§ 27-0908 — Hazardous waste reduction plans

§ 27-0908. Hazardous waste reduction plans.\n 1. When used in this section, the following terms shall have the\nfollowing definitions:\n a. "Acute hazardous waste" means any waste identified or listed as\nsuch in the regulations promulgated under section 27-0903 of this title.\n b. "Generator" means any person, by site, whose act or process\nproduces hazardous waste or whose act first causes a hazardous waste to\nbecome subject to regulation.\n c. "Hazardous waste" means any waste identified or listed as such in\nthe regulations promulgated under section 27-0903 of this title,\nincluding "acute hazardous waste".\n 2. For the purposes of this section, hazardous wastes generated by any\ncorrective action required pursuant to this title for a release from a\nhazardous waste treatment, storage or disposal facility, or by the\nremediation of an inactive hazardous waste disposal site as defined in\nsubdivision two of section 27-1301 of this article, or by the cleanup of\na release to the environment reported pursuant to article 17, 37 or 40\nof this chapter, or demolition and construction debris, or wastes which\nare otherwise subject to the requirements of this section shall not be\nincluded in the calculation of the amount of hazardous wastes generated\nby a person annually, nor shall such wastes be subject to the waste\nreduction planning requirements for this section.\n 3. a. Any generator of equal to or greater than one thousand tons of\nhazardous waste in the calendar year nineteen hundred ninety or any\nsubsequent calendar year shall prepare, implement and submit to the\ndepartment a written hazardous waste reduction plan on or before July\nfirst of the following calendar year.\n b. Any generator of equal to or greater than five hundred tons of\nhazardous waste in the calendar year nineteen hundred ninety-one or any\nsubsequent calendar year shall prepare, implement and submit to the\ndepartment a written hazardous waste reduction plan on or before July\nfirst of the following calendar year.\n c. Any generator of equal to or greater than fifty tons of hazardous\nwaste in the calendar year nineteen hundred ninety-two or any subsequent\ncalendar year shall prepare, implement and submit to the department a\nwritten hazardous waste reduction plan on or before July first of the\nfollowing calendar year.\n d. Any generator of equal to or greater than twenty-five tons of\nhazardous waste in the calendar year nineteen hundred ninety-five or any\nsubsequent calendar year shall prepare, implement and submit to the\ndepartment a written hazardous waste reduction plan on or before July\nfirst of the following calendar year.\n e. Notwithstanding any other provision of this subdivision, any\ngenerator required to hold a hazardous waste storage, treatment or\ndisposal permit for the on-site management of hazardous waste pursuant\nto section 27-0913 of this title shall prepare and submit to the\ndepartment, a written hazardous waste reduction plan on or before July\nfirst, nineteen hundred ninety-one or as part of any new permit\napplication, and shall thereafter implement the plan.\n 4. The hazardous waste reduction plan required under this section\nshall include:\n a. an identification of the amounts and types of any acute hazardous\nwaste as reported pursuant to subdivision six of section 27-0907 of this\ntitle; and an identification of the amounts and types of hazardous\nwastes generated during the previous calendar year which are either (i)\nin amounts greater than five tons or (ii) which account for at least\nninety percent of all hazardous wastes generated by such generator at\nthat facility, whichever represents the greater amount of hazardous\nwastes. For each such hazardous waste, such plan shall also include:\n (1) a description of the process, operation or activity that resulted\nin the generation of such waste;\n (2) a calculation of the amount of such waste generated per unit of\nproduction output or raw material used, or other appropriate index, or a\ndemonstration why the calculation cannot be provided; and\n (3) an estimate, and bases for such estimate, of the costs incurred\nfor managing such waste, including but not limited to, storage costs,\non-site treatment or disposal costs, transportation costs, commercial\ndisposal fees and regulatory fees or a demonstration why such\ncalculation cannot be provided.\n b. For each such waste identified pursuant to paragraph a of this\nsubdivision, an evaluation of the technical feasibility and economic\npracticability, including return on investment, of implementing waste\nreduction processes, technologies or operational changes to reduce or\neliminate the generation of such waste. Such evaluation shall consider\nthe technical feasibility and economic practicability, where applicable,\nof:\n (i) substitution of non-toxic or less toxic inputs to the production\nprocess which result in a reduction in the volume or toxicity of such\nwaste;\n (ii) reformulation or redesign of end products to eliminate production\ninputs or production processes that result in the generation of such\nwaste;\n (iii) modification or redesign of production processes, technologies\nor equipment which result in a reduction in the volume or toxicity of\nsuch waste;\n (iv) changes in materials usage, handling and storage practices,\nincluding improved inventory control, preventive maintenance, spill and\nleak prevention, and waste segregation, which will reduce the volume or\ntoxicity of such waste;\n (v) the use of closed loop reclamation, reuse or recycling processes\nor technologies which directly recycle such wastes back into the\nproduction process; and\n (vi) the use of on-site or off-site recycling technologies or\nprocesses that reduce the amount of such waste that must be treated or\ndisposed of.