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 373-1.4 - Permit application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
(1) These requirements
					 apply to the owner or operator of a hazardous waste management facility who is
					 required by this Part to apply for a permit to construct or operate a facility.
					 At any time after promulgation of this Part, the owner or operator of an existing
					 hazardous waste management facility which has interim status may be required to
					 submit a Part 373 permit application. Any owner or operator will be allowed at
					 least six months from the date of request to submit the permit application. Any
					 owner or operator of an existing hazardous waste management facility may
					 voluntarily submit a Part 373 permit application at any time. Procedures for
					 application, issuance and administration of research, development and
					 demonstration permits are found exclusively in section
					 373-1.9(c) 
					 of this Subpart. The expanded public participation requirements are included in
					 section
					 373-1.10 
					 of this Subpart.
(2) Permit
					 applicant. Whenever the owner and the operator of a facility are different
					 persons, both the owner and the operator will be issued a permit for the
					 facility. The operator is responsible for obtaining the required permit, but the
					 owner is also required to sign the permit application. The operator must also
					 receive the owner's permission to conduct all regulated activities, including
					 adequate agreement for site access during the post-closure period for disposal
					 facilities. Failure to furnish a requested Part 373 permit application on time,
					 or to furnish in full the information required by the permit application, is
					 grounds for termination of interim status under section
					 373-1.3(h) 
					 of this Subpart and constitutes a violation of this Subpart.
(3) Forms. Applications for permits pursuant to
					 this Part must be submitted on forms prescribed by the commissioner.
(4) Submission of applications. Applications
					 must be submitted as described in this section and section
					 373-1.3(c)-(h) 
					 of this Subpart to the regional permit administrator in the region in which the
					 facility is located or proposed. An application for a Part 373 permit for a new
					 hazardous waste management facility may be filed any time after promulgation of
					 the standards in Subpart 373-2 of this Part, however, all applications must be
					 submitted at least 180 days before physical construction is expected to
					 commence.
(5) Signatories to permit
					 applications and reports.
(i) Applications. All
					 permit applications must be signed as follows:
(a) for a corporation: by a responsible
					 corporate officer. For the purpose of this section, a
responsible
					 corporate officer
means:
(1) a
					 president, secretary, treasurer or vice-president of the corporation in charge of
					 a principal business function, or any other person who performs similar policy or
					 decisionmaking functions for the corporation; or
(2) the manager of one or more manufacturing,
					 production or operating facilities employing more than 250 persons or having
					 gross annual sales or expenditures exceeding $25 million (in second-quarter 1980
					 dollars), if authority to sign documents has been assigned or delegated to the
					 manager in accordance with corporate procedures;
(b) for a partnership or sole proprietorship:
					 by a general partner or the proprietor, respectively; or
(c) for a municipality, State, Federal or other
					 public agency: by either a principal executive officer or ranking elected
					 official. For purposes of this section, a
principal executive
					 officer
of a governmental agency includes:
(1) the chief executive officer of the agency;
					 or
(2) a senior executive officer
					 having responsibility for the overall operations of a principal geographic unit
					 of the agency.
(ii) Reports. All reports required by permits
					 and other information requested by the commissioner must be signed by a person
					 described in subparagraph (i) of this paragraph, or by a duly authorized
					 representative of that person. A person is a duly authorized representative only
					 if:
(a) the authorization is made in writing by
					 a person described in subparagraph (i) of this paragraph;
(b) the authorization specifies either an
					 individual or a position having responsibility for overall operation of the
					 regulated facility or activity, such as the position of plant manager, operator
					 of a well or a well field, superintendent, or position of equivalent
					 responsibility (a duly authorized representative may thus be either a named
					 individual or any individual occupying a named position); and
(c) the written authorization is submitted to
					 the commissioner.
(iii)
					 Changes to authorization. If an authorization under subparagraph (ii) of this
					 paragraph is no longer accurate because a different individual or position has
					 responsibility for the overall operation of the facility, a new authorization
					 satisfying the requirements of subparagraph (ii) must be submitted to the
					 commissioner prior to or together with any reports, information or applications
					 to be signed by an authorized representative.
(iv) Certification.
(a) Any person signing a document under
					 subparagraph (i) or (ii) of this paragraph shall make the following
					 certification:
"I certify under penalty of law that this document and all
						attachments were prepared under my direction or supervision according to a system
						designed to assure that qualified personnel properly gather and evaluate the
						information submitted. Based on my inquiry of the person or persons who manage
						the system, or those persons directly responsible for gathering the information,
						the information submitted is, to the best of my knowledge and belief, true,
						accurate and complete. I am aware that there are significant penalties for
						submitting false information, including the possibility of fine and imprisonment
						for knowing violations."
(b)
					 For remedial action plans (RAPs) under section
					 373-1.11 
					 of this Subpart, if the operator certifies according to clause
					 (
a
) of this subparagraph, then the owner may choose to make the
					 following certification instead of the certification in clause
					 (
a
) of this subparagraph:
"Based on my knowledge of the conditions of the property
						described in the RAP and my inquiry of the person or persons who manage the
						system referenced in the operator's certification, or those persons directly
						responsible for gathering the information, the information submitted is, to the
						best of my knowledge and belief, true, accurate, and complete. I am aware that
						there are significant penalties for submitting false information, including the
						possibility of fine and imprisonment for knowing violations."