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 363 - State Aid For Planning For Collection, Treatment And Disposal Of Refuse › Subpart 363-11 - Landfill Reclamation › Section 363-11.4 - Reclamation work plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Drawings and work plans for demonstration
					 projects or landfill reclamation must be submitted to the department for approval
					 prior to the commencement of reclamation activities and must include the
					 following:
(1) A vicinity map that shows the
					 area within one mile of the boundaries of the landfill to be reclaimed; the
					 existing and proposed zoning and land use within that area; and residences,
					 access roads, and other existing and proposed artificial or natural features
					 relating to the reclamation of the landfill.
(2) A site plan showing the landfill's property
					 boundaries; the utilities including electric, gas, water, storm, and sanitary
					 sewer systems and right-of-way easements; the names and addresses of abutting
					 property owners; the location of the proposed reclamation; the landfill liner
					 system and leachate collection, storage, treatment and pumping systems; the
					 landfill gas management system, if any; on-site buildings and appurtenances,
					 fences, gates, roads, parking areas, drainage culverts, and signs; a wind rose;
					 and the site topography.
(3) Detail
					 of the proposed reclamation area adequately delineating in plan and
					 cross-sectional view, the depth of excavation, proximity to the liner and
					 leachate collection and disposal system, if any, other landfill structures and
					 equipment, and direction of progression.
(4) A description of procedures to excavate,
					 process, store, transfer, use, and dispose of excavated material. The off-site
					 reuse of soil components or residues must be approved by the department in
					 advance in accordance with section
					 360.12  of this Title.
(5) A stormwater and leachate management
					 plan.
(6) The procedure for site
					 clean-up and grading after reclamation described with detailed drawings showing
					 original and final grades. Landfill footprint reduction must meet the
					 requirements of section
					 363-11.5  of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 363 - State Aid For Planning For Collection, Treatment And Disposal Of Refuse › Subpart 363-11 - Landfill Reclamation › Section 363-11.5 - Landfill footprint reduction

Current through Register Vol. 46, No. 28, July 10, 2024
Footprint reduction areas must be cleaned by completely
						removing waste and contaminated subbase soil from below the reclaimed area. If
						landfill reclamation results in a reduction of the landfill footprint, the
						following requirements must be met.
(a)
					 A petition for the exclusion of the reclaimed landfill area from the closure,
					 post-closure and custodial care criteria described in Subpart 363-9 of this Part
					 may be submitted for approval by the department. The footprint reduction petition
					 must include the following:
(1) details of the
					 footprint reduction area in plan and cross-sectional views; and
(2) an in-situ subbase soil sampling plan that
					 describes the number of samples, the method of sampling, and the analytical
					 parameters and methods, and an evaluation of the sampling and analysis
					 results.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 363 - State Aid For Planning For Collection, Treatment And Disposal Of Refuse › Subpart 363-11 - Landfill Reclamation › Section 363-11.6 - Emergency response plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Emergency response
					 plans must be prepared in accordance with subparagraph 360.16(c)(4)(iv) of this
					 Title.
(b) A site health and safety
					 coordinator must be designated on a full-time basis during excavation. The site
					 health and safety coordinator must be trained in hazardous waste operations and
					 emergency response as referenced in
					 29 CFR section
					 1910.120, as incorporated by reference in
					 section 360.3  of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-1 - General › Section 364-1.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the purpose of this Part to protect the environment
						from mishandling and mismanagement of all regulated wastes transported from the
						site of generation to the site of ultimate treatment, storage or disposal and to
						prevent a discharge of wastes into the environment, whether accidental or
						intentional, except at a site approved for the treatment, storage or disposal of
						the wastes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-1 - General › Section 364-1.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part governs the transport of regulated waste
						originating or terminating at a location in New York State. Definitions
						applicable to this Part are found in Part 360 of this Title. For the purposes of
						this Part, regulated waste means any of the following types of waste:
(a) Raw sewage, which includes portable toilet
					 waste.
(b) Septage.
(c) Materials contaminated by raw or
					 partially-treated sewage or septage.
(d) Sludge from a wastewater or water supply
					 treatment plant.
