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Subpart 373-4: Facility Standards For The Collection Of Household Hazardous Waste and Hazardous Waste From Conditionally Exempt Small Quantity Generators

(Statutory Authority: Environmental Conservation Law Section 27-0900 et seq)

[Effective May 15, 2006]


[page 1 of 1]

Contents:

Sec.

§373-4.1 - Applicability

(a) This Subpart regulates the collection and subsequent storage and disposal of household hazardous waste and hazardous waste from conditionally exempt small quantity generators.

(b) Any collection program or facility which collects hazardous waste from conditionally exempt small quantity generators, as defined in Part 371 of this Title, except for those facilities which only provide ultimate disposal of these wastes without storing or processing them, must comply, at a minimum, with all requirements in this Subpart for household hazardous waste collection programs and facilities. In addition to this requirement, any person who generates or manages conditionally exempt small quantity generator hazardous waste must comply with any applicable provisions of Parts 325, 364, 371, 372, and 373 of this Title.

(c) No household hazardous waste may be separated from the solid waste stream and collected, accumulated, stored, transported, or disposed except as authorized under this Subpart.

(d) Exemptions.

(1) The storage or disposal of household hazardous waste by the household which generated it, if the household hazardous waste is unseparated from other solid waste generated from that household, is exempt from the requirements of this Subpart.

(2) The collection and disposal of solid waste from households which includes household hazardous waste, which is discarded by the household which generated it in an unseparated form, is exempt from the requirements of this Subpart.

(3) The collection, storage, transportation, and disposal of batteries which exhibit a hazardous waste characteristic must meet the applicable requirements of Subpart 374-3 of this Title.

(4) The collection, storage, transportation, and disposal of lamps which exhibit a hazardous waste characteristic must meet the applicable requirements of Subpart 374-3 of this Title.

(5) This Subpart does not apply to vehicle repair and maintenance shops that collect and manage used oil, oil filters, lead-acid batteries, antifreeze, or other automotive fluids and components from individual consumers who generate the waste by servicing their personal vehicles.

§373-4.2 - General Requirements for Collection Programs for Household Hazardous Waste

(a) Any program designed to collect or store household hazardous waste separately from other solid waste must either:

(1) receive a permit as described in section 373-4.4 and 373-4.5 of this Subpart for the collection and/or storage of household hazardous waste, or

(2) receive written approval for the program, from the Regional Director of the Department's region where the program will take place, if the program meets the requirements of section 373-4.3 of this Subpart.

(b) Any contractor, subcontractor, or other organization working on behalf of the sponsor to conduct the collection program will be bound to any and all conditions of the permit or approved collection program plan.

(c) All wastes must be transported from a collection facility under a permit to transport hazardous waste issued under Part 364 of this Title, unless:

(1) they are solely household wastes that are transported to an approved recycling facility; or

(2) they are solely household hazardous wastes that are transported up to 50 miles by the program sponsor to:

(i) a collection site or facility owned or operated by the sponsor and subject to regulation under this Subpart, or

(ii) a facility described in subdivision (g) of this section.

(d) All wastes must be properly packaged to prevent reactions, spills, or leaks, and must be labelled with the words, "Household Hazardous Waste" or "Hazardous Waste," as appropriate.

(e) No hazardous waste from conditionally exempt small quantity generators may be mixed with any other such hazardous waste which has:

(1) a different hazardous waste code, as defined in Part 371 of this Title, or

(2) a different USDOT shipping description. For the purposes of this subdivision, mixing refers only to physically pouring or blending the materials together so that they are no longer readily separable. Lab packing or other methods, used where intact containers of waste are placed together within a larger container for shipment, do not constitute mixing.

