As discussed in our most recent newsletter, the New York State Department of Environmental Conservation (“DEC”) has proposed a comprehensive revision and reorganization of Part 360, which governs the processing, transportation, storage, and disposal of solid waste. The proposed regulations would replace the existing Part 360 with series of new Parts and sub-parts organized by type the of facility at issue, with subparts reflecting the type of waste being handled. For example, Part 361 covers all types of Material recovery facilities, with Subpart 3 addressing composting and organic processing facilities and Subpart 6 covering waste tire facilities).
Based on this new organization, a facility may be subject to regulations in multiple parts simultaneously. Imagine a waste transfer station that primarily handles construction and demolition debris (“C&D”). This facility would be subject to Part 360 General Requirements, Part 362-3 Transfer Facilities, and Part 361-5 C&D Facilities. Below is a summary of some key provisions that would apply to this hypothetical facility, providing a good illustration of how the new structure combines regulations of general application with related, facility-specific regulations that complement, rather than contradict, each other:
1. All facilities must confine waste to an area that can be effectively maintained, operated, and controlled, with blowing litter confined to waste holding and operating areas by fencing or other suitable means. Any litter outside the waste holding area must be controlled.
2. All facilities must ensure dust is effectively controlled so as not to constitute a nuisance, and undertake any and all measures required by the department to maintain and control dust at and emanating from the facility.
3. To ensure only authorized waste is delivered to the facility, all facilities must inspect incoming loads of waste. Any unauthorized waste must be segregated, secured, and contained to prevent leakage, then removed by an authorized carrier within 7 days. Transfer facilities must have a program to detect and prevent receipt of hazardous waste, including random inspections of incoming loads and inspection of suspicious loads.
4. A facility may not accept waste unless the vehicle transporting it is adequately covered or the waste containerized. Vehicles leaving the facility must be similarly containerized or have, at a minimum, a mesh or fabric covering.
5. All C&D receiving, processing and sorting must be in an enclosed building unless excepted. Certain types of C&D must also be stored in enclosed spaces, and for no more than 30 days.
6. All C&D waste material delivered to and leaving a C&D facility must be weighed or otherwise measured and recorded in cubic yards and tons. Transfer stations are also required to weigh and record all waste delivered to and leaving the facility in tons.
7. All tipping, sorting, processing, compaction, storage, loading, and related activities at transfer facilities must be conducted in an enclosed building. Non-putrescible waste may be stored outdoors if stored in closed containers or covered trailers.
8. DEC personnel may enter and inspect any facility, property, premises, documents, etc. at all reasons times, locations, whether announced or unannounced, to ensure regulatory compliance.
This should provide some idea of the types of regulations facilities will be subject to, and how the regulations in different parts come together to form a comprehensive regulatory scheme. For more on the proposed Part 360 regulations, check back regularly for our forthcoming series of posts addressing each section, and occasionally sub-section, of the proposed regulations in turn.