(e)
					 Industrial-commercial waste that originates at, is generated by, or occurs as a
					 result of any industrial or commercial activity. Industrial-commercial waste
					 includes, but is not limited to:
(1) liquids
					 such as acids, alkalis, caustics, leachate, petroleum (and its derivatives), and
					 process or treatment wastewaters;
(2)
					 sludges that are semi-solid substances resulting from process or treatment
					 operations, or residues from storage or use of liquids;
(3) solidified chemicals, paints, or
					 pigments;
(4) the end-products or
					 by-products of incineration or other forms of combustion, including
					 ash;
(5) foundry sand;
(6) drilling and production waste;
(7) navigational dredged material;
(8) contained gaseous materials;
(9) waste from commercial operations such as
					 stores, offices, restaurants, etc.;
(10) construction and demolition (C&D)
					 debris generated or transported by an industrial or commercial business,
					 including excavated material;
(11)
					 friable asbestos-containing waste.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-3 - Registrations › Section 364-3.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to the following persons, who are not
						otherwise exempt from this Part.
(a) A
					 transporter of a single shipment of less than 50 pounds of RMW per month per
					 location, provided:
(1) the transporter is the
					 generator of the RMW;
(2) the waste
					 is packaged and marked in accordance with Part 365 of this Title; and
(3) the waste is transported to a facility
					 authorized to accept the waste.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-3 - Registrations › Section 364-3.2 - Registration requirements and standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Registrations are ministerial actions for the purposes of Part 617 of this Title
					 and are not subject to Part 621 of this Title.
(b) Except as otherwise exempt by this Part and
					 Part 360, any person identified in section
					 364-3.1  of this Subpart must not
					 engage in the transportation of waste without a registration issued pursuant to
					 this Part.
(c) Transporters subject
					 to registration under this section must submit an application for registration on
					 forms prescribed by the department.
(d) A transporter must furnish to the
					 department any information requested by the department to determine compliance
					 with the registration requirements.
(e) Registrations issued pursuant to this
					 Subpart, except those registrations issued pursuant to paragraph 364-4.1(b) of
					 this Part, are valid for one year from the effective date of the registration.
					 Registrations issued pursuant to paragraph 364-4.1(b) of this Part shall run
					 concurrently with the term of the associated permit.
(f) Registrations are not transferable. A
					 registration issued pursuant to this Subpart is only valid for the registrant
					 identified on the registration application submitted to the department. A change
					 of ownership of the registrant invalidates the registration.
(g) A transporter subject to registration under
					 this Subpart who also transports waste subject to permitting under Subpart 364-4
					 of this Part must still obtain a permit for the transport of those types of
					 waste.
(h) Registered transporters
					 are not subject to the payment of environmental regulatory fees, as defined by
					 ECL Article 72, for waste transported subject to a registration issued pursuant
					 to this Subpart.
(i) A registration
					 may be denied, revoked, or suspended based upon the unsuitability of the
					 applicant as provided in 360.15 (b) of this Title.
(j) A registration may be denied, revoked, or
					 suspended, or the processing of a registration application may be suspended, if
					 the transporter has been determined to have violated any terms of the
					 registration, the ECL, or any regulation or standard promulgated pursuant
					 thereto.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-3 - Registrations › Section 364-3.3 - Operating requirements for registered transporters

Current through Register Vol. 46, No. 28, July 10, 2024
In lieu of the operating requirements identified in section
						360.19  of this Title, a waste
						transporter required to obtain a registration must operate in compliance with the
						following criteria:
(a) The transporter
					 must be in possession of a legible paper copy, or other format approved by the
					 department, of the most recent registration issued pursuant to this Part. The
					 transporter must present the registration, any required waste tracking
					 documentation relating to the waste being transported, or justification that the
					 waste being transported does not require a Part 364 registration or permit to
					 authorized representatives of the department or to any law enforcement officer
					 upon request.
(b) Each transport
					 vehicle used by a registered transporter for activities regulated under this
					 Part, must display the name of the registered transporter on both sides of the
					 transport vehicle and the registration number of the transporter on both sides
					 and the rear of the transport vehicle in numbers and letters at least three
					 inches high and in a color that contrasts with the vehicle's background
					 color.
