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 374 - Management Of Specific Hazardous Waste › Subpart 374-2 - Standards for the Management of Used Oil › Section 374-2.5 - Standards for used oil transporters and transfer facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) General. Except as provided in
					 subparagraphs (i) through (iv) of this paragraph, this section applies to all
					 used oil transporters. Used oil transporters are persons who transport used oil,
					 persons who collect used oil from more than one generator and transport the
					 collected oil, and owners and operators of used oil transfer facilities.
(i) This section does not apply to on-site
					 transportation.
(ii) This section
					 does not apply to generators who transport shipments of used oil totaling 55
					 gallons or less from the generator to a used oil collection center as specified
					 in section
					 374-2.3(e)(1) 
					 of this Subpart.
(iii) This section
					 does not apply to generators who transport shipments of used oil totaling 55
					 gallons or less from the generator to a used oil aggregation point owned or
					 operated by the same generator as specified in section
					 374-2.3(e)(2) 
					 of this Subpart.
(iv) This section
					 does not apply to transportation of used oil from household do-it-yourselfers to
					 a regulated used oil generator, collection center, aggregation point,
					 processor/re-refiner, or burner subject to the requirements of this Subpart.
					 Except as provided in subparagraphs (i) through (iii) of this paragraph, this
					 section does apply, however, to transportation of collected household
					 do-it-yourselfer used oil from regulated used oil generators, collection centers,
					 aggregation points, or other facilities where household do-it-yourselfer used oil
					 is collected.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-2 - Standards for the Management of Used Oil › Section 374-2.6 - Standards for processors and re-refiners

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The requirements of this section apply to
					 owners and operators of facilities that process or re-refine used oil.
Processing
means chemical or physical operations designed to
					 produce from used oil, or to make used oil more amenable for production of, fuel
					 oils, lubricants, or other used oil-derived products. Processing includes, but is
					 not limited to: blending used oil with virgin petroleum products, blending used
					 oils to meet the fuel specification, filtration, simple distillation, chemical or
					 physical separation and re-refining. The requirements of this section do not
					 apply to:
(i) transporters that conduct
					 incidental processing operations that occur during the normal course of used oil
					 transportation as provided in section
					 374-2.5(b) 
					 of this Subpart; or
(ii) burners that
					 conduct incidental processing operations that occur during the normal course of
					 used oil management prior to burning as provided in section
					 374-2.7(b)(2) 
					 of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-2 - Standards for the Management of Used Oil › Section 374-2.7 - Standards for used oil burners who burn off-specification used oil for energy recovery

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) General. The
					 requirements of this section apply to used oil burners except as specified in
					 subparagraphs (i) and (ii) of this paragraph. A
used oil burner
is a facility where used oil not meeting the specification requirements in
					 section
					 374-2.2(b)(1) 
					 of this Subpart is burned for energy recovery in devices identified in paragraph
					 (b)(1) of this section. Facilities burning used oil for energy recovery under the
					 following conditions are not subject to this section:
(i) the used oil is burned by the generator in
					 an on-site space heater under the provisions of section
					 374-2.3(d) 
					 of this Subpart; or
(ii) the used oil
					 is burned by a processor/re-refiner for purposes of processing used oil, which is
					 considered burning incidentally to used oil processing.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-2 - Standards for the Management of Used Oil › Section 374-2.8 - Standards for used oil fuel marketers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) Any person who conducts either of the
					 following activities is subject to the requirements of this subdivision:
(i) directs a shipment of off-specification
					 used oil from their facility to a used oil burner; or
(ii) first claims that used oil that is to be
					 burned for energy recovery meets the used oil fuel specifications set forth in
					 section
					 374-2.2(b)(1) 
					 of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-2 - Standards for the Management of Used Oil › Section 374-2.9 - Standards for disposal of used oil

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
Except as provided in paragraph (1) of this subdivision,
						the requirements of this section apply to all used oils that cannot be recycled
						and are therefore being disposed.
