N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-1.2

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

Section 361-1.2 - Exempt facilities

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.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-1.2

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