(c) The department may require
					 or conduct inspections of transport vehicles as a condition of application
					 approval or during the life of the registration.
(d) All wastes must be properly contained
					 during transport to prevent any type of discharge to the environment.
(e) Each receiving facility located within New
					 York State must be authorized to accept the waste pursuant to the requirements of
					 the ECL and applicable regulations.
(f) Each receiving facility located outside the
					 jurisdiction of New York State must be authorized to operate within the state or
					 jurisdiction where the facility is located or otherwise be exempt within that
					 state or jurisdiction.
(g) A
					 registered transporter may return regulated waste to the generator when an
					 authorized receiving facility cannot be located or a receiving facility refuses
					 to accept the regulated waste.
(h) A
					 certificate of treatment form must accompany treated RMW. Treated RMW is
					 considered commercial waste for the purposes of this Part.
(i) The transporter must comply with the
					 recordkeeping and reporting requirements in Subpart 364-5 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-4 - Permits › Section 364-4.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In lieu of the
					 permit provisions provided in section 360.16  of this Title, with the exception of
					 paragraph 360.16(e)(5) of this Title which remains applicable to this section,
					 all persons who transport regulated waste originating or terminating at a
					 location in New York State, except those otherwise exempt or subject to the
					 registration provisions of this Part, must obtain a permit before transporting
					 regulated waste under the provisions of this Subpart.
(b) A transporter required to obtain a permit
					 under this Part who also conducts transport activities subject to registration
					 under Subpart 364-3 of this Part must also obtain a registration for those
					 transport activities eligible for registration. Registrations obtained
					 simultaneously with new permits or in addition to existing permits will be a
					 rider to the associated permit. A registration rider obtained in conjunction with
					 a permit will expire on the same date as the expiration date of the
					 permit.
(c) All applications for
					 permits must be submitted on forms prescribed by the department and in either an
					 electronic format acceptable to the department or print.
(d) Applications for new permits must be signed
					 as required in subdivision 364-4.2(a)  of this Part.
(e) Applications for permit renewal or permit
					 modification must be signed by a person duly authorized by the
					 permittee.
(f) Permit applications
					 must contain sufficient detail for the department to determine:
(1) eligibility of the applicant for
					 permitting; and
(2) suitability of
					 the receiving facilities for the waste types requested.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-4 - Permits › Section 364-4.2 - Application procedures for new permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permit applications must be signed by the
					 applicant as follows:
(1) corporations: by a
					 duly authorized principal executive officer of at least the level of vice
					 president;
(2) partnership or limited
					 partnership: by a general partner;
(3) sole proprietorship: by the proprietor;
					 or
(4) a municipal, state, or other
					 governmental entity: by a duly authorized principal executive officer or elected
					 official.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-4 - Permits › Section 364-4.3 - Application procedures for permit renewals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications for permit renewals must be
					 received by the department at least 30 days in advance of the expiration date of
					 the existing permit.
(b) If the
					 complete permit renewal application is not received at least 30 days prior to
					 permit expiration, the department may treat the application as a new permit
					 application.
(c) Annual reports must
					 be submitted in accordance with Subpart 364-5 of this Part.
(d) A renewal of a permit may be denied by the
					 department for failure of the permittee to submit an annual report, as required
					 by Subpart 364-5 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-4 - Permits › Section 364-4.4 - Application procedures for permit modifications

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for permit modifications must identify all
						proposed changes to the permit including changes in vehicle license plate
						numbers, additions or deletions of transport vehicles, changes in waste types,
						and identification of new or deleted receiving facilities.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-4 - Permits › Section 364-4.5 - Emergency waste transporter permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to issuing
					 an emergency waste transporter permit, the department must:
(1) make a finding of emergency stating that
					 the action is a natural, accidental, or intentional human caused-event or
					 circumstance which presents an immediate threat to life, health, property,
					 general welfare or natural resources, why the immediate action is needed and the
					 consequences to life, health, general welfare, property or natural resources if
					 the action is not immediately taken; and
(2) determine from the available information
					 that the action will be carried out in a manner that will cause the least change,
					 modification or adverse impact to life, health, property or natural
					 resources.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-4 - Permits › Section 364-4.6 - Permitting requirements and standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permits issued pursuant
					 to this Subpart are valid for one year from the effective date of the
					 permit.
