N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-3.3

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

Section 362-3.3 - Registered facilities

The following facilities that are not otherwise exempt from this Subpart, are subject to the registration provisions of section 360.15 of this Title. Each facility must comply with the operational criteria provided in Part 360 of this Title, subdivision 362-3.5(a) of this Subpart and the operational requirements identified below.

(a) A transfer facility that is owned or operated by a municipality, or contracted by or on behalf of a municipality, and receives less than 50 tons of waste per day, provided the following conditions are satisfied:

(1) a maximum of 250 tons or 1,000 cubic yards of waste is located at the facility at any given time;

(2) all putrescible waste is removed from the facility by the end of the next business day after the transfer container becomes full or within seven calendar days of receipt, whichever occurs first, and all nonputrescible waste is removed within 30 calendar days of receipt;

(3) the facility accepts waste only when an attendant is on duty; and

(4) the municipality provides for the collection of source-separated recyclables at the facility unless alternative recyclables collection methods are available and the department agrees in writing that the alternative methods meet the requirements of this paragraph.

(b) A facility used for the transfer of septage from only one transporter who uses no more than two of the transporter's vehicles to collect residuals from a composting toilet (liquids and solids), provided the conditions of section 362-3.5(h)(1)-(5) of this Subpart are met.

(c) A facility that receives source-separated recyclables for transfer to another facility or point of reuse, provided the following conditions are satisfied:

(1) the facility accepts putrescible recyclables only when an attendant is on duty;

(2) recyclables must be stored separately from any other waste that is being accepted at the facility;

(3) putrescible source-separated recyclables must be removed from the facility by the end of the next business day after the on-site storage container becomes full or within seven calendar days of receipt, whichever occurs first;

(4) nonputrescible recyclables can be stored for up to 180 calendar days, unless the following criteria are satisfied to justify a longer storage period:

(i) there is a demonstrated need to store for a longer period, such as a market agreement with terms of receipt based on greater than 180-day intervals or volumes that may take longer than 180 days to acquire;

(ii) the facility has sufficient storage area to prevent a negative impact to public health or the environment;

(iii) the facility implements an inventory control system, including daily logs, to ensure that the recyclables do not remain at the facility for longer than the period approved; and

(iv) prior to storing recyclables for longer than 180 days, the facility must notify the department of its intent and provide justification based on the requirements of this paragraph.

(5) recyclables are stored in a manner to ensure marketability is not adversely affected;

(6) all recyclables delivered to or leaving a facility that receives more than 5 tons/day must be weighed and recorded; and

(7) transfer facilities that receive food scraps from a designated food scraps generator after January 1, 2022 must ensure that the food scraps are transferred to a facility regulated by Subpart 361-2 or 361-3 of this Title, unless the designated food scraps generator has received a temporary waiver from the department. All reasonable precautions must be taken to not commingle the food scraps with any other solid waste unless such commingled waste can be processed by the facility regulated by Subpart 361-2 or 361-3 of this Title to which the commingled waste is transferred.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-3.3

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