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Subpart 360-11:Transfer Stations

(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.

§360-11.1 Applicability and registration.

(a) Applicability. All solid waste transfer stations are subject to the requirements of Subpart 360-1 of this Part and to those set forth in this Subpart. Transfer stations authorized to process construction and demolition (C&D) debris must comply with the operational requirements of section 360-16.4 of this Part.

(b) Registration. The following regulated solid waste management facilities identified in this subdivision are eligible for the registration provisions of section 360-1.8(h) of this Part, rather than the permit provisions of this Part, provided all of the applicable requirements of section 360-1.8(h) and this subdivision are met.

(1) A transfer station, that is owned or operated by, or contracted by or on behalf of, a municipality, receiving less than 50,000 cubic yards or 12,500 tons of solid waste annually, provided the following additional conditions are satisfied:

(i) only household waste is accepted at the facility. No industrial waste, commercial waste, treated or untreated regulated medical waste, treated and destroyed medical waste, asbestos waste, or C&D debris shall be accepted unless specifically approved in advance in writing by the department;

(ii) a maximum of 1,000 cubic yards or 250 tons of solid waste is located on-site at any given time;

(iii) all putrescible solid waste is removed from the transfer station within seven days of receipt, unless prior written approval is received from the department;

(iv) the facility complies with the requirements of section 360-11.4(b) of this Subpart;

(v) no on-site permanent operating mechanical equipment is left unattended;

(vi) the facility operates only between the hours of sunrise and sunset, or when an attendant is on duty;

(vii) the facility is developed, operated and maintained in a safe, nuisance-free manner; and

(viii) if recyclables are handled at the facility, the facility complies with the applicable operational requirements of section 360-12.2 of this Part.

(2) A transfer station, that is owned or operated by, or contracted by or on behalf of, a municipality, receiving less than 50,000 cubic yards or 12,500 tons of containerized solid waste annually, provided the following additional conditions are satisfied:

(i) the containers are sealed and leakproof;

(ii) the solid waste is not unpackaged, mixed, or pumped from one container into another at the facility;

(iii) the containers are not opened for any reason at the facility;

(iv) the containers are removed from the transfer station within seven days of receipt, unless prior written approval is received from the department; and

(v) the facility complies with the conditions outlined in subparagraphs (1)(iv)-(viii) of this subdivision.

§360-11.2 Additional permit application requirements.

(a) Application requirements. An application for a solid waste transfer station permit must conform to the requirements set forth in section 360-1.9 of this Part and the requirements of this section. Applications for initial permits to construct and operate a solid waste transfer station must include the following:

(1) Regional plan or map. The regional plan or map must delineate the service area of the proposed transfer station.

(2) Site plan. The site plan must include:

(i) site conditions and projected site utilization, including all site structures (such as buildings, fences, gates, entrances and exits, parking areas, on-site roadways, and signs) and the location of all water supplies;

(ii) property boundaries, access roads, the locations of all surface water bodies, and 100-year floodplain boundaries;

(iii) all proposed structures and areas designated for unloading, sorting, storage, and loading, including dimensions, elevations and floor plans of these structures and areas, and the general process flow; and

(iv) adjacent properties, including the location of public and private water supplies on these properties.

(3) Engineering report. The engineering report must include:

(i) a description of the general operating plan for the proposed facility, including the origin, composition, and expected weight or volume of all solid waste to be accepted, the maximum time any such waste will be stored, where all waste will be disposed of, and the proposed capacity operating hours, and the expected life of the facility;

(ii) a description of all machinery and equipment, including the design capacity;

(iii) a proposed transfer plan specifying the transfer route, the number and type of transfer vehicles to be used, and how often solid waste will be transferred to the disposal site;

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

(v) a plan for hiring and training equipment operators and other personnel who will operate the facility; and

(vi) a contingency plan that details an alternative solid waste handling system for periods when not operating, or for delays in transporting solid waste due to undesirable conditions, such as delivery of unauthorized waste, fires, dust, odor, vectors, unusual traffic conditions, equipment breakdown or other emergencies.

(b) Other requirements. Applications for initial permits to construct and operate a transfer station at a closed landfill site may have additional requirements as determined by the department. These additional matters will be required under section 621.14 of this Title.

§360-11.3 Design requirements.

All solid waste transfer stations receiving more than either 50,000 cubic yards or 12,500 tons of solid waste annually must meet the minimum design requirements as follows:

(a) Unloading and loading areas.

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

(2) The unloading and loading pavement areas must be constructed of concrete or asphalt paving material and equipped with adequate drainage structures.

(3) Processing, tipping, sorting, storage, and compaction areas must be located within an enclosed building or covered area.

(4) Provisions must be made for weighing or measuring all solid waste transferred to the facility.

(5) Sufficient internal storage areas must be provided for incoming solid waste.

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

(7) Wheel curbs must be provided to prevent trucks from backing into pits while unloading.

(b) On-site roads.

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

(2) Where public dumping 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.

§360-11.4 Operational requirements.

