D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

Subpart 360-16:Construction and Demolition Debris Processing Facilities

(Statutory authority: Environmental Conservation Law, Sections 1-0101, 3-0301, 8-0113,19-0301, 19-0306, 23-2305, 23-2307, 27-0101, 27-0106, 27-0107, 27-0109, 27-0305, 27-0703, 27-0704, 27-0705, 27-0911, 27-1317, 27-1515, 52-0107, 52-0505, and 70-0107)

[Effective Date December 31, 1988]

[Amendment Dates:
Revised Effective March 27, 1990; with promulgation of new Subpart 15: Grants for Comprehensive Solid Waste Management Planning.
Revised Effective May 28, 1991; With repeal of existing Subpart 9 and promulgation of new Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 25, 1992; With repeal of existing Subpart 10 and promulgation of new Subpart10: Regulated Medical Waste Storage, Transfer, and Disposal, and new Subpart 17 Regulated Medical Waste Treatment Facilities.
Revised/Enhanced Effective October 9, 1993; with adoption of amendments to existing Subparts 1 through 17
Revised Effective December 14, 1994; with adoption of amendments to existing Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 14, 1995; With repeal of existing Subpart 14 and promulgation of new Subpart 14: Used Oil.
Revised Effective November 26, 1996; With adoption of amendments to existing Subparts 1, 2, 3, 7, 11, 14, and 17

Revised Effective September 29, 1997; With adoption of amendments to existing Subpart 9
Revised Effective November 21, 1998; With adoption of amendments to existing Subpart 2
Revised Effective November 24, 1999; With adoption of amendments to existing Subparts 2, 3, 4, 5, 9, 11, 14, and 16]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 4 contents page. A list of sections in this subpart appears below.]

Contents:

Sec.

§360-16.1 Applicability.

(a) Processing and disposal. This Subpart regulates the construction and operation of construction and demolition (C&D) debris processing facilities and the use and disposal of C&D debris processed at authorized C&D processing facilities. C&D debris processed at a facility other than an authorized C&D debris processing facility is a solid waste and is no longer considered to be C&D debris and is subject to all applicable requirements of this Part. The facility may not accept putrescible material or other solid wastes mixed with C&D debris unless the facility meets the applicable requirements of Subpart 360-11 of this Part. Any mixture of solid waste and C&D debris must be disposed of at a solid waste management facility authorized by the department to accept the mixed solid waste.

(b) Exempt facilities. In addition to the exemptions provided for under subdivision 360-1.7(b) of this Part, facilities that receive and process only land clearing debris and/or unadulterated wood, wood chips, or bark from logging operations, pulp and paper production, and wood products manufacturing are exempt from regulation under this Part.

(c) Prohibition. Except as provided in this section, no person shall construct or operate a facility used to receive, treat or process C&D debris without first having obtained a permit to do so pursuant to this Part.

(d) Registration.

(1) The following regulated solid waste management facilities are subject to the registration provisions of subdivision 360-1.8(h) of this Part, rather than the permit requirements of this Part, provided all the applicable requirements of this Subpart and subdivision 360-1.8(h) of this Part are met:

(i) a facility receiving and processing only recognizable uncontaminated concrete and other masonry waste (including steel or fiberglass reinforcing embedded in concrete), asphalt pavement, brick, soil or rock that has not been in contact with a spill from a petroleum product, hazardous waste, or industrial waste, and that is not commingled with any other solid waste;

(ii) a facility receiving and processing only uncontaminated and unadulterated wood; or

(iii) a combination of the facilities listed in subdivision (b) and subparagraphs (i) and (ii) of this Subpart provided the materials of the subdivision and each subparagraph are processed and stored separately.

(2) In addition to the requirements of this subdivision, the following conditions must be satisfied:

(i) storage of all wood materials must be consistent with subdivision 360- 16.4(f) of this Subpart; and

(ii) the facility must comply with the reporting and recordkeeping requirements of subdivision 360-16.4(i) of this Subpart; and

(3) If any C&D debris or other solid waste is received at the facilities listed under paragraph (d)(1) of this section, other than the allowable material specifically listed in subparagraphs (1)(i)-(iii) of this section, the department may determine that the facility shall require a permit under this Part.