(f) The transportation of household hazardous waste from a collection or storage site must be accompanied by shipping papers. The identity of the program sponsor and date(s) of collection, as well as the volume, waste type, hazard class, and destination of the waste must be listed on the shipping document. Shipping papers or manifests which contain waste solely of household origin must be clearly marked "Household Hazardous Waste." Copies of these forms must be provided to the Department at an address designated by the Commissioner within ten business days after the shipment leaves the collection site, except that permitted facilities may provide these forms on a quarterly basis.

(g) All wastes must be reused; treated and/or disposed of at a facility which is authorized to accept hazardous waste under a permit issued pursuant to Part 373 of this Title, in interim status under Part 373 of this Title, or, if the facility is located outside New York, properly permitted or authorized to accept hazardous waste under RCRA; or recycled at an approved recycling facility.

(h) The requirements of Part 617 (SEQR) of this Title must be met.

§373-4.3 - Household Hazardous Waste Collection Day Programs

(a) The initial site used for a program to collect household hazardous waste on a not-for-profit basis is exempt from the permitting requirements of section 373-4.4 of this Subpart if:

(1) the sponsoring organization submits a detailed collection program plan at least 60 days before the date of the event and receives written approval from the Regional Director of the Department's region where the collection will take place. The plan must contain, at a minimum:

(i) measures to be taken to ensure that all such waste comes from households or conditionally exempt small quantity generators;

(ii) a specific waste determination, segregation, and packaging plan, including the identification of qualified individuals who will be present during collection hours to segregate wastes based on their chemical and physical properties and to properly package and prepare the waste for shipment. The individual's qualifications to conduct these activities must be included in the plan;

(iii) a spill prevention and control plan;

(iv) a site-specific emergency contingency plan;

(v) a site security plan, including additional precautions to be taken if wastes are to be stored overnight; and

(vi) identification of any facility which will receive the waste for storage, recycling, treatment, or disposal;

(2) all wastes are removed from the site within three daysof collection, and the site is returned to its original condition;

(3) wastes are packaged, labeled, and shipped in accordance with the requirements of section 373-4.2 of this Subpart;

(4) the program sponsor reports the results of the program to the Department on forms supplied by the Department within ten business days after the collection; and

(5) the site is not used more than 3 consecutive days or 30 days per calendar year.

§373-4.4 - Household Hazardous Waste Collection and Storage Facilities

Any site or facility used to collect and/or store household hazardous waste for more than three consecutive days, or for more than thirty days within a calendar year, must obtain a permit as described in this section. In addition to any requirements of Part 360 of this Title, the permit application must demonstrate that the requirements of this section will be met.

(a) General Facility Standards. The engineering report for an initial permit to construct and operate a household hazardous waste collection and storage facility must contain the following:

(1) General description. A description of the operation of the facility, including but not limited to:

(i) days and hours of operation;

(ii) identification of the owner/operator;

(iii) persons who will be allowed to use the facility, fees to be charged, and whether the facility will be run on an appointment or open basis;

(iv) a projection of the expected volume by type of waste to be received at the facility; and

(v) registration forms which will be used to register participating households and conditionally exempt small quantity generators.

(2) Site Plans. Site plans must include:

(i) general site layout, including traffic flow on and adjacent to the property and current land use along property borders;

(ii) identification of waste handling and storage areas, locating the specific waste types which would be managed in each area; and

(iii) location of all emergency and spill cleanup equipment.

(3) Waste Control Plan. The waste control plan must identify measures that will be taken to identify ineligible generators and unacceptable waste types, and actions that will be taken if these materials are brought to the facility.

(b) Packaging and Storage requirements.

(1) Use and Management of Containers.

(i) Condition of containers. If a container holding household hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator must transfer the waste from this container to an undamaged container or manage the waste in some other way that complies with the requirements of this Subpart;

(ii) Compatibility of waste with containers. The owner or operator must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the household hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired.

(iii) Management of containers.

('a') A container holding household hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

('b') A container holding household hazardous waste must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak.

('c') A container holding household hazardous waste must be marked with words identifying its contents, and with the date waste is first placed into the container.

