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 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-9 - Navigational Dredged Material Handling and Recovery Facilities › Section 361-9.5 - Recordkeeping and reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The following criteria apply to both registered and
						permitted facilities:
(a) The facility
					 must keep records in accordance with subdivision 360.19(k)  of this Title. In
					 addition to the requirements of section 360.19  of this Title, all NDM handling
					 and recovery facilities must maintain daily records of the quantity and
					 destination of NDM received at and sent from the facility by material
					 classification, including the quantity and destination of material used as
					 alternative operating cover as described in section 363-6.21  of this
					 Title.
(b) The facility must submit
					 an annual report as required by paragraph 360.19(k)(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 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-1 - Combustion Facilities and Treatment Facilities › Section 362-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subpart applies to any
					 facility that uses combustion, chemical treatment or thermal treatment to treat
					 solid waste. Facilities regulated by this Subpart include, but are not limited
					 to: mass burn, modular, and fluidized bed combustors; thermal treatment
					 facilities that utilize plasma arc, pyrolysis and gasification; low-temperature
					 thermal desorption units such as thermal strippers and soil roasters; and
					 facilities that combust refuse-derived fuel. The requirements contained in Part
					 360 of this Title also apply to this Subpart.
(b) This Subpart does not apply to a facility,
					 or a portion of a facility, that receives organic wastes for anaerobic digestion.
					 That type of facility, or portion of one, is regulated under Subpart 361-3 of
					 this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-1 - Combustion Facilities and Treatment Facilities › Section 362-1.2 - Exempt facilities

Current through Register Vol. 46, No. 28, July 10, 2024
The following facilities are exempt from this
						Subpart:
(a) A combustion facility
					 located at and operated by staff of a hospital, residential health care facility,
					 diagnostic treatment center, or clinical laboratory regulated under 10 NYCRR Part
					 70 that treats regulated medical waste generated on-site. The facility can also
					 accept regulated medical waste from a small quantity generator as defined in
					 Public Health Law, if:
(1) the small quantity
					 generator self-transports to the facility in accordance with Parts 364 and 365 of
					 this Title; and
(2) the combustion
					 facility and the small quantity generator enter into a written agreement prior to
					 receipt of waste, copies of which are submitted to the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-1 - Combustion Facilities and Treatment Facilities › Section 362-1.3 - Registered facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise exempt, 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 and
						comply with Part 360 of this Title and the following operational
						requirements:
(a) a facility that
					 combusts or thermally treats waste tires, where:
(1) the process feedrate does not exceed 10
					 tons per day;
(2) the amount of waste
					 tires stored at the facility does not exceed 100 tons at any time;
(3) waste tires are stored in an enclosed
					 building, enclosed trailers, or other enclosed portable containers;
(4) sufficient water is available on-site to
					 provide moisture to the piles or douse fires;
(5) documentation is available at the facility
					 that demonstrates that storage configuration and fire prevention and protection
					 systems comply with State and local building and fire codes; and
(6) the facility maintains financial assurance
					 in an amount sufficient to cover the costs of closure of the facility in
					 compliance with sections
					 360.21 and
					 360.22  of this Title;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-1 - Combustion Facilities and Treatment Facilities › Section 362-1.4 - Permit application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A combustion or other thermal treatment facility that is
						not an exempt facility or subject to the registration provisions of section
						362-1.3  of this Subpart must obtain a
						permit and must submit an application that includes the requirements identified
						in section 360.16  of this Title, a description
						of how the facility will comply with the operating requirements in Part 360 of
						this Title, sections
						362-1.5 and
						362-1.6  of this Subpart, and the
						following:
(a) An engineering report that
					 includes the total electric power to be consumed and generated at the facility in
					 kilowatt-hours.
(1) a summary of utility
					 requirements, including estimates of:
(i) the
					 type, quantity, and method of storage of fuels or other process materials stored
					 on-site;
(ii) the pressure,
					 temperature, and pounds per hour of all steam to be generated and used at the
					 facility;
(iii) the total electric
					 power to be consumed and generated at the facility in kilowatt-hours;
					 and
(iv) the total water to be used
					 for cooling, quench, sanitary and processing needs, including the amount which
					 is, or can be, recycled or treated.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-1 - Combustion Facilities and Treatment Facilities › Section 362-1.6 - Recordkeeping and reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to
					 the recordkeeping requirements of section
					 360.19(k)  of this
					 Title, combustors and thermal treatment facility records must include records of
					 its radioactive waste detection procedures required by section
					 362-1.5(b)(7)  of
					 this Subpart.
