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 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-3 - Other Infectious Wastes › Section 365-3.3 - Registration

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities of the following types are subject to the
						registration provision of section
						360.15  of this Title unless otherwise
						exempt. These facilities are not subject to section
						360.19  of this Title but must comply
						with the following operating requirements.
(a) Storage of waste at the site of generation
					 that has come into contact with an infectious agent or toxins of biological
					 origin must follow the criteria for RMW found in section
					 365-1.2  of this Part.
(b) Storage and transfer locations at locations
					 other than at the site of the generation, must comply with the following:
(1) Each facility must be equipped with potable
					 water and electricity and must implement procedures to minimize the potential for
					 exposure and prevent the release or spread of infectious agents.
(2) The facility must limit the amount of time
					 contaminated waste is staged to a maximum of 14 days, and must contain the
					 waste.
(3) The facility must be
					 secured and monitored.
(4) Packaged
					 untreated waste or waste that has not met specific treatment standards for
					 microbial inactivation must be separated by waste type in labeled separate
					 containers and locations from waste that has been treated.
(5) Waste must be placed on an impermeable
					 surface with the use of berms and absorbents as necessary to prevent a bioaerosol
					 release.
(6) Waste must remain in the
					 original containers and the containers may not be opened at the registered
					 facility.
(7) No additional mixing,
					 pumping, altering of packaging or handling of waste which may lead to a discharge
					 is allowed.
(8) Waste must be
					 transported to an authorized facility for treatment or disposal in accordance
					 with this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 365 - Regulated Medical Waste and Other Infectious Wastes › Subpart 365-3 - Other Infectious Wastes › Section 365-3.4 - Criteria for off-site transport of waste that has come into contact with an infectious agent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The waste must be packaged
					 using the criteria applicable to RMW, in both a primary and secondary container,
					 as outlined in section
					 365-1.2(c)(7)  of
					 this Part.
(b) Storage, treatment, or
					 transfer of the waste, other than storage facilities outlined in subdivisions
					 365-3.2(a) and
					 365-3.3(b)  of this
					 Subpart, must occur at an RMW treatment, storage, or transfer facility approved
					 under Subpart 365-2 of this Part. The treatment system must be capable of
					 treating the type and characteristics of the waste.
(c) The transporter of the waste must be
					 permitted to transport RMW under Part 364 of this Title.
(d) The waste must comply with the tracking
					 document requirements applicable to RMW specified in this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-1 - General › Section 366-1.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
In furtherance of the policy objectives set forth in
						subdivision 27-0106(2) of the Environmental Conservation Law, this Part specifies
						the standards for the content, review and approval of a local solid waste
						management plan (LSWMP) by the department. As specified in paragraph 360.19(c)(2)
						of this Title, solid waste management facilities are prohibited from accepting
						waste from a municipality that is not included in a department approved LSWMP. As
						specified in paragraph 360.16(c)(5), an application for a solid waste management
						facility permit is required to demonstrate that the facility is consistent with
						the goals and objectives of a department approved LSWMP, if one exists. Certain
						applications for state assistance also require description of consistency with a
						department-approved LSWMP, as specified in subdivisions 369-2.3(c) and 369-3.3(c) 
						of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-1 - General › Section 366-1.2 - General criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) LSWMP
					 must:
(1) comply with the criteria specified in
					 section 27-0107 of the ECL for LSWMPs;
(2) take into account the objectives of the
					 state solid waste management policy set forth in section 27-0106 of the
					 ECL;
(3) take into account, and as
					 appropriate, incorporate the goals and objectives of the current state solid
					 waste management plan;
(4) provide
					 for or take into account all the solid waste generated within the planning unit
					 for a ten-year period; and
(5) embody
					 sound principles of solid waste management, natural resource conservation and
					 energy production while fostering employment-creating opportunities.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-2 - Local Solid Waste Management Plan (LSWMP) Contents › Section 366-2.1 - Description of planning unit

