N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-3.5

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

Section 362-3.5 - 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) Source-separated household hazardous waste, source-separated electronic wastes, source-separated rechargeable batteries, source-separated mercury-containing products, and other source-separated items that are subject to legislatively enacted product stewardship programs in New York State must not be accepted by the facility.

(b) All tipping, sorting, processing, compaction, storage, loading, and related activities, which the exception of those at residential drop-off locations for non-commercial customers, must be conducted in an enclosed building unless otherwise specified in the transition provisions of section 360.4(g) of this Title and with adequate odor controls to effectively control off-site nuisances. Nonputrescible waste may be stored in outdoor areas if it is stored in closed containers or covered trailers.

(c) The processing, storage, loading, and unloading areas must be constructed of concrete or asphalt paving material and must be 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.

(d) The tipping floor must be cleaned at the end of each operating day unless otherwise determined by the Department.

(e) Radioactive waste detection procedures and requirements. Permitted transfer facilities from which MSW or drilling and production waste is transported out-of-state must meet the following 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 investigation alarm set point of the radiation detector must be set at least two times, but no greater than five times, facility background radiation levels.

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

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

(5) 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.

(6) 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.

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

(f) All putrescible waste must be removed from the transfer facility by the end of the next business day after the transfer container becomes full or within seven calendar days of receipt, whichever comes first.

(g) Any friable asbestos-containing waste accepted at the facility must be managed in accordance with the facility's waste control plan. At a minimum, the following procedures must be satisfied:

(1) friable asbestos-containing waste accepted at the facility must be labeled in accordance with 40 CFR Part 61, Subparts A and M, as incorporated by reference in section 360.3 of this Title;

(2) all transfer of friable asbestos-containing waste must be conducted in an enclosed structure equipped with systems to minimize the discharge of asbestos to the environment using the best available control technology (BACT) as defined in section 200.1(j) of this Title; and

(3) no compaction of friable asbestos-containing waste at a facility is allowed.

(h) Any septage waste accepted at the facility must be managed in accordance with the facility's waste control plan. At a minimum, the following requirements must be met:

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

(2) the minimum horizontal separation distances from the perimeter of the tank(s) must meet the requirements found in section 361-2.5(b)(1) of Part 361 of this Title;

(3) the tank(s) must be completely emptied, cleaned, and inspected or a leak detection test approved by the department must be performed, at least once every 12 months. The department must be notified at least one week before the inspection or leak detection test begins. Any damage or deterioration revealed must be repaired before the facility again receives waste;

(4) the tank must be constructed of concrete, steel, or other material approved by the department that prevents leakage. A minimum of two feet of freeboard must be maintained at all times; and

(5) all waste must be removed from the transfer facility by the end of the fifth business day after the tank becomes full.

(i) All waste delivered to and leaving the facility, with the exemption of wastes delivered by noncommercial vehicles to residential drop-off areas, must be weighed and recorded in tons.

(j) A permitted facility must maintain financial assurance in an amount sufficient to cover the cost of closure of the facility as specified by section 360.22 of this title.

(k) Food scraps requirements. After January 1, 2022, transfer facilities that receive food scraps from a designated food scraps generator must meet the following requirements:

(1) ensure that the food scraps are taken to a facility regulated by Subpart 361-2 or 361-3 of this Title, unless the designated food scraps generator has received a temporary waiver from the department.

(2) take all reasonable precautions to not commingle the food scraps with any other solid waste unless such commingled waste can be processed by the facility regulated by Subpart 361-2 or 361-3 of this Title to which the commingled waste is transferred.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-3.5

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