Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER B. SOLID WASTES
PART 360. SOLID WASTE MANAGEMENT FACILITIES
SUBPART 360-17. REGULATED MEDICAL WASTE TREATMENT FACI
Date:
08/31/2009
Document:
ยง 360-17.3 Application requirements for a permit to construct and operate
In addition to the applicable provisions of Subpart 360-1 of this Part, except for the requirements of sections 360-1.9(f) and 360-1.11(h) of this Part, an application for an initial permit to construct and operate a RMW treatment facility (which, for the purposes of this Subpart, includes start-up and validation testing) must contain draft facility plans. These facility plans include: an operation plan; a maintenance and monitoring plan; a personnel staffing and training plan; a waste control plan; a contingency plan; a closure plan; and a security plan. The contents of these facility plans are described in subdivisions (g)-(m) of this section. Final facility plans must be submitted to the department for review and written approval prior to commercial operation. Subdivisions (a)-(m) of this section must be included in an application for an initial permit to construct and operate. An application for a renewal of the initial permit to construct and operate or permit to operate must contain revised facility plans as described in subdivisions (g)-(m) of this section.
(a) Engineering report. The engineering report must include the following:
(1) a general description of the overall process and functional description of all equipment to be used, with design criteria, and anticipated performance and process flow diagrams;
(2) a description of the proposed service area, including generic sources and quantities of RMW anticipated;
(3) identification of sufficient support equipment to maintain operation of all treatment and destruction equipment functions;
(4) a description of the facility operation which includes:
(i) a sequential description of the major components used for the treatment of the RMW, including storage, weighing, processing, treatment and destruction;
(ii) a description of operations for initial facility start-up, daily start-up, and scheduled and unscheduled shutdowns;
(iii) a description of the appropriate operating parameters for the proposed facility, such as residence time, temperature, pressure, irradiation levels and chlorine concentrations;
(iv) a description of the methods and equipment to disinfect reusable containers, if provided;
(v) a description of facility usage, including days and hours of operation, and number of treatment units; and
(vi) in addition to the requirements of section 360-1.14(k)-(m) of this Part, a description of the proposed methods to control the emission of odors, volatile organic compounds, or other contaminants generated by the facility operations (e.g., negative building air pressure, fans and vents, internal air recirculation, air pollution control equipment and filtration), as necessary to comply with section 360-17.4(f) of this Subpart, including all supporting design and engineering data;
(5) a description of the RMW proposed to be treated, processed, or destroyed for the initial year, and yearly projections for a minimum of 10 years or the life of the facility, whichever is less, in terms of:
(i) Quantity. Submit a table or graph showing the projected quantities delivered per month during the first year of operation and the background data and assumptions used to produce this table or graph. Describe all RMW materials, anticipated variations in quantity received and projections for future quantities of RMW to be treated, processed, stored or destroyed; and
(ii) RMW characteristics. Estimates, along with assumptions and supporting data, of the RMW characteristics such as: density (peak and low), composition, moisture content, rate of steam penetration of the RMW, and RMW packaging and containers to be treated;
(6) a summary of the utility requirements, including:
(i) an estimate of the type, quantity, and on-site storage of fuels needed for the facility;
(ii) estimates of steam generated and utilized on-site in terms of pressure, temperature, and pounds per hour;
(iii) estimates of water used for cooling, sanitary and process water, including that which is, or may be, recycled or treated; and
(iv) characterization and estimates of domestic sewage, process water, storm-water runoff and drainage, and a description of disposal, including point of discharge;
(7) a list and description of all authorizations, permits, and approvals that may be required for this facility, including those from the department, other state agencies, federal agencies, local governments, sewer districts, the Adirondack Park Agency, and agricultural districts;
(8) a description of the provisions necessary to enable emergency shutdown of the facility;
(9) a complete description of the RMW handling and storage methods, in accordance with Part 364 of this Title, which are used during facility operation. Also, this description shall include the proposed methods to handle bypass RMW, untreatable waste, and unauthorized waste for the technology chosen; and
(10) a brief description of provisions for transportation of RMW to and from the facility, and for any subsequent processing, storage, treatment, destruction, and ultimate disposal.
