Digging Into DEC’s Proposed Part 360 Regulations: Part IX – Part 364 Waste Transporters, Continued

This is the ninth post in our series looking at the New York State Department of Environmental Conservation’s proposed revision and reorganization of Part 360. Today’s post will look at the final part of the proposed Part 364, Waste Transporters, namely the regulations governing permitted transporters.

Section 364-4 begins by stating “In lieu of the permit provisions provided in section 360.16…, all persons who transport regulated waste originating or terminating at a location in New York State, except those otherwise exempt or… [registered], must obtain a permit before transporting regulated waste...” In addition, transporters that ship both registration-eligible and permit-requiring waste must get a permit for all waste transportation they undertake.

Broadly speaking, a permit application requires: (1) a description of the type of waste to be transported; (2) the license plate number and registration for each transport vehicle to be used; (3) where the vehicles will be stored when not in use; (4) the name and address of all receiving facilities to be used and (5) evidence of their authorization to accept waste; (6) EPA ID if needed; (7) proof of insurance (various types); and (8) any other documentation required by DEC. The transporter must also disclose any transfer facilities it owns or operates. Once issued, a permit is valid for a year, is not subject to transfer or change of ownership, and are eligible for renewal or modification upon request. DEC may also issue temporary emergency permits at the request of law enforcement or where it deems there is an immediate threat to the public health. Finally, permits may be suspended or revoked for various reasons: failing to pay fees, failing to seek a required modification (new vehicles, etc.), violation of any rule or regulation related to the facility’s operation, the unsuitability of the applicant, and/or violation of a permit’s terms.

In regards to the actual transport of waste, 364-4 provides that transport vehicles must “include a cargo-carrying portion that is closed and secured except when loading or unloading.” Waste must be properly covered or contained to protect leaking, blowing, or discharge into the environment, and secured within the vehicle to prevent movement during transport. In addition, the driver may not leave the vehicle during loading and unloading. Transport vehicles must also identify the transporter on both sides, including placing the permit number in a color that contrasts with the background on the back and sides of the vehicle in text at least 3 inches high. Vehicles must also be marked placarded as required by the Transportation Law. Finally, there are a significant number of further regulations applying solely to the transport of biohazard waste.

The final two sets of regulation are documentation provisions. Transporters are required to keep a waste tracking document for each shipment of regulated waste. Transporters may only accept shipments that match the quantity and type on the tracking document, and may only deliver to the facility listed as the destination (except when the generator authorizes transport to another facility on the transporter permit, such as when delivery cannot be made to the listed facility). Finally, transporters must keep records for three years for every shipment, including the tracking documents, name and address of the generator, location where the waste was picked up, name and location of the receiving facility, quantity (volume or weight) and type of waste shipped, and the date of the shipment. A summary of this information must be included in the annual report mandated under Part 360.

A PDF of the full proposed Part 364- Waste Transporters regulations can be found here: http://www.dec.ny.gov/docs/materials_minerals_pdf/pt363.pdf

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