(b) The facility must
					 submit an annual report as required by paragraph 360.19(k)(3) of this
					 Title.
(c) Residue analytical results
					 must be submitted to the department within 30 days of receipt of the result. The
					 results of all ash residue analyses performed to demonstrate compliance with
					 section 362-1.5(c)  and the
					 facility's residue sampling and analysis plan required under 362-1.4(c)(4) must
					 be submitted, including any results that lead to the ash being reanalyzed. In the
					 event that the ash residue is reanalyzed, an explanation must be included in the
					 submittal.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-2 - Municipal Solid Waste Processing Facilities › Section 362-2.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to any facility that performs
						post-collection separation or processing of municipal solid waste to recover
						recyclables or to produce a refuse-derived fuel. This Subpart also applies to any
						combination of these activities. Post-collection separation does not satisfy the
						source-separation requirements of General Municipal Law section 120-aa or local
						recycling laws or ordinances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-2 - Municipal Solid Waste Processing Facilities › Section 362-2.2 - Permit application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Any facility that performs post-collection separation
						and/or processing of municipal solid waste (MSW) to recover recyclables or to
						produce a refuse-derived fuel must obtain a permit from the department and must
						submit an application that includes the requirements identified in section 360.16 
						of this Title, a description of how the facility will comply with the operating
						requirements of section 360.19  of this Title, sections 362-2.3 and 362-2.4  of
						this Subpart, and the following:
(a) A
					 waste control plan that includes:
(1) a program
					 for detecting and preventing the receipt of hazardous wastes at the facility.
					 This program must include, but not be limited to:
(i) random inspections of incoming
					 loads;
(ii) inspections of suspicious
					 loads;
(iii) records of
					 inspections;
(iv) procedures for
					 notifying department staff if a hazardous waste is discovered in a load;
					 and
(v) procedures for proper
					 management of discovered hazardous waste.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-2 - Municipal Solid Waste Processing Facilities › Section 362-2.4 - Recordkeeping and reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to the recordkeeping
					 requirements of subdivision 360.19(k)  of this Title, municipal solid waste
					 processing facilities must maintain records of its radioactive waste detection
					 procedures required by subdivision 362-2.3(d)  of this Subpart.
(b) Facilities regulated under this Subpart
					 must submit an annual report in conformance with paragraph 360.19(k)(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 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-3 - Transfer Facilities › Section 362-3.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subpart applies to any facility that
					 receives solid waste, including source-separated recyclables, for the purpose of
					 transfer to another facility for processing, treatment, disposal or further
					 transfer. This Subpart also applies to any combination of these activities and
					 materials. The requirements contained in Part 360 of this Title also apply to
					 facilities subject to this Subpart. In addition to Part 360 of this Title, and
					 this Subpart, facilities that process and separate construction and demolition
					 debris are also regulated by Subpart 361-5 of this Title.
(b) This Subpart does not apply to:
(1) a facility that receives regulated medical
					 waste, which is regulated under Part 365 of this Title; and
(2) a facility, or a portion of a facility that
					 receives used oil. This type of facility, or portion of one, is regulated under
					 Subpart 374-2 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-3 - Transfer Facilities › Section 362-3.2 - Exempt facilities

Current through Register Vol. 46, No. 28, July 10, 2024
The following facilities are exempt from this Subpart.
						Nothing in this section exempts facilities that are subject to permit or
						registration requirements under another Subpart of this Title.
(a) A facility where waste is transferred from
					 vehicle to vehicle, including truck to train and truck to barge, for shipment to
					 another authorized facility, provided the following criteria are met:
(1) the transfer facility only accepts waste
					 from transporters that are under its ownership or control;
(2) the waste is in rigid, leak-proof, closed
					 containers;
(3) the containers are
					 not placed on the ground at any time during transfer; and
(4) the contents of each container remain in
					 the closed container during all operations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-3 - Transfer Facilities › Section 362-3.3 - Registered facilities

Current through Register Vol. 46, No. 28, July 10, 2024
The following facilities that are not otherwise exempt from
						this Subpart, are subject to the registration provisions of section
						360.15  of this Title. Each facility
						must comply with the operational criteria provided in Part 360 of this Title,
						subdivision 362-3.5(a)  of this
						Subpart and the operational requirements identified below.
