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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 360-3. SOLID WASTE INCINERATORS OR REFUSE-DERI
Date:
08/31/2009
Document:
ยง 360-3.4 Operational requirements
All solid waste incinerators or refuse-derived fuel processing facilities or solid waste pyrolysis units subject to this Subpart must operate in compliance with the following:
(a) Operation and maintenance manual. All activities at the facility must be performed in accordance with a department-approved Operation and Maintenance Manual, which includes all plans and programs required by this Part. The operation and maintenance manual, and all plans and programs required by this Part must be maintained and be available for reference and inspection at the facility. The operation and maintenance manual must be updated no less frequently than the duration of the permit.
(b) Receipt and handling of solid waste. (1) The facility shall not knowingly accept types of solid waste that are not authorized by the department. All solid waste received at the facility, and residues, ash residues, bypass waste, nonprocessible waste, and waste not authorized by the department, leaving the facility, must be weighed and recorded and the results must be incorporated into the quarterly report.
(2) All solid waste delivered to the facility must be processed and contained within a completely enclosed area to minimize the effects of weather, wind and precipitation. Unless specifically authorized by the department, solid waste stored on-site must be confined to the storage area designed in accordance with paragraph 360-3.3(a)(7) of this Subpart. In no case shall the solid waste stored on-site exceed seven times the approved daily design capacity.
(3) External storage of putrescible solid waste is prohibited. Solid waste identified as nonputrescible recyclables or oversized, bulky, or nonprocessible solid waste may be temporarily stored outside the facility for a period not to exceed one week unless an extension is authorized by the department.
(4) All rejected, oversized, bulky, nonprocessible, and bypass waste that is not recyclable must be disposed of at a department-approved facility if located within the State, or an authorized facility if located out-of-state.
(c) Drainage. The site and facility must have adequate drainage and be free of standing water.
(d) Process changes. The department must be notified of all process changes before they are implemented. Permit modification procedures are discussed in sections 360-1.8(e) and 360-1.9(c) of this Part.
(e) Access. The operator must restrict the presence of, and must minimize the possibility for any unauthorized entry onto the facility. A description of the security measures must be provided and must include, but not be limited to, 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). Signs, legible from a distance of at least 25 feet, that read "VISITORS AND UNAUTHORIZED PERSONNEL MUST REPORT TO THE OFFICE" also must be posted at each entrance to the facility, and at other locations, in sufficient numbers to be seen from any approach to the facility.
(f) Reporting. In addition to the requirements of sections 360-1.4(c) and 360-1.14(j) of this Part, all facilities must:
(1) Immediately notify the department's solid waste engineer in the departmental region in which the facility is located, if an unscheduled total facility shutdown exceeds 24 hours. A written confirmation letter describing the incident that resulted in the unscheduled shutdown, and an assessment of any impacts of the shutdown, including the disposition of any solid waste that was diverted from the facility due to the shutdown, must be sent to the regional solid waste engineer within 15 days of the incident.
(2) Prepare and file a quarterly report, compiled for each month, in a form provided by or acceptable to the department. Copies of the report must be sent to the department's central office and the office of the department administering the region within which the facility is located, within 60 days after the end of each quarter.
(3) Prepare and file with the department's central office and the departmental region within which the facility is located, an annual report in a form provided by, or acceptable to, the department within 60 days after the last day of the calendar year for which the report is being prepared.
(g) Preparedness and prevention. In addition to the requirements, set forth in the contingency plan in section 360-3.3(k) of this Subpart, all facilities subject to this Subpart must, at a minimum:
(1) Be equipped with the following:
(i) an internal communications system capable of providing immediate emergency instruction to facility personnel, and 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 special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), and spill control equipment;
(iv) water available at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems.
(2) Test and maintain as necessary to assure its proper operation, all facility emergency equipment including, but not limited to, communications or alarm systems, and fire protection, spill control, and personal safety equipment.
(3) Provide all personnel involved in the facility operation with immediate access to an internal alarm or emergency communication device.
(4) Provide for an emergency coordinator.
(i) At all times during facility operation, there must be at least one employee with the responsibility for coordinating all emergency response measures who is either on the facility premises or available to respond to an emergency by reaching the facility within a short period of time. This emergency coordinator must be thoroughly familiar with all aspects of the contingency plan, all operations and activities, the location and characteristics of the solid waste, the location of all records, and the facility layout. In addition, this employee must have the authority to commit the personnel, equipment, and financial resources needed to implement the contingency plan.
(ii) Whenever there is an emergency situation, the emergency coordinator 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 fire or explosion which could threaten human health or the environment beyond the facility, this must be reported by the emergency coordinator to the appropriate officials outlined in the contingency plan.
(iv) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires and explosions, do not occur, recur, or spread into other areas of the facility. These measures must include, where applicable, stopping equipment and operations, collecting and containing solid waste, and removing or isolating containers.
(v) If facility operations cease in response to a fire or explosion, the emergency coordinator must monitor for leaks, pressure buildup, gas generation or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
(vi) Immediately after an emergency, the emergency coordinator must provide or arrange for treatment, storage or disposal of solid waste, contaminated soil or water, and any other material at the facility.
(vii) The emergency coordinator must ensure that cleanup procedures are completed and emergency equipment, listed in the contingency plan, is cleaned, and prepared for its intended use, if required. The owner or operator must notify the department and appropriate State and local officials when the facility is to resume operations in the affected areas.
(viii) The owner or operator must note in the operating record and the quarterly report, the time, date, and details of any incident that requires implementing the contingency plan and must submit a written report to the department's central office and the office of the department administering the region within which the facility is located within 15 days of the incident. The report must include:
(a) the name, address and telephone number of the operator and the facility;
(b) the date, time, and type of incident (e.g., fire, explosion, etc.);
(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, where this is applicable;
(f) the estimated quantity and disposition of solid waste, liquids, or material recovered that resulted from the incident; and
(g) the procedures or equipment available to prevent a recurrence of the reported event.
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