Current through Register Vol. 46, No. 28, July 10, 2024
A LSWMP must include a description of the planning unit,
						including:
(a) a list of all planning
					 unit members including all municipalities, agencies, and authorities along with a
					 description of each member's role and responsibilities;
(b) the population of the planning unit,
					 including estimates for rural, urban and suburban populations;
(c) a list of neighboring planning units or
					 other neighboring jurisdictions;
(d)
					 a description of any significant or special characteristics or circumstances
					 pertaining to the planning unit which would have a substantial impact on the
					 volume or composition of waste generated within the planning unit as compared to
					 the information available from the department's generic waste composition data.
					 Examples of these special characteristics or circumstances include; major
					 population centers, large or significant industries, institutions, commercial
					 activity, agricultural activities, significant seasonal variations of population
					 and land use, and state or federal parks, along with their effect on waste
					 generation, materials recovery and program implementation; and
(e) a brief description of the solid waste
					 management activities and practices of the planning unit and its members for the
					 previous ten years including:
(1) a brief
					 summary of the implementation of the previous LSWMP including a description, in
					 both qualitative and quantitative terms, of the solid waste management practices
					 successfully implemented and a description of practices that were not
					 successfully implemented; and
(2) a
					 summary of changes to the planning unit since approval of the previous LSWMP, and
					 their quantitative and qualitative impacts on the planning unit, neighboring
					 planning units or other neighboring jurisdictions, including but not limited to,
					 planning unit membership changes, new or closed solid waste management facilities
					 (municipal or private), waste generation and/or composition changes, and
					 materials recovery and program implementation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-2 - Local Solid Waste Management Plan (LSWMP) Contents › Section 366-2.2 - Waste generation and materials recovery data

Current through Register Vol. 46, No. 28, July 10, 2024
A LSWMP must include a description of the waste stream,
						including:
(a) a description of the
					 quantity and composition of all solid waste generated and expected to be
					 generated within the planning unit. The source of the data must be identified and
					 can be a combination of data available from the department as well as other
					 information available to the planning unit. If actual data is not available or is
					 incomplete, estimates may be developed based on available information acceptable
					 to the department. The waste streams evaluated must include:
(1) all municipal solid waste (MSW) (i.e.,
					 residential, commercial, and institutional waste), subdivided into individual
					 components by type, including, but not limited to: various paper grades (e.g.,
					 newspaper, corrugated cardboard, paperboard, and office paper); metal; glass;
					 plastics; textiles; and organics (e.g., yard trimmings and food
					 scraps);
(2) construction and
					 demolition (C&D) debris;
(3)
					 industrial waste; and
(4)
					 biosolids.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-2 - Local Solid Waste Management Plan (LSWMP) Contents › Section 366-2.3 - Existing solid waste management system

Current through Register Vol. 46, No. 28, July 10, 2024
A LSWMP must include a description of the solid waste
						management facilities and programs within the planning unit and/or serve the
						planning unit including:
(a) An
					 identification and description of all known facilities (including any facilities
					 outside the planning unit that receive waste from the planning unit) including
					 their location, size, capacity, and the type and amount of solid waste
					 originating within the planning unit managed at each facility. The source of the
					 data must be identified and can be a combination of data available from the
					 department as well as other information available to the planning unit.
(1) For facilities located in the planning unit
					 that receive solid waste from outside the planning unit, an identification of the
					 type and amount of waste received from outside the planning unit and the planning
					 unit(s) from which it originated.
(2)
					 The identification must include the ownership type for the facility
					 (
i.e.
, public, private, or an identified public-private
					 arrangement).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-2 - Local Solid Waste Management Plan (LSWMP) Contents › Section 366-2.4 - Existing administrative and financial structure

