Section 16-117.1. Transport, storage and disposal of waste containing asbestos  


Latest version.
  • (a) No person shall transport,  store  or  dispose  of  waste  containing asbestos or cause or permit any person to transport, store or
      dispose  of  such  waste, except as in accordance with the provisions of
      this section.
        (b) Waste containing asbestos shall not be  presented  for  transport,
      storage or disposal unless at the site of generation such waste is:
        (1)  wet  down in a manner sufficient to prevent all visible emissions
      of asbestos dust into the air;
        (2) sealed while wet in leak-tight containers which shall bear either:
        (i) a warning label which states:
        "CAUTION  Contains  Asbestos--Avoid  Opening  or  Breaking   Container
      Breathing Asbestos is Hazardous to Your Health", or
        (ii)  such  other warning label as may be authorized by federal law or
      regulation; and
        (3) quantitatively documented on a form approved by the  commissioner,
      expressed by either volume, weight or container (bag);
        (4) kept separate from any other waste.
        (c)  Waste  which  contains  asbestos shall not be stored unless prior
      authorization, in such form and manner as the commissioner may prescribe
      by regulation, is received from the department.
        (d) Whenever waste containing asbestos is  stored  prior  to  disposal
      such  waste  shall  be inspected not less than once in every twenty-four
      hour period so as to ensure that  there  are  no  visible  emissions  of
      asbestos dust into the air. If such inspection reveals visible emissions
      of  asbestos  dust  into  the  air,  the  waste  shall  be  wet down and
      repackaged by placing the existing container into a leak-tight container
      so as to prevent any further emissions into the air.
        e. (1) Waste containing asbestos shall be disposed of in the City only
      at sites approved by the commissioner;
        (2) in cases of asbestos disposed of in City approved disposal  sites,
      the Department of Sanitation shall indicate on the appropriate form, the
      quantity  of  asbestos  received,  expressed either by volume, weight or
      container (bag).  A  copy  of  this  form  shall  be  forwarded  to  the
      Department of Environmental Protection.
        (f)  The  commissioner  shall  have  the  authority to adopt rules and
      regulations to effectuate the purposes of this section.
        (g) (1) Any violation of this section or of  any  rule  or  regulation
      adopted  pursuant to this section shall constitute an offense punishable
      by a fine of not less than  five  hundred  dollars  and  not  more  than
      twenty-five thousand dollars, or by imprisonment not to exceed one year,
      or by both such fine and imprisonment.
        (2)  In  addition to any other criminal or civil penalty authorized by
      law, any violation of this section or any  rule  or  regulation  adopted
      pursuant  to  this section shall be punishable by a civil penalty of not
      less than five hundred dollars and not more  than  twenty-five  thousand
      dollars.  Such penalty may be recovered in a civil action brought in the
      name of the commissioner or in a  proceeding  before  the  environmental
      control board.