N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-4.4

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

Section 362-4.4 - Design and operating requirements

A facility required to obtain a permit under this Subpart must, in addition to the requirements identified in section 360.19 of this Title, design, construct, maintain, and operate the facility in compliance with the following criteria for HHW and CESQG waste. HHW collected that does not qualify as either type of waste must be disposed as solid waste.

(a) The facility must be equipped with the following:

(1) an internal communication or alarm system;

(2) a communication device capable of summoning emergency assistance or emergency response;

(3) decontamination equipment; and

(4) fire suppression equipment.

(b) The following container criteria must be complied with:

(1) only containers of suitable structural integrity can be used to store waste;

(2) only containers constructed of compatible material can be used to store waste;

(3) all containers must be:

(i) closed during storage;

(ii) handled, opened, and stored in a manner that prevents rupture of the container and prevents leaking;

(iii) marked with words identifying its contents, and the date waste is first placed in the container; and

(iv) stored in areas that have secondary containment systems adequate to contain the quantity of all containers stored in that storage area. Leaked waste and spills must be removed immediately upon detection, and accumulated precipitation must be removed in a timely manner.

(c) Waste storage of more than two days must occur in an enclosed structure. Waste stored in an enclosed structure at the facility must be kept on-site for a period not to exceed 180 days, provided the storage capacity of the structure and facility are not exceeded.

(d) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. Incompatible waste must be stored separately. Incompatible, ignitable, and reactive wastes must be stored at least 50 feet from the property boundary.

(e) Inspections, including evaluation of leaks, container integrity, and condition of secondary containment systems, must be conducted at least weekly.

(f) Aisle space must be maintained to allow the unobstructed movement of personnel, fire protection equipment, and decontamination equipment to any area of facility operation.

(g) All HHW or CESQG wastes must be transported from the collection facility by a transporter permitted to transport hazardous waste under Part 364 of this Title. HHW collected at satellite collection events can be transported by the program sponsor to the permitted facility without need for a waste transporter permit issued under Part 364 of this Title.

(h) The transportation of HHW or CESQG waste, or both, must be accompanied by shipping documents. The identity of the program sponsor and date(s) of collection, the intended receiving facility, the volume, the waste type, and the hazard class of the waste must be listed on the shipping document.

(i) All HHW and CESQG waste must either be reused or managed as hazardous waste at a facility properly permitted or authorized to accept hazardous waste.

(j) A copy of the emergency response plan required by subdivision 362-4.3(e) of this Subpart must be kept at the facility.

(k) Any satellite collection event held in association with a permit issued under this Subpart must meet the following criteria:

(1) the program sponsor must complete a collection event plan that must be available while the collection event takes place. The collection event plan must include:

(i) the procedures that will be used to ensure that all collected waste comes from households or CESQGs;

(ii) waste determination, handling, and packaging procedures, including segregation of wastes based on their chemical and physical properties and proper packaging, labeling, manifesting, and preparation of the waste for shipment;

(iii) identification of the individuals who will be present during collection hours to implement the procedures identified in subparagraph (ii) of this paragraph and their qualifications;

(iv) a spill prevention and control plan;

(v) a collection event-specific emergency response plan; and

(vi) a security plan.

(2) all wastes must be removed from the satellite collection event site within three days of collection, and the site must be returned to its original condition after the collection event is complete.

(3) all wastes must be properly packaged to prevent reactions, spills or leaks and labeled as "Household Hazardous Waste" or "CESQG Waste", as applicable.

(4) the transportation of HHW and CESQG waste from a satellite collection event must be accompanied by shipping documents. The identity of the program sponsor, the date(s) of collection, the intended receiving facility, the volume, the waste type and the hazard class of the waste must be listed on the shipping document;

(5) all HHW and CESQG waste must either be reused or be managed as hazardous waste at a facility properly permitted or authorized to accept hazardous waste.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-4.4

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