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 360 - Solid Waste Management Facilities › Section 360.11 - Comprehensive recycling analysis

Current through Register Vol. 46, No. 28, July 10, 2024
The following sets forth the requirements for preparation of
					 a municipality's comprehensive recycling analysis (CRA). The purpose of a CRA is
					 to ensure the development and implementation of a sound, long-range, recyclables
					 recovery program that is an integral component of a sustainable solid waste
					 management system by a municipality, which maximizes the recovery of recyclables
					 and reduces the amount of waste managed through thermal treatment or disposal. A
					 CRA must consider the objectives of the State solid waste management policy set
					 forth in section 27-0106 of the ECL and consider the goals and objectives of the
					 current State solid waste management plan and provide for a 10-year planning
					 period. For the purpose of Parts 360, 361, 362, 363, 365, and 369, a Local Solid
					 Waste Management Plan satisfying the requirements of Part 366 of this Title will
					 satisfy the preparation requirements of a CRA.
(a)
CRA contents.
The CRA must include the following:
(1) An identification of the waste stream must
				  include the following:
(i) a description of the
				  quantity and composition of the types of solid waste contained in the 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);
(ii) a
				  description of the quantity and composition of the types of waste contained in
				  the construction and demolition (C&D) debris; industrial waste; and
				  biosolids; and
(iii) a projection,
				  for each year of the 10-year planning period, of the quantity and composition of
				  the MSW generated within the municipality(ies). Projections for future MSW
				  generation must be based on changes in population and must account for seasonal
				  variations and any additional applicable factors impacting waste generation. 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 municipality.
				  If actual data is not available or is incomplete, estimates may be developed
				  based on available information acceptable to the department. The projection must
				  include:
(a) the actual or estimated quantity of
				  recyclables by type;
(b) the actual
				  or estimated quantity of recyclables expected to be generated; and
(c) the actual or estimated quantity of
				  recyclables that could potentially be recovered whether or not feasible at the
				  time of CRA preparation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 360 - Solid Waste Management Facilities › Section 360.12 - Beneficial use

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability.
(1) This section applies to the use of certain
				  wastes as effective substitutes for commercial products or raw materials as
				  determined by the department. The materials cease to be solid waste when used
				  according to this section.
(2) This
				  section does not apply to the following:
(i)
				  solid waste that is being sent to facilities subject to regulation under Part 361
				  of this Title until the solid waste is processed to meet the requirements of this
				  Section;
(ii) materials combusted
				  pursuant to Subpart 362-1 of this Title;
(iii) materials used pursuant to section
				  363-6.21  of this Title; and
(iv) waste used in a manner that constitutes
				  disposal.
(3) Specific
				  requirements for the beneficial use of navigational dredged material (NDM),
				  brine, and excavated material are found in subdivisions
				  360.12(e)-(f)  and
				  section 360.13  of this Part.
(4) The department reserves the right to
				  require a permit pursuant to section
				  360.17  of this Part for land
				  placement, including mine reclamation or subsurface mine filling, in place of a
				  beneficial use determination, if deemed necessary by the department to prevent
				  adverse impacts to public health and the environment. Proposed land placement
				  requiring a permit may include, but are not limited to the following:
(i) Receipt of a fee or other form of
				  consideration for acceptance of any quantity of material;
(ii) Receipt of material not conforming to
				  pre-determined uses in this section and section
				  360.13  of this Part;
(iii) Receipt of material in quantities of more
				  than 100,000 cubic yards at any one site;
(iv) Receipt of material from more than one
				  source;
(v) Receipt of material over
				  a period exceeding 365 days
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 360 - Solid Waste Management Facilities › Section 360.13 - Special requirements for predetermined beneficial use of fill material

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Applicability.
(1) This section applies to the
				  use of excavated material as fill under a pre-determined beneficial use,
				  including fill distributed for reuse from facilities subject to regulation under
				  Subpart 361-5 of this Title;
(2)
				  Excavated material that does not meet the requirements of this section must be
				  managed at a facility authorized to receive the excavated material or used
				  pursuant to a case-specific beneficial use determination in accordance with
				  section 360.12(d)  of this
				  Part.