§360-16.2 Definitions.

The following terms have the following meanings when used in this Subpart:

(a) Pulverize means to process by any mechanical means such as, but not limited to crushing, grinding, chipping or shredding that breaks and intermixes the components of C&D debris into small fragments so that the basic constituents of these fragments cannot be readily identified by the department through visual observation.

(b) Screenings means the resulting material that is separated from C&D debris by passing through the openings of a screen.

(c) Uncontaminated means C&D debris that is not mixed or commingled with other solid waste at the point of generation, processing or disposal, and that is not contaminated with spills of a petroleum product, hazardous waste or industrial waste. Contamination from spills of a petroleum product does not include asphalt or concrete pavement that has come into contact with petroleum products through normal vehicle use of the roadway.

§360-16.3 Additional application requirements for a permit to construct and operate.

In addition to the requirements set forth in Subpart 360-1 of this Part, an application for an initial permit to construct and operate a C&D debris processing facility must contain the following:

(a) Regional map. A regional map (minimum scale of 1:62,500) that delineates the service area of the proposed facility (both existing and proposed); existing and proposed collection, processing and disposal operations; the location of the closest population centers; and the transportation systems including highways, airports and railways.

(b) Vicinity map. A vicinity map (minimum scale of 1:24,000) that delineates the area within one mile of the facility boundaries and shows: zoning and land use; residences; surface waters; access roads; bridges; railroads; airports; historic sites; wetlands; hospitals, police and fire stations and other existing and proposed artificial or natural features relating to the proposed project.

(c) Site plan. A site plan (minimum scale of 1:2,400) with five feet contour intervals showing existing and proposed elevation contours that delineates property boundaries and shows: the location of sensitive environmental areas, existing and proposed buildings and appurtenances; fences; gates; roads; parking areas; drainage culverts; signs; water supplies; storm water and sanitary sewage systems; adjacent properties and residences; surface water bodies; proposed facility unloading, processing and storage areas; and includes a wind rose and a north arrow. The site plan must show general dimensions of all structures and processing areas and be sufficiently detailed to allow for identification of the overall process.

(d) Engineering report. An engineering report that, in addition to the requirements of subdivision 360-1.9(e) of this Part, must include the following:

(1) a description of the waste to be accepted at the facility including its origin, composition and expected weight and volume;

(2) a flow diagram of the entire process, including all equipment and flow streams;

(3) a description of the overall operation and function of all processing equipment to be used including design criteria, capacity, anticipated performance and any process water flow diagrams;

(4) a schedule of operation, including the days and hours that the facility will be open, the preparations required prior to opening and procedures followed after closing for the day;

(5) anticipated daily traffic routes and flow to and from the facility, including the number of trips (separately presented for private and public collection vehicles);

(6) the procedure for unloading trucks (including frequency, rate and method);

(7) a description and sizing of storage facilities for processed and unprocessed C&D debris, screenings, recovered materials, process residues and unacceptable solid waste;

(8) identification of how C&D debris which cannot be beneficially used or recovered as a recyclable will be disposed of;

(9) a description of the facility's drainage system and water supply system; and

(10) identification of the maximum daily throughput of the facility as measured in tons and cubic yards.

(e) Fire protection and control. The applicant must contact the local fire marshal for requirements and recommendations for fire protection and control measures including roadways constructed for all weather conditions, storage configurations, and pre-emergency planning. The applicant must include documentation verifying that the local fire marshal has been contacted and comments made by the local fire marshal must be addressed in the contingency plan.

(f) Unloading, loading and storage areas.

(1) The unloading area must be adequate in size and design to facilitate efficient unloading from the vehicles and the unobstructed movement of vehicles.