(a) A transfer facility that is owned or
					 operated by a municipality, or contracted by or on behalf of a municipality, and
					 receives less than 50 tons of waste per day, provided the following conditions
					 are satisfied:
(1) a maximum of 250 tons or
					 1,000 cubic yards of waste is located at the facility at any given
					 time;
(2) all putrescible waste is
					 removed from the facility by the end of the next business day after the transfer
					 container becomes full or within seven calendar days of receipt, whichever occurs
					 first, and all nonputrescible waste is removed within 30 calendar days of
					 receipt;
(3) the facility accepts
					 waste only when an attendant is on duty; and
(4) the municipality provides for the
					 collection of source-separated recyclables at the facility unless alternative
					 recyclables collection methods are available and the department agrees in writing
					 that the alternative methods meet the requirements of this
					 paragraph.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-3 - Transfer Facilities › Section 362-3.4 - Permit application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A transfer facility that is not an exempt facility or
						subject to the registration provisions of section 362-3.3  of this Subpart must
						obtain a permit, and must submit an application that includes the requirements
						identified in section 360.16  of this Title and a description of how the facility
						will comply with the operating requirements of section 360.19  of this Title,
						sections 362-3.5 and
						3.6  of this
						Subpart, and the following:
(a) A
					 radioactive waste detection plan. If a radiation detection unit is required at
					 the facility pursuant to subdivision 362-3.5(e)  of this Subpart, a radioactive
					 waste detection plan must be provided that describes the procedures and equipment
					 that will be used to demonstrate compliance with requirements for detecting
					 radioactive material; operation and maintenance documents for radiation detectors
					 including investigation alarm setpoint settings and calibration methods; and
					 response procedures to be implemented when radioactive waste is detected as
					 required by subdivision 362-3.5(e)  of this Subpart.
(b) A program for detecting and preventing the
					 receipt of hazardous wastes at the facility. This program must include, but not
					 be limited to:
(1) random inspections of
					 incoming loads;
(2) inspections of
					 suspicious loads;
(3) records of
					 inspections;
(4) procedures for
					 notifying the proper authorities if a hazardous waste is discovered in a load;
					 and
(5) procedures for proper
					 management of discovered hazardous waste.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-3 - Transfer Facilities › Section 362-3.6 - Recordkeeping and reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to the recordkeeping
					 requirements of subdivision 360.19(k)  of this Title, transfer facility records
					 must include records associated with the radioactive waste detection procedures
					 required by subdivision 362-3.5(e)  of this Subpart, if applicable.
(b) Transfer facilities registered or permitted
					 pursuant to this Subpart must submit an annual report in conformance with
					 paragraph 360.19(k)(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 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-4 - Household Hazardous Waste Collection Facilities and Events › Section 362-4.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to the collection, storage or disposal
						of household hazardous waste (HHW) or hazardous wastes from conditionally exempt
						small quantity generators (CESQGs) as defined in Part 371 of this Title, managed
						at HHW collection facilities or HHW collection events. This Subpart also applies
						to any combination of these activities and materials. The requirements contained
						in Part 360 of this Title also apply to this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-4 - Household Hazardous Waste Collection Facilities and Events › Section 362-4.3 - Permit application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A HHW collection facility, which does not qualify for a
						registration under section 362-4.2  of this Subpart, must obtain a permit, and
						must submit an application that includes the application requirements identified
						in section 360.16  of this Title, and a description of how the facility will
						comply with the operating requirements in section 360.19  of this Title and
						sections 362-4.4 and 362-4.5  of this Subpart, and must include the
						following:
(a) A description of the HHW
					 collection facility's operation and, if applicable, satellite collection events,
					 including:
(1) the days and hours of
					 operation;
(2) a projection of the
					 volume, by waste type, expected at the facility;
(3) the location of all satellite collection
					 events associated with the facility; and
(4) a description of the waste containment
					 system.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-4 - Household Hazardous Waste Collection Facilities and Events › Section 362-4.4 - 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 for HHW and CESQG waste. HHW collected that does not qualify as either
						type of waste must be disposed as solid waste.