(1)
					 This section does not apply to used oils that are burned for energy recovery in
					 accordance with section
					 374-2.7 
					 of this Subpart and Parts 201 and 225 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-2 - Standards for the Management of Used Oil › Section 374-2.10 - Permitting and registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Used oil collection centers.
Every used oil collection center subject to section
						374-2.4(b) 
						of this Subpart must obtain a registration pursuant to section
						360.15 
						of this Title.
(b)
Used
					 oil transfer facilities.
Every used oil transfer facility must obtain a permit under
						section
						360.16 
						of this Title unless the used oil transfer facility meets the conditions set
						forth in either paragraph (1) or (2) of this subdivision:
(1) A facility whose only activity at a
					 particular site is the transfer of used oil from vehicle-to-vehicle, provided the
					 following requirements are met:
(i) transfer
					 operations are continuously observed;
(ii) a contingency plan meeting the applicable
					 requirements of section
					 374-2.6(c)(2) 
					 of this Subpart is in place in case of an emergency during transfer. The
					 contingency plan must be prepared and certified by an individual licensed to
					 practice engineering in the State of New York;
(iii) the transporters meet all applicable
					 requirements of Part 364 of this Title;
(iv) procedures are established to meet the
					 requirements of sections
					 374-2.6(f)(1)
					 and (3)  of this Subpart;
(v) facilities storing beyond 24 hours must
					 also comply with the facility standards of  40 CFR 279, subpart E, incorporated by
					 reference in section
					 370.1(e) 
					 of this Title;
(vi) used oil must be
					 stored for 35 days or less, from receipt.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-3 - Standards for Universal Wastes › Section 374-3.1 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Scope.
(1) This Subpart
					 establishes requirements for managing the following:
(i) batteries as described in subdivision (b)
					 of this section;
(ii) pesticides as
					 described in subdivision (c) of this section;
(iii) mercury-containing equipment as described
					 in subdivision (d) of this section; and
(iv) lamps as described in subdivision (e) of
					 this section.
(v) aerosol cans as
					 described in subdivision (f) of this section; and
(vi) paint as defined in subdivision (g) of
					 this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-3 - Standards for Universal Wastes › Section 374-3.2 - Standards for small quantity handlers of universal waste

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
This section applies to small quantity handlers of
						universal waste (as defined in section
						374-3.1[i] 
						of this Subpart). Any non-hazardous waste generated or managed by a small
						quantity handler, must comply with all applicable requirements of Part 360 of
						this Title.
(b)
Prohibitions.
A small quantity handler of universal waste is:
(1) prohibited from disposing of universal
					 waste; and
(2) prohibited from
					 diluting or treating universal waste, except by responding to releases as
					 provided in subdivision (h) of this section; or by managing specific wastes as
					 provided in subdivision (d) of this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-3 - Standards for Universal Wastes › Section 374-3.3 - Standards for large quantity handlers of universal waste

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
This section applies to large quantity handlers of
						universal waste (as defined in section
						374-3.1[i] 
						of this Subpart). Any non-hazardous waste generated or managed by a large
						quantity handler, must comply with all applicable requirements of Part 360 of
						this Title.
(b)
Prohibitions.
A large quantity handler of universal waste is:
(1) prohibited from disposing of universal
					 waste; and
(2) prohibited from
					 diluting or treating universal waste, except by responding to releases as
					 provided in subdivision (h) of this section; or by managing specific wastes as
					 provided in subdivision (d) of this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-3 - Standards for Universal Wastes › Section 374-3.4 - Standards for universal waste transporters

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) This section applies to universal waste
					 transporters (as defined in section
					 374-3.1[i] 
					 of this Subpart).
(2) Part 364 of
					 this Title also applies to universal waste transporters.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-3 - Standards for Universal Wastes › Section 374-3.5 - Standards for destination facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
(1) The owner or operator of a destination
					 facility (as defined in section
					 374-3.1[i] 
					 of this Subpart) is subject to all applicable requirements of Subparts 373-1,
					 373-2, 373-3, 374-1, Parts 376 and 621 of this Title, and the notification
					 requirement under section 3010 of RCRA.