\n c. Establishment and description of a program for implementing\ntechnically feasible and economically practicable waste reduction\nalternatives. Such program shall include:\n (i) establishment of a general corporate, facility or organizational\nwaste reduction policy, including a statement of waste reduction goals,\nalong with a plan for communicating such policy and statement of goals\nto relevant employees and management personnel;\n (ii) a time schedule for implementing each technically feasible and\neconomically practicable waste reduction technology, process or\noperational change identified pursuant to paragraph b of this\nsubdivision;\n (iii) designation of the office or department responsible for\nimplementing the waste reduction plan;\n (iv) a method of waste reduction measurement which will provide a\nbasis for charting waste reduction trends over time; and\n (v) appropriate employee training programs to assure proper\nimplementation of the economically practicable and technically feasible\nwaste reduction alternatives identified pursuant to paragraph b of this\nsubdivision.\n d. An evaluation of the anticipated reduction, in tons or other\nappropriate measurement, in the amount of hazardous wastes produced by\nthe generator as a result of the implementation of each of the\ntechnically feasible and economically practicable waste reduction\noptions identified pursuant to paragraph b of this subdivision.\n e. An evaluation of the extent, if any, to which the implementation of\neach of the technically feasible and economically practicable waste\nreduction options identified pursuant to paragraph b of this subdivision\nmay result in the transference of hazardous wastes into any other\nenvironmental media and the environmental benefits, if any, of the waste\nreduction option resulting in such transference.\n 5. The hazardous waste reduction plan required pursuant to this\nsection shall be updated at least biennially to reflect changes in the\ntypes and amounts of hazardous wastes produced by the generator. In\npreparing such update, the generator shall evaluate or reevaluate the\ntechnical feasibility and economic practicability of waste reduction\nalternatives as required pursuant to subdivision four of this section\nfor each such waste, and, if appropriate, shall revise the schedule for\nimplementing technically feasible and economically practicable waste\nreduction alternatives; provided, that no evaluation or reevaluation\nshall be required for such wastes no longer produced by the generator.\nSuch update shall provide continuity with previously prepared plans.\n 6. As a part of its hazardous waste generator report required pursuant\nto subdivision six of section 27-0907 of this title, each generator\nrequired to prepare a hazardous waste reduction plan pursuant to this\nsection shall submit to the department an annual status report\ndescribing such generator's progress in achieving its time schedule for\nimplementing technically feasible and economically practicable waste\nreduction alternatives, pursuant to paragraph c of subdivision four of\nthis section. If such generator does not implement a waste reduction\ntechnology, process or operational change identified in such time\nschedule, the annual status report shall identify the reason such\nactivity was not implemented and include a reasonable revised time\nschedule for implementing such waste reduction alternative. If a\ngenerator determines that any method of waste reduction chosen and\nimplemented is not achieving the degree of waste reduction anticipated,\nnotwithstanding commitments made in the plan or biennial update, the\ngenerator may choose and implement another waste reduction alternative\nmore likely to achieve waste reduction. The generator shall explain such\naction in the annual status report and account for such action in the\nbiennial updates pursuant to paragraphs c, d and e of subdivision four\nof this section.\n 7. On or before January first, nineteen hundred ninety-one, the\ndepartment shall prepare and distribute a guidance manual to assist\ngenerators in complying with the requirements of this section.\n 8. The department shall review each plan submitted pursuant to this\nsection according to the schedule provided hereafter. The submission of\nsuch plan shall not be considered a permit application within\nsubdivision four of section 70-0105 of this chapter and shall not be\ndeemed to be a license application within subdivision four of section\none hundred two of the state administrative procedure act.\n a. After July first, nineteen hundred ninety-one, the department shall\nreview and may reject, in accordance with the standards set forth in\nsubdivision nine of this section, those portions of such plan which\naddress hazardous wastes which are managed in a land disposal facility.\n b. After July first, nineteen hundred ninety-three, the department\nshall review and may reject, in accordance with the standards set forth\nin subdivision nine of this section, those portions of such plan which\naddress hazardous wastes which are managed through treatment, including\nwastes managed through thermal destruction or wastes burned as fuel for\nthe purpose of recovering usable energy; and\n c. On or after July first, nineteen hundred ninety-five, the\ndepartment shall review and may reject, in accordance with the standards\nset forth in subdivision nine of this section, all plans submitted by a\ngenerator utilizing recovery, reuse or recycling, except closed loop\nrecycling directly back into the production process, as management\nmethods.\n d. Notwithstanding any other provision of law the department shall not\nbe authorized to reject any plan or biennial update for which a notice\nof deficiency pursuant to paragraph a of subdivision ten of this section\nhas not been provided to the generator within twelve months of the date\nsuch plan or biennial update was submitted.