N.Y. Comp. Codes R. & Regs. tit. 6 § 360.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 360.9 - Prohibited Activities

(a) Except as provided in sections 360.4 and 360.14 of this Part, a person or persons must not:

(1) construct or operate a facility, or any phase of it, except in accordance with a registration or a permit issued by the department; nor

(2) modify or expand any aspect of the approved construction or operation of a permitted facility in advance of receiving an approval from the department.

(b) Person(s) must not:

(1) allow the management of waste on land under their ownership, custody, or control in violation of:

(i) any provision of this Title, or the ECL;

(ii) any term or condition of any permit or registration issued pursuant to this Title;

(iii) any term or condition of any final determination or order of the commissioner made pursuant to the ECL, whether issued on consent or otherwise; or

(iv) any term or condition of any judicial order or decree, whether issued on consent or otherwise;

(2) construct or operate a facility in violation of:

(i) any provision of this Title, or the ECL;

(ii) any term or condition of any permit or registration issued pursuant to this Title;

(iii) any term or condition of any final determination or order of the commissioner made pursuant to the ECL, whether issued on consent or otherwise; or

(iv) any term or condition of any judicial order or decree, whether issued on consent or otherwise;

(3) dispose of waste, beyond initial collection, except at:

(i) a disposal facility exempt from the requirements of Parts 360 or 363 of this Title; or

(ii) a disposal facility authorized by the department to accept the waste;

(4) discard waste, beyond initial collection, except at a facility or collection event allowed under this Part and Parts 361, 362, 363, 365, or Subpart 374-2 of this Title;

(5) accept waste except at:

(i) a facility exempt from the requirements of Parts 360, 361, 362, 363, 365, or Subpart 374-2 of this Title; or

(ii) a facility authorized by the department to accept the waste pursuant to Parts 360, 361, 362, 363, 365, and Subpart 374-2 of this Title or by a department-issued or court-issued order;

(6) act as a broker or otherwise arrange for the transportation, discard or disposal of waste at a facility unless the facility is exempt from the requirements of Parts 360, 361, 362, 363, or 365 of this Title or authorized to operate through a registration or permit issued pursuant to Parts 360, 361, 362, 363, or 365 of this Title.

(c) In the case of a facility or collection event owned or operated by or on behalf of a municipality that is in violation of any provisions of this Title, in addition to any other penalties the department may assess, the department may suspend the making of payments of state assistance as provided under Part 369 of this Title.

(d) If a person fails or refuses to comply with any requirement applicable to a permitted or registered facility or collection event contained in this Title, noncompliance will constitute a violation, and, after notice and opportunity for hearing, the commissioner may modify, suspend, or revoke the authorization to operate the facility or collection event and may impose other penalties as the law may provide

(e) A person who operates, or who causes or allows the operation of a facility or collection event without a requisite permit or registration is also subject to penalties arising out of that person's failure to submit to the department all reports, plans, and other materials relating to the facility's or collection event's operation and closure identified in Parts 360, 361, 362, 363, 365, 366, or Subpart 374-2 of this Title as they pertain to the facility or collection event; and each failure will constitute a separate and distinct violation and a violation separate and distinct from the violation of operation of the facility or collection event without the requisite permit or registration.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 360.9

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023