(2) The owner or operator of a destination
					 facility that recycles a particular universal waste without storing that
					 universal waste before it is recycled must comply with section
					 371.1(g)(3)(ii) 
					 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-3 - Standards for Universal Wastes › Section 374-3.6 - Import requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Imports.
Persons managing universal waste that is imported from a
						foreign country into the United States are subject to the applicable requirements
						of this Subpart, immediately after the waste enters the United States, as
						indicated in paragraphs (1) through (4) of this subdivision.
(1) A universal waste transporter is subject to
					 the universal waste transporter requirements of section
					 374-3.4 
					 of this Subpart.
(2) A universal
					 waste handler is subject to the small or large quantity handler of universal
					 waste requirements of section
					 374-3.2
					 or
					 374-3.3 
					 of this Subpart, as applicable.
(3)
					 An owner or operator of a destination facility is subject to the destination
					 facility requirements of section
					 374-3.5 
					 of this Subpart.
(4) Persons managing
					 universal waste that is imported from an OECD country as specified in section
					 372.5(h)(1)(i) 
					 of this Title are subject to paragraphs (1) through (3) of this subdivision, in
					 addition to the requirements of section
					 372.5(h) 
					 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-3 - Standards for Universal Wastes › Section 374-3.7 - Petitions to include other wastes under this subpart

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
(1) Any person seeking to add a hazardous waste
					 or a category of hazardous waste to this Part may petition for a regulatory
					 amendment under this Subpart and section
					 370.5(a) and
					 (c)  of this Title.
(2) To be successful, the petitioner must
					 demonstrate to the satisfaction of the commissioner that regulation under the
					 universal waste regulations of this Subpart: is appropriate for the waste or
					 category of waste; will improve management practices for the waste or category of
					 waste; and will improve implementation of the hazardous waste program. The
					 petition must include the information required by section
					 370.5(a)(2) 
					 of this Title. The petition should also address as many of the factors listed in
					 subdivision (b) of this section as are appropriate for the waste or waste
					 category addressed in the petition.
(3) The commissioner will evaluate petitions
					 using the factors listed in subdivision (b) of this section. The commissioner
					 will grant or deny a petition using the factors listed in subdivision (b) of this
					 section. The decision will be based on the weight of evidence showing that
					 regulation under this Subpart is appropriate for the waste or category of waste,
					 will improve management practices for the waste or category of waste, and will
					 improve implementation of the hazardous waste program.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 374 - Management Of Specific Hazardous Waste › Subpart 374-4 - Standards for the Management of Elemental Mercury and Dental Amalgam Wastes at Dental Facilities › Section 374-4.1 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose.
This Subpart establishes requirements for dental facilities
						concerning the use and possession of elemental mercury and for the proper
						management of dental amalgam waste and elemental mercury waste through
						recycling.
(b)
Applicability.
This Subpart shall apply to any dental facility where
						dental amalgam is applied, altered, maintained, removed or disposed; where dental
						amalgam waste is generated; or where elemental mercury has been used or is
						possessed by dentists licensed or otherwise authorized to practice dentistry
						under article 133 of the New York State Education Law.
(c)
Definitions.
(1)
Amalgam separator
means a
					 type of dental equipment designed to remove dental amalgam particles from the
					 wastewater of a dental facility and meeting the standards specified in section
					 374-4.2(a) 
					 of this Subpart.
(2)
Dental
					 amalgam
means an alloy which contains mercury and other metals used in
					 the practice of dentistry.
(3)
Dental facility
means any institution, clinic, office or other
					 location where the practice of dentistry is performed.
(4)
Dental amalgam waste
means
					 waste from a dental facility containing:
(i)
					 dental amalgam that has been in contact with the patient including, but not
					 limited to: extracted teeth with dental amalgam restorations, carving scrap
					 collected at chair-side, dental amalgam captured by chair-side traps, vacuum pump
					 filters, amalgam separators or other dental amalgam capture devices;
(ii) dental amalgam that has not been in
					 contact with the patient including, but not limited to: excess dental amalgam mix
					 and the used pre-encapsulated dental amalgam capsules remaining at the end of a
					 dental procedure; and
(iii) dental
					 amalgam that may have accumulated in the plumbing system of a dental
					 facility.
