N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-1.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 361-1.1 - Applicability

(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.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-1.1

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023