Current through Register Vol. 46, No. 28, July 10, 2024
A LSWMP must include a description of the existing
						administrative and financial structure of the planning unit and an assessment of
						the strengths and weaknesses of the current structure with respect to attaining
						the planning unit goals. The description must include:
(a) an organizational chart(s) depicting the
					 staff or entities responsible for implementing each element of the solid waste
					 management system, including but not limited to, operations, administration,
					 finance, outreach and education, enforcement, data collection and evaluation, and
					 LSWMP updates and reports;
(b) the
					 financial structure for all solid waste management facilities and programs
					 operated or administered by the planning unit and/or its members including:
(1) costs, including capital investments,
					 insurance, operation, maintenance, closure and post-closure costs (if
					 applicable), administration, and financing;
(2) revenues, including fees, fines, and
					 recyclables or recovered energy revenues, general fund contributions, special
					 district charges; and
(3) funding
					 mechanisms that are used to finance any facility operations, maintenance, and
					 programs and events administered by the planning unit or its members;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-2 - Local Solid Waste Management Plan (LSWMP) Contents › Section 366-2.5 - Alternatives evaluation and selection

Current through Register Vol. 46, No. 28, July 10, 2024
A LSWMP must include a qualitative assessment of
						alternatives and enhancements to the existing solid waste management program that
						will decrease the amount of waste managed through disposal and thermal treatment
						by increasing waste reduction, reuse and the recovery of recyclables to the
						maximum extent practicable over the term of the planning period. The assessment
						must include the following:
(a)
					 Alternatives Assessment. The alternatives assessment must address, at a minimum,
					 the introduction or enhancement of the following efforts or describe why they are
					 not applicable:
(1) waste reduction
					 programs;
(2) reuse
					 programs;
(3) recyclables recovery
					 programs for paper, metal, glass, plastic, and textiles;
(4) organics recovery programs for food scraps
					 and yard trimmings;
(5) programs to
					 develop or improve local and regional markets for recyclables;
(6) enforcement programs;
(7) incentive-based pricing;
(8) education and outreach;
(9) data collection and evaluation
					 efforts;
(10) local waste transporter
					 licensing programs, including an assessment of laws preventing commingling of
					 recyclables with waste;
(11) flow
					 control and districting potential;
(12) C&D debris reduction, including
					 deconstruction, reuse and recovery programs;
(13) private sector management and coordination
					 opportunities;
(14) management of
					 waste through thermal treatment technologies; and
(15) waste disposal options.
The information used in the alternatives assessment may be
						drawn from a combination of technology and program summary information prepared
						by or compiled by the department as well as other information available to the
						planning unit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-2 - Local Solid Waste Management Plan (LSWMP) Contents › Section 366-2.6 - Implementation plan and schedule

Current through Register Vol. 46, No. 28, July 10, 2024
A LSWMP must include an implementation schedule, with
						appropriate detail, that outlines the dates of all major milestones and events
						over the LSWMP planning period that will occur to implement the selected
						alternatives outlined in subdivision 366-2.5(c)  of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-2 - Local Solid Waste Management Plan (LSWMP) Contents › Section 366-2.7 - Waste stream projections

Current through Register Vol. 46, No. 28, July 10, 2024
A LSWMP must include projections for all MSW generated
						(both quantity and composition) within the planning unit, based on actual or
						estimated solid waste generation data.
(a) Projections must be provided for each year
					 of the planning period based on the implementation plan and schedule developed
					 under section 366-2.6  of this Part.
(b) Projections must be accompanied with an
					 explanation of the assumptions and data used for:
(1) projected MSW generation based on projected
					 population, including the percentage of each generating sector; and
(2) progressively-decreasing quantities of MSW
					 generated in the planning unit managed through thermal treatment and
					 disposal.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-3 - LSWMP Public Participation › Section 366-3.1 - Public participation

