6 CRR-NY 373-1.1NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER B. SOLID WASTES
PART 373. HAZARDOUS WASTE MANAGEMENT FACILITIES
SUBPART 373-1. HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITY PERMITTING REQUIREMENTS
6 CRR-NY 373-1.1
6 CRR-NY 373-1.1
373-1.1 General.
(a) Purpose.
The purpose of this Part is to regulate hazardous waste management facilities located partially or wholly within the State.
(b) Applicability.
(1) This Part regulates the treatment, storage and disposal of hazardous waste. Permit requirements and construction and operation standards are set forth herein. The requirements of this Part are applicable to owners and operators of hazardous waste treatment, storage and disposal facilities.
(2) Other regulations in this Title relating to hazardous waste management are as follows:
Part 364 Waste Transporters.
Part 370 Hazardous Waste Management System: General.
Part 371 Identification and Listing of Hazardous Wastes.
Part 372 Hazardous Waste Manifest System and Related Standards for Generators, Transporters and Facilities.
Part 374 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities.
Part 376 Land Disposal Restrictions.
Part 377 Siting of Industrial Hazardous Waste Facilities.
Part 380 Prevention and Control of Environmental Pollution by Radioactive Materials.
(3) The following are regulations in this Title of general applicability which affect the processing of permits for hazardous waste management:
Part 617 State Environmental Quality Review Procedures.
Part 621 Uniform Procedures (Permit Processing Procedures).
Part 624 Permit Hearing Procedures.
(4) Universal waste handlers and transporters (as defined in section 370.2[b] of this Title) handling the wastes listed below are subject to regulation under Subpart 374-3 of this Title:
(i) batteries as described in section 374-3.1(b) of this Title;
(ii) pesticides as described in section 374-3.1(c) of this Title;
(iii) mercury-containing equipment as described in section 374-3.1(d) of this Title; and
(iv) lamps as described in section 374-3.1(e) of this Title.
(c) Safeguarding information.
Any requests for the release of information in the custody of the department related to this Part shall be handled according to the provisions of Part 616 of this Title, Access to Records of the DEC, and as discussed in section 370.1(b) of this Title.
(d) Exemptions.
The owners or operators of the following facilities or portions of facilities are exempt from this Part only as provided in this subdivision. Any hazardous waste management unit(s) exempt from permitting under this subdivision is not exempt from the requirements of section 373-2.6 of this Part if the facility is required to obtain a permit under this Part for some other unit(s) at the facility. Exempt facilities may be subject to permitting under Part 360 of this Title.
(1) Facilities and operations that conduct the activities listed below and manage hazardous waste are exempt from this Part only as provided in this paragraph.
(i) Facilities, other than household hazardous waste collection facilities, that manage only hazardous waste received from offsite generators that:
(a) generate less than a total of 100 kilograms of hazardous waste per calendar month and store onsite less than a total of 1,000 kilograms, provided the waste is not acute hazardous waste;
(b) generates in a calendar month any of the following acute hazardous wastes in quantities less than the quantities of hazardous waste specified below:
(1) a total of one kilogram of acute hazardous waste listed in section 371.4(b) and (d)(5) of this Title; or
(2) a total of 100 kilograms of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in section 371.4(b) and (d)(5) of this Title;
(ii) The disposal of waste pesticides by the farmer who generated them. These wastes must be handled in accordance with the requirements of section 372.1(e)(3) of this Title.
(iii) The storage in containers or tanks of hazardous waste that is generated onsite, for a period not exceeding 90 days, other than the storage of liquid hazardous wastes in the Counties of Kings, Nassau, Queens and Suffolk, or over the Schenectady/Niskayuna Aquifer System in Schenectady, Saratoga and Albany Counties and the Clinton Street - Ball Park Valley Aquifer System in Broome and Tioga Counties. Storage areas that are exempt must comply with the following requirements:
(a) For storage of liquid hazardous waste in containers, the total amount of hazardous waste stored in containers in exempt storage areas at one time is 8,800 gallons or less. Waste stored in areas exempted by subparagraphs (vi) and (xiv) of this paragraph and characteristic hazardous wastes stored prior to recycling is excluded from this volume. If the amount of liquid hazardous waste stored in containers in these areas exceeds 8,800 gallons, the entire volume of liquid hazardous waste must be stored within an area meeting the secondary containment requirements of section 373-2.9(f)(1) of this Part.