(5)
Elemental mercury
means a heavy, silvery-white metal that is
					 liquid at room temperature and is represented by the chemical symbol Hg with an
					 atomic number of 80 and an atomic mass of 200.59.
(6)
Large dental facility
means an institution which houses 50 or more dental chairs.
(7)
Practice of dentistry
means the practice of dentistry as defined in section 6601 of the New York State
					 Education Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-1 - General Remedial Program Requirements › Section 375-1.1 - Purpose; applicability; construction; abbreviations; and severability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of
					 this Part is to provide for the orderly and efficient administration of ECL
					 article 27, titles 13 and 14; ECL article 52, title 3; ECL article 56, title 5;
					 ECL article 71, title 36; ECL article 3 section 0301 and SFL article 6, section
					 97-b. The requirements set forth in this Part apply to any order, agreement,
					 stipulation or State assistance contract entered into by the department after the
					 effective date of this Part and all work plans, reports, certificates, and other
					 remedial program documents approved, accepted, or issued by the department on or
					 after the effective date of this Part.
(b) This Part applies to the following:
(1) The development and implementation of
					 remedial programs for inactive hazardous waste disposal sites, specifically under
					 Subpart 375-2 of this Part, including, but not limited to, sites listed in the
					 registry which are either on the national priorities list (NPL) or are being
					 addressed by the Department of Defense or the Department of Energy.
(2) The development and implementation of
					 remedial programs for brownfield sites, specifically under Subpart 375-3 of this
					 Part.
(3) The development and
					 implementation of remedial programs for environmental restoration sites,
					 specifically under Subpart 375-4 of this Part.
(4) The soil cleanup objectives for remedial
					 programs, specifically under Subpart 375-6 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-1 - General Remedial Program Requirements › Section 375-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The definitions set forth in ECL 27-1301; ECL 27-1405; and
						ECL 56- 0502, some of which are clarified in this section, and the additional
						definitions set forth in this section, shall apply to these regulations. Certain
						definitions which apply only to the individual programs are set forth in Subparts
						375-2, 375-3, 375-4 and 375-6 of this Part respectively.
(a) All appropriate inquiry means, for purposes
					 of ECL 27-1323.4(c):
(1) compliance with the
					 procedures of ASTM Standard 1527-05 for acquisitions completed on or after the
					 effective date of this rule;
(2)
					 compliance with the procedures of ASTM Standard 1527-97 for acquisitions after
					 May 31, 1997 and before the effective date of this rule; or
(3) compliance with the industry standards and
					 guidance on or before May 31, 1997.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-1 - General Remedial Program Requirements › Section 375-1.5 - Orders, agreements and state assistance contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice of order, agreement or State
					 assistance contract.
(1) Where the remedial
					 party owns the remedial site, such party shall:
(i) within 30 days of execution by the
					 commissioner of the order, agreement or State assistance contract, record a
					 notice of such instrument in the office of the recording officer for the county
					 or counties where the remedial site is situated in the manner prescribed by RPL
					 article 9; and
(ii) provide written
					 notice of the order, agreement or State assistance contract, and the status of
					 the remedial program, to any prospective purchaser or lessee of any interest in
					 any portion of the remedial site.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-1 - General Remedial Program Requirements › Section 375-1.6 - Work plans and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Work plans.
					 All work undertaken as part of a remedial program for a site shall be detailed in
					 a work plan, unless determined otherwise by the department.
(1) All work plans shall:
(i) be prepared and implemented in accordance
					 with the requirements of all applicable laws, rules and regulations;
					 and
(ii) consider applicable
					 department guidance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-1 - General Remedial Program Requirements › Section 375-1.7 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-1 - General Remedial Program Requirements › Section 375-1.8 - Remedial program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The goals of
					 each remedial program are set forth respectively in sections
					 375-2.8,
					 375-3.8 and
					 375-4.8  of this
					 Part. To achieve the applicable goals the remedial program may include, but not
					 be limited to, the actions set forth in this section.
