Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATIONChapter IV - QUALITY SERVICESSubchapter B - SOLID WASTESPart 361 - Siting Of Industrial Hazardous Waste Facilities
Subpart 361-5 - Construction and Demolition Debris Handling and Recovery Facilities
Section 361-5.2 - Exempt facilities

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-5.2

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 361-5.2 - 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) The storage of the materials listed in paragraphs 361-5.2(a)(1)-(3) of this subdivision located within the New York City Metropolitan Area Waste Impact Zone and under the control of the generator or the person designated by the generator to be responsible for the generation of the material which is anticipated to be reused under a beneficial use determination. The material listed in paragraphs 361-5.2(a)(1)-(4) of this subdivision must be stored separately and no more than 500 cubic yards in total of the materials on-site at any one time. Material that is no longer considered a solid waste under a beneficial use determination can be stored in any quantity.
(1) Fill Type 1;
(2) Fill Type 2;
(3) Fill Type 3; and
(4) recognizable, uncontaminated concrete or concrete products (including those that have embedded reinforcement), brick, rock, asphalt pavement, asphalt millings or mixtures of only the materials in this paragraph.
(b) The storage of the materials listed in paragraphs 361-5.2(b)(1)-(2) of this subdivision located outside of the New York City Metropolitan Area Waste Impact Zone and under the control of the generator or the person designated by the generator to be responsible for the generation of the material and which is anticipated to be reused under a beneficial use determination. The materials listed in paragraphs 361-5.2(b)(1)-(2) of this subdivision must be stored separately and no more than 10,000 cubic yards in total of the material on-site at any one time. Storage of greater than 2,500 cubic yards requires notification to the department on an annual basis. Material that is no longer considered a solid waste under a beneficial use determination can be stored in any quantity.
(1) Fill Type 3; and
(2) recognizable, uncontaminated concrete or concrete products (including those that have embedded reinforcement), brick, rock, asphalt pavement, asphalt millings or mixtures of only the materials in this paragraph.
(c) a site authorized by the City of New York to temporarily stage C&D debris.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-5.2

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