SubChapter I - Environmental Health

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Part 70 - Regulated Medical Waste

Effective Date: 
Wednesday, March 15, 2006
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Statutory Authority: 
Public Health Law, Sections 1389-bb and 1389-ff, as amended by Chapter 438 of the Laws of 1993

SubPart 70-1 - Application and Definitions

Effective Date: 
Wednesday, March 15, 2006
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Section 70-1.1 - Application

70-1.1 Application. The requirements of this Part shall apply to hospitals, residential health care facilities, and diagnostic and treatment centers (see section 2801 of the Public Health Law) and clinical laboratories (see section 571 of the Public Health Law).

Effective Date: 
Wednesday, March 15, 2006
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Complete

Section 70-1.2 - Definitions

70-1.2 Definitions. Whenever used in this Part, unless the context of this Part clearly requires otherwise, the following terms shall have the following meanings:

(a) "Alternative regulated medical waste treatment system" shall mean a device, method, and/or technology approved by the Commissioner of Health pursuant to Subpart 70-5 of this Part for the treatment of regulated medical waste.

(b) "Autoclave" shall mean a device for decontaminating and/or sterilizing materials through exposure to steam under pressure for periods of time prescribed in Subpart 70-3 of this Part.

(c) "Biologicals" shall mean any preparations derived from a living organism and/or its products including, but not limited to, sera, nonviable vaccines, vaccines attenuated in a manner that prevents propagation, antigens, toxins and antitoxins, for use in diagnosis, immunization, or treatment of human beings or animals.

(d) "Certificate of treatment" shall mean a form prescribed by the Commissioner of Health to document treatment of regulated medical waste, signed by a person authorized by an on-site or off-site treatment facility to attest to such treatment.

(e) "Challenge testing" shall mean monitoring testing or procedures periodically conducted at the installation site of a treatment system to demonstrate continued operation under conditions established by efficacy testing for an alternative regulated medical waste treatment system, or, for an autoclave, to verify continued effective treatment of regulated medical waste.

(f) "Clinical laboratory" shall have the same meaning as in Section 571

of the Public Health Law.

(g) "Cultures and stocks" shall mean materials and/or systems supporting in vitro growth or maintenance of infectious agents, including, but not limited to, the infectious agents themselves, nutrient agars, gels, broths, human and primate cell lines, impure animal cell lines, live vaccines, and attenuated vaccines capable of propagation.

(h) "Culture dishes and devices for transferring, inoculating and mixing cultures" shall mean any plates, flasks, tubes, beakers, vials, bottles, jars or inoculation loops of any material; manual or mechanical stirring or mixing devices; stoppers or plugs of any material; filtering devices of natural and artificial substances; and any other items or devices for growing and/or maintaining infectious agents in vitro.

(i) "Cycle" shall mean total operating time required for a device to treat regulated medical waste, and, for an autoclave, shall include warm-up, residence and cool down time.

(j) "Decontamination" shall mean reduction or inactivation of potentially infectious agents’ bioload in waste, so that such waste, including any waste residual in or on a container, no longer constitutes a threat to public health and safety.

(k) "Destroyed" shall mean torn apart or mutilated through incineration, melting, shredding, grinding, tearing, breaking or other process; to render unusable and unrecognizable as the item that underwent destruction. “Destroyed” shall not mean compacted or compacted following treatment. As used in this Part pertaining to sharps, unrecognizable shall mean that 100 percent of the sharps must be rendered not identifiable as intact sharps devices.

(l) "Efficacy testing" shall mean testing of an autoclave or alternative regulated medical waste treatment system, conducted by a laboratory independent of the system manufacturer that is generally recognized within the scientific community as having the capability for conducting, in conformance with generally recognized scientific principles, microbiologic examinations and/or other pertinent assessments of waste material to establish operating parameters for the system’s effective treatment of regulated medical waste.

(m) “Hazardous waste” shall have the same meaning as in 6 NYCRR, section 360-1.2;

(n) “Toxic drug waste” shall mean waste contaminated by or mixed with a chemotherapeutic, cytotoxic and/or antineoplastic agent, and/or a biotechnological material (e.g., infectious nanoparticles), not otherwise regulated as hazardous waste under 6 NYCRR, Part 371.

(o) "Household medical waste” shall have the same meaning as in 6 NYCRR, section

360-1.2 and shall include residential sharps (i.e., lancets, hypodermic needles and syringes) generated in a household in the course of medical self-management.

(p) "Incinerator" shall mean an enclosed device using controlled flame combustion to effect thermal breakdown of solid waste, including refuse-derived fuel, to ash residue containing little or no combustible material, as defined in 6 NYCRR, section 200.1 and regulated under 6 NYCRR, Parts 200, 201, 211, 212, 219 and 257.

(q) "Infectious agent" shall mean any organism or agent that causes disease or an adverse health impact in humans, and shall include any agent listed

in Part 2 of this Title and any agent designated as requiring Biosafety Level 2, 3 or 4 processing in the U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Institutes of Health publication, “Biosafety in Microbiological and Biomedical Laboratories,” 4th ed., May, 1999 and any biological agents listed in 42 CFR Part 73 (Vol. 70, March 18, 2005):

Possession, Use, and Transfer of Select Agents and Toxins. Federal regulations are published by the Office of the Federal Register, National Archives and Records Administration and may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402. Copies are available for inspection and copying in the New York State Department of Health, Bureau of Hospital and Primary Care Services, Hedley Park Place, 433 River Street, Troy, NY 12180.

(r) "Leakproof" shall mean designed and maintained to prevent the escape of contained liquids or other materials from sides or bottom, when appropriately closed regardless of container orientation (i.e., upright, tipped over).

(s) "Monitoring" shall mean periodic assessment and quality control of the operation of a regulated medical waste treatment system.

(t) "Operating parameters" shall mean the specific conditions of pressure, temperature, residence time, chemical concentration, and other physical or engineering condition established through efficacy testing of an alternative regulated medical waste treatment system, or verified through validation testing of an autoclave for effective treatment of regulated medical waste.

(u) "Operation plan" shall mean documented policies and procedures for a facility’s operation of an on-site autoclave, incinerator or alternative regulated medical waste treatment system.

(v) "Parametric control" shall mean an electronic or other device designed to monitor accurately the performance of a regulated medical waste treatment system and /or regulate continuously the system’s operation to achieve and maintain pre-set operating parameters.

(w) "Patient care area" shall mean a room or location at which a hospital, nursing home or clinical laboratory engages in medical services and/or specimen collection that results in the generation of regulated medical waste. For purposes of this Part, a patient service center (i.e., collection station) and a health fair operated by a clinical laboratory are patient care areas.

(x) "Primary container" shall mean the containment system in direct contact with, holding and securing regulated medical waste, i.e., a red bag or sharps container.

(y) “Radiological medical waste” shall mean regulated medical waste contaminated by or mixed with radioisotopes that are emitting ionizing radiation at a level distinguishable from natural background level.

(z) "Regulated medical waste" shall mean waste generated in diagnosis, treatment or immunization of humans or animals in research pertaining thereto, or in production and testing of biologicals; provided, however, that regulated medical waste shall not include hazardous waste

and household medical waste except as prescribed in paragraph (4) of this subdivision, and hazardous waste. Regulated medical waste shall include:

(1) cultures and stocks; culture dishes and devices used to transfer, inoculate and mix cultures that have come into contact with cultures and stocks; and biologicals;

(2) human pathological waste, including: tissue; organs; body parts, excluding teeth and contiguous structures of bone and gum; body fluids removed during surgery, autopsy or other medical procedures; specimens of body fluids and their containers; and discarded materials saturated with body fluids other than urine. Human pathological waste shall not include urine or fecal material submitted for purposes other than diagnosis of infectious diseases;

(3) human blood and blood products, including their components (e.g., serum and plasma); containers with free-flowing blood; discarded blood products as defined in Subpart 58-2 of this Title; and materials saturated with flowing blood (except feminine hygiene products);

(4) sharps whether used or unused including residential sharps accepted by a facility regulated under Article 28 of the Public Health Law pursuant to Section 1389-dd (4) of the Public Health Law;

(5) animal waste, including animal carcasses, body parts, body fluids, blood, and bedding originating from animals known to be contaminated with infectious agents (i.e., zoonotic organisms) or from animals inoculated with infectious agents for purposes including, but not limited to, research, production of biologicals, or drug testing; and

(6) any other waste materials containing infectious agents designated by the Commissioner of Health as regulated medical waste.

(aa) "Residence time" shall mean the time necessary for effective treatment of regulated medical waste at a specific temperature, pressure and/or chemical concentration, the duration of which:

(1) for an autoclave, begins when the autoclave’s coldest area, as determined by the manufacturer, attains the temperature and pressure established by validation testing as effective for treatment of regulated medical waste, and continues for at least the minimum time established by validation testing as effective for treatment of such waste;

(2) for an incinerator, begins when the incinerator attains operating temperature in both the ignition and combustion (secondary) chambers, and continues for the time necessary to achieve a complete burn down as determined by inspection through a view port of the waste bed; and

(3) for an alternative regulated medical waste treatment system, begins when the temperature, chemical concentration or other condition established through efficacy testing has been attained, and continues for the time established through such testing, as required for effective treatment of regulated medical waste.

(ab) "Secondary container" shall mean the containment system used to hold and secure a primary container. A secondary container (e.g., outer container) shall be a disposable or reusable rigid pail, carton, drum or portable bin that is, under normal conditions of use, leak-resistant; has leak-proof sides and bottom; has a tight-fitting cover or is otherwise closeable; and is in good repair.

(ac) "Sharp" shall mean an

item capable of causing percutaneous injury, including, but not limited to, hypodermic, intravenous or other medical needles; hypodermic or intravenous syringes to which a needle or other sharp is attached; Pasteur pipettes; scalpel blades; blood vials; and broken and unbroken glass and plastic ware, including microscope slides and cover slips, in contact with

infectious agents. Sharps shall not include those parts of syringes specifically designed to allow easy removal of a hypodermic, intravenous or other medical needle, and are intended for recycling or other disposal, provided the needle has been removed and such syringe has not been in contact with infectious agents.

