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 360-1.9 Contents of applications, generally
(a) Initial permits and level of detail. (1) An application for an initial permit must include all applicable information identified in this Subpart and other Subparts of this Part pertaining to the type of facility for which the permit is being sought.
(2) The information in every application submitted under this Part must be of sufficient detail so as to allow the department to fulfill its responsibilities under the ECL and this Part by:
(i) having detail sufficient to be readily understood by the persons using the documents contained in the application to enable them to determine how the facility will be constructed, operated and closed and how it will be monitored and maintained after closure;
(ii) providing the department with sufficient detail to ascertain the environmental impact of the proposed project; and
(iii) providing sufficient detail to demonstrate that the design, construction, operation, closure and post-closure monitoring and maintenance of the facility will be capable of compliance with the applicable requirements of this Part.
(b) Nonspecific facilities. (1) Complete applications for initial permits to construct and operate a solid waste management facility not specifically addressed in a Subpart of this Part must include and address the following, in addition to the requirements described elsewhere in this section:
(i) an engineering report, plans and specifications that must comprehensively describe and address the project in its environmental setting and the project's design, construction, operation, closure and post-closure monitoring;
(ii) an operation and maintenance plan; and
(iii) a waste control plan.
(2) Combination facilities. Complete applications for initial permits to construct and operate a solid waste management facility having components of its intended operation addressed in different Subparts of this Part must contain:
(i) a discussion in an engineering report, plans and specifications that comprehensively describe and address the project's overall design, construction, operation, closure and post-closure monitoring; and
(ii) all those matters required to be submitted had each component been proposed to be undertaken at a separate facility, independent of the other components.
(c) Modification applications. An application to modify a permit issued pursuant to this Part must include and address the following:
(1) a description of the proposed modification;
(2) the reasons for the proposed modification;
(3) a description of the impacts from the proposed modification upon the facility as presently permitted; and
(4) a demonstration that, as modified, the facility will be capable of compliance with the applicable requirements of the ECL and this Part.
(d) Renewal applications. An application to renew a permit issued pursuant to this Part must include and address the following:
(1) unless previously submitted to and accepted by the department, all information required to be contained in an application for the initial permit;
(2) a compliance report that contains:
(i) a statement certifying that the facility's construction and operation have been undertaken in compliance with the terms and conditions of the expiring permit; or
(ii) a compliance report specifying any changes proposed by the applicant to, and detailing any changes in circumstance that may affect the design, construction, operation, closure or post-closure monitoring of the facility and describing how compliance with the applicable requirements of the ECL and this Part will be assured. (This provision is intended to assist the department in determining the proper processing of the application. The application with any such changes will be processed in accordance with Part 621 of this Title); and
(3) a description of how the facility is consistent with the State solid waste management policy identified under subdivision (1) of ECL section 27-0106.
(e) Engineering plans, reports and specifications. All engineering plans, reports, drawings and specifications must comply with the requirements of section 7209 of the Education Law, other appropriate provisions of this Part and this subdivision. Engineering plans, reports, drawings, specifications, programs and manuals submitted to the department must be prepared and certified by an individual licensed to practice engineering in the State of New York.
(1) Unless otherwise specified in this Part, the plans and drawings for all solid waste management facilities must be submitted using the following format:
(i) The sheet size with title blocks must be 22 by 34 inches or 24 by 36 inches.
(ii) The cover sheet must include the project title, applicant's name, sheet index, legend of symbols, and the engineer's name, address, signature, date of signature and seal.
(iii) The plans relating the project to its environmental setting must include:
(a) a regional plan or map (having a minimum scale of 1:62,500);
(b) a vicinity plan or map (having a minimum scale of 1:24,000); and
(c) an overall site plan (having a minimum scale of 1:2,400 with five-feet minimum contour intervals).
(2) Site plans must contain the location of all property boundaries certified by an individual licensed to practice land surveying in the State of New York.
(3) The engineering reports for all solid waste management facilities must:
(i) contain a cover sheet stating the project title and location, the applicant's name, and the engineer's name, address, signature, date of signature and seal;
(ii) have its text printed on 8 1/2 by 11 inch pages (paginated consecutively);
(iii) contain a table of contents or index describing the body of the report and the appendices;
(iv) include a body of report; and
(v) include all appendices.
