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(a) For the purposes of this section, "transfer station" shall mean a fill material transfer station, unless otherwise specified.
(b) No transfer station shall be operated unless it has obtained a permit pursuant to 16 RCNY § 4-07, and is in compliance with the terms thereof, this section, and any other applicable law, rule or regulation.
(c) Equipment and personnel shall be provided for the safe and sanitary receipt, tipping, sorting, processing, compaction and storage of fill material at the transfer station. Sufficient standby equipment shall be provided to ensure that no storage problem or public nuisance or condition hazardous to public health or safety is created during scheduled or unscheduled equipment maintenance, or equipment breakdown. All transfer station solid waste receipt, tipping, sorting, processing, compaction and storage areas shall include appropriate functioning fire protection equipment and aisle space.
(d) The transfer station shall comply with the applicable performance standards of the Zoning Resolution of the City of New York and the applicable provisions of the New York City Health Code, including but not limited to 24 RCNY Health Code Articles 135 and 141.
(e) A system for the sanitary disposal of sewage and waste water shall be functioning at the transfer station in accordance with the provisions of 24 RCNY Health Code Articles 143 and 145 and all applicable laws and rules governing the discharge of sewage and waste water.
(f) Cross connection control shall be in place to ensure that waste water does not mix with the drinking water at the transfer station.
(g) There shall be sufficient space at the transfer station for transport vehicles to enter and exit safely.
(h) Transport vehicles shall enter and exit the transfer station via lawful truck routes.
(i) There shall be adequate ingress and egress at the transfer station to accommodate emergency vehicles. There shall be adequate space at the transfer station to accommodate emergency vehicles.
(j) There shall be adequate ingress and egress at the transfer station to facilitate the complete inspection of the transfer station. There shall be adequate access provided to all areas of the transfer station to facilitate the complete inspection of the transfer station.
(k) All fill material transferred into and out of the transfer station shall be weighed or measured by volume. Records shall be maintained of such weights or measurements for a period of three years and included in the operational records required by subsection (p) of this section.
(l) Indoor and outdoor areas of the transfer station shall be illuminated during its hours of operation. Such illumination shall not create a nuisance.
(m) A transfer station shall be operated and maintained in a safe and sanitary manner so as to avoid any nuisance or condition hazardous to public health or safety.
(n) All equipment in use at the transfer station shall be maintained in proper working order. Equipment maintenance shall be scheduled and provided on a regular basis. Records of such maintenance shall be included in the operational records required by subsection (p) of this section.
(o) Transfer stations shall be kept free of vectors, including, but not limited to rodents, insects and other pests, and of any condition conducive to vectors. Written confirmation of at least weekly engagement of a certified exterminator shall be available at all times, and shall be included in the operational records required by subsection (p) of this section.
(p) Operational records for the transfer station including, but not limited to, all asset liability and capital and proprietary accounts, operating expenses, administrative expenses, tax returns and equipment expenses shall be maintained for a period of not less than three years. Such records shall also include a clear and legible daily log of the quantity of solid waste received and removed, specifying the point of origin and destination of the solid waste transported daily, as well as the quantity and type of material which has been brought to the transfer station for separation and/or processing. The daily log shall also include the names and addresses of the owner and/or operator of transport vehicles entering or exiting the transfer station. The daily log shall also include the weight or volume of each designated recyclable material separated by the transfer station. Such records shall be maintained on the premises and be readily available for inspection by representatives of the Department. The permittee shall submit to the Department a copy of any report required to be filed with the New York State Department of Environmental Conservation pursuant to 6 NYCRR Part 360. Any such report shall be submitted to the Department at the same time it is submitted to the New York State Department of Environmental Conservation. In addition, the permittee shall submit to the Department quarterly reports that contain the following information, calculated by weight or volume on a monthly basis: the total amount of solid waste received; the origin of the solid waste received; the destination of the solid waste removed, including a listing, by type of material, of any material recovered for recycling, reuse or sale for reuse. Quarterly reports shall be submitted on forms prescribed by or acceptable to the Department. The report for the quarter ending on March 31 shall be due on April 30; the report for the quarter ending on June 30 shall be due on July 30; the report for the quarter ending September 30 shall be due on October 30; and the report for the quarter ending December 31 shall be due on January 30.