(b) Permits are not
					 transferable. A permit issued pursuant to this Subpart is only valid for the
					 permittee identified on the permit application submitted to the department. A
					 change of ownership of the permittee invalidates the permit.
(c) All applicable environmental regulatory
					 fees must be paid annually or whenever a modification to the permit is made that
					 increases the number of transport vehicles or the number of vehicles authorized
					 to transport industrial-commercial waste. Failure to pay the required
					 environmental regulatory fees annually, submit copies of current insurance
					 certificates, permit modifications, annual reports, or a timely permit renewal,
					 is sufficient cause for the department to suspend or revoke the permit.
(d) Denial, suspension, revocation or
					 modification. The department may deny a permit application or may suspend, revoke
					 or otherwise modify a permit once issued, for reasons including, but not limited
					 to, the following:
(1) failure to pay the
					 required environmental regulatory fees annually, submit copies of current
					 insurance certificates, permit modifications, annual reports, or a timely permit
					 renewal;
(2) failure to request a
					 permit modification to add additional vehicles, change vehicle storage locations,
					 or change receiving facilities;
(3)
					 violation of any law, rule or regulation or permit condition related to the
					 operation of a receiving facility or if the receiving facility is not authorized
					 to receive the types of waste listed on the application;
(4) A determination that the applicant was
					 unsuitable pursuant to ECL sections 27-0305 and 27-0913; or
(5) a determination that the transporter
					 violated any terms of the permit, the ECL, or any regulation or standard
					 promulgated pursuant thereto.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-4 - Permits › Section 364-4.7 - Insurance requirements for permitted transporters

Current through Register Vol. 46, No. 28, July 10, 2024
The following insurance requirements apply to transporters
						subject to the permitting requirements of this Part:
(a) Evidence of insurance coverage as set forth
					 in  49 CFR Part 387, as incorporated by reference in section
					 360.3  of this Title, must be provided
					 to the department.
(b) Automobile
					 insurance must be maintained.
(c) All
					 insurance must be endorsed by an insurer authorized to do business in New York
					 State.
(d) Policies of insurance and
					 endorsements required under this section must remain in effect continuously
					 throughout the term of the permittee's waste transporter permit.
(e) Policies of insurance required under this
					 section may be replaced by insurance from another provider during the term of the
					 permit, provided proof of insurance is provided to the department. A change of
					 insurance provider does not require a modification of the permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-4 - Permits › Section 364-4.9 - Additional operating requirements for transporters of RMW

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the operating requirements of section
						364-4.8  of this Subpart, all transporters of RMW must comply with the following
						requirements:
(a) Any employee of a
					 transporter who transports these wastes must be trained a minimum of every three
					 years in the proper handling of hazardous materials in accordance with the
					 requirements set forth in
					 49 CFR
					 172.602 and
					 172.704, and
					  29 CFR 1910.120 and 1910.1200  as incorporated by reference in section 360.3  of
					 this Title, before handling the waste. Transporters are also required to maintain
					 documentation on employee training, packaging instructions, emergency response
					 procedures and copies of incident reports.
(b) Transporters must not accept for transport
					 any waste unless the outer surface of the container is labeled and marked in
					 accordance with the requirements of Part 365 of this Title and there is no
					 visible sign of leakage or loss of package integrity. Packages that leak during
					 transport must be reported to the department within 48 hours.
(c) The transport vehicle must:
(1) have a fully enclosed, lockable,
					 cargo-carrying body that is locked at all times except during loading and
					 unloading operations;
(2) not subject
					 the waste to mechanical stress or compaction during loading, unloading, or
					 transit;
(3) have cargo-carrying
					 bodies in good sanitary condition; and
(4) have a secondary containment system
					 sufficient in size to contain the volume of the largest container of liquid being
					 transported.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-5 - Recordkeeping and Reporting Requirements › Section 364-5.1 - Waste tracking document applicability and requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Applicability. The provisions of this section apply to the following:
(1) All transporters registered or permitted
					 pursuant to this Part that transport any of the following wastes must comply with
					 this Subpart.
