New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 373 - Hazardous Waste Management Facilities › Subpart 373-1 - Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements › Section 373-1.2 - Requirements for permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person
					 shall operate an existing hazardous waste management facility without a permit
					 issued pursuant to this Part or without interim status pursuant to this
					 Part.
(b) A person that operates an
					 existing hazardous waste management facility without a permit issued pursuant to
					 this Part must meet the requirements of Subpart 373-3 of this Part and the
					 applicable interim status provisions of this Subpart.
(c) No person shall begin physical construction
					 of or operate a new hazardous waste management facility without a permit issued
					 pursuant to this Part.
(d) Owners and
					 operators of hazardous waste management facilities must have a Part 373 permit
					 during the active life (including the closure period) of the unit, and, for any
					 unit which closes after January 26, 1983, during any post-closure care period
					 required under section
					 373-2.7(g) 
					 of this Part and during any compliance period specified under section
					 373-2.6(g) 
					 of this Part, including any extension of the compliance period under section
					 373-2.6(g)(3) 
					 of this Part. An RCRA part B permit issued by the United States Environmental
					 Protection Agency under 40 CFR parts 270 and 124 does not relieve an owner or
					 operator of the responsibility for obtaining a permit pursuant to this Part.
					 Facilities which currently have a permit issued pursuant to Part 360 of this
					 Title for the management of hazardous waste and qualify for the extension allowed
					 under the State Administrative Procedure Act (SAPA), have authorization to
					 operate until final administrative and judicial disposition of a permit
					 application are made. Both of these facilities must also comply with the
					 requirements of Subpart 373-3 of this Part and the applicable interim status
					 provisions of this Subpart except section
					 373-1.3(g).
(e)
Scope of the Part 373 permit
					 requirement.
The ECL and RCRA require a permit for the treatment,
						storage, and disposal of any hazardous waste as identified or listed in Part 371
						of this Title. The terms treatment, storage, disposal, and hazardous waste are
						defined in section
						370.2(b) 
						of this Title. Owners and operators of hazardous waste management units must have
						permits during the active life (including the closure period) of the unit. Owners
						or operators of surface impoundments, landfills, land treatment units, and waste
						pile units that received wastes after July 26, 1982, or that certified closure
						(according to section
						373-3.7[f][1] 
						of this Part) after January 26, 1983, must have post-closure permits, unless they
						demonstrate closure by removal or decontamination as provided under paragraphs
						(1) and (2) of this subdivision, or obtain an enforceable document in lieu of a
						post-closure permit, as provided under paragraph (3) of this subdivision. If a
						post-closure permit is required, the permit must address applicable Subpart 373-2
						(Groundwater Monitoring, Unsaturated Zone Monitoring, Corrective Action, and
						Post-Closure Care Requirements) of this Part. The denial of a permit for the
						active life of a hazardous waste management facility or unit does not affect the
						requirement to obtain a post-closure permit under this Part.
(1) Closure by removal. Owners or operators of
					 surface impoundments, land treatment units, and waste piles closing by removal or
					 decontamination under Subpart 373-3 of this Part standards must obtain a
					 post-closure permit unless they can demonstrate to the commissioner that the
					 closure met the standards for closure by removal or decontamination in section
					 373-2.11(f),
					 373-2.13(h)(5)
					 or
					 373-2.12(h) 
					 of this Part, respectively. The demonstration may be made in the following ways:
(i) If the owner or operator has submitted a
					 Part 373 application for a post-closure permit, the owner or operator may request
					 a determination, based on information contained in the application, that Subpart
					 373-2 closure by removal standards were met. If the commissioner believes that
					 Subpart 373-2 standards were met, he or she will notify the public of this
					 proposed decision, allow for public comment, and reach a final determination
					 according to the procedures in paragraph (2) of this subdivision.
(ii) If the owner or operator has not submitted
					 a Part 373 application for a post-closure permit, the owner or operator may
					 petition the commissioner for a determination that a post- closure permit is not
					 required because the closure met the applicable Subpart 373-2 closure standards.
(a) The petition must include data
					 demonstrating that closure by removal or decontamination standards were met, or
					 it must demonstrate that the unit closed under the Subpart 373-2 closure by
					 removal standard.
(b) The
					 commissioner shall approve or deny the petition according to the procedures
					 outlined in paragraph (2) of this subdivision.