(3) This section does not apply
				  to excavated material sent to facilities subject to regulation under Subpart
				  361-5 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 360 - Solid Waste Management Facilities › Section 360.14 - Exempt facilities and activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) While this Part
				  or Parts 361 through 365 may exempt solid waste management activities from
				  regulation by the department, other activities, unrelated to solid waste
				  management, occurring at the facility identified as an exempt facility may be
				  subject to other regulations promulgated by the department.
(b) General exemptions. In addition to
				  exemptions provided in Parts 361 to 365 of this Title, the following facilities
				  or activities are exempt from this Part:
(1)
				  transfer, storage, treatment, processing, or combustion activities at the site of
				  waste generation or at a location under the same ownership or control as the site
				  of waste generation. For the purposes of this Part, all locations under the
				  ownership or control of municipal agencies and departments are considered under
				  the ownership or control of the parent municipality. This exemption does not
				  apply to the following facilities or activities:
(i) A facility subject to regulation under Part
				  365 of this Title.
(ii) a composting
				  facility for animal carcasses and parts;
(iii) a composting or other facility subject to
				  Subpart 361-3 of this Title for municipal solid waste, sanitary waste such as
				  biosolids and septage, or industrial waste except for food processing
				  waste;
(iv) A mobile vehicle
				  crusher.
(v) A person who
				  deconstructs manufactured homes.
(vi)
				  Storage of petroleum-contaminated soils for more than 60 days, unless a longer
				  time period is approved by the department.
(vii) a surface impoundment for handling of
				  coal ash or coal combustion residuals; or
(viii) a facility storing waste tires,
				  including a waste tire generator storing waste tires.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 360 - Solid Waste Management Facilities › Section 360.15 - Registered facilities, transporters and collection events

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
(1) Certain facilities, transporters, or
				  collection events may be eligible for registration pursuant to the conditions
				  specified in this section and under Parts 361, 362, 363, 364, and 365, and
				  Subpart 374-2 of this Title. The owner or operator of the facility or collection
				  event required to be registered must comply with the design, operating, closure,
				  and financial assurance criteria found in this Part and in Parts 361, 362, 363
				  and 365 of this Title unless otherwise excluded. Transporters required to be
				  registered must comply with the operating requirements in section
				  364-3.3  of this Title.
(2) Registrations are ministerial actions for
				  purposes of Part 617 of this Title and are not subject to Part 621 of this
				  Title.
(3) Multiple registered
				  facilities. For facilities registered or eligible for registration under Part 361
				  or 362 of this Title:
(i) On-site operation of
				  more than one registered facility engaged in the same solid waste management
				  activity is prohibited, and
(ii) For
				  two or more solid waste management activities registered or eligible for
				  registration pursuant to Part 361 and 362 of this Part, the Department may, in
				  lieu of a registration, require a permit if the combined activities on-site have
				  the potential to cause a significant adverse impact on the
				  environment.
