N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-1.5

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

Section 361-1.5 - Operating requirements

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.

(d) Unprocessed recyclables that the facility does not intend to recover and that do not contain putrescible waste can be stored for a period not to exceed 14 calendar days.

(e) Incidental putrescible waste received or putrescible residues can be stored for a period not to exceed seven calendar days after receipt or generation.

(f) Refrigerants contained in materials being handled must be properly removed and managed prior to compaction, crushing or shredding.

(g) All recyclables and waste delivered to or leaving a facility that receives more than 5 tons per day must be weighed and recorded.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-1.5

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