N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 232-2.11

Current through Register Vol. 46, No. 50, December 11, 2024

Section 232-2.11 - Compliance inspections

(a) All perc dry cleaning facilities must be inspected yearly unless granted an extension by the department due to extenuating circumstances. Should such an extension be granted, the following yearly inspection must be conducted no later than one year after the date of the originally scheduled inspection.

(b) Such inspections must be performed by an inspector registered with the department or by an individual working under the supervision of a registered inspector.

(c) All registered inspectors must meet the requirements of paragraphs (1), (2) and (3) of this subdivsion. Individuals working under the supervision of a registered inspector must meet the requirements of paragraphs (2) and (3).

(1) The inspector must be one of the following:

(i) a licensed professional engineer; or

(ii) a registered architect; or

(iii) a certified industrial hygienist.

(2) Must possess a perc dry cleaner owner/manager certification in accordance with section 232-2.10 of this Subpart and complete other appropriate training as specified by the department on topics related to inspections.

(3) Must not be engaged in the sale or marketing of perc dry cleaning equipment. Must not be engaged in providing services to the perc dry cleaning industry. Employees of trade associations may not conduct inspections, but trade associations may solicit bids for performing inspections on behalf of their members.

(d) The department must be notified of all yearly compliance inspections, in writing at least seven days prior to the inspection, in a form acceptable to the department, by the registered inspector.

(e) Inspections must be conducted in accordance with protocols specified by the department, and be recorded on an inspection reporting form provided by the department.

(f) Analysis of air samples collected by passive sampling devices or the equivalent must be conducted by a laboratory certified by the Environmental Laboratory Approval Program (ELAP) of the New York State Department of Health.

(g) The inspector must verify that all department NOTICES are posted in a conspicuous location in the facility in accordance with section 232-1.7 of this Part.

(h) After the inspection is completed, the registered inspector must complete the dry cleaning compliance inspection form and submit the report to the department and the facility owner or operator no later than 45 days after the inspection.

(i) The registered inspector must notify the department within three business days when measured perc emissions or concentrations exceed either one of the following applicable limits during the final performance test of a dry cleaning machine:

(1) the perc emissions from an external door fan exceed the maximum limit specified in section 232-2.4(a)(3)(iii) of this Subpart; or

(2) the end-of-cycle perc drum concentration measured by the registered inspector (inspector drum testing) exceeds the specified limit in section 232-2.4(a)(5) of this Subpart.

(j) Failure of the registered inspector to comply with the above requirements may result in the removal of the registered inspector from the department's list of registered inspectors.

(k) The owner or operator must:

(1) Make available, upon request, the most recent completed inspection reporting form to interested individuals for review on premises during normal business hours.

(2) If a compliance inspection reveals a machine leak or malfunction, the machine must be repaired within the applicable timeframe established in section 232-2.5 of this Subpart and then re-inspected by a compliance inspector no later than 45 days after the machine leak or malfunction was detected.

(3) If a compliance inspection reveals that perc emissions or perc drum concentrations exceed the limit specified in subdivison (i) of this section, the exceedance will be treated as a violation and therefore will be subject to department enforcement action, unless the machine is brought into compliance and then retested by a compliance inspector no later than 45 days after the exceedance was initially detected.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 232-2.11

Adopted New York State Register February 28, 2018/Volume XL, Issue 09, eff. 3/9/2018