N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-9.4
Current through Register Vol. 46, No. 45, November 2, 2024
Section 361-9.4 - Design and operating requirements for registered and permitted facilitiesAn NDM handling and recovery facility required to obtain a registration or 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) All waste and recovered material delivered to and leaving the facility must be weighed or otherwise measured and recorded in cubic yards or tons.(b) Storage requirements. (1) Storage of unprocessed NDM must not exceed 365 days. If the NDM is unprocessible or has no beneficial use, it must be disposed within 30 days.(2) Storage of NDM at the site must not exceed the declared volume indicated in the permit application or registration documents.(3) Processed and unprocessed NDM must not be stored in excavations or below normal grade level of the facility.(4) A minimum separation distance of ten feet must be maintained between adjacent storage piles unless the piles are stored in bins or other structures to separate piles. Storage piles must not extend over property boundaries. (5) Wind and water dispersion of NDM from storage piles must be prevented.(c) The facility must maintain financial assurance in an amount sufficient to cover the cost of closure of the facility as specified by sections 360.21 and 360.22 of this Title.(d) Processed and unprocessed NDM from a facility authorized pursuant to this Subpart may be used pursuant to a case-specific BUD approved pursuant to section 360.12(e) of this Title, or as alternative daily cover pursuant to section 363-6.21(c) of this Title.N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-9.4
Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023