(i) Fill Type 1, Fill Type 2 or
					 Fill Type 3 transported in the New York City Metropolitan Area Waste Impact
					 Zone;
(ii) Fill Type 4;
(iii) Fill Type 5;
(iv) excavated material that does not meet the
					 requirements of section
					 360.12 or
					 360.13  of this Title for
					 reuse;
(v) RMW; and
(vi) non-exempt drilling and production waste
					 as provided in section
					 364-2.1(b)(14)  of
					 this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 364 - Waste Transporter › Subpart 364-5 - Recordkeeping and Reporting Requirements › Section 364-5.2 - Records retention and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
All permitted and registered transporters must comply with
						this section.
(a) The transporter must
					 keep records of all regulated waste transported for a period of not less than
					 three years from the date the record was created. For each shipment of waste
					 transported, the records must include, at a minimum:
(1) the name, address and telephone number of
					 the generator;
(2) the location where
					 the waste was picked up;
(3) the name
					 and physical location of the receiving facility or user;
(4) a copy of the required waste tracking
					 documents (if required);
(5) the
					 quantity (by volume or weight) and specific type of waste shipped; and
(6) the date of shipment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-1 - RMW Generators › Section 365-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to generators of regulated medical
						waste (RMW) as defined in section
						360.2  of this Title. These
						regulations apply to veterinary practices, animal research facilities,
						radiopharmacies, waste management facilities, or any other facilities or persons
						who generate RMW or other infectious waste. This Subpart also applies to any
						combination of these activities. This Subpart does not apply to hospitals,
						residential health care facilities, diagnostic and treatment centers (defined in
						section 2801  of the Public Health Law) and clinical laboratories (defined in
						section 571  of the Public Health Law) except to the extent hospitals use bulk
						packaging or accept RMW from off-site.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-1 - RMW Generators › Section 365-1.2 - Management of RMW by the generator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Waste management plan.
(1) A generator of RMW is responsible for
					 properly identifying and segregating the waste and must develop, document and
					 implement policies and procedures specific to the management of RMW generated
					 on-site, and for labeling RMW based on the planned method of treatment (e.g.,
					 autoclave, incineration, etc.) off-site. The policies and procedures must
					 include, but are not limited to:
(i) a
					 description of the types, and method(s) for treatment or disposal of RMW
					 generated on-site;
(ii) the
					 procedures, including the employee training, for safe handling and transport of
					 the RMW within the facility from the point of generation or acceptance to the
					 point of storage and/or treatment;
(iii) a description of short and long term
					 storage areas including, as applicable, patient care areas, laboratories,
					 production and testing rooms, etc. which details the location, ventilation and
					 capacity of each storage area, and the length of time waste is to be retained in
					 each area;
(iv) the titles and
					 contact information for persons responsible for monitoring compliance with the
					 waste management plan;
(v) for
					 facilities that treat RMW on-site, an operation plan for each treatment system
					 employed; and
(vi) a contingency plan
					 that addresses emergencies, spills, and other unexpected events.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-2 - RMW Treatment, Storage, and Transfer Facilities › Section 365-2.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subpart applies to
					 any facility that treats, stores or transfers RMW other than any facility located
					 at and operated by a hospital (except Veterans Affairs medical facilities),
					 residential health care facility, diagnostic and treatment centers, or a clinical
					 laboratory that manages its own waste, which is regulated under the Public Health
					 Law and 10 NYCRR Part 70.
(b) A
					 facility operating a biosafety level 3 (BSL-3) or an animal biosafety level 3
					 (ABSL-3) laboratory or other generation area that does not hold a valid Federal
					 Select Agent Program (FSAP) Registration is required to obtain a permit pursuant
					 to this Subpart.
(c) A facility
					 operating a BSL-3 or ABSL-3 laboratory or other generation area that holds a
					 valid FSAP Registration may operate under a registration pursuant to Subpart
					 365-1 of this Part.
(d) A facility
					 operating a BSL-4 or ABSL-4 laboratory or other generation area is required to
					 obtain a permit pursuant to this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-2 - RMW Treatment, Storage, and Transfer Facilities › Section 365-2.2 - Exempt facilities

Current through Register Vol. 46, No. 28, July 10, 2024
The following facilities are exempt from this
						Subpart.