(b) Engineering plans and specifications. In addition to the requirements of section 360-1.9(e) of this Part, the following is required:
(1) Engineering plans that contain information on known site conditions and projected site use. The engineering plans must show general dimensions of the proposed structures and be sufficiently detailed to identify the overall process, as follows:
(i) a site plan which shows the following within 1,000 feet of the proposed facility site: the facility's property boundaries; site acreage; distances from adjacent residences, property owners and population centers; off-site and on-site utilities, such as electric, gas, water, storm, and sanitary sewer systems; a north arrow; site topography; the location of screening, regulated wetlands, rights-of-way, surface water conditions, floodplains, buildings, and appurtenances, fences, gates, roads, staging areas, parking areas, drainage culverts, and signs; location of soil borings, if available; transportation systems in the vicinity of the facility including, highways, airports, railways, and ports; the location and identification of handling and storage areas for RMW, untreatable waste, and unauthorized waste not located in the primary building; and a wind rose;
(ii) preliminary piping and instrumentation diagrams;
(iii) plan and cross section views of the facility taken at different elevations in the facility, which must include: the storage areas for RMW, and any temporary storage areas for bypass RMW, unauthorized waste, and untreatable waste, intended equipment locations, anticipated equipment configurations, air supply duct-work locations, onsite utilities, and anticipated underdrain locations (as appropriate); and
(iv) plans of the facility operation that contain a process flow diagram or diagrams to illustrate the complete material and process sequence. They must depict all major equipment associated with the facility, including weighing, processing, heating, cooling, ventilation, radiation detection, treatment, destruction, and storage of all RMW and solid waste;
(2) performance specifications for all major equipment, instrumentation and control centers incorporated into the facility; and
(3) project construction schedules which incorporate specific information essential for monitoring the progress of the project. Bar chart schedules are acceptable, if they indicate the individual time spans from start to completion. Time requirements must be shown for design and engineering, construction milestone dates, equipment deliveries, and the start and completion date for construction. Critical path scheduling may be used in lieu of bar chart schedules. After the permit to construct and operate is issued, monthly updates of project construction activities must be submitted in accordance with the procedures described in section 360-17.4(e) of this Subpart;
(c) Treatment, destruction and disposal facility. The following information must be provided:
(1) the name and mailing address of the treatment, destruction, and disposal facility or facilities that will receive all solid waste removed from the facility (i.e., treated, untreated, and bypass RMW; untreatable and unauthorized wastes; and treated and destroyed medical waste), including the name, title, mailing address, and telephone number of the individual who is the facility contact. Each such treatment, destruction or disposal facility must:
(i) if located in New York State, be currently authorized to operate or have an application deemed complete by the department or other appropriate regulatory agency, and be capable of demonstrating a projected capacity to accept the projected solid waste for two years from the anticipated operation start date of the proposed RMW treatment facility. Disposal facilities must be approved by the department to accept treated RMW, and treated and destroyed medical waste in accordance with section 360-10.5 of this Part; and
(ii) if located outside of New York State, also submit a copy of authorization to operate (i.e. permit to operate) certified by the appropriate regulatory agency of that state or country, including the agency contact person's name, address and telephone number; and
(2) 90 days before start-up, one original and one copy of an executed agreement with the facility or facilities that will receive the projected solid waste for a minimum of two years. Include the name, mailing address, telephone number and New York State permit number of each transporter permitted under Part 364 of this Title that is proposed for shipment off-site to the designated treatment, destruction or disposal facility.
(d) Validation testing program. A description of the proposed validation testing program, which complies with the requirements of section 360-17.5(b) of this Subpart, must be submitted to the department. The results of validation testing will be used to establish facility operating parameters, and these parameters will be included as special conditions in the permit. Operation of the facility beyond start-up and validation testing will not be permitted until the results of the validation testing program have been approved, in writing, by the New York State Department of Health.