(ad) "Solid waste" shall have the same meaning as in 6 NYCRR, section 360-1.2.

(ae) "Sterilize" shall mean to inactivate all microbial forms of life.

(af) "Storage" shall mean temporary containment of regulated medical waste in such a manner as not to constitute disposal of such waste. “Storage area” shall mean a room, delineated area or designated space designed for storage of regulated medical waste in accordance with this Part, within a building, or on any permanent structure attached or unattached to a building, including a loading dock, situated on property owned by or under management of the facility operator. “Storage area” shall not include a trailer, bulk container or other transportable container or vehicle not owned by the facility but situated on facility property.

(ag) "Transport" shall mean shipment or conveyance of regulated medical waste from the point of generation to any intermediate point, including a treatment facility, and finally to the point of ultimate disposal.

(ah) "Treatment" shall mean any method, technology or process designed to change the character or composition of any regulated medical waste so that it no longer constitutes a threat to public health and safety. Treatment shall not include compaction.

(ai) "Universal warning sign" shall mean a symbol design that conforms to the design

shown by illustration at 29 CFR Section 1910.1030(g)(1(i)(A) (Vol. 6, July 1, 2003). Federal regulations are published by the Office of the Federal Register, National Archives and Records Administration and may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402. Copies are available for inspection and copying in the New York State Department of Health, Bureau of Hospital and Primary Care Services, Hedley Park Place, 433 River Street, Troy, NY 12180.

(aj) "Validation testing" shall mean procedures conducted at the installation site of an alternative regulated medical waste treatment system, an incinerator, or an autoclave prior to initial operation for waste treatment, the purpose of which is to demonstrate, under pre- established operating parameters, the effective treatment of regulated medical waste at the installation site.

Effective Date: 
Wednesday, March 15, 2006
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Complete

SubPart 70-2 - Management of Regulated Medical Waste

Effective Date: 
Wednesday, March 15, 2006
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Complete

Section 70-2.1 - Waste management plan

70-2.1 Waste management plan. Each facility shall develop, document and implement policies and procedures specific to the management of regulated medical waste generated on-site and/or treated at the facility. Such policies and procedures shall minimally include, but not be limited to: a description of the types, and method(s) for treatment and disposal, of regulated medical waste; procedures for safe handling and transport of the waste within the facility from the point of generation or intake to the point of storage and/or treatment; a description of storage areas, including, as applicable, patient care areas, which details the location, ventilation and capacity of each storage area, and the length of time waste is to be retained in each area; and the titles and contact information for persons responsible for monitoring compliance. Facilities that treat regulated medical waste on-site shall include in their regulated medical waste management plan an operation plan for each treatment system employed.

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Section 70-2.2 - Containment and storage

70-2.2 Containment and storage.

(a) Regulated medical waste shall be separated from other waste as soon as practicable at the point of generation prior to storage, treatment or disposal. Containers holding regulated medical waste containing or mixed with hazardous waste, radioisotopes and/or toxic drug waste shall be so labeled to identify waste types contained therein and so as to provide other information, including but not limited to isotope and level of radioactivity pertinent to determining whether specific procedures for management and/or disposal are applicable. Radiological medical waste shall be stored until decayed to a background radiation level prior to transport off-site of the generating facility and/or treatment.

(b) Containment of regulated medical waste for handling, storage, and treatment shall be accomplished with a primary container for protection from the elements and limiting exposure to employees and the public. Each primary container holding regulated medical waste shall be:

(1) marked prominently with the universal warning sign or the word “biohazard”; and

(2) impervious to moisture, be secured and situated so as to prevent leakage or preclude loss of contents during handling, storage and/or transport.

(3) be located away from pedestrian traffic, be vermin and insect free, and shall be maintained in a sanitary condition.

(c) Whenever regulated medical waste is transported off-site for treatment elsewhere, the primary container shall have affixed a label or imprint indicating the name and address of the generation facility and shall comply with the transport requirements of subdivision (h).

(d) (1) In addition to the requirements of subdivisions (b) and (c) of this section, the primary container for regulated medical waste, with the exception of sharps, shall be a plastic bag; red in color; and of a strength sufficient to resist ripping, tearing, or bursting under normal conditions of use and handling.

(2)

In addition to the requirements of subdivisions (b) and (c) of this section, the primary container for discarded sharps shall be rigid, leakproof, puncture-resistant and closable, and may serve as a secondary container for purposes of transport, provided it meets the definition of a secondary container.

(e)(1) Under no circumstances shall a sharps container be filled beyond the fill line indicated on the container.

(2) Sharps containers shall be removed from patient care areas to a room or area designated for regulated medical waste storage, whenever the container has reached the fill line indicated on the container. Sharps containers shall be removed from patient care areas within thirty (30) days or upon the generation of odors or other evidence of putrification, whichever occurs first, without regard to fill level.

(f) Regulated medical waste, with the exception of sharps as provided in subdivision (e) of this section, may be held in patient care areas for a period not to exceed twenty-four (24) hours and at a clinical laboratory for a period not to exceed seventy-two (72) hours, at which time the waste shall be moved to a storage area.

(g)(1) Each storage area shall be adequate for the volume of regulated medical waste generated between scheduled waste pick-ups by a transporter, or, for facilities treating the waste on-site, the volume of waste that can be treated on-site within a twenty-four (24) hour period.

(2) Each storage area shall:

(i) display prominent signage indicating the space is used to store regulated medical waste;

(ii) be designed or equipped to prevent unauthorized access;

(iii) be designed or located to protect waste from the elements, and prevent access by vermin;

(iv) hold the waste at a temperature that prevents rapid decomposition and resultant odor generation;

(v) be appropriately ventilated; and

(vi) be of sufficient size to allow clear separation of regulated medical waste from any other waste, whenever waste other than regulated medical waste is stored in the same area.

(3) Regulated medical waste shall not be stored for a period exceeding thirty (30) days, except that a site generating under fifty (50) pounds of regulated medical waste per month and not accepting regulated medical waste for treatment from other facilities, may store waste for a period not exceeding sixty (60) days.

(h) Prior to transport off-site of the generating facility for treatment elsewhere:

(1) primary containers shall have affixed a label or imprint indicating the name and address of the generating facility; and

(2) primary containers, except as provided in (c)(2) of this section, shall be placed in a secondary container with an affixed label or imprint, indicating the name and address of the generating facility, and such container marked prominently with signage indicating that the contents are infectious or regulated medical waste; and, if applicable, with an affixed label indicating that the contents contain or are mixed with hazardous waste, and/or toxic drug waste.

(i) All internal surfaces of a reusable secondary container used to hold regulated medical waste shall be completely protected by a disposable liner, which may also function as the primary container provided it meets the criteria for a primary container provided in subdivisions (b) and (c) of this section. The liner shall be removed as a secured unit with the waste and treated as regulated medical waste. A reusable secondary container shall undergo washing and decontamination upon emptying whenever the liner is compromised; visual inspection yields evidence that the container’s surface has come in contact with the contained waste prior to treatment; the contained waste includes cultures and/or stocks; or the contained waste has a highly infectious bioload.

(j) Under no circumstances shall regulated medical waste be transferred from one container

to another (e.g., for consolidation or loading of a treatment system) in a manner that compromises health and safety of the persons handling the waste. Regulated medical waste being moved from one container to another, or one location to another within a facility shall as a minimum be secured in a primary container.

(k) Reusable sharps containers shall not be opened for consolidation or other purposes unless such procedure has been approved as part of the facility’s treatment system operation plan.

(l) Disposable secondary containers for storing and handling regulated medical waste shall be treated as regulated medical waste.

(m) Transport of regulated medical waste within a facility from the point of generation to the point of storage or treatment shall be by covered cart or other appropriately covered conveyance system marked prominently with signage indicating that the contents are infectious or are regulated medical waste; provided, however, waste held in containers meeting the definition of secondary container may be transported within a facility from point of generation to the point of storage or treatment using an open conveyance system (e.g., laboratory cart or dolly) provided each container is labeled and appropriately closed. Regulated medical waste shall not be moved within a facility by gravity alone without control of impact, i.e., trash chutes or slides.

(n) Regulated medical waste shall not be compacted unless it has undergone treatment as provided in section 70-2.3 of this Subpart.

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Section 70-2.3 - Treatment and disposal

70-2.3 Treatment and disposal. (a) Except as provided in subdivisions (b) and (c) of this section, treatment of regulated medical waste shall be by:

(1) discharge into a sanitary sewerage system connected to a secondary treatment facility, if the waste is liquid or semi-liquid, except as specifically prohibited by the Commissioner of Health, or by local law or ordinance;

(2) incineration in a regulated medical waste incineration facility under permit pursuant to Article 19 of the Environmental Conservation Law;

(3) decontamination by autoclaving in conformance with the requirements of Subpart 70-3 of this Part; or

(4) an alternative regulated medical waste treatment system approved by the Commissioner of Health.

(b) Restrictions on autoclave use.

(1) no autoclave shall be used for treatment of regulated medical waste containing or mixed with hazardous waste and/or toxic drug waste;

(2) no autoclave shall be used for treatment of radiological medical waste;

(3) no autoclave shall be used for treatment of recognizable human body parts; and

(4) an autoclave may be used for the treatment of human tissue(s), human organs; animal carcasses or animal body parts provided the Department has expressly approved the autoclave model as an alternative treatment technology for such use pursuant to Subpart 70-5 of this Part.

(c) Cultures and stocks.