(a) Sharps and pharmaceutical
					 waste collection drop boxes and kiosks provided for collection from homeowners,
					 provided the sharps collected are managed as RMW.
(b) Storage or transfer facilities operated by
					 and located at the site of generation, which are regulated under Subpart 365-1 of
					 this Part.
(c) Generators that source
					 separate used medical devices that are proposed to be reused and that are sent
					 directly to manufactures, remanufacturers, or reprocessors.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-2 - RMW Treatment, Storage, and Transfer Facilities › Section 365-2.3 - Registered facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise exempt or required to obtain a permit
						under Subpart 365-2 of this Part, facilities of the following types are subject
						to the registration provision of section
						360.15  of this title. Each facility
						identified in this section must obtain a registration from the Department but is
						not required to comply with section
						360.19  of this Title.
(a) A storage facility for radiological RMW,
					 including used sharps or other used medical devices, at a radiopharmacy, provided
					 the sharps or other medical devices were dispensed by the radiopharmacy, and the
					 following conditions are satisfied.
(1) In
					 addition to the container requirements provided in Subpart 365-1 of this Part,
					 radiological RMW must be stored at the radiopharmacy until radioisotopes have
					 decayed to a background radiation level. Once decayed, the RMW can be stored for
					 a maximum of 30 days.
(2) The
					 radiopharmacy must have written policies and procedures for the safe handling and
					 storage of the waste within the facility.
(3) Storage areas for radiological RMW must be
					 adequately sized for the volume of RMW generated between scheduled waste pick-ups
					 by a transporter.
(4) Storage areas
					 for radiological RMW must:
(i) display
					 prominent signage indicating the area is used to store RMW;
(ii) be designed or equipped to prevent
					 unauthorized access;
(iii) be
					 designed or located to protect waste from the elements, and prevent access by
					 vectors;
(iv) hold the waste at a
					 temperature that prevents rapid decomposition and resultant odor generation, if
					 necessary;
(v) be appropriately
					 ventilated;
(vi) be of sufficient
					 size to allow clear separation of RMW from any other waste, if waste other than
					 RMW is stored in the same area; and
(vii) the top of the stacked containers must
					 not be more than six feet above the level of the floor. The integrity of the
					 containers must not be compromised by the manner of storage.
(5) Decayed radiological RMW that leaves the
					 radiopharmacy must be accompanied by an RMW tracking document.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-2 - RMW Treatment, Storage, and Transfer Facilities › Section 365-2.4 - Permit application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A facility that treats, stores or transfers RMW, which is
						not exempt or subject to the registration provisions of Subpart 365-1 or section
						365-2.3  of this Part, must obtain a
						permit from the department. The permit application must include the requirements
						identified in this section and section
						360.16  of this Title, and include a
						description of how the facility will comply with the operating requirements of
						section 360.19  of this Title, and sections
						365-2.5,
						365-2.6,
						365-2.7, and
						365-2.8  of this Subpart. An
						application for a permit under this section must include:
(a) A waste control plan that describes:
(1) the notification program to instruct the
					 generators who will use the facility of the types of RMW that will be accepted
					 and/or treated at the facility including source and quantity. The description of
					 the quantity must specify the expected average and maximum daily and annual
					 amounts, on a weight and volume basis. These quantities must be specified for
					 each general category of RMW;
(2) the
					 service area, that includes a list of all planning units and other generators
					 that are served must be included;
(3)
					 special waste management if any of the following wastes are accepted:
(i) reusable secondary containers including
					 sharps containers;
(ii) reusable
					 medical devices, disposed as RMW by the generator;
(iii) waste (including sharps) containing
					 pharmaceuticals or other chemicals;
(iv) wastes from a biosafety level 3 or 4
					 laboratory or other generation area; or
(v) waste containing select agents or toxins of
					 biological origin listed in  7 CFR Part 331, 9 CFR Part 121  and  42 CFR Part 73, as
					 incorporated by reference in section
					 360.3  of this Title, or other
					 infectious wastes.