(4) Facilities
				  or collection events that would otherwise qualify for registration and are
				  located at a permitted facility, or on contiguous property with the same
				  ownership or control as the permitted facility, may be required to have the
				  facilities or collection events incorporated into the permit and comply with any
				  permit conditions placed on those activities.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 360 - Solid Waste Management Facilities › Section 360.16 - Permit application requirements and permit provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Submission, signature and
				  verification of applications for facility permits. All applications for permits
				  must be submitted in either an electronic format acceptable to the department or
				  print. They must be signed by the applicant as follows:
(1) corporations: by a duly authorized
				  principal executive officer of at least the level of vice president;
(2) partnership or limited partnership: by a
				  general partner;
(3) sole
				  proprietorship: by the proprietor;
(4) a municipal, State, or other governmental
				  entity: by a duly authorized executive officer or duly authorized elected
				  official; or
(5) for any other legal
				  entity authorized to do business in the State of New York, any person who
				  performs policy or decision-making functions and is authorized to legally bind
				  that entity: upon submission of documentation to the department of the person's
				  authorization to sign an application on behalf of the entity.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 360 - Solid Waste Management Facilities › Section 360.17 - Nonspecific facilities

Current through Register Vol. 46, No. 28, July 10, 2024
The owner or operator of a facility that is not specified in
					 this Part or in Parts 361, 362, 363, or 365 of this Title must obtain a permit
					 under this section prior to construction and operation. The department may
					 require information in addition to what is required under section 360.16  of this
					 Part, and the facility's design and operation will be subject to the applicable
					 requirements identified in section 360.19  of this Part as well as to any
					 additional requirements that the department may determine to be
					 appropriate.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 360 - Solid Waste Management Facilities › Section 360.18 - Research, development, and demonstration registrations and permits

Current through Register Vol. 46, No. 28, July 10, 2024
The department may issue a research, development and
					 demonstration (RD&D) registration or permit for any project that involves an
					 innovative, experimental or unproven process or technology for solid waste
					 management at a facility.
(a)
				  Registration for small-scale RD&D projects. The department may issue a
				  registration pursuant to this Part for a project that involves 1,000 pounds of
				  waste per day or less. The project must protect public health and the
				  environment. A registration issued pursuant to this subdivision will have a
				  specified term, not to exceed two years and will not be renewed.
(b) Permit application contents in lieu of the
				  requirements of section
				  360.16  of this Part. A permit
				  application for an RD&D project which includes construction of buildings or
				  structures must be prepared by a professional engineer. A permit for any other
				  RD&D project must be prepared by a professional engineer or a research
				  scientist affiliated with an accredited university or research institution. An
				  application for a RD&D permit must:
(1)
				  include a detailed discussion of:
(i) the
				  project's objectives, schedule, location and characteristics;
(ii) the equipment to be used in carrying out
				  the project;
(iii) the waste that is
				  to be managed;
(iv) the methods to be
				  used to monitor environmental impacts; and
(v) qualitative and quantitative methods for
				  evaluating project performance;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 360 - Solid Waste Management Facilities › Section 360.19 - Operating requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability. Except as
				  otherwise provided in this Part or in Parts 361, 362, 363, or 365, or Subpart
				  374-2 of this Title, the owner or operator of a facility that requires a permit
				  or registration must comply with the requirements of this section.
(b) Water protection.
(1) The owner or operator of a facility must
				  prevent waste from being deposited in or entering surface waters or
				  groundwater.
(2) The owner or
				  operator of a facility must operate the facility in a manner that minimizes the
				  generation of leachate and that does not allow any leachate to enter surface
				  waters or groundwater except under authority of a State Pollutant Discharge
				  Elimination System permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 360 - Solid Waste Management Facilities › Section 360.20 - Environmental monitoring services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department may require environmental
				  monitoring services at any facility anytime during the construction, operation,
				  closure, and post-closure of the facility to be paid for by the facility where:
(1) environmental monitoring services are
				  required by law;
(2) the compliance
				  history or past practices of the owner or operator over the past five years
				  reveals an inability or unwillingness to comply with environmental laws and
				  regulations or has included a conviction of an environmental crime or other
				  criminal environmental violation, execution of an order on consent or consent
				  decree, or the issuance of a Commissioner's decision or judgment finding one or
				  more violations;
(3) the past or
				  current practices at the facility have resulted in conditions which pose a
				  significant threat to public health or the environment, or indicate that
				  significant adverse environmental or health impacts are likely to occur;
				  or
(4) the department determines the
				  regulated facility, site or regulated activity needs additional oversight due to
				  exceptional circumstances related to its size, throughput, materials handled or
				  location (such as proximity to human use or habitation, to drinking water
				  supplies, to critical or sole source aquifers, to endangered species, to other
				  sensitive receptors or to environmental justice areas) or relating to the nature
				  of its operations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 360 - Solid Waste Management Facilities › Section 360.21 - Closure requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				  as otherwise provided in this Part or in Part 361, 362, 363, 365 or Subpart 374-2
				  of this Title, the owner or operator of a facility that requires a permit or
				  registration must comply with the following requirements:
(1) Notify the department in writing 30 days
				  prior to the anticipated final receipt of waste and within seven days of
				  completion of all closure activities.
