reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-2 - Designated Food Scraps Generators › Section 350-2.4 - Separation of food scraps for recycling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivision (c) of
					 this section, on or after January 1, 2022, any designated food scraps generator
					 that is within 25 miles (measured in a straight line) of an organics recycler(s)
					 or an intermediary facility used prior to recycling such as a regional
					 depackaging facility or a transfer facility, to the extent that the facility has
					 capacity to accept all of the generator's food scraps based on the department's
					 yearly estimate of an organic recycler's or intermediary facility's capacity in
					 accordance with this part, must do the following:
(1) Separate its food scraps from other
					 non-organic solid waste. The materials separated will depend on the capabilities
					 of the organics recycler or intermediary facility used by the designated food
					 scraps generator. For example, post-consumer food scraps do not have to be
					 collected by the designated food scraps generator unless the organics recycling
					 facility is capable of removing contaminants (plastics, etc.) that are likely to
					 be present with the food scraps. The designated food scraps generator can
					 determine the most efficient and appropriate separation methods for their
					 operation.
(2) Ensure proper storage
					 of food scraps on-site to prevent scraps from becoming odorous or attracting
					 vectors. Proper storage includes, for example, a container that has a lid and a
					 latch that keeps the lid closed and is resistant to tampering by rodents or other
					 wildlife and has sufficient capacity.
(3) Follow applicable New York State Department
					 of Health and New York State Department of Agriculture and Markets regulations
					 and standards.
(4) Have information
					 available and provide training for employees concerning the proper methods to
					 separate and store food scraps.
(5)
					 Obtain the services of a transporter that will deliver food scraps to an organics
					 recycler or intermediary facility, self-haul its food scraps to an organics
					 recycler or intermediary facility, or provide for organics recycling at the
					 designated food scraps generator's location. If a transporter is not available,
					 the designated food scraps generator is not required to self-haul or recycle at
					 their location.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-2 - Designated Food Scraps Generators › Section 350-2.5 - Annual reporting

Current through Register Vol. 46, No. 28, July 10, 2024
All designated food scraps generators must submit an annual
						report to the department on or before March 1 of each year, beginning in 2023, in
						an electronic format acceptable to the department. The annual report must
						include, at a minimum, the following information:
(a) the amount of edible food donated and
					 name(s) of the food relief organization(s);
(b) the amount of food scraps
					 recycled;
(c) the name of any
					 transporter used for food scraps;
(d)
					 the name of the organics recycler(s), intermediary facility, or description of
					 the on-site treatment system where the food scraps were processed; and
(e) a description of any implementation issues
					 (e.g., contamination in food scraps, inconsistent pick-ups, odors.) and actions
					 taken to address those issues.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-2 - Designated Food Scraps Generators › Section 350-2.6 - Temporary waiver

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
(1) A designated food scraps generator may
					 petition the department for a temporary waiver from some or all requirements of
					 this Part, on forms acceptable to the department. The petition must include
					 evidence of on one or more of the justifications identified in subdivision (b) of
					 this section.
(2) Other than
					 emergency waivers, a waiver petition must be submitted to the department by
					 October 1 of the year prior to the calendar year for which the waiver is
					 requested. If approved, the waiver will be valid from January 1 through December
					 31 of the following year. For emergency waivers, the petition may be submitted at
					 any time and the waiver, if approved, will be valid for up to one year.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-3 - Designated Food Scraps Generators, Organics Recyclers, and Transporters Lists › Section 350-3.1 - Designated food scraps generators list

Current through Register Vol. 46, No. 28, July 10, 2024
The department will maintain a list of all designated food
						scraps generators and make an updated list available on or before June 1 of each
						year, beginning in 2021.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-3 - Designated Food Scraps Generators, Organics Recyclers, and Transporters Lists › Section 350-3.2 - Organics recyclers list

