirty-first, nineteen hundred eighty-seven, the\ndepartment shall publish draft regulations which specify the criteria\nfor siting permanent disposal facilities and shall promulgate final\nregulations no later than December thirty-first, nineteen hundred\neighty-seven. Such regulations shall be specific to the types of\ndisposal methods which may be employed at a permanent disposal site and\nshall include criteria for:\n a. above ground, engineered, monitored disposal;\n b. underground mined repository disposal; and\n c. where practicable, other disposal methods for which there are\napplicable regulations but in no event including shallow land burial.\n Such regulations shall specify the minimum characteristics a disposal\nsite and a disposal method must have under existing federal and state\nlaw to be acceptable for use for permanent disposal facilities.\n 2. The department shall hold hearings on the proposed siting criteria\nregulations.\n 3. In adopting the siting criteria regulations the department shall\nnot be subject to the requirements of sections two hundred two-a, two\nhundred two-b and two hundred two-c of the state administrative\nprocedure act.\n