(a) The facility must be equipped with the
					 following:
(1) an internal communication or
					 alarm system;
(2) a communication
					 device capable of summoning emergency assistance or emergency response;
(3) decontamination equipment; and
(4) fire suppression equipment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-4 - Household Hazardous Waste Collection Facilities and Events › Section 362-4.5 - Recordkeeping and reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The following criteria apply to both registered events and
						permitted facilities:
(a) The facility
					 or collection event must keep records as required by subdivision
					 360.19(k)  of this
					 Title. In addition, the following records must be kept:
(1) for each container into which other
					 containers of HHW or CESQG waste are placed, a log must be kept that notes the
					 beginning date of accumulation and the date the container became full;
(2) for each container into which consolidated
					 HHW or CESQG waste is placed, a log must be kept that notes the beginning date of
					 accumulation and the date the container became full;
(3) a log that lists each container stored at
					 the facility or collection event, and includes waste type, hazard class,
					 beginning and ending accumulation dates, and location; and
(4) copies of shipping documents.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-5 - Paint Collection Sites Collecting Postconsumer Architectural Paint Under a Department-Approved Postconsumer Paint Collection Program › Section 362-5.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subpart
					 applies to the collection and storage of postconsumer architectural paint from
					 households or conditionally exempt small quantity generators (CESQGs) pursuant to
					 a department-approved postconsumer paint collection program (PPCP) pursuant to
					 Title 20 of Article 27 of the ECL.
(b) Any paint collection site that accepts
					 household hazardous waste (HHW) or hazardous wastes from CESQGs as defined in
					 Part 371 of this Title other than that generated from postconsumer architectural
					 paint, must be authorized as required by Subpart 362-4 of this
					 Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-5 - Paint Collection Sites Collecting Postconsumer Architectural Paint Under a Department-Approved Postconsumer Paint Collection Program › Section 362-5.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions apply to this Subpart:
(a)
architectural paint
means
					 interior and exterior architectural coatings sold in containers of five gallons
					 or less; provided, however, that "architectural paint" shall not include
					 industrial, original equipment or specialty coatings.
(b)
postconsumer paint
means
					 architectural paint not used and no longer wanted by a consumer.
(c)
producer
means a
					 manufacturer of architectural paint who sells, offers for sale or distributes the
					 architectural paint in the state.
(d)
postconsumer paint collection
					 program (PPCP)
means the postconsumer paint collection program
					 established pursuant to section 27-2003 of the ECL.
(e)
representative
					 organization
means a not-for-profit organization established by
					 producers to implement the postconsumer paint collection
					 program.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-5 - Paint Collection Sites Collecting Postconsumer Architectural Paint Under a Department-Approved Postconsumer Paint Collection Program › Section 362-5.3 - Exempt Sites

Current through Register Vol. 46, No. 28, July 10, 2024
The following sites are exempt from this Subpart. Nothing
						in this section exempts paint collection sites that are subject to permit or
						registration requirements under another Subpart of this Title.
(a) A paint collection site that registered
					 with the department to collect postconsumer paint under a department-approved
					 PPCP plan, which collects and manages only latex paint wastes and other
					 architectural paint wastes that do not meet the definition of HHW as defined in
					 Section 360.2  or CESQG
					 waste.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-5 - Paint Collection Sites Collecting Postconsumer Architectural Paint Under a Department-Approved Postconsumer Paint Collection Program › Section 362-5.4 - Registered Paint Collection Sites

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 paint collection site that collects and manages architectural paint household
					 hazardous wastes or wastes from CESQGs as part of a department-approved PPCP plan
					 pursuant to Title 20 of Article 27 of the ECL is a registered facility under this
					 Subpart and Part 360 of this Title. Such a facility is not subject to the
					 requirements of section
					 360.15  of this Title. The
					 registration is effective for so long as the PPCP plan remains effective and the
					 site is operated in compliance with the PPCP plan and its
					 registration.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 362 - Combustion, Treatment, Transfer, and Collection Facilities › Subpart 362-5 - Paint Collection Sites Collecting Postconsumer Architectural Paint Under a Department-Approved Postconsumer Paint Collection Program › Section 362-5.5 - Operating Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 paint collection site registered under this Subpart is not subject to the
					 requirements of section
					 360.19  of this Title. A paint
					 collection site registered under this Subpart is authorized to accept HHW or
					 CESWG waste generated from architectural paint pursuant to a department-approved
					 PPCP plan provided the following requirements are met:
(1) the authorized representative of the site
					 completes and signs a Certification for Postconsumer Paint Collection Site, as
					 prescribed by the department, and the Certification is submitted to the
					 department either directly or via a paint producer or representative
					 organization; and
(2) the site is
					 operated in compliance with the department-approved PPCP
					 plan.