Current through Register Vol. 46, No. 28, July 10, 2024
The department will maintain a list of organics recyclers
						and intermediary facilities and make an updated list available on or before June
						1 of each year, beginning in 2021.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-3 - Designated Food Scraps Generators, Organics Recyclers, and Transporters Lists › Section 350-3.3 - Food scraps transporters list

Current through Register Vol. 46, No. 28, July 10, 2024
The department will maintain a list of transporters that
						handle source separated food scraps and make an updated list available on or
						before June 1 of each year, beginning in 2021.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-4 - Transporter and Solid Waste Management Facility Responsibilities › Section 350-4.1 - Waste transporters

Current through Register Vol. 46, No. 28, July 10, 2024
Any waste transporter that collects food scraps from a
						designated food scraps generator required to send its food scraps to an organics
						recycler or from an intermediary facility used prior to recycling such as a
						depackaging facility or a transfer facility must comply with the
						following:
(a) transport the food scraps
					 directly to an organics recycler or to a transfer facility or other intermediary
					 facility, and notify the facility of the requirement to deliver the food scraps
					 to an organics recycler;
(b) take all
					 reasonable precautions to not deliver the food scraps to a combustion facility or
					 a landfill;
(c) keep the food scraps
					 separate from other solid waste unless the comingled waste can be processed by an
					 organics recycler or intermediary facility or unless such designated food scraps
					 generator has received a temporary waiver pursuant to this Part; and
(d) comply with the requirements of Part 364 of
					 this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-4 - Transporter and Solid Waste Management Facility Responsibilities › Section 350-4.2 - Organics recyclers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 product or material created by the recycling of food scraps must be used in a
					 beneficial manner. If the food scraps are sent to a facility that accepts
					 multiple waste streams (an anaerobic digester, for example), the portion of the
					 resultant material or product derived from food scraps must be used in a
					 beneficial manner.
(b) Upon request,
					 any organics recycler must provide information to the department concerning the
					 amount of food scraps they are processing at the time of the department's
					 request, the additional capacity (if any) available for food scraps, the types of
					 food scraps accepted, the amount of food scraps accepted from designated food
					 scraps generators (if readily available), and the names and locations of those
					 designated food scraps generators. This requirement applies to registered and
					 permitted solid waste management facilities under Parts 360 and 361 of this
					 Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-4 - Transporter and Solid Waste Management Facility Responsibilities › Section 350-4.3 - Transfer facilities and other intermediary facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Any transfer facility or other intermediary facility that
						receives notification that food scraps are required to be sent to an organics
						recycler must ensure that the food scraps are taken to an organics recycler. A
						transfer facility must take all reasonable precautions to not commingle the
						material with any other solid waste unless such commingled waste can be processed
						by the organics recycler.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-4 - Transporter and Solid Waste Management Facility Responsibilities › Section 350-4.4 - Landfills and combustion facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Combustion facilities and landfills must take all
						reasonable precautions to not accept food scraps from designated food scraps
						generators who are required to send their food scraps to an organics recycler or
						intermediary facility.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 351 - Plastic Bag Reduction, Reuse and Recycling › Subpart 351-1 - General Provisions › Section 351-1.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Purpose. This purpose of this Partis to implement Titles 27 and 28 of Article 27
					 of the Environmental Conservation Law. This Part sets forth the requirements for:
(1) a prohibition on plastic carryout
					 bags;
(2) allowable reusable bags;
					 and
(3) the recycling of plastic
					 carryout bags and film plastic by stores.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 351 - Plastic Bag Reduction, Reuse and Recycling › Subpart 351-1 - General Provisions › Section 351-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part and in Titles 27 and 28 of Article 27
						of the Environmental Conservation Law, the following terms have the following
						meanings. Unless otherwise noted, all words and terms in this Part are defined by
						their plain meaning.
(a) 'Compostable
					 plastic bag' means aplastic bag made of compostable plastic.
(b) 'Compostable plastic' means plastic that
					 meets the American Society for Testing and Materials (ASTM) standard D6400-19, as
					 incorporated by reference in section 351-1.3  of this Part, or other standard
					 acceptable to the department.
(c)
					 'Department' means the New York State Department of Environmental
					 Conservation.
(d) 'Distribute' means
					 to give out, provide, supply, or otherwise make available for use in New York
					 State.
(e) 'Environmental
					 Conservation Law' or "ECL" means chapter 43-B of the Consolidated Laws of New
					 York State.
(f) 'Exempt bag' means a
					 bag that is:
(1) used solely to contain or wrap
					 uncooked meat, fish, seafood, poultry, other unwrapped or non-prepackaged food,
					 flower, plant, or other item for the purpose of separating it from other items to
					 avoid contamination, prevent damage from moisture, or for sanitary, public
					 health, or environmental protection purposes;
(2) used solely to package items from bulk
					 containers, including fruits, vegetables, grains, candy, small hardware items
					 (such as nuts, bolts, and screws), live insects, fish, crustaceans, mollusks, or
					 other aquatic items requiring a waterproof bag;
(3) used solely to contain food sliced or
					 prepared to order;
(4) used solely to
					 contain a newspaper for delivery to a subscriber;
(5) sold in bulk quantities to a consumer at
					 the point of sale that were specifically prepackaged in a manner to allow for
					 bulk sale (for example, quantities of bags prepackaged in individual pre-sealed
					 boxes) or prepackaged in individual boxes or containers for sale to a
					 customer;
(6) sold as a trash
					 bag;
(7) sold as a food storage bag,
					 such as those in snack, sandwich, quart, and gallon sizes;
(8) used as a garment bag, such as
					 over-the-hanger bags or those used by a dry cleaner or laundry service;
(9) made of plastic provided by a restaurant,
					 tavern or similar food service establishment, as defined in the New York state
					 sanitary code, to carry out or deliver prepared food;
(10) provided by a pharmacy to carry
					 prescription drugs; or
(11) a
					 reusable bag, as that term is defined in this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 351 - Plastic Bag Reduction, Reuse and Recycling › Subpart 351-1 - General Provisions › Section 351-1.3 - References

