N.Y. Comp. Codes R. & Regs. tit. 6 § 360.19

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

Section 360.19 - Operating requirements

(a) Applicability. Except as otherwise provided in this Part or in Parts 361, 362, 363, or 365, or Subpart 374-2 of this Title, the owner or operator of a facility that requires a permit or registration must comply with the requirements of this section.

(b) Water protection.

(1) The owner or operator of a facility must prevent waste from being deposited in or entering surface waters or groundwater.

(2) The owner or operator of a facility must operate the facility in a manner that minimizes the generation of leachate and that does not allow any leachate to enter surface waters or groundwater except under authority of a State Pollutant Discharge Elimination System permit.

(c) Waste acceptance and control.

(1) The owner or operator of a facility must institute, maintain, and enforce a waste control plan. Components of this plan must include, but not be limited to, the following measures to ensure that only authorized waste is accepted at the facility:

(i) posting clearly legible signs at all public access points indicating hours of operation and the types of waste accepted and not accepted;

(ii) inspecting incoming loads of waste;

(iii) specifying which types of waste are authorized to be accepted in contracts with waste suppliers.

(iv) identifying materials intended for beneficial use, a marketing plan for those materials, and a plan for disposal or alternative use of materials that fail to meet the criteria for the intended beneficial use; and

(v) in addition, landfills, combustion facilities, thermal treatment facilities, municipal solid waste processing facilities and transfer facilities must:

(a) educate users of their facilities on the proper methods for the management of electronic waste, including:

(1) providing written information annually to all potential users of the facility on the proper methods of recycling electronic waste;

(2) maintaining written information on-site and upon request, providing the information to users of the facility; and

(3) posting, in conspicuous locations at the facility, signs stating that electronic waste cannot be disposed of at the facility; and

(b) post a sign, in a conspicuous location, stating that mercury-added thermostats are not accepted at the facility.

(2) Except for facilities regulated under sections 360.17 and 360.18 of this Part or Part 361, Part 365, Subpart 362-4 or Subpart 362-5 of this Title, a facility must not accept waste from New York State that is generated within a municipality that is not included in a department-approved comprehensive recycling analysis (CRA) or a department-approved local solid waste management plan (LSWMP).

(3) The owner or operator of a facility must develop and implement a program to train facility staff to implement the waste control plan.

(4) If unauthorized waste is delivered to the facility it must be adequately segregated, secured, and contained in order to prevent leakage or contamination of the environment and must be removed within seven days after receipt, unless a different period is authorized by the department in the waste control plan. Transportation must be performed by a person authorized to transport the waste, and disposition must be to a facility or location authorized to receive the waste for management.

(i) If the owner or operator accepts unauthorized waste, the owner or operator must maintain at the facility a record of each incident identifying the type of waste and its final disposition. The owner or operator must include this information in the facility annual report. For each incident, the owner or operator must record:

(a) the date and time;

(b) a description of the incident;

(c) contact and vehicle information for the waste transporter that delivered the unauthorized waste;

(d) contact information for the generator of the unauthorized waste; and

(e) a description of the response to the incident and the disposition of the waste.

(5) The owner or operator of a facility must not accept waste unless the vehicle transporting the waste is adequately covered or the waste is containerized. When leaving the facility, all vehicles containing waste must utilize a cover which prevents waste and leachate from escaping the vehicle, or the waste must be containerized.

(6) The owner or operator of a facility which is authorized to manage mercury-containing devices or mercury-added consumer products must not place any of those materials in a combustor or landfill, or direct the material to a combustor or landfill.

(7) If a facility provides a residential drop-off area for non-commercial vehicles to unload waste and recyclables, the owner or operator must provide a separate, designated area for that activity.

(8) The owner or operator of a facility must ensure that all waste leaving the facility is destined to be managed at a facility authorized by the department if located in this state, or authorized by the appropriate governmental agency or agencies if located in another state, territory, or nation.

(9) The owner or operator of a facility must ensure that all unloading and loading areas are adequate in size and designed to facilitate efficient movement of waste to and from the collection vehicles and to facilitate the unobstructed movement of vehicles.

(10) The owner or operator of a facility must ensure that all areas containing waste are strictly and continuously secured to prevent unauthorized access by use of fencing, gates, signs, natural barriers, or other suitable means as determined by the department. Waste must not be used as a barrier.