(q) Operators of transfer stations that receive materials that are required to be recycled, reused or sold for reuse pursuant to § 16-306 of the Administrative Code of the City of New York and rules promulgated pursuant thereto, shall recycle, reuse or sell for reuse or cause to be recycled, reused or sold for reuse such materials and shall comply with such provisions of the collection rules of the Department, including as of September 30, 1993, 16 RCNY § 1-10(g), as are applicable to such transfer stations.
(r) The presence at a transfer station of any material other than fill material is prohibited.
(s) The transfer station shall not emit odors, including odors of deodorizing materials, so as to violate the performance standards of the Zoning Resolution of the City of New York or the applicable provisions of the Air Pollution Control Code of the Administrative Code of the City of New York or to create a public nuisance.
(t) Fill material shall be received, processed and stored only in the areas specifically designated in the site plan submitted pursuant to paragraph (1) of subsection (b) of 16 RCNY § 4-07. Fill material shall not be permitted to spill beyond areas in which it is permitted by this subchapter and by the site plan and engineering report submitted to the Department of Environmental Conservation pursuant to 6 NYCRR Part 360. Fill material that spills beyond the areas in which it is permitted shall be removed immediately.
(u) The permittee shall be allowed to receive at the transfer station only the specific types of fill material set forth within the permit.
(v) The permittee shall not be allowed to receive, process or store fill material in excess of the maximum allowable volume of fill material set forth within the permit.
(w) Transfer stations shall not be allowed to maintain fill material above the following heights:
(1) if all receipt, processing and storage of fill material is conducted within a completely enclosed structure at a transfer station, then the maximum pile height of fill material shall be unlimited, except as otherwise provided by state and local law.
(2) if any receipt, processing or storage of fill material is conducted at an unenclosed area of a transfer station located more than three hundred (300) feet from a residential zone, then the maximum pile height of fill material shall be forty (40) feet.
(3) if any receipt, processing or storage of fill material is conducted in an unenclosed area of a transfer station located three hundred (300) feet or less from a residential zone, then the maximum pile height of fill material shall be eight (8) feet.
(x) The total volume of fill material shall not exceed the allowable volume as stated in the permit issued pursuant to 16 RCNY § 4-07. The allowable volume of any transfer station shall be calculated by the Department and shall be based on the storage capacity (estimated in total cubic yardage) of the transfer station. In no event shall such allowable volume exceed that granted by the New York State Department of Environmental Conservation.
(y) Opaque fencing shall surround the perimeter of the unenclosed areas of the transfer station. The fencing must be equal to or greater than the following minimum heights: (1) if any receipt, processing or storage of fill material is conducted in an unenclosed area of a transfer station located more than three hundred (300) feet from a residential zone, then the minimum fence height shall be ten (10) feet; and
(2) if any receipt, processing or storage of fill material is conducted in an unenclosed area of a transfer station located three hundred (300) feet or less from a residential zone, then the minimum fence height shall be fifteen (15) feet.
(z) Equipment used in the operation of the transfer station shall be contained within the property line, and under no circumstances shall such equipment be stored on city streets, or public highways as defined in § 134 of the New York State Vehicle and Traffic Law.
(aa) All drainage systems shall be kept clean, unclogged and functioning and shall be maintained to prevent leachate and wash water from accumulating or flowing onto city streets, or public highways as defined in § 134 of the New York State Vehicle and Traffic Law.
(bb) (1) Noise levels generated by operation of and at the transfer station, including the sound of transport vehicles entering or exiting the facility shall be controlled to prevent sound levels beyond the transfer station property line from exceeding the following Leq decibel (A) weighted energy equivalent ambient sound levels:
Impacted Zones | Time of Day | |
7 a.m. - 10 p.m. | 10 p.m. - 7 a.m. | |
R1 - R3 | 62 decibels | 52 decibels |
All other residential, commercial, or manufacturing zones | 67 decibels | 57 decibels |
(2) If the existing ambient sound level, excluding any contributions from the transfer station, exceeds these limits, the operation of the transfer station shall not cause the Leq sound level to be increased;
(3) Leq is the equivalent steady-state sound level which contains the same acoustic energy as the time varying sound level during any one-hour period;
(4) The (A) weighted sound level shall be measured with the slow metering response characteristic of a sound level meter which complies with standards established by the American National Standards Institute specifications for sound level measurement; and
(5) Mufflers are required on all internal combustion-powered equipment used at the transfer station, and sound levels for such equipment must not exceed 80 dB(A) at a distance of fifty feet from the operating equipment; provided that the decibel level beyond the property line of the transfer station shall not exceed the decibel levels set forth above.