\n 9. The review of hazardous waste reduction plans conducted by the\ndepartment pursuant to the schedule set forth in subdivision eight of\nthis section shall be subject to the following standards. The department\nmay reject any plan or biennial update thereof which:\n a. fails to contain all the components required pursuant to\nsubdivision four of this section;\n b. fails to apply generally accepted engineering, scientific or\neconomic principles and practices;\n c. accomplishes waste reduction by transference to other environmental\nmedia without an environmental benefit from such transference;\n d. is inconsistent with the preferred hazardous waste management\npractices hierarchy set forth in section 27-0105 of this article;\n e. involves conduct which is prohibited by any applicable law or\nregulation;\n f. fails to provide a basis for charting waste reduction trends over\ntime;\n g. beginning with the submission of the first biennial update, fails\nto demonstrate reasonable progress in implementing those technically\nfeasible and economically practicable waste reduction alternatives\nchosen by the generator according to the time schedule developed\npursuant to paragraph c of subdivision four of this section; or\n h. beginning with the submission of the first biennial update, fails\nto demonstrate reasonable progress in waste reduction employing the\nmethods of waste reduction and calculation provided in the plan, or as\nmodified in the annual report, or fails to reevaluate the technically\nfeasible and economically practicable waste reduction alternatives as\nrequired pursuant to subdivision five of this section.\n 10. a. In proposing to reject any plan or biennial update thereof, the\ndepartment shall provide to the generator a notice detailing the\nspecific deficiencies the department has identified consistent with the\nstandards set forth in subdivision nine of this section.\n b. Upon receipt of such notice, the generator shall have up to sixty\ndays to prepare a rebuttal or to modify the plan or biennial update to\naddress the deficiencies identified in the notice and to submit such\nrebuttal or modified plan or update to the department.\n c. If the department determines that the plan or update should not be\nrejected, it shall notify the generator within thirty days of submittal\nof a rebuttal or modified plan or update. If the department determines\nthat the rebuttal or modified plan or update has not adequately\naddressed the specific deficiencies identified in the notice, or if the\nrebuttal or modified plan or update is not submitted within the time\nperiod specified in paragraph b of this subdivision, the department in\nits discretion may require further modifications, consistent with the\nspecific deficiencies identified in the notice, within a time to be\ndetermined by the department, or make a determination to reject such\nplan or update. Any determination to require further modifications shall\nbe made and provided to the generator within thirty days of submittal of\na rebuttal or modified plan or update.\n d. Immediately upon making a determination to reject a plan or\nbiennial update the department shall provide to the generator a notice\nof final rejection. Such notice of final rejection shall detail the\nspecific deficiencies consistent with the standards set forth in\nsubdivision nine of this section.\n e. Within fifteen days of the date of a notice of final rejection from\nthe department pursuant to this subdivision, a generator may request a\nhearing pursuant to article three of the state administrative procedure\nact. The department shall notify the generator of a date and place for a\nhearing, to be commenced not later than sixty days from the date of such\nnotification, unless an extension of time has been agreed to pursuant to\nparagraph j of this subdivision.\n f. The department may not require any modification to the plan or\nbiennial update or raise any issue at hearing not identified in the\nnotice of final rejection provided pursuant to paragraph d of this\nsubdivision.\n g. The certification prohibition in subdivision eleven of this section\nshall not be effective until a determination is made by the department\nafter hearing, or until time to request such hearing has expired.\n h. Any final determination of the department is reviewable pursuant to\narticle seventy-eight of the civil practice law and rules.\n i. Such review shall be commenced within the time limits set forth in\nsection two hundred seventeen of the civil practice law and rules.\n j. Any time period specified in this subdivision may be extended in\nwriting by mutual consent of the generator and the department.\n 11. Any generator who has submitted a hazardous waste reduction plan\naccording to the time schedule set forth in subdivision three of this\nsection, which plan has not been rejected by the department, is\nauthorized to make the certifications required under sections 27-0907\nand 27-0913 of this title; provided, however, that no such generator\nshall make such certifications if such plan has been rejected by the\ndepartment. These restrictions shall not apply to hazardous waste\ngenerated prior to the date the plan was rejected.\n 12. Information required to be provided to the department under this\nsection shall be subject to the provisions of section 27-0919 of this\ntitle.\n 13. On or before January first, nineteen hundred ninety-three, the\ndepartment shall prepare and present to the governor and the legislature\na report analyzing the desirability of requiring waste reduction\npursuant to this section on the part of generators of greater than\nfifteen tons and less than twenty-five tons of hazardous waste per\ncalendar year. Such report shall include the number of generators in\nthis category, the amount of wastes produced by such generators, the\nenvironmental benefit likely to be achieved, an evaluation of the\npotential economic impact on industry and a description of the\nadditional resources that the department would require to analyze and\napprove waste reduction plans submitted by this group of generators.\n 14. The department shall not impose planning and reduction\nrequirements other than those authorized pursuant to this section for\nthose hazardous wastes which are managed in a land disposal facility,\nmanaged through treatment, or managed through recovery, reuse or\nrecycling and which are subject to the requirements of this section.\nProvided however, nothing herein shall be construed to limit the\ndepartment's authority contained elsewhere in this chapter to require\nplanning and reductions in emissions, discharges or other releases.\n