(4) The engineering report submitted with a permit application for the construction of a solid waste management facility must:
(i) demonstrate an ability to operate in accordance with the applicable requirements of the ECL, section 360-1.14 of this Subpart and the Subpart of this Part pertaining to such a facility;
(ii) identify the facility's proposed service area;
(iii) for all applications submitted before April 1, 1989, demonstrate that the project is consistent with the applicable goals and objectives of solid waste management plans in the proposed service area of the facility and of the New York State Solid Waste Management Plan in effect at the time of permit application;
(iv) for all applications submitted after April 1, 1989, describe how the proposed facility is consistent with the State solid waste management policy identified in section 27-0106 of the ECL;
(v) for applications submitted by or on behalf of a municipality in a planning unit after April 1, 1991, demonstrate that the proposed facility is consistent with the local solid waste management plan in effect for the municipality; and
(vi) for applications which are not submitted by or on behalf of a municipality in a planning unit, include an assessment of the proposed facility's impact on the local solid waste management plans, if any, of the planning unit in which the facility is located and the planning units from which solid waste is expected to be received.
(5) Appendices submitted as part of an engineering report submitted with an application to construct or expand a solid waste management facility must contain, where required under the applicable Subpart:
(i) appropriate charts and graphs;
(ii) copies of record forms used at the facility;
(iii) test pit logs, soil boring logs and geological information (such as stratigraphic sections, geophysical and geochemical surveys and water quality analyses);
(iv) engineering calculations (including the raw data from which they were made);
(v) where State funds are anticipated, copies of contracts between the municipality and the architect/engineer; and
(vi) other supporting data, including literature citations.
(f) Comprehensive recycling analysis. In the case of applications that are submitted by or on behalf of a municipality for initial permits to construct and operate or to renew a permit (unless otherwise determined by the department) for a landfill (other than one exclusively for ash residue, clean fill or construction and demolition debris), a solid waste incinerator (other than one used exclusively to incinerate regulated medical waste), a refuse-derived fuel processing facility, a construction and demolition debris processing facility, a mixed solid waste composting facility or a transfer station, (other than one used exclusively for transfer of regulated medical waste), the applicant must submit as part of a complete application a comprehensive recycling analysis, unless (for the service area for the proposed facility) such an analysis had been previously submitted and approved by the department; or a local solid waste management plan is in effect that addresses all components of such an analysis. The comprehensive recycling analysis must include the following:
(1) Identification of the actual or estimated quantity of recyclables, by type, that could potentially be recovered (whether or not feasible at the time of application), reflecting the State's solid waste management policy identified in section 27-0106 of the ECL and (for applications submitted before April 1, 1989) the goals and objectives of the New York State Solid Waste Management Plan in effect at the time of permit application. This identification must be determined by means of the following:
(i) an analysis of the composition (i. e., quantity and characteristics) of the solid waste presently generated within the facility's service area and projections for future waste generation including data which accounts for seasonal variations. This analysis may be based upon applicable published information. These projections must include a year-by-year evaluation of the solid waste stream generation for the expected life of the project;
(ii) an identification and evaluation of the types of solid waste contained in the overall waste stream (such as newsprint, corrugated and other grades of paper, glass, aluminum, ferrous and nonferrous metals, construction and demolition debris, rubber, tires, batteries, plastics, yard wastes) and, if the application pertains to a solid waste incinerator, (its residue) that could be reused, recovered as recyclables or composted; and
(iii) a description of the various strategies to achieve a reduction in the amount of solid waste destined for disposal including, but not limited to residential source separation and collection, intermediate processing, industrial and commercial recyclables recovery efforts, composting, and public education efforts describing the benefits of reuse and recyclables recovery.
(2) An evaluation of existing efforts to recover recyclables. This evaluation must include the following:
(i) identification of existing municipal, commercial, industrial and private efforts to recover recyclables. Data must include quantity and types of recyclables recovered, and a description of recyclables recovery programs used; and
(ii) an assessment of the impact of the proposed recyclables recovery effort on existing recyclables recovery programs.
(3) Identification of available and potential markets for recovered recyclables. This identification must be determined by means of the following:
(i) a review of available information to identify potential markets;
(ii) a survey of potential markets for recovered recyclables, an identification of all local and regional markets contacted, and the results of the survey. Survey data also must include material quality requirements and market pricing structures, if available;
(iii) an identification of the types of processing necessary for separation and upgrading of recovered recyclables to assure market acceptance;
(iv) an identification of market services available for assistance in preparation and transportation of recovered recyclables; and
(v) an identification of current and future restrictions to market development.