(iv) Inspections. At least weekly, the owner or operator must inspect areas where containers are stored, looking for leaking containers and for deterioration of containers or the containment system caused by corrosion or other factors.

(v) Containment.

('a') Container storage areas, other than those described in clause ('b') of this subparagraph, must have a containment system that is designed and operated as follows:

('1') A base must underlay the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is detected and removed;

('2') The base must be sloped or the containment system must be otherwise designed and operated to drain and remove liquid resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids.

('3') The containment systems must have sufficient capacity to contain 10 percent of the volume of containers or the volume of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in this determination.

('4') Run-on into the containment system must be prevented unless the collection system has sufficient excess capacity, in addition to that required in subclause ('3') of this paragraph, to contain any run-on which might enter the system.

('5') Spilled or leaked waste and accumulated precipitation must be removed from the sump or collection area in a timely manner as is necessary to prevent overflow of the collection system.

('b') Storage areas that store containers holding only wastes that do not contain free liquids need not have a containment system defined by clause ('a') of this subparagraph provided that:

('1') the storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation; or

('2') the containers are elevated or are otherwise protected from contact with accumulated liquid.

(vi) Special requirements for ignitable or reactive waste. Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line.

(vii) Special requirements for incompatible wastes.

('a') Incompatible wastes, or incompatible wastes and materials must not be placed in the same container.

('b') Waste must not be placed in an unwashed container that previously held an incompatible waste or material.

('c') A storage container holding a waste that is incompatible with any waste or other material stored nearby in other containers must be separated from other materials or protected from them by means of a dike, berm, wall, or other device.

(2) Storage of household hazardous waste in tanks must be managed in accordance with the requirements of Subpart 360-6 of this Title, and at no time may incompatible or reactive wastes be placed in the tank.

(3) Waste may be stored for a period not to exceed 180 days, provided that the storage capacity of the facility is not exceeded.

(4) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including, but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specifically designated locations. "No smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

(5) At no time may reactive or incompatible wastes be mixed.

(c) Security Plan.

(1) The facility must have:

(i) a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or

(ii) ('a') an artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and

('b') a means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility).

(2) a sign with the legend "Danger - Unauthorized Personnel Keep Out", must be posted at each entrance to the active portion of the facility, and at other locations in sufficient numbers to be seen from any approach to this active portion. This legend must be written in English and legible from a distance of at least 25 feet.

(d) Inspections.

(1) The owner or operator must conduct inspections often enough to identify problems in time to prevent harm to human health or the environment, and must inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to a release of hazardous constituents.

(2) Inspection schedule.

(i) The owner or operator must develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, and responding to environmental or human health hazards.

(ii) This schedule must be kept at the facility, available for inspection by authorized Department personnel.

(iii) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.)

(iv) The frequency of inspection may vary for the items on the schedule. However, it should be based on the rate of possible deterioration of the equipment and the probability of an environmental or human health incident if the deterioration or malfunction of any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use.

(3) The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

(4) The owner or operator must record inspections in an inspection log or summary. These records must be kept for at least three years from the date of inspection. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.

(e) Recordkeeping and Reporting.

(1) Each facility must maintain the following records:

(i) For each container into which other containers of household hazardous waste are placed, a log must be used which contains the following information:

('a') beginning date of accumulation,

('b') each individual waste container within the container, its contents, volume, and date received, and

('c') the date container became full.

(ii) For each container into which consolidated household hazardous waste is placed, a log sheet must be used which contains the following information:

('a') beginning date of accumulation;

('b') date material was entered and type of material; and

('c') the date container became full.

(iii) The facility must maintain an overall waste log, which lists each container stored on site, and includes waste type, hazard class, beginning and ending accumulation dates, and location of each.

(iv) The facility must maintain inspection logs, as required by paragraph (d)(4) of this section.

(2) Copies of the logs required in paragraph (1) of this subdivision must be retained by the permittee for a period of three years after waste shipment.

