Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER B. SOLID WASTES
PART 373. HAZARDOUS WASTE MANAGEMENT FACILITIES
SUBPART 373-4. FACILITY STANDARDS FOR THE COLLECTI
Date:
08/31/2009
Document:
ยง 373-4.4 Household hazardous waste collection and storage facilities
Any site or facility used to collect and/or store household hazardous waste for more than three consecutive days, or for more than thirty days within a calendar year, must obtain a permit as described in this section. In addition to any requirements of Part 360 of this Title, the permit application must demonstrate that the requirements of this section will be met.
(a) General facility standards. The engineering report for an initial permit to construct and operate a household hazardous waste collection and storage facility must contain the following:
(1) General description. A description of the operation of the facility, including but not limited to:
(i) days and hours of operation;
(ii) identification of the owner/operator;
(iii) persons who will be allowed to use the facility, fees to be charged, and whether the facility will be run on an appointment or open basis;
(iv) a projection of the expected volume by type of waste to be received at the facility; and
(v) registration forms which will be used to register participating households and conditionally exempt small quantity generators.
(2) Site plans. Site plans must include:
(i) general site layout, including traffic flow on and adjacent to the property and current land use along property borders;
(ii) identification of waste handling and storage areas, locating the specific waste types which would be managed in each area; and
(iii) location of all emergency and spill cleanup equipment.
(3) Waste control plan. The waste control plan must identify measures that will be taken to identify ineligible generators and unacceptable waste types, and actions that will be taken if these materials are brought to the facility.
(b) Packaging and storage requirements.
(1) Use and management of containers.
(i) Condition of containers. If a container holding household hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator must transfer the waste from this container to an undamaged container or manage the waste in some other way that complies with the requirements of this Subpart;
(ii) Compatibility of waste with containers. The owner or operator must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the household hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired.
(iii) Management of containers.
(a) A container holding household hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.
(b) A container holding household hazardous waste must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak.
(c) A container holding household hazardous waste must be marked with words identifying its contents, and with the date waste is first placed into the container.
(iv) Inspections. At least weekly, the owner or operator must inspect areas where containers are stored, looking for leaking containers and for deterioration of containers or the containment system caused by corrosion or other factors.
(v) Containment.
(a) Container storage areas, other than those described in clause (b) of this subparagraph, must have a containment system that is designed and operated as follows:
(1) A base must underlay the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is detected and removed;
(2) The base must be sloped or the containment system must be otherwise designed and operated to drain and remove liquid resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids.
(3) The containment systems must have sufficient capacity to contain 10 percent of the volume of containers or the volume of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in this determination.
(4) Run-on into the containment system must be prevented unless the collection system has sufficient excess capacity, in addition to that required in subclause (3) of this clause, to contain any run-on which might enter the system.
(5) Spilled or leaked waste and accumulated precipitation must be removed from the sump or collection area in a timely manner as is necessary to prevent overflow of the collection system.
(b) Storage areas that store containers holding only wastes that do not contain free liquids need not have a containment system defined by clause (a) of this subparagraph provided that:
(1) the storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation; or
(2) the containers are elevated or are otherwise protected from contact with accumulated liquid.
(vi) Special requirements for ignitable or reactive waste. Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line.
(vii) Special requirements for incompatible wastes.
(a) Incompatible wastes, or incompatible wastes and materials must
not be placed in the same container.
(b) Waste must not be placed in an unwashed container that previously held an incompatible waste or material.
(c) A storage container holding a waste that is incompatible with any waste or other material stored nearby in other containers must be separated from other materials or protected from them by means of a dike, berm, wall, or other device.
(2) Storage of household hazardous waste in tanks must be managed in accordance with the requirements of Subpart 360-6 of this Title, and at no time may incompatible or reactive wastes be placed in the tank.
(3) Waste may be stored for a period not to exceed 180 days, provided that the storage capacity of the facility is not exceeded.
(4) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including, but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specifically designated locations. "No smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
(5) At no time may reactive or incompatible wastes be mixed.
(c) Security Plan.
(1) The facility must have:
(i) a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or
(ii) (a) an artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and
(b) a means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility);
(2) a sign with the legend "Danger - Unauthorized Personnel Keep Out", must be posted at each entrance to the active portion of the facility, and at other locations in sufficient numbers to be seen from any approach to this active portion. This legend must be written in English and legible from a distance of at least 25 feet.
(d) Inspections.
(1) The owner or operator must conduct inspections often enough to identify problems in time to prevent harm to human health or the environment, and must inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to a release of hazardous constituents.
(2) Inspection schedule.
(i) The owner or operator must develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, and responding to environmental or human health hazards.
(ii) This schedule must be kept at the facility, available for inspection by authorized department personnel.
(iii) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc).
(iv) The frequency of inspection may vary for the items on the schedule. However, it should be based on the rate of possible deterioration of the equipment and the probability of an environmental or human health incident if the deterioration or malfunction of any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use.
(3) The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
(4) The owner or operator must record inspections in an inspection log or summary. These records must be kept for at least three years from the date of inspection. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.
(e) Recordkeeping and reporting.
(1) Each facility must maintain the following records:
(i) For each container into which other containers of household hazardous waste are placed, a log must be used which contains the following information:
(a) beginning date of accumulation;
(b) each individual waste container within the container, its contents, volume, and date received; and
(c) the date container became full.
(ii) For each container into which consolidated household hazardous waste is placed, a log sheet must be used which contains the following information:
(a) beginning date of accumulation;
(b) date material was entered and type of material; and
(c) the date container became full.