(b) For all references to Subpart 373-3 of this Part in this subparagraph which require retention of documentation in an operating record, the generator must maintain these records as required in Subpart 373-3 of this Part. These records must be furnished to the department upon request, postmarked within five business days of receipt of a written request. A generator must make such records available at all reasonable times for inspection by any officer, employee, or representative of the department who is duly designated by the commissioner.
(c) The following requirements are met:
(1) the waste is placed:
(i) in containers and the generator complies with sections 373-3.9, and 373-3.27 through 373-3.29 of this Part; and/or
(ii) in tanks and the generator complies with sections 373-3.10, and 373-3.27 through 373-3.29 except for section 373-3.10(h)(3) and (k) of this Part; and/or
(iii) in addition, such a generator is exempt from the requirements in sections 373-3.7 and 373-3.8 of this Part, except for section 373-3.7(b) and (e) of this Part;
(2) the date on which each period of accumulation begins is clearly marked and visible for inspection on each container;
(3) a label or sign stating "Hazardous Waste" must identify all areas, tanks and containers used to accumulate hazardous waste. In addition, tanks and containers must be marked with other words to identify their contents;
(4) each container is properly labeled and marked according to section 372.2(a)(5)-(6) of this Title;
(5) the generator complies with the requirements for personnel training in section 373-3.2(g) of this Part, for preparedness and prevention in section 373-3.3 of this Part, and contingency plans and emergency procedures in section 373-3.4 of this Part and with all applicable requirements under Part 376 of this Title; and
(6) [Reserved]
(d) [Reserved]
(e) A generator of 1,000 kilograms or greater of hazardous waste in a calendar month, or greater than one kilogram of acute hazardous waste listed in section 371.4(b) and (d)(5) of this Title, in a calendar month, or greater than 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in section 371.4(b) and (d)(5) of this Title, in a calendar month, who accumulates hazardous waste or acute hazardous waste for more than 90 days in the storage area is subject to the requirements of Subparts 373-2 and 373-3 of this Part and the permit requirements of section 373-1.4 of this Subpart unless the generator has been granted an extension to the 90-day period. Such extension may be granted by the department if hazardous wastes must remain onsite for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the department on a case-by-case basis.
(iv) The storage in containers or tanks of liquid hazardous waste that is generated onsite in the Counties of Kings, Nassau, Queens and Suffolk, or over the Schenectady/Niskayuna Aquifer System in Schenectady, Saratoga and Albany Counties and the Clinton Street - Ball Park Valley Aquifer System in Broome and Tioga Counties, for periods of 90 days or less. The requirements of this subparagraph do not apply to small-quantity generators, except as provided in clause (g). These storage areas must comply with the following requirements whenever any quantity of liquid hazardous waste is stored onsite in tanks, or whenever the total quantity of liquid hazardous waste stored onsite in tanks, or whenever the total quantity of liquid hazardous waste stored onsite in containers exceeds 185 gallons. (Waste stored in areas exempted by subparagraph [vi] or [xiv] of this paragraph and characteristic hazardous waste stored prior to recycling are excluded from this volume.) If less than 185 gallons of liquid hazardous waste are stored in containers onsite, the provisions of section 373-1.1(d)(1)(iii) must be met for that waste in lieu of the requirements of this subparagraph:
(a) the facility complies with the requirements of clause (iii)(c) of this paragraph; in addition, the closure plan requirements of section 373-3.7(a)-(f) of this Part must be met;
(b) the facility complies with the requirements of ECL article 17;
(c) the tank and container storage areas are within a secondary containment system:
(1) for container storage exceeding 185 gallons, the containment system must be designed and operated in accordance with section 373-2.9(f)(1) of this Part; and
(2) for tanks, the secondary containment system must be designed and constructed in accordance with the requirements of section 373-3.10(d) of this Part.
