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 360-13. WASTE TIRE STORAGE FACILITIES
Date:
08/31/2009
Document:
ยง 360-13.2 Additional application requirements for an initial permit to construct and operate
In addition to the requirements set forth in Subpart 360-1 of this Part, an application for an initial permit to construct and operate a waste tire storage facility used to store 1,000 or more waste tires at a time must include the following:
(a) Report. A report that must include the following, in addition to the requirements of section 360-1.9 of this Part:
(1) A description of the overall facility, including:
(i) the function of all equipment to be used; and
(ii) identification of the storage area for the waste tires and other solid waste accepted at the facility illustrating adequacy for both daily storage capacity as well as long term storage capacity.
(2) A description of the operation of the waste tire storage facility including:
(i) a quantity description that must include a table or graph showing the projected quantities delivered per month during the initial year of operation (and the background data and assumptions used to produce this table or graph);
(ii) projected future annual quantities for the projected life of the facility; and
(iii) a description of the operations and activities involving the flow of the waste tires from the time of their receipt continuing through handling, storage and disposal, that describes the waste tire facility as a whole. There must be sufficient description in the narrative to understand the flow of the waste tires and the associated operations at the facility.
(3) A discussion of the concept of the facility's possible expansion at a later date.
(4) An identification of possible groundwater and surface water discharges.
(5) An identification of how residues and recyclables which cannot be marketed will be disposed of.
(b) Site plan. A site plan that must show the facility's property boundaries; site acreage; distances from adjacent residences, property owners and population centers; off-site utilities such as electric, gas, water, and storm and sanitary sewer systems; a north arrow; site topography; the location of screening provided, regulated wetlands, rights-of-way, surface water and classifications, floodplains, buildings and appurtenances, fences, gates, roads, staging areas, parking areas, drainage culverts and signs; monitoring wells; transportation systems in the vicinity of the facility including, but not limited to railways and ports; the location and identification of special waste handling and storage areas; and a wind rose.
(c) Market analysis. A market analysis relating to waste tires to be received at the facility must include an identification of available and potential markets. This analysis must include:
(1) an identification of the information reviewed to identify potential markets including information obtained from the New York State Department of Economic Development;
(2) the results of a survey of potential markets and potential market services which includes an identification of all local and regional markets and market services contacted, quality requirements, quantity requirements, market pricing structures and transportation services available; and
(3) an identification of the types of processing necessary for separation and upgrading of the waste tires to assure market acceptance.
(d) Plans and specifications. Copies of all plans and specifications reflecting construction of the proposed facility must be included.
(e) Monitoring and inspection plan. A facility monitoring and inspection plan must satisfy the requirements of paragraph 360-1.14(f)(3) of this Part, and having an inspection schedule reflecting inspections to be conducted at a frequency of no less than once per quarter. The inspection plan must address the following concerns: the presence of vermin; the readiness of fire-fighting equipment; and the integrity of the security system.
(f) Closure plan. A closure plan must comply with the closure requirements described in subdivision 360-1.14(w) of this Part and must identify the steps necessary to close the facility. The plan may be amended at any time during the active life of the facility with department approval. The 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 year of closure.
(g) Surety. In addition to the requirements of section 360-1.12 of this Part, surety in an amount sufficient to cover the cost of handling the worst case contingency identified in the contingency plan or the insolvency of the facility owner or operator requiring closure of the facility at its maximum capacity (whichever is greater) must be provided, but may be no less than the following:
(1) One dollar and fifty cents per tire for surety must be provided for every whole waste tire not stored in accordance with the storage requirements of paragraphs 360-13.2(i)(3) and (4) of this Subpart after the effective date of this Part, unless otherwise specified by the department.
(2) One dollar per tire for surety must be provided for every whole waste tire stored in accordance with the storage requirements of paragraph 360-13.2(i)(3) and (4) of this Subpart after the effective date of this Part, unless otherwise specified by the department.
(3) Fifty cents per tire for surety must be provided for every waste tire either reduced in size into pieces no larger than four inches by six inches, compacted by 75 percent or treated by a treatment process acceptable to the department and not stored in accordance with the requirements of paragraph 360-13.2(i)(3) and (4) of this Subpart after the effective date of this Part, unless otherwise specified by the department.
(4) Twenty-five cents per tire for surety must be provided for every waste tire either reduced in size into pieces no larger than four by six inches, compacted by 75 percent or treated by a process acceptable to the department and stored in accordance with the storage requirements of paragraphs 360-13.2(i)(3) and (4) of this Subpart after the effective date of this Subpart, unless otherwise specified by the department.