(1) cultures and stocks containing select agents or toxins listed in 42 CFR Part 73 (Vol. 70, March 18, 2005) shall be treated on-site by incineration, autoclaving or use of alternative treatment system approved for such treatment provided, however, whenever a facility without a predictable need for on-site treatment generates such waste incidental to the delivery of medical care, the generating facility shall arrange for transportation of the select agents and toxins to a facility authorized to treat such material and shall comply with Federal regulations regarding possession, use and transfer of select agents and toxins. Such regulation shall include 42 CFR, Part 73 (Vol. 70, March 18, 2005). Federal regulations are published by the Office of the Federal Register, National Archives and Records Administration and may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402. Copies are available for inspection and copying in the New York State Department of Health, Bureau of Hospital and Primary Care Services, Hedley Park Place, 433 River Street, Troy, NY 12180.

(2) except where on-site treatment is required by local health code, cultures and stocks containing infectious agents other than those referenced in paragraph (1) of this subdivision

may be transported off-site for treatment.

(d) Discarded sharps shall be destroyed prior to disposal. Sharps not coming in contact with infectious agents need not be treated in accordance with subdivision (a) of this section.

(e) Generators of regulated medical waste shall have in place a response plan to be followed in the event the facility is notified that regulated medical waste, known or suspected to be untreated, has been found commingled with solid waste.

Such response plan and any corrective action taken shall be documented.

(f) Radiation detection.

(1) each facility that treats regulated medical waste shall have a radiation detection system to screen waste for radiological medical waste and a contingency plan in the event radiation levels above background are detected in waste loads delivered for treatment. The radiation detection system shall be appropriate for effective screening of the type(s) and volume of waste, and shall be set to alarm whenever ionizing radiation above the local background ionizing radiation level is detected; and

(2) no facility shall treat radiological medical waste by autoclaving; and

(3) no facility shall treat radiological waste using an alternative regulated medical waste treatment system unless the system has been approved by the Department for such treatment pursuant to Section 70-5 of this Part.

(g) Treated regulated medical waste shall be disposed of as solid waste at an incinerator, landfill or other disposal facility authorized by the Department of Environmental Conservation to accept regulated medical waste after treatment.

(h) No facility shall transfer or release treated regulated medical waste that is not accompanied by a Department of Health certificate of treatment.

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Section 70-2.4 - Transfer of regulated medical waste for off-site treatment

70-2.4 Transfer of regulated medical waste for off-site treatment. (a) Generators of regulated medical waste shall transfer such waste for off-site treatment only to a regulated medical waste transporter permitted by the Department of Environmental Conservation; provided, however, that a generator of under fifty (50) pounds of regulated medical waste per month registered with the Department of Environmental Conservation pursuant to 6 NYCRR Part 364 may transport its own waste for off-site treatment.

(b) A facility that generates waste and arranges transport for off-site treatment or disposal, or otherwise participates in the transport of regulated medical waste shall ensure that a regulated medical waste tracking form prescribed by the Department of Environmental Conservation accompanies each load.

(c) All solid waste transported in a load containing regulated medical waste shall be treated as regulated medical waste, unless the regulated medical waste is separately contained in a secondary container meeting the requirements of section 70-2.2(h) of this Subpart or is otherwise kept separate from the solid waste by leak-proof barriers.

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Section 70-2.5 - Record keeping

70-2.5 Record keeping. (a) A record of regulated medical waste by quantity and categories as defined in Public Health Law 1389-aa and for disposition of treated waste on-site shall be maintained and retained on-site by the generator for three

(3) years from the date of disposition of the waste, and shall be available for inspection and copying by the Department. Documentation of corrective action related to a commingling incident shall be retained three (3) years.

(b) A report of the regulated medical waste generated annually, by quantities and categories as defined in Public Health Law 1389-aa shall be submitted to the Commissioner of Environmental Conservation upon request.

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SubPart 70-3 - Requirements for Autoclaves Used to Treat Regulated Medical Waste

Effective Date: 
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Section 70-3.1 - Validation testing

70-3.1 Validation testing. (a) Prior to using an autoclave to treat regulated medical waste, a facility shall conduct validation testing under conditions, including, but not limited to load configuration, composition and volume, that simulate conditions anticipated during actual waste treatment. Validation testing protocols shall be included in the facility’s autoclave operation plan submitted to the Department pursuant to section 70-3.2 of this Subpart.

(b)(1) Validation testing shall employ spores of

Geobacillus stearothermophilus

at a minimum concentration of 6 log10 spores per indicator unit placed in the center of the load or otherwise coldest point in the autoclave chamber as identified by the manufacturer; provided, however, the Department may require alternative and/or supplemental indicators as necessary to demonstrate effectiveness of treatment;

(2) effective treatment of regulated medical waste shall be demonstrated by a 4 log10 reduction in viable

Geobacillus stearothermophilus

spore concentration, or other measure of effectiveness for alternative and/or supplemental indicators as specified by the Department.

(c) No autoclave that fails to meet the criteria for effective treatment pursuant to subdivision (b) of this section upon validation testing at the site of installation shall be used to treat regulated medical waste.

(d) A facility that seeks to operate an autoclave at other than the generally accepted operating parameters (i.e., time, temperature and pressure) provided in section 70-3.3(a) and (b) of this Subpart shall request and obtain Department approval for operation of the autoclave as an alternative treatment system pursuant to Subpart 70-5.

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Section 70-3.2 - Operational requirements

70-3.2 Operational requirements.

(a) Each facility seeking to operate an autoclave shall develop an operation plan, and shall submit such plan to the Department for review and approval prior to using the autoclave to treat regulated medical waste. Any change in procedures related to the operation of the autoclave shall be reflected in a modified plan, which shall be dated with each revision.

(b) No autoclave shall be used to treat regulated medical waste without Department approval of the facility's operation plan and any modifications made to such plan on or after the effective date of this regulation.

(c) The operation plan shall be designed to promote safe and effective operation of the autoclave. The operation plan shall include, minimally, procedures to ensure:

(1) the autoclave meets Department criteria for effective treatment of regulated medical waste (i.e., the protocol for validation testing and a summary of the results);

(2) loads contain only those items or types of waste for which effective treatment has been demonstrated by validation testing; and exclude waste materials for which effective treatment by the system has not been demonstrated and/or is prohibited pursuant to section 70-2.3 of this Subpart, and, as applicable, materials expressly excluded in the Commissioner’s notice of approval;

(3) each load is treated using residence time, temperature and pressure that have been validated as effective for the treatment of regulated medical waste, and conditions of treatment are monitored and documented for each load;

(4) the effectiveness of treatment is maintained, by including, as applicable, procedures for and frequency of: calibration verification and recalibration of parametric controls; monitoring by challenge testing or other demonstration that treatment has been attained; and preventative maintenance of engineering controls (e.g., charcoal and/or HEPA filters) and diagnostic procedures for electronic controls (e.g., integrated computers and mechanical components);

(5) occupational exposure is minimized, and physical injury to operators is prevented during loading, the cycle, and unloading the autoclave; and

(6) personnel are knowledgeable about routine operation of the autoclave, are kept current with manufacturer recommendations for operation, and have been instructed in emergency procedures for handling malfunctioning systems and untreated waste. Training programs shall mandate initial training and retraining at least once per calendar year and as necessary for presenting updates on operational information.

(d)

Any modification of an approved operation plan with potential to substantially alter treatment efficacy shall be submitted to the Department for approval. Prior to approving a modified plan, the Department may require that validation testing be conducted again by the facility, and the results submitted for Department review.

(e) Whenever an autoclave fails to operate in accordance with pre-established operating parameters, the facility shall:

(1) discontinue use of the autoclave, using emergency shutdown procedures if appropriate, until corrective action has been taken and validation testing has verified that effective treatment can resume;

(2) handle as untreated all regulated medical waste processed by the system since the last previous run under documented compliance with such requirements;

(3) document the failure, including date and autoclave identifier;

(4) document the facility response, including corrective action; and

(5) whenever a facility has reason to believe untreated waste certified as treated waste has left the facility, notify the waste transporter as soon as practicable, and notify the Department within seventy-two (72) hours of the waste’s leaving the facility.

(f) Monitoring autoclave operation.

(1) parametric controls shall be employed to monitor operating parameters automatically and continuously throughout the entire cycle, and generate a record of operating parameters for each cycle; or

(2) in the absence of parametric controls, routine operational performance of an autoclave shall be monitored by: (i) challenge testing, conducted every forty (40) hours of autoclave operation or once a week, whichever occurs first, using the same protocol as was approved by the Department for validation testing, and (ii) time/temperature-sensitive materials used in each load. No autoclave that fails to attain 4 log 10 reduction in viable spores concentration upon challenge testing shall be used to treat regulated medical waste. Whenever time/temperature-sensitive materials fail to show expected results (i.e., a color change), the load shall be handled as untreated waste, and the facility shall demonstrate, through a repeat of validation testing, that the autoclave effectively treats regulated medical waste before resuming its use for treatment purposes.

(g) Containment of regulated medical waste for treatment by autoclaving shall be by a container or containment system designed to withstand the temperature and pressure of autoclaving, and may, except for sharps, consist solely of a red bag.

(h) If the container or containment system does not, by design, allow steam to come into direct contact with waste material, the operator shall take action to ensure such contact.

(i) Sharps treated by autoclaving shall be destroyed prior to disposal.

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Section 70-3.3 - Generally accepted and alternative operating parameters

70-3.3 Generally accepted and alternative operating parameters. (a) Unless other operating parameters have been approved pursuant to subdivision (c) of this section, operating parameters for treating of regulated medical waste in a gravity-feed autoclave shall be:

(1) at least sixty (60) minutes residence time at a temperature at least one hundred twenty-one (121) degrees Celsius and a pressure of fifteen pounds per square inch (15 psig); or

(2) at least forty-five (45) minutes residence time at a temperature at least one hundred thirty-five (135) degrees Celsius and a pressure of thirty-one pounds per square inch (31 psig).