(3) by December 31, 1987, existing facilities in the Counties of Kings, Queens, Nassau and Suffolk must satisfy the secondary containment requirements in section 373-2.9(f) of this Part for containers, or section 373-3.10(d)(3)(iv) and (d)(5)(i)(a), (b) and (c) of this Part for tanks. All other secondary containment requirements in section 373-3.10(d) of this Part must be satisfied by the dates specified in section 373-3.10(d)(1).
(4) by December 31, 1988, existing facilities in the Schenectady/Niskayuna and Clinton Street - Ball Park Valley Aquifer Systems must satisfy the secondary containment requirements described in subclause (3) of this clause. All other secondary containment requirements must be satisfied by the dates specified in section 373-3.10(d)(1) of this Part.
(d) For a small quantity generator, the requirements of subclauses (c)(1) and (2) of this subparagraph must be met at the time more than 185 gallons of liquid hazardous wastes are accumulated or at the time any liquid hazardous wastes are accumulated in underground storage tanks. (Waste stored in areas exempted by subparagraph [vi] or [xiv] of this paragraph and characteristic hazardous wastes stored prior to recycling are excluded from these volumes.) The storage of hazardous waste must also comply with the requirements of section 372.2(a)(8)(iii) through (v) of this Title.
(1) By December 22, 1998, existing tank or container storage units, not subject to secondary containment requirements prior to the effective date of these regulations, must be in compliance with the requirements of this clause.
(2) Tank and container storage units, the construction of installation of which commences on or after the effective date of these regulations, must be in compliance with the requirements of this clause prior to use.
(e) A generator of 1,000 kilograms or greater of hazardous waste in a calendar month, or greater than 1 kilogram of acute hazardous waste listed in section 371.4(b) and (d)(5) of this Title, in a calendar month, or greater than 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in section 371.4(b) and (d)(5) of this Title, in a calendar month, who accumulates hazardous waste or acute hazardous waste for more than 90 days in the storage area is subject to the requirements of Subparts 373-2 and 373-3 of this Part and the permit requirements of section 373-1.4 of this Subpart unless the generator has been granted an extension to the 90-day period. Such extension may be granted by the department if hazardous wastes must remain onsite for longer than 90 days due to unforseen, temporary and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the department on a case-by-case basis.
(v) The onsite storage and treatment of hazardous waste by generators that generate less than 100 kilograms of hazardous waste in any calendar month and store less than 1000 kilograms. The conditionally exempt small quantity generator requirements listed in section 371.1(f) of this Title remain applicable. If at any time the amount of hazardous waste exceeds 1,000 kilograms, this exemption does not apply. This exemption applies to the onsite storage and treatment of acute hazardous wastes only if the generator generates and stores in any calendar month such acute hazardous waste in quantities less than those listed in clause (i)(b) of this paragraph.
(vi) The storage and recycling of the recyclable materials identified in section 371.1(g)(1)(iii) and (iv) of this Title.
(vii) The storage of the recyclable materials listed in section 371.1(g)(i)(ii) of this Title provided that Subpart 374-1 of this Title is complied with. (Note: Subpart 374-1 will require that the facility also complies with selected sections of this Part.)
(viii) The recycling of hazardous wastes, provided in section 373-2.2(c) (identification number), 373-2.5(b) or 373-3.5(b) (manifest requirements) of this Part and clause (d) of this subparagraph are complied with. (The storage of hazardous waste prior to recycling is not exempt under this subparagraph.) In addition:
(a) this exemption is available to:
(1) commercial facilities that reclaim precious metals, as defined in section 374-1.6 of this Title; and
(2) mobile or transportable commercial facilities which operate on the generator's site, if a containment area, which meets the requirements of section 373-2.9(f) of this Part, is provided for the reclaiming facility and any associated, temporary container holding or storage area;
(b) Boilers and industrial furnaces that burn hazardous wastes for energy recovery are exempt from this Part only as provided in sections 374-1.8(a) and (i) of this Title. This exemption is not available to any other units that burn hazardous wastes for energy recovery;
(c) exempted processes that recycle the hazardous wastes listed in section 371.1(g)(1)(ii) of this Title must comply with Part 374 of this Title in lieu of the requirements specified in this subparagraph. (Note: Part 374 will require that the facility also complies with selected sections of this Part); and
(d) owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous waste are subject to the requirements of sections 373-2.27, 373-2.28, 373-3.27 and 373-3.28 of this Part.
