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 361-5 - Construction and Demolition Debris Handling and Recovery Facilities › Section 361-5.5 - Design and operating requirements for registered and permitted facilities

Current through Register Vol. 46, No. 28, July 10, 2024
A C&D debris handling and recovery facility required to
						obtain a registration or permit must, in addition to the requirements identified
						in Part 360 of this Title, design, construct, maintain, and operate the facility
						in compliance with the following:
(a)
					 All receiving, processing, and sorting activities must be conducted in an
					 enclosed building unless otherwise specified in this Subpart or in the transition
					 provisions of section
					 360.4(b)(4)  of this
					 Title. An enclosed building is not required for concrete and other masonry
					 material (including reinforcing embedded in concrete), asphalt pavement, asphalt
					 millings, brick, rock, excavated material, roofing shingles or unadulterated
					 wood.
(b) All waste and recovered
					 material delivered to and leaving the facility must be weighed or otherwise
					 measured and recorded in cubic yards and tons.
(c) Friable asbestos-containing waste must not
					 be accepted at the facility. Non-friable asbestos-containing waste, if received
					 at the facility, must not be handled or processed in any way that would cause the
					 material to become crumbled, pulverized, or reduced to powder.
(d) The facility must not accept C&D
					 debris, excavated material, or similar material from a site being remediated
					 pursuant to a program administered by the department or EPA unless accompanied by
					 written approval from the department or EPA.
(e) Any Fill Type 4, Fill Type 5 or its residue
					 leaving the facility for reuse must be analyzed in accordance with the sampling
					 and analysis requirements in section
					 360.13(e)  of this
					 Title, except a minimum of one analysis is required for every 1,000 cubic yards
					 of material produced. Any Fill Type 1, Fill Type 2 or Fill Type 3 leaving the
					 facility for reuse must be analyzed at least four times per year in accordance
					 with the sampling and analysis requirements in section
					 360.13(e)  of this
					 Title. The department may direct that this sampling be performed at any time
					 during the calendar year.
(f) Storage
					 requirements.
(1) Storage of processed and
					 unprocessed C&D debris is limited as follows:
(i) Unprocessed asphalt pavement, asphalt
					 millings, concrete and other masonry materials (including reinforcing embedded in
					 concrete), brick, excavated material, rock, or wood can be stored uncovered, but
					 in all cases storage is limited to 365 calendar days unless the following
					 criteria are satisfied to justify a longer storage period.
(a) There is a demonstrated need to store for a
					 longer period, such as a market agreement with terms of receipt based on greater
					 than 365-day intervals or volumes that may take longer than 365 days to
					 acquire.
(b) The facility has
					 sufficient storage area to prevent a negative impact to public health or the
					 environment.
(c) The facility
					 implements an inventory control system, including daily logs, to ensure that the
					 processed recyclables do not remain at the facility for longer than the period
					 approved.
(d) Prior to storing
					 unprocessed and processed recyclables for longer than 365 calendar days, the
					 facility must notify the department of its intent and include justification based
					 on the requirements of this subdivision.