(e) Surety. The applicant must provide proof of liability insurance or other form of financial surety deemed sufficient by the department, in an amount of at least $ 1,000,000, to meet all responsibilities in case of release of RMW causing bodily injury or property damage, including liability for environmental restoration resulting from negligence in operation.
(f) Facility plans. All facility plans shall be submitted for department review as follows:
(1) final facility plans must be submitted to the department for review not less than 90 days before any RMW is received by the facility;
(2) final facility plans must be approved, in writing, by the department before any RMW is received at the facility;
(3) updated facility plans must be submitted to the department for review with each renewal application; and
(4) any proposed substantial changes to any of the elements of the department-approved facility plans required by this Part must be submitted to the department in accordance with the procedures described in sections 360-1.8(e) and 360-17.4(e) of this Part for review and approval before these changes are implemented.
(g) Operation plan. The operation plan shall establish facility operating procedures, describe the management of RMW within the facility, and minimize bypass RMW.
(1) The operation plan must include the following:
(i) a description of the proposed procedures for the operation of each major facility component;
(ii) procedures to be followed during daily start-up and scheduled and unscheduled shutdown of operations;
(iii) a description of the measures proposed to control dust, noise, litter, odors, vectors, and blowing debris at the facility;
(iv) an inventory and location of all facility records and as-built construction drawings;
(v) a list of chemicals, including quantities to be used at the facility, amounts to be stored, location of storage, and safety procedures for handling and storage, as appropriate;
(vi) a description of the daily operating procedures for RMW treatment facilities in accordance with the requirements of sections 360-17.4 and 360-17.5 of this Subpart;
(vii) a description of the measures proposed for radioactive waste detection;
(viii) a description of proposed storage methods, including provisions for storage beyond 48 hours; and
(ix) other items as identified by the department that are specific to the individual facility due to its location, technology, or type of RMW delivered (such as processing, storage, and handling).
(2) The department and the New York State Department of Health will review the proposed operation plan for consistency with the following requirements for the handling, storage, treatment, and disposal of RMW:
(i) a method of receiving RMW that ensures that RMW is handled separately from other solid waste until treatment and destruction, or treatment and disposal, and that prevents unauthorized persons from having access to, or contact with, the RMW;
(ii) a method of unloading and processing RMW that limits the number of persons handling RMW and minimizes the possibility of RMW exposure to employees and the public using or visiting the facility. Except for reusable containers, RMW containers for the management of untreated RMW shall not be opened, unless such a procedure is part of the approved treatment process;
(iii) a method of processing, disinfecting, and treating emptied reusable RMW containers, transport vehicles, and facility equipment;
(iv) required use of protective clothing, such as gloves and clean uniforms, to provide protection of employees against exposure to RMW;
(v) the means of decontaminating any person having had bodily contact with RMW while handling or treating the RMW at the site;
(vi) a quantification, on a weight basis, of the maximum amount of RMW to be treated, stored, or removed from the facility each day;
(vii) appropriate methods for handling and processing RMW with packaging that is leaking, dented, ripped, torn or bulging;
(viii) the procedures for conducting the challenge testing and analyzing the results;
(ix) the procedures for establishing the standardized load; and
(x) the procedures for conducting the validation testing program and analyzing the results.
(3) Whenever there is a proposed increase in the permitted design capacity of the treatment facility, or when changes are otherwise made in an existing operation plan, two copies of a new or revised operation plan shall be submitted to the department in accordance with the provisions of sections 360-1.8(e) and 360-17.4(e) of this Part for review and approval prior to the proposed increase or change being implemented.
(4) The department may withdraw approval for acceptance of RMW at a treatment facility for noncompliance with the approved operation plan. The permittee may request a hearing after such withdrawal in accordance with ECL, section 27-1517.3 or section 621.14 of this Title.
