N.Y. Environmental Conservation Law 27-0909 – Standards applicable to transporters of hazardous waste
§ 27-0909. Standards applicable to transporters of hazardous waste.
Terms Used In N.Y. Environmental Conservation Law 27-0909
- Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. See N.Y. Environmental Conservation Law 27-0901
- Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources. See N.Y. Environmental Conservation Law 27-0901
- Hazardous waste: means a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may:
a. See N.Y. Environmental Conservation Law 27-0901 - Manifest: means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See N.Y. Environmental Conservation Law 27-0901
- Storage: means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. See N.Y. Environmental Conservation Law 27-0901
- Transport: means the movement of hazardous waste from the point of generation to any intermediate points and finally to the point of ultimate storage or disposal. See N.Y. Environmental Conservation Law 27-0901
- Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See N.Y. Environmental Conservation Law 27-0901
- Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section four hundred two of the federal Water Pollution Control Act, as amended (86 Stat. See N.Y. Environmental Conservation Law 27-0901
Not later than eighteen months after the effective date of this title, and after consultation and coordination with the commissioner of transportation, and after opportunity for public hearings, the commissioner shall promulgate regulations establishing such standards which shall be applicable to transporters of hazardous waste identified or listed under this title, as may be necessary to protect human health and the environment. Such standards shall include but need not be limited to requirements respecting:
1. Recordkeeping practices that accurately identify the hazardous wastes transported, and their sources and delivery points;
2. Transportation and storage of such waste only if properly labeled;
3. Compliance with the manifest system established under section 27-0905 of this title;
4. Transportation of all such hazardous waste only to the hazardous waste treatment, storage, or disposal facility or facilities which are designated on the manifest form, a copy of which shall be presented to the generator prior to transportation, and which either hold operation permits issued under this article, are a permittee under the Federal Resource Conservation and Recovery Act of nineteen hundred seventy-six or any amendments thereof, or are otherwise duly authorized to accept hazardous waste; and
5. Requirement of a bond to meet all responsibilities in case of release of hazardous wastes causing damage as a condition to the issuance of a permit to a transporter required by this title.
6. No vehicle, vehicle container, holding tank or other equipment used to transport hazardous waste shall be used in transporting any item intended for human or animal consumption unless such waste and its residue have been completely removed. The commissioner shall promulgate regulations establishing such minimum standards and procedures necessary to insure proper cleaning and removal of hazardous waste and its residue from such equipment.