NY Env Conserv L § 27-2303 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 23 - Vehicle Dismantling Facilities 27-2303 - Regulation of Vehicle Dismantling Facilities.

* § 27-2303. Regulation of vehicle dismantling facilities.   All  vehicle  dismantlers  owning  or  controlling  a facility for the dismantling of end of life vehicles on site  shall  be  subject  to  the requirements of this title.   1.  An  annual  report  shall  be  submitted  to the department, to be included on the department's website, including, but not be limited  to, the following:  (a) the number of end of life vehicles received at the facility;  (b)  the  number  of end of life vehicles crushed and removed from the facility;  (c) the number of end of life vehicles stored at the facility  at  the end of the reporting year;  (d)  the  approximate  area at the facility used for storage of end of life vehicles;  (e) the quantities of waste vehicle fluids extracted from end of  life vehicles  received  and  their disposition, including the quantity sold, used on-site, stored on-site, and disposed; and  (f) the number and if  applicable  nature  of  any  violation  of  all applicable rules and regulations of the state.   2.  All  fluid  draining,  removal, and collection activities shall be conducted on asphalt or concrete surface or other  surface  that  allows equivalent  protections  to surface and groundwater. Such surfaces shall be cleaned daily, or more frequently when spillage has  occurred,  using absorbent materials that are collected and properly disposed of.   3.  All  fluids  shall  be completely drained, removed, collected, and stored for appropriate use, treatment or disposal.   4. End of life vehicles arriving at the facility  shall  be  inspected upon  arrival for leaking fluids and unauthorized waste. Leaks should be remedied or contained to avoid releases of fluids to the environment.   5. Prior to vehicle crushing or  shredding,  the  following  potential environmental   contaminants   shall   be  drained,  removed,  deployed, collected and/or stored, as appropriate  and  in  accordance  with  best management practices:  (a)  fluids including engine oil, transmission fluid, transaxle fluid, front and rear axle fluid, brake fluid, power steering  fluid,  coolant, and fuel;  (b) lead acid batteries;  (c) small PCB capacitors, mercury switches or other mercury containing devices;  (d) refrigerants used in automobile air conditioning systems; and  (e) air bags are deployed or removed.   6.  Fluids  shall  be  contained  in  an appropriate container for the specific waste vehicle fluid. Fluids that are stored shall be placed  in closed  containers.  The  containers  shall  be  in  good condition. The containers  shall  be  clearly  and  legibly  marked  as  to   contents. Containers  shall  be  stored on a bermed asphalt or concrete surface or surface that allows equivalent protection to groundwater.   7. Lead acid batteries shall not be stored on  the  ground.  All  lead acid  batteries  shall  be  covered by a tarp or other means in a manner that severely restricts water from coming into  contact  with  the  lead acid battery. Leaking batteries shall be stored in a leakproof container separately  from  intact  lead acid batteries and provisions shall be in place to absorb any leakage.   8. Small PCB capacitors, mercury switches and other mercury containing devices  shall  be  stored  in  an  appropriate  labeled  container  for recycling or disposal.    9.  No more than one thousand waste tires off vehicles shall be stored at the facility at any one time unless a permit is obtained pursuant  to this title.   10.  Fluids  shall  not  be intentionally released on the ground or to surface water.   11. Ensure  the  safe  storage  of  automobiles  at  such  facilities, including the regulation of stacking automobiles.   12.  Access to and use of facility shall be continuously controlled by fencing, gates, signs, or natural barriers.   13. Vegetation shall be controlled to prevent encroachment  into  fire access  lanes or driveways at the facility and to decrease the potential of fire.   14. Ensure the safe handling, processing and storage of any  residues, including,  but not limited to, product left over after an automobile is crushed and parts have been extracted, in such a manner  as  to  prevent off-site migration or run-off.   15.  Dust  shall  be  effectively  controlled  so  to not constitute a nuisance or hazard to health, safety, or property.   16. The facility shall be maintained  so  as  to  prevent  or  control on-site   populations   of  vectors  using  techniques  appropriate  for protection of human health and the environment and prevent the  facility from being a vector breeding area.   17.  The  facility  shall  have  a  contingency  plan which includes a description of the actions to be taken  by  facility  employees  in  the event  of  a  fire,  a  spill  or  release  of  vehicle waste fluids, or unauthorized material is received at the facility.   18. Upon the receipt of an end of life vehicle, the date  that  it  is received shall be recorded and maintained on-site.   * NB There are 2 § 27-2303's