6 CRR-NY 360.4NY-CRR
6 CRR-NY 360.4
6 CRR-NY 360.4
360.4 Transition.
Except as otherwise provided in this Part or in Parts 361, 362, 363, 364, 365, 369 or Subpart 374-2 of this Title, the following constitute the transition rules for persons subject to this Part.
(a) Except as provided in subdivisions (b) through (s) of this section, a person must comply with the requirements set forth in this Part and in Parts 361, 362, 363, 364, 365, 369 and Subpart 374-2 of this Title as they pertain to the type of facility, transporter, collection event, or activity at issue within 180 days after the effective date of this Part. Until that time, the facility, transporter, collection event, or activity must continue to comply with all applicable requirements set forth in the version of Part 360 or Part 364 in effect immediately before the effective date of this Part.
(b) Exempt, registered, permitted facilities, transporters, and collection events with new design and/or operational conditions imposed as of the effective date of this Part.
(1) Exempt facility, transporter, or collection event which continues to be an exempt facility, transporter or collection event. Within 180 calendar days of the effective date of this Part, facilities, transporters, or collection events exempt from permitting requirements prior to the effective date of this Part must comply with the requirements set forth in Parts 360 through 365 of this Title as they pertain to the exemption.
(2) Registered facility which continues to be a registered facility. Existing registered facilities which continue to be registered facilities pursuant to this Part and Parts 361, 362, 363 and 365 of this Title must apply for a new registration in accordance with section 360.15 within 180 days of the effective date of this Part, except those subject to Subpart 361-5 of this Title which are allowed 545 days. Until the department makes a determination concerning the new registration, the facility must comply with the conditions of the registration in effect prior to the effective date of this Part.
(3) Permitted facility or transporter which continues to be a permitted facility or transporter. For existing permitted facilities or transporters, the permit in effect immediately before the effective date of this Part continues until the expiration date of the permit, and the facility or transporter must comply with the conditions of the permit and the solid waste management facility regulations in effect on the day when such permit was issued for the duration of that permit, unless a modification under Part 621 of this Title is approved, or as otherwise specified in this section. At the time of permit renewal, the facility or transporter must comply with the criteria as of the effective date of this Part and Parts 361, 362, 363, 364, 365, and Subpart 374-2 of this Title that pertain to the type of facility or transporter unless otherwise excluded under this section. Nothing in this paragraph can be construed to limit or prohibit department-initiated modification of such permit under the provisions of Part 621 of this Title.
(4) Except for landfills, retrofitting of existing facilities that were exempt, registered or permitted prior to the effective date of this Part is not required in order to comply with the design and construction requirements of this Part and Parts 361, 362, and 365 of this Title. New structural components built after the effective date of this Part must comply with the applicable requirement of this Part and Parts 361, 362, and 365 of this Title.
(c) Exempt facility, transporter, or collection event, now requiring a registration.
A facility, transporter, or collection event exempt prior to the effective date of this Part, that is now subject to the registration provisions of this Part and Parts 361, 362, 363, 364 and 365 of this Title, must comply with the registration notification requirement of section 360.15 within 180 calendar days after the effective date of this Part. The facility must remain in compliance with the requirements of the exemption in effect prior to the effective date of this Part until the new registration is validated by the department. Once validation of the registration is received, the facility, transporter, or collection event must comply with the conditions of the registration in effect on the effective date of this Part.
(d) Exempt facility, transporter or collection event now requiring a permit.
Any facility, transporter, or collection event exempt prior to the effective date of this Part which requires a permit as of the effective date of this Part must have a complete application on file with the department for the facility or collection event within 365 days of the effective date of this Part.
(e) Registered facility now an exempt facility.
Any facility required to be registered prior to the effective date of this Part that is an exempt facility on the effective date of this Part and Parts 361, 362, 363, and 365 of this Title is not required to continue registration and any registration issued by the department prior to the effective date of Parts 360, 361, 362, 363 to 365 of this Title will no longer be in effect.
(f) Registered facility now a facility requiring a permit.
Any facility that was required to be registered prior to the effective date of this Part which is subject to permitting requirements as of the effective date of this Part and Parts 361, 362, 363, and 365 of this Title, must have a complete application on file with the department within 365 days of the effective date of this Part, except those subject to Subpart 361-5 of this Title which are allowed 545 days. The facility must remain in compliance with the conditions of the registration issued prior to the effective date of this Part until a permit is issued by the department.
(g) Permitted facility or transporter now a registered facility or transporter.
A facility or transporter permitted prior to the effective date of this Part that is eligible for registration as of the effective date of this Part and Parts 361, 362, 363, 364, 365, and Subpart 374-2 of this Title must remain in compliance with the terms and conditions of the permit until a registration is obtained and the permit is surrendered.
(h) Permitted facility or transporter now an exempt facility or transporter.
A facility or transporter permitted prior to the effective date of this Part that is exempt from regulation as of the effective date of this Part and Parts 361, 362, 363, 364 and 365 of this Title must remain in compliance with the permit until the permit expires or is surrendered.
(i) Existing facilities or transporters subject to an order.
Any order in effect prior to the effective date of this Part and Parts 361, 362, 363, 364, 365, and Subpart 374-2 of this Title pertaining to a solid waste management facility or transporter is hereby continued until the order expires.
(j) Permitted or registered facilities required to obtain financial assurance.
(1) A permitted or registered facility that does not have a valid financial assurance mechanism in place on the day before the effective date of this Part, but which is required to obtain financial assurance after the effective date of this Part, must comply with the financial assurance provisions of section 360.22 of this Part within three years of the effective date of this Part.
(2) A registered facility that has a valid financial assurance mechanism in place prior to the effective date of this Part and is required to obtain additional financial assurance on the effective date of this Part, must comply with the financial assurance provisions of section 360.22 of this Part within five years of the effective date of this Part.
