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 360-1. GENERAL PROVISIONS
Date:
08/31/2009
Document:
ยง 360-1.14 Operational requirements for all solid waste management facilities
(a) Applicability. Except as elsewhere provided in this Part, any person who designs, constructs, maintains or operates any solid waste management facility subject to this Part must do so in conformance with the requirements of this section.
(b) Water. (1) Solid waste must not be deposited in, and must be prevented from, entering surface waters or ground waters.
(2) Leachate. All solid waste management facilities must be constructed, operated and closed in a manner that minimizes the generation of leachate that must be disposed of and prevent the migration of leachate into surface and groundwaters. Leachate must not be allowed to drain or discharge into surface water except pursuant to a State pollutant discharge elimination system permit and must not cause or contribute to contravention of groundwater quality standards established by the department pursuant to ECL section 17-0301.
(c) Public access. Public access to facilities and receipt of solid waste may occur only when an attendant is on duty. This provision does not apply to facilities (such as transfer stations) without permanent operating mechanical equipment.
(d) Control of access. Access to and use of the facility must be strictly and continuously controlled by fencing, gates, signs, natural barriers or other suitable means.
(e) Control program for unauthorized waste. (1) The facility owner or operator must institute a control program (including measures such as signs at all maintained access points indicating hours of operation and the types of solid waste accepted and not accepted, monitoring, alternate collection programs, passage of local laws, etc.) to assure that only solid waste authorized by the department to be treated, disposed of or transferred at the facility is being treated, disposed of or transferred at that facility. The facility owner or operator must develop and implement a program to teach the facility's staff to recognize, remove and report receipt of solid waste not authorized by the department to be treated, disposed of or transferred at the facility.
(2) If solid waste not authorized by the department to be treated, disposed of or transferred at the facility is observed in the solid waste at the facility or delivered to the facility, the facility owner or operator may refuse to accept the waste. If the owner or operator accepts the waste, the owner or operator must remove it, segregate it, and provide to the department a record identifying that waste and its final disposition. The department must be notified of each incident in the annual report and records of each incident must be available for department review. Any unauthorized waste accepted by the facility owner or operator must be managed in accordance with applicable federal or State laws and regulations.
(3) Solid waste not authorized by the department to be treated, disposed of or transferred at the facility that is segregated must be adequately secured and contained to prevent leakage or contamination of the environment. The facility owner or operator must cause it to be removed as soon as practicable, but not to exceed 90 days after discovery, by a person authorized to transport such waste to a facility approved to receive it for treatment, disposal or transfer.
(f) Maintenance and operation. (1) Facility components must be maintained and operated in accordance with the permit and intended use of the facility. Proper site grading must be maintained to prevent depressions, desiccation cracks or soil erosion and minimize ponding.
(2) Adequate numbers, types and sizes of properly maintained equipment must be available at the facility during all hours of operation to prevent curtailment of operations because of equipment failure except under extraordinary conditions beyond the control of the facility's owner or operator.
(3) Self inspection. The facility owner or operator must frequently monitor and inspect the facility for malfunctions, deteriorations, operator errors, and discharges that may cause a release to the environment or a threat to human health. The facility owner or operator must promptly remedy any deterioration or malfunction of equipment or structures or any other problems revealed by the inspections to ensure that no environmental or human health hazard develops. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
(g) Contingency plan. Contingency plans approved by the department for emergency situations must be implemented in accordance with the terms of the plan.
(h) Monitoring samples and results. Samples and measurements taken for the purpose of monitoring must be representative of the monitored activity and must be conducted in a manner approved by the department, including the use of a laboratory and data-reporting format acceptable to the department.
(i) Recordkeeping. (1) The facility owner or operator must retain records of all unauthorized solid waste accepted identifying the waste and its final disposition. Such records must be summarized in the annual report. They must include the date solid waste was received, the type of solid waste received, the date of disposal, the disposal method and location.
(2) The facility owner or operator must record self inspections as required by paragraph 360-1.14(f)(3) of this Subpart in an inspection log. These records must be retained for at least seven years from the date of inspection. They must include the date and time of the inspection, the name of the inspector, a description of the inspection including the identity of specific equipment and structures inspected, the observations recorded, and the date and nature of any remedial actions implemented or repairs made as a result of the inspection.
(3) Except as otherwise specified in this Part pertaining to a specific type of solid waste management facility, the facility owner or operator must keep records of all data used to develop or support the permit applications and any supplemental information submitted to comply with the requirements of this Part and pertaining to construction of the facility throughout the active life of the facility and the post-closure period. Records pertaining to the operation of the solid waste facility must be kept for a period of no less than seven years from the date they are made or are required to be made, whichever is later.
(4) The facility owner or operator must retain records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation; and copies of all reports required by, or by a permit issued under, this Part) for a period of at least seven years from the date of the sample analysis, measurement, report or application. Existing water quality records must be kept throughout the active life of the facility and the post-closure period. Records for monitoring information must include: the date, exact place, and time of sampling or measurements; the name of the individual who performed the sampling and measurement; the date analyses were performed; the name of the individual who performed the analyses; the analytical techniques or methods used; and the result of such analyses. Additional information relating to the analysis, including records of internal laboratory quality assurance and control, must be made available to the department at its request.
