N.Y. Comp. Codes R. & Regs. tit. 6 § 376.5

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

Section 376.5 - Prohibitions on storage

(a)Prohibitions on storage of restricted wastes.

(1) Except as provided in this section, the storage of hazardous wastes restricted from land disposal under section 376.3 of this Part or RCRA section 3004 is prohibited, unless the following conditions are met:

(i) A generator stores such waste in tanks, containers, or containment buildings on-site solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and the generator complies with all storage requirements of Part 372, Subparts 373-1, 373-2, and 373-3 of this Title.

(ii) An owner/operator of a hazardous waste treatment, storage, or disposal facility stores such wastes in tanks, containers, or containment buildings solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment or disposal and:

(a) each container or tank is clearly marked to identify its contents and the date each period of accumulation begins; and:

(b) an owner/operator must maintain in the operating record of the facility the contents and beginning accumulation date for each tank and container, and must comply with all operating record requirements of sections 373-2.5(c) and 373-3.5(c) of this Title.

(iii) A transporter stores manifested shipments of such wastes at a transfer facility for 10 days or less.

(2) An owner/operator of a treatment, storage or disposal facility may store restricted wastes for up to one year unless the department can demonstrate that such storage was not solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.

(3) An owner/operator of a treatment, storage or disposal facility may store restricted wastes beyond one year; however, the burden of proving that such storage was solely for the purpose of accumulation as stated in subparagraph (1)(ii) of this subdivision becomes the owner/operator's responsibility.

(4) If a generator's waste is exempted from a land disposal prohibition by an approved petition under section 376.1(f) of this Part, an approved case by case extension under section 376.1(e), or a national capacity variance under RCRA section 3004(h)(2) the prohibition in paragraph (1) of this subdivision does not apply during the period of such exemption, extension, or national capacity variance.

(5) The prohibition in paragraph (1) of this subdivision does not apply to hazardous wastes which meet the treatment standards specified in section 376.4(b), (c) and (d) of this Part or the treatment standards specified under the variance in section 376.4(e) or where treatment standards have not been specified, is in compliance with the applicable prohibitions specified in section 376.3(b) or RCRA section 3004.

(6) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm must be stored at a facility that meets the requirements of 40 CFR 761.65(b) of the Federal regulations, and Parts 370 thru 376 of this Title, and must be removed from storage and treated or disposed as required by this Part within one year of the date when such wastes are first placed into storage. The provision of paragraph (3) of this subdivision does not apply to such PCB wastes prohibited under section 376.3(b) of this Part.

(7) The prohibition and requirements in this subdivision do not apply to hazardous remediation wastes stored in a staging pile approved pursuant to section 373-2.19(c) of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 376.5

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