N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-3.5

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

Section 374-3.5 - Standards for destination facilities

(a)Applicability.

(1) The owner or operator of a destination facility (as defined in section 374-3.1[i] of this Subpart) is subject to all applicable requirements of Subparts 373-1, 373-2, 373-3, 374-1, Parts 376 and 621 of this Title, and the notification requirement under section 3010 of RCRA.

(2) The owner or operator of a destination facility that recycles a particular universal waste without storing that universal waste before it is recycled must comply with section 371.1(g)(3)(ii) of this Title.

(b)Off-site shipments.

(1) The owner or operator of a destination facility is prohibited from sending or taking universal waste to a place other than a universal waste handler, another destination facility or foreign destination.

(2) The owner or operator of a destination facility may reject a shipment containing universal waste, or a portion of a shipment containing universal waste. If the owner or operator of the destination facility rejects a shipment or a portion of a shipment, the owner or operator must contact the shipper to notify the shipper of the rejection and to discuss reshipment of the load. The owner or operator of the destination facility must:

(i) send the shipment back to the original shipper; or

(ii) if agreed to by both the shipper and the owner or operator of the destination facility, send the shipment to another destination facility.

(3) If the owner or operator of a destination facility receives a shipment containing hazardous waste that is not a universal waste, the owner or operator of the destination facility must immediately notify the appropriate department regional director of the illegal shipment, and provide the name, address, and phone number of the shipper. The department regional director will provide instructions for managing the hazardous waste.

(4) If the owner or operator of a destination facility receives a shipment of non-hazardous, non-universal waste, the owner or operator may manage the waste in any way that is in compliance with applicable Federal or State solid waste regulations.

(c)Tracking universal waste shipments.

(1) The owner or operator of a destination facility must keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The record for each shipment of universal waste received must include the following information:

(i) The name and address of the universal waste handler, destination facility, or foreign shipper from whom the universal waste was sent.

(ii) The quantity of each type of universal waste received (e.g., batteries, pesticides, thermostats).

(iii) The date of receipt of the shipment of universal waste.

(2) The owner or operator of a destination facility must retain the records described in paragraph (1) of this subdivision for at least three years from the date of receipt of a shipment of universal waste.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-3.5

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020