(1) A site may be divided into operable units,
					 as defined in section 375- 1.2(af) of this Subpart.
(2) Multiple work plans and reports may be
					 approved for a site, as set forth in section
					 375-1.6  of
					 this Subpart.
(3) All remedial
					 programs shall address bulk storage tanks or containment vessels, source removal
					 and control and groundwater protection and control measures, as set forth in
					 subdivisions (b) through (d) of this section.
(4) Remedy selection at a site may consider the
					 use of innovative technologies which are demonstrated to be feasible to meet the
					 remediation requirements.
(5) Where
					 the remedial program for a site requires ongoing site management, a site
					 management plan will be developed for the site which will include, as applicable
					 for the remedial program, the following plans:
(i) institutional and engineering control
					 plan;
(ii) monitoring plan;
					 and/or
(iii) operation and
					 maintenance plan.
(6) The
					 remedial program at a site shall analyze the impact of contamination at a site on
					 the following environmental media:
(i)
					 soil;
(ii) groundwater;
(iii) surface water and sediments;
(iv) soil vapor;
(v) ambient air; and
(vi) biota.
(7) Where an interim remedial measure is
					 proposed at a site, such measure will be conducted pursuant to a
					 department-approved work plan. Such work plan shall require the submission of a
					 final report upon conclusion of the measure.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-1 - General Remedial Program Requirements › Section 375-1.9 - Certificate of completion

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 certificate shall be issued for the real property constituting the site, upon a
					 determination that the final engineering report is approved. The date of the
					 approval of the final engineering report by the department, as set forth in
					 section
					 375-1.6(c)(6) 
					 of this Subpart, shall be the issuance date for the certificate of
					 completion.
(b) The department shall
					 issue the certificate of completion to the remedial party which has signed the
					 order, agreement or State assistance contract.
(c) A certificate of completion shall include
					 all of the following:
(1) an acknowledgment
					 that the requirements of the remedial program were satisfied or are expected to
					 be satisfied in accordance with the time-frames contained in the approved
					 remedial program;
(2) a description
					 of the site by adequate legal description or by reference to a plat showing the
					 boundaries, or by other means sufficient to identify site location with
					 particularity;
(3) a prohibition
					 against the use of the site in a manner inconsistent with any land use limitation
					 imposed as a result of such remediation efforts without additional appropriate
					 remedial activities;
(4) a statement
					 that the department's issuance of the certificate of completion entitles the
					 remedial party to certain liability benefits as set forth in sections
					 375-2.9,
					 375-3.9
					 and
					 375-4.9 
					 of this Part; and
(5) a description
					 of any engineering and institutional controls or site management activities
					 required by the approved work plan and notification that failure to manage the
					 controls or complete site management activities in compliance with the terms of
					 the remedial program and the environmental easement for the site, may result in
					 revocation of the certificate of completion.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-1 - General Remedial Program Requirements › Section 375-1.10 - Citizen participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
					 facilitate the remedial process and enable citizens to participate more fully in
					 decisions that affect their health, the department will require the provision of
					 opportunities for citizen involvement and will encourage consultation with the
					 public early in that process before the department forms or adopts final
					 positions. The primary goals of the citizen participation program at sites are to
					 facilitate two-way communication between the department and individuals, groups,
					 and organizations that have expressed interest in or are affected by the site or
					 the site's program, in the decisionmaking process associated with the remediation
					 of sites. The department will require that opportunities for public involvement
					 be included in the development and implementation of a remedy.
(b) All remedial programs shall include citizen
					 participation activities which, at a minimum, shall include, but are not limited
					 to, the preparation of a citizen participation plan, establishment of a document
					 repository and public notice with a prescribed comment period at select
					 milestones. Program specific requirements for these and other citizen
					 participation activities are set forth under each of the Subparts of this
					 Part.
