(a) the public need for the facility and the basis thereof;
  (b)  the  nature  of  the  probable  environmental impact, including a
specification  of  the  predictable  adverse  effect   on   the   normal
environment,  public health and safety, aesthetics, scenic, historic and
recreational value, forest and parks, air and water  quality,  fish  and
other marine life and wildlife;
  (c) that the facility (i) represents the minimum adverse environmental
impact,  considering  the  state of available technology, the nature and
economics of the various alternatives, the interests of the  state  with
respect to aesthetics, preservation of historic sites, forest and parks,
fish  and  wildlife,  viable  agricultural  lands,  and  other pertinent
considerations, (ii) is compatible with public  health  and  safety  and
(iii)  will  not discharge any effluent that will be in contravention of
the standards adopted by the department of  environmental  conservation,
or  in  case  no  classification  has  been made of the receiving waters
associated with the facility, will not discharge any effluent that  will
be  unduly  injurious  to  the  propagation  and  protection of fish and
wildlife, the industrial development of the state, and public health and
public enjoyment of the receiving waters;
  (d) that the facility  is  designed  to  operate  in  compliance  with
applicable  laws  and  regulations  concerning, among other matters, the
environment, public health and safety, all of  which  shall  be  binding
upon  the applicant, except that the board may refuse to apply any local
ordinance, law, resolution or other  action  or  any  regulation  issued
thereunder  or  any  local  standards  or  requirement  which  would  be
otherwise applicable if  it  finds  that  as  applied  to  the  proposed
facility  such  is  unreasonably  restrictive  in  view  of the existing
technology or the needs of or costs to residents of  the  state  whether
located  inside or outside of such municipality. The board shall provide
the municipality an opportunity to present evidence in support  of  such
ordinance,  law,  resolution,  regulation,  or other local action issued
thereunder;
  (e) that the facility will be constructed, maintained and operated  in
such  a  way  as  to  adequately  safeguard the health and safety of the
state's residents and the quality  of  its  environment,  and  that  the
proposed  plans  for decontamination and decommissioning of the facility
and  for  removal  of  the  nuclear  waste proposed to be stored therein
provide reasonable assurance that the health and safety of  the  state's
residents  and  the  quality  of  its  environment  will  be  adequately
protected;
  (f) that neither the state nor any of  its  agencies,  public  benefit
corporations,  municipalities  or  political  subdivisions will bear any
financial liability in connection with  the  construction,  maintenance,
operation,  decontamination  or  decommissioning of the facility, beyond
that stated and disclosed in the application; and
  (g) that the facility will be in the public interest.
  3. The board shall hold a final meeting open to the public  and  shall
issue  a  final decision within eighteen months of the date of its first
meeting on the application.
  4. The board shall cause to be kept  a  stenographic  record  of  each
hearing  and  meeting  had pursuant to this article which, together with
the written report of the results of any study introduced therein, shall
constitute the record of the case.
Structure New York Laws