(3) Copies of shipping papers or manifests must be provided to the Department, as described in subdivision 373-4.2(f) of this Subpart, and also must be retained by the permittee for a period of three years after shipment.

(4) Annually, by February 1 for the preceding calendar year, a listing of all farmers and conditionally exempt small quantity generators who delivered waste to the facility must be submitted to the Department. This listing must include each generator's name, address, phone number, date waste was received, quantity received, and waste type.

(5) Annually, by February 1 for the preceding calendar year, a year end report must be submitted to the Department which contains a summary of the facility's operations, including, at a minimum:

(i) number of household participants;

(ii) operation, transportation and disposal costs;

(iii) a summary of each incident which required implementation of the contingency plan;

(iv) total volume of household hazardous waste collected and volume and disposition of any collected materials not included in the reporting requirements of paragraph (3) of this subdivision (e.g., usable or reusable products); and

(v) any changes in hours of operation or other aspects of the facility.

(f) Preparedness and Prevention.

(1) Design and operation of facility. Facilities must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion or any unplanned sudden or non-sudden release of waste or hazardous constituents to air, soil, or surface water which could threaten human health or the environment.

(2) Required equipment. All facilities must be equipped with the following:

(i) an internal communication or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(ii) a device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;

(iii) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and

(iv) water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems.

(3) Testing and maintenance of equipment. All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

(4) Access to communications or alarm system.

(i) Whenever household hazardous waste is being collected, poured, mixed or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device either directly or through visual or voice contact with another employee.

(ii) If there is ever just one employee on the premises while the facility is operating, that employee must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance.

(5) Required aisle space. The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, and decontamination equipment to any area of facility operation in an emergency.

(g) Contingency Plan.

(1) Purpose and implementation of contingency plan.

(i) Each owner or operator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of waste or hazardous constituents to air, soil, or surface water.

(ii) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of waste or hazardous constituents which could threaten human health or the environment.

(2) Content of contingency plan.

(i) This contingency plan must include, but is not limited to:

('a') 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 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;

('b') 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;

('c') 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

('d') an evacuation plan for facility personnel, including a description of signals to be used to begin evacuation and the primary and alternate evacuation routes.

(3) Copies of contingency plan. A copy of the contingency plan and all revisions to the plan must be:

(i) maintained at the facility; and

(ii) submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.

(4) Amendment of contingency plan. All amendments to the contingency plans must be approved by the commissioner. The contingency plan must be reviewed, and immediately amended, if necessary, whenever:

(i) the facility permit is revised;

(ii) the plan fails in an emergency;

(iii) the facility changes - in its design, construction, operation, maintenance, or other circumstances - in a way that materially increases the potential for fires, explosions, or releases of waste or hazardous constituents, or changes the response necessary in an emergency;

(iv) the list of emergency coordinators changes; or (v) the list of emergency equipment changes.

(h) Personnel Training.

(1) (i) Facility personnel must successfully complete a program of classroom instruction and on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this Subpart. The owner or operator must ensure that this program includes all of the elements described in the training description required under subparagraph (4)(iii) of this subdivision.

(ii) This program must be directed by a person trained in hazardous material management procedures, and must include instruction which teaches facility personnel hazardous material management procedures (including contingency plan implementation) relevant to the positions in which they are employed.

(iii) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable:

('a') procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;

('b') communication or alarm systems;

('c') response to fires or explosions; and

('d') response to spills.

(2) Facility personnel must successfully complete the program required in paragraph (1) of this subdivision within six months after the date of their employment or assignment to the facility, whichever is later. Employees must not work in unsupervised positions until they have completed the training requirements of paragraph (1) of this subdivision.

(3) Facility personnel must take part in an annual review of the initial training required in paragraph (1) of this subdivision.