Current through Register Vol. 46, No. 28, July 10, 2024
The following document is incorporated by reference and is
						on file with the New York State Department of State. The document is available
						for inspection at the department's office located at 625 Broadway, Albany, New
						York 12233, or can be directly obtained from the source listed for the given
						reference.
American Society for Testing and Materials
ASTMD6400-19, Standard Specification for Labeling of
						Plastics Designed to be Aerobically Composted in Municipal or Industrial
						Facilities,
ASTM International, West Conshohocken, PA, 2019,
www.astm.org
.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 351 - Plastic Bag Reduction, Reuse and Recycling › Subpart 351-1 - General Provisions › Section 351-1.4 - Local laws

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part supersede any local law or
						ordinance pertaining to plastic carryout bags or pertaining to plastic bag and
						film plastic recycling that are in effect on the effective date of this Part. No
						such local laws or ordinances may be enacted, implemented or enforced after the
						effective date of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 351 - Plastic Bag Reduction, Reuse and Recycling › Subpart 351-1 - General Provisions › Section 351-1.5 - Violations and enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who violates any provision of or who fails to
						perform any duty imposed by this Part, or any final determination or order of the
						commissioner issued pursuant to this Part, or Titles 27 or 28 of Article 27 of
						the ECL, shall be liable for all applicable penalties or sanctions set forth in
						Article 71, including section 71-2728, and Titles 27 and 28 of Article 27 of the
						ECL, including section 27-2807 and, as appropriate, any other New York State law.
						Such penalties shall be assessed by the commissioner after the opportunity to be
						heard pursuant to the provisions of Part 622 of this Title, ECL sections 71-1709
						and 71-2727. In addition, such person may by similar process be enjoined from
						continuing such violation and any permit or registration issued to such person
						may be revoked or suspended or a pending renewal application denied. Each day
						that a violation continues or exists is considered a separate
						violation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 351 - Plastic Bag Reduction, Reuse and Recycling › Subpart 351-1 - General Provisions › Section 351-1.6 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part, or its application to any
						person or circumstance is held to be invalid, the remainder of this Part, and the
						application of that provision to other persons or circumstances, will not be
						affected.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 351 - Plastic Bag Reduction, Reuse and Recycling › Subpart 351-2 - Requirements for Persons Required to Collect Tax, Store Operators, Owners of Enclosed Shopping Malls, and Manufacturers › Section 351-2.1 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
A person required to collect tax shall not:
(a) distribute any plastic carryout bag to its
					 customers unless the bag is an exempt bag;
(b) prevent a person from using a bag of any
					 kind that they have brought for purposes of carrying goods;
(c) distribute an exempt bag for any purpose
					 other than for the intended use of the exempt bag;
(d) distribute an exempt bag for use as a
					 replacement for a plastic carryout bag; or
(e) distribute additional exempt bags to
					 customers beyond the quantity of exempt bags required for a purchase.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 351 - Plastic Bag Reduction, Reuse and Recycling › Subpart 351-2 - Requirements for Persons Required to Collect Tax, Store Operators, Owners of Enclosed Shopping Malls, and Manufacturers › Section 351-2.2 - Sale of reusable bags by stores

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The operator of a store must:
(1) make reusable
					 bags available to customers within the store for purchase or at no charge;
					 and
(2) permit a reusable bag to be
					 used by a customer in lieu of a paper carryout bag.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 351 - Plastic Bag Reduction, Reuse and Recycling › Subpart 351-2 - Requirements for Persons Required to Collect Tax, Store Operators, Owners of Enclosed Shopping Malls, and Manufacturers › Section 351-2.3 - Film plastic collection and recycling responsibilities of stores