(h) Maintenance and monitoring plan. In addition to the requirements of section 360-1.14(f) of this Part, the maintenance and monitoring plan that is submitted must:
(1) include an analysis of spare parts needed to keep the facility operational; an analysis of parts that are expected to frequently fail; and suggested list of spare parts and quantity of each that will be maintained as inventory. This list must be as detailed as necessary to allow an inventory check to be accomplished. The method of recording spare parts usage and inventory control also must be identified. The facility must maintain an adequate supply of spare parts necessary to keep the facility operational;
(2) describe the monitoring and inspections to be undertaken at the facility to discover and correct equipment malfunctions or deteriorations, operator errors, and discharges that may threaten the environment or human health;
(3) provide a schedule for the inspection and repair of equipment at the facility including safety, emergency, and security equipment which is necessary to ensure optimization of equipment availability. The frequency of inspection must be based on the projected rate of equipment deterioration or malfunction and the probability of failure between inspections. In addition, a detailed visual inspection of each treatment unit and its associated equipment shall be conducted every 40 hours of operation in conjunction with challenge testing. Areas of the facility subject to spills and areas in which adverse environmental or health consequences may result if breakdown occurs, must be inspected daily;
(4) identify the operating parameters for the process and any control devices used to detect a malfunction or failure, the normal range of these variables, and describe the method of monitoring and the sequence of responsible action in the event that the equipment and instruments deviate from normal operating ranges;
(5) describe methods and schedules to check operation of control equipment and instrumentation, including a list of all equipment and instruments requiring calibration and a schedule of proposed calibration intervals. All process instruments shall be calibrated at least annually. Process control instruments shall be maintained in proper operating condition at all times; and
(6) include requirements for a general facility inspection, conducted at least annually, of the items described in paragraph (3) of this subdivision, to ensure that the facility is operating in accordance with the approved facility plans. This annual facility inspection must be performed under the direction of an individual licensed to practice engineering in the State of New York. The individual must prepare a summary report of the findings resulting from this inspection. The annual facility inspection report must be signed and embossed with the individual's engineering seal. The annual facility report must be submitted in accordance with the provisions of section 360-17.4(e) of this Subpart.
(i) Personnel staffing and training plan. The personnel staffing and training plan that is submitted must:
(1) demonstrate that adequate staff are provided for essential positions and describe how all facility personnel will successfully complete a program of instruction, on-the-job training, and periodic retraining. This training must teach staff to perform their duties in a way that ensures the facility's compliance with the requirements of this Part and Part 364 of this Title;
(2) identify facility personnel and the procedures that will be used to train facility staff in the processing and handling of all solid waste received at the facility in accordance with the waste control plan of subdivision (j) of this section;
(3) identify the positions which will receive training, and identify the instructor(s) who must know the procedures, equipment, and processes at the facility. The training must teach facility personnel proper RMW management procedures (including contingency plan implementation) relevant to the positions in which they are employed. This training and staffing plan must include, where applicable:
(i) procedures for familiarizing facility personnel with emergency equipment, radiation detection devices and safety equipment, emergency procedures, and emergency systems;
(ii) procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
(iii) key parameters for system shutoff;
(iv) communication or alarm systems;
(v) response to fires or explosions, spills, and leaks;
(vi) response to surface and groundwater contamination incidents; and
(vii) start-up and shutdown of operations;
(4) show how facility personnel will complete the personnel training requirements of this subdivision within three months of the date of their employment or assignment to a facility. Each employee must complete personnel safety training concerning the handling and management of RMW and worker protection prior to being exposed to RMW. Employees must not work in unsupervised positions until they have completed the training requirements of this subdivision;
(5) show how facility personnel will participate in an annual evaluation of the training required in this subdivision. The results of this evaluation will be included in the annual report required by section 360-17.4(e)(3) of this Subpart;
(6) include examples of the following records which must be maintained at the facility:
(i) the job title for each position at the facility related to RMW management, the name of the employee filling each job, and a written job description for each position. This description must include the requisite skills, education, or other qualifications and duties of employees assigned to each position;
(ii) a written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under subparagraph (i) of this paragraph; and
(iii) documentation that the training has been given to, and completed by, facility personnel;
(7) provide for the maintenance of training records for current and former employees of the facility in accordance with section 360-1.14(j) of this Part; and
(8) provide that the on-site operation of any RMW treatment facility subject to these requirements is directed at all times by a person(s) possessing an appropriate current New York State RMW Treatment Facility Operation Certification. (This paragraph is effective nine months after the date of the first qualifying examination approved by the commissioner.)