(4) The owner or operator must maintain the following documents and records at the facility:

(i) the job title for each position at the facility related to household hazardous waste management, and the name of the employee filling each job;

(ii) a written job description for each position listed under subparagraph (i) of this paragraph. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education or other qualifications, and duties of employees assigned to each position;

(iii) a written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under subparagraph (i) of this paragraph; and

(iv) records that document that the training or job experience required under paragraphs (1), (2) and (3) of this subdivision has been given to, and completed by, facility personnel.

(5) Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same organization.

(6) The permit application must contain an outline of the training program to be used at the facility and a brief description of how the training program is designed to meet actual job tasks.

(i) Closure.

(1) The owner or operator of the household hazardous waste facility must prepare a written closure plan and submit the plan with the permit application for the facility.

(2) The owner or operator must complete closure activities in accordance with the approved closure plan within 180 days after waste is last accepted at the facility.

(3) The closure plan must be amended whenever changes in the operation of the facility affect the closure plan.

§373-4.5 - Mobile Household Hazardous Waste Collection Facilities

(a) Any household hazardous waste collection program which is required to obtain a permit as described in section 373-4.4 and which, through the use of trailers, tents, and/or temporary or permanent structures, operates at a series of sites during a calendar year, may obtain a single permit for the program.

(b) An application for such permit must meet all of the requirements contained within section 373-4.4 of this Subpart. Any required information which is site-specific, including but not limited to the site plan and some elements of the contingency plan and security plan, must be included separately for each site which will be used.

(c) A schedule must be provided at least yearly to the Department which lists the dates and hours of operation at each location. The Department must be notified of additions or modifications to this schedule at least 60 days in advance.

(d) Only one site may be operated under a single permit on any single day.

(e) Additional approved sites may be added to the permit through a permit modification pursuant to Part 621 of this Title.

§373-4.6 - State Assistance for Household Hazardous Waste Collection Programs

(a) Purpose and applicability.

(1) Purpose. Title 7 of Article 54 of the Environmental Conservation Law provides state assistance payments to eligible municipalities for household hazardous waste collection programs, in addition to municipal waste reduction and recycling programs. This section applies only to municipal household hazardous waste collection programs. The purpose of this section is to establish eligibility requirements, procedures for municipalities to apply for state assistance, and procedures the department will follow to implement the state assistance program.

(2) Applicability. This section applies to applications for state assistance for household hazardous waste collection programs under the Environmental Protection Act, Title 7 of Article 54 of the Environmental Conservation Law. State assistance may be provided only for eligible costs incurred on or after April 1, 1993.

(b) Definitions. As used in this section, the following terms shall have these meanings:

(1) "Fiscal year" means a period of April 1 through March 31 of the following year.

(2) "Household hazardous waste collection program" means a collection day program approved by the department in accordance with the requirements of section 373-4.3 of this Subpart; the construction or operation of a collection and storage facility permitted in accordance with section 373-4.4 of this Subpart;, or a mobile collection facility for household hazardous waste permitted in accordance with section 373-4.5 of this Subpart.

(3) "Municipality" means a local public authority or public benefit corporation, a county, city, town, village, school district or supervisory district, Native American tribe or nation residing in New York State, or any combination thereof.

(c) Application eligibility. Any municipality located within New York State may apply for state assistance for household hazardous waste collection programs.

(d) Reimbursement eligibility. Municipalities that have entered into a contract for state assistance, as discussed in subdivision (j) of this section, will be reimbursed only if the following conditions are met:

(1) For collection day programs, a program sponsor must, within the time period provided in the state assistance contract, submit a detailed program collection plan to the department, obtain written approval to conduct the program from the department prior to the collection day, and submit a complete report after completion of the collection day in a format supplied by the department.

(2) For permitted collection and storage facilities or mobile facilities, construction of the facility must have been completed in accordance with the permit and finally accepted by the municipality.

(3) For permitted collection and storage facilities or mobile facilities, the municipality must have a permit to operate the facility during the time period for which operating cost reimbursement is sought.