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The operator of a
					 store shall establish and maintain an at-store recycling program for plastic
					 carryout bags and other film plastic that provides an opportunity for a customer
					 of the store to return clean and dry plastic carryout bags and other film plastic
					 to the store. The at-store recycling program for plastic carryout bags and other
					 film plastic must include the following components:
(1) A collection bin that is visible, easily
					 accessible to the consumer, and clearly marked that the collection bin is
					 available for the purpose of collecting and recycling plastic carryout bags and
					 other film plastic. This requirement applies to all stores, except those within
					 an enclosed shopping mall that are less than 50,000 square feet in
					 size.
(2) In the case of an enclosed
					 shopping mall, the owner of the enclosed shopping mall must place bins at
					 reasonable intervals throughout the enclosed shopping mall area.
(3) A collection bin must have text printed
					 directly on the bin, or a sign affixed to the side of the bin, to the top of the
					 bin, or to a nearby wall not more than two feet away from the bin, that:
(i) is no less than eight and a half inches by
					 eleven inches in size; and
(ii)
					 states in easily visible and readable text that the bin is for plastic carryout
					 bags and other film plastic collection only.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 351 - Plastic Bag Reduction, Reuse and Recycling › Subpart 351-2 - Requirements for Persons Required to Collect Tax, Store Operators, Owners of Enclosed Shopping Malls, and Manufacturers › Section 351-2.4 - Manufacturer responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Records.
(1) When a manufacturer accepts
					 plastic carryout bags or other film plastic for return, the manufacturer or its
					 agent must maintain, for a minimum of three years, records describing the
					 collection, transport and recycling of plastic carryout bags and other film
					 plastic collected by weight. The manufacturer or its agents must weigh the
					 plastic carryout bags or other film plastic received at a recyclables handling
					 and recovery facility, or other facility capable of accurately weighing or
					 otherwise measuring the amount of film plastic collected.
(2) These records must be made available to the
					 department upon request in a form prescribed by or acceptable to the department
					 to demonstrate compliance with this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 353 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING REDUCTION › Subpart 353-1 - GENERAL PROVISIONS › Section 353-1.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Purpose.
The purpose of this Part is to implement Title 30 of
						Article 27 of the Environmental Conservation Law. This Part sets forth the
						requirements for a prohibition on expanded polystyrene foam containers and
						expanded polystyrene loose fill packaging.
(b) Applicability.
This Part applies to any covered food service provider or
						store, that sells, offers for sale, or distributes expanded polystyrene foam
						containers in New York State, and any manufacturer or store that sells, offers
						for sale, or distributes expanded polystyrene loose fill packaging in New York
						State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 353 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING REDUCTION › Subpart 353-1 - GENERAL PROVISIONS › Section 353-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms have the
						following meanings. Unless otherwise noted, all words and terms in this Part are
						defined by their plain meaning.
(a)
					 'Covered food service provider' means a person engaged in the business of selling
					 or distributing prepared food or beverages for on-premises or off-premises
					 consumption, including but not limited to:
(1)
					 food service establishments, caterers, temporary food service establishments,
					 mobile food service establishments, and pushcarts as defined in the New York
					 State Sanitary Code;
(2) retail food
					 stores as defined in article 28 of the agriculture and markets law;
(3) delicatessens;
(4) grocery stores;
(5) restaurants;
(6) cafeterias;
(7) coffee shops;
(8) hospitals, adult care facilities, and
					 nursing homes; and
(9) elementary and