(4) Identification of alternative source separation/recyclables recovery programs considered, the proposed program and reasons for selection of the proposed program. This must contain the following:
(i) if a solid waste incinerator is the subject of the application, an engineering analysis of the Btu value of the solid waste before and after recyclables recovery for the proposed life of the project to determine if increases in recyclables recovery activities will necessitate changes in facility size and capacity; and
(ii) full documentation of the relationship between the solid waste incinerator, processing facility, or landfill size and capacity, the size and capacity of the selected recyclables recovery program and the effect of the implementation of that recyclables recovery program over the life of the solid waste management facility in question.
(5) Recyclables recovery program implementation in terms of:
(i) a detailed description of the procedures for implementation of the selected recyclables recovery program including: plan and scope of operation, equipment to be used, collection arrangements, processing and storage procedures, market agreements, funding sources, the entity responsible for program operation and management, and the availability of staff for program implementation;
(ii) the inclusion of a schedule with specific dates for implementation of the selected program (including dates to attain specified, progressively increasing percentages of the waste stream that will be recovered as recyclables) and a description of the proposed service area to be included in the selected program;
(iii) the inclusion of actions to be taken to maximize, to the extent practicable, the development and enhancement of economic markets for recyclables recovered within the service area under local laws or ordinances adopted or to be adopted under section 120-aa of the General Municipal Law; and
(iv) identification of the specific public relations and education programs to be undertaken for implementation of the recyclables recovery program.
(6) Legal/institutional analysis, including:
(i) an identification of the laws, rules, regulations, or ordinances which could cause potential constraints to the selected recyclables recovery program; and
(ii) the inclusion of a schedule and description of appropriate local laws or ordinances, if any, that must be adopted to facilitate the implementation of the selected recyclables recovery program and to develop and enhance economic markets for recyclables recovered within the service area.
(7) A discussion of possible future actions in the facility's service area to further the objectives of the State's solid waste management policy identified in section 27-0106 of the ECL. This discussion must include:
(i) a discussion pertaining to the scope of existing or new recyclables recovery programs;
(ii) after completing an engineering analysis as required by paragraph (4) of this subdivision, a determination that the facility has been properly sized, taking into account the potential for recyclables recovery and expanding the facility's service area;
(iii) a discussion of other means of program enhancement to promote recyclables recovery; and
(iv) a discussion of procurement practices to encourage the use of products containing recyclables.
(g) Inactive hazardous waste disposal and corrective action sites. (1) If the facility is proposed to be located at an inactive hazardous waste disposal site classified as Class 1, 2, 3 or 4 in the department's Registry of Inactive Hazardous Waste Disposal Sites; or if it is proposed to be located next to one and less than 150 feet separate the boundary of the facility and the border of the classified site that abuts the facility boundary, the applicant must submit as part of a complete application sufficient information to allow the department to determine whether the proposed activity would interfere significantly with any potential, ongoing or completed inactive hazardous waste disposal site remedial program at the classified site or would expose the environment or public health to a significantly increased threat of harm. This information must be submitted in the form of a report prepared by an individual licensed to practice engineering in the State of New York, in which that individual concludes and substantiates that the proposed activity will neither interfere significantly with any potential, ongoing or completed inactive hazardous waste disposal site remedial program at the classified site, nor expose the environment or public health to a significantly increased threat of harm. That report must include, but is not limited to, the following:
(i) a general description of the hydrogeologic setting, including descriptions of the geology in the vicinity of the inactive hazardous waste disposal site, the occurrence of ground water in the vicinity of the site, the direction of ground water flow, and the extent and direction of movement of the contaminant plume, if any;
(ii) descriptions and evaluations of the effectiveness of any remedial actions taken to date at the classified site and/or discussions and preliminary evaluations of appropriate alternative remedial programs or supplemental remedial programs that would provide the required remediation of the classified site;
(iii) a discussion of the effects the proposed activity may have on any completed remediation and a discussion of the constraints the proposed activity may have on the alternative or supplemental remedial programs conceptualized in subparagraph (ii) of this paragraph, including: preclusion of alternatives and the availability of sufficient land to implement, monitor, operate, maintain and modify, if necessary, an alternative remedial programs; and
(iv) in the case only of a landfill proposed to be located at a Class 1 or 2 inactive hazardous waste disposal site, or next to one where less than 150 feet separate the boundary of the facility and the border of the classified site that abuts the facility boundary, a detailed and data-supported assessment of the hydrogeological and environmental effects that the landfill will have on the remediation of the inactive hazardous waste disposal site during the landfill's operating life and post-closure period. This assessment must include modeling acceptable to the department and also must include, but not be limited to the following: behavior of the ground water flow system under anticipated seasonal and long-term fluctuations of ground water recharge and discharge (including any ground water withdrawals associated with remediation of the inactive hazardous waste disposal site or construction of the proposed landfill), the transport and fate of contaminants in the subsurface (with particular emphasis on ground water resources or users), the ongoing monitorability of the proposed landfill and the inactive hazardous waste disposal site, the continued effectiveness of remediation, and any other factors which may bear on the assessment of risk to public health and the environment from any reciprocal effects between the proposed landfill and the inactive hazardous waste disposal site.