(4) For a municipality that elects to accept waste pesticides from farmers meeting the requirements of paragraph 372.l(e)(3) of this Title, or hazardous waste from conditionally exempt small quantity generators, as defined in paragraph 372.l(e)(1) of this Title, the program must operate in accordance with its operating permit or approved collection program plan. However, the portion of costs incurred from the collection of waste pesticides from farmers and hazardous waste from conditionally exempt small quantity generators will not be considered eligible for reimbursement.

(e) State assistance application procedures. An eligible municipality may apply to the department for state assistance. The following elements are required for a complete application:

(1) The application must be submitted in a format supplied by the department, and must be accompanied by the following:

(i) a complete description of the proposed collection program, including estimates of participation and volumes, types, and sources of waste to be collected;

(ii) an itemized estimate of eligible collection program costs; and

(iii) a resolution, duly authorizing the municipality to submit an application for state assistance.

(2) The application must contain a description of:

(i) the suitability and feasibility of the program in relation to the area to be served;

(ii) the proportion of collected household hazardous waste planned to be reused or recycled, if applicable;

(iii) the coordination and consolidation of household hazardous waste collection programs among municipalities, if applicable;

(iv) the present and projected population to be served by the program;

(v) the use of innovative or cost-effective methods to manage the collected household hazardous waste, if applicable;

(vi) the intergovernmental arrangements integral to the program;

(vii) the non-governmental arrangements integral to the program; and

(viii) the environmental soundness of the program, including assurance that the program will meet all applicable laws, criteria, and regulations.

(3) The original application package for state assistance and two complete copies must be submitted to the address specified on the application materials.

(4) A municipality may submit one application for state assistance for all collection programs previously held or planned from April 1, 1993 through March 31, 1995. Applications for such programs must be submitted within 45 days from the effective date of these regulations.

(5) Effective April 1, 1995, a municipality may submit one application for state assistance for each state fiscal year commencing on April 1. An application is not limited to one collection program per year and must therefore include all collection program costs expected to be incurred during that year.

(6) For construction of permitted household hazardous waste collection and storage facilities or household hazardous waste mobile facilities, a municipality must submit one application for funding for the total construction cost of the facility, regardless of whether construction costs are expected to be incurred in more than one fiscal year. (See also, 373-4.6 (d)(2).)

(7) Except as provided in paragraph (4) of this subdivision, applications will be accepted by the department during April, July, October, and January of each fiscal year. Any application received by the department in a month not listed above will be considered received during the next listed month. All complete applications received by the department during the same month will be considered to have been received simultaneously.

(8) If an application or resubmission is determined by the department to be incomplete, the applicant will be so notified and the application may be revised and resubmitted. For the purposes of paragraph (7) of this subdivision, the department will consider the application to have been received on the date of receipt of resubmission if that resubmission is determined to be complete.

(f) Department review.

(1) Complete applications will be evaluated by the department and, if acceptable, will be approved for state assistance of up to 50% of eligible costs. If there are insufficient funds to provide 50% reimbursement to all applications considered to be received during the same quarterly review period, the department may either lower the percentage or set a dollar maximum on the level of funding to be provided to each municipality. This lowered percentage or dollar maximum will be the same for all municipalities that submit an application during the same month. This maximum level may be increased or decreased by the department as necessary, based on the availability of funds.

(2) Except for applications for the state fiscal years 1993-1994 and 1994-1995, all applications received during April of each fiscal year will be given that year's highest priority for funding, followed in descending order of priority by those received during July, October, and January. Available funding will be divided according to the limits established under paragraph (1) among those applications received during April. Any remaining funding will be distributed to applications received at each level of priority until funds are exhausted. Applications that have a lower priority, based on the date of receipt, may be assigned a lower level of funding due to insufficient or exhausted funds.

(3) Applications received after all funds for that fiscal year have been obligated will not be awarded funding.