(2) Within 30 days after receiving the final
				  quantity of wastes, submit an annual report to the department as required under
				  this Part.
(3) Within 60 days after
				  receiving the final quantity of waste, remove and deliver any remaining waste to
				  a facility authorized to accept the waste.
(4) Within 90 days after receiving the final
				  quantity of waste, complete all closure activities, including removal of all
				  products resulting from the processing of waste and decontamination of all
				  equipment and structures involved in any aspect of waste management, in a manner
				  acceptable to the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 360 - Solid Waste Management Facilities › Section 360.22 - Financial assurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability. Except as otherwise provided
				  in this Part or in Parts 361, 362, 363, 365, or Subpart 374-2 of this Title, the
				  owner or operator of a facility that requires financial assurance must comply
				  with the requirements of this section.
(1)
				  Except as provided in 360.4 of this Part, each owner or operator of a facility
				  required to obtain financial assurance must provide continuous coverage beginning
				  no later than 60 days prior to the initial receipt of waste and until released by
				  the department from financial assurance requirements by demonstrating compliance
				  with the applicable closure, post-closure care, custodial care, and corrective
				  measures requirements pertaining to the facility, and demonstrating that the
				  facility and any waste remaining at the facility do not pose a threat to public
				  health or the environment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-1 - Recyclables Handling and Recovery Facilities › Section 361-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subpart applies to any
					 facility that receives source-separated nonputrescible recyclables for the
					 purpose of processing. The requirements contained in Part 360 of this Title also
					 apply to any facility that is subject to this Subpart.
(b) This Subpart does not apply to:
(1) a facility that receives organic waste,
					 which is regulated under Subpart 361-2, 361-3, or 361-4 of this Part;
(2) a facility that receives construction and
					 demolition debris for recovery, which is regulated under Subpart 361-5 of this
					 Part;
(3) a facility that receives
					 only motor vehicles or portions of motor vehicles, which is regulated under
					 Subpart 361-7 of this Part;
(4) a
					 facility that receives waste tires, which is regulated under Subpart 361-6 or
					 362-1 of this Part;
(5) a facility
					 that receives electronic waste for recovery and recycling as authorized by
					 department registration or permit issued pursuant to Part 360 of this
					 Title;
(6) a facility that receives
					 municipal solid waste for post-collection separation of recyclables. That type of
					 facility, or a portion thereof, is regulated under Subpart 362-2 of this Part;
					 and
(7) a facility that operates
					 pursuant to the Universal Waste Rule in section 374-3 of this Title.
(8) a facility that is a redemption center
					 regulated under Part 367 of this Title and article 27, title 10 of the
					 Environmental Conservation Law (ECL), which limits its activities to the
					 collection, sorting, and packaging of empty beverage containers from redeemers,
					 in bags and boxes for return to the deposit initiator or agent of the deposit
					 initiator, without further processing, except through a reverse vending machine
					 after the deposit initiator has authorized, in writing, processing through the
					 reverse vending machine at the redemption center's facility;
(9) a facility, or a portion of a facility,
					 engaged primarily in the purchase, processing and shipment of ferrous and/or
					 non-ferrous scrap metal, which is regulated under Subpart 361-7 of this
					 Title;
(10) a facility, or portion of
					 a facility, that receives source-separated recyclables for the purpose of
					 transfer. That type of facility, or a portion thereof, is regulated under Subpart
					 362-3 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-1 - Recyclables Handling and Recovery Facilities › Section 361-1.2 - Exempt facilities

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the exemptions provided for in section
						360.14  of this Title, the following
						facilities are exempt from this Subpart:
(a) Take back sites, which for purposes of this
					 Subpart, means sites at a retailer or wholesaler that are used for collection of
					 recyclables similar in nature to those sold or distributed by the retailer or
					 wholesaler, if the materials are collected for the purpose of recycling or
					 reuse.