(b) Unless other operating parameters have been approved pursuant to subdivision (c) of this section, operating parameters for treating regulated medical waste in a vacuum-displacement autoclave shall be:

(1) at least forty-five (45) minutes residence time at a temperature at least one hundred twenty-one (121) degrees Celsius and a pressure of fifteen pounds per square inch (15 psig); or

(2) at least thirty (30) minutes residence time at a temperature at least one hundred thirty-five (135) degrees Celsius and a pressure of thirty-one pounds per square inch (31 psig).

(c) No facility shall treat regulated medical waste using an autoclave at operating parameters other than those prescribed in subdivision (a) or (b) of this section, unless the treatment method has been approved by the Department as an alternative treatment technology pursuant to section 70-5 of this Part.

Effective Date: 
Wednesday, March 15, 2006
Doc Status: 
Complete

Section 70-3.4 - Record keeping

70-3.4 Record keeping.

(a) Each facility shall retain for three (3) years records of: validation testing and challenge testing, including protocols and test results; routine system’s monitoring; and, where applicable, Department approval as an alternative treatment technology.

(b) Each facility shall document each employee’s participation in training and/or retraining in autoclave operations, and shall retain such records for three (3) years.

(c) Documentation of corrective action, including that required by section 70-3.2, of this Subpart, shall be retained for three (3) years.

(d) Documentation of any modification to an approved operation plan, regardless of whether the modification is subject to Department approval pursuant to this section, shall be retained three (3) years

from discontinuance of the modified plan.

(e) Documentation of the residence time, pressure and temperature of each load treated shall be retained for three (3) years.

(f) All records required pursuant to this section shall be made available for inspection and

copying by the Department.

Effective Date: 
Wednesday, March 15, 2006
Doc Status: 
Complete

SubPart 70-4 - Requirements for Alternative Regulated Medical Waste Treatment Systems

Effective Date: 
Wednesday, March 15, 2006
Doc Status: 
Complete

Section 70-4.1 - Approval of technology

70-4.1 Approval of technology. (a) No alternative treatment system shall be used to treat regulated medical waste without approval by the Commissioner of Health of the treatment technology pursuant to Subpart 70-5 of this Part. In the approval of an alternative treatment technology, the Department shall specify the scope of the approval, including, but not limited to, the type(s) of waste and/or waste composition for which the system has been approved.

(b) No regulated medical waste other than that of a type and composition specified in the Commissioner of Health’s approval of an alternative treatment technology shall be treated using the approved technology.

(c) No facility shall use an alterative treatment system to render harmless, dispose of or otherwise handle, in the same or different loads than regulated medical waste, material other than the regulated medical waste for which the system received approval, unless the facility, jointly with the system manufacturer, demonstrates to the Department that the system is effective in treating regulated medical waste and that the system is not impacted adversely by the facility’s use of the system for purposes other than treating regulated medical waste.

(d) An autoclave used to treat human tissue(s), human and animal organs, and/or animal body parts shall require approval as an alternative treatment system pursuant to Subpart 70-5 of this Part. An autoclave operated at a residence time, temperature and/or pressure other than those prescribed in section 70-3 shall require approval as an alternative treatment system pursuant to Subpart 70-5 of this Part.

Effective Date: 
Wednesday, March 15, 2006
Doc Status: 
Complete

Section 70-4.2 - Operational Requirements

70-4.2 Operational requirements. (a) Each facility seeking to operate an alternative regulated medical waste treatment system shall develop an operation plan, and shall submit such plan to the Department for review and approval prior to using the system to treat regulated medical waste. Any change in procedures related to the operation of the system shall be reflected in a modified plan, which shall be dated with each revision.

(b) No alternative regulated medical waste treatment system shall be used to treat regulated medical waste without Department approval of the facility’s operation plan and any modifications made to such plan on or after the effective date of this regulation. The operation plan shall be submitted to the Department for approval at least sixty (60) days prior to the anticipated start-up date of the system.

(c) The operation plan shall be designed to promote safe and effective operation of the alternative treatment system. The operation plan shall include, minimally, procedures to ensure:

(1) the system as situated on-site of the facility meets Department criteria for effective treatment of regulated medical waste (i.e., the protocol for validation testing and a summary of the results);

(2) loads contain only those items or types of waste for which effective treatment by the system has been demonstrated by efficacy testing and verified by validation testing; and exclude waste materials for which effective treatment by the system has not been demonstrated and/or is prohibited pursuant to section 70-2.3 of this Subpart, and materials expressly excluded in the Commissioner’s notice of approval treatment;

(3) each load is treated using operating parameters that have been demonstrated as effective for the treatment of regulated medical waste, and conditions of treatment are monitored and documented for each load;

(4) the effectiveness of treatment is maintained, by including, as applicable, procedures for and frequency of calibration verification and recalibration of parametric controls; monitoring by challenge testing or other demonstration that treatment has been attained; and preventive maintenance of engineering controls. (e.g., charcoal and/or HEPA filters) and diagnostic procedures for electronic controls (e.g., integrated computers and mechanical components);

(5) occupational exposure is minimized and physical injury to operators is prevented during loading, the cycle, and unloading of the system; and

(6) personnel are knowledgeable about routine operation of the system, are kept current with system manufacturer recommendations for operation, and have been instructed in emergency procedures for handling malfunctioning systems and untreated waste. Training programs shall mandate initial training and retraining at least once per calendar year and as necessary for presenting updates on operational information.

(d) Any modification of an approved operation plan altering treatment efficacy shall be submitted to the Department for approval prior to implementation. Prior to approving a modified plan, the Department may require efficacy and/or validation testing, using a protocol approved pursuant to section 70-4.3 (b) of this Subpart. The Department may require the submission of additional information and data specific to the alternative treatment system as may be pertinent to a demonstration of on-going safety and efficacy.

(e) No alternative regulated medical waste treatment system shall be placed into operation prior to implementation of an approved operation plan.

(f) An alternative regulated medical waste treatment system shall be operated in accordance with the system manufacturer’s instructions and the approved operation plan. Should a system fail during operation, the operating facility shall:

(1) discontinue use of the system, using emergency shutdown procedures if appropriate, until corrective action is taken and verified through parametric controls; validation testing, including but not limited to, biological indicators; or other demonstration that treatment has been attained;

(2) handle as untreated all regulated medical waste processed by the system since the last previous run under documented compliance with such requirements;

(3) document the failure, including date and system identifier;

(4) document the facility response, including corrective action;

(5) whenever a facility has reason to believe untreated waste certified as treated waste has left the facility; notify the waste transporter immediately upon discovery of the incident, at least within a maximum of two business days and notify the Department within seventy-two (72) hours of the waste’s leaving the facility.

(g) For systems that employ parametric controls for automatic and continuous monitoring, the facility shall generate a record of monitoring that identifies operating parameters throughout the cycle. In the absence of such controls, the operational performance of an alternative regulated medical waste system shall be monitored by challenge testing pursuant to a protocol included in the facility’s operation plan and approved by the Department.

(h) No person shall load, operate and/or unload an alternative regulated medical waste treatment system without documented training and retraining in the activities performed. Documentation shall include the date, location and content of all training sessions, as well as an attestation, by signature of trainer and trainee, that such training or retraining was conducted.

Effective Date: 
Wednesday, March 15, 2006
Doc Status: 
Complete

Section 70-4.3 - Validation testing

70-4.3 Validation testing.

(a) A facility seeking to operate a regulated medical waste treatment system that employs an approved alternative technology shall establish and implement a protocol for validation testing that minimally includes procedures to simulate actual system operation conditions, including, but not limited to, the composition and volume of waste to be treated per load. The validation testing protocol shall be approved by the Department prior to initiation of testing.

(b) Validation testing shall be performed using the Department-approved protocol at the installation site of an approved alternative regulated medical waste treatment system.

Validation testing data shall be submitted for Department review and approval along with the operation plan.

Effective Date: 
Wednesday, March 15, 2006
Doc Status: 
Complete

Section 70-4.4 - Record keeping

70-4.4 Record keeping.

(a) Each facility shall document efficacy and validation testing, including testing protocols and results, and routine system monitoring, and shall retain such records for three (3) years.

(b) Each facility shall document, in the personnel file of each employee, participation in system training and/or retraining, and retain such records for three (3) years.

(c) Documentation of corrective action, including that required by section 70-4.2 of this Subpart, shall be retained for three (3) years.

(d) Each facility shall document any modification to an approved operation plan and retain such records for three (3) years from discontinuance of the modified plan.

(e) The facility in which the alternative treatment system is situated shall maintain a copy of the Department’s letter notifying the manufacturer of the alternative treatment technology approval and any appendices or amendments thereto for as long as the system is operational.

(f) All records required pursuant to this section shall be made available for inspection and copying by the Department.

Effective Date: 
Wednesday, March 15, 2006
Doc Status: 
Complete

SubPart 70-5 - Approval of Alternative Treatment Technologies for Use in New York State

Effective Date: 
Wednesday, March 15, 2006
Doc Status: 
Complete

Section 70-5.1 - Treatment technology approval

70-5.1 Treatment technology approval. (a) No alternative regulated medical waste treatment system shall be used in New York State unless the Commissioner of Health has approved the system’s technology pursuant to this Subpart. The system manufacturer, as applicant for technology approval, shall:

(1) submit an application on forms prescribed by the Commissioner of Health;

(2) demonstrate that the system’s operation does not pose a threat to public health or safety, including documentation that any chemical used in the system has been registered and approved by the New York State Department of Environmental Conservation for use in New York State;

(3) provide documentation that any chemical used in system to treat regulated medical waste has been registered with the federal Environmental Protection Agency;

(4) establish the system’s operating parameters through efficacy testing, and demonstrate that the system effectively treats regulated medical waste. Unless precluded by system design: (i) efficacy testing shall be conducted on an actual full-scale working model of the system, rather than a simulation, or other substitution in scale or in kind, and (ii) such testing shall employ surrogate test loads, varying in organic to non-organic and solid to liquid compositions. Such surrogate test loads shall include mycobacterium species and/or other appropriate indicators as determined by the Department, that has been strategically placed throughout the test loads; and

(5) agree to provide all facilities in New York State that use the alternative treatment system with a copy of the Department’s technology approval letter, and any appendices or amendments thereto for the period in which the system is in use in New York State.

