N.Y. Comp. Codes R. & Regs. tit. 6 § 360.4

Current through Register Vol. 46, No. 18, May 1, 2024

Section 360.4 - Transition

Except as otherwise provided in this Part or in Parts 361, 362, 363, 364, 365, 369 or Subpart 374-2 of this Title, the following constitute the transition rules for persons subject to this Part.

(a) A permitted facility or transporter must comply with the conditions of the permit and the solid waste management facility regulations in effect on the day when the permit was issued for the duration of the permit, unless a modification under Part 621 of this title is approved. At the time of permit renewal, the application from a facility operating under the Part 360 regulation in effect prior to November 4, 2017 will be considered a permit modification request and the facility or transporter must comply with the regulations that pertain to the type of facility or transporter in effect at the time of permit renewal. Nothing in this subdivision can be construed to limit or prohibit a department-initiated modification of a permit under the provisions of Part 621 of this Title.

(b) Unless otherwise specified in this section, a permit application that is deemed complete by the department will be reviewed for conformance with the Part 360, 361, 362, a nd 365 regulations in effect at the time the application was deemed complete.

(c) Subpart 361-5 Facilities

(1) Except as noted within this subdivision, facilities subject to Subpart 361-5 of this Title must comply with all applicable operating requirements of those regulations within 180 days of the effective date of this rulemaking. Facilities subject to Subpart 361-5 which hold registrations issued prior to November 4, 2017 under section 360.16 must submit a new registration within 180 days of the effective date of this rulemaking. Until the department makes a determination regarding issuance of a new registration for a facility subject to 361-5, the facility must continue to comply with the conditions of the registration in effect.

(2) Existing facilities that hold registrations issued prior to November 4, 2017 under section 360.16 of this Part and which now require a permit to operate under Subpart 361-5 of this Title must have a complete application on file with the Department within 365 days of the effective date of this rulemaking. A complete application must contain sufficient information to define the activities to be conducted at the facility, but it need not include all the discrete technical details that will be required to be included for the technical review, and any applicable State Environmental Quality Review Act requirements must be commenced, but a negative declaration or acceptance of a draft environmental impact statement need not be completed by the end of the 365-day term. Facilities must remain in compliance with the conditions of the registration issued under section 360.16 of this Part until a permit is issued by the department.

(d) Facilities subject to section 360.13 of this Part must comply with all applicable requirements of those regulations within 240 days of the effective date of this rulemaking.

(e) Septage storage facilities with a valid registration on the effective date of this rulemaking may continue to operate under that registration, provided sufficient documentation has been provided to the department to demonstrate compliance with the registration criteria.

(f) Facilities located on Long Island subject to the groundwater monitoring protection criteria in Subparts 361-3 and 361-4 of this Title must install the required groundwater monitoring wells in accordance with the following schedule:

(1) Within 120 days following the effective date of this rulemaking, the facility owner or operator must submit to the Department"s Region 1 Office a groundwater monitoring plan that complies with the requirements of Subparts 361-3 and 361-4 of this Title.

(2) Within 60 days of Department approval, the required groundwater monitoring wells must be installed in accordance with the groundwater monitoring plan.

(g) Except for landfills, retrofitting of existing structural components of facilities is not required to comply with requirements of this Part and Parts 361, 362, and 365 of this Title. If new structural components are built after 180 days following the effective date of this rulemaking, the structural components must comply with the applicable requirements of this Part and Parts 361, 362, and 365 of this Title.

(h) An expansion of any facility is subject to all applicable requirements of this Part and Parts 361, 362, 363, 365, 366 and Subpart 374-2 of this Title.

(i) Facilities that closed in compliance with the Part 360, 361, 362, 363 and 365 regulations in effect on the date of closure remain subject to all the requirements in effect on the date of closure. For landfills, the requirements of Subpart 363-3 and Section 363-9.7 of this Title also apply.

(j) The following financial assurance criteria apply to permitted and registered facilities.

(1) A registered facility that did not have a valid financial assurance mechanism in place on the day before November 4, 2017, but which is required to obtain financial assurance after that date, must comply with the financial assurance provisions of section 360.22 of this Part by November 4, 2022.

(2) A registered facility that had a valid financial assurance mechanism in place prior to November 4, 2017, and is required to obtain additional financial assurance after that date, must comply with the financial assurance provisions of section 360.22 of this Part by November 4, 2024.

(3) A permitted facility that had a valid financial assurance mechanism in place prior to November 4, 2017, and is required to obtain additional financial assurance after that date, must comply with the financial assurance provisions of section 360.22 of this Part at the time of permit renewal.

(k) In addition to the other criteria in this section, the following criteria apply to landfills.