(j) Waste control plan. In addition to addressing the requirements of section 360-1.14(f) of this Part and section 364.9(h) of this Title, the waste control plan that is submitted must:
(1) ensure that the facility receives, stores, treats, and destroys only RMW specifically authorized by the department;
(2) provide a notification program to instruct all generators and transporters who will use the facility of the types of RMW which are authorized to be accepted at the facility. Also, the notification program must identify those wastes which are untreatable and unauthorized at the facility, including radioactive wastes. This notification program must include one or more of the following:
(i) training programs for the generators and transporters; or
(ii) contractual requirements with generators or transporters that contain specific provisions to prevent untreatable and unauthorized wastes from being received at the facility; or
(iii) a solicitation letter and questionnaire that must be mailed to all known generators and transporters whose RMW will be sent to the facility, requesting the name of their RMW transporters, a description of the RMW proposed for treatment, and the names of any chemical used or wastes generated, that may potentially be delivered to the proposed facility, and a copy of the operating procedures which the generator and transporter will use for handling and separating RMW.
Implementation of the approved notification program must be undertaken at least 90 days before start-up, and must be undertaken no less frequently than every two years thereafter. Department approval to accept RMW at the facility will not be granted until the department has verified that an approved notification program has been properly implemented. The facility must not accept RMW from any generator or transporter, including generators and transporters contracted with after issuance of the permit to construct and operate, until they have participated in the approved notification program;
(3) ensure the facility will not accept RMW which is not packaged, labeled, and marked in accordance with section 364.9(d) of this Title;
(4) ensure the facility will not accept RMW which is not accompanied by a tracking form which complies with the requirements of section 364.9(e) (3) of this Title; and
(5) provide an on-site program to identify, control, separate out, record, and prevent untreatable and unauthorized wastes from being accepted and treated at the facility. The waste control plan must include a description of how these wastes will be handled and disposed. If these wastes are rejected by the facility, the waste control plan must provide for departmental notification in accordance with section 364.9(h) of this Title. In addition, this program must include the following:
(i) a location for the separation and proper storage of untreatable and unauthorized wastes;
(ii) contractual requirements or other appropriate notification and inspection procedures to remove untreatable and unauthorized wastes from the facility;
(iii) a metal sign, a minimum of 12 inches high by 18 inches wide, that will be conspicuously posted at each entrance to the facility that identifies the types of untreatable and unauthorized wastes which must be separated from the treatable RMW. The information on this sign shall be legible from a distance of at least 25 feet and have lettering a minimum of one inch in height. Procedures for the rejection of untreatable and unauthorized RMW and its separation from treatable RMW must be made available to all RMW transporters;
(iv) daily random inspections of incoming loads before and after treatment;
(v) use of radiation detection devices for radioactivity assessment of all RMW;
(vi) inspections of questionable or unusual loads before or after treatment;
(vii) records of inspections; and
(viii) procedures for identifying and handling untreatable and unauthorized wastes. These procedures must include the following:
(a) separate handling from other RMW received at the facility;
(b) secure wrapping or containerization of such wastes to prevent exposing the contents to personnel or the environment;
(c) provisions to minimize the handling of such wastes;
(d) provisions for storing wastes on-site so that they do not become putrescent;
(e) management of such wastes in accordance with the appropriate portions of the facility plans; and
(f) identification of safety procedures for employees that are required to work with such wastes. Such safety procedures must comply with all applicable OSHA standards, New York State right-to-know and other worker protection laws and requirements.