(b) Sites operated by
					 government or not for profit organizations that take back consumer goods for
					 reuse or secondary marketing.
(c)
					 Recyclables handling and recovery facilities that are owned or operated by a
					 municipality, or contracted by or on behalf of a municipality that accept less
					 than 20 cubic yards of source-separated nonputrescible recyclables per day,
					 provided the following criteria are met:
(1)
					 the facility must only accept residential source-separated nonputrescible
					 recyclables;
(2) the facility must be
					 owned or leased by the municipality or a contractor working on behalf of the
					 municipality;
(3) all
					 source-separated nonputrescible recyclables must be transferred manually from
					 incoming vehicles to the containers;
(4) the facility must only accept
					 source-separated nonputrescible recyclables when an attendant is on
					 duty;
(5) the source-separated
					 nonputrescible recyclables must be placed in containers during operation of the
					 facility;
(6) the source-separated
					 nonputrescible recyclables must be stored in rigid leak-proof containers and
					 covered at the end of the operating day; and
(7) the source-separated nonputrescible
					 recyclables must be stored separately by waste type. Nonputrescible recyclables
					 may be stored for up to 90 calendar days.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-1 - Recyclables Handling and Recovery Facilities › Section 361-1.3 - Registered facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise exempt or required to
					 obtain a permit pursuant to this Part, the following facilities must register
					 with the department as specified in this Subpart, and are subject to section
					 360.15  of this Title. Paragraph
					 361-1.3(a)(1) is amended to read as follows:
(1) Recyclables handling and recovery
					 facilities that have residue below 15 percent of their intake based on a full
					 year of operation.
(2)
					 Repealed
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-1 - Recyclables Handling and Recovery Facilities › Section 361-1.4 - Permit application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A recyclables handling and recovery facility that is not an
						exempt facility or subject to the registration provisions of section 361-1.3  of
						this Subpart must obtain a permit from the department, and must submit an
						application which includes the information required in section 360.16  of this
						Title and must include a description of how the facility will comply with the
						operating requirements in Part 360 of this Title and section 361-1.5  of this
						Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-1 - Recyclables Handling and Recovery Facilities › Section 361-1.5 - Operating requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A recyclables handling and recovery facility required to
						obtain a registration or a permit must, in addition to the requirements
						identified in Part 360 of this Title, design, construct, maintain, and operate
						the facility in compliance with the following criteria:
(a) A recyclables handling and recovery
					 facility can receive only source-separated, nonputrescible recyclables for
					 further processing.
(b) Residues and
					 processed recyclables must be stored separately. Recyclables must be maintained
					 in a manner that ensures marketability is not adversely affected.
					 Source-separated or processed and separated material that meets a beneficial use
					 determination as specified in section
					 360.12  of this Title can be stored
					 without time restriction so long as the storage volume conforms with the declared
					 storage volume identified in the application or registration documents.
(c) Unprocessed and processed recyclables that
					 are intended to be recovered can be stored for a maximum of 180 calendar days,
					 unless the following criteria are satisfied to justify a longer storage period.
(1) There is a demonstrated need to store for a
					 longer period, such as a market agreement with terms of receipt based on greater
					 than 180-day intervals or volumes that may take longer than 180 days to
					 acquire;
(2) the facility has
					 sufficient storage area to prevent a negative impact to public health or the
					 environment;
(3) the facility
					 implements an inventory control system, including daily logs, to ensure that the
					 processed recyclables do not remain at the facility for longer than the period
					 approved; and
(4) Prior to storing
					 unprocessed and processed recyclables for longer than 180 calendar days, the
					 facility must notify the department of its intent and include justification based
					 on the requirements of this subdivision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-1 - Recyclables Handling and Recovery Facilities › Section 361-1.6 - Recordkeeping and reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities registered and permitted pursuant to this Part
						must:
(a) Keep records as required by
					 section
					 360.19(k) 
					 of this Title.