(2) The unloading, loading and storage areas must be constructed of concrete or asphalt paving material, unless otherwise approved by the department, and equipped with adequate drainage and retention structures. A concrete or asphalt pad is not required for the separate storage of processed or unprocessed uncontaminated concrete and other masonry waste (including steel or fiberglass reinforcing embedded in concrete), asphalt pavement, brick, soil, or rock that has not been in contact with a spill from a petroleum product, hazardous waste, or industrial waste, and that is not commingled with any other solid waste.

(3) Exhaust removal systems must be installed in enclosed areas.

(g) On-site roads.

(1) The facility must be designed to accommodate expected traffic flow in a safe and efficient manner.

(2) Where public use is allowed, separate access for passenger vehicles must be provided.

(3) The road surface design must be suitable for heavy vehicles and the road base must be capable of withstanding expected loads.

(4) On-site roads must be passable by loaded collection and transfer vehicles in all weather conditions. Provisions must be made for deicing ramps.

(5) On-site roads must be kept free of waste and shall not be allowed to become a source of dust or become a nuisance or hazard to health, safety or property.

(h) Draft operation and maintenance manual. A draft operation and maintenance (O&M) manual which includes general design information, detailed operational information and instructions and includes the following specific information:

(1) A description of the proposed measures to control litter, insects, odors, dust, noise and vectors at the facility. This may include enclosing various facility operations.

(2) A staffing plan which identifies adequate staff coverage of essential positions whenever the facility is operational.

(3) A personnel training plan that details how staff will be trained regarding the operation of the facility and identifies a program that addresses the program requirements of paragraphs (a)(4) and (5) of this section.

(4) A waste control plan that, in addition to addressing the matters contained in subdivision 360-1.14(e) of this Part, includes:

(i) A plan to identify, control, separate out, record, and prevent unauthorized solid waste received at the facility from being accepted or treated at the facility. This plan must include but not be limited to:

(a) a description of how these wastes will be handled and disposed if received at the facility and must include provisions to notify the department within the annual monitoring report of receipt and disposal of such wastes;

(b) an identification of the personnel trained for this purpose;

(c) a location provided at the facility for the separation and storage of such waste;

(d) contractual requirements or other appropriate notification and inspection procedures to minimize the quantity of such waste received at the facility;

(e) a conspicuously posted sign at the entrance to the facility that specifically identifies the waste authorized to be accepted at the facility; and

(f) containers set out by the owner or operator shall specifically identify the waste authorized to be accepted by the facility.

(ii) A plan for detecting and preventing the disposal of hazardous wastes at the facility. This plan must include, but not be limited to:

(a) random inspections of incoming loads;

(b) inspections of suspicious loads;

(c) records of inspections;

(d) training of facility personnel to recognize regulated medical waste and hazardous waste; and

(e) procedures for notifying the proper authorities if a regulated medical waste or regulated hazardous waste is discovered at the facility.

(5) Contingency plan. In addition to the requirement of subdivision 360- 1.9(h) of this Part, a contingency plan detailing corrective or remedial action to be taken in the event of equipment breakdown; air pollution (nuisance odors); unacceptable waste delivered to the facility; groundwater contamination; spills; and undesirable conditions such as fires, dust, noise, vectors, and unusual traffic conditions.

(6) Closure plan. In addition to the closure requirements of subdivisions 360-1.14(w) and 360-16.4(j) of this Part, the closure plan must also identify the steps necessary to close the facility. The plan may be amended at any time during the active life of the facility, with department approval. The plan must be amended whenever changes in operating plans or facility design affect the closure plan or whenever there is a change in the expected year of closure. The permit application must contain the most recent closure cost estimate for the facility prepared in accordance with section 360-1.12 of this Part and a copy of the documentation required to demonstrate financial assurance under section 360-1.12 of this Part.

(i) Residue disposal. An identification of the solid waste management facility, and its current and future capacity, at which residue will be treated or disposed.

