N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-1.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 373-1.6 - Permit conditions

(a)Conditions applicable to all permits.

The following conditions apply to all Part 373 permits, and will be incorporated into the permits either expressly or by reference. If incorporated by reference, a specification to these regulations must be given in the permit.

(1) Duty to comply. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of ECL article 27, title 9, and is grounds:

(i) for enforcement action;

(ii) for permit termination, revocation and reissuance, or modification; or

(iii) for denial of a permit renewal application.

(2) Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit.

(3) Need to halt or reduce activity not a defense. It will not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

(4) Duty to mitigate. In the event of noncompliance with the permit, the permittee must take all reasonable steps to minimize releases to the environment and must carry out such measurements as are reasonable to prevent significant adverse impacts on human health and the environment.

(5) Proper operation and maintenance. The permittee must at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

(6) Permit actions. This permit may be modified, suspended or revoked for cause. The filing of a request by the permittee for a permit modification, suspension or revocation, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

(7) Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege.

(8) Duty to provide information. The permittee must furnish to the commissioner, within a reasonable time, any relevant information which the commissioner may request to determine whether cause exists for modifying, suspending or revoking this permit, or to determine compliance with this permit. The permittee must also furnish to the commissioner, upon request, copies of records required to be kept by this permit.

(9) Inspection and entry. The permittee must allow the commissioner or an authorized representative, upon the presentation of identification, to:

(i) enter at reasonable times upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

(ii) have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

(iii) inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under this permit; and

(iv) sample or monitor at reasonable times, for the purposes of assuring permit compliance, or as otherwise authorized by the ECL, any substances or parameters at any location.

(10) Monitoring and records.

(i) Samples and measurements taken for the purpose of monitoring must be representative of the monitored activity.

(ii) The permittee must retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, the certification required by section 373-2.5(c)(2)(ix) of this Part, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended by request of the commissioner at any time. The permittee must maintain records of all ground-water quality and ground-water surface elevations, for the active life of the facility, and for the post-closure care period as well.

(iii) Records for monitoring information must include:

(a) the date, exact place and time of sampling or measurements;

(b) the name(s) of the individual(s) who performed the sampling or measurements;

(c) the date(s) analyses were performed;

(d) the name(s) of the individual(s) who performed the analyses;

(e) the analytical techniques or methods used; and

(f) the results of such analyses.

(11) Signatory requirements. All applications, reports or information submitted to the commissioner must be signed and certified (see section 373-1.4[a][5] of this Subpart).

(12) Reporting requirements.

(i) Planned changes. The permittee must give notice to the commissioner as soon as possible of any planned physical alterations or additions to the permitted facility.

(ii) Anticipated noncompliance. The permittee must give advance notice to the commissioner of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. For a new facility, the permittee may not treat, store or dispose of hazardous waste; and for a facility being modified, the permittee may not treat, store or dispose of hazardous waste in the modified portion of the facility except as provided in section 373-1.7 of this Subpart, until:

(a) the permittee has submitted to the department by certified mail or hand delivery, a letter signed by the permittee and a professional engineer registered in New York State stating that the facility has been constructed or modified in compliance with the permit; and

(b) the commissioner has:

(1) inspected the modified or newly constructed facility and finds it is in compliance with the conditions of the permit; or

(2) if, within 15 days of the date of submission of the letter in clause (a) of this subparagraph, the permittee has not received notice from the commissioner of his or her intent to inspect, the prior inspection is waived and the permittee may commence treatment, storage or disposal of hazardous waste.

(iii) Transfers. This permit is not transferable to any person except after notice to the commissioner. The commissioner may require modification or suspension of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under this Part. (Note: see section 373-1.7[a] of this Subpart.)

(iv) Monitoring reports. Monitoring results must be reported at the intervals specified elsewhere in this permit.

(v) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit must be submitted no later than 14 days following each schedule date.

(vi) Twenty-four-hour reporting.

(a) The permittee must orally report any noncompliance that may endanger health or the environment within 24 hours from the time the permittee becomes aware of the circumstances, including:

(1) information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies; and

(2) any information of a release or discharge of hazardous waste or of a fire or explosion from the HWM facility, which could threaten the environment or human health outside the facility.

(b) The description of the occurrence and its cause must include:

(1) names, address and telephone number of the operator;

(2) name, address and telephone number of the facility;

(3) date, time and type of incident;

(4) name (chemical and common) and quantity of material(s) involved;

(5) the extent of injuries, if any;

(6) an assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable; and

(7) estimated quantity and disposition of recovered material that resulted from the incident.

(c) A written submission must also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission must contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent recurrence of the noncompliance. The commissioner may waive the five-day written notice requirement in favor of a written report within 15 days.

(vii) Manifest discrepancy report. If a significant discrepancy in a manifest is discovered, the permittee must attempt to reconcile the discrepancy. If not resolved within 15 days, the permittee must submit a letter report, including a copy of the manifest, to the commissioner (see Part 372 of this Title).

(viii) Unmanifested waste report. This report must be submitted to the commissioner within 15 days of receipt of unmanifested waste (see section 373-2.5[f] of this Part).

(ix) Annual report. An annual report must be submitted covering facility activities during the calendar year (see section 373-2.5[e] of this Part).

(x) Other noncompliance. The permittee shall report all instances of noncompliance not reported under subparagraphs (iv), (v) and (vi) of this paragraph at the time monitoring reports are submitted. The reports shall contain the information listed in subparagraph (vi).