(4) how
					 the facility will ensure that it only receives RMW or other wastes capable of
					 being managed at the facility;
(5)
					 how the facility will identify, store, and dispose of all waste received that
					 cannot be managed at the facility, such as anatomical or pathological
					 waste;
(6) the methods used to
					 inspect all containers received to ensure that they are in compliance with this
					 Subpart;
(7) the methods used to
					 manage the waste that ensures odor, litter and vectors are controlled;
(8) how the facility will be managed to ensure
					 compliance with all applicable storage requirements;
(9) how the facility will handle spills,
					 breached containers or contaminated equipment used for handling the
					 waste;
(10) how inventory will be
					 managed; and
(11) the method that
					 will be used to manage the required tracking forms.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-2 - RMW Treatment, Storage, and Transfer Facilities › Section 365-2.5 - Design and operating requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A facility required to obtain a permit under this Subpart
						must, in addition to the requirements identified in section
						360.19  of this Title, design,
						construct, maintain, and operate the facility in compliance with the following
						criteria.
(a) An RMW tracking document
					 must be received for each shipment of RMW accepted at the facility. The facility
					 must not accept waste from unauthorized off-site sources (e.g.,
					 self-transporters, generators not authorized by the permit, etc.), or waste which
					 is not accompanied by a tracking document. The tracking form must be completed as
					 required as specified in the instructions on the form.
(b) A fixed radiation detection unit must be
					 installed and operated at a location appropriate for the monitoring of all
					 incoming RMW. In addition:
(1) the
					 investigation alarm set point of the radiation detector must be set at least two
					 times but no greater than five times background radiation levels;
(2) the concentration of radiation in any waste
					 received may not exceed background radiation levels;
(3) background radiation readings at the
					 facility must be measured and recorded at least daily;
(4) field checks of the radiation detector
					 utilizing a known radiation source must be performed and recorded at least
					 weekly;
(i) the radiation detector must be
					 calibrated at least annually or more often as recommended by the manufacturer,
					 and documentation describing the calibration must be maintained at the facility;
					 and
(ii) each instance in which the
					 radiation detector is triggered by a waste load must be documented and reported
					 to the department by the next business day following the event. Recorded
					 information must include the date the waste was received, transporter name,
					 origin of the waste, truck number or other identifying marking, detector reading,
					 disposition of the waste, and date of disposition.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-2 - RMW Treatment, Storage, and Transfer Facilities › Section 365-2.6 - General treatment requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements in section
						365-2.5  of this Subpart, a RMW
						treatment facility must comply with the following criteria:
(a) Except as provided in subdivisions (b) and
					 (c) of this section, treatment of RMW must be by:
(1) discharge into a sanitary sewer system
					 connected to a secondary treatment facility, if the waste is liquid or
					 semi-solid, except as specifically prohibited by the NYSDOH, or by local law or
					 ordinance;
(2) incineration in a RMW
					 incineration facility regulated under Subpart 362-1 of this Title;
(3) decontamination or inactivation by
					 autoclaving in conformance with the requirements of this Subpart;
(4) decontamination by discharge to an effluent
					 decontamination system approved by the department; or
(5) an alternative RMW treatment system
					 approved by the NYSDOH.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-2 - RMW Treatment, Storage, and Transfer Facilities › Section 365-2.7 - Requirements for autoclaves used to treat RMW

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements outlined in sections
						365-2.5 and
						2.6 of this Subpart, RMW treatment
						facilities that employ the use of autoclaves must comply with the following
						criteria.
(a) An autoclave that fails to
					 meet the criteria for effective treatment pursuant to this section after
					 validation testing at the site of installation cannot be used to treat
					 RMW.
(b) A facility that seeks to
					 operate an autoclave at other than the generally accepted operating parameters
					 (i.e., time, temperature and pressure) outlined in this section must obtain
					 approval from the NYSDOH as an alternative treatment method.