(b) Submit an annual
					 report as required by section
					 360.19(k)(3) 
					 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-2 - Land Application and Associated Storage Facilities › Section 361-2.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to the application of septage,
						biosolids, food processing waste, or other organic wastes onto or in the soil to
						improve soil quality or provide plant nutrients. This Subpart applies to any
						combination of these activities or materials. This Subpart also applies to the
						storage of these wastes before land application. The definitions and other
						criteria contained in Part 360 of this Title apply to this Subpart. The criteria
						applicable to digestate are found in section
						361-3.3  of this
						Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-2 - Land Application and Associated Storage Facilities › Section 361-2.2 - Exempt facilities

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the exemptions found in section
						360.14  of this Title, the following
						facilities or activities are exempt from this Subpart, if odor migration is
						minimized, and vectors are controlled.
(a) A land application facility or storage
					 facility, for animal manure and associated bedding material except at facilities
					 that must register pursuant to section
					 361-2.3(b) and (c) 
					 of this Part. For purposes of this exemption, bedding material includes hay,
					 straw, sawdust, wood shavings, shredded newsprint, sand, and materials approved
					 pursuant to a case specific beneficial use determination under section
					 360.12  of this Title.
(b) A land application facility or storage
					 facility for food processing wastes that are visually recognizable. The waste
					 must be applied at or below agronomic rates. The storage is limited to a maximum
					 of 20 cubic yards at any one time on any farm and for a maximum period of six
					 months.
(c) A land application
					 facility for fish-related material generated from a New York State-owned or
					 licensed fish hatchery. The waste must be applied at or below agronomic
					 rates.
(d) A land application
					 facility or manure storage facility for food processing waste located on a farm
					 covered by a CAFO permit provided:
(1) the
					 facility is not located in the New York City watershed or on Long
					 Island;
(2) the storage structure is
					 built and operated in compliance with the National Resource Conservation Service
					 (NRCS) code NY313;
(3) the waste does
					 not contain human fecal matter (sewage sludge, septage, etc.) or industrial waste
					 other than food processing waste; and
(4) the amount of food processing waste placed
					 in the storage facility does not exceed 50 percent of the total volume of waste
					 placed in the storage facility on an annual basis.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-2 - Land Application and Associated Storage Facilities › Section 361-2.3 - Registered facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicable requirements
(1) Unless otherwise exempt, the facilities and
					 appliers listed in subdivisions (b) and (c) of this section must obtain a
					 registration under section
					 360.15  of this Title.
(2) Facilities registered under this section
					 are not required to have a closure plan or to obtain financial
					 assurance.
(3) Each facility must
					 comply with the criteria in section
					 360.19  of this Title, including the
					 annual report requirement outlined in section
					 360.19(k)(3)  of this
					 Title.
(4) Written permission from
					 the owner of real property on which the facility is located, if not the
					 applicant, must be provided with the registration application.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-2 - Land Application and Associated Storage Facilities › Section 361-2.4 - Permit application requirements for land application facilities

Current through Register Vol. 46, No. 28, July 10, 2024
A land application facility that is not an exempt facility
						or subject to the registration provisions of section
						361-2.3  of this Subpart must obtain a
						permit and must submit an application, which includes the requirements identified
						in this section and section
						360.16  of this Title. The application
						must include:
(a) A soil survey map from
					 the U.S. Department of Agriculture's Soil Conservation Service, with a key to the
					 soil survey, indicating the location of land application. Location-specific soil
					 investigation results must be provided, if deemed necessary by the department,
					 based on soil and hydrogeologic conditions at the site.
(b) Information concerning the depth to bedrock
					 and groundwater, and the source of the data.