(j) Confinement of solid waste. Blowing litter must be confined to solid waste holding and operating areas by fencing or other suitable means. Solid waste must be confined to an area that can be effectively maintained, operated and controlled. Solid waste must not be accepted at a solid waste management facility unless the waste is adequately covered or confined in the vehicle transporting the waste to prevent dust, and blowing litter.
(k) Dust control. Dust must be effectively controlled so that it does not constitute a nuisance or hazard to health, safety, or property. The facility owner or operator must undertake any and all measures as required by the department to maintain and control dust at and emanating from the facility.
(l) Vector control. The facility must be maintained so as to prevent or control on-site populations of vectors using techniques appropriate for protection of human health and the environment and prevent the facility from being a vector breeding area.
(m) Odor control. Odors must be effectively controlled so that they do not constitute nuisances or hazards to health, safety or property.
(n) On-site roads. On-site roads and other throughways must be passable and safe at all times.
(o) Equipment shelter. Shelter for mobile equipment must be provided for routine maintenance and repair, as determined by the department.
(p) Noise levels. Noise levels resulting from equipment or operations at the facility must be controlled to prevent transmission of sound levels beyond the property line at locations zoned or otherwise authorized for residential purposes to exceed the following Leq energy equivalent sound levels:Character of CommunityLeq Energy Equivalent Sound Levels7 a.m.-10 p.m.10 p.m.-7 a.m.
Rural 57 decibels (A) 47 decibels (A)
Suburban 62 decibels (A) 52 decibels (A)
Urban 67 decibels (A) 57 decibels (A)
The Leq is the equivalent steady-state sound level which contains the same acoustic energy as the time varying sound level during a one-hour period. It is not necessary that the measurements be taken over a full one-hour time interval, but sufficient measurements must be available to allow a valid extrapolation to a one-hour time interval.
(1) If the background residual sound level (excluding any contributions from the solid waste management facility) exceeds these limits, the facility must not produce an Leq exceeding that background.
(2) The sound level must be the weighted sound pressure level measured with the slow metering characteristic and A-weighted.
(3) Measuring instruments must be Type 1 general purpose sound level meters, Type 2, or corresponding special sound level meters Type S1A or S2A.
(4) Mufflers are required on all internal combustion-powered equipment used at the facility. Sound levels for such equipment must not exceed 80 decibels (A) at a distance of 50 feet from the operating equipment.
(q) Open burning. Open burning at a solid waste management facility is prohibited, except for the infrequent burning of agricultural wastes, silvicultural wastes, land clearing debris (excluding stumps), diseased trees or debris from emergency cleanup operation, pursuant to a restricted burning permit issued by the department. Measures must be taken immediately to extinguish any nonpermitted open burning and the department must be notified that it has occurred.
(r) Department-approved facilities. Solid waste resulting from industrial or commercial operations, sludge, and septage must be processed, disposed, used or otherwise managed only at facilities that the department has specifically approved for such management of that specific waste.
(s) Emergency numbers. Telephone numbers to emergency response agencies such as the local police department, fire department, ambulance and hospital must be conspicuously posted in all areas where telephones are available for use at the facility.
(t) Facilities. Where operating personnel are required, certain facilities must be provided (except in the case of composting facilities using aerated static pile or windrow techniques and land application facilities). These facilities include adequately heated and lighted shelters, a safe drinking water supply, sanitary toilet facilities and radio or telephone communication.
(u) Facility operator requirements. (1) Except as otherwise specified in a Subpart of this Part pertaining to a specific type of solid waste management facility, the facility operator, during all hours of operation, must have available for use, a copy of the permit issued pursuant to this Part, including conditions, a copy of the operation and maintenance report, the contingency plan and the most recent annual report.
(2) Operation of every landfill, and other solid waste management facilities as directed by the department, must be conducted under the direction of a facility operator. The facility operator must attend and successfully complete within 12 months from their date of employment, a course of instruction in solid waste management procedures relevant to the facility at which the facility operator is employed. The course must be provided or approved by the department. The department will issue a certificate of attendance to each individual successfully completing the course. Attendance at a department-approved course before the effective date of this Part will adequately satisfy these training requirements.
(v) Salvaging. Salvaging, if permitted by the facility owner or operator, must be controlled by the facility owner or operator within a designated salvage area and must not interfere with facility operations or create hazards or nuisances.
(w) Closure. The owner or operator of any active or inactive solid waste management facility must, upon termination of use, properly close that facility and must monitor and maintain such closure so as to minimize the need for further maintenance or corrective actions and to prevent or remedy adverse environmental or health impacts such as, but not limited to, contravention of surface water and groundwater quality standards, gas migration, odors and vectors. Termination of use includes those situations where a facility has not received solid waste for more than one year, unless otherwise provided by permit, or if the permit has expired. Termination of use also results from permit denial or order of the commissioner or of a court. Specific closure measures which may also include corrective actions as specified in this Part are subject to approval by the department.
|