N.Y. Comp. Codes R. & Regs. tit. 6 § 360.14

Current through Register Vol. 46, No. 41, October 9, 2024

Section 360.14 - Exempt facilities and activities

(a) While this Part or Parts 361 through 365 may exempt solid waste management activities from regulation by the department, other activities, unrelated to solid waste management, occurring at the facility identified as an exempt facility may be subject to other regulations promulgated by the department.

(b) General exemptions. In addition to exemptions provided in Parts 361 to 365 of this Title, the following facilities or activities are exempt from this Part:

(1) transfer, storage, treatment, processing, or combustion activities at the site of waste generation or at a location under the same ownership or control as the site of waste generation. For the purposes of this Part, all locations under the ownership or control of municipal agencies and departments are considered under the ownership or control of the parent municipality. This exemption does not apply to the following facilities or activities:

(i) A facility subject to regulation under Part 365 of this Title.

(ii) a composting facility for animal carcasses and parts;

(iii) a composting or other facility subject to Subpart 361-3 of this Title for municipal solid waste, sanitary waste such as biosolids and septage, or industrial waste except for food processing waste;

(iv) A mobile vehicle crusher.

(v) A person who deconstructs manufactured homes.

(vi) Storage of petroleum-contaminated soils for more than 60 days, unless a longer time period is approved by the department.

(vii) a surface impoundment for handling of coal ash or coal combustion residuals; or

(viii) a facility storing waste tires, including a waste tire generator storing waste tires.

(2) A transfer, storage, treatment, or combustion facility located at a sewage treatment plant and used in conjunction with the treatment of sewage, including acceptance of food scraps or other organics waste for addition to a digester or other device that also treats biosolids. This exemption does not include a composting or other facility subject to Subpart 361-2 or 361-3 of this Title.

(3) The storage of nonputrescible waste on a vehicle for ten days or less, provided:

(i) the property where the storage occurs is owned or leased by a transporter;

(ii) if trailers, containers and roll-offs are used, they must remain on or attached to the vehicles that transported them unless the activity is otherwise allowed by either United States Department of Transportation or section 372.3(a)(6) of this Title and meets the requirements of section 372.3(a)(7)(iii) of this Title;

(iii) no container, roll-off, trailer, or transport vehicle can be opened or uncovered for any purpose including transfer or treatment, unless the activity is otherwise allowed by either United States Department of Transportation or section 372.3(a)(6) of this Title and meets the requirements of section 372.3(a)(7) of this Title; and

(iv) if handling hazardous waste from conditionally exempt small quantity generators, the facility complies with the standards for hazardous waste discharges from transporters specified in subdivision 372.3(d) of this Title.

(4) The storage of putrescible waste on a vehicle overnight or over a weekend, provided:

(i) if containers, trailers, and roll-offs are used, they must remain on or attached to the vehicles that transported them;

(ii) no container, trailer, roll-off or transport vehicle can be opened or uncovered for any purpose, including transfer or treatment, unless otherwise allowed by United States Department of Transportation; and

(iii) storage is conducted in manner that does not cause odor.

(5) The storage of waste on a vehicle during routine transportation operations such as stops for meals, rest periods and fuel.

(6) A facility that treats wastewater that is subject to regulation under Part 750 of this Title.

(7) A rendering facility for animal or food-derived fats, oil, grease, and animal parts.

(8) Collection of pharmaceutical waste generated by a household or ultimate user, including controlled substances, by the following entities, provided there is compliance under the requirements of 21 CFR Parts 1300, 1301, 1304, 1305, 1307, and 1317, as incorporated by reference in section 360.3 of this Title, and provided that if disposal occurs in New York State, the collected pharmaceutical waste is destroyed in a municipal waste combustion facility or by another method approved by the department:

(i) Manufacturers, distributors, reverse distributors, narcotic treatment programs, hospitals/clinics with an on-site pharmacy, and retail pharmacies that collect pharmaceutical waste from ultimate users, including controlled substances, by voluntarily administering mail back programs and maintaining collection receptacles provided they have received authorization from the United States Department of Justice Drug Enforcement Administration as an authorized collector.

(ii) Federal, State, tribal or local law enforcement agencies who conduct take-back events or maintain a collection receptacle for household pharmaceuticals at their own law enforcement location.

(iii) Federal, State, tribal, or local law enforcement agencies who partner with any person or community group to conduct take-back events at a location other than their own law enforcement location.

(9) Storage alone or with transfer of less than 1,000 waste tires at any one time.

(10) Transfer of solid waste from vehicle to vehicle for the purpose of consolidating loads as part of the initial collection process, provided the transfer occurs along the collection route where the point of transfer changes from day to day and litter and spillage are prevented.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 360.14

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023