In addition to the requirements of section 360-1.14 of this Part, all solid waste transfer stations must comply with the following operational requirements:

(a) Acceptable waste. Only household waste and commercial waste shall be accepted at the facility. No industrial waste, treated or untreated regulated medical waste, treated and destroyed medical waste, or construction and demolition debris shall be accepted unless specifically approved by the department.

(b) Ultimate disposal of waste. All solid waste passing through the transfer station must be ultimately treated or disposed of at a facility authorized by the department if in this State, or by the appropriate governmental agency or agencies if in other states, territories, or nations. In the case of transfer stations at which solid waste is intended to be placed on vessels, no solid waste shall be placed on a vessel not owned or operated by a city whose population exceeds one million without having first received written department approval to do so. That approval will be granted if the operator of the facility submits to the department the following: a certified copy of each permit or other authorization pertaining to the operation of the treatment or disposal facility to which the solid waste will be brought issued by each governmental entity having jurisdiction over that facility; and original letters from each jurisdiction through which that solid waste will pass, and from each jurisdiction in which that solid waste will be treated or disposed of, stating that the governmental entity does not object to the solid waste being transported through or treated or disposed of within its jurisdiction.

(c) Signs. A sign must be posted with the hours of operation and the types of solid waste accepted and not accepted at the transfer station.

(d) Public access. A transfer station with permanent operating mechanical equipment must have an attendant on duty whenever the facility is open.

(e) Control of litter, insects, odors and vectors. The transfer station must maintain a neat and orderly appearance. Blowing litter, insects and other nuisances must be controlled. The transfer station and transfer vehicles must be cleaned to prevent odors and vectors.

(f) Drainage. All floors must be free from standing water. All drainage from cleaning areas must be discharged to sanitary sewers, authorized sanitary waste treatment facilities, or a corrosion-resistant holding tank. Disposal of leachate and drainage from cleaning areas and holding tanks must be in compliance with all applicable federal and State regulations.

(g) Storage area. The transfer station must have adequate storage space for incoming solid waste.

(h) Recoverable solid waste. Transfer stations that store, collect or process recyclables must also comply with the applicable operational requirements of section 360-12.2 of this Part.

(i) Operational records. Operational records must be maintained at facilities with permanent operating mechanical equipment. These records must include a daily log of the quantity of solid waste received and transported, specifying the origin and the destination of the solid waste transported daily.

(j) Annual report. An annual report must be submitted to the department's central office and the office of the department administering the region in which the facility is located, no later than 60 days after the first day of January following each year of operation on forms prescribed by or acceptable to the department. This report must contain the total annual amount of waste received by weight or volume, compiled by waste type, the total quantity of solid waste received during each quarter, the origin of the solid waste, the destination of the solid waste, the weight or volume and type of each material recovered, and any changes in operation that have occurred in the previous year.

(k) Fire protection. Adequate fire protection equipment must be available at all times.

(l) Removal of waste. All putrescible solid waste must be removed from the transfer station whenever transfer containers are full, or within seven days of receipt, whichever comes first.

(m) Asbestos waste. Department approval is necessary prior to the acceptance of asbestos waste at a transfer station facility. The asbestos waste must have been removed and packaged in accordance with 40 CFR part 61 subparts A and M, and 29 CFR parts 1910 and 1926 (see section 360-1.3 of this Part). Asbestos waste transfer stations must also meet the following requirements:

(1) All transfer of asbestos waste must be conducted in an enclosed structure. Open air vehicle-to-vehicle transfer of asbestos waste must not occur.

(2) Such enclosed structures should be provided with systems to minimize the discharge of asbestos to the environment using the best available control technology (BACT) as defined in section 200.1(i) of this Title. Any air contamination point-source that is created as a result of such BACT system must obtain a permit pursuant to Part 201 of this Title. Any point source discharge of wastewater from such facility must be authorized pursuant to Parts 750-757 of this Title.

(3) The engineering report for the facility must include detailed operation procedures for careful handling and transferring of the asbestos waste in a manner that will avoid fiber release and damage to the containers. Compaction of asbestos at a transfer station is prohibited.

(4) The contingency plan must include a procedure to contain spills or discharges of asbestos waste from broken or damaged containers; and a procedure to decontaminate vehicles and other equipment or appurtenances that may have become contaminated with asbestos waste from a spill, discharge, or occurrence.

(5) The owner or operator of the facility must provide training specific to handling asbestos waste for all individuals involved in the operation of the facility. The training program should either meet the New York State Department of Labor asbestos waste training and education requirements contained in 12 NYCRR Part 56 or be approved by the New York State Department of Health; be provided as soon as possible after such individuals are employed at the facility; and be completed before these individuals are allowed to handle asbestos waste.

(n) Additional operational requirements. Transfer stations receiving more than either 50,000 cubic yards or 12,500 tons of solid waste annually must also comply with the following additional operational requirements:

(1) Processing areas. All processing, tipping, sorting, storage, compaction, and related activities must be conducted in an enclosed or covered area.

(2) Quantity of waste. Solid waste delivered to the facility must be weighed or otherwise measured before unloading.

(3) Facility maintenance. The facility processing area must be cleaned each day by washing or other appropriate method to prevent odors and other nuisance conditions with all residuals properly removed and disposed.