(j) Daily cover use. An identification of the solid waste landfills at which screenings that meet the requirements of paragraph 360-16.4(d)(1) of this Subpart will be accepted as daily cover.

§360-16.4 Operational requirements.

In addition to the requirements set forth in section 360-1.14 of this Part, the owner or operator of a C&D debris processing facility must operate in compliance with the following:

(a) O&M manual. Operation of the facility may not begin unless a draft O&M manual is first approved by the department. As a condition of the permit, a final O&M manual must be submitted and approved by the department. All activities at the facility must be performed in accordance with this final O&M manual except for that period of time from initial facility operation to the time when the department approves such final manual. During that period of time all activities at the facility must be performed in accordance with the draft O&M manual. All plans required by section 360-16.3(h) of this Subpart must be incorporated into this final O&M manual within six months of facility operation and a copy of it must be maintained and be available for reference and inspection at the facility. This manual must be updated no less frequently than at each time an application to renew a permit under this Part is submitted.

(b) Receipt and handling of waste.

(1) Only construction and demolition debris consistent with the department- approved O&M manual may be received at the facility.

(2) The owner or operator must inspect all incoming solid waste before acceptance. The facility may only accept recognizable, uncontaminated, nonpulverized C&D debris or C&D debris from other authorized C&D processing facilities. C&D debris accepted at the facility must be weighed or otherwise measured before unloading and recorded in the daily log required by paragraph (i)(2) of this section.

(3) All C&D debris passing through the facility must ultimately be recycled or be disposed of at a solid waste management facility authorized by the department if in this State, or by the appropriate governmental agency or agencies if in other states, territories or nations.

(4) All indoor C&D debris storage, processing, handling and tipping areas must include appropriate functioning fire detection and protection equipment and all outdoor C&D debris storage, processing, handling and tipping areas must include appropriate functioning fire protection equipment and aisle space as identified in section 360-16.3(e) of this Subpart.

(5) In addition to the requirements of section 360-1.14(l) and (m) of this Part, the facility must:

(i) control blowing papers and litter, insects, odors, dust, noise, vectors and other potential nuisances;

(ii) maintain the facility in a manner which prevents litter, dust and other potential nuisances and controls odors and vectors;

(iii) immediately undertake any and all measures required by the department to control blowing papers and litter, insects, odors, dust, noise, vectors and other potential nuisances, including immediate cessation of all or part of the facility operation; and

(iv) if required by the department, implement an air monitoring program as required to monitor dust, odors or other air pollutants at, and emanating from, the facility.

(c) Disposal of processed C&D debris.

(1) Pulverized C&D debris, other than metals which are magnetically separated, that is not approved by the department for use as landfill daily cover, must be disposed at a solid waste management facility authorized by the department if in this State, or by the appropriate governmental agency or agencies if in other states, territories, or nations.

(2) Pulverized C&D debris which is landfilled must be disposed of only at landfills authorized by the department to accept pulverized C&D debris.

(3) Unadulterated waste wood which is separated from C&D debris prior to any pulverization and subsequently pulverized or processed in a separate area, is exempt from paragraph (1) of this subdivision. However, there must be proper separation of materials and adequate supervision to ensure that the waste wood is unadulterated and not contaminated. The unadulterated waste wood must be used or disposed of properly. If stored, it must be stored in compliance with subdivision (f) of this section.

(4) Recognizable concrete, asphalt pavement, brick or rock which is separated from C&D debris at a C&D processing facility prior to any pulverization and subsequently pulverized or processed in a separate area, is exempt from paragraph (1) of this subdivision and may be beneficially used in accordance with section 360-1.15 of this Part or disposed of according to section 360-7.1(b)(1) of this Part and, where applicable, Subpart 360-8 of this Part. The above materials may also be transferred to a registered facility dedicated solely for the recycling of recognizable uncontaminated concrete, asphalt pavement, brick, soil or stone.

(d) Use of C&D debris as an alternative daily cover material at a landfill.

