N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-2.3

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

Section 362-2.3 - Design and operating requirements

A facility required to obtain a permit under this Subpart 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) The facility must accept and process only MSW.

(b) Source-separated recyclables, source-separated household hazardous waste, source-separated electronic waste, source-separated rechargeable batteries, source-separated mercury-containing products, and other source-separated items that are subject to legislatively enacted stewardship programs in the State must not be accepted for treatment, except at facilities that are approved by the department to accept only source-separated recyclables as feedstocks. Facilities must not accept source-separated recyclables as feedstock unless, at the time of permitting, that feedstock has no recycling market as determined by the department. Viability of recycling markets will be evaluated at the time of each permit renewal.

(c) Friable asbestos-containing waste must not be accepted at the facility.

(d) Radioactive waste detection procedures and requirements.

(1) A fixed radiation detection unit must be installed and operated at a location appropriate for the monitoring of all incoming waste.

(2) The concentration of radium-226 in any waste treated at the facility must not exceed 25 pCi/g however waste which triggers the radiation detector can be accepted and evaluated according to the facility's waste control plan in order to determine whether or not the waste may be accepted at the facility.

(3) The investigation alarm setpoint of the radiation detector must be set at least two times, but no greater than five times, site background radiation levels.

(4) Background radiation readings at the facility must be measured and recorded at least daily.

(5) Field checks of the radiation detector utilizing a known radiation source must be performed and recorded at least weekly.

(6) The radiation detector must be calibrated at least annually or more often as recommended by the manufacturer, and documentation describing the calibration must be maintained at the facility.

(7) Each instance in which the radiation detector is triggered by a waste load must be documented and reported to the department within 24 hours. Recorded information must include the date the waste was received, transporter name, origin of the waste, truck number or other identifying marking, detector reading, disposition of the waste, and date of disposition.

(8) Staff training related to radiation detection system operating procedures and radiation investigation alarm response procedures must be conducted at least annually.

(e) All tipping, sorting, processing, compaction, storage, and related activities must be conducted in an enclosed building with adequate odor controls, provided, however, that nonputrescible waste or processed recyclables can be stored in outdoor areas in closed containers or covered trailers in accordance with subdivisions (h), (i), and (j) of this section.

(f) The processing, storage, loading, and unloading areas must be constructed of concrete or asphalt paving material and equipped with adequate drainage structures that are directed to enclosed tanks that meet the requirements of subdivision 360.19(n) of this Title or a sanitary sewer system.

(g) The area designated for unloading of all incoming loads (tipping floor) must be cleaned at the end of each operating day unless otherwise approved by the department.

(h) Refuse-derived fuels and processed recyclables must be stored separately and maintained in a manner that ensures marketability is not adversely affected.

(i) No waste can be stored unprocessed for more than three calendar days. All residue or refuse-derived fuel must be removed from the facility whenever storage capacity is reached or within three calendar days of processing, whichever comes first.

(j) Processed recyclables can be stored for a maximum of 60 calendar days unless the following criteria are satisfied to justify a longer storage period, though in no case can the storage period exceed 180 calendar days:

(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 60-day intervals or volumes that can take longer than 60 days to acquire;

(2) the facility has sufficient storage area to accommodate the amount of waste that will accumulate during the extended storage period;

(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) the facility notifies the department of their proposal to store processed recyclables for greater than 60 days and includes justification based on the requirements of this subdivision and obtains approval from the department.

(k) The facility maintains financial assurance in an amount sufficient to cover the cost of closure of the facility as specified by sections 360.21 and 360.22 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-2.3

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