N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-3.2

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

Section 362-3.2 - Exempt facilities

The following facilities are exempt from this Subpart. Nothing in this section exempts facilities that are subject to permit or registration requirements under another Subpart of this Title.

(a) A facility where waste is transferred from vehicle to vehicle, including truck to train and truck to barge, for shipment to another authorized facility, provided the following criteria are met:

(1) the transfer facility only accepts waste from transporters that are under its ownership or control;

(2) the waste is in rigid, leak-proof, closed containers;

(3) the containers are not placed on the ground at any time during transfer; and

(4) the contents of each container remain in the closed container during all operations.

(b) A transfer facility that is owned or operated by a municipality, or contracted by or on behalf of a municipality that accepts no more than 20 cubic yards of waste per day and no more than 20 cubic yards of source-separated recyclables per day, for the purpose of shipment to another authorized facility, provided the following criteria are met:

(1) only residential waste is accepted at the facility;

(2) the transfer location and all vehicles are owned or leased by the municipality or a contractor working on behalf of the municipality;

(3) the waste is not placed on the ground at any time during the transfer;

(4) all putrescible waste is removed from the facility once a container is full or at least once every seven days, whichever occurs first;

(5) the waste is stored in rigid leak-proof containers and covered at the end of the operating day;

(6) the municipality provides for the collection of source-separated recyclables at the facility.

(7) waste received separately for recycling must be stored separately by waste type. Nonputrescible recyclables can be stored for up to 90 calendar days;

(8) all waste is transferred manually from incoming vehicles to the waste containers; and

(9) the facility accepts waste only when an attendant is on duty.

(c) A transfer facility that is owned or operated by a municipality, or contracted by or on behalf of a municipality, that accepts no more than 3,000 tons per year of yard trimmings for the purpose of shipment to another authorized facility, provided the following criteria are met:

(1) only yard trimmings are accepted at the facility;

(2) the transfer location and all vehicles are owned or leased by the municipality or a contractor working on behalf of the municipality;

(3) the waste is not stored at the facility for more than five calendar days;

(4) no more than 500 cubic yards of yard trimmings are on site at any time;

(5) measures are taken to minimize the blowing of bags, grass, and leaves;

(6) dust and odors are effectively controlled so that they do not constitute a nuisance, as determined by the department;

(7) precipitation, surface water, and groundwater that has come in contact with yard trimmings must be managed within the site and must not enter a surface waterbody or a conveyance to a surface waterbody, or cause a violation of water quality standards promulgated in Part 750 of this Title; and

(8) other activities regulated under Parts 360 through 365 of this Title are not conducted at the facility.

(d) A transfer facility that accepts no more than five cubic yards of source-separated organic waste per day for shipment to an authorized transfer or treatment facility, provided the following criteria are met:

(1) the organic waste is not placed on the ground at any time during the transfer;

(2) all organic waste is removed from the facility within five business days; and

(3) the organic waste is stored in rigid, leak-proof containers and covered at the end of the operating day.

(e) Take back sites, which for purposes of this Subpart, means sites at retail or wholesale locations that are used for collection of materials similar in nature to those sold or distributed by the retailer or wholesaler.

(f) A transfer facility that is owned or operated by a municipality, or contracted by or on behalf of a municipality that accepts waste no more than five days per year, for the purpose of shipment to another authorized facility, provided the following criteria are met:

(1) only residential waste is accepted at the facility;

(2) the transfer location is owned or leased by the municipality or a contractor working on behalf of the municipality;

(3) the waste is not placed on the ground at any time during the transfer;

(4) all putrescible waste is removed from the facility once a container is full or at least once every seven days, whichever occurs first;

(5) the waste is stored in rigid leak-proof containers and covered at the end of the operating day;

(6) the municipality provides for the collection of source-separated recyclables at the facility;

(7) waste received separately for recycling must be stored separately by waste type. Nonputrescible recyclables can be stored for up to 90 calendar days;

(8) all waste is transferred manually from incoming vehicles to the waste containers; and

(9) the facility accepts waste only when an attendant is on duty.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-3.2

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