N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 364-4.5

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

Section 364-4.5 - Emergency waste transporter permits

(a) Prior to issuing an emergency waste transporter permit, the department must:

(1) make a finding of emergency stating that the action is a natural, accidental, or intentional human caused-event or circumstance which presents an immediate threat to life, health, property, general welfare or natural resources, why the immediate action is needed and the consequences to life, health, general welfare, property or natural resources if the action is not immediately taken; and

(2) determine from the available information that the action will be carried out in a manner that will cause the least change, modification or adverse impact to life, health, property or natural resources.

(b) Only transporters that can demonstrate to the department that they are able to comply with this Subpart may be issued emergency waste transporter permits or emergency waste transporter permit modifications.

(c) Any transporter requesting an emergency waste transporter permit must submit to the department the following:

(1) a description of the location and nature of the emergency, including why the situation is an emergency based on the immediate protection of life, health, general welfare, property or natural resources;

(2) the transporter's name, address and other relevant contact information;

(3) where applicable, a transporter's EPA identification number and evidence of appropriate training;

(4) the transport vehicle license number, state of vehicle registration, and proofs of insurance;

(5) the waste type and estimated quantity of waste to be transported;

(6) the anticipated dates transportation will occur;

(7) all anticipated receiving facilities' names and contact information, and in the case of hazardous waste transportation, the receiving facilities' EPA identification numbers;

(8) actions to be taken to minimize environmental impacts; and

(9) any additional information the department deems necessary to make a finding of an emergency.

(d) Emergency waste transporter permits may include additional requirements with respect to waste handling, training, transport, storage and final disposal of the waste. The department may attach conditions to emergency waste transporter permits and enforce them to assure compliance with the authorization and other regulatory standards that would apply to these actions absent an emergency. These requirements will be determined by the department on a case-by-case basis prior to issuance of the permit.

(e) An emergency permit may be issued for a term not to exceed 30 days and may be renewed for one term not to exceed 30 days.

(f) Tracking documents required under this Part must be filed with the department within 30 days of the completion of waste transport.

(g) The department may waive one or more specific requirements contained in this section if, on the basis of the specific circumstances of the emergency:

(1) the requirement will unduly burden the department's protection of life, health, general welfare, property or natural resources or the department's response to the emergency; and

(2) the waiver of the requirement would have no significant impact on the public health, the environment or natural resources.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 364-4.5

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