§ 27-0704. Land burial and disposal in the counties of Nassau and\n Suffolk; special provisions.\n 1. Definitions. As used in this section the following terms shall have\nthe following meanings:\n a. "Clean fill" shall mean material consisting of concrete, steel,\nwood, sand, dirt, soil, glass, or other inert material designated by the\ncommissioner.\n b. A "deep flow recharge area" shall mean a sensitive recharge area\nwithin the counties of Nassau and Suffolk within the boundaries of\nhydrogeologic zones I, II and III as defined in the Long Island\nComprehensive Waste Treatment Management Plan of nineteen hundred\nseventy-eight.\n c. "Downtime waste" shall mean any treatable or burnable waste\naccumulated during a scheduled or unscheduled maintenance period of a\ntreatment facility.\n d. "Hazardous waste" shall be defined as promulgated by the provisions\nof section 27-0903 of this article.\n e. "Landfill" shall mean a disposal facility at which solid waste, or\nits residue after treatment, is intentionally placed and at which, waste\nshall remain after closure.\n f. "Long Island Comprehensive Waste Treatment Management Plan of\nnineteen hundred seventy-eight" shall mean the study prepared by the\nLong Island Regional Planning Board pursuant to section two hundred\neight of the federal water pollution control act.\n g. "Treatment facility" shall mean resource recovery, incineration,\ncomposting, or other process as approved by the commissioner through\nwhich solid waste is put in order to reduce volume and toxicity.\n h. "Untreatable waste" shall mean that material that because of its\nsize or composition cannot be processed by a treatment facility.\n 2. The Long Island Comprehensive Waste Treatment Management Plan of\nnineteen hundred seventy-eight shall be kept on file in the office of\nthe commissioner. The hydrogeologic zones and their attendant boundaries\nas specified in the aforementioned plan are hereby adopted. Any changes\nmade in the boundaries and accepted by the commissioner shall be\nconsidered as automatically adopted for the purposes of this section.\n 3. On or after the effective date of this section and except as\nprovided herein, no person shall commence operation, including site\npreparation, of a new landfill or of an expansion to an existing\nlandfill which is located in a deep flow recharge area. However, the\ncommissioner, after conducting a public hearing, may approve a limited\nexpansion of any existing landfill in a deep flow recharge area for the\nsole purpose of providing for solid waste disposal capacity prior to the\nimplementation of a resource recovery system. The commissioner shall not\napprove any such expansion unless he finds that the owner of such\nlandfill is a municipality that is implementing a resource recovery\nsystem which is acceptable to the commissioner and which will be\noperational no later than seven years after the effective date of this\nsection and that no other feasible means of solid waste management is\navailable, taking into account technological, economic and other\nessential factors.\n 4. On or after the effective date of this section, no person shall\ncommence operation, including site preparation, of a new landfill or of\nan expansion to an existing landfill, which is located in the county of\nNassau or Suffolk outside of deep flow recharge areas unless:\n a. The commissioner has made an affirmative determination that such\nlandfill will not pose a threat to groundwater quality; and\n b. The owner or operator of the landfill has posted a financial\nguarantee such as, but not limited to, pollution liability insurance,\nsureties, performance bonds and/or trust funds acceptable to the\ncommissioner securing the cost of corrective treatment, or the\ndevelopment of alternative water sources, should such landfill become a\nsource of groundwater, surface water, or air pollution. The size of the\nfinancial guarantee, the financial stability of th
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