N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-6.3

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

Section 361-6.3 - Registered facilities

(a) Facilities of the following types are subject to the registration provision of section 360.15 of this Title unless otherwise exempt. In lieu of the full requirements described in Part 360 of this Title, each facility must comply with the reporting and recordkeeping requirements of subdivision 360.19(k) of this Title, the closure requirements of section 360.21 of this Title, and the associated operating requirements identified in paragraphs (1), (2), and (3) of this subdivision.

(1) A facility collecting and storing waste tires, where:

(i) all waste tires are stored in enclosed trailers or other enclosed portable containers;

(ii) each enclosed trailer or other enclosed portable container is removed from the facility within seven days of being filled to capacity;

(iii) the facility has a contractual agreement for the removal and use or proper management of the waste tires;

(iv) each enclosed trailer or other portable enclosed container is locked when the facility is closed;

(v) there are no more than six enclosed trailers or other enclosed portable containers at the facility at any one time whether filled or partially filled;

(vi) If storage is in two or more enclosed trailers, the facility or storage is secured to prevent unauthorized access by the use of fencing, gates, signs, natural barriers, or other suitable means as determined by the department.

(vii) documentation is available at the facility that demonstrates that the storage of the enclosed trailers or other enclosed portable containers is in accordance with State and local building and fire codes;

(viii) waste tires are transported to and from the facility only in accordance with Part 364 of this Title; and

(ix) the facility maintains financial assurance in an amount sufficient to cover the cost of closure of the facility in compliance with sections 360.21 and 360.22 of this Title.

(2) A facility selling waste tires, where:

(i) waste tires are received, sorted by tire size and type, and stored on shelves or racks in an enclosed building or enclosed trailer;

(ii) stored tires are suitable for resale;

(iii) an inventory is maintained by tire size and type that identifies each waste tire;

(iv) documentation is available at the facility that demonstrates that the storage configuration and fire prevention and protection systems are in accordance with State and local building and fire codes;

(v) if storage is in two or more enclosed trailers, the facility or storage area is secured to prevent unauthorized access by use of fencing, gates, signs, natural barriers, or other suitable means as determined by the department; and

(vi) the facility maintains financial assurance in an amount sufficient to cover the cost of closure of the facility in compliance with sections 360.21 and 360.22 of this Title.

(3) A facility with a valid registration with the U.S. Department of Transportation as a tire retreader, where:

(i) waste tires are received, sorted, and stored in an enclosed building or enclosed trailer;

(ii) all tire-related waste generated as a result of facility operation is removed from the facility for appropriate management within seven days after generation;

(iii) the storage of whole waste tires is no greater than the 30-day production capacity of the facility;

(iv) an inventory is maintained by tire size and type that identifies each waste tire;

(v) documentation is available at the facility demonstrating that the storage configuration and fire prevention and protection systems are in accordance with State and local building and fire codes; and

(vi) the facility maintains financial assurance in an amount sufficient to cover the cost of closure of the facility in compliance with sections 360.21 and 360.22 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-6.3

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