§ 8-06 Transport Procedures.

No person shall transport waste containing asbestos or cause or permit any person to transport waste containing asbestos except in accordance with the provisions of this section. Any person transporting or causing or permitting transport of waste containing asbestos shall:

   (a)   ensure or cause to ensure that such waste containing asbestos has been wet down in a manner sufficient to prevent all visible emissions of asbestos dust into the air and has been sealed while wet in a leak-tight container;

   (b)   examine or cause the examination of the leak-tight container holding such waste containing asbestos not less than once in every 24 hour period (including non-work periods), so as to ensure that there are no visible emissions of asbestos dust into the air or breaks in the container. The examination shall be conducted in a manner reasonably calculated to minimize disturbance of and damage to the leak-tight container. If such examination reveals visible emissions of asbestos dust into the air or breaks in the container, or if such emissions or breaks occur at any other time during transport, the person transporting waste containing asbestos or causing or permitting the transport of waste containing asbestos shall immediately wet down or cause to wet down the waste containing asbestos and shall immediately thereafter repackage or cause to repackage the waste containing asbestos and the defective container into a leak-tight container so as to prevent further emissions of asbestos dust into the air. Such wetting down and repackaging shall be conducted in a place and manner which minimize potential exposure of the public to asbestos;

   (c)   carry or cause to carry a supply of spare leak-tight containers adequate to repackage any which may break during transport on each vehicle used to transport waste containing asbestos;

   (d)   carry or cause to carry an adequate supply of water treated with a wetting agent to wet down the waste containing asbestos in any leak-tight container which may break during transport on each vehicle used to transport waste containing asbestos;

   (e)   keep or cause to keep such waste containing asbestos separate from any other waste;

   (f)   tightly enclose or cause to tightly enclose that portion of the vehicle holding the waste containing asbestos so as to protect it from inclement weather;

   (g)   hold a valid permit issued pursuant to Section 27-0305 of the Environmental Conservation Law of the State of New York, unless he is exempted or excepted pursuant to § 27-0305;

   (h)   hold a valid permit issued pursuant to §§ 20-332 et seq. of the Administrative Code of the City of New York.

§ 8-07 Presenting for Disposal.

No person shall present for disposal waste containing asbestos or cause or permit any person to present for disposal waste containing asbestos except in accordance with the provisions of this section. Any person presenting for disposal or causing or permitting any person to present for disposal waste containing asbestos shall:

   (a)   do so only at a site approved by the Commissioner for this purpose;

   (b)   comply with or cause the compliance with all requirements of applicable Department operations orders issued pursuant to § 16-131 of the Administrative Code of the City of New York;

   (c)   ensure or cause to ensure that such waste containing asbestos has been wet down sufficiently to prevent all visible emissions of asbestos dust into the air and has been sealed while wet in a leak-tight container;

   (d)   examine or cause the examination of the leak-tight container holding such waste containing asbestos so as to ensure that there are no visible emissions of asbestos dust into the air or breaks in the container. The examination shall be conducted in a manner reasonably calculated to minimize disturbance of and damage to the leak-tight container. If such examination reveals visible emissions of asbestos dust into the air or breaks in the container the person presenting for disposal the waste containing asbestos or causing or permitting to present for disposal the waste containing asbestos shall immediately wet down or cause to wet down the waste containing asbestos and shall immediately thereafter repackage or cause to repackage the waste containing asbestos and the defective container into a leak-tight container so as to prevent further emissions of asbestos dust into the air. Such wetting down and repackaging shall be conducted in a place and manner which minimize potential exposure of the public to asbestos and which are acceptable to the Commissioner;

   (e)   keep or cause to keep the waste containing asbestos separate from any other waste.

§ 8-08 Asbestos Abandonment Prohibited.

No person shall abandon waste containing asbestos or cause or permit any person to abandon waste containing asbestos under any circumstances whatsoever.

§ 8-09 Applicability of Other Laws and Inconsistency with Them.

These Rules and Regulations do not derogate from any other duties or responsibilities existing under Federal, State or City laws. To the extent they are inconsistent, Federal and State laws shall be controlling.

§ 8-10 Severability.

If any portion of these Rules and Regulations are lawfully determined to be invalid, such determination shall not affect the validity of the remaining portions.