(11) The owner or operator of a facility must ensure that storage volumes and throughput limits established by the requirements of this Part or Part 361, 362, 363, or 365 of this Title or by the volumes and throughput declared on the registration form for the facility are not exceeded.

(12) An attendant must be on duty at a facility which has permanent operating mechanical equipment whenever the facility is open.

(d) Operation and maintenance. The owner or operator of a facility must ensure that the following criteria are satisfied:

(1) All maintenance and operating activities at the facility are performed in accordance with the facility manual required by 360.16(c)(4) of this Part, if applicable.

(2) The facility accommodates expected traffic flow in a safe and efficient manner. Facility roadways are passable in all weather conditions.

(3) Tracking of soil, waste, leachate and other materials from the facility onto off-site roadways is prevented.

(4) All equipment, storage containers, and storage areas are sufficient for the quantity and type of waste managed at the facility. Adequate numbers, types, and sizes of properly maintained equipment are available during all hours of operation.

(5) All floors and working areas are adequately drained, properly maintained, and standing water is minimized. All drainage and wash waters are collected and handled in a manner acceptable to the department.

(6) The facility is properly graded to prevent soil erosion and to minimize ponding.

(7) Equipment and systems required to manage waste at the facility are properly operated, calibrated, and maintained at all times.

(8) Prior to leaving the facility, any vehicle containing waste must be covered with, at a minimum, a mesh or fabric cover acceptable to the department.

(9) If an unscheduled total facility shutdown exceeds 24 hours, the facility will immediately notify the department describing the incident and the proposed waste management activities.

(e) Routine inspection. The owner or operator of a facility must monitor and inspect the facility for malfunctions, deteriorations, operator errors, and incidents no less frequently than on a daily basis when the facility is open. The owner or operator of a facility must immediately undertake any and all measures needed to eliminate any violation of an operational, closure, or post-closure care requirement of this Part and of Part 361, 362, 363, and 365 of this Title. Measures taken do not preclude the department from exercising its enforcement powers.

(f) Confinement of waste. The owner or operator of a facility must ensure that waste at the facility is confined to an area that can be effectively maintained, operated, and controlled; and that blowing litter is confined to waste holding and operating areas by fencing or other suitable means. Any litter outside the waste holding area must be controlled.

(g) Dust control. The owner or operator of a facility must ensure that dust is effectively controlled so that it does not constitute a nuisance as determined by the department; and must undertake any and all measures as required by the department to maintain and control dust at and emanating from the facility.

(h) Vector control. The owner or operator of a facility must effectively control on-site populations of vectors.

(i) Odor control. The owner or operator of a facility must ensure that odors are effectively controlled so that they do not constitute a nuisance as determined by the department.

(j) Noise. The owner or operator of a facility must ensure that noise (other than that occurring during construction of the facility) resulting from equipment or operations at the facility does not exceed the following energy equivalent sound levels beyond the property line owned or controlled by the owner or operator of the facility at locations authorized for residential purposes:

Character of Community within a one-mile radius of facility	Leq Energy Equivalent Sound Levels
Time	7 a.m. to 10 p.m.	10 p.m. to 7 a.m.
Rural	57 decibels (A)	47 decibels (A)
Suburban	62 decibels (A)	52 decibels (A)
Urban	67 decibels (A)	57 decibels (A)

The Leq is the equivalent steady-state sound level which contains the same acoustic energy as the time varying sound level during a one-hour period. It is not necessary that the measurements be taken over a full one-hour time interval, but sufficient measurements must be available to allow a valid extrapolation to a one-hour time interval.

(1) If the background sound level exceeds the referenced Leq sound level limit, the Leq sound levels from facility sources and background sources when combined must not exceed the Leq sound level of the background sources alone by more than 3 decibels (A).

(2) The background sound level, measured as Leq, is the existing ambient sound level during a period of peak acoustical energy measured in the absence of sound produced by equipment or operations at the facility. A background sound level monitoring protocol must be submitted to the Department for approval prior to conducting background measurements.

(3) Sound levels must be measured using the slow time constant and A-weighting. During the measurement period, no precipitation must occur and wind speeds must not exceed 12 miles per hour.