(c) A land application operation plan that
					 includes:
(1) the amount of land that will be
					 used and the crops to be grown;
(2)
					 timing of planting and harvesting;
(3) application rate and any supplemental waste
					 or fertilizer that will be used (including manure);
(4) description of field stockpile storage, if
					 applicable;
(5) provisions for waste
					 storage or disposal when land application is restricted (e.g., due to weather or
					 other site conditions); and
(6) a
					 description of how the design and operating requirements in section
					 360.19  of this Title and section
					 361-2.5  of this Subpart will be
					 satisfied.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-2 - Land Application and Associated Storage Facilities › Section 361-2.5 - Design and operating requirements for land application facilities

Current through Register Vol. 46, No. 28, July 10, 2024
A land application facility required to obtain a permit
						must, in addition to the requirements identified in Part 360 of this Title,
						design, construct, maintain, and operate the facility in compliance with the
						following criteria. For facilities permitted under this section, a closure plan
						and financial assurance are not required.
(a) Pollutant limits.
(1) Each waste destined for land application
					 must not exceed the pollutant concentrations found in Table 6 in section
					 361-3.9  of this Part.
(i) If the waste contains pollutants at
					 concentrations greater than those set forth in this subdivision, a permit for a
					 land application facility will not be issued unless the generator has implemented
					 an identification and abatement program and has remained in compliance with the
					 requirements of this subdivision for a period of at least six continuous months.
					 At least six analyses for total solids and the parameter(s) of concern must be
					 provided to the department to demonstrate compliance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-2 - Land Application and Associated Storage Facilities › Section 361-2.6 - Permit application requirements for storage facilities

Current through Register Vol. 46, No. 28, July 10, 2024
A storage facility for waste destined for land application,
						that is not an exempt facility or subject to the registration provisions of
						section 361-2.3  of this Subpart, must obtain
						a permit and must submit an application that includes the requirements identified
						in this section and section
						360.16. The application must
						include:
(a) For surface impoundments, a
					 construction plan for the facility including a construction quality
					 assurance/construction quality control plan.
(b) For surface impoundments, a hydrogeologic
					 report that is consistent with the applicable provisions of Part 363 and that
					 identifies or characterizes the depth to groundwater and bedrock, the critical
					 stratigraphic section and the direction of groundwater flow. The report must also
					 discuss the monitorability of the facility, location of any recharge areas for
					 primary or principal aquifers and the location of any unstable areas.
(c) A description of how the facility will
					 comply with the operating requirements in section
					 360.19  of this Title and section
					 361-2.7  of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-3 - Composting and Other Organics Recycling Facilities › Section 361-3.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to composting and other organics
						recycling facilities for municipal solid waste, source-separated organics (SSO),
						biosolids, septage, yard trimmings or other organic waste. This Subpart also
						applies to any combination of these activities or materials. The requirements
						contained in Part 360 of this Title also apply to this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-3 - Composting and Other Organics Recycling Facilities › Section 361-3.3 - Anaerobic digestion facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Exempt facilities.
The following facilities are exempt from this Subpart when
						operated in a manner that does not produce vectors, dust or odors that
						unreasonably impact neighbors of the facility, as determined by the
						department.
(1) An anaerobic digestion
					 facility located at a site controlled by the waste generator, in accordance with
					 paragraph 360.14(c)(1) of this Title. The digestate must be stored and used in a
					 manner acceptable to the department.
(2) An anaerobic digestion facility that
					 accepts only animal manure and bedding. Additionally, the storage and use of the
					 digestate is exempt.
(3) An anaerobic
					 digestion facility that accepts no more than 1,000 pounds or one cubic yard,
					 whichever is greater, of SSO per week on a monthly average. No more than 2,000
					 pounds can be accepted in any week. The digestate must be stored and used in a
					 manner acceptable to the department.
