N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 364-5.1

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

Section 364-5.1 - Waste tracking document applicability and requirements

(a) Applicability. The provisions of this section apply to the following:

(1) All transporters registered or permitted pursuant to this Part that transport any of the following wastes must comply with this Subpart.

(i) Fill Type 1, Fill Type 2 or Fill Type 3 transported in the New York City Metropolitan Area Waste Impact Zone;

(ii) Fill Type 4;

(iii) Fill Type 5;

(iv) excavated material that does not meet the requirements of section 360.12 or 360.13 of this Title for reuse;

(v) RMW; and

(vi) non-exempt drilling and production waste as provided in section 364-2.1(b)(14) of this Part.

(2) Transporters of C&D debris generated in the New York City Metropolitan Area Waste Impact Zone.

(b) Requirements.

(1) A waste tracking document must be completed for each shipment of waste. The waste tracking document must be in a form prescribed or approved by the department.

(2) Transporters must not accept a shipment of waste from a generator unless accompanied by a properly completed waste tracking document or equivalent document approved by the department. The waste tracking document must be legible and the document certification must be signed and dated by an authorized representative of the generator. The waste tracking document certification shall state: I certify, under penalty of law, that the information provided in this waste tracking document has been prepared under my direction and supervision and further certify that the information contained herein is true and accurate. I am aware that any false statement on this form is punishable pursuant to section 210.45 of the Penal Law.

(3) Transporters must not accept a shipment of waste that does not match the quantity or type of waste listed on the waste tracking document. In cases where volume or weight of waste is unknown, waste tracking documents must reflect that the quantity of waste being shipped is estimated.

(4) Transporters must have the waste tracking document signed and dated by an authorized representative of the receiving location or facility, or obtain from the receiving location or facility an acknowledgement of receipt acceptable to the department, upon delivery of the waste.

(5) Transporters must provide a copy of the tracking document to the receiving location or facility.

(6) All transporters of waste listed in subparagraphs (a)(1) (ii), (iii), (iv), (v) and (vi) and those transporters subject to paragraph (a)(2) of this section must provide copies of waste tracking documents signed and dated by an authorized representative of the generator or containing an acknowledgement of generation acceptable to the department to both the generator and the department within 15 days of waste delivery to the receiving user or facility.

(7) Transporters of RMW that consolidate or re-manifest shipments of waste from multiple generators in a new single tracking document must retain a copy of each generator's original tracking document or maintain a consolidation log indicating all shipments consolidated or re-manifested on a separate tracking document. A copy of the generator's original tracking document and the log that includes the following information must accompany the new tracking document:

(i) name, address and telephone number of each generator;

(ii) quantity and date of shipment of RMW for each generator; and

(iii) if applicable, the names and permit numbers of all previous transporters.

(8) Transporters of RMW must return a copy of each tracking document (including any consolidated or re-manifested documents) to the generator within 15 days of receipt of the document from the receiving facility.

(9) Tracking document discrepancies. Discrepancies including variations in the waste shipment, number of containers or volume, compromised packaging, or waste unaccompanied by a tracking document must be resolved as follows:

(i) within 15 days of receiving the waste, a report must be filed with the department describing the discrepancy and the attempts the transporter has undertaken to reconcile it.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 364-5.1

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