(2) If a new facility or an expansion of an existing facility is proposed to be located at an inactive hazardous waste disposal site classified 2a in the department's Registry of Inactive Hazardous Waste Disposal Sites, or is proposed to be located next to such a site where less than 150 feet separate the boundary of the facility and the border of the classified site that abuts the facility boundary, the applicant must submit as part of a complete application, sufficient information to enable the department to classify the site in question as Class 1, 2, 3, 4 or 5 or to delete the site from the Registry. This information must be submitted in a report prepared by an individual licensed to practice engineering in the State of New York in which that person recommends and substantiates the proposed classification of the site or the deletion of the site from the Registry. That report must include, but is not limited to, the following:
(i) preliminary characterizations of hazardous waste present at this site;
(ii) identification of potential pathways of pollutant migration from this site;
(iii) a description of how the disposal area was used or operated at the time hazardous waste was or may have been disposed of;
(iv) identification of the source of the hazardous waste that was, or is suspected to have been, deposited at the site; and
(v) any additional information the department may request, including but not limited to geochemical or soil-gas investigations, geophysical survey using electronic and electromagnetic equipment and remote sensing analysis to study the geology of the site and to identify possible areas with buried drums or tanks or possible paths of contaminated plumes, and a sampling and analysis of samples from ground water, surface water, sediments, lagoons and remaining wastes.
(3) If, after evaluating the information submitted pursuant to paragraph (2) of this subdivision, the department classifies the site described in that paragraph as Class 1, 2, 3 or 4 in the department's Registry of Inactive Hazardous Waste Disposal Sites, the commissioner shall not issue a decision on whether the permit shall be issued unless the applicant submits sufficient information to allow the department to determine whether the proposed activity would interfere significantly with any potential, ongoing or completed inactive hazardous waste disposal site remedial program at the classified site or would expose the environment or public health to a significantly increased threat of harm. This information must be submitted in the form of the report described in paragraph (1) of this subdivision.
(4) The requirements of paragraphs (1)-(3) of this subdivision do not apply if the classified site is delisted from the department's Registry of Inactive Hazardous Waste Disposal Sites or reclassified as Class 5 on that Registry.
(5) If the facility is or is proposed to be located at a site subject to corrective action under title 9 of ECL, article 27 or if it is or is proposed to be located next to such a corrective action site and less than 150 feet separate the boundary of the facility and the border of the corrective action site that abuts the facility boundary, the applicant must submit as part of a complete application sufficient information to allow the department to determine whether the proposed activity would interfere significantly with any potential, ongoing or completed corrective action or would expose the environment or public health to a significantly increased threat of harm. This information must be submitted in the form of the report described in paragraph (1) of this subdivision.
(h) Contingency plan. Every application for a permit identified in this Part must include a contingency plan. (1) This contingency plan must include, but is not limited to:
(i) a description of arrangements between the applicant and local police departments, fire 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 solid 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;
(ii) 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;
(iii) 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
(iv) an evacuation plan for facility personnel, including a description of signals to be used to begin evacuation and of the primary and alternate evacuation routes.
(2) Additional requirements for such a plan for specific types of solid waste management facilities are found in the Subpart pertaining to the type of facility in question.
(i) Signature and verification of applications. (1) All applications for permits must be accompanied by evidence of authority to sign the application and must be signed by the applicant as follows:
(i) in the case of corporations, by a duly authorized principal executive officer of at least the level of vice president;
(ii) in the case of a partnership or limited partnership, by a general partner;
(iii) in the case of a sole proprietorship, by the proprietor; or
(iv) in the case of a municipal, State, or other governmental entity, by a duly authorized principal executive officer or elected official.
(2) Applications must be sworn to by, or on behalf of, the applicant, in respect to the veracity of all statements therein; or must bear an executed statement by, or on behalf of, the applicant as provided in section 210.45 of the Penal Law to the effect that false statements made therein are made under penalty of perjury.
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