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 364-4 - Permits › Section 364-4.8 - Operating requirements for permitted transporters

Current through Register Vol. 46, No. 28, July 10, 2024
The following operating requirements apply to transporters
						subject to the permitting requirements of this Part:
(a) Transport vehicles for regulated waste must
					 include a cargo-carrying portion that is enclosed and secured except when loading
					 or unloading regulated waste.
(b)
					 Except for self-transport described in section
					 364-2.1(b)(2)  of
					 this Part, source-separated HHW must be transported by a transporter permitted to
					 transport hazardous waste.
(c)
					 Regulated waste must only be delivered to a receiving facility authorized to
					 accept the waste and the receiving facility must be designated on the transporter
					 permit.
(d) Each receiving facility
					 located within New York State must be authorized to accept the waste pursuant to
					 the requirements of the ECL and applicable regulations.
(e) Each receiving facility located outside the
					 jurisdiction of New York State must be authorized to operate within the state or
					 jurisdiction where the facility is located or otherwise be exempt within that
					 state or jurisdiction.
(f)
					 Transporters must only deliver waste to the receiving facility identified on the
					 waste tracking document, if a waste tracking document is required. In cases where
					 the receiving facility specified on the waste tracking document is unable to
					 accept the waste, the transporter may elect, upon notification to the generator,
					 to either deliver the waste to an alternate receiving facility for that waste
					 type listed on the transporter"s permit or to return the shipment to the
					 generator.
(g) Waste requiring a
					 tracking document must be kept separate from waste not requiring a tracking
					 document.
(h) The operator of any
					 transport vehicle used for activities covered by this Part must carry a legible
					 paper copy, or other format approved by the department, of the most recent permit
					 issued in the transport vehicle. The operator must present the permit, together
					 with associated waste tracking documents or justification that the waste being
					 transported does not require a Part 364 registration or permit, to authorized
					 representatives of the department or to any law enforcement officer upon
					 request.
(i) Each transport vehicle
					 used by a permitted transporter for activities regulated under this Part, must
					 display the name of the permitted transporter in a prominent position on both
					 sides of the permitted transport vehicle and the permit number of the transporter
					 in prominent position on both sides and the rear of the transport vehicle in
					 numbers and letters at least three inches high and in a color which contrasts
					 with the background color.
(j) A
					 permittee must conspicuously mark or placard every transport vehicle, in a manner
					 consistent with Article 2, Section 14-f of the New York State Transportation Law
					 and any rules and regulations promulgated thereunder and any related federal
					 requirements, related to the transportation of the regulated waste and its
					 principal hazard.
(k) All wastes must
					 be properly contained during transport to prevent any type of discharge to the
					 environment.
(l) All waste must be
					 properly secured within the transport vehicle during transport to prevent
					 movement or leakage within the transport vehicle during transport.
(m) All waste containers must be oriented in an
					 appropriate manner, as marked on any container, to ensure proper transportation
					 and to avoid spillage or leakage during transport.
(n) The operator of any transport vehicle used
					 for activities covered by this Part must remain with the transport vehicle while
					 it is being loaded or unloaded unless otherwise approved by the
					 department.
(o) Permitted transport
					 vehicles, other than the driver's compartment, are restricted to the
					 transportation of materials not intended for human or animal consumption or for
					 other use by the general public except when properly cleaned or disinfected in
					 accordance with all applicable federal and state regulations governing
					 decontamination.
(p) Any transporter
					 of hazardous waste must also comply with all applicable requirements of Part 372
					 of this Title. Prior to transport of hazardous waste from a hazardous waste
					 generator, the transporter must provide in writing, to the generator, a statement
					 or proof that the transporter is authorized to deliver the hazardous waste to the
					 designated treatment, storage, or disposal facility. Any transporters who provide
					 a pre-printed manifest to a generator, shipper, or offeror of regulated waste
					 must ensure that all information is correct and clearly legible on all copies of
					 the manifest.
(q) All transport
					 vehicles, including bulk packages and containers used in transporting regulated
					 waste must be kept in a sanitary condition.
(r) Each transporter must also comply with
					 applicable USDOT hazardous materials requirements set forth in
					 49 CFR
					 173.196 and
					 173.197, and
					 173.199, as incorporated by
					 reference in section
					 360.3  of this Title, including but
					 not limited to, packaging, labeling, marking and use of appropriate tracking
					 documents pertaining to the regulated waste authorized for transport.
(s) The transporter must comply with the
					 tracking documentation requirements in section
					 364-5.1  of this Part.
(t) The transporter must comply with the
					 recordkeeping and reporting requirements in section
					 364-5.2  of this Part.
(u) The department may require or conduct
					 inspections of transport vehicles during the life of the permit.
(v) The transporter must ensure that any
					 vehicle used to transport regulated waste is listed on the permit.
(w) The transporter must ensure that any
					 receiving facility to which regulated waste is delivered is listed on the
					 permit.
(x) The transporter must
					 comply with all applicable state and federal laws and all rules and regulations
					 promulgated thereunder.