					 secondary schools, colleges, and universities.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 353 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING REDUCTION › Subpart 353-1 - GENERAL PROVISIONS › Section 353-1.3 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
This Part does not apply to the following:
(a) Prepackaged food filled or sealed prior to
					 receipt at a covered food service provider;
(b) Raw meat, pork, seafood, poultry, or fish
					 sold for the purpose of cooking or preparing off-premises by the customer;
					 or
(c) Food service containers made
					 from rigid polystyrene resin (e.g., clear plastic containers marked with a #6
					 resin identifier).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 353 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING REDUCTION › Subpart 353-1 - GENERAL PROVISIONS › Section 353-1.4 - Preemption

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 provided in subdivisions b and c of this section, the provisions of this Part
					 supersede and preempt all local laws, ordinances, or regulations governing the
					 sale, offer for sale, or distribution of disposable food service containers
					 containing polystyrene foam and polystyrene loose fill packaging.
(b) Any local law, ordinance, or regulation of
					 any county will not be preempted if a county's local law, ordinance or regulation
					 provides environmental protection equal to or greater than the provisions of
					 Title 30 of Article 27 of the Environmental Conservation Law and this Part, and
					 if the county files with the department a written declaration of its intent to
					 administer and enforce the local law, ordinance or regulation.
(1) The following must be submitted to the
					 department with the county's written declaration of its intent to administer and
					 enforce the local law, ordinance or regulation:
(i) a copy of the local law, ordinance, or
					 regulation;
(ii) a statement
					 explaining how the local law, ordinance or regulation provides environmental
					 protection equal to or greater than the provisions of Title 30 of Article 27 of
					 the ECL and this Part; and
(iii) any
					 other information requested by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 353 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING REDUCTION › Subpart 353-1 - GENERAL PROVISIONS › Section 353-1.5 - Violations and enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 person who violates any provision of or who fails to perform any duty imposed by
					 this Part, or any final determination or order of the commissioner issued
					 pursuant to this Part, or Title 30 of Article 27 of the ECL, will be liable for
					 all applicable penalties or sanctions set forth in Article 71, including section
					 71-2730 and Title 30 of Article 27 of the ECL and, as appropriate, any other New
					 York State law. Such penalties will be assessed by the commissioner after an
					 opportunity to be heard pursuant to the provisions of Part 622 of this Title, ECL
					 sections 71-1709 and 71-2727. In addition, such person may by similar process be
					 enjoined from continuing such violation and any permit or registration issued to
					 such person may be revoked or suspended or a pending renewal application denied.
					 Each day a violation continues or exists is considered a separate
					 violation.
(b) A county must notify
					 the department if it intends to enforce the provisions of section 27-3003 of the
					 ECL.
(c) Any county that has filed a
					 written declaration pursuant to subdivision 2 of section 27-3007 of the ECL and
					 subdivision 353-1.5(b)  of this Part shall not enforce the provisions of Title 30
					 of Article 27 of the ECL.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 353 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING REDUCTION › Subpart 353-1 - GENERAL PROVISIONS › Section 353-1.6 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part, or its application to any
						person or circumstance is held to be invalid, the remainder of this Part, and the
						application of that provision to other persons or circumstances, will not be
						affected.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 353 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING REDUCTION › Subpart 353-2 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING BAN › Section 353-2.1 - Expanded Polystyrene Foam Container Ban