(4) An anaerobic digestion facility located on
					 a farm covered by a CAFO permit and operated by the farm, provided that the waste
					 accepted is limited to manure, food processing waste, FOG (fats, oil, grease from
					 food sources), and other similar non-industrial source separated organics,
					 without sanitary content. The resultant digestate contains no more than 0.5
					 percent physical contaminants greater than 4 millimeters by weight (dry weight
					 basis) with no more than 20% consisting of film plastic. Physical contaminants
					 include human-made inert products including, but not limited to, glass, metal,
					 and plastic. Analyses may be required by the department to confirm compliance.
					 The non-manure waste received must not exceed 50 percent, by volume, of waste
					 placed in the anaerobic digestion facility on an annual basis. If multiple
					 digestion units are located on a farm, the 50 percent restriction applies to the
					 total entering the farm, not entering each digestion unit; Digestate managed in
					 one of the following methods is exempt:
(i)
					 land application or storage of the digestate on a farm covered by a CAFO permit.
					 Otherwise, registration under paragraph 361-3.3(b)(2) of this Part is
					 required;
(ii) use of dewatered
					 solids for animal bedding;
(iii) use
					 of blended dewatered solids as a topsoil (no more than 50 percent digestate in
					 the mix), provided the material does not cause odors when stored or
					 used;
(iv) a composting facility for
					 the dewatered solids located on a farm. Otherwise, registration is required and
					 the criteria of subdivision
					 361-3.2(c)  must be
					 followed; and
(v) other methods
					 approved by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-3 - Composting and Other Organics Recycling Facilities › Section 361-3.4 - Fermentation facilities for source-separated organics

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Exempt facilities.
The following facilities are exempt from this Subpart when
						operated in a manner that does not produce vectors, dust or odors that
						unreasonably impact neighbors of the facility, as determined by the department.
						The byproducts of fermentation must be used in a manner acceptable to the
						department.
(1) A fermentation facility
					 located at a site controlled by the waste generator, in accordance with paragraph
					 360.14(b)(1) of this Title.
(2) A
					 fermentation facility that accepts no more than 1,000 pounds or one cubic yard of
					 SSO per week, whichever is greater, based on a monthly average.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-3 - Composting and Other Organics Recycling Facilities › Section 361-3.5 - Animal feed production facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Exempt facilities.
The following facilities are exempt from this Subpart when
						operated in a manner that does not produce vectors, dust or odors that
						unreasonably impact neighbors of the facility, as determined by the department.
						All incoming food scraps must be stored in an enclosed area. Use of the product
						requires a beneficial use determination, in accordance with section
						360.12  of this Title.
(1) An animal feed production facility located
					 at a site controlled by the waste generator, in accordance with paragraph
					 360.14(b)(1) of this Title.
(2) An
					 animal feed production facility that only accepts bread, other similar grain
					 products (spent brewery grains, etc.) as outlined in section
					 360.12  of this Title.
(3) An animal feed production facility that
					 accepts no more than 1,000 pounds or one cubic yard of food scraps per week based
					 on a monthly average, whichever is greater.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-3 - Composting and Other Organics Recycling Facilities › Section 361-3.6 - Other organics recycling facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Exempt facilities.
The following facilities are exempt from this Subpart when
						operated in a manner that does not produce vectors, dust or odors that
						unreasonably impact neighbors of the facility, as determined by the department. A
						product generated must be used in a beneficial manner that is protective of human
						health and the environment.
(1) A
					 facility located at a site controlled by the waste generator, in accordance with
					 paragraph 360.14(b)(1) of this Title.
(2) A facility that accepts only animal manure
					 and bedding.
(3) A facility that
					 accepts no more than 1,000 pounds or one cubic yard, whichever is greater, of SSO
					 per week based on a monthly average.
(4) A facility covered by a CAFO permit
					 provided that the waste accepted is limited to manure, food processing waste,
					 FOG, and non-industrial organic wastes without sanitary content. The non-manure
					 waste received must not exceed 50 percent, by volume, of waste managed on an
					 annual basis. Facilities that are not owned by the farm must be covered by the
					 farm's CAFO approvals.