(1) Subsequent landfill development, such as the construction of additional lined landfill areas, or vertical height or waste loading increases for areas included in the permit but for which construction plans and drawings have not been approved by the department, must comply with the design, construction and certification requirements of Part 363 of this Title.

(2) Construction of the first landfill cell, for which construction plans and drawings were approved by the department prior to 180 days following the effective date of this rulemaking, must comply with the design, construction and certification requirements of the Part 360 and Subpart 363-6 regulations in effect on the date of that approval. Construction of any subsequent landfill cells must comply with the design, construction and certification requirements of Part 363 of this Title.

(3) Retrofitting of existing landfill liners, buried pipes, leachate storage tanks and similar existing structural components is not required.

(4) Except as provided in paragraph 5 of this subdivision, landfills which ceased accepting waste between October 9, 1993 and November 4, 2017 must comply with the Part 360 regulations in effect on the date the landfill ceased accepting waste. The registration requirement may be replaced by a one-time notification to the department on a form prescribed by the department.

(5) For landfills that ceased accepting waste after October 9, 1993, final cover systems must comply with the design, construction and certification requirements of Part 363 of this Title.

(6) A permit application that is deemed complete by the department will be reviewed for conformance with the Part 360 and Part 363 regulations in effect at the time the application was deemed complete. However, for permits issued after November 4, 2017, the permittee must comply with the operational, closure, and post-closure requirements set forth in Part 360 and Part 363 of this Title in effect at the time of permit issuance.

(7) Existing landfills which have prior department approval of the existing water quality database described in section 363-4.6(f)(9)(i) of this Title may continue to utilize those established statistical trigger values for compliance purposes.

(8) A landfill which had a valid Part 360 registration prior to November 4, 2017 that is three acres or less in area may continue to accept tree debris, uncontaminated soil and rock from land clearing, utility line maintenance and season or storm-related cleanups as well as recognizable uncontaminated concrete and concrete products, asphalt pavement, brick, glass, soil and rock until the authorized capacity is utilized.

(l) Beneficial use. Pre-determined beneficial use determinations in effect prior to November 4, 2017 that are no longer included in section 360.12 of this Part expired on May 4, 2018 but may be eligible for a case-specific beneficial use determination. All beneficial use determinations in effect prior to November 4, 2017 are subject to the reporting requirements of this Part on November 4, 2017. In addition, all beneficial use determinations in effect prior to November 4, 2017 that did not contain a condition with a specific expiration date expired on May 4, 2018 unless a request for renewal was submitted to the department by May 4, 2018. In those instances, the beneficial use determination will remain in effect until the department notifies the applicant of renewal approval or denial.

(m) Local solid waste management plans. A local solid waste management plan (LSWMP) approved prior to November 4, 2017 remains in effect for the planning period established in the approved LSWMP, except for the reporting requirements of Subpart 366-5 of this Title which replace the reporting requirements that existed prior to November 4, 2017. In addition, the requirements of section 366-4.2 of this Title apply to LSWMPs approved prior to November 4, 2017.

(n) State assistance grants for municipal waste reduction and recycling projects.

(1) On November 4, 2017, the municipal waste reduction and recycling project waiting list that existed on November 3, 2017 expired. For projects on the prior waiting list the following will apply:

(1) applicants for capital projects on the waiting list that existed prior to November 4, 2017 that meet the eligibility requirements for funding under Subpart 369-2 of this Title had until January 3, 2018 to submit an application in accordance with section 369-2.1(a) of this Title. Any applicant who submitted an application by January 3, 2018 in accordance with section 369-2.1(a) of this Title, will have its original pre-application date remain as the submittal date for purposes of section 369-2.1(c) of this Title. Any applicant who failed to submit an application pursuant to section 369-2.1(a) of this Title by January 3, 2018, will have its project eliminated from consideration under this transition provision. Applications will be evaluated in accordance with the criteria of Subpart 369-2 of this Title;

(2) applicants with education, promotion, planning and coordination projects who were on the waiting list that existed prior to November 4, 2017 satisfy the eligibility criteria of Subpart 369-3 of this Title and seek reimbursement for costs that have already been incurred, must submit an application within 60 days in accordance with the regulations that existed prior to the effective date of this part. Acceptable projects will be funded in the order of their original pre-application date;

(3) applicants with education, promotion, planning and coordination projects who were on the waiting list that existed on November 3, 2017 and seek reimbursement for costs that will occur after November 4, 2017 must submit an application in accordance with section 369-3.1(b) of this Title.

(o) State assistance grants for landfill closure/landfill gas projects. Projects on waiting lists that existed on November 3, 2017 will remain on waiting lists as described in section 369-6.1(b)(2) or 369-7.1(b)(2) of this Title depending on the type of project; however, no project will remain on the waiting list if it does not satisfy the eligibility requirements of Subparts 369-6 or 369-7 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 360.4

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