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 364-2 - EXEMPTIONS › Section 364-2.1 - Exempt transport

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the exemptions provided in section
						360.14  of this Title, the following
						are exempt from this Part:
(a) Transport
					 of waste by rail, water and air carriers.
(b) Transport of the following wastes, provided
					 no other regulated waste is intermixed, contained in or otherwise included with
					 the waste:
(1) Residential and institutional
					 waste unless it is raw sewage, septage, sludge from a sewage or water supply
					 treatment plant, low-level radioactive waste, waste tires, or waste
					 oil.
(2) Source-separated HHW
					 self-transported from a household to a HHW collection event or permitted HHW
					 collection facility. Source-separated HHW transported in any quantity by any
					 other method is not exempt.
(3) Waste
					 generated from agricultural operations provided any waste pesticides are
					 transported by the farmer to a department-approved HHW or pesticide collection
					 event site.
(4) Waste transported by
					 farm vehicles for use on a farm.
(5)
					 Tree debris.
(6) Regulated waste in
					 quantities less than or equal to 2,000 pounds in any single shipment, except as
					 follows:
(i) C&D debris in quantities less
					 than or equal to 10 cubic yards in any single shipment.
(ii) Hazardous waste as defined in Part 371 of
					 this Title in any quantity.
(iii)
					 Universal waste as defined in Section
					 370.2  of this Title in quantities
					 less than 500 pounds in any single shipment, unless otherwise specified in this
					 Part.
(iv) Waste generated and
					 transported by a conditionally exempt small-quantity generator pursuant to
					 section 371.1(f)  of this
					 Title, provided that no more than a total of 500 pounds of hazardous waste or no
					 more than 2.2 pounds of acute hazardous waste are transported in any single
					 shipment.
(v) RMW in quantities less
					 than 50 pounds in a single vehicle by private parcel delivery systems or by the
					 United States Postal Service, provided the transporting entities comply with the
					 packaging, labeling, tracking document and other transport requirements of the
					 USDOT for the waste.
(vi) RMW in
					 quantities less than 50 pounds in a single vehicle, contaminated with a
					 radioisotope and transported by an employee or courier of a radiopharmacy
					 registered in accordance with Part 365 of this Title, provided that the RMW is
					 returned to the dispensing radiopharmacy.
(vii) Household sharps in quantities less than
					 50 pounds in a single vehicle, provided the vehicle is owned and operated by a
					 participant in the NYSDOH"s New York State Safe Sharps Collection
					 Program.
(viii) Waste tires in loads
					 of 20 or fewer waste tires.
(ix)
					 Waste oil in quantities of 55 gallons or less in a single
					 shipment.
(7) C&D
					 debris leaving a construction and demolition debris handling and recovery
					 facility except for fill, residues, and material which does not meet the
					 requirements of a beneficial use determination (BUD) specified in section
					 360.12  of this Title.
(8) Elemental mercury and dental amalgam waste
					 regulated pursuant to Subpart 374-4 of this Title, generated at dental facilities
					 and destined for mercury recovery.
(9) Electronic waste directed for scrap metal
					 recycling under section
					 371.1(g)(1)(iii) 
					 ('b') or (e)(1)(xiii) of this Title.
(10) Lead-acid batteries destined for recycling
					 as authorized in Part 370 of this Title.
(11) Consumer products in transit that have
					 been determined by an appropriate state or federal official or agency to be
					 unsuitable for their intended use and for which the official or agency has
					 directed the immediate transport of those products for management at an
					 authorized facility.
(12) Material
					 that has an approved BUD in accordance with sections
					 360.12 and
					 360.13  of this Title, at the point
					 that the BUD approval indicates that the material is no longer a solid waste,
					 except the following fill is excluded from this exemption:
(i) Transport of Fill Type 1, Fill Type 2, Fill
					 Type 3, Fill Type 4 or Fill Type 5 within the New York City Metropolitan Area
					 Waste Impact Zone; and
(ii) Transport
					 of Fill Type 4 or Fill Type 5 outside of the New York City Metropolitan Area
					 Waste Impact Zone.
(13)
					 Concrete or concrete products (including those that have embedded reinforcement),
					 asphalt pavement, asphalt millings, brick, and rock or mixtures of these
					 materials, except that transport of the material within the New York City
					 Metropolitan Area Waste Impact Zone is subject to the requirements of this
					 Part.
(14) Oil, gas, solution mining,
					 stratigraphic, brine disposal and geothermal well cuttings that are rock chips,
					 fragments and/or fines generated during drilling which are uncontaminated by
					 drilling and completion fluids including any additives.
(15) Non-hazardous bottom and fly ash from
					 municipal solid waste combustors.
(16) RMW transported by emergency rescue
					 vehicles, a blood service collection vehicle or a vehicle operated by a public
					 health nurse or veterinarian in the conduct of routine business, where the
					 transportation of the waste is incidental to the primary function of the vehicle.
					 The RMW must be transported to a RMW management facility regulated by the
					 department or the Department of Health.
(17) Medical devices intended to be reprocessed
					 or remanufactured provided the transportation complies with USDOT
					 regulations.
(18) Regulated waste
					 transported by a law enforcement agency to an authorized facility.
(19) Regulated waste transported during an
					 explosives or munitions emergency response as defined in section
					 370.2(b)  of this
					 Title conducted in accordance with section
					 373-1.1(d)(1)(xiii) 
					 ('a')('4') of this Title.
(20)
					 Regulated waste transported by a public utility, public railroad service, or
					 public transportation agency when the transportation of the waste is incidental
					 to the primary function of the transport vehicle. This exemption extends to
					 entities contracted to conduct work for a public utility, public railroad service
					 or public transportation agency when the work is conducted in accordance with
					 that agency"s contract documents and specifications.
(21) Waste transported wholly on-site at the
					 point of origination, generation, or occurrence of the waste.
(22) Waste transported on or across privately
					 or publicly owned parcels that does not result in travel on any highway, road,
					 street, avenue, alley, public place, public driveway or any other public
					 way.