(6) Notwithstanding paragraphs (1) through (5) of this subsection, noise generated by back-up warning signals required by the United States Occupational Safety and Health Administration shall not be included in determining whether noise levels comply with this subsection.
(cc) A sign, no smaller than four feet by four feet, shall be posted at all entrances to the putrescible solid waste transfer station and shall conspicuously indicate the putrescible solid waste transfer station's hours of operation, the types of waste it accepts and does not accept, the expiration date of its permits to operate pursuant to § 16-130 of the Administrative Code and 6 NYCRR Part 360, and the Department of Sanitation's complaint telephone number.
(dd) Doors and gates allowing vehicles to enter or leave the transfer station, including any structure at such station, shall be kept closed except when vehicles are entering or leaving;
(ee) No litter or solid waste shall be allowed to accumulate on the streets or other areas abutting the transfer station.
(ff) Where a transfer station is fully or partially enclosed, exhaust air shall be vented through air filters, dust collectors, and/or other equipment which removes particulate matter and malodorous by-products.
(gg) Gasoline or diesel fuel shall not be used within a fully or partially enclosed transfer station to power any equipment unless means are provided to safely vent exhaust gases.
(hh) No transport vehicle required to be licensed or permitted pursuant to Title 20 of the Administrative Code of the City of New York shall deposit any material at or remove any material from a transfer station unless such transport vehicle is appropriately licensed or permitted.
(ii) (1) Entrance into or exit from a transfer station by a transport vehicle shall be permitted only under the supervision of an attendant, and
(2) The loading or unloading of any transport vehicle shall be continuously supervised by an attendant. The attendant shall not permit the unlawful deposit or removal of any material.
(jj) There shall be no burning of materials at a transfer station.
(kk) The transfer station shall employ effective dust control measures to ensure that dust generation is suppressed at all times.
(ll) No solid waste, construction and demolition debris, fill material, dust or other material shall be tracked from the transfer station site onto a city street, or public highway as defined in section 134 of the New York State Vehicle and Traffic Law.
(mm) Within one hundred eighty days of the effective date of the rule that added this sentence, all means of vehicular access into and out of the transfer station shall be surfaced with a material such as asphalt, concrete, 3/4 inch or larger gravel or wood planking, that shall prevent dust generation and prevent the tracking of material from inside the transfer station site onto city streets, or public highways as defined in section 134 of the New York State Vehicle and Traffic Law. Such surfacing shall extend the width of the entrance and exit and at least 20 feet into the transfer station site so that all trucks exiting must drive over this surfaced area before driving onto city streets, or public highways as defined in section 134 of the New York State Vehicle and Traffic Law.
(nn) Within one hundred eighty days of the effective date of the rule that added this sentence, a motor vehicle tire cleaning procedure shall be adopted that shall prevent the tracking of solid waste, dust or other material from the transfer station site onto a city street, or public highway as defined in section 134 of the New York State Vehicle and Traffic Law.
(oo) No stationary equipment at the transfer station that operates outdoors shall cause or permit the emission of an air contaminant of:
(1) i) A density that appears as dark or darker than number two on the standard smoke chart, or 40% opacity, or of an opacity that obscures vision to a degree equal to or greater than smoke of number two density on the standard smoke chart, or 40% opacity; or
(ii) A density that appears as dark or darker than number one on the standard smoke chart, or 20% opacity, but less than number two on said chart, or 40% opacity, or of an opacity that obscures vision to a degree equal to or greater than smoke of number one density on the standard smoke chart, or 20% opacity, but less than number two on said chart, or 40% opacity, if such an emission continues for longer than two minutes in the aggregate in any sixty minute period.