Current through Register Vol. 46, No. 28, July 10, 2024
The planning unit must solicit and address public comments
						on a LSWMP, as follows:
(a) Prior to
					 submission to the department, a draft LSWMP must be made available for public
					 comment for a period of at least 45 calendar days.
(b) At least one public meeting, with public
					 notice in a publication of wide circulation within the planning unit at least 15
					 days prior to the meeting, must be conducted by the planning unit, during the
					 public comment period, to present an overview of the draft LSWMP and to receive
					 comments.
(c) A responsiveness
					 summary must be prepared by the planning unit, that includes:
(1) number of attendees (excluding planning
					 unit representatives);
(2) a list of
					 substantive comments (both written and verbal) received during the public comment
					 period and
(3) a response to each
					 substantive comment individually or by appropriate grouping.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-4 - LSWMP Approval › Section 366-4.1 - LSWMP approval process

Current through Register Vol. 46, No. 28, July 10, 2024
A draft LSWMP submitted to the department for review and
						approval must be in a format acceptable to the department.
(a) Draft LSWMP Completeness Review. The
					 department will determine if the draft LSWMP contains all the required elements
					 identified in this Part for purposes of commencing review and will provide
					 written notification to the planning unit of its completeness determination
					 within 30 calendar days of receipt of the draft LSWMP. If written notification is
					 not provided within 30 calendar days of receipt of the draft LSWMP, the draft
					 LSWMP will be deemed complete, by default, for the purposes of this subdivision.
(1) If the department determines the draft
					 LSWMP is complete, or the draft LSWMP is deemed complete by default the existing
					 LSWMP will remain in effect for the planning unit throughout the draft LSWMP
					 review and development period, not to exceed one year from the date the draft was
					 determined complete by the department or was deemed complete by
					 default.
(2) If the department
					 determines that the draft LSWMP does not adequately address all the basic
					 elements of a LSWMP, the draft LSWMP will be deemed incomplete and the planning
					 unit will be advised in writing of the deficiencies and will be required to
					 resubmit a revised draft LSWMP for review. Upon resubmittal of the revised draft
					 LSWMP, the department will review for completeness as outlined in subdivision
					 366-4.1(a)  of this
					 section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-4 - LSWMP Approval › Section 366-4.2 - Withdrawal of LSWMP Approval

Current through Register Vol. 46, No. 28, July 10, 2024
The department may declare an LSWMP to be no longer in
						effect if the planning unit fails to adhere to all or a substantial portion of
						its commitments and responsibilities under 27-0106(2) and 27-0107 of the ECL,
						this Part, or the approved LSWMP.
(a)
					 The department will issue a written declaration of intent to withdraw approval of
					 the LSWMP, that identifies what must be provided to bring the LSWMP back into
					 effect. The LSWMP will no longer be in effect within 30 calendar days of the
					 declaration of intent if no objection is received from the planning
					 unit.
(b) Within 30 calendar days of
					 receipt of the written declaration from the department, the planning unit may
					 submit a written objection to the department giving reasons why the LSWMP should
					 not be declared no longer in effect. The department will respond to the planning
					 unit within 30 days of receipt of the objection and either ask for additional
					 information, approve the request to keep the LSWMP in effect, or declare the
					 LSWMP no longer in effect.
(c) The
					 planning unit has the right to request a hearing if the department declares the
					 LSWMP no longer in effect. If the department declares that the LSWMP is no longer
					 in effect, a planning unit may request a hearing within 30 days of receipt of the
					 declaration.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-5 - LSWMP Biennial Updates › Section 366-5.1 - LSWMP biennial update

