N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 364-4.8
Current through Register Vol. 46, No. 45, November 2, 2024
Section 364-4.8 - Operating requirements for permitted transportersThe following operating requirements apply to transporters subject to the permitting requirements of this Part:
(a) Transport vehicles for regulated waste must include a cargo-carrying portion that is enclosed and secured except when loading or unloading regulated waste.(b) Except for self-transport described in section 364-2.1(b)(2) of this Part, source-separated HHW must be transported by a transporter permitted to transport hazardous waste.(c) Regulated waste must only be delivered to a receiving facility authorized to accept the waste and the receiving facility must be designated on the transporter permit.(d) Each receiving facility located within New York State must be authorized to accept the waste pursuant to the requirements of the ECL and applicable regulations.(e) Each receiving facility located outside the jurisdiction of New York State must be authorized to operate within the state or jurisdiction where the facility is located or otherwise be exempt within that state or jurisdiction.(f) Transporters must only deliver waste to the receiving facility identified on the waste tracking document, if a waste tracking document is required. In cases where the receiving facility specified on the waste tracking document is unable to accept the waste, the transporter may elect, upon notification to the generator, to either deliver the waste to an alternate receiving facility for that waste type listed on the transporter"s permit or to return the shipment to the generator.(g) Waste requiring a tracking document must be kept separate from waste not requiring a tracking document.(h) The operator of any transport vehicle used for activities covered by this Part must carry a legible paper copy, or other format approved by the department, of the most recent permit issued in the transport vehicle. The operator must present the permit, together with associated waste tracking documents or justification that the waste being transported does not require a Part 364 registration or permit, to authorized representatives of the department or to any law enforcement officer upon request.(i) Each transport vehicle used by a permitted transporter for activities regulated under this Part, must display the name of the permitted transporter in a prominent position on both sides of the permitted transport vehicle and the permit number of the transporter in prominent position on both sides and the rear of the transport vehicle in numbers and letters at least three inches high and in a color which contrasts with the background color.(j) A permittee must conspicuously mark or placard every transport vehicle, in a manner consistent with Article 2, Section 14-f of the New York State Transportation Law and any rules and regulations promulgated thereunder and any related federal requirements, related to the transportation of the regulated waste and its principal hazard.(k) All wastes must be properly contained during transport to prevent any type of discharge to the environment.(l) All waste must be properly secured within the transport vehicle during transport to prevent movement or leakage within the transport vehicle during transport.(m) All waste containers must be oriented in an appropriate manner, as marked on any container, to ensure proper transportation and to avoid spillage or leakage during transport.(n) The operator of any transport vehicle used for activities covered by this Part must remain with the transport vehicle while it is being loaded or unloaded unless otherwise approved by the department.(o) Permitted transport vehicles, other than the driver's compartment, are restricted to the transportation of materials not intended for human or animal consumption or for other use by the general public except when properly cleaned or disinfected in accordance with all applicable federal and state regulations governing decontamination.(p) Any transporter of hazardous waste must also comply with all applicable requirements of Part 372 of this Title. Prior to transport of hazardous waste from a hazardous waste generator, the transporter must provide in writing, to the generator, a statement or proof that the transporter is authorized to deliver the hazardous waste to the designated treatment, storage, or disposal facility. Any transporters who provide a pre-printed manifest to a generator, shipper, or offeror of regulated waste must ensure that all information is correct and clearly legible on all copies of the manifest.(q) All transport vehicles, including bulk packages and containers used in transporting regulated waste must be kept in a sanitary condition.(r) Each transporter must also comply with applicable USDOT hazardous materials requirements set forth in 49 CFR 173.196 and 173.197, and 173.199, as incorporated by reference in section 360.3 of this Title, including but not limited to, packaging, labeling, marking and use of appropriate tracking documents pertaining to the regulated waste authorized for transport.(s) The transporter must comply with the tracking documentation requirements in section 364-5.1 of this Part.(t) The transporter must comply with the recordkeeping and reporting requirements in section 364-5.2 of this Part.(u) The department may require or conduct inspections of transport vehicles during the life of the permit.(v) The transporter must ensure that any vehicle used to transport regulated waste is listed on the permit.(w) The transporter must ensure that any receiving facility to which regulated waste is delivered is listed on the permit.(x) The transporter must comply with all applicable state and federal laws and all rules and regulations promulgated thereunder.N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 364-4.8
Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023