N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 364-3.3

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

Section 364-3.3 - Operating requirements for registered transporters

In lieu of the operating requirements identified in section 360.19 of this Title, a waste transporter required to obtain a registration must operate in compliance with the following criteria:

(a) The transporter must be in possession of a legible paper copy, or other format approved by the department, of the most recent registration issued pursuant to this Part. The transporter must present the registration, any required waste tracking documentation relating to the waste being transported, or justification that the waste being transported does not require a Part 364 registration or permit to authorized representatives of the department or to any law enforcement officer upon request.

(b) Each transport vehicle used by a registered transporter for activities regulated under this Part, must display the name of the registered transporter on both sides of the transport vehicle and the registration number of the transporter on both sides and the rear of the transport vehicle in numbers and letters at least three inches high and in a color that contrasts with the vehicle's background color.

(c) The department may require or conduct inspections of transport vehicles as a condition of application approval or during the life of the registration.

(d) All wastes must be properly contained during transport to prevent any type of discharge to the environment.

(e) Each receiving facility located within New York State must be authorized to accept the waste pursuant to the requirements of the ECL and applicable regulations.

(f) Each receiving facility located outside the jurisdiction of New York State must be authorized to operate within the state or jurisdiction where the facility is located or otherwise be exempt within that state or jurisdiction.

(g) A registered transporter may return regulated waste to the generator when an authorized receiving facility cannot be located or a receiving facility refuses to accept the regulated waste.

(h) A certificate of treatment form must accompany treated RMW. Treated RMW is considered commercial waste for the purposes of this Part.

(i) The transporter must comply with the recordkeeping and reporting requirements in Subpart 364-5 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 364-3.3

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