Current through Register Vol. 46, No. 28, July 10, 2024
(a) LSWMP biennial update submittal.
A LSWMP biennial update must be submitted to the department
						for review and approval no later than October 1st of every other year following
						approval of the LSWMP.
(b)
					 LSWMP biennial update content.
A LSWMP biennial update consists of a summary report, solid
						waste and recyclables data, any updates to sections of the LSWMP that reflect
						changes to the LSWMP, and a revised implementation schedule and associated
						projections incorporating any changes necessary to reflect the current
						program.
(1) The summary report must
					 include:
(i) any changes to the planning unit
					 structure;
(ii) actual waste
					 generation, recycling and disposal data for MSW, C&D debris, industrial
					 waste, biosolids, and any other waste streams evaluated in the original plan. At
					 a minimum, comparisons with and reasons for deviations from projections for the
					 MSW stream should be included;
(iii)
					 a discussion of any changes to solid waste management practices;
(iv) a summary of outreach and education
					 activities;
(v) a description of
					 efforts to ensure compliance with local recycling laws;
(vi) any obstacles preventing the planning unit
					 from implementing tasks and/or achieving the goals of the LSWMP; and
(vii) the status of conformance with the
					 implementation schedule, including discussion of reasons for deviating from the
					 implementation schedule.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 366 - Local Solid Waste Management Planning › Subpart 366-5 - LSWMP Biennial Updates › Section 366-5.2 - Optional LSWMP planning period extension

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Optional planning period extension. A
					 planning unit may elect to add an additional two years to a planning period and
					 extend their approved LSWMP expiration date by two years.
(b) Optional planning period extension
					 submittal. An optional planning period extension submittal must be submitted to
					 the department for review and approval no later than October 1st as part of their
					 LSWMP biennial update submittal.
(c)
					 Optional planning period extension submittal content. The planning unit must
					 submit all the required information identified in sections
					 366-2.5 through
					 366-2.7  of this Part governing an
					 additional two-year period. Solicitation of public comment in accordance with
					 Subpart 366-3 of this Part is not required as part of the optional planning
					 period extension.
(d) Optional
					 planning period extension submittal review and approval. The department will
					 review the optional planning period extension submittal to determine whether it
					 adequately addresses all required elements identified in this section and will
					 provide written notification to the planning unit of its determination within 60
					 calendar days after receipt. If written notification is not provided within 60
					 calendar days, the optional planning period extension submittal will be
					 considered approved.
(1) If the department
					 determines that the optional planning period extension submittal adequately
					 addresses all required elements, the department will provide written notification
					 to the planning unit that the optional planning period extension submittal is
					 approved.
(2) If the department
					 determines that the optional planning period extension submittal does not
					 adequately address all required elements, the planning unit will be advised in
					 writing of the deficiencies and will be required to resubmit a revised optional
					 planning period extension submittal for review. For the second and subsequent
					 reviews of the optional planning period extension submittal, the optional
					 planning period extension submittal will be considered approved if written
					 notification to the planning unit advising of any deficiencies is not provided
					 from the department within 45 calendar days.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to implement title 10 (Litter and
					 Solid Waste Control) of article 27 of the Environmental Conservation Law, which
					 is also known as the New York State Returnable Container Act. This regulation
					 clarifies the provisions of the law and facilitates its orderly and effective
					 implementation. In addition, this regulation is intended to provide a mechanism
					 for economically and environmentally sound collection of empty beverage
					 containers, to foster systems of redemption which facilitate recycling and reuse
					 of empty beverage containers, and to minimize costs without inconveniencing
					 consumers. This regulation applies to all transactions involving the sale, use or
					 consumption of beverages in beverage containers in New York
					 State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.3 - Initiation and application of deposits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every beverage container sold in this State
				  must have a refund value of not less than five cents. Each such beverage
				  container must have the refund value clearly indicated on it as provided in
				  section
				  367.8 
				  of this Part.
(b) The refund value is
				  the amount of the deposit required. This amount must be set by the beverage
				  manufacturer. The beverage manufacturer may develop a schedule of refund values
				  varying according to size or type of beverage container involved. The beverage
				  manufacturer, or such other person specified in section
				  367.8(b) 
				  of this Part, must apply the indication of refund value required by section
				  367.8 
				  of this Part to the beverage container.
(c) Once an indication of refund value has been
				  applied to a beverage container, the deposit on that beverage container may not
				  be changed.
(d) For a beverage
				  manufactured in the United States, the deposit on each filled beverage container
				  must be initiated by the first distributor of such beverage who is not a beverage
				  manufacturer; except that:
(1) the beverage
				  manufacturer must initiate the deposit on any such beverage which is sold to a
				  person who is not a distributor; and
(2) the beverage manufacturer may initiate the
				  deposit on any such beverage which is sold in a refillable beverage container.
				  For a beverage manufactured outside the United States, the deposit on each filled
				  beverage container must be initiated by the first distributor of such beverage
				  located in the United States; except that the beverage manufacturer may initiate
				  the deposit on any such beverages sold in refillable beverage containers. No
				  other person may initiate a deposit on a beverage container sold in New York
				  State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.4 - Sales of beverages in beverage containers for on-premises consumption

