6 CRR-NY 361-5.4NY-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 361. MATERIAL RECOVERY FACILITIES
SUBPART 361-5. CONSTRUCTION AND DEMOLITION DEBRIS HANDLING AND RECOVERY FACILITIES
6 CRR-NY 361-5.4
6 CRR-NY 361-5.4
361-5.4 Design and operating requirements.
A C&D debris handling and recovery facility required to obtain a registration or permit must, in addition to the requirements identified in Part 360 of this Title, design, construct, maintain, and operate the facility in compliance with the following:
(a) All receiving, processing, and sorting activities must be conducted in an enclosed building unless otherwise specified in this Subpart or in the transition provisions of section 360.4(b)(4) of this Title. An enclosed building is not required for concrete and other masonry material (including steel or fiberglass reinforcing embedded in concrete), asphalt pavement or asphalt millings, brick, rock, fill material, roofing shingles or unadulterated wood.
(b) All waste and recovered material delivered to and leaving the facility must be weighed or otherwise measured and recorded in cubic yards and tons.
(c) Friable asbestos-containing waste must not be accepted at the facility. Non-friable asbestos-containing waste, if received at the facility, must not be handled or processed in any way that would cause the material to become crumbled, pulverized, or reduced to powder.
(d) The facility must not accept C&D debris, fill material, or similar material from a site being remediated pursuant to a program administered by the department or EPA unless accompanied by written approval from the department or EPA.
(e) For permitted facilities and facilities authorized under section 361-5.2(a)(6) and (7) of this Subpart, any fill material or residue leaving the facility for reuse must be analyzed in accordance with the sampling and analysis requirements in section 360.13(e) of this Title, except a minimum of one analysis is required for every 1000 cubic yards of fill material, and must follow the criteria outlined in section 360.13(f) of this Title.
(f) Storage requirements.
(1) Storage of processed and unprocessed C&D debris is limited as follows:
(i) Unprocessed asphalt pavement, asphalt millings, concrete and other masonry materials (including steel or fiberglass reinforcing embedded in concrete), brick, fill material, rock, or wood can be stored uncovered, but in all cases storage is limited to 365 calendar days unless the following criteria are satisfied to justify a longer storage period.
(a) There is a demonstrated need to store for a longer period, such as a market agreement with terms of receipt based on greater than 365-day intervals or volumes that may take longer than 365 days to acquire.
(b) The facility has sufficient storage area to prevent a negative impact to public health or the environment.
(c) The facility implements an inventory control system, including daily logs, to ensure that the processed recyclables do not remain at the facility for longer than the period approved.
(d) Prior to storing unprocessed and processed recycleable for longer than 365 calendar days, the facility must notify the department of its intent and include justification based on the requirements of this subdivision.
(ii) Storage of any other unprocessed C&D debris must be in an enclosed or covered storage area for a period not to exceed 30 calendar days unless written approval from the department is obtained.
(iii) Storage of material at the site must not exceed the declared volume identified in the application or registration documents.
(iv) Source-separated or processed and separated material that meets a beneficial use determination as specified in section 360.12 or 360.13 of this Title can be stored without time restriction so long as the storage volume conforms with the declared storage volume identified in the application or registration documents.
(2) Processed and unprocessed C&D debris must not be stored in excavations or below normal grade level of the facility.
(3) With the exception of concrete, asphalt pavement or cuttings, brick, or rock, a minimum separation distance of 10 feet must be maintained between adjacent storage piles unless the piles are stored in bins or other structures which separate piles. Storage piles must not extend over property boundaries.
(4) Storage area floors must be constructed of concrete or asphalt paving material and must be equipped with adequate drainage and retention structures. However, concrete or asphalt storage area floors are not required for the separate storage of processed or unprocessed uncontaminated concrete, other masonry waste, asphalt pavement, asphalt millings, unadulterated wood, brick, fill material or rock.
(g) A permitted facility must maintain financial assurance in an amount sufficient to cover the cost of closure of the facility as specified by sections 360.21 and 360.22 of this Title.
6 CRR-NY 361-5.4
Current through March 15, 2021
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