Current through Register Vol. 46, No. 28, July 10, 2024
Beginning January 1, 2022, no covered food service provider
						or store shall sell, offer for sale, or distribute disposable food service
						containers that contain expanded polystyrene foam in New York
						State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 353 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING REDUCTION › Subpart 353-2 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING BAN › Section 353-2.2 - Polystyrene Loose Fill Packaging Ban

Current through Register Vol. 46, No. 28, July 10, 2024
Beginning January 1, 2022, no manufacturer or store shall
						sell, offer for sale, or distribute polystyrene loose fill packaging in New York
						State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 353 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING REDUCTION › Subpart 353-2 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING BAN › Section 353-2.3 - Financial Hardship Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligibility
					 for waiver. The following facilities and covered food service providers described
					 in paragraphs (1) and (2) of this subdivision are eligible to apply to the
					 department for a financial hardship waiver from the requirements of subdivision 1
					 of section 27-3003 of the ECL and Section 353-2.1  of this Subpart for one or more
					 disposable food service containers sold, offered for sale, or distributed by a
					 facility or covered food service provider:
(1)
					 Any facility, including but not limited to a community meal program, food pantry,
					 or place of worship that meets the following criteria:
(i) The facility provides food to food insecure
					 individuals at no or nominal charge; and
(ii) The facility is operated by either one of
					 the following:
(a) a federal, state, or local
					 government agency; or
(b) a
					 not-for-profit corporation authorized to conduct activities in New York
					 State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 353 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING REDUCTION › Subpart 353-2 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING BAN › Section 353-2.4 - Waiver approval criteria for covered food service providers

