N.Y. Environmental Conservation Law § 27-0907: Standards applicable to generators of hazardous waste

§ 27-0907. Standards applicable to generators of hazardous waste.

Not later than eighteen months after the effective date of this title,

in a manner consistent with the state administrative procedure act, the

commissioner shall promulgate regulations establishing standards which

shall be applicable to generators of hazardous waste identified or

listed under this title, necessary to protect human health and the

environment. Such standards shall establish requirements respecting:

1. Recordkeeping practices that accurately identify the quantities of

such hazardous waste generated, the constituents thereof which are

significant in quantity or in potential harm to human health or the

environment, and the disposition of such wastes;

2. Labeling practices for any containers used for the storage,

transport, or disposal of hazardous waste which will identify accurately

such wastes, and be in conformance with federal transportation

requirements;

3. Use of appropriate containers for hazardous waste;

4. Furnishing of information on the chemical composition of such

hazardous waste to persons transporting, treating, storing, or disposing

of such wastes;

5. Use of the manifest system established under section 27-0905 of

this title to assure that all such waste generated is designated for

treatment, storage, or disposal in treatment, storage or disposal

facilities (other than facilities on the plant site where the waste is

generated) for which a permit has been issued as provided in section

27-0913 of this title; and

5-a. Each manifest shall contain a certification by the generator

that:

a. the generator of the hazardous waste has in place a program to

reduce the volume or quantity and toxicity of such waste to the degree

determined by the generator to be economically practicable or, if a

hazardous waste reduction plan is required by and reviewable under

section 27-0908 of this title, a program that meets the requirements of

that section; and

b. the proposed method of treatment, storage or disposal is that

practicable method currently available to the generator which minimizes

the present and future threat to human health and the environment.

6. Submission of an annual report to the commissioner, and additional

reports at such times as the commissioner deems necessary, respecting

a. the quantities and composition of hazardous wastes identified or

listed under this title, generated during a specified time period;

b. the disposition of all hazardous wastes reported under paragraph a

of this subdivision;

c. for each waste reported under paragraph a of this subdivision, the

efforts undertaken during the year to reduce the volume or quantity and

toxicity of waste generated;

d. for each waste reported under paragraph a of this subdivision, the

changes in volume or quantity and toxicity of waste actually achieved

during the year in question in comparison with previous years;

e. certification on the part of the generator that it has in place a

program to reduce the volume or quantity and toxicity of hazardous

wastes to the degree determined by the generator to be economically

practicable or, if a hazardous waste reduction plan is required by and

reviewable under section 27-0908 of this title, a program that meets the

requirements of that section; and

f. certification that the treatment, storage or disposal method

utilized by the generator is that practicable method currently available

which minimizes present and future threats to human health and the

environment.

7. The commissioner shall, within eighteen months after the effective

date of regulations promulgated by the department pursuant to section

27-0905 of this chapter and annually thereafter, prepare and submit a

report on the generating of hazardous wastes to the governor and

legislature. Such report shall include, but not be limited to, the

identity of generators within the state and the quantities, composition

and disposition of hazardous wastes generated in the preceding year.

Such information regarding quantities, composition and disposition shall

be presented in aggregated form by waste type as generated in each of

the department's administrative regions. The commissioner shall withhold

information on hazardous wastes pursuant to section 27-0919 of this

title in order to protect trade secrets.