(2) The density or opacity of an air contaminant emitted from stationary equipment that operates outdoors shall be measured at the point of its emission, except that when the point of emission cannot be readily observed, it may be measured at an observable point on the plume nearest the point of emission.
(pp) No stationary equipment or nonroad motor vehicle at the transfer station that operates outdoors shall cause or permit the emission of a visible air contaminant past the transfer station property boundary.
(qq) No nonroad motor vehicle at the transfer station that operates outdoors shall cause or permit the emission of a visible air contaminant while the vehicle is stationary for longer than ten consecutive seconds.
(rr) All stationary equipment and nonroad motor vehicles at the transfer station shall be maintained properly and shall be inspected annually. All stationary equipment and nonroad motor vehicles at the transfer station that operate outdoors shall be inspected annually while in operation by an observer certified in the U.S. EPA Method 9 set forth in Title 40 Code of Federal Regulations Part 60, Appendix A-4 and trained in the U.S. EPA Method 22 set forth in Title 40 Code of Federal Regulations Part 60, Appendix A-7, to ensure the equipment is operating properly to minimize air contaminant emissions, taking into account the model year and design capabilities of the engine. A written record of the inspection and any subsequent corrective measures performed to minimize air contaminant emissions shall be filed with the Department as part of the annual permit renewal application, and shall be included in the operational records required by subsection (p) of 16 RCNY § 4-06.
(ss) The transfer station, its equipment and nonroad motor vehicles shall be subject to inspection at all times during its hours of operation. Interference with Department personnel performing any function or duty is prohibited.
(tt) The Commissioner may grant exemptions from provisions of this section, other than subsections (kk) through (rr) of this section, if he or she determines, after completion of any applicable environmental review, that granting such exemptions would not have a significant adverse effect on the environment, provided that granting such exemptions is not otherwise inconsistent with law. The duration of any such exemption shall not exceed the applicable permit term. granting such exemptions is not otherwise inconsistent with law. The duration of any such exemptions shall not exceed the applicable permit term.
The provisions of this subchapter shall be severable and if any phrase, clause, sentence, paragraph, subsection or section of this subchapter, or the applicability thereof to any person or circumstance, shall be held invalid, the remainder of this subchapter and the application thereof shall not be affected thereby.
Subchapter B: Putrescible Solid Waste Transfer Stations
When used in this subchapter:
Air contaminant. "Air contaminant" shall mean any particulate matter or any gas or any combination thereof in the open air, other than uncombined water or air.
Diesel engine. "Diesel engine" shall mean an engine that operates on or is capable of operating on diesel fuel.
Equipment. "Equipment" shall mean all implements used in the operation of the putrescible solid waste transfer station, including but not limited to motor-driven machinery.
Gasoline engine. "Gasoline engine" shall mean an engine that operates on or is capable of operating on gasoline fuel.
Intermodal solid waste container facility. "Intermodal solid waste container facility" shall mean a facility or premises served by rail or vessel at which intermodal containers are transferred from transport vehicle to transport vehicle for the purpose of consolidating intermodal containers for shipment by rail or vessel to an authorized disposal or treatment facility, where the contents of each container remain in their closed containers during the transfer between transport vehicles, and storage remains incidental to transport at the location where the containers are consolidated, and that is required to register with the Department of Sanitation pursuant to § 16-130 and § 16-131 of the Administrative Code of the City of New York and Subchapter D of this Chapter.
Non-putrescible solid waste. "Non-putrescible solid waste" shall mean solid waste, whether or not contained in receptacles, that does not contain organic matter having the tendency to decompose with the formation of malodorous by-products, including but not limited to dirt, earth, plaster, concrete, rock, rubble, slag, ashes, waste timber, lumber, plexiglass, fiberglass, ceramic tiles, asphalt, sheetrock, tar paper, tree stumps, wood, window frames, metal, steel, glass, plastic pipes and tubes, rubber hoses and tubes, electric wires and cables, paper and cardboard.
Nonroad motor vehicle. "Nonroad motor vehicle" shall mean equipment that is propelled by a diesel engine or gasoline engine in or upon which a person or material may be transported on the ground and that is used or is located at a transfer station. A nonroad motor vehicle shall include, but not be limited to, front end loaders, backhoes and bulldozers and shall not include cars, trucks or locomotives.
