N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.3

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

Section 373-2.3 - Preparedness and prevention

(a)Applicability.

The regulations in this section apply to owners and operators of all hazardous waste facilities, except as section 373-2.1(a) of this Subpart provides otherwise.

(b)Design and operation of facility.

Facilities must be designed, constructed, maintained and operated to minimize the possibility of a fire, explosion or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil or surface water which could threaten human health or the environment.

(c)Required equipment.

All facilities must be equipped with the following, unless it can be demonstrated to the commissioner that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:

(1) an internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(2) a device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;

(3) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas or dry chemicals), spill control equipment and decontamination equipment; and

(4) water at adequate volume and pressure to supply water hose streams, foam-producing equipment, automatic sprinklers or water spray systems.

Note:

Subpart 373 -1 of this Part requires that an owner or operator who wishes to make the demonstration referred to above must do so with the permit application.

(d)Testing and maintenance of equipment.

All facility communications or alarm systems, fire protection equipment, spill control equipment and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

(e)Access to communications or alarm system.

(1) Whenever hazardous waste is being poured, mixed, spread or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the commissioner has ruled that such a device is not required under subdivision (c) of this section.

(2) If there is ever just one employee on the premises while the facility is operating, the employee must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless the commissioner has ruled that such a device is not required under subdivision (c) of this section.

(f)Required aisle space.

The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment to any area of facility operation in an emergency, unless it can be demonstrated to the commissioner that aisle space is not needed for any of these purposes.

Comment: Subpart 373-1 of this Part requires that an owner or operator who wishes to make the demonstration referred to above must do so with the permit application.

(g)Arrangements with local authorities.

(1) The owner or operator must attempt to make the following arrangements as appropriate for the type of waste handled at the facility and the potential need for the services of these organizations:

(i) arrangements to familiarize police, fire departments and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes;

(ii) where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

(iii) agreements with State emergency response teams, emergency response contractors and equipment suppliers;

(iv) arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions or releases at the facility.

(2) Where local authorities decline to enter into such arrangements, the owner or operator must document the refusal in the operating record.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.3

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