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person who
				  sells beverages in beverage containers for on-premises consumption only is not a
				  dealer for purposes of this Part. However, a person who engages in any sales of
				  beverages in beverage containers for off-premises consumption becomes a dealer
				  for purposes of this Part. Such dealer must charge a deposit on all such sales
				  for off-premises consumption.
(b) A
				  deposit must be charged on all sales of beverages in beverage containers to a
				  person who sells beverages in beverage containers only for on-premises
				  consumption. However, a consumer who purchases such a beverage for on-premises
				  consumption need not be charged a deposit on the beverage container provided the
				  consumer does not remove the container from such premises.
(c) All beverage containers containing
				  beverages sold for on-premises consumption must comply with section
				  367.3 
				  of this Part and must bear the indication of refund value required by section
				  367.8 
				  of this Part, regardless of whether or not the beverage is served to the consumer
				  in the original container.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.5 - Redemption of empty beverage containers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in section
				  367.7 
				  of this Part:
(1) A dealer must:
(i) accept, at his place of business and from
				  any redeemer, any empty beverage containers of the type sold by the dealer
				  regardless of whether or not the filled beverage container was originally sold by
				  the dealer; and
(ii) pay to the
				  redeemer the refund value of each such beverage container.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.6 - Handling fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A distributor
				  must pay to each dealer or redemption center a handling fee of not less than 20
				  percent of the refund value of each empty beverage container accepted from such
				  dealer or redemption center. This handling fee must be paid in addition to the
				  refund value of each such empty beverage container.
(b) A distributor who does not initiate
				  deposits on a type of beverage container is considered a dealer for that type of
				  beverage container for purposes of receiving a handling fee.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.7 - Refusal of acceptance of a beverage container

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A dealer or redemption center may refuse to
				  accept any broken bottle, corroded or dismembered can, or any beverage container
				  which:
(1) contains a free-flowing
				  liquid;
(2) does not properly
				  indicate a refund value; or
(3)
				  contains a significant amount of foreign material, as defined in this section.
However, a distributor must accept from any dealer or
					 redemption center any broken bottle, corroded or dismembered can, or any beverage
					 container which contains a significant amount of foreign material if the beverage
					 container properly indicates a refund value and if the dealer or redemption
					 center has accepted the beverage container and paid the refund value. A beverage
					 container properly indicates a refund value if it is labeled as required in
					 section
					 367.8 
					 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.8 - Beverage container requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				  as provided in subdivision (e) of this section, every beverage container sold in
				  this State must clearly indicate the refund value of the beverage container and
				  the words "New York" or the letters "NY." The names, or letters representing the
				  names, of other states with comparable deposit legislation may also be included
				  in the indication of refund value.
(b) The following requirements apply to
				  beverage containers which are not subject to subdivision (e) of this section:
(1) General requirements. The indication of
				  refund value must be permanently marked or embossed on the beverage container or
				  printed as part of the product label. The product label may be the front or the
				  back body label or the neck label. The indication of refund value must be applied
				  by the beverage manufacturer at the beverage manufacturer's place of
				  business.
(2) Alternative methods for
				  labelling private label beverages. For private label beverages the indication of
				  refund value may be embossed or printed on a separate label securely or
				  permanently affixed to the beverage container. In addition, such separate label
				  may be applied to the beverage container by the beverage manufacturer or the
				  brand owner for whose exclusive account private label beverages are bottled,
				  canned or otherwise packaged. For purposes of this section, private label
				  beverages means beverages purchased from a beverage manufacturer in beverage
				  containers bearing a brand name or trademark for sale at retail directly by the
				  owner or licensee of such brand name or trademark; or through retail dealers
				  affiliated with such owner or licensee by a cooperative or franchise
				  agreement.
(3) Alternative methods
				  for labelling imported beverages. For beverages imported into the United States,
				  the indication of refund value may be embossed or printed on a separate label
				  securely affixed to the beverage container. Such separate label may be applied to
				  the beverage container by the duly authorized agent of the beverage
				  manufacturer.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.9 - Redemption centers