(ix) The on-site treatment of hazardous waste, by the generator, in the same tanks or containers that are used for accumulation and storage of such wastes. Exempt units must comply with the requirements of subparagraphs (iii) and (iv) of this paragraph and with the requirements of section 372.2(c)(4) of this Title. Any treatment or placement of hazardous waste in a manner that constitutes land disposal, as defined in section 370.2(b) of this Title, does not qualify for this exemption.
(x) Mobile PCB treatment units other than thermal treatment and incineration units, treating liquid PCB's and PCB contaminated dielectric oils both from electrical equipment, provided that the following conditions are met:
(a) the unit has an appropriate authorization under the Toxic Substances Control Act (TSCA) from the United States Environmental Protection Agency for the PCB wastes being treated by the unit;
(b) prior to commencing work at a site and at all times while handling the waste, the treatment unit is provided with physical barriers to limit access by unauthorized persons and with posted signs reading "Danger PCB work" and "Authorized Personnel Only;"
(c) an impervious secondary containment system such as a synthetic liner is spread over the area on which the treatment unit is located. In addition, this containment system must be designed to contain and collect spills from the unit and its associated pipes and fittings without migrating into the surrounding area. After the treatment of PCB waste is complete, this liner must be decontaminated and/or disposed of as hazardous waste;
(d)
(1) all containers of PCB treatment wastes generated in the treatment of PCB oil are stored on impervious surfaces with a containment system of sufficient capacity to contain 20 percent of the volume of containers stored;
(2) on-site storage of all wastes resulting from the mobile treatment unit shall be limited to forty 55-gallon drums at any one time. These drums must, at all times, be stored within a secure area provided with a fence to limit access of unauthorized personnel;
(3) all of these drums are removed from the site within 30 days of the end of the treatment;
(e) the unit's owner has available at all times in the mobile unit a written contingency plan meeting the requirements of section 373-3.4 of this Part;
(f) 30 days before beginning the PCB oil treatment at a site, the unit's owner must notify the local emergency response agencies and the New York Department of Environmental Conservation Regional Offices (ATTN: Regional Engineer) of the intended PCB treatment at the site with the information on the site, expected duration of treatment, quantity and concentration of the PCB oil to be treated;
(g) the unit's owner complies with the manifest system, recordkeeping and reporting requirements (including reporting of spills) of section 373-3.5 of this Part;
(h) this exemption is not applicable to mobile units located at any one site for more than 30 consecutive days.
(xi) Totally enclosed treatment facilities, as defined in Part 370 of this Title.
(xii) Elementary neutralization units or wastewater treatment units, as defined in Part 370 of this Title, other than units that are part of commercial hazardous waste management facilities as defined in Part 370 of this Title. Elementary neutralization units and wastewater treatment units located at commercial hazardous waste management facilities that are only used to neutralize or treat hazardous waste resulting from the recycling of hazardous wastes or from the reclamation of precious metals from hazardous wastes are also exempt. Elementary neutralization units and wastewater treatment units that are used to commercially neutralize or treat hazardous wastes, generated only at geographically contiguous sites, and transported via dedicated pipeline are also exempt.
(a) Except as provided in clauses (b) and (c) of this subparagraph, exempt units must comply with the following:
(1) the requirements for personnel training in section 373-3.2(g) of this Part, for preparedness and prevention in section 373-3.3 of this Part, and for contingency plans and emergency procedures in section 373-3.4 of this Part;
(2) elementary neutralization units that qualify as containers must be managed in accordance with section 373-3.9 Use and Management of Containers of this Part;
(3) all containers and tanks used to treat hazardous waste must be marked with the words "Hazardous Waste" and other words that identify the contents. For underground tanks, the marking must be placed on a sign in the area above the tank and on the fill port; and
(4) if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 high TOC subcategory defined in section 376.4(a) of this Title, Table Treatment Standards for Hazardous Wastes) or reactive (D003) waste to remove the characteristic before land disposal, the owner/operator must comply with the requirements set out in sections 373-2.2(i)(2) and 373-3.2(h)(2) of this Part.