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements in section 353-2.3, a
						covered food service provider seeking a waiver must demonstrate the
						following:
(a) After making all efforts
					 to find the lowest cost alternative available, there is no alternative product of
					 comparable cost that is not composed of expanded polystyrene foam. As used in
					 this section, comparable cost means the purchase cost that is the same, less
					 than, or does not exceed a cost of ten percent (10%) above the purchase cost of a
					 comparable product that contains expanded polystyrene foam.
(b) The purchase, distribution, or use of an
					 alternative product that is not composed of expanded polystyrene foam would
					 create an undue financial hardship. An undue financial hardship may be
					 demonstrated by showing any one or more of the following:
(1) Increased costs are expected to result in
					 at least a five percent (5%) increase of business operating costs;
(2) Increased costs are expected to result in
					 reduction of at least five percent (5%) in operating profits; or
(3) The covered food service provider can
					 demonstrate unique circumstances particular to it that create an undue financial
					 hardship.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 353 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING REDUCTION › Subpart 353-2 - EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL PACKAGING BAN › Section 353-2.5 - Approval, renewal, and revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Financial hardship waivers are valid for a maximum of twelve months.
(b) The department will issue a written
					 approval or denial of a financial hardship waiver to the facility or covered food
					 service provider. An approval or denial may be issued electronically. If the
					 department issues an approval, the approval must be retained and available for
					 inspection at the facility or covered food service provider.
(c) A waiver application will be rejected if
					 the facility or covered food service provider provides materially false,
					 misleading, or inaccurate statements in the waiver application or supporting
					 papers.
(d) A facility or covered
					 food service provider may apply to the department for the renewal of a financial
					 hardship waiver on an application form prescribed or approved by the department.
					 Complete applications for renewal of a financial hardship waiver must be received
					 by the department at least 60 days prior to expiration of the financial hardship
					 waiver.
(e) Revocation, suspension,
					 or modification.
A waiver may be revoked, suspended, or modified by the
						department at any time based on any of the following reasons:
(1) materially false, misleading, or inaccurate
					 statements were provided in the waiver application or supporting
					 papers;
(2) the waiver was issued
					 erroneously or by mistake; or
(3) the
					 waiver was obtained through fraud, deceit, or through submission of incorrect
					 data.
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 360.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose
(1) This Part sets forth requirements for the
				  management of solid waste subject to regulation under this Part and Parts 361,
				  362, 363, 365, and 366, and Subpart 374-2 of this Title, other than at waste
				  facilities or activities located partially or wholly within the State of New York
				  that are subject to the following regulations:
(i) Parts 372, 373 or 376 of this Title, or
				  Subpart 374-1 or 374-3 of this Title; or
(ii) Parts 380, 382, and 383 of this
				  Title.
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 360.3 - References

Current through Register Vol. 46, No. 28, July 10, 2024
The following documents are incorporated by reference and are
					 on file with the New York State Department of State. The documents are available
					 for inspection and copying at the department's offices at 625 Broadway, Albany,
					 New York 12233.
(a) United States Code
(1) Marine Protection, Research and Sanctuaries
				  Act of 1972 33 U.S.C. Section
				  1401 'et seq.' &
				  16 U.S.C. Section
				  1431 'et seq.' (1972) as amended by Pub. L
				  110-114 (2007)
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 360.5 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or of Parts 361, 362, 363, 364,
					 365, 366, 369, or Subpart 374-2 of this Title or the application of any provision
					 of any of these Parts to any person or circumstance is held invalid, the
					 remainder of this Part and of Parts 361, 362, 363, 364, 365, 366, 369, and
					 Subpart 374-2 of this Title, and the application of those provisions to persons
					 or circumstances other than those to which it is held invalid, shall not be
					 affected thereby.
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 360.6 - Submission requirements and use of professional engineers and certified laboratories