(b) Whenever Mycobacterium species is used as a biological indicator, effective treatment shall be demonstrated by a 6 log 10 reduction in viable cell concentrations;

Bacillus

atrophaeus

or

Geobacillus

stearothermophilus

are used as a biological indicator, effective treatment shall be demonstrated a 4 log 10 reduction in viable spores concentration. No alternative treatment system that fails to attain such reductions or fails to demonstrate that the waste has been treated shall be used to treat regulated medical waste.

(c) The Department may require that the system undergo supplemental efficacy testing using organisms or agents other than those identified in subdivision (b) of this section, and may require the manufacturer to demonstrate that the technology meets manufacturer’s claims for effective treatment of non-typical bioloads or materials, for example, new and emerging pathogens or pathological waste.

Effective Date: 
Wednesday, March 15, 2006
Doc Status: 
Complete

Section 70-5.2 - Limitations and voiding of approval

70-5.2 Limitations and voiding of approval. (a)(1) Approval shall be limited to the specific system model or version authorized by the Commissioner of Health, and shall be valid for a period not to exceed two (2) years, renewable every two (2) years;

(2) a renewal application shall be filed no later than one hundred and eighty (180) calendar days prior to expiration of an existing approval; and

(3) each renewal application shall identify all installations of approved technology(ies) for the applicant manufacturer in New York State.

(b) Approval shall be limited to the waste materials and components, operating parameters and conditions, including the introduction of other materials into a load, specified in the efficacy testing data submitted to and approved by the Department.

(c) Approval shall become void upon any change to the system by the manufacturer that may adversely affect the system’s efficacy, as determined by the Department. Such change shall include, but not be limited to, claims that the technology is able to render harmless, dispose of, or otherwise handle wastes and materials, concurrent with regulated medical waste loads or in different loads, other than the type(s) of regulated medical waste for which the technology was approved.

(d) The Department may require the submission of additional information and specific data as may be pertinent to demonstrating safety and efficacy of the alternative technology.

Effective Date: 
Wednesday, March 15, 2006
Doc Status: 
Complete

Part 71 - Requirements for Vent-Free Gas Space Heating Appliances

Effective Date: 
Wednesday, August 12, 1998
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 206.1(r)

Section 71.1 - Purpose

Section 71.1 Purpose. The purpose of this rule is to protect public health, safety and welfare by specifying requirements for vent-free gas space heating appliances offered for sale or sold in New York State.

Effective Date: 
Wednesday, August 12, 1998
Doc Status: 
Complete

Section 71.2 - Definitions

71.2 Definitions.

(a) Sizing guidelines means printed instructions provided by the manufacturer that contain information on selecting a vent-free gas space heating appliance with appropriate heat output.

(b) Vent-free gas space heating appliance, also known as a gas-fired unvented room heater, means an unvented, self-contained, gas-burning appliance for connection to the house fuel supply system and for furnishing heat to the space in which installed, directly from the appliance without duct connection. These appliances may be free-standing, wall mounted or for insertion in a noncombustible fireplace.

Effective Date: 
Wednesday, August 12, 1998
Doc Status: 
Complete

Section 71.3 - Requirements

71.3 Requirements.

(a) Manufacturers of vent-free gas space heating appliances shall produce shipping carton labels for vent-free gas space heating appliances that prominently and clearly display, in bold type no smaller than 14 point, the following language:

CAUTION: This appliance is a supplemental heat source and should not be the primary heat source. This appliance must be installed and serviced according to the manufacturer's instructions and local and state building codes. Select a model with appropriate heat output using sizing guidelines provided by the manufacturer. Using a heater with greater heat output than recommended may be harmful to your health. As with other fuel burning appliances, local building codes may require installation of a carbon monoxide detector in your home.

Sellers of vent-free gas space heating appliances shall ensure that this label is on the outside of each vent-free gas heating appliance shipping carton and is prominently and clearly displayed, in bold type no smaller than 14 point, on or near each vent-free gas space heating appliance on display at a point-of-sale.

(b) Within four years of the effective date of this regulation, manufacturers of vent-free gas space heating appliances shall produce shipping carton labels for vent-free gas space heating appliances that prominently and clearly display, in bold type no smaller than 14 point, information on the vent-free gas space heating appliance's measured carbon monoxide and nitrogen dioxide emission rates as a percentage of the carbon monoxide and nitrogen dioxide emission rate standards referenced in a recognized industry standard for vent-free gas space heating appliances. Sellers of vent-free gas space heating appliances shall ensure that this label is on the outside of each vent-free gas space heating appliance shipping carton and is prominently and clearly displayed, in bold type no smaller than 14 point, on or near each vent-free gas space heating appliance on display at a point-of-sale. The Commissioner of Health must have determined that the methods and procedures used to develop the carbon monoxide and nitrogen dioxide emission rates for the label represent (i) normal operating conditions for the vent-free gas space heating appliance; (ii) a reliable analytical method; and (iii) an accurate statistical measure of actual emission rates.

(c) Sizing guidelines prepared by manufacturers of vent-free gas space heating appliances shall be provided at the point-of-sale by sellers of vent-free gas space heating appliances. The sizing guidelines shall be easy to understand, concise and include sample calculations illustrating the method used to select a properly-sized vent-free gas space heating appliance.

Effective Date: 
Wednesday, August 12, 1998
Doc Status: 
Complete

Section 71.4 - Effective date

71.4 Effective date. This regulation shall be effective on the date of publication.

Effective Date: 
Wednesday, August 12, 1998
Doc Status: 
Complete

Part 72 - Tanning Facilities

Effective Date: 
Wednesday, October 7, 2009

SubPart 72-1 - Tanning Facilities

Effective Date: 
Wednesday, November 6, 2013
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Sections 3551 and 3554

GENERAL PROVISIONS

Section 72-1.1 - Definitions

(a) Adequate means sufficient to accomplish the purpose for which something is intended, and to such a degree that no reasonable risk to health or safety is presented. An item installed, maintained, designed and assembled, an activity conducted, or act performed, in accordance with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession, is adequate within the meaning of this Subpart.

(b) Department means the New York State Department of Health.

(c) FDA means United States Food and Drug Administration.

(d) Permit issuing official (PIO) shall mean the State Commissioner of Health, or where authorization is requested and received from the State Commissioner of Health, the health commissioner or health officer of a city of 50,000 population or over, the health commissioner or health officer of a county or part-county health district, the State regional health director or district director having jurisdiction, or any county or public health director having all the powers and duties prescribed in Section 352 of the Public Health Law. The PIO may designate additional persons to act in his/her behalf to issue permits or perform inspections as required by this Subpart.

(e) Permit means a license issued to a tanning facility operator pursuant to these rules.

(f) Person means an individual, corporation, partnership, joint venture or any business entity.

(g) Protective eyewear

means any adequate equipment designed to be worn by users
of an ultraviolet radiation-emitting device to reduce exposure of the eyes to radiation emitted by the product.

(h) Qualified health care professional means a physician licensed by the State of New York to practice medicine, or a physician assistant or nurse practitioner licensed to practice in New York in collaboration with and under the supervision of a licensed physician.

(i) Sanitize means adequate antimicrobial treatment by a disinfectant determined to be capable of destroying pathogenic organisms on treated surfaces. Exposure to the ultraviolet radiation produced by the ultraviolet radiation device itself is not considered an adequate sanitizing agent.

(j) Tanning facility means any establishment where one or more ultraviolet radiation devices are used, offered, or made available for use by any human being, for which a fee is charged, directly or indirectly, excluding a facility where such device is used by a qualified health care professional for treatment of medical conditions.

(k) Ultraviolet radiation device means any product which is designed to emit electromagnetic radiation in the wavelength interval of two hundred (200) nanometers to four hundred (400) nanometers in air, and which is intended to induce tanning of the human skin through irradiation, including but not limited to, a sunlamp, tanning booth, or tanning bed.

Effective Date: 
Wednesday, October 7, 2009
Doc Status: 
Complete

Section 72-1.2 - Application

72-1.2 Application.

(a) The requirements of this Subpart shall apply to all tanning facilities except where ultraviolet radiation devices are used by a qualified health care professional for treatment of medical conditions.

(b) A county or other local jurisdiction may apply to the department for approval of a program for the regulation of tanning facilities within its jurisdiction. When such approval is given, the department of health, or equivalent agency of such county or other local jurisdiction, may enact and enforce local regulations governing such program.

(c) Any local regulations issued pursuant to subdivision (b) of this section must be at least as protective as any related requirements in this Subpart, and may include, but are not limited to, provisions relating to the following:

(1) the conspicuous posting of the tanning facility's license and appropriate warning signs;

(2) the required provision of informational materials by tanning facilities, which may include, but need not be limited to, an advisory to customers of conditions, such as the use of photosensitizing drugs, under which the use of ultraviolet radiation is contraindicated;

(3) standards for cleanliness, hygiene and safety;

(4) the requirement that each tanning facility provide safety goggles and any other safety-related devices to customers without additional charge therefor;

(5) the reporting of injury or illness related to the use of ultraviolet radiation devices;

(6) requiring tanning facilities to maintain specified records;

(7) requiring patrons to provide identification and sign a statement of acknowledgment prior to undergoing ultraviolet radiation exposure at a tanning facility.

The requirements of sections 72-1.1 and 72-1.3 et seq. of this Subpart shall not apply within a local jurisdiction that has established and been approved for a program pursuant to subdivision (b) of this section when such program is in effect.

Effective Date: 
Wednesday, November 6, 2013
Doc Status: 
Complete

Section 72-1.3 - Enforcement, public health hazards and other violations

(a) Enforcement.

(1) Operation of a tanning facility without a permit is a violation of this Subpart. The PIO may order any tanning facility operating without a permit to close and remain closed until the facility obtains and displays a valid permit.