(b) Small quantity generators, as defined in section 370.2(b) of this Title, must meet the requirements of section 372.2(a)(8)(iii)(e) of this Title for these units, and subclauses (a)(2), (3), and (4) of this subparagraph.
(c) Conditionally exempt small quantity generators, as defined in section 371.1(f) of this Title, must meet the requirements of subparagraph (v) of this paragraph, provided the waste is managed immediately upon generation in the unit.
(xiii)
(a) Treatment or containment activities during immediate response to any of the following situations:
(1) a discharge of a hazardous waste;
(2) an imminent and substantial threat of a discharge of hazardous waste;
(3) a discharge of a material which, when discharged, becomes a hazardous waste; or
(4) an immediate threat to human health, public safety, property, or the environment from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in section 370.2(b) of this Title.
(b) An owner or operator of a facility otherwise regulated by this Subpart must comply with all applicable requirements of sections 373-2.3, 373-2.4, 373-3.3 and 373-3.4 of this Part.
(c) Any person who is covered by clause (a) of this subparagraph, and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over, is subject to all applicable requirements of this Part for those activities.
(d) In the case of emergency responses involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.
(xiv) Accumulation areas are exempt, provided that they are used to accumulate waste in accordance with the requirements of section 372.2(a)(8)(i) of this Title.
(xv) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of section 372.2(a)(4) of this Title at a transfer facility for a period of 10 calendar days or less is exempt.
(xvi) [Reserved]
(xvii) The addition of absorbent material to waste in a container or the addition of waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and sections 373-2.2(i)(2) and 373-2.9(b)-(c) are complied with.
(xviii) Household hazardous waste collection facilities which accept hazardous waste from conditionally exempt small quantity generators or farmers who meet the requirements of section 372.1(e)(3)(iv) of this Title, provided that the program sponsor or owner/operator complies with the requirements of Subpart 362-4 of this Part.
(xix) The placement on drip pads of hazardous waste that is generated onsite, for a period not exceeding 90 days, provided the generator complies with section 373-3.23 of this Part and maintains the following records at the facility:
(a) a description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and
(b) documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.
In addition, such a generator is exempt from the requirements in sections 373-3.7 and 373-3.8 of this Part, except for section 373-3.7(b) and (e) of this Part. Such a generator must also comply with the requirements for owners and operators in sections 373-3.3, 373-3.4, and 373-3.2(g) of this Part and with section 376.1(g)(1)(iv) of this Title.
(xx) The placement in containment buildings of hazardous waste that is generated onsite, for a period not exceeding 90 days, provided the generator complies with section 373-3.30 of this Part, and has placed its professional engineer certification that the building complies with the design standards specified in section 373-3.30(b) in the facility's operating record no later than 60 days after the date of initial operation of the unit. After February 18, 1993, PE certification will be required prior to operation of the unit. The owner or operator shall maintain the following records at the facility:
(a) a written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the 90 day limit, and documentation that the procedures are complied with; or
(b) documentation that the unit is emptied at least once every 90 days.
In addition, such a generator is exempt from the requirements in sections 373-3.7 and 373-3.8 of this Part, except for section 373-3.7(b) and (e) of this Part. Such a generator must also comply with the requirements for owners and operators in sections 373-3.3, 373-3.4, and 373-3.2(g) of this Part and with section 376.1(g)(1)(iv) of this Title.
(2) The following facilities are exempt from this Part under the given conditions listed:
(i) A barge or other vessel which accepts hazardous waste for ocean disposal is exempt, if the owner or operator:
(a) has a permit for ocean dumping issued pursuant to 40 CFR part 220 (Ocean Dumping, authorized by the Marine Protection, Research and Sanctuaries Act, 33 USCA 1420, et seq.) (see section 370.1[e] of this Title); and
(b) complies with the hazardous waste regulations in the following sections of this Title:
(1) 373-2.2(c), identification number;
(2) 373-2.5(b) or 373-3.5(b) (manifest requirements);
(3) 373-2.5(c)(1) and (2)(i), operating record;
(4) 373-2.5(e), annual report; and
(5) 373-2.5(f), unmanifested waste report.