Opacity. "Opacity" shall mean the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
Particulate matter. "Particulate matter" shall mean any liquid, other than water, or any solid that is or tends to be capable of becoming windblown or being suspended in air.
Person. "Person" shall mean any individual, corporation, partnership, association, firm, trust, estate or any other legal entity whatsoever.
Putrescible solid waste. "Putrescible solid waste" shall mean solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products.
Putrescible solid waste transfer station. "Putrescible solid waste transfer station" shall mean any structure, building or other premises, whether improved or unimproved, at which any amount of putrescible solid waste is received for the purpose of subsequent transfer to another location, regardless of whether such putrescible solid waste is mixed with non-putrescible solid waste or is subject to any processing or reduction in volume at such structure, building or premises. Facilities permitted or exempt pursuant to 6 NYCRR Subparts 360-3 and 360-5 or their successors and intermodal solid waste container facilities are not putrescible solid waste transfer stations.
Solid waste. "Solid waste" shall mean all putrescible and non-putrescible materials or substances, other than those materials or substances described in paragraph (2) of this definition, that are discarded or rejected, including but not limited to, garbage, refuse, waste collected by any person required to be licensed or permitted pursuant to Chapter one of Title sixteen-A of the Administrative Code of the City of New York, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal. Such term shall include recyclable materials, as defined in subsection (i) of § 16-303 of Title sixteen of the Administrative Code of the City of New York.
(1) A material is discarded or rejected if it is:
(i) spent, useless, worthless or in excess to the owners at the time of such discard or rejection;
(ii) disposed of;
(iii) burned or incinerated, including material burned as a fuel for the purpose of recovering useable energy; or
(iv) accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.
(2) The following are not solid waste for the purpose of this section:
(i) domestic sewage;
(ii) any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment, except any material that is introduced into such system in order to avoid the provisions of this Rule, 24 RCNY Health Code Article 157, Title sixteen of the Administrative Code of the City of New York, or of state regulations promulgated to regulate solid waste management facilities; (iii) industrial wastewater discharges that are actual point source discharges subject to permits under Article seventeen of the Environmental Conservation Law; provided that industrial wastewaters while they are being collected, stored or treated before discharge and sludges that are generated by industrial wastewater treatment are solid wastes;
(iv) irrigation return flows;
(v) radioactive materials that are source, special nuclear, or by-product material under the Federal Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2011 et seq.;
(vi) materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process;
(vii) hazardous waste as defined in § 27-0901 of the Environmental Conservation Law, including material containing hazardous waste; and
(viii) regulated medical waste as defined in Title fifteen of Article twenty-seven of the New York State Environmental Conservation Law, in Title thirteen of Article thirteen of the New York State Public Health Law or in § 16-120.1 of the Administrative Code of the City of New York or any rules promulgated pursuant to such provisions of law.
Standard smoke chart. "Standard smoke chart" shall mean the Ringelmann chart, as published by the United States bureau of mines, photographically reduced to 1/18th in size for use in the field.
Stationary equipment. "Stationary equipment" shall mean equipment powered by a diesel engine or gasoline engine that will remain stationary during use and that is used or is located at a transfer station. Stationary equipment shall include, but not be limited to, cranes, excavators, crushers, screeners, chippers and shredders.
Transport vehicle. "Transport vehicle" shall mean any motor vehicle, rail car, vessel, or other means of transportation used to deliver solid waste into, or remove solid waste from, a putrescible solid waste transfer station.
U.S. EPA Method 9. "U.S. EPA Method 9" shall mean the United States Environmental Protection Agency method, codified at Title 40 of Federal Regulations Part 60, Appendix A-4, for use by a certified observer to visually determine the opacity of air contaminant emissions from stationary sources.
U.S. EPA Method 22. "U.S. EPA Method 22" shall mean the United States Environmental Protection Agency method, codified at Title 40 Code of Federal Regulations Part 60, Appendix A-7, for use by a trained and knowledgeable observer to visually determine the presence of and amount of time that visible air contaminant emissions occur.
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