(4) Measuring instruments must be Type 1 or Class 1 precision sound level meters, Type 2 or Class 2 general purpose sound level meters, or corresponding special sound level meters Type S1A or S2A.

(5) Noise assessments must include details of the attenuation factors and calculations utilized. Noise assessment calculations are allowed to utilize average annual conditions when calculating atmospheric attenuation.

(6) Mufflers are required on all internal combustion-powered equipment used at the facility.

(k) Recordkeeping and reporting.

(1) Application documents. The owner or operator of a facility must maintain at the facility or other approved location, and make readily available for inspection throughout the life of the facility including the post-closure care period and the custodial care period, a copy of all information and data required as part of the application for the permit or submittal for registration, as well as construction certification and closure construction certification documents.

(2) Operating records. The owner or operator of a facility must maintain at the facility or other approved location, and make readily available for inspection for a period of no less than seven years from the date a particular record was created, the following operating records:

(i) A daily log of wastes received that identifies the waste type, quantity, date received, and planning unit where the waste was generated, and the quantity and destination of any waste, products or recyclables that are removed from the facility.

(ii) Routine inspection logs that must include, at a minimum, the following information: the date and time of the inspection, the name of the inspector, a description of the inspection including the identity of specific equipment and structures inspected, the observations recorded, and the date and nature of any remedial actions implemented or repairs made as a result of the inspection.

(iii) All monitoring information necessary for compliance with the requirements of this Part and the requirements applicable to permitted facilities in Parts 361, 362, 363, and 365 of this Title.

(iv) Records documenting training programs, schedules, and certifications as required.

(v) Any other information required in a permit or registration under this Part or that the department may require be created and maintained as part of the daily operating records.

(3) Annual report.

(i) The owner or operator of a facility must submit a completed annual report in a format acceptable to the department no later than March 1 of each year for the previous calendar year, on forms prescribed by the department. A copy of the most recent annual report must be maintained at the facility and be available for inspection.

(ii) The owner or operator of a facility required to report to the department related to the facility's compliance under this Part or Parts 361, 362, 363, or 365 of this Title, or under the terms of any permit issued under this Part, must make, sign, and submit with the report the following certification:

I certify, under penalty of law, that the data and other information identified in this report have been prepared under my direction and supervision in compliance with a system designed to ensure that qualified personnel properly and accurately gather and evaluate this information. I am aware that any false statement make in this report is punishable pursuant to section 71-2703 (2) of the Environmental Conservation Law and section 210.45 of the Penal Law.

(l) Personnel training. The owner or operator of a facility must ensure sufficient and appropriately trained staff are available to manage the quantity and type of waste that will be handled at the facility.

(m) Emergency Response. The owner or operator of a facility must adequately respond to emergencies such as fires, explosions, natural disasters, and spills that occur at the facility.

(n) Tank Requirements. The owner or operator of a facility that includes tanks for waste storage must comply with the following requirements:

(1) All tanks must:

(i) be chemically compatible with the waste being stored;

(ii) be equipped with an overfill prevention system in good working order; and

(iii) have double-walled construction with leak detection, if deemed necessary by the department.

(2) If required by the department, above ground tanks must:

(i) have and maintain a secondary containment system that is compatible with the waste being stored;

(ii) have a secondary containment system designed and built to contain 110 percent of the volume of either the largest tank within the containment system or the total volume of all interconnected tanks, whichever is greater;

(iii) be located on a stable surface which prevents movement, rolling, or settling;

(iv) have a system to remove stormwater from the secondary containment area. Precipitation removal (rain, snow, or ice) must be initiated before ten percent of the storage capacity is reached; and

(v) have a minimum of two feet of freeboard if open on the top.

(3) Self inspection requirements for tanks and related equipment:

(i) tanks must be inspected on no less than a monthly basis when waste is present in the tank, and the interior inspected whenever emptied;

(ii) if the inspection reveals a leak or any other deficiency that would result in failure of the tank, remedial measures must be taken immediately to eliminate the leak or correct the deficiency; and

(iii) the overfill protection system must be inspected monthly when waste is present in the tank.

(o) In addition to the financial assurance requirements in Parts 361, 362, 363, and 365, the department may require the owner or operator of the facility to maintain financial assurance in an amount sufficient to cover the cost of closure of the facility as specified in sections 360.21 and 360.22 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 360.19

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