(2) Operators in violation of these regulations are subject to the enforcement provisions delineated in the Public Health Law. Where a public health hazard is found, the tanning facility or portion of the facility constituting the hazard shall be placarded to prohibit use until the hazard is corrected in order to protect the public health or safety of the patrons. When a placard is used, it shall be conspicuously posted at each entrance to the tanning facility or portion of the facility constituting the hazard. The placard shall state the authority for its placement and indicate that concealment, mutilation, alteration or removal of it by any person without permission of the PIO shall constitute a violation of this Chapter and the Public Health Law.

(3) Within fifteen (15) days of placarding a facility or portion of the facility, the operator shall be provided with an opportunity to be heard and present proof that continued operation of the facility does not constitute a danger to the public health.

(4) The PIO or his/her designated representative may inspect the premises, within two (2) working days of notification that the hazard has been eliminated, to remove the placards after verifying the correction, or upon notification of correction, may provide verbal authorization for the operator to remove the placard and resume use.

(b) Public health hazards. Any of the following violations are public health hazards, which require the PIO or a designated representative to order immediate correction or to immediately institute action as provided in the law and/or in this Subpart:

(1) The condition of the wiring or electrical system components of tanning equipment is such that an imminent fire or shock hazard exists;

(2) An ultraviolet radiation device does not have an adequate label;

(3) Failure to operate an ultraviolet radiation device in accordance with the label;

(4) Failure to assure and maintain the accuracy of ultraviolet radiation device timers;

(5) Failure to ensure that patrons possess adequate protective eyewear;

(6) Failure to provide adequate protective eyewear at no additional charge to patrons not possessing their own adequate protective eyewear;

(7) Inadequate sanitizing of tanning beds, tanning booths, pillows, headrests or reusable protective eyewear;

(8) Failure to provide timer lockout or remote timer controls; or

(9) Any other condition determined by the PIO to be an imminent risk to the public's health and safety.

(c) Other violations.

Failure to comply with other sections of this Subpart or other parts of this title may be subject to a penalty.

Effective Date: 
Wednesday, October 7, 2009
Doc Status: 
Complete

Section 72-1.4 - Permits and fees

(a) The PIO shall issue a permit to a person who meets the requirements of these rules and submits an application on a form prescribed by the State Commissioner of Health along with payment of a $30 registration fee per biennial registration period and an inspection fee as specified in section 72-1.5(b) of this Subpart.

(b) A permit issued pursuant to these rules shall be issued to a specific applicant for a specified location and shall be effective for no more than two (2) years from the date of issuance.

(c) Permits may be issued for a period of less than two years, with appropriate proration of the registration fee at the rate of $1.25 per month or each portion of a month thereof.

(d) The PIO may stagger biennial registration periods among tanning facilities as needed to effectively administer permits within their jurisdiction. The PIO may choose to stagger periods by date of application, by size of regulated facility, by geographic location, or by some other classification or grouping determined by the PIO.

(e) When registration periods are staggered, the first registration period shall be January 1 through June 30 and the second period shall be July 1 through December 31, or some other scheme may be used as determined by the PIO to effectively administer permits within their jurisdiction.

(f) Operators of facilities doing business on the effective date of these rules shall apply for a permit within 60 days of the effective date of these rules. Operators of tanning facilities that will begin operation after the effective date of these rules shall obtain a permit before beginning operation.

(g) Each permit shall include but not be limited to the following: one facility name, one facility location, name of owner/operator, registration period and name of PIO.

(h) A permit is not transferable from one person to another or from one establishment location to another.

(i) The permit shall be conspicuously posted within the tanning facility.

Effective Date: 
Wednesday, October 7, 2009
Doc Status: 
Complete

Section 72-1.5 - Inspection and inspection fees

(a) A person operating a tanning facility shall allow the Department and PIO representatives access to conduct inspections and access to all equipment and records as may be necessary to determine compliance with these rules, provided such inspections are conducted during normal business hours.

(b) An inspection fee not to exceed $50 per ultraviolet radiation device will be charged once per biennial licensing period.

Effective Date: 
Wednesday, October 7, 2009
Doc Status: 
Complete

Section 72-1.6 - Variances and waivers

(a) Variance. In order to allow time to comply with certain provisions of this Subpart, an operator may submit a written request to the PIO for a variance from a specific provision(s) when the health and safety of the public will not be prejudiced by the variance, and where there are substantial practical difficulties or substantial fiscal hardships in immediate compliance with the provision(s). An operator must meet all terms of an approved variance including the effective date, the time period for which the variance is granted, the requirements being varied and any special conditions the PIO specifies.

(b) Waivers. In order to obtain a waiver allowing alternative arrangements that do not meet the provisions of this Subpart but do protect the health and safety of the public, an operator may submit a written request to the PIO for a waiver from a specific provision(s) of this Subpart. Such requests must demonstrate that the alternate arrangements provide adequate protection of the health and safety of the public. The PIO shall obtain and be guided by the recommendation of the Department prior to granting or denying a waiver. An operator must meet all terms of an approved waiver. A waiver will remain in effect indefinitely unless revoked by the PIO or the facility changes operators.

Effective Date: 
Monday, October 5, 2009
Doc Status: 
Complete

Section 72-1.7 - Injury and illness reporting and record keeping requirements

(a) A full report of specific injuries or illnesses occurring as a result of using an ultraviolet radiation device shall be made by the operator to the PIO within twenty-four (24) hours of notification of its occurrence. Reportable injuries and illnesses shall include:

(1) all eye injuries requiring medical attention;

(2) all burns requiring medical attention;

(3) any other injury or illness incident resulting from the use of an ultraviolet radiation device for which medical care has been obtained.

(b) Details of any reportable injury or illness shall be entered on a form prescribed by the Department. Forms shall be maintained at the tanning facility for a minimum of two (2) years and must be available for review by the PIO.

Effective Date: 
Wednesday, October 7, 2009
Doc Status: 
Complete

FACILITY OPERATIONS

Section 72-1.8 - Patron identification, acknowledgements and consent requirements

(a) Age verification

(1) The operator shall require each patron to provide a driver's license or other photo identification issued by a government entity or educational institution indicating that the patron is at least eighteen (18) years of age.

(2) No person under seventeen (17) years of age shall be permitted to use an ultraviolet radiation device. Persons seventeen (17) years of age to eighteen (18) years of age must provide a consent form as described in Section 72-1.8 (d) of the Subpart.

(b) The operator shall provide to all patrons the Department's information sheet which advises of health risks and conditions under which the use of ultraviolet radiation is contraindicated, such as the use of photosensitizing drugs. Prior to initial exposure, each patron shall also be provided the opportunity to read a copy of the warning specified in Section 72-1.9(a)(2) of these rules.

(c) Statement of acknowledgement

(1) During the initial visit to the tanning facility, the operator shall require that each patron eighteen (18) years of age and older sign a statement that the warning and informational pamphlet has been read and understood prior to using any ultraviolet radiation device, and that the patron agrees to wear adequate protective eyewear.

(2) No person shall undergo ultraviolet radiation exposure without such a signed statement on file.

(3) The operator or a designated employee shall also sign and date the statement.

(d) Consent form

The operator shall not permit persons seventeen (17) years of age to eighteen (18) years of age to use ultraviolet radiation devices until such persons provide the tanning facility operator or an employee responsible for the operation of the ultraviolet radiation device of such facility (per § 3555(2) of PHL) with the written consent form, prescribed by the Commissioner, indicating the following conditions have been met:

(1) Prior to the initial ultraviolet radiation exposure, the parent or legal guardian shall sign and date the consent form in the presence of the operator or an employee responsible for the operation of the ultraviolet radiation device of such facility (per § 3555(2) of PHL).

(2) By signing the consent form, the parent or legal guardian and persons seventeen (17) years of age to eighteen (18) years of age acknowledges that they have read the warnings required in Section 72-1.9(a) of these rules and have received the information specified in Section 72-1.8(b) of these rules.

(3) By signing the consent form, the parent or legal guardian acknowledges that the person(s) seventeen (17) years of age to eighteen (18) years of age has agreed to wear protective eyewear.

(4) The operator or a designated employee shall also sign and date the form.

(5) The written consent form signed by a parent or legal guardian shall expire twelve (12) months from the date it was signed.

Effective Date: 
Wednesday, November 6, 2013
Doc Status: 
Complete

Section 72-1.9 - Physical facilities and equipment

Each tanning facility shall be constructed, operated and maintained to meet the following minimum requirements:

(a) Required warning signs

(1) Warning signs shall be readily legible, clearly visible, and not obstructed by any barrier, equipment, or other item present so that the patron can easily view the warning sign before energizing the ultraviolet radiation device. This sign is in addition to manufacturer's signs affixed to the device.

(2) Each warning sign shall be at least 8.5 inches by 11 inches, and use upper and lower case letters which are at least 10 mm (0.39 inches) and 5 mm (0.20 inches) in height, respectively. Lettering shall be bolded as in the text below. Signs shall have the following wording:

WARNING ULTRAVIOLET RADIATION

FOLLOW INSTRUCTIONS.

AVOID OVEREXPOSURE.

The manufacturer's
maximumexposure time for this device is
(specify)minutes.

As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer.

WEAR PROTECTIVE EYEWEAR.
FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYE.

MEDICATIONS OR COSMETICS MAY INCREASE YOUR SENSITIVITY TO ULTRAVIOLET RADIATION.Consult a physician before using tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight.

IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN FROM THE USE OF THIS PRODUCT.

(b) Posting of required warnings.

A warning sign shall be posted in the immediate proximity (within three feet) of each ultraviolet radiation device. The operator shall enter the manufacturer's maximum exposure time on the sign for the device it is posted near.

(c) Equipment.

(1) Only adequately labeled ultraviolet radiation devices shall be used in tanning facilities.

