N.Y. Comp. Codes R. & Regs. Tit. 6 § 360.14 - Exempt facilities and activities
(a)
While this Part or Parts 361 through 365 may exempt solid waste management
activities from regulation by the department, other activities, unrelated to
solid waste management, occurring at the facility identified as an exempt
facility may be subject to other regulations promulgated by the
department.
(b) General exemptions.
In addition to exemptions provided in Parts 361 to 365 of this Title, the
following facilities or activities are exempt from this Part:
(1) transfer, storage, treatment, processing,
or combustion activities at the site of waste generation or at a location under
the same ownership or control as the site of waste generation. For the purposes
of this Part, all locations under the ownership or control of municipal
agencies and departments are considered under the ownership or control of the
parent municipality. This exemption does not apply to the following facilities
or activities:
(i) A facility subject to
regulation under Part 365 of this Title.
(ii) a composting facility for animal
carcasses and parts;
(iii) a
composting or other facility subject to Subpart 361-3 of this Title for
municipal solid waste, sanitary waste such as biosolids and septage, or
industrial waste except for food processing waste;
(iv) A mobile vehicle crusher.
(v) A person who deconstructs manufactured
homes.
(vi) Storage of
petroleum-contaminated soils for more than 60 days, unless a longer time period
is approved by the department.
(vii) a surface impoundment for handling of
coal ash or coal combustion residuals; or
(viii) a facility storing waste tires,
including a waste tire generator storing waste tires.
(2) A transfer, storage, treatment, or
combustion facility located at a sewage treatment plant and used in conjunction
with the treatment of sewage, including acceptance of food scraps or other
organics waste for addition to a digester or other device that also treats
biosolids. This exemption does not include a composting or other facility
subject to Subpart 361-2 or 361-3 of this Title.
(3) The storage of nonputrescible waste on a
vehicle for ten days or less, provided:
(i)
the property where the storage occurs is owned or leased by a
transporter;
(ii) if trailers,
containers and roll-offs are used, they must remain on or attached to the
vehicles that transported them unless the activity is otherwise allowed by
either United States Department of Transportation or section
372.3(a)(6) of
this Title and meets the requirements of section
372.3(a)(7)(iii)
of this Title;
(iii) no container,
roll-off, trailer, or transport vehicle can be opened or uncovered for any
purpose including transfer or treatment, unless the activity is otherwise
allowed by either United States Department of Transportation or section
372.3(a)(6) of
this Title and meets the requirements of section
372.3(a)(7) of
this Title; and
(iv) if handling
hazardous waste from conditionally exempt small quantity generators, the
facility complies with the standards for hazardous waste discharges from
transporters specified in subdivision
372.3(d) of this
Title.
(4) The storage of
putrescible waste on a vehicle overnight or over a weekend, provided:
(i) if containers, trailers, and roll-offs
are used, they must remain on or attached to the vehicles that transported
them;
(ii) no container, trailer,
roll-off or transport vehicle can be opened or uncovered for any purpose,
including transfer or treatment, unless otherwise allowed by United States
Department of Transportation; and
(iii) storage is conducted in manner that
does not cause odor.
(5)
The storage of waste on a vehicle during routine transportation operations such
as stops for meals, rest periods and fuel.
(6) A facility that treats wastewater that is
subject to regulation under Part 750 of this Title.
(7) A rendering facility for animal or
food-derived fats, oil, grease, and animal parts.
(8) Collection of pharmaceutical waste
generated by a household or ultimate user, including controlled substances, by
the following entities, provided there is compliance under the requirements of
21 CFR Parts 1300, 1301, 1304, 1305, 1307, and 1317, as incorporated by
reference in section
360.3 of this Title, and provided
that if disposal occurs in New York State, the collected pharmaceutical waste
is destroyed in a municipal waste combustion facility or by another method
approved by the department:
(i)
Manufacturers, distributors, reverse distributors, narcotic treatment programs,
hospitals/clinics with an on-site pharmacy, and retail pharmacies that collect
pharmaceutical waste from ultimate users, including controlled substances, by
voluntarily administering mail back programs and maintaining collection
receptacles provided they have received authorization from the United States
Department of Justice Drug Enforcement Administration as an authorized
collector.
(ii) Federal, State,
tribal or local law enforcement agencies who conduct take-back events or
maintain a collection receptacle for household pharmaceuticals at their own law
enforcement location.
(iii)
Federal, State, tribal, or local law enforcement agencies who partner with any
person or community group to conduct take-back events at a location other than
their own law enforcement location.
(9) Storage alone or with transfer of less
than 1,000 waste tires at any one time.
(10) Transfer of solid waste from vehicle to
vehicle for the purpose of consolidating loads as part of the initial
collection process, provided the transfer occurs along the collection route
where the point of transfer changes from day to day and litter and spillage are
prevented.
Notes
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No prior version found.