(c) The design of any citizen
					 participation plan, including the level of citizen involvement and the tools
					 utilized, shall take into account the scope and scale of the proposed remedial
					 program, local interest and history, and other relevant factors. While retaining
					 flexibility, citizen participation plans shall embody the following principles of
					 meaningful citizen participation:
(1)
					 opportunities for citizen involvement should be provided as early as possible in
					 the decisionmaking process prior to the selection of a preferred course of action
					 by the department and/or the remedial party;
(2) activities proposed in such plan should be
					 as reflective of the diversity of interests and perspective found within the
					 community as possible, allowing the public the opportunity to have their views
					 heard and considered, which may include opportunities for dialogue; and
(3) full, timely, and accessible disclosure and
					 sharing of information by the department shall be provided, including the
					 provision of technical data and the assumptions upon which any analyses are
					 based.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-1 - General Remedial Program Requirements › Section 375-1.11 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Submissions to
					 the department. All work plans; reports, including all attachments and
					 appendices, and certifications, submitted by a remedial party shall be submitted
					 in print, as well as in an electronic format acceptable to the
					 department.
(b) Prohibitions.
(1) It is a violation to obstruct or attempt to
					 obstruct any duly designated officer or employee of the department or of any
					 other State agency, or any agent, consultant, contractor or other person,
					 including an employee, agent, consultant or contractor of a remedial party acting
					 at the direction of the department, or so authorized in writing by the
					 department, acting as set forth in ECL article 27 or ECL article 56, title 5 or
					 any combination of same.
(2) It is a
					 violation to engage in any activity that will, or that is reasonably:
(i) anticipated to, prevent or interfere
					 significantly with any proposed, ongoing, or completed remedial program at any
					 site; or
(ii) foreseeable to, expose
					 the public health or the environment to a significantly increased threat of harm
					 or damage at any site.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-1 - General Remedial Program Requirements › Section 375-1.12 - Permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the
					 department develops and implements a remedial program set forth in ECL
					 27-1313(1); ECL 27-1313(5); ECL 27-1411(5); or ECL 56- 0509(4), the department
					 shall be exempt from the requirement to obtain any department issued permits for
					 sites if:
(1) the activity is conducted on the
					 site or on premises that are under common control or are contiguous to or
					 physically connected with the site and the activity manages exclusively
					 contamination which the department is handling as part of the site remedial
					 program;
(2) all substantive
					 technical requirements applicable to like activity conducted, as set forth in a
					 permit, are complied with, as determined by the department; and
(3) the activity is a component of a program
					 selected by a process complying with the citizen participation requirements of
					 section
					 375-1.10  of
					 this Subpart, to the extent applicable.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-2 - Inactive Hazardous Waste Disposal Site Remedial Program › Section 375-2.1 - Purpose; applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
					 Subpart applies to the development and implementation of remedial programs at
					 inactive hazardous waste disposal sites pursuant to ECL 27-1301, et seq. This
					 Subpart addresses requirements in addition to those requirements identified in
					 Subpart 375-1.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-2 - Inactive Hazardous Waste Disposal Site Remedial Program › Section 375-2.3 - Municipal eligibility for state assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner may provide State
					 assistance to a municipality under ECL 27-1313(5)(g), up to 75 percent of
					 eligible costs as determined by subdivisions (e) and (f) of this section, subject
					 to the conditions and limitations of subdivisions (b), (c) and (d) of this
					 section.
(b) Eligible sites. A site
					 must be a class 1 or class 2 site on the Registry due to disposal of a
					 contaminant.
(c) Eligible
					 municipality. A municipality must meet the following criteria to be eligible:
(1) it must be a responsible party only by
					 reason of being or having been the owner or operator of the site; and
(2) it must enter into an order described in
					 section
					 375-2.5(a) 
					 of this Subpart; or another order acceptable to the department, whereby the
					 municipality is obligated to develop and implement a site remedial program
					 subject to the approval and supervision of the department; and such order must be
					 entered into before submitting an application for State assistance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-2 - Inactive Hazardous Waste Disposal Site Remedial Program › Section 375-2.4 - Applications for municipal assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application by a municipality to
					 implement a remedial program with State assistance shall be submitted to the
					 department in such form and manner, and containing such information as the
					 department may require. One copy of the application form and any attachments
					 shall be submitted in an electronic format acceptable to the
					 department.
