§ 8-04 Storage Procedures.
RCNY § 8-04
No person shall store waste containing asbestos or cause or permit any person to store waste containing asbestos except in accordance with the provisions of this section.
(a)Any person storing waste containing asbestos or causing or permitting any person to store waste containing asbestos shall: (1) 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; (2) 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 a break in the container, or if such emissions or breaks occur at any other time during storage, the person storing waste containing asbestos or causing or permitting such storage shall immediately wet down or cause to wet down the waste containing asbestos and shall immediately thereafter repackage or cause to repackage 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; (3) maintain or cause to maintain a supply of spare leak-tight containers adequate to repackage any which may break during storage at each storage location; (4) maintain or cause to maintain at each storage location an adequate supply or access thereto of water treated with a wetting agent to wet down the waste containing asbestos in any leak-tight container which may break during storage; (5) keep or cause to keep such waste containing asbestos separate from any other waste; (6) where the leak-tight container used to store waste containing asbestos is breakable, such as a plastic bag, keep or cause to keep that container within an enclosed, locked area, so as to guard against random acts of entry.
(b)No person shall store or cause or permit any person to store waste containing asbestos in a quantity greater than or equal to 50 cubic yards without authorization from the Department. At least two weeks prior to the commencement of such storage, the person planning such storage or planning to cause or permit such storage shall file or cause to file a written request for authorization of such storage with the Department using as a model the form obtainable from the Department at the address set forth thereon by certified or registered mail. If the Department does not respond within two weeks to the written request for authorization then such storage is deemed authorized. Authorization does not derogate from the duty to fully comply with the provisions of this Section. Authorization from the Department, when otherwise required in this Section, is needed as to each storage location.
(1)Any person storing or causing or permitting any person to store waste containing asbestos in a quantity greater than or equal to 50 cubic yards shall: (i) keep or cause to keep at the storage site a record of each examination required by 16 RCNY § 8-04(a)(2), made contemporaneously with each such examination and signed by the individual who performed each such examination; (ii) make available or cause this record to be made available to the Commissioner at his request; and (iii) maintain or cause to maintain this record for at least one year after the waste containing asbestos has been disposed.
(2)If the work giving rise to the storage of 50 cubic yards or more of waste containing asbestos is of a sudden and emergency nature which precludes making a written request for authorization at least two weeks prior to the commencement of such work because compliance with such requirement would threaten the public health and safety due to the delay it would engender, then the person storing or causing or permitting the storage of the waste containing asbestos produced as a result of such work shall file a written request for authorization of such storage as early as possible, using as a model the form obtainable from the Department, at the address set forth thereon, by certified or registered mail.
(3)If storage of 50 cubic yards or more of waste containing asbestos commenced before the effective date of these Rules and Regulations, then a written request for authorization shall be filed by the person storing or causing or permitting such storage, using as a model the form obtainable from the agency at the address set forth thereon by certified or registered mail no later than one month after the effective date of these Rules and Regulations.