(g) Eligible costs.

(1) Reasonable costs incurred in constructing a household hazardous waste collection and storage facility or mobile collection facility will be eligible for reimbursement. Eligible costs include the following, to the extent that they are necessary for actual facility construction:

(i) costs for engineering and architectural services, surveys, plans and specifications;

(ii) costs for directly related consultant and legal services;

(iii) costs for lands acquired, to the extent that the lands are used for permitted household hazardous waste collection and storage facilities; and

(iv) costs for facility construction and other approved directly related expenses.

(2) Reasonable costs related to operating household hazardous waste collection day programs or operating a household hazardous waste collection and storage facility or mobile collection facility will be eligible for reimbursement. It is not necessary that all types of household hazardous waste be collected for the collection program to be eligible. Eligible costs include the following, to the extent that they are necessary for program operation:

(i) costs for a contractor to accept, segregate, and prepare for shipment waste which is brought to the facility;

(ii) costs for transportation of wastes to approved reuse, recycling, treatment, or disposal facilities;

(iii) costs for the actual recycling, treatment, or disposal of collected wastes; and

(iv) costs for publicity, promotion, and public education directly related to an operating household hazardous waste collection program.

(h) Ineligible costs. The following costs incurred as part of the planning, construction, or operation of a household hazardous waste collection program will not be eligible for reimbursement:

(1) costs incurred to conduct a household hazardous waste collection program if it is not fully implemented in accordance with plans, reports, and permits approved by the department and all applicable sections of this Subpart;

(2) costs incurred in preparing and submitting an application for state assistance under this section;

(3) costs incurred before April 1, 1993;

(4) costs for collection and storage facilities or mobile facilities for which construction has not yet been completed (see 373-4.6(d)(2));

(5) costs defrayed by federal or other outside funding;

(6) costs incurred for the collection and disposal of waste pesticides from farmers or hazardous waste from conditionally exempt small quantity generators, as referenced in paragraph 373-4.6(d)(4) of this Subpart;

(7) costs incurred in securing required permits from the department or any other agency; and

(8) costs incurred from the collection, handling, and disposal of types of solid waste that, except under extraordinary circumstances, would not meet the definition of household hazardous waste, as defined in paragraph 370.2(b)(87) of this Title (e.g. asbestos, tires, etc).

(i) Documentation requirements. The municipality will be required to substantiate all costs for which reimbursement is sought. Adequate cost accounting records for all such force account and contracted work are required.

(j) State assistance contract. Upon approval of a state assistance application, a state assistance contract for the amount of the approved state assistance will be submitted to the municipality. The municipality must execute the contract on a timely basis. The state assistance contract will include, but is not limited to:

(1) provisions for implementation of the household hazardous waste collection program;

(2) provisions for reimbursement upon completion of the collection facilities or program;

(3) the level of state assistance to be provided; and

(4) an agreement by the municipality:

(i) to proceed expeditiously with and to complete the program as approved by the commissioner;

(ii) to operate and maintain the household hazardous waste program in accordance with applicable law and rules and regulations;

(iii) to provide for the payment of the municipality's share of the cost of the program;

(iv) to continue, upon evaluation of its effectiveness, operation of the program and not to dispose of the program or any portion thereof or change its use without the approval of the commissioner. This includes, for example, any equipment purchased with state assistance;

(v) to assume the full cost of any continued operation of the program;

(vi) to repay within one year of notification by the commissioner any state assistance payments made toward the cost of the program or an equitable portion of such monies declared appropriate by the commissioner, if the municipality:

('a') fails to complete the program as approved;

('b') fails to continue operation of the program;

('c') disposes of the program, or any portion thereof, without the prior written approval of the commissioner; or

('d') changes the use of the program, or any portion thereof, without the prior written approval of the commissioner. No repayment, however, shall be required where the commissioner determines that such failure, disposition or change of use was immediately necessary to protect public health and safety.