(b) The scope of the
					 application must be for the full remedial program for the site.
(c) The application shall be signed by the
					 individual authorized to sign the application on behalf of the municipality and
					 include the following certifications:
(1) the
					 applicant has not generated, transported or disposed of, arranged for, or caused
					 the generation, transportation or disposal of any contaminants on that
					 site;
(2) has not undertaken, and
					 will not undertake, any indemnification obligation respecting a party responsible
					 under law for the remediation of the site; and
(3) all statements made for the purpose of
					 obtaining State assistance for the proposed project either are set out in full on
					 this application, or are set out in full in exhibits attached to this application
					 and incorporated by this reference.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-2 - Inactive Hazardous Waste Disposal Site Remedial Program › Section 375-2.5 - Orders and state assistance contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Orders.
(1) The commissioner may order a responsible
					 party to develop and implement a remedial program for a site after providing
					 notice and an opportunity for hearing to the alleged responsible party and
					 determining such person is a responsible party. A hearing required by ECL
					 27-1313(4) shall be conducted pursuant to the procedures of Part 622 of this
					 Title; provided that anything in said Part 622 of this Title to the contrary
					 notwithstanding, there shall be no third-party, counterclaim, or cross-claim
					 practice.
(2) The commissioner may
					 order a responsible party to develop and implement a remedial program for a site
					 upon the consent of such responsible party without providing notice and an
					 opportunity for hearing.
(3) The
					 order for a remedial program developed as set forth in this subdivision shall
					 include all provisions set forth in section
					 375-1.5(b) 
					 of this Part and also include the following provision:
(i) Indemnification. Unless otherwise approved
					 by the department, a remedial party shall indemnify and hold the State, the
					 trustee of the State's natural resources, and their representatives and employees
					 harmless from any claim, suit, action, and cost of every name and description
					 arising out of or resulting from the fulfillment or attempted fulfillment of the
					 remedial program except for those claims, suits, actions, and costs arising from
					 the gross negligence or willful or intentional misconduct by the State of New
					 York, and/or its representatives and employees during the course of any
					 activities conducted pursuant to the remedial program. The department shall
					 provide written notice no less than 30 days prior to commencing a lawsuit seeking
					 indemnification.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-2 - Inactive Hazardous Waste Disposal Site Remedial Program › Section 375-2.7 - Significant threat and registry determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Significant threat.
(1) The commissioner may find that contaminants
					 disposed at a site constitute a significant threat to public health or the
					 environment if, after reviewing the available evidence and considering the
					 factors the commissioner deems relevant set forth in this section, the
					 commissioner determines that the contaminants disposed at the site or coming from
					 the site result in, or are reasonably foreseeable to result in, any of the
					 following:
(i) a significant adverse impact
					 upon endangered species, threatened species, or species of concern, as defined in
					 section
					 182.2  of this Title;
					 or
(ii) a significant adverse impact
					 upon protected streams and navigable waters as defined in section
					 608.1  of this Title, or
					 tidal wetlands as defined in section
					 661.4(hh) 
					 of this Title, or freshwater wetlands as defined in section
					 663.2(p) 
					 of this Title or significant fish and wildlife habitat areas as defined in
					 section
					 602.5(a)
					 of 19 NYCRR; or
(iii) a
					 bioaccumulation of contaminants in flora or fauna to a level that causes, or that
					 materially contributes to, significant adverse ecotoxicological effects in flora
					 or fauna or leads, or materially contributes, to the need to recommend that human
					 consumption be limited; or
(iv)
					 contaminant levels that cause significant adverse acute or chronic effects to
					 fish, shellfish, crustacea, and wildlife; or
(v) a significant adverse impact to the
					 environment due to a fire, spill, explosion, or similar incident or a reaction
					 that generates toxic gases, vapors, fumes, mists, or dusts; or
(vi) a significant adverse impact to public
					 health, where the site is near residences, recreational facilities, public
					 buildings or property, school facilities, places of work or worship, or other
					 areas where individuals or water supplies may be present, and the New York State
					 Department of Health has determined that the presence of contaminants on such
					 site pose a significantly increased risk to the public health.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-2 - Inactive Hazardous Waste Disposal Site Remedial Program › Section 375-2.8 - Remedial program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The goal of
					 the remedial program for a specific site is to restore that site to pre-disposal
					 conditions, to the extent feasible. At a minimum, the remedy selected shall
					 eliminate or mitigate all significant threats to the public health and to the
					 environment presented by contaminants disposed at the site through the proper
					 application of scientific and engineering principles and in a manner not
					 inconsistent with the national oil and hazardous substances pollution contingency
					 plan as set forth in section 105 of CERCLA, as amended as by SARA.
