New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 377 - Siting of Industrial Hazardous Waste Facilities › Section 377.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Scope
				  and purpose.
This Part regulates the siting of new industrial hazardous
					 waste facilities located wholly or partially within the State. It establishes
					 procedures for the constituting of a facilities siting board, and defines the
					 respective roles of the department and the board. This Part also prescribes the
					 form of an application for a certificate and contains the criteria by which the
					 board will thereon make its determination.
(b)
Applicability.
Any person who commences construction or operation of a new
					 industrial hazardous waste facility on or after September 1, 1979 shall comply
					 with this Part unless specifically exempted under subdivision (f) of this
					 section.
(c)
Definitions.
As used in this Part, unless the context otherwise
					 requires:
(1)
Board
means a facility siting board constituted pursuant to this Part.
(2)
Certificate
means a
				  certificate of environmental safety and public necessity required pursuant to
				  this Part and Environmental Conservation Law article 27, title 11.
(3)
Commissioner
means the
				  Commissioner of Environmental Conservation.
(4)
Department
means the New
				  York State Department of Environmental Conservation.
(5)
Disposal
means the
				  discharge, deposit, injection, dumping, spilling, leaking or placing of any
				  industrial hazardous waste into or on any land or water, so that such waste or
				  any related constituent thereof may enter the environment or be emitted into the
				  air or discharged into any surface or ground waters of the State.
(6)
Environmental assessment
				  form
(EAF) means a form used by the department in determining the
				  environmental significance of proposed industrial hazardous waste facilities in
				  accordance with Part 617 of this Title.
(7)
Environmental Conservation
				  Law
(ECL) means chapter 43-B of the Consolidated Laws of New York
				  State.
(8)
Environmental
				  impact statement
(EIS) means a written document prepared in accordance
				  with Part 617 of this Title.
(9)
Industrial hazardous waste
means industrial waste which appears
				  on the list or satisfies the criteria promulgated by the commissioner pursuant to
				  section 27-0903 of the ECL and, until, but not after, the promulgation of such
				  list and criteria, an industrial waste or combination of wastes, which because of
				  its quantity, concentration or physical, chemical or infectious characteristics
				  may:
(i) cause or significantly contribute to
				  an increase in mortality or an increase in serious irreversible or incapacitating
				  reversible illness; or
(ii) pose a
				  substantial present or potential hazard to human health or the environment and,
				  therefore, must be segregated and excluded from the general municipal waste
				  system and sewage collection and treatment process.
The department shall make the final determination as to
					 whether an industrial waste is hazardous in accordance with its regulations and
					 guidelines.
(10)
Industrial hazardous waste treatment, storage and disposal
				  facility
shall mean a specialized facility or site, other than a sewage
				  treatment plant, used for the purpose of treating, storing, compacting,
				  recycling, exchanging or disposing of industrial hazardous waste materials,
				  including treatment, compacting, resource recovery or disposal plants, equipment
				  and furnishings thereof used for the storage, treatment, compacting, composting,
				  shredding, converting, utilization, processing, or final disposal of hazardous
				  waste, including but not limited to mechanical, chemical or thermal processing
				  systems, incinerators, sanitary landfills, other facilities for the storage,
				  reduction or conversion of hazardous waste, including but not limited to transfer
				  stations, baling facilities, railroad and maritime facilities, motor trucks or
				  vehicles and appurtenances, furnishings, equipment and machinery deemed necessary
				  thereto.
(11)
Local zoning
				  and land use regulations
mean those laws, ordinances, rules and
				  regulations adopted by a municipality pursuant to a master land use
				  plan.
(12)
Master land use
				  plan
means a long-term, general outline of projected development which
				  has been lawfully adopted by the local planning authority.
(13)
Municipality
means any
				  town, city, county or village.
(14)
Person
means any individual, public or private corporation,
				  political subdivision, government agency, industry, partnership, association,
				  firm, trust, estate or any other legal entity whatsoever.
(15)
Site
means that parcel of
				  property designated by the applicant in the application submitted pursuant to
				  this Part.
(16)
Storage
means the containment of any industrial hazardous waste,
				  either on a temporary basis, or for a period of years, in such a manner as not to
				  constitute disposal of such waste.
(17)
Title
shall mean Title 6
				  of the
Official Compilation of Codes, Rules and Regulations of the State
				  of New York.
(18)
Treatment
means any method, technique, or process, including
				  neutralization, utilized to change the physical, chemical, or biological
				  character or composition of any industrial hazardous waste in order to neutralize
				  such waste or to render it nonhazardous, less hazardous, amenable to recovery,
				  amenable to disposal or storage, safer for or amenable to transport, or reduced
				  in volume.