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 363-1 - APPLICABILITY › Section 363-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to the
					 requirements contained in Part 360 of this Title, this Part applies to new
					 landfills, existing landfills both active and inactive, lateral or vertical
					 expansions of existing landfills, and landfills undergoing subsequent
					 development. This Part also applies to any combination of these activities. This
					 Part also applies to inactive disposal facilities subject to Subpart 363-3 of
					 this Part.
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 363-2 - Exempt Facilities › Section 363-2.1 - Exempt facilities

Current through Register Vol. 46, No. 28, July 10, 2024
The following activities or facilities are exempt from this
						Part:
(a) The storage, processing, and
					 disposal of solid waste generated by an owner-occupied single-family residence
					 provided all activities occur on the property where the waste was generated, with
					 the exception of the following wastes:
(1)
					 manufactured homes being disposed of that are not the owner's primary
					 residence;
(2) friable
					 asbestos-containing waste;
(3) waste
					 tires;
(4) septage;
(5) raw sewage;
(6) syringes;
(7) pesticides and pesticide
					 containers;
(8) electronic
					 waste;
(9) mercury-added consumer
					 products, including mercury thermostats;
(10) household hazardous wastes
					 (HHW);
(11) rechargeable or lead-acid
					 batteries;
(12) used oil;
					 and
(13) antifreeze.
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 363-3 - Inactive Disposal Facilities › Section 363-3.1 - Notifications for inactive disposal facilities

Current through Register Vol. 46, No. 28, July 10, 2024
The owner or operator of a disposal facility at which waste
						acceptance ceased prior to October 9, 1993 must notify the department in writing,
						of:
(a) any intent or plan to disturb
					 the disposal area. Notification to the department must be made prior to
					 disturbance of the disposal area or, if applicable, any landfill cap;
					 or
(b) the discovery of any exposed
					 waste, a surface discharge of leachate not permitted pursuant to a State
					 Pollutant Discharge Elimination System permit, a contravention of groundwater
					 quality standards promulgated by the department pursuant to ECL section 17-0301,
					 migration of disposal facility gases beyond the perimeter of the disposal
					 facility, vectors, subsidence or subsidence-induced ponding, slope failures, or
					 any other significant adverse environmental impacts from the disposal
					 facility.
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 363-3 - Inactive Disposal Facilities › Section 363-3.2 - End use

Current through Register Vol. 46, No. 28, July 10, 2024
The owner or operator of a disposal facility where an end
						use is proposed must meet the requirements of section
						363-9.7.
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 363-4 - Permit Application Requirements › Section 363-4.1 - Landfill permit application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise exempt, the owner or operator of a
						landfill must obtain a permit from the department. In addition to the criteria
						found in section 360.16  of this Title, a permit application for a landfill must
						contain the information enumerated in 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 363-4 - Permit Application Requirements › Section 363-4.2 - Engineering drawings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Maps and drawings. Maps and drawings using
					 the following format and containing the following information must be submitted:
(1) a regional map that provides the location
					 of the facility and the location of and distance to any airports located within
					 six miles of the facility;
(2) a
					 vicinity map that delineates zoning and land use, communities of disproportionate
					 impact, residences, principal aquifers, primary aquifers, surface waters, access
					 roads, and other existing and proposed features on the facility and within one
					 mile of the facility; and a wind rose identifying the prevailing wind direction
					 based on the nearest local source of meteorological data; and
(3) a site plan and drawings of the facility
					 that show:
(i) property boundaries;
(ii) off-site and on-site utilities, including
					 electric, gas, stormwater and sanitary systems;
(iii) right-of-way easements including noise
					 easements;
(iv) the names and
					 addresses of contiguous property owners;
(v) the location of soil borings, excavations,
					 test pits, gas venting structures, wells, piezometers, environmental and facility
					 monitoring points and devices, benchmarks and permanent survey markers. With the
					 exception of benchmarks and permanent survey markers, each location must be
					 identified in accordance with a numbering system acceptable to the department.