(1) Screenings. The department may approve the use of screenings separated prior to pulverizing operations at C&D debris processing facilities that only accept recognizable, uncontaminated, non-pulverized C&D debris for use as an alternative daily cover on landfills in the State, if:

(i) It can be demonstrated that the material is capable of meeting the following minimum performance criteria for daily cover material:

(a) to control and not sustain fire;

(b) to control and not contribute to odors (this may require the separation of plaster and wallboard from daily cover material);

(c) to control and not contribute to the propagation of vectors;

(d) to control and not contribute to blowing litter and dust; and

(e) to control scavenging.

(ii) The amount of fines (material passing through a number 200 sieve) in the screenings is less than 25 percent by weight (dry basis).

(iii) The organic content of the screenings is less than 15 percent by weight (dry basis).

(2) Pulverized C&D debris. The department may approve the use of pulverized C&D debris from permitted C&D processing facilities for use as an alternative daily cover material on landfills in New York State if:

(i) the pulverized C&D debris satisfies the same requirements for screenings as described in subparagraphs (1)(i)-(iii) of this subdivision; and

(ii) the pulverized C&D debris is used as daily cover only at landfills authorized by the department to accept pulverized C&D debris.

(3) Testing of C&D debris used for daily cover. All C&D debris intended to be used as daily cover must receive written department approval prior to its use as an alternative daily cover material. Facilities which recover C&D debris for use as daily cover on landfills in New York State must have a plan approved by the department which fully describes sampling and analytical procedures, including the frequency of testing, to ensure compliance with paragraph (1) of this subdivision.

(e) Beneficial uses of C&D debris.

(1) Materials separated from C&D debris, other than recyclables separated prior to pulverizing and in conformance with paragraph (f)(4) of this section or materials specifically identified in section 360-1.15 of this Part, may be reused for a specific use if a petition for a beneficial use determination pursuant to Subpart 360-1 of this Part is approved by the department.

(f) Storage requirements.

(1) Adequate storage space for incoming C&D debris must be available at the facility. Unauthorized solid waste material must be removed within 24 hours.

(2) Processed and unprocessed C&D debris may be stored uncovered at the facility for a period not to exceed 30 days. Processed or unprocessed C&D debris may be stored in enclosed or covered storage for a period not to exceed 90 days unless otherwise approved in writing by the department.

(3) Processed or unprocessed C&D debris storage piles shall not exceed 20 feet in height, and the area of the storage piles at the base of the pile shall not exceed 5,000 square feet unless otherwise authorized by the department. Piles may not be located in excavations or be below normal grade without prior written approval by the department. A minimum separation distance of 25 feet must be maintained between adjacent piles, and a minimum separation distance of 50 feet must be maintained between piles and property boundaries unless otherwise authorized by the department. Notwithstanding these requirements, minimum separation distances must also be in accordance with any more stringent requirement of the New York State Uniform Fire Protection and Building Code, Title 9(B) NYCRR and local building and fire codes.

(4) Recyclables recovered from the C&D debris may be stored up to 60 calendar days. Recyclables may be stored for a longer period of time with prior written department approval if the department finds that:

(i) there is a demonstrated need to do so (such as a market agreement with terms of receipt based on greater than 30-day intervals or volumes that may take longer than 30 days to acquire);

(ii) there is sufficient department-approved storage area;

(iii) an inventory methodology, which states the maximum time material will be stored, is used to ensure that the recyclables do not remain on the facility site for longer than specified;

(iv) the inventory methodology is approved in writing by the department before storage begins; and

(v) it is demonstrated that the storage will not affect the quality of the recyclables.

(5) The storage of recognizable uncontaminated concrete and other masonry waste (including steel or fiberglass reinforcing embedded in concrete), asphalt pavement, brick, soil or rock that has not been in contact with a spill from a petroleum product, hazardous waste, or industrial waste, and that is not commingled with any other solid waste; does not have to meet the standards set forth in paragraphs (2) and (3) of this subdivision except that piles may not be located in excavations or be below normal grade without prior written approval by the department.