(2) Each ultraviolet radiation device shall incorporate a timer system with multiple timer settings as specified on the manufacturer's label. The maximum timer

interval(s) shall not exceed the manufacturer's maximum recommended exposure time.

(i) No timer interval shall have an error greater than 10% of the maximum timer interval for the product.

(ii) The operator shall perform annual testing on all timers to ensure that this standard is met.

(iii) The timer must not automatically reset and cause radiation emission to resume for a period greater than the unused portion of the timer cycle, when emission from the ultraviolet lamp has been interrupted.

(3) Each ultraviolet radiation device shall allow the patron using the ultraviolet radiation device to terminate ultraviolet radiation emission manually at any time without disconnecting the electrical plug, removing the ultraviolet lamp or leaving the immediate environs of the ultraviolet radiation device.

(4) Timers shall be set by the operator or by a designated employee.

(5) No later than two years after the effective date of this Subpart, existing ultraviolet radiation devices not equipped with a remote timer control system are required to have remote timer controls or a lock out device installed, such that patrons can not reset the timer.

(6) New facilities (including existing facilities with change of ownership) shall install remote timer controls or a lock out device prior to the operation of ultraviolet radiation devices.

(7) All ultraviolet radiation devices shall be free of electrical hazards.

(8) All ultraviolet lamps must be shielded with an acrylic cover to protect patrons from injury caused by touching or breaking lamps.

(9) Additional requirements for stand-up booths:

(i) There shall be physical barriers or other means such as handrails or floor markings to indicate the recommended exposure distance between ultraviolet lamps and the patron's skin.

(ii) Doors shall open outwardly. Handrails and non-slip floors shall be provided.

(10) Defective or burned out ultraviolet lamps or filters shall be replaced with a type compatible for use in that device as specified on the product label on the ultraviolet radiation device, or as recommended by the manufacturer.

(11) Equipment maintenance records must be maintained for a minimum of two (2) years. The operator must be able to produce such records upon inspection of the facility by the Department or the PIO's representative.

(d) Sanitation.

(1) Ultraviolet radiation devices and protective eyewear shall be cleaned with an adequate disinfectant after each use.

(2) The ultraviolet light produced by the ultraviolet radiation device shall not be considered an adequate sanitizing agent.

(3) When the operator dilutes a concentrated disinfectant in lieu of using a commercially prepared, full strength disinfectant, a test kit or other device that accurately measures the concentration of the disinfectant in parts per million (ppm) shall be used to measure the strength of the solution. The diluted disinfectant shall be tested when initially prepared and at least weekly thereafter to ensure sufficient strength of the disinfectant.

(4) The ultraviolet radiation device shall be cleaned and sanitized according to the following minimum provisions:

(i) A clean paper or cloth towel shall be used each time the tanning device is cleaned and sanitized;

(ii) The disinfectant shall be one specifically manufactured for sanitizing ultraviolet light-emitting equipment and shall be prepared and used according to manufacturer's specifications;

(5) The disinfectant used to clean and sanitize protective eyewear shall be one specifically manufactured for sanitizing ultraviolet radiation protective eyewear and shall be prepared and used according to the manufacturer's specifications.

(6) Written procedures maintained at the facility shall include proper mixing and handling instructions for each disinfectant used to ensure proper concentration and safe use of the disinfectant.

(7) Pillows and headrests shall be covered in an easily cleanable material and shall be sanitized with an adequate disinfectant after each use.

(8) If towels or other linens are provided for patron use, they shall be washed with a detergent in hot water, rinsed and thoroughly dried after each use.

Effective Date: 
Wednesday, October 7, 2009
Doc Status: 
Complete

Section 72-1.10 - Protective eyewear

(a) The operator shall assure that each patron using an ultraviolet radiation device possesses adequate protective eyewear.

(b) Adequate protective eyewear shall be provided at no additional charge to patrons not possessing their own protective eyewear.

(c) The operator shall have available for patron use an adequate number of sets of protective eyewear.

(d) The protective eyewear provided by the operator other than single-use disposable eyewear shall be disinfected after each use according to provisions detailed in section 72-1.9(d)(5) of this Subpart.

Effective Date: 
Wednesday, October 7, 2009
Doc Status: 
Complete

Section 72-1.11 - Operator responsibilities

(a) The operator shall maintain a record of each patron's tanning visits, recording the date, duration of tanning exposure, and ultraviolet radiation device used. Each record shall be maintained for a minimum of two (2) years.

(b) The operator must report certain injuries and illnesses to the PIO, and to keep a record of reportable injuries and illnesses on a form prescribed by the Department, as detailed in section 72-1.7 of this Subpart. Each record shall be maintained for a minimum of two (2) years.

(c) The operator must keep and maintain an equipment maintenance log as detailed in section 72-1.9 (c)(11) of this Subpart.

(d) The operator must maintain records showing the results of annual timer tests as detailed in section 72-1.9 (c)(2)(ii) of this Subpart. Each record shall be maintained for a minimum of two (2) years.

Effective Date: 
Wednesday, October 7, 2009
Doc Status: 
Complete

Part 73 - Asbestos Safety Training Program Requirements

Effective Date: 
Wednesday, November 5, 1997
Doc Status: 
Complete
Statutory Authority: 
Labor Law, Section 905

Section 73.1 - Definitions

Section 73.1 Definitions. (a) Approved asbestos safety training program.A program approved by the Commissioner of Health offered in a specific discipline, which provides through qualified instructors training in such areas as the handling, evaluation, and removal of asbestos containing material (ACM), education concerning safety and health risks inherent in such handling and removal, and training in the techniques for minimizing the exposure of the public to asbestos fibers, which shall include, but not be limited to instruction in all applicable Federal, State and local laws and regulations.

(b) Asbestos.Any naturally occurring hydrated mineral silicate separable into commercially usable fibers, including chrysotile (serpentine), amosite (cumingtonite-grunerite), crocidolite (riebeckite), termolite, anthophyllite and actinolite.

(c) Asbestos Handler.An individual who removes, encapsulates, repairs, or encloses asbestos containing material or who disturbs asbestos containing material.

(d) Asbestos Project.Work undertaken by a contractor which involves the installation, removal, encapsulation, application or enclosure of any asbestos containing material, or the disturbance of asbestos containing material, except for work in an owner-occupied single family dwelling performed by the owner of such dwelling. Where all asbestos work on a project is subcontracted to a contractor with an asbestos-handling license, only that part of the work involving asbestos containing material shall be deemed to be an asbestos project.

(e) Asbestos safety training program evaluation form.A form provided by the asbestos safety training provider to be completed by the trainees allowing them to evaluate all aspects of the training received.

(f) Asbestos safety training provider.The provider or operator of an approved asbestos safety training program.

(g) Asbestos supervisor.The individual who supervises the asbestos project and ensures that proper asbestos work procedures as well as individual safety procedures are being adhered to.

(h) Contractor.The State, any political subdivision of the State, a public authority or any other governmental agency or instrumentality thereof, self-employed person, company, unincorporated association, firm, partnership, or corporation and any owner or operator thereof, which engages in an asbestos project or employs persons engaged in an asbestos project.

(i) Department.The Department of Health.

(j) Health professional.A person having a degree in community health, environmental health science, industrial hygiene or other related science or a person the commissioner determines is qualified on the basis of knowledge, experience and communication skills to effectively communicate the health effects of asbestos and the risks associated with unsafe handling practices.

(k) Large asbestos project.An asbestos project involving the installation, removal, disturbance, enclosure, or encapsulation of 160 square feet or more of asbestos or asbestos material or 260 linear feet or more of asbestos or asbestos material.

(l) Small asbestos project.An asbestos project involving the installation, removal, disturbance, repair, encapsulation or enclosure of more than 10 and less than 160 square feet of asbestos or asbestos material, or more than 25 and less than 260 linear feet of asbestos or asbestos material.

(m) Minor asbestos project.An asbestos project involving the installation, removal, disturbance, repair, encapsulation or enclosure of 10 square feet or less of asbestos or asbestos material, or 25 linear feet or less of asbestos or asbestos material.

(n) Allied trades.Any person performing any limited or special tasks in preparation of or ancillary to an asbestos abatement project, such as a carpenter, electrician, plumber, cable puller, one who installs or repairs heating and ventilation systems or one engaged in a similar occupation or any other person who may incidentally disturb asbestos during the course of an asbestos project.

(o) Asbestos project air sampling technician. Any person performing air sampling as required by Section 56-17.4 of Title 12 NYCRR.

(p) Inspector. Any person performing the limited tasks involved in the survey, identification, recording and reporting of asbestos material or collecting bulk samples of suspected asbestos materials for laboratory analysis.

(q) Management planner. Any person responsible for using data gathered by inspectors to assess the asbestos containing materials hazard in buildings, determine the appropriate response actions, and develop a schedule for implementing response actions.

(r) Abatement project designer. Any person responsible for designing asbestos abatement projects.

(s) Project monitor.Any person who serves as an on-site representative of the building owner to oversee asbestos abatement work. (t) Training day.The duration of a day of training is eight hours of which six and one half hours must be contact hours.

(u) Contact hour.A contact hour is sixty minutes of asbestos safety training provided by an approved asbestos safety training provider.

(v) Training Director.The individual, designated by the asbestos safety training provider and approved by the department, who is responsible for ensuring that the training program complies with all provisions of this Part. In addition, the Training Director is the individual who monitors the performance and qualifications of the instructors and the quantity and quality of all of the instruction provided.

(w) Interactive/participatory teaching methods.Instruction where there is active interaction and/or participation of the students during training, as opposed to passive instruction such as lecture. Examples of interactive/participatory teaching methods include, but are not limited to, hands-on workshops, demonstration and practice, small group problem-solving, games, discussions, risk mapping, field visits, walk-throughs, problem-posing, group work assignments, homework and review sessions, question and answer period, skits, and role-playing sessions.

(x) New York State Department of Health Certificate of Asbestos Safety Training Completion.A certificate issued by the department to an approved training provider to be completed by the training provider and given to trainees who successfully complete a New York State accredited asbestos safety training program. The certificate is the official record of successful completion of New York State accredited asbestos safety training.