Note:
Part 373 regulations do apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea.
(ii) Facilities which dispose of hazardous waste by injection well, if the owner or operator:
(a) has a permit for underground injection issued under 40 CFR part 144, subpart C, or part 145, subpart C (see section 370.1[e] of this Title);
(b) complies with the conditions of that permit and the requirements of 40 CFR 144.14 (requirements for wells managing hazardous wastes) (see section 370.1[e] of this Title);
(c) has a SPDES permit issued under Part 750 of this Title and complies with the conditions of that permit and the requirements of Part 750 of this Title, State Pollutant Discharge Elimination System; and
(d) for UIC permits issued after November 8, 1984:
(1) complies with section 373-2.6(1) of this Part; and
(2) where the UIC well is the only unit at a facility which requires a RCRA permit, complies with section 373-1.5(a)(4) of this Subpart.
Note:
Part 373 regulations apply to the treatment or storage of hazardous waste before it is injected underground.
(iii) A POTW which accepts hazardous waste for treatment if the owner or operator:
(a) has a State Pollutant Discharge Elimination System (SPDES) permit issued for a discharge to surface waters only;
Note:
Discharges from a POTW which have a SPDES permit and discharge to ground water are not exempt.
(b) complies with the hazardous waste regulations in the following sections of this Title:
(1) 373-2.2(c), identification number;
(2) 373-2.5(b) or 373-3.5(b) (manifest requirements);
(3) 373-2.5(c)(1) and (2)(i), operating record;
(4) 373-2.5(e), annual report;
(5) 373-2.5(f), unmanifested waste report;
(6) 373-2.6(1), corrective action for solid waste management units, for SPDES permits issued after November 8, 1984; and
(c) meets all Federal, State and local pretreatment requirements which would be applicable to the waste if it were being discharged into the POTW through a sewer, pipe or similar conveyance.
(e) Variances.
The department may, upon written application from any person who is subject to this Part, grant a variance from one or more specific provisions of this Part under the following conditions:
(1) Any application for a variance must:
(i) identify the specific provisions of this Part from which a variance is sought;
(ii) demonstrate that compliance with the identified provisions would, on the basis of conditions unique and peculiar to the applicant's particular situation, tend to impose a substantial financial, technological or safety burden on the applicant or the public; and
(iii) demonstrate that the proposed activity will have no significant adverse impact on the public health, safety or welfare, the environment or natural resources.
(2) The commissioner will not grant any variance which would result in regulatory controls less stringent than those in the RCRA-delegated program.
(3) In granting any variance, the commissioner may impose specific conditions necessary to assure that the subject activity will have no significant adverse impact on the public health, safety or welfare, the environment or natural resources.
(f) Uniform procedures.
The procedures applicable to the submittal and processing of applications for permits, permit renewals and permit modification, and the procedures applicable to the suspension and revocation of permits, pursuant to this Part, are set forth in this Subpart and in Part 621 of this Title.
(g) Enforcement.
Without limitation to any other civil or criminal sanctions that may be applicable, a person who violates any of the provisions of this Part or of any permit issued hereto, or any order issued by the commissioner, will be liable for civil, administrative and criminal penalties given in article 71, title 27 of the ECL. Such a person shall also be subject to any penalties, sanctions or orders resulting from any other applicable provision of article 71 of the ECL. The commissioner or his/her representative is authorized to enter and inspect any property or premises for the purpose of ascertaining compliance or noncompliance with this Part.
(h) Severability.
If any provision of this Part or its application to any person or circumstance is held invalid, the remainder of this Part, and the application of those provisions to persons or circumstances other than those to which it i s held invalid, will not be affected.
(i) Terms used in this Part are defined in Part 370 of this title.
6 CRR-NY 373-1.1
Current through May 15, 2021
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