New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 370 - Hazardous Waste Management System-general › Section 370.3 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
(1) Any person may
				  petition the commissioner to use an equivalent testing or analytical method, to
				  exclude a waste produced at a particular facility from the requirements of Parts
				  370 through 374, and 376 of this Title, to be granted a variance from
				  classification as a solid waste or to be granted a variance to be classified as a
				  boiler. This subdivision sets forth general requirements which apply to these
				  petitions. Subdivision (b) of this section sets forth additional requirements for
				  petitions to use a testing or analytical method that varies from the methods
				  specified in Part 371 and Subparts 373-2 and 373-3 of this Title. Subdivision (c)
				  of this section sets forth additional requirements for petitions to exclude a
				  waste at a particular facility from sections
				  371.1(d)
				 and
				  371.4  of
				  this Title. Subdivisions (d) and (e) of this section set forth additional
				  requirements for petitions to be granted a variance from classification as a
				  solid waste under section
				  371.1(c) 
				  of this Title. Subdivision (f) of this section sets forth additional requirements
				  for petitions to be granted a variance to be classified as a boiler.
(2) Each petition must be submitted to the
				  commissioner and must include:
(i) the
				  petitioner's name and address;
(ii) a
				  statement of the petitioner's interest in the proposed action;
(iii) a description of the proposed
				  action;
(iv) a statement of the need
				  and justification of the proposed action, including any supporting tests, studies
				  or other information; and
(v) the
				  following statement signed by the petitioner or an authorized representative:
"I certify under penalty of law that I have personally
					 examined and am familiar with the information submitted in this demonstration and
					 all attached documents, and that, based on my inquiry of those individuals
					 immediately responsible for obtaining the information, I believe that the
					 submitted information is true, accurate and complete. I am aware that submitting
					 false information is punishable under section 210.45 of the State Penal Law,
					 including the possibility of fine and imprisonment."
(3) The commissioner will determine if
				  sufficient information has been has been submitted in order to grant or deny a
				  petition.
(i) If the commissioner determines
				  that sufficient information has been submitted, a tentative decision will be made
				  to grant or deny a petition. A notice of such tentative decision will be
				  published by the department in the Environmental Notice Bulletin for written
				  public comment. In the case of a petition under subdivisions (d) and (f) of this
				  section, notification of this tentative decision will also be provided by
				  newspaper advertisement and radio broadcast in the locality where the
				  petitioner's facility is located. The public will be provided with a minimum
				  comment period of 30 days.
(ii) If
				  the commissioner determines that additional information is needed, the
				  commissioner will notify the petitioner in writing of the needed
				  information.
(4) Upon the
				  written request of any interested person, the commissioner may then hold a
				  legislative public hearing to consider oral comments on the tentative decision. A
				  person requesting a hearing must state the issues to be raised and explain why
				  written comments would not suffice to communicate the person's views. The
				  commissioner may in any case decide to initiate a motion to hold a legislative
				  public hearing.
(5) After evaluating
				  all public comments, the commissioner will make a final decision and shall
				  publish notice of the decision in the
Environmental Notice
				  Bulletin.