(k) Contingency plan. The contingency plan that is submitted must:
(1) provide for the following in addition to the requirements of section 360-1.9(h) of this Part:
(i) a description of the procedures that will be used to minimize hazards to human health and the environment resulting from equipment failure, utility failure (i.e., loss of electricity, water, sewers, etc.), fires, spills, leaks, explosions, or releases into the air, onto the soil, into storm or sanitary sewers, or into groundwater or surface water; and,
(ii) a description of the following:
(a) actions facility personnel must take in response to equipment failure, utility failure, fire, explosion, spills, leaks, releases that could threaten human health or the environment, and unscheduled facility shutdown if it exceeds 24 hours;
(b) procedures to follow if operating parameters or associated operating parameter indicator devices do not identify that the minimum operating conditions were achieved during the RMW treatment process in accordance with the approved operation plan;
(c) the personnel safety equipment and protective gear that will be available, including showers, eye wash, fire extinguishers, hoses, hard hats, safety goggles, hearing protection, gloves, full body suits, aprons, absorbants, and proposed personnel hygiene facilities; and
(iii) measures proposed to handle incoming RMW during periods of emergencies, equipment breakdown, or facility shutdown, and methods, such as refrigeration, which will be employed to keep from becoming putrescent;
(2) be maintained at the facility; and a complete copy of the approved contingency plan must be submitted to all local police departments, fire departments, hospitals, State and local emergency response teams that may be called upon to provide emergency services. The emergency coordinator must assure that the provisions of this plan are carried out in the event of an incident covered by the contingency plan;
(3) be immediately amended in accordance with the procedures of sections 360-1.8(e) and 360-17.4(e) of this Part whenever:
(i) the plan fails to adequately address an emergency situation;
(ii) the facility changes in its design, construction, operation, maintenance or other circumstance in a way that materially increases the potential for fires, explosions, spills, leaks, or releases of pollutants or changes the response necessary in an emergency;
(iii) the list of emergency coordinators changes; or
(iv) the list of emergency equipment changes;
(4) provide for the maintenance of adequate aisle space to allow for emergency operations and response by emergency equipment, and provide the following:
(i) an internal communications system capable of providing immediate emergency instruction to facility personnel, or an alarm system to notify facility personnel of an emergency condition;
(ii) a device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, and State or local emergency response teams;
(iii) portable fire extinguishers, fire control equipment (including appropriate extinguishing equipment, such as that using foam, inert gas, or dry chemicals), and spill prevention/control equipment; and
(iv) water available in adequate volume and at adequate pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems;
(5) describe all equipment that will be tested and maintained to assure its proper operation at all times, including all facility emergency equipment, communications and alarm systems, fire protection equipment, spill prevention/control equipment, and personal safety equipment;
(6) provide for an emergency coordinator and an alternate emergency coordinator as follows:
(i) designate at least one employee at all times during facility operation, either on the facility premises or available to respond to an emergency by reaching the facility within 15 minutes, with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of the RMW managed, the location of all records within the facility, and the facility layout. In addition, this employee must have the authority to commit the personnel, equipment, and financial resources needed to implement the requirements of the contingency plan;
(ii) the emergency coordinator, whenever there is an emergency situation, must immediately ensure that internal facility alarms or communication systems are activated to notify all facility personnel and, if their help is needed, all appropriate State or local agencies with designated response roles;
(iii) if the emergency coordinator determines that the facility has had a major equipment or utility failure, fire, explosion, spill, or leak which could threaten human health or the environment beyond the facility, this finding must be immediately reported by the emergency coordinator to the appropriate officials designated in the contingency plan;
(iv) during an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires and explosions, leaks, or spills do not occur, recur, spread into other areas of the facility, or beyond the facility in accordance with the requirements of the contingency plan. These measures must include, when appropriate, stopping equipment and operations, collecting and containing RMW, and removing or isolating RMW containers;
