N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-3.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 128-3.11 - Solid waste

(a) Siting or horizontal expansion of a junkyard or a municipal solid waste landfill, within the limiting distance of 250 feet of a watercourse or wetland, or the siting or horizontal expansion of a junkyard or a solid waste management facility within the limiting distance of 1,000 feet of a reservoir, reservoir stem or controlled lake is prohibited except for:

(1) recyclable handling and recovery facilities that handle non-putrescible solid waste, such as newspapers, magazines, corrugated boxes, glass, cans and plastic, but not non-putrescible solid waste such as batteries, car batteries, and waste oil;

(2) composting facilities for individual households for personal use; or

(3) expansion of the existing permitted municipal solid waste landfill located within Delaware County.

(b) Discharge of solid waste directly into any watercourse, wetland, reservoir, reservoir stem or controlled lake is prohibited. For purposes of this subdivision, solid waste includes materials that are otherwise exempt from compliance with Part 360 of Title 6 NYCRR, as described in section 360- 1.2(a)(4) of Title 6 NYCRR. This subdivision shall not apply to discharge of treated leachate in accordance with the requirements of these rules and regulations and a valid SPDES permit.

(c) Only construction and demolition debris that is recognizable uncontaminated concrete, asphalt pavement, brick, soil, stone, trees or stumps, wood chips, or yard waste may be used as fill in the watershed.

(d) All new solid waste management facilities, or altered or modified existing solid waste management facilities within the limiting distance of 300 feet of a watercourse or wetland, or within the limiting distance of 500 feet of a reservoir, reservoir stem, or controlled lake, are required to submit Stormwater Pollution Prevention Plans to the department for review and approval, in accordance with section 128-3.9(b)(3)(v) of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-3.11