(b) Application of the soil cleanup objectives.
(1) The remedial party must utilize soil
					 cleanup objectives that eliminate or mitigate the significant threat and are
					 protective of public health and the environment. The remedial party, subject to
					 department approval, may:
(i) utilize the soil
					 cleanup objectives, as set forth in section
					 375-6.8 
					 of this Part;
(ii) develop or modify
					 site specific soil cleanup objectives, as set forth at section
					 375-6.9 
					 of this Part; or
(iii) propose
					 site-specific soil cleanup objectives which are protective of public health and
					 the environment based upon other information.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-2 - Inactive Hazardous Waste Disposal Site Remedial Program › Section 375-2.9 - Certificate of completion

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
					 receipt of the certificate of completion and subject to subdivision (b) of this
					 section, the parties named on such certificate shall not be liable to the
					 department upon any statutory or common law cause of action, except for one for
					 natural resource damages, arising out of the presence of any contaminants in, on
					 or emanating from the site that was the subject of such certificate.
(b) The certificate of completion does not
					 extend to, nor limit, the State's rights concerning any further investigation
					 and/or remediation the department deems necessary due to:
(1) environmental contamination at, on, under,
					 or emanating from the site if, in light of such conditions, the site is no longer
					 protective of public health or the environment, and the remedial party is not in
					 good faith negotiating, and/or following its approval by the department,
					 implementing a work plan to achieve conditions at the site which are protective
					 of public health and the environment;
(2) non-compliance with the terms of the order
					 or state assistance contract, the remedial work plan, site management plan or the
					 certificate of completion after notice of the failure and reasonable opportunity
					 to cure has been afforded to the remedial party by the department as provided for
					 at section
					 375-1.9(e)(2) 
					 of this Part;
(3) fraud related to
					 the remedial program for the site committed by the certificate holder;
(4) a finding by the department that a change
					 in an environmental standard, factor, or criteria upon which the remedial work
					 plan was based renders the remedial program implemented at the site no longer
					 protective of public health or the environment, and the remedial party is not in
					 good faith negotiating, and/or following its approval by the department,
					 implementing a work plan to achieve conditions at the site which are protective
					 of public health and the environment; or
(5) a change in the site's use subsequent to
					 the department's issuance of the certificate of completion, unless additional
					 remediation is undertaken which shall meet the standard for protection of the
					 public health and environment that applies to this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-2 - Inactive Hazardous Waste Disposal Site Remedial Program › Section 375-2.10 - Citizen participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department will require that opportunities for public involvement be included in the development and implementation of an inactive hazardous waste disposal site remedial program, as set forth in this subdivision and section 375-1.10  of this Part.
(b) This section applies to all inactive hazardous waste disposal site remedial programs, whether implemented by the department or by a remedial party.
(c) The department will communicate with, and solicit the views of, all interested parties. To accomplish this, at the appropriate time, the department will take the actions identified in paragraphs (1) through (3) of this subdivision.
(1) Mail to those on the site contact list a notice and brief analysis of the proposed remedy, which includes sufficient information to provide a reasonable explanation of that proposed remedy, including but not limited to, a summary of the department's reasons for preferring it over other remedial alternatives considered and the construction and site management requirements of the proposed remedy.
(2) Provide a 30-day period for submission of written and oral comments, including an opportunity for submission of oral comments at a public meeting on the proposed remedy near the site.
(3) Summarize the written and oral comments received during the comment period and make the summary available to the public upon issuance of the record of decision.