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Engineering related documents, except quarterly and annual reports, submitted
				  under any provision of this Part or of Parts 361, 362, 363, 365, or Subpart 374-2
				  of this Title for a permitted facility must be submitted under the stamp and
				  signature of a professional engineer licensed and currently registered to
				  practice in the State of New York. All documents submitted to the department must
				  be submitted in print as well as in an electronic format acceptable to the
				  department.
(b) Any laboratory tests
				  or analyses required under this Part and Parts 361, 362, 363, and 365 of this
				  Title, including those for which the commissioner of the New York State
				  Department of Health issues certificates of approval, must be performed by a
				  laboratory certified to perform those tests or analyses pursuant to the New York
				  State Department of Health Environmental Laboratory Approval Program (ELAP) or
				  Clinical Laboratory Evaluation Program (CLEP), unless otherwise specified in this
				  P art or Parts 361 - 365 of this Title.
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 360.7 - Inspection of facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Department personnel can enter and inspect any facility and
					 any property, premises, books, papers, documents, or records of the facility, at
					 all reasonable times, locations, whether announced or unannounced, for the
					 purpose of ascertaining compliance or noncompliance with an exemption,
					 registration, permit, administrative or judicial order or decree, the ECL, and
					 this Title. The construction or operation of a facility in this state is deemed
					 to constitute consent to inspection of the facility and of the records and
					 documents required to be maintained under this Part or under Part 361, 362, 363,
					 365, or Subpart 374-2 of this Title as they pertain to the facility.
(a) The refusal to consent to inspection of the
				  facility or of any of the records or documents required to be maintained under
				  the provisions of this Part or Part 361, 362, 363, 365, or Subpart 374-2 of this
				  Title as they pertain to the facility, established after an opportunity for a
				  hearing, can result in revocation of any and all facility permits issued by the
				  department or in revocation of the facility's status as a registered facility, as
				  well as any other penalties as the law may provide.
(b) In a hearing to revoke a permit or
				  registration based on a refusal to consent to inspection, the hearing will be
				  limited to the following issues:
(1) whether
				  authorized department staff requested access to the facility or to any of the
				  records or documents required to be maintained under this Part or under Part 361,
				  362, 363, 365, or Subpart 374-2 of this Title;
(2) whether the owner or operator was given
				  sufficient warning, in clear or unequivocal language before the refusal, that the
				  refusal could result in revocation of the registration or permit; and
(3) whether the owner or operator refused to
				  consent to the inspection.
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 360.8 - Prohibited siting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Special flood hazard
				  areas. A new facility or the lateral expansion of an existing facility, must not
				  be located in a special flood hazard area, unless provisions acceptable to the
				  department have been made to prevent flooding of the facility, constriction of
				  floodwaters, reduction in the temporary storage of floodwaters, and washout of
				  solid waste. The facility must not pose a significant hazard to human life,
				  wildlife, fisheries, or land or water resources.
(b) Endangered species. A new facility or the
				  lateral expansion of an existing facility must not be designed, built, or
				  operated in a manner that causes or contributes to the taking of any endangered
				  or threatened species or to the destruction or adverse modification of their
				  critical habitat, unless the required permits are obtained from the appropriate
				  federal agency and/or the department.
(c) Wetlands. A new facility or the lateral
				  expansion of an existing facility must not occur within the boundary of either
				  state or federally regulated wetlands, unless the required permits are obtained
				  from the U.S. Army Corps of Engineers and/or the department.
(d) Long Island. A composting facility, mulch
				  processing facility, or construction and demolition debris handling and recovery
				  facility located in Nassau or Suffolk County must not be operated within a mine
				  subject to regulation under article 23 of title 27 of the ECL.
(e) Cannabis. No facility, other than one
				  located at the site of waste generation, shall accept cannabis waste from a
				  cannabis business or processor unless it has been rendered unrecoverable and
				  beyond reclamation in accordance with methods acceptable to the Department of
				  Health.
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 360.9 - Prohibited Activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in sections
				  360.4 and
				  360.14  of this Part, a person or
				  persons must not:
(1) construct or operate a
				  facility, or any phase of it, except in accordance with a registration or a
				  permit issued by the department; nor
(2) modify or expand any aspect of the approved
				  construction or operation of a permitted facility in advance of receiving an
				  approval from the department.
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 360.10 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability.
(1) Unless otherwise precluded by law, the
				  department may, upon written application, grant a variance from one or more
				  specific provisions contained in Parts 360, 361, 362, 363, 364, 365, or 366 of
				  this Title, under the conditions set forth in this section.
(2) Variances will not be granted for the
				  following:
(i) any provision contained in Part
				  363 of this Title which would authorize a landfill to be designed, constructed,
				  operated, closed, or monitored in a manner less stringent than as provided in  40
				  CFR Part 258, Criteria For Municipal Solid Waste Landfills, as incorporated by
				  reference in section
				  360.3  of this Title;
(ii) the content of any definition contained in
				  Parts 360, 361, 362, 363, 364, or 365, of this Title;
(iii) the requirements of any exemption, or
				  pre-determined beneficial use determination;
(iv) the requirements related to registered
				  facilities;
(v) the requirements
				  contained in any provision which is required by federal or state law;
				  or
(vi) a requirement to obtain a
				  permit or registration.