(iii) The facility must maintain an overall waste log, which lists each container stored on site, and includes waste type, hazard class, beginning and ending accumulation dates, and location of each.
(iv) The facility must maintain inspection logs, as required by paragraph (d)(4) of this section.
(2) Copies of the logs required in paragraph (1) of this subdivision must be retained by the permittee for a period of three years after waste shipment.
(3) Copies of shipping papers or manifests must be provided to the department, as described in subdivision 373-4.2(f) of this Subpart, and also must be retained by the permittee for a period of three years after the shipment.
(4) Annually, by February 1st for the preceding calendar year, a listing of all farmers and conditionally exempt small quantity generators who delivered waste to the facility must be submitted to the department. This listing must include each generator's name, address, phone number, date waste was received, quantity received, and waste type.
(5) Annually, by February 1st for the preceding calendar year, a year end report must be submitted to the department which contains a summary of the facility's operations, including, at a minimum:
(i) number of household participants;
(ii) operation, transportation and disposal costs;
(iii) a summary of each incident which required implementation of the contingency plan;
(iv) total volume of household hazardous waste collected and volume and disposition of any collected materials not included in the reporting requirements of paragraph (3) of this subdivision (e.g., usable or reusable products); and
(v) any changes in hours of operation or other aspects of the facility.
(f) Preparedness and prevention.
(1) Design and operation of the facility. Facilities must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion or any unplanned sudden or non-sudden release of waste or hazardous constituents to air, soil, or surface water which could threaten human health or the environment.
(2) Required equipment. All facilities must be equipped with the following:
(i) an internal communication or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;
(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, or State or local emergency response teams;
(iii) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and
(iv) water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems.
(3) Testing and maintenance of equipment. All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.
(4) Access to communications or alarm system.
(i) Whenever household hazardous waste is being collected, poured, mixed or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device either directly or through visual or voice contact with another employee.
(ii) If there is ever just one employee on the premises while the facility is operating, that employee must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance.
(5) Required aisle space. The owner operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, and decontamination equipment to any area of facility operation in an emergency.
(g) Contingency plan.
(1) Purpose and implementation of contingency plan.
(i) Each owner or operator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of waste or hazardous constituents to air, soil, or surface water.
(ii) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of waste or hazardous constituents which could threaten human health or the environment.
(2) Content of contingency plan.
(i) This contingency plan must include, but is not limited to:
(a) a description of arrangements between the applicant and local police departments, hospitals, contractors, equipment suppliers, and State and local emergency response teams to coordinate emergency services and familiarize them with the layout of the facility, properties of the waste handled at the facility and associated hazards, places where facility personnel normally would be working, entrances to and roads inside the facility, and possible evacuation routes, as appropriate;
(b) a list of names, addresses, and telephone numbers (office and home) of all individuals qualified to act as an emergency coordinator. Where more than one individual is listed, the primary coordinator must be listed first and the others listed in the order in which they will assume responsibility as alternates;
(c) a list of all relevant emergency equipment maintained at the facility (such as, but not limited to, fire extinguishing systems, spill control equipment, and internal and external communications and alarm systems) and the location and a physical description of each item of emergency equipment, with a brief outline of its capabilities; and
(d) an evacuation plan for facility personnel, including a description of signals to be used to begin evacuation and the primary and alternate evacuation routes.
(3) Copies of contingency plan. A copy of the contingency plan and all revisions to the plan must be:
(i) maintained at the facility; and
(ii) submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.
(4) Amendment of contingency plan. All amendments to the contingency plans must be approved by the commissioner. The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
(i) the facility permit is revised;
(ii) the plan fails in an emergency;
(iii) the facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of waste or hazardous constituents, or changes the response necessary in an emergency;
(iv) the list of emergency coordinators changes; or
(v) the list of emergency equipment changes.
(h) Personnel training.
(1) (i) Facility personnel must successfully complete a program of classroom instruction and on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this Subpart. The owner or operator must ensure that this program includes all of the elements described in the training description required under subparagraph (4)(iii) of this subdivision.
(ii) This program must be directed by a person trained in hazardous material management procedures, and must include instruction which teaches facility personnel hazardous material management procedures (including contingency plan implementation) relevant to the positions in which they are employed.
(iii) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable:
(a) procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
(b) communication or alarm systems;
(c) response to fires or explosions; and
(d) response to spills.
(2) Facility personnel must successfully complete the program required in paragraph (1) of this subdivision within six months after the date of their employment or assignment to the facility, whichever is later. Employees must not work in unsupervised positions until they have completed the training requirements of paragraph (1) of this subdivision.
(3) Facility personnel must take part in an annual review of the initial training required in paragraph (1) of this subdivision.
(4) The owner or operator must maintain the following documents and records at the facility:
(i) the job title for each position at the facility related to household hazardous waste management, and the name of the employee filling each job;
(ii) a written job description for each position listed under subparagraph (i) of this paragraph. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education or other qualifications, and duties of employees assigned to each position;
(iii) 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
(iv) records that document that the training or job experience required under paragraphs (1)-(3) of this subdivision has been given to, and completed by, facility personnel.
(5) Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same organization.
(6) The permit application must contain an outline of the training program to be used at the facility and a brief description of how the training program is designed to meet actual job tasks.
(i) Closure.
(1) The owner or operator of the household hazardous waste facility must prepare a written closure plan and submit the plan with the permit application for the facility.
(2) The owner or operator must complete closure activities in accordance with the approved closure plan within 180 days after waste is last accepted at the facility.
(3) The closure plan must be amended whenever changes in the operation of the facility affect the closure plan.
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