Current through Register Vol. 46, No. 28, July 10, 2024
Any person may establish a redemption center and determine
					 the type of empty beverage container to be accepted. Any person who establishes a
					 redemption center pursuant to this Part must notify the commissioner in writing
					 as soon as practicable of the following information and any changes
					 thereto:
(a) name and address of
				  owner(s);
(b) name of operator and
				  address of place of business of the redemption center;
(c) name and address of any dealer(s) and/or
				  distributor(s) served or under contract; and
(d) general geographic area served.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.10 - Vending machines

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
				  the purposes of this Part, the dealer for any vending machine containing
				  beverages in beverage containers is the person who fills or refills the vending
				  machine.
(b) The dealer for any such
				  vending machine must post a conspicuous notice on the vending machine which
				  states the dealer's name, business address and the normal business hours during
				  which the dealer will redeem empty beverage containers.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.11 - Recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Each distributor who initiates a deposit on a type of
					 beverage container sold in this State must maintain a record of all deposits
					 initiated, all deposits redeemed, all handling fees paid out and all unclaimed
					 deposits retained. Each such distributor must maintain this information according
					 to generally accepted accounting principles and must report this information to
					 the commissioner on such reasonable frequency as the commissioner deems
					 necessary.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.12 - General prohibition

Current through Register Vol. 46, No. 28, July 10, 2024
All contracts or agreements entered into between or among
					 persons subject to this Part must be consistent with this Part and with title 10
					 of article 27 of the Environmental Conservation Law. No such contract or
					 agreement may be designed to hinder or frustrate the purpose or intent of this
					 Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.13 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
This Part does not apply to:
(a) beverage containers which are manufactured,
				  bottled, canned, filled or packaged in this State, and which are sold outside of
				  this State; or
(b) beverages in
				  beverage containers which are sold or distributed to consumers aboard
				  aircraft.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.14 - Local beverage container laws

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part supersede any local beverage
					 container control laws which may be in effect on the effective date of this Part.
					 No such local laws may be enacted, implemented or enforced after the effective
					 date of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.15 - Violations

