N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 364-3.2

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

Section 364-3.2 - Registration requirements and standards

(a) Registrations are ministerial actions for the purposes of Part 617 of this Title and are not subject to Part 621 of this Title.

(b) Except as otherwise exempt by this Part and Part 360, any person identified in section 364-3.1 of this Subpart must not engage in the transportation of waste without a registration issued pursuant to this Part.

(c) Transporters subject to registration under this section must submit an application for registration on forms prescribed by the department.

(d) A transporter must furnish to the department any information requested by the department to determine compliance with the registration requirements.

(e) Registrations issued pursuant to this Subpart, except those registrations issued pursuant to paragraph 364-4.1(b) of this Part, are valid for one year from the effective date of the registration. Registrations issued pursuant to paragraph 364-4.1(b) of this Part shall run concurrently with the term of the associated permit.

(f) Registrations are not transferable. A registration issued pursuant to this Subpart is only valid for the registrant identified on the registration application submitted to the department. A change of ownership of the registrant invalidates the registration.

(g) A transporter subject to registration under this Subpart who also transports waste subject to permitting under Subpart 364-4 of this Part must still obtain a permit for the transport of those types of waste.

(h) Registered transporters are not subject to the payment of environmental regulatory fees, as defined by ECL Article 72, for waste transported subject to a registration issued pursuant to this Subpart.

(i) A registration may be denied, revoked, or suspended based upon the unsuitability of the applicant as provided in 360.15 (b) of this Title.

(j) A registration may be denied, revoked, or suspended, or the processing of a registration application may be suspended, if the transporter has been determined to have violated any terms of the registration, the ECL, or any regulation or standard promulgated pursuant thereto.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 364-3.2

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