Effective Date: 
Wednesday, November 5, 1997
Doc Status: 
Complete

Section 73.2 - Administrative requirements and practices for asbestos safety training providers

73.2 Administrative requirements and practices for asbestos safety training providers . The following administrative requirements and their application in the training program must be met and maintained by all asbestos safety training providers. Plans and procedures for meeting these requirements must be part of any application submitted by a training provider for accreditation of an asbestos safety training program.

(a) Training Director - Each asbestos safety training provider must have designated at all times a Training Director who is approved by the department. The name and credentials of the Training Director shall be submitted for department review with each application for accreditation of an asbestos safety training program and whenever a new Training Director is designated. The Training Director shall have experience in designing, implementing and evaluating either employee educational programs in asbestos safety or vocational educational programs related to asbestos. The Training Director shall be directly involved in the program.

(1) Duties. The Training Director will be responsible for ensuring that the training program complies at all times with all of the requirements of this Part and the procedures for meeting said requirements submitted as part of the application for accreditation and shall be directly involved in the asbestos safety training program. Such duties shall include, but not be limited to:

(i) development and/or revision of asbestos safety training program;

(ii) review of instructor qualifications and determination of foreign language fluency of proposed instructors for training programs conducted in languages other than English;

(iii) development and/or revision of final examination;

(iv) monitoring the performance of instructors;

(v) monitoring the quantity and quality of all asbestos safety training provided;

(vi) maintenance of training records; and

(vii) all other functions of training directors as described in this Part.

(b) All instructors for approved programs must meet the minimum qualifications as described in Section 73.4 of this Part. Only instructors approved by the department may be used to give instruction in a program accredited by the Commissioner of Health.

(c) The training provider shall ensure that all facilities and equipment necessary to conduct programs are adequate for and appropriate to the delivery of such programs and shall certify the adequacy of the facilities and equipment in the initial application for accreditation and with every requested change in facility and equipment. Equipment shall be available in sufficient quantity to accommodate students' needs and shall be maintained in proper working order. Training equipment that reflects current work practices must be provided.

(d) The training provider shall use, but is not limited to using, any materials, information or audio-visual aids which are required by the Department of Health (DOH). Materials, information or audio-visual aids not required, but which are to be used by the training provider, must first be approved by the Department of Health.

(e) The training provider will put in place a quality assurance program that will:

(1) ensure that training is updated to include new information and practices;

(2) include a general evaluation of the program by the students. The general evaluation shall be formatted to allow the students to evaluate each instructor with regard to effectiveness of presentation and knowledge of topic area. Copies of the general evaluation of the program shall be maintained as part of the program file;

(3) assess student program evaluations and implement actions to address legitimate deficiencies noted by students;

(4) ensure the validity and integrity of the program test;

(5) evaluate and ensure the continued adequacy of facilities and equipment; and

(6) provide for evaluation of instructors by the training director to determine the effectiveness of presentation and knowledge of topic area.

(f) The training provider shall send a minimum of one delegate to any meeting as required by the Department of Health.

(g) The training provider shall administer an examination, specific for each accredited training program, which is provided by or approved by the Department of Health and as described in section 73.7 of this Part.

(h) The Training Director or other representative of the training provider with supervisory authority over the training program shall inform the Department of Health in writing two weeks in advance of any asbestos safety training program to be conducted by the training provider and shall permit a representative(s) from the Department of Health or the Department of Labor to attend, without charge. The representative(s) will observe the program to insure compliance with this Part. Training notification received with less than two weeks notice but at least 72 hours notice from the proposed date of training must be accompanied by a roster of students scheduled to attend. The department will not recognize any program presented with less than 72 hours advance notice unless the program is being presented in response to an environmental emergency. Cancellation of any scheduled program must be communicated to the department by telephone or by fax no later than 10:00 a.m. of the first day on which the training program was to be held. (i) The training provider must notify the department in writing of any changes in any aspect of an approved training program prior to implementing such change. Changes may not be implemented unless they are in accordance with the requirements of this Part and have been approved by the department. Changes include, but are not limited to, changes in Training Director, instructor(s), program topics, teaching methods, language in which the program is given, training date, location of scheduled training, or any other aspect of the training program as described in this Part.

(j) If any revision in State or Federal asbestos safety training regulations occur, or any other revisions (changes) occur which necessitate a change in an approved asbestos safety training program, the Department of Health will notify the approved training providers. Approved training providers must incorporate the changes into the next scheduled training program unless otherwise specified by the Department of Health.

(k) The training provider shall present an asbestos safety training program only in the language specified in the application submitted to the Department of Health for accreditation. The use of interpreters in the presentation of the program is not permitted. A training provider must submit a separate application for each language in which the asbestos safety training program will be presented. The application for a language other than English must include all of the elements specified in section 73.3 of this Part and, in addition, include an accurate translation of all training materials into the language in which the training program is to be presented, the equivalent English version if not already approved, a notarized letter from the translator attesting to the accuracy of the translation from English into the foreign language and evidence that all instructors to be used in the program's presentation are fluent in that language.

(l)(1) The training provider shall provide at no charge to each student successfully completing a New York State Department of Health accredited initial or refresher asbestos safety training program, a New York State Department of Health Certificate of Asbestos Safety Training Completion (DOH 2832). The training provider may also provide each such student with a diploma or other letter of training completion in addition to the certificate. Each New York State Department of Health Certificate of Asbestos Safety Training Completion issued must contain specific information that details a unique certificate number, name, address and telephone number of the training provider, the name of accredited person, program discipline, date(s) of the training program, date of the examination, an expiration date of one year after the date upon which the person successfully completed the program and examination and a statement that the person receiving the certificate has completed the requisite training for asbestos accreditation under the Toxic Substance Control Act (TSCA) Title II. Any diploma or letter must clearly state that the official record of successful training completion is the New York State Department of Health Certificate of Asbestos Safety Training Completion. All students completing New York State Department of Health approved initial or refresher asbestos safety training must be informed by the training provider how to obtain New York State Department of Labor asbestos abatement certification. Students shall also be informed of Environmental Protection Agency (EPA) accreditation requirements, including the expiration date of their accreditation and the grace period to complete refresher training. A student receiving a training completion certificate must be informed in writing of any other costs that would be imposed by the training provider if he/she were to request additional copies of his/her training completion certificate. Successful completion of training will be based upon the following criteria:

(i) complete attendance at all sessions of training; and

(ii) successful completion of a final examination.

(2) At the completion of each program offered, the program provider shall deliver to the department the Health Department's copy of each of the New York State Department of Health Certificates of Asbestos Safety Training Completion (DOH 2832) which were distributed to individuals who successfully completed training requirements.

(m) All training programs must be completed within a period of two weeks. Attendees shall not be required to attend more than eight hours of training in any single 24 hour period. Evening sessions shall not exceed a maximum of four hours for any single session. The number of hours of training required for each training program, which must be completed within a two week time period by the individual seeking a New York State Department of Health Certificate of Asbestos Safety Training Completion (DOH 2832), shall be as follows: (1) Initial Asbestos Handler training shall be a minimum of 32 hours, of which 16 hours will be dedicated to hands-on training. This represents 26 contact hours of training, of which 13 contact hours will be specific to hands-on activities.

(2) Asbestos Handler Refresher training shall be a minimum of 8 hours. This represents 6.5 contact hours of training.

(3) Initial Contractor/Supervisor training shall be a minimum of 40 hours, of which 16 hours will be dedicated to hands-on training. This represents 32.50 contact hours, of which 13 contact hours will be specific to hands-on activities.

(4) Contractor/Supervisor Refresher training shall be a minimum of 8 hours. This represents 6.5 contact hours of training.

(5) Initial Operations and Maintenance training shall be a minimum of 16 hours, of which 4 hours will be dedicated to hands-on training. This represents 13 contact hours, of which 4 contact hours will be specific to hands-on activities.

(6) Operations and Maintenance Refresher training shall be a minimum of 4 contact hours of training.

(7) Initial Allied Trades training shall be a minimum of 12 hours, of which 4 hours will be specific to hands-on activities. This represents 10.50 contact hours, of which 4 hours will be specific to hands-on training.

(8) Allied Trades Refresher training shall be a minimum of 4 contact hours of training.

(9) Initial Asbestos Project Sampling Technician training shall be a minimum of 16 hours, of which 5 hours will be specific to hands-on activities. This represents 13 contact hours, of which 5 contact hours will be specific to hands-on activities.

(10) Asbestos Project Air Sampling Technician Refresher training shall be a minimum of 4 contact hours of training.

(11) Initial Inspector training shall be a minimum of 24 hours, of which 4 hours will be specific to hands-on training. This represents 19.50 contact hours, of which 4 contact hours will be specific to hands-on activities.

(12) Inspector refresher training shall be a minimum of 4 contact hours of training.

(13) Initial Management Planner training shall be a minimum of 16 hours. This represents 13 contact hours of training. A trainee must first complete an Inspector training program as defined in Section 73.5(f) of this Part.

(14) Management Planner refresher training shall be a minimum of 8 contact hours of training, which shall include the four hour Inspector refresher training program.

(15) Initial Project Designer training shall be a minimum of 24 hours. This represents 19.50 contact hours of training.

(16) Project Designer refresher training shall be a minimum of 8 hours of training. This represents 6.50 contact hours of training.

(17) Initial Project Monitor training shall be a minimum of 40 hours, of which 6 hours will be specific to hands-on training. This represents 32.50 contact hours, of which 6 contact hours will be specific to hands-on activities.

(18) Project Monitor refresher training shall be a minimum of 8 hours of training. This represents 6.5 contact hours of training.

(n) The classroom and hands-on ratio of students to instructors shall not exceed the following:

(1) Classroom - 25 to 1.

(2) Hands-on - 8 to 1.

(o) A person seeking accreditation in any one of the disