§ 27-0707. Permits for new solid waste management facilities.\n 1. On and after the effective date of the initial rules and\nregulations of the department promulgated pursuant to subdivision one of\nsection 27-0703, no person shall commence operation, including site\npreparation and construction, of a new solid waste management facility\nuntil such person has obtained a permit pursuant to this title.\n 2. The rules and regulations adopted by the department to implement\nthis article and the provisions of article seventy of this chapter and\nrules and regulations adopted thereunder shall govern permit\napplications, renewals, modifications, suspensions and revocations under\nthis article. The administration of such permit applications shall be in\naccordance with article eight of this chapter. The rules and regulations\nadopted by the department to implement this article shall specify, at a\nminimum:\n a. that an application for a permit to construct, or to renew a permit\nto operate, a solid waste management facility shall not be complete\nunless the application includes a description of how the proposed\nfacility is consistent with the state solid waste management policy\nidentified under section 27-0106 of this article.\n b. that on or after April first, nineteen hundred ninety-one an\napplication for a permit to construct a solid waste management facility\nmade by or on behalf of a municipality in a planning unit shall not be\ncomplete until a local solid waste management plan which contains all of\nthe elements set forth in paragraph b of subdivision one of section\n27-0107 of this article is in effect for such municipality; provided,\nhowever, that this requirement may be waived by the commissioner for a\npermit to construct a solid waste management facility designed for the\ntreatment, storage or disposal of sewage sludge and needed to implement\na project described in subparagraph one of paragraph (c) of subdivision\nthree of section ninety-seven-m of the state finance law that will\nexpedite compliance with the Ocean Dumping Ban Act of 1988. For any\nsuch permit application submitted by a municipality prior to April\nfirst, nineteen hundred ninety-one, the department shall, upon issuance\nof a permit, require as a permit condition that the municipality or\nplanning unit of which it is a part have in effect a local solid waste\nmanagement plan which contains all of the elements set forth in\nparagraph b of subdivision one of section 27-0107 of this article by a\ndate certain, which shall be no sooner than April first, nineteen\nhundred ninety-one, unless otherwise agreed by the municipality, and\nwhich shall be no later than April first, nineteen hundred ninety-two.\nFor any such permit application submitted on behalf of a municipality\nprior to April first, nineteen hundred ninety-one, the department shall\nrequire as a permit condition that the proposed solid waste management\nfacility shall be prohibited from accepting waste from such municipality\nby a date certain, which shall be no sooner than April first, nineteen\nhundred ninety-one and no later than April first, nineteen hundred\nninety-two, unless such municipality or the planning unit of which it is\na part has in effect a local solid waste management plan which contains\nall of the elements set forth in paragraph b of subdivision one of\nsection 27-0107 of this article. For purposes of this paragraph,\n"planning unit" shall have the same meaning as set forth in subdivision\none of section 27-0107 of this article.\n c. that a permit will be issued only if:\n (1) the proposed facility will be in full compliance with the\napplicable rules and regulations in effect on the date of submission of\nthe permit application; and\n (2) there has been opportunity for public review and comment at\nrelevant stages of the project planning process; and\n (3) a determination has been made that the proposed facility will not\nresult in unfair competition between muni
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