					 All horizontal locations must be accurate to the nearest tenth of a foot and all
					 vertical locations must be accurate to the nearest 100th of a foot as measured
					 from the ground surface and top of well casing;
(vi) a delineation of the total facility area,
					 including planned staged development of the landfill's construction and
					 operation, and the lateral and vertical limits of previously filled areas (if
					 applicable);
(vii) the location and
					 identification of on-site sources of cover materials;
(viii) the location and identification of
					 special waste (such as, alternative operating cover materials or select fills)
					 handling areas;
(ix) on-site
					 buildings, leachate storage and conveyance systems, landfill gas management
					 system components, roads, and parking areas; and
(x) site topography with five-foot minimum
					 contour intervals.
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 363-4 - Permit Application Requirements › Section 363-4.4 - Hydrogeologic investigation report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 hydrogeologic investigation report is required and must contain the following:
(1) A description of the geology and hydrology
					 of the existing or the facility in sufficient detail to determine the suitability
					 of the site for the disposal of waste. The report must be submitted under the
					 stamp and signature of a professional geologist or professional engineer licensed
					 and currently registered to practice in the State of New York. The scope and
					 extent of the hydrogeologic investigation must be based on the hydrogeologic
					 complexity of the site and the ability of the site to restrict contaminant
					 migration, and include:
(i) an understanding of
					 groundwater and surface water flow and how it relates to local and regional
					 patterns, including a groundwater table elevation map with groundwater flow
					 direction calculated from hydraulic head measurements;
(ii) a definition of the critical stratigraphic
					 section;
(iii) the establishment of
					 an environmental monitoring system capable of readily detecting a contaminant
					 release from the facility; and
(iv) a
					 description of the engineering properties of the site, which provide the basis
					 for the design and construction of the facility including the; and contingency
					 plans relating to groundwater or surface water contamination or gas
					 migration.
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 363-4 - Permit Application Requirements › Section 363-4.5 - Construction quality assurance (CQA) and construction quality control (CQC) plan

Current through Register Vol. 46, No. 28, July 10, 2024
The CQA and CQC plan must address the observations and
						tests that will be used before, during, and upon completion of construction to
						ensure that the construction materials and activities meet the requirements of
						Subpart 363-6 of this Part. For each specified phase of construction, this plan
						must include:
(a) Delineation of
					 responsibilities. A delineation of the responsibilities of all personnel involved
					 in implementing the CQA and CQC plan. A specific chain of command for both the
					 CQA and CQC inspectors and the project engineer must be identified. The minimum
					 number of CQA and CQC officers and supporting personnel to be provided must be
					 described for each major phase of construction.
(b) Personnel qualifications. A description of
					 the required level of experience, training, and certification for the contractor,
					 installation crew, and CQA and CQC officers and inspectors. In addition, a
					 description of any professional, financial, or other relationships between the
					 project engineer, the facility owner or operator, and the construction
					 contractor(s), and a demonstration that they are capable of operating
					 independently and without influence must be included.
(c) Inspection activities. A description of all
					 field observations, tests, equipment, and calibration procedures for field
					 testing equipment that will be used.
(d) Sampling strategies. A description of all
					 construction material sampling protocols, including sample size, methods for
					 determining sample locations and frequency of sampling.
(e) Documentation. A description of the
					 recordkeeping requirements for CQA and CQC activities. This must include daily
					 summary reports, inspection data sheets, problem identification and corrective
					 measures reports, acceptance reports, and final documentation.
(f) A certification that the CQA and CQC plan
					 is referenced in appropriate construction contract documents.
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 363-4 - Permit Application Requirements › Section 363-4.6 - Facility manual

Current through Register Vol. 46, No. 28, July 10, 2024
The facility manual must: refer to engineering drawings and
						reports prepared in accordance with this Subpart as appropriate; describe the
						anticipated day-to-day facility operations throughout the active life of the
						landfill; address appropriate sequencing of all major landfilling activities;
						demonstrate how the landfill will meet the operating and reporting requirements
						enumerated in Subparts 363-7 and 363-8 of this Part; and include the following
						information:
(a) Sustainability plan.
					 The sustainability plan must describe how the landfill will be designed and
					 operated in a manner that will conserve and sustain natural resources. The
					 sustainability plan must describe how natural resources and airspace will be
					 conserved through use of concepts such as front-end diversion of recyclables,
					 reduced disposal of organic wastes, reduction in greenhouse gas emissions,
					 utilization of alternative operating cover materials, alternative energy or
					 materials resource production, promote rapid waste mass stabilization, utilize
					 landfill reclamation, or other sustainable landfill management techniques. The
					 sustainability plan must be updated and submitted to the department no less than
					 every five years and at the time of permit renewal.