(xi) Other information. Where the permittee becomes aware that any relevant facts were omitted in a permit application, or incorrect information was submitted in a permit application or in any report to the commissioner, the permittee must promptly submit the correct facts or information.

(13) Information repository. The commissioner may require the permittee to establish and maintain an information repository at any time, based on the factors set forth in section 373-1.10(c)(2) of this Subpart. The information repository will be governed by the provisions in section 373-1.10(c)(3) through (6) of this Subpart.

(b)Requirements for recording and reporting of monitoring results.

All permits must specify:

(1) requirements concerning the proper use, maintenance and installation when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);

(2) required monitoring, including type, intervals and frequency sufficient to yield data which are representative of the monitored activity, including, when appropriate, continuous monitoring; and

(3) applicable reporting requirements based upon the impact of the regulated activity and as specified in Subpart 373-2 of this Part. Reporting must be no less frequent than specified in the above regulations.

(c)Establishing permit conditions.

(1) In addition to conditions required in all permits (subdivision [a] of this section), the commissioner may establish, as required on a case-by-case basis, conditions in permits regarding section 373-1.8(a) of this Subpart (duration of permits), (d) of this section (schedules of compliance and alternate schedules of compliance), and (b) of this section (monitoring).

(2) Each permit will include permit conditions necessary to achieve compliance with RCRA and its regulations and article 27, title 9 of the ECL and its regulations, including each of the applicable requirements specified in Subpart 373-2 of this Part and Parts 374 and 376 of this Title. In satisfying this provision, the department may incorporate applicable requirements of Subpart 373-2 of this Part and Parts 374 and 376 of this Title directly into the permit or establish other permit conditions that are based on this Part. The department may impose permit conditions as the department determines necessary to protect human health and the environment. If, as the result of an assessment or other information, the department determines that conditions are necessary in addition to those required under 40 CFR part 63, subpart EEE, as incorporated by reference and implemented by section 200.10(a) and (d) of this Title, Subpart 373-2 of this Part, or Subpart 374-1 of this Title, to ensure protection of human health and the environment, the department will include those terms and conditions in a Part 373 permit for a hazardous waste combustion unit.

(3) New permits, renewal of permits and modified or suspended permits shall incorporate each of the applicable requirements referenced in this section.

(4) Incorporation. All permit conditions will be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit. The applicable regulations or requirements would be those which are in effect prior to final issuance of the permit.

(d)Schedules of compliance.

(1) The permit may, when appropriate, specify a schedule of compliance leading to compliance with this Part.

(i) Time for compliance. Any schedules of compliance will require compliance as soon as possible.

(ii) Interim dates. Except as provided in clause (2)(i)(b) of this subdivision, if a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule will establish interim requirements and the dates for their achievement.

(a) The time between interim dates will not exceed one year.

(b) If the time necessary for completion of any interim requirement is more than one year, and is not readily divisible into stages for completion, the permit will specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

(iii) Reporting. The permit will be written to require that, no later than 14 days following each interim date and the final date of compliance, the permittee shall notify the commissioner, in writing, of its compliance or noncompliance with the interim or final requirements, or submit progress reports if clause (ii)(b) of this paragraph is applicable.

(2) Alternative schedules of compliance. A permit applicant or permittee may cease conducting regulated activities (by receiving a terminal volume of hazardous waste and for treatment and storage HWM facilities, closing pursuant to applicable requirements; and for disposal HWM facilities, closing and conducting post-closure care pursuant to applicable requirements) rather than continue to operate and meet permit requirements as follows:

(i) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:

(a) the permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or

(b) the permittee must cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.

(ii) If the decision to cease conducting regulated activities is made before issuance of a permit the term of which would have included the termination date, the permit when issued will contain a schedule leading to termination to ensure timely compliance with applicable requirements.

(iii) If the permittee is undecided whether to cease conducting regulated activities, the commissioner may issue or modify a permit to contain two schedules as follows:

(a) Both schedules will contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities.

(b) One schedule will lead to timely compliance with applicable requirements.

(c) The second schedule will lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements.

(d) Each permit containing two schedules will include a requirement that, after the permittee has made a final decision under clause (a) of this subparagraph, it must follow the schedule leading to termination if the decision is to cease conducting regulated activities.

(iv) The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the commissioner, such as resolution of the board of directors of a corporation.

(e)Effect of a permit.

(1) Compliance with a permit issued pursuant to this Part during its term constitutes compliance, for purposes of enforcement, with Parts 370 through 374 and 376 of this Title except for those requirements not included in the permit which:

(i) become effective by statute;

(ii) are promulgated under Part 376 of this Title restricting the placement of hazardous wastes in or on the land;

(iii) are promulgated under Subpart 373-2 of this Part regarding leak detection systems for new and replacement surface impoundment, waste pile, and landfill units, and lateral expansions of surface impoundment, waste pile, and landfill units. The leak detections system requirements include double liners, CQA programs, monitoring, action leakage rates, and response action plans, and will be implemented through the procedures of section 373-1.7 of this Subpart for major modifications; or

(iv) are promulgated under section 373-3.27, 373-3.28 or 373-3.29 of this Part limiting air emissions.

(2) A permit may be modified, revoked, and reissued, or terminated during its term for cause as set forth in section 373-1.7(b) of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-1.6

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020