N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-6.5

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

Section 361-6.5 - Design and operating requirements for permitted facilities

A waste tire handling and recovery facility required to obtain a permit must, in addition to the requirements identified in Part 360 of this Title, design, construct, maintain, and operate the facility in compliance with the following:

(a) for facilities that process tires, the storage of waste tires received must be no greater than the 30-day production capacity of the facility;

(b) for facilities that are only receiving waste tires for storage, the waste control plan must include a market analysis which identifies available and potential markets for waste tires.

(c) all tire-related waste generated as a result of facility operation is removed from the facility to an authorized solid waste management facility within seven days after generation;

(d) the maximum individual waste tire storage pile size at the facility does not exceed 20 feet in height. Horizontal dimensions of individual waste tire piles must have a surface area no greater than 5,000 square feet, with the width not to exceed 40 feet;

(e) a minimum separation distance of ten feet must be maintained between adjacent piles unless the piles are stored in bins or other structures which separate piles. Storage piles must not extend over property boundaries;

(f) no waste tire piles can be located in excavations or below grade;

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

(h) facilities having a planned or actual storage capacity of 2,500 or more waste tires have either an active hydrant or a viable fire pond on the facility, and fully charged carbon dioxide or dry chemical fire extinguishers located in strategically placed enclosures throughout the entire facility or other fire protection and prevention equipment approved by the local fire marshal;

(i) facilities having a planned or actual storage capacity of 2,500 or more waste tires must be enclosed by a woven wire, chain-link or other fence material, at least six feet in height, with access controlled by locking gates.

(j) potential ignition sources are prohibited in the facility storage area; and

(k) 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 §§ 361-6.5

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