(b) Post-construction care plan. The
					 post-construction care plan must describe procedures to ensure that the
					 post-construction care requirements will be maintained prior to initial
					 operation.
(c) Fill progression and
					 placement plan. The fill progression and placement plan must include:
(1) a description of the procedures and
					 precautions to be taken during the placement of the first five-foot lift of
					 select waste above the liner and leachate collection system describing the select
					 waste, its placement, and operation of collection vehicles and compaction
					 equipment to prevent damage to the liner system;
(2) a description of the landfill's fill
					 progression, addressing and detailing typical daily cell progression and lift
					 height, fill sequence, and provisions for subsequent development of the landfill,
					 referring to engineering drawings and reports prepared in accordance with this
					 Subpart;
(3) a description of a
					 monitoring program that will ensure that the maximum in-place waste density as
					 established in the application will not be exceeded;
(4) a daily log of wastes received at the
					 landfill that includes the location of each day's operation in accordance with
					 the fill progression plan;
(5) a
					 depiction of the final grades as described in the approved closure plan; and
(6) the location of vertical and
					 horizontal gas collection lines.
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 363-5 - siting Requirements › Section 363-5.1 - Siting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements of section
						360.8  of this Title, the following
						siting requirements apply to all new landfills and expansions of existing
						landfills regulated under this Part:
(a)
					 Bedrock and Unconsolidated Deposits
(1) Bedrock
					 underlying the site must not be subject to rapid or unpredictable groundwater
					 flow, unless it can be demonstrated to the department that a containment failure
					 of the landfill would not result in contamination entering the bedrock
					 system.
(2) Unconsolidated Deposits:
					 A minimum of ten feet of unconsolidated deposits must exist beneath the proposed
					 landfill site to minimize the migration of contaminants from the facility.
(i) At new landfill sites, these deposits must
					 consist of low permeability soils with silty and clayey characteristics and with
					 the ability to attenuate and absorb contaminants. Large-scale, permeable
					 deposits, which could result in migration of contaminants off-site prior to
					 detection and/or remediation, must not be present.
(ii) At existing landfill sites active on or
					 after November 4, 1992 operating under and in compliance with a current permit or
					 order on consent, there are no soil type restrictions provided the applicant
					 demonstrates that the expansion site will have no significant adverse impact on
					 groundwater.
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 363-6 - Design, Construction And Certification Requirements › Section 363-6.2 - Horizontal separation requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The minimum horizontal separation between the edge of
						placed waste and the property line must be 100 feet for any landfill, except for
						landfills in Nassau and Suffolk Counties where the minimum separation must be 50
						feet.
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 363-6 - Design, Construction And Certification Requirements › Section 363-6.3 - Groundwater separation

Current through Register Vol. 46, No. 28, July 10, 2024
In cases where the base of the constructed liner system is
						less than five feet above the seasonal high groundwater elevation, the department
						will require additional groundwater suppression systems to ensure that
						groundwater does not come in contact with the lowest portion of the landfill
						liner. At sites where perched water is encountered, the department will determine
						with respect to groundwater separation distances whether separation distances
						will be measured from the perched zone or the non-perched water table. The nature
						of the materials making up this separation, whether natural or backfilled, is
						subject to department approval. This minimum five feet separation requirement may
						be reduced or waived upon demonstration of selection of a suitable landfill site,
						as defined under section 363-5.1(a)  of this Part and, that the proposed activity
						will have no significant adverse impact on the overall stability of the landfill,
						the environment, or natural resources and that the landfill's performance will be
						consistent with that which is expected from the application of this Part. In
						these cases, the department will require additional groundwater suppression
						systems to ensure that the seasonal high groundwater table does not come in
						contact with the lowermost portion of the landfill liner during construction, and
						until the hydrostatic pressures are equalized by weight of the liner system
						and/or waste.
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 363-6 - Design, Construction And Certification Requirements › Section 363-6.4 - Bedrock separation

Current through Register Vol. 46, No. 28, July 10, 2024
A minimum of ten feet of vertical separation is required
						between bedrock and the base of the constructed liner at all points along the
						liner system, except as provided in section
						363-6.11(a)(4)  of
						this Part. The material between the base of the constructed liner and bedrock,
						whether natural or backfilled, is subject to department approval. The material
						must consist of low permeability soils with silty and clayey characteristics and
						with the ability to attenuate and absorb contaminants.