(5) The department may accept less than the amounts stipulated in paragraphs (1) through (4) of this subdivision if it is determined in writing to be appropriate by the department based on information provided by the owner or operator justifying a reduced amount. The department may also require more than the amounts stipulated in paragraphs (1)-(4) of this subdivision if it is determined necessary based on past practices by the owner or operator or found necessary by the department to protect human health and the environment.
(6) Surety for new facilities may be phased in over time as waste tires are received and may be reduced over time for all facilities as a number of waste tires stored is reduced.
(h) Contingency plan. In addition to the requirements set forth in subdivision 360-1.9(h) of this Part, the contingency plan must include but not be limited to:
(1) Scope. The contingency plan must be designed to minimize hazards to human health and the environment resulting from fires or releases into the air, onto the soil or into groundwater or surface water.
(2) Contents. The contingency plan must describe the actions that must be taken in response to a fire or releases which could threaten human health or the environment. The contingency plan also must provide for the worst case contingency such as a fire occurring at the facility at its maximum capacity. Consideration must be provided regarding on-site water supply, access routes to the site, security, alarms, training, drills and on-site fire protection equipment.
(3) A copy of the contingency plan and all revisions to this plan must be maintained at the facility and be submitted to the local police department, fire department, hospitals, and State and local emergency response teams that may be called on to provide emergency services. Any comments made by these groups must be addressed in the contingency plan. The operator must assure that the provisions of this plan are carried out in the event of an incident covered by it.
(4) Any amendments to this plan must be submitted to the department. This plan must be immediately amended whenever:
(i) it fails to provide information to respond to an emergency situation;
(ii) the facility changes in its design, construction, operations, maintenance or other circumstance in a manner that materially increases the potential for fires, releases of pollutants or changes the response necessary in an emergency;
(iii) the list of emergency coordinators changes;
(iv) the list of emergency equipment changes; or
(v) changes are made to address comments made by the local police or fire departments, hospitals and State and local emergency response services.
(5) The applicant must contact the local fire marshal for requirements and recommendations for fire protection and control measures including roadways constructed for all weather conditions, storage configurations, and pre-emergency planning. The applicant must include documentations verifying that the local fire marshal has been contacted and any comments made by the local fire marshal must be addressed in the contingency plan.
(6) The facility must comply with all applicable National Fire Protection Association standards, including "Standards for Storage of Rubber Tires," NFPA 231D, 1989 edition (see section 360-1.3 of this Part).
(i) Storage plan. The storage plan must address the receipt and handling of all waste tires and solid waste to, at and from the facility. The plan must address the following matters:
(1) The facility may receive and accumulate only waste tires for storage.
(2) All solid waste generated as a result of facility operation must be stored in a department-approved location and disposed of at a department-approved solid waste disposal facility within one week after generation unless otherwise approved by the department in writing.
(3) Waste tire piles must not exceed 20 feet in height. Horizontal dimensions of waste tires piles at the base of the pile must have a surface area no greater than 10,000 square feet, with the width not to exceed 50 feet.
(4) Waste tire piles must have a minimum separation distance of 50 feet between piles, and between a pile and: the facility property boundaries; a public right-of-way located at the facility property boundary; any other buildings or structures. These 50-foot separation areas must be maintained free of obstructions and vegetation at all times and maintained in such a manner that emergency vehicles will have adequate equipment access.
(5) The facility must not store waste tires in excess of the quantity for which the facility is permitted.
(6) Rims removed from the waste tires may be stored for up to 30 days but may be stored for a longer period of time with prior written department approval if the department finds that:
(i) there is a demonstrated need or use to do so (such as a market agreement with terms of receipt based on greater than 30-day intervals or volumes that may take longer than 30 days to acquire); and
(ii) there is sufficient department-approved storage area.
(7) Waste tire piles may not be located in excavations or below grade without prior written approval by the department.
(j) Vector control plan. This plan must provide that:
(1) All waste tires be maintained in a manner which limits mosquito breeding potential and other vectors.
(i) A method of acceptable vector control will require that tires received must be drained of water within 24 hours of receipt and must include one or more of the following:
(a) covering by plastic sheets or other impermeable barriers, other than soil, to prevent the accumulation of precipitation;
(b) chemical treating to eliminate vector breeding provided all chemicals used are registered for use in New York State and are applied by a person licensed in New York State to apply pesticides;
(c) mechanical tire size reduction into pieces no larger than four by six inches, with storage in piles in compliance with paragraphs 360-13.2(i)(3) and (4) of this section and allow for complete water drainage; or
(d) any other method approved by the department in writing.
(2) If a fire pond is provided, the vector control plan must include provisions to limit mosquito breeding potential and other vectors in the vicinity of the pond.
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