(6) Screenings which meet all the requirements for an alternative daily cover material contained in paragraph (d)(1) of this section, and screenings which receive an approval of a petition for a beneficial use determination, may be stored uncovered for up to 15 calendar days.

(g) Leachate management and drainage. In addition to the requirements in section 360-1.14(b) of this Part, the site and facility must have adequate drainage, be drained and be free of standing water. All processed and unprocessed C&D debris must be stored and managed to minimize leachate production. Enclosed or covered storage may be necessary to control the production of leachate.

(h) Access. The owner or operator must restrict the presence of, and must minimize the possibility for, any unauthorized entry onto the facility. Access control must include but not be limited to a means to control entry at all times through the gates or other entrances to the facility (such as a 24 hour surveillance system which continuously monitors and controls entry, or an artificial or natural barrier). Signs, clearly legible from a distance of at least 25 feet, that read "VISITORS AND UNAUTHORIZED PERSONNEL MUST FIRST REPORT TO THE OFFICE" must be posted at each entrance to the facility and at other locations, in sufficient numbers to be seen from any approach to the facility.

(i) Reporting and recordkeeping. In addition to the requirements of sections 360-1.4(c) and 360-1.14(i) of this Part, the facility owner or operator must:

(1) Prepare and submit an annual report on forms prescribed by or acceptable to the department with the department's central office and the office of the department administrating the region within which the facility is located, no later than 60 days after the first day of January following each year or portion thereof of operation. This report must include a monthly summary of the daily records accounting for the facility total throughput and must include details of any equipment added to the facility and any occurrences which have led to change in facility procedures during that reporting period and must specify what those changes were.

(2) Maintain daily records for facility monitoring. This monitoring information must include a daily log specifying the date; signature of the individual recording the information; the quantity, description and origin of C&D debris received at the facility; the quantity and destination of recyclables sent from the facility by major category; the quantity and destination of material used as an alternative daily cover material; and the quantity and destination of C&D debris sent from the facility for disposal. These records must account for all materials handled at the facility.

(j) Closure requirements. The owner or operator must comply with the following closure requirements:

(1) The owner or operator must notify the department in writing at least 180 days before the date the facility is expected to begin closure. No C&D debris or other solid waste may be received within 30 calendar days of the date closure is expected to begin.

(2) Within 30 calendar days after receiving the final quantity of solid waste, the owner or operator must remove from the site all solid waste in accordance with the department-approved closure plan.

(3) The owner or operator must complete closure activities in accordance with the department-approved closure plan within 90 days after receiving the final quantity of solid waste.

(4) When closure is completed, the owner or operator must submit to the department certification, prepared and certified by an individual licensed to practice engineering in the State of New York, that the facility has been closed in accordance with the department- approved closure plan.

(k) On-site environmental monitors. The department may require department on- site environmental monitors on a full or part-time basis to conduct monitoring and inspections beyond those routinely performed by department personnel and beyond the routine or enhanced self- monitoring performed by the facility, site or regulated activity pursuant to department permits.

(l) Tracking document.

(1) All materials leaving a C&D debris processing facility shall be accompanied by a tracking document. This tracking document shall be in a form prescribed by or acceptable to the department. The tracking document shall indicate which C&D debris processing facility generated the material transported, who the hauler is and the intended destination of the material. Once the material has reached its destination of use or disposal, the hauler shall sign the form indicating its delivery. The owner or operator of the facility receiving the material must then sign the tracking document and return it to the generating facility within two weeks. The owner or operator of the generating facility shall maintain these tracking documents at its facility for inspection and must account for all materials leaving the facility.

(2) Additional information may be requested as part of the tracking document if determined appropriate by the department.

(3) If C&D debris is transported to another facility that further processes this material (and is subject to permitting under this Part) and subsequently transports the material to another facility, an additional tracking document is necessary for this secondary transfer.