(c) The facility must be designed to promote
					 safe and effective operation of the autoclave. The facility must have procedures
					 to ensure:
(1) the autoclave meets the criteria
					 in this Subpart for effective treatment of RMW;
(2) loads contain only those items or types of
					 RMW for which effective treatment has been demonstrated by validation testing;
					 and exclude RMW for which effective treatment by the system has not been
					 demonstrated or is prohibited;
(3)
					 each load is treated using residence time, temperature and pressure, and with one
					 or more vacuum cycles that have been validated as effective for the treatment of
					 RMW, and conditions of treatment are monitored and documented for each
					 load;
(4) the effectiveness of
					 treatment is maintained, by including, as applicable, procedures for and
					 frequency of: calibration verification and recalibration of parametric controls;
					 monitoring by bio-challenge testing or other demonstration that treatment has
					 been attained; and preventative maintenance of engineering controls (e.g.,
					 charcoal, HEPA filters, etc.) and diagnostic procedures for electronic controls
					 (e.g., integrated computers and mechanical components, etc.);
(5) occupational exposure is minimized, and
					 physical injury to operators is prevented during loading, the cycle, and
					 unloading the autoclave; and
(6)
					 personnel are provided training on the routine operation of the autoclave, are
					 kept current with manufacturer recommendations for operation, and have been
					 instructed in emergency procedures for handling malfunctioning systems and
					 untreated RMW. Training programs must mandate initial training and retraining at
					 least once per calendar year and as necessary for presenting updates on
					 operational information.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-2 - RMW Treatment, Storage, and Transfer Facilities › Section 365-2.8 - Recordkeeping and reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Recordkeeping. The following records must
					 be maintained on-site for a minimum of three years and must be available for
					 inspection and copying by the department.
(1) A
					 record of RMW managed by quantity and category as specified by the generator on
					 the container and treated at the facility. Categories include cultures and
					 stocks, human pathological waste, human blood and blood products, sharps, animal
					 waste, and other (specify characteristics).
(2) A record of how all RMW was managed,
					 including treatment, if applicable. For treatment, copies of certificates of
					 treatment must be retained. For shipment off-site for treatment, copies of
					 tracking documents must be retained.
(3) In addition, treatment facilities must:
(i) retain hard copy or electronic records of
					 validation testing and bio-challenge testing, including protocols and test
					 results;
(ii) retain records of
					 parametric monitoring (e.g., the residence time, pressure and temperature of each
					 load treated);
(iii) document each
					 employee's participation in training and/or retraining in treatment equipment
					 operations;
(iv) document corrective
					 actions; and
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-3 - Other Infectious Wastes › Section 365-3.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This subpart applies to:
(a) Any incidental waste that is not RMW but
					 that has come into contact or is presumed to be contaminated with an infectious
					 agent or toxins of biological origin. Incidental waste means any material
					 generated as a consequence of mitigating exposure to infectious agents or toxins
					 of biological origin (e.g., including waste from work spaces, living spaces, and
					 other similar locations prior to reoccupancy, etc.). For purposes of this
					 Subpart, an infectious agent includes any agent classified as Risk Group 2, 3, or
					 4 by the National Institutes of Health in the NIH Guidelines for Research
					 Involving Recombinant or Synthetic Nucleic Acid Molecules, incorporated by
					 reference in section
					 360.3  of this Title;
(b) Culture samples and devices that are
					 contaminated with an infectious agent or toxins of biological origin (e.g.,
					 pathogenic micro-organisms or toxins that are causative agents of food or
					 water-borne illness) that are likely to pose a health risk to humans or animals
					 and that are not treated before disposal; and
(c) Facilities, including laboratories,
					 conducting research on infectious agents, as defined in subdivision (a) of this
					 section, are regulated by this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-3 - Other Infectious Wastes › Section 365-3.2 - Exempt facilities and activities

Current through Register Vol. 46, No. 28, July 10, 2024
The following facilities and activities are exempt from
						this Subpart.
(a) Storage of waste that
					 has come into contact with an infectious agent at the site of generation provided
					 the storage period does not exceed 30 days and the storage criteria outlined in
					 section 365-1.2  of this Part are followed. If
					 the waste becomes putrescent, the waste must be removed from storage and sent for
					 treatment as soon as practicable.
(b)
					 A facility or activity that uses a material containing an infectious agent at a
					 concentration naturally occurring in the environment.
(c) A facility or activity handling
					 contaminated foodstuffs, samples of foodstuff sent for routine laboratory
					 analyses, environmental samples, or quality control samples provided that
					 contaminated culture samples and devices that are likely to pose a health risk to
					 humans or animals are treated before disposal.