New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 360 - Solid Waste Management Facilities › Section 360.4 - Transition

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided in this Part or in Parts 361,
					 362, 363, 364, 365, 369 or Subpart 374-2 of this Title, the following constitute
					 the transition rules for persons subject to this Part.
(a) A permitted facility or transporter must
				  comply with the conditions of the permit and the solid waste management facility
				  regulations in effect on the day when the permit was issued for the duration of
				  the permit, unless a modification under Part 621 of this title is approved. At
				  the time of permit renewal, the application from a facility operating under the
				  Part 360 regulation in effect prior to November 4, 2017 will be considered a
				  permit modification request and the facility or transporter must comply with the
				  regulations that pertain to the type of facility or transporter in effect at the
				  time of permit renewal. Nothing in this subdivision can be construed to limit or
				  prohibit a department-initiated modification of a permit under the provisions of
				  Part 621 of this Title.
(b) Unless
				  otherwise specified in this section, a permit application that is deemed complete
				  by the department will be reviewed for conformance with the Part 360, 361, 362, a
				  nd 365 regulations in effect at the time the application was deemed
				  complete.
(c) Subpart 361-5
				  Facilities
(1) Except as noted within this
				  subdivision, facilities subject to Subpart 361-5 of this Title must comply with
				  all applicable operating requirements of those regulations within 180 days of the
				  effective date of this rulemaking. Facilities subject to Subpart 361-5 which hold
				  registrations issued prior to November 4, 2017 under section
				  360.16  must submit a new registration
				  within 180 days of the effective date of this rulemaking. Until the department
				  makes a determination regarding issuance of a new registration for a facility
				  subject to 361-5, the facility must continue to comply with the conditions of the
				  registration in effect.
(2) Existing
				  facilities that hold registrations issued prior to November 4, 2017 under section
				  360.16  of this Part and which now
				  require a permit to operate under Subpart 361-5 of this Title must have a
				  complete application on file with the Department within 365 days of the effective
				  date of this rulemaking. A complete application must contain sufficient
				  information to define the activities to be conducted at the facility, but it need
				  not include all the discrete technical details that will be required to be
				  included for the technical review, and any applicable State Environmental Quality
				  Review Act requirements must be commenced, but a negative declaration or
				  acceptance of a draft environmental impact statement need not be completed by the
				  end of the 365-day term. Facilities must remain in compliance with the conditions
				  of the registration issued under section
				  360.16  of this Part until a permit is
				  issued by the department.