(v) if facility operations cease in response to a major equipment or utility failure, fire, explosion, spill, or leak, the emergency coordinator must monitor for leaks, pressure buildup, gas generation or ruptures in valves, pipes, or other equipment, wherever appropriate;
(vi) immediately after an emergency, the emergency coordinator must provide or arrange for the appropriate treatment, storage, destruction, or disposal of all RMW, contaminated soil or water, and any other solid waste at the facility resulting from the emergency;
(vii) the emergency coordinator must ensure that cleanup procedures are completed in accordance with the provisions of the contingency plan. Emergency equipment used during emergency operations must be thoroughly cleaned of contaminated materials prior to reuse. The owner or operator must provide written notification to the department in accordance with subdivision 360-17.4(e) of this Subpart and to appropriate State and local officials when the facility is to resume operations in the affected areas of the facility; and
(viii) the emergency coordinator must note in the operating record and the quarterly report, the time, date, and details of any incident that requires implementing any provisions of the contingency plan and must submit a written report on the incident. This report must be received within 72 hours by the individuals identified in section 360-17.4(e) of this Subpart. The incident report must include the following:
(a) the name, address, and telephone number of the operator and the facility;
(b) the date, time, and type of incident (i.e., utility failure, fire, explosion, spill, leak, etc.) and in the case of major equipment failure, a description of the equipment and the name of the manufacturer;
(c) the type and quantity of materials involved;
(d) the extent of injuries, if any;
(e) an assessment of actual or potential hazards to human health or the environment (groundwater, surface water or air), where this is applicable;
(f) the date of disposal and the location of the disposal facility for the materials involved;
(g) the procedures or equipment available to prevent a recurrence of the reported event; and
(h) any modification necessary to the contingency plan.
(1) Closure and financial assurance plans. In addition to the closure requirements of section 360-1.14(w) of this Part, the closure plan must also identify the steps necessary to close the facility. This closure plan may be amended at any time during the active life of the facility with department approval. This closure plan must be amended whenever changes in operating plans or facility design affect the closure plan, or whenever there is a change in the expected closure date. Closure requirements are as follows:
(1) the owner or operator must notify the department, in writing, by certified mail, return receipt requested, at least 180 days before the date the facility is expected to begin closure. This notification must be sent to the individuals identified in section 360-17.4(e) of this Subpart. No RMW may be received after the scheduled date of closure;
(2) within 30 days after receiving the final quantity of RMW, the owner or operator must remove from the site all solid waste including untreatable and unauthorized wastes, in accordance with the approved closure plan;
(3) the owner or operator must complete closure activities in accordance with the approved closure plan within 180 days after receiving the final quantity of RMW;
(4) when closure is completed, the owner or operator must submit a written report to the individuals identified in section 360-17.4(e) of this Subpart, certified by an individual licensed to practice engineering in the State of New York and retained by the operator or owner, which states that the facility has been closed in accordance with the approved closure plan; and
(5) the closure plan that is submitted must contain the most recent closure cost estimate for the facility prepared in accordance with section 360-1.12 of this Part and a copy of this documentation required to demonstrate financial assurance under section 360-1.12 of this Part.
(m) Security plan. The security plan that is submitted must:
(1) restrict the presence of and minimize the possibility for, any unauthorized entry onto the facility site and limit contact with any RMW. A description of the security measures must be provided in the security plan and must include a means to control entry at all times through the gates or other entrances to the facility (as by a 24-hour surveillance system which continuously monitors and controls entry, or an artificial or natural barrier). Metal signs, legible from a distance of at least 25 feet, that read "CAUTION - REGULATED MEDICAL WASTE. VISITORS AND UNAUTHORIZED PERSONNEL MUST REPORT TO THE OFFICE" must also be posted at each entrance to the facility and at other locations, in sufficient numbers to be seen from any approach to the facility. These signs shall be at least 12 inches high by 18 inches wide, have lettering a minimum of one inch in height and include the nationally recognized bio-hazard symbol; and
(2) identify specific operating areas within the facility where access must be controlled, and the specific control procedures that will be followed.
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