(3) A permitted facility that has a valid financial assurance mechanism in place prior to the effective date of this Part and is required to obtain additional financial assurance on the effective date of this Part, must comply with the financial assurance provisions of section 360.22 of this Part at the time of permit renewal.
(k) Complete applications pending on the effective date of this Part.
On the effective date of this Part, any pending application for a facility which was deemed complete prior to the effective date of this Part will be reviewed for conformance with the Part 360 regulations in effect at the time of application. However, if a permit is issued following the effective date of this Part, the permittee must comply with the operational, closure, and post-closure requirements set forth in this Part and any other applicable Parts of this Title.
(l) Applications that were not complete on the effective date of this Part.
Applications on file with the department not deemed complete on the effective date of this Part are subject to this Part and Parts 361, 362, 363, 364, 365, 366, and Subpart 374-2 of this Title.
(m) Expansion.
An expansion of any facility existing on the effective date of this Part is subject to all applicable requirements of this Part and of Parts 361, 362, 363, 365, 366, and Subpart 374-2 of this Title.
(n) Closed facilities.
Facilities that closed in compliance with the Part 360 regulations in effect on the date of closure remain subject to all the requirements in effect on the date of closure. For landfills, the additional requirements outlined in section 363-3.1 of this Title apply.
(o) In addition to the other criteria in this section, the following apply to landfills.
(1) Subsequent landfill development, such as the construction of additional lined landfill areas, or vertical height or waste loading increases for areas included in the permit but for which engineering reports, plans, and drawings have not been approved by the department, must comply with the construction requirements of this Part and Part 363 of this Title.
(2) Retrofitting of existing landfill liners, buried pipes, leachate storage tanks and similar existing structural components is not required.
(3) Landfills which ceased accepting waste between October 9, 1993 and the effective date of this Part and Part 363 must comply with the Part 360 regulations in effect on the date of their closure, with the exception that the registration requirement may be replaced by a one-time notification to the department on a form prescribed by the department.
(4) Any pending application for a landfill which was deemed complete prior to the effective date of this Part will be reviewed for conformance with the Part 360 regulations in effect at the time of application. However, if a permit is issued following the effective date of this Part, the permittee must comply with the operational, closure, and post-closure requirements set forth in this Part and Part 363 of this Title.
(5) Existing landfills which have prior department approval of the existing water quality database described in section 363-7.4(c)(1) of this Title may continue to utilize those established statistical trigger values for compliance purposes.
(p) Beneficial use.
Pre-determined beneficial use determinations in effect prior to the effective date of this Part that are no longer included in section 360.12 of this Part will no longer be in effect 180 days after the effective date of this Part but may be eligible for a case-specific beneficial use determination. All beneficial use determinations in effect prior to the effective date of this Part are subject to the reporting requirements of this Part on the effective date of this Part. In addition, all beneficial use determinations in effect prior to the effective date of this Part that do not contain a condition with a specific expiration date will expire 180 days after the effective date of this Part unless a request for renewal is submitted to the department within 180 days of the effective date of this Part. In those instances, the beneficial use determination will remain in effect until the department notifies the applicant of renewal approval or denial.
(q) Local solid waste management plans.
A local solid waste management plan (LSWMP) approved prior to the effective date of this Part remains in effect for the planning period established in the approved LSWMP, however, the reporting requirements of Subpart 366-5 of this Title replace reporting requirements that existed prior to the effective date of this Part. In addition, the requirements of section 366-4.2 of this Title will take effect upon the effective date of this Part. For draft LSWMPs submitted to the department but not approved prior to the effective date of this Part, the department will perform a completeness review in accordance with section 366-4.1(a) of this Title within 365 days after the effective date of this Part.
(r) State assistance grants for municipal waste reduction and recycling projects.
On the effective date of this Part, the municipal waste reduction and recycling project waiting list that existed on the day before the effective date of this Part will expire. For projects on the prior waiting list the following will apply:
(1) applicants for capital projects on the waiting list that existed prior to the effective date of this Part that meet the eligibility requirements for funding under Subpart 369-2 of this Title will have 60 days from the effective date of this Part to submit an application in accordance with section 369-2.1(a) of this Title. Should the applicant submit an application within 60 days from the effective date of this Part in accordance with section 369-2.1(a) of this Title, their original pre-application date will remain as the submittal date for purposes of section 369-2.1(c) of this Title. Failure to submit an application pursuant to section 369-2.1(a) of this Title within 60 days will result in the project being eliminated from consideration under this transition provision. Applications will be evaluated in accordance with the criteria of Subpart 369-2 of this Title;
(2) applicants with education, promotion, planning and coordination projects which were on the waiting list that existed prior to the effective date of this Part that satisfy the eligibility criteria of Subpart 369-3 of this Title that seek reimbursement for costs that have already been incurred will have 60 days to submit an application in accordance with the regulations that existed prior to the effective date of this Part. Acceptable projects will be funded in the order of their original pre-application date;
(3) applicants with education, promotion, planning and coordination projects which were on the waiting list that existed on the day before the effective date of this Part that seek reimbursement for costs that will occur after the effective date of this Part will be required to submit an application in accordance with subdivision 369-3.1(b) of this Title.
(s) State assistance grants for landfill closure/landfill gas projects.
Projects on waiting lists that existed on the day before the eligible date of the Part will remain on waiting lists as described in section 369-6.1(b)(2) or 369-7.1(b)(2) of this Title depending on the type of project; however, no project will remain on the waiting list if it does not satisfy the eligibility requirements of Subparts 369-6 or 369-7 of this Title.
6 CRR-NY 360.4
Current through March 15, 2022
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