Current through Register Vol. 46, No. 28, July 10, 2024
A violation of this Part is considered to be a public
					 nuisance. In addition, any person who violates any provision of this Part is
					 liable for a civil penalty of not more than $500 per violation. Each day that a
					 violation continues or exists is considered a separate violation. Any civil
					 penalty may only be assessed following a hearing or opportunity to be heard
					 pursuant to Part 622 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.16 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part, or its application to any
					 person or circumstance is held to be invalid, the remainder of this Part, and the
					 application of that provision to other persons or circumstances, will not be
					 affected.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.17 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part are effective beginning on July
					 1, 1983.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-1 - Recycling Labeling › Section 368-1.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to establish standards for
						the use of the terms "recyclable", "recycled" and "reusable" in conjunction with
						or independently from the term "New York State" on products sold or offered for
						sale in the state. This Subpart applies to any person who uses these terms
						directly on or in the promotion, marketing, or advertisement of a product sold or
						offered for sale in New York State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-1 - Recycling Labeling › Section 368-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms have the following meanings when used
						in this Subpart.
(a) 'Department' means
					 the New York State Department of Environmental Conservation.
(b) 'Package' means a container, vessel,
					 covering, wrapping, box, or device in which a product is sold or offered for
					 sale.
(c) 'Person' means any
					 individual, public or private corporation, political subdivision, government
					 agency or subdivision thereof, authority, municipality, industry, co-partnership,
					 association, firm, trust, estate, or any other legal entity whatsoever.
(d) 'Product' means that which is created as a
					 result of a manufacturing process.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-1 - Recycling Labeling › Section 368-1.3 - Labeling standards

Current through Register Vol. 46, No. 28, July 10, 2024
No person may sell, promote, market, advertise, or offer
						for sale a product in New York State labeled with the terms "recycled" or
						"recyclable" or "reusable", whether used in conjunction with the term "New York
						State" or used independently, unless the term is used in conformance with the
						applicable standard in subdivisions (a) to (c) of this section.
(a) Recyclable. A person may only use the term
					 "recyclable" on a product or package that is in conformance with section 260.12
					 of the Federal Trade Commission's "Guides for the Use of Environmental Marketing
					 Claims" published in  16 CFR Part 260, as incorporated by reference in section
					 368-1.4  of this Subpart.
(b)
					 Recycled. A person may only use the term "recycled" on a product or package that
					 is in conformance with section 260.13 of the Federal Trade Commission's "Guides
					 for the Use of Environmental Marketing Claims" published in  16 CFR Part 260, as
					 incorporated by reference in section 368-1.4  of this Subpart.
(c) Reusable. A person may only use the term
					 "reusable" on a product or package that is in conformance with section 260.14 of
					 the Federal Trade Commission's "Guides for the Use of Environmental Marketing
					 Claims" published in  16 CFR Part 260, as incorporated by reference in section
					 368-1.4  of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-1 - Recycling Labeling › Section 368-1.4 - References

Current through Register Vol. 46, No. 28, July 10, 2024
The following documents are incorporated by reference in
						this Subpart and are on file with the New York State Department of State. The
						documents are available from the Superintendent of Documents, U.S. Government
						Printing Office, Washington, DC 20402 and for inspection and copying at the
						department's office located at 625 Broadway, Albany, New York 12233.
Code of Federal Regulations (CFR):
(a) 16 CFR - Title 16 of the Code of Federal
					 Regulations (Commercial Practices), Chapter I, Subchapter B, Part 260 Guides for
					 the Use of Environmental Marketing Claims, section 260.12 Recyclable Claims,
					 January 1, 2021.
(b) 16 CFR - Title
					 16 of the Code of Federal Regulations (Commercial Practices), Chapter I,
					 Subchapter B, Part 260 Guides for the Use of Environmental Marketing Claims,
					 section 260.13 Recycled Content Claims, January 1, 2021.
(c) 16 CFR - Title 16 of the Code of Federal
					 Regulations (Commercial Practices), Chapter I, Subchapter B, Part 260 Guides for
					 the Use of Environmental Marketing Claims, section 260.14 Refillable Claims,
					 January 1, 2021.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-1 - Recycling Labeling › Section 368-1.5 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Subpart or its application to any
						person or circumstance is held to be invalid, the remainder of this Subpart, and
						the application of that provision to persons or circumstances other than those to
						which it is held invalid, shall not be affected thereby.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 368 - Recycling Emblems › Subpart 368-2 - Mercury-Added Consumer Products Labeling › Section 368-2.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to establish standards for
						the labeling of mercury-added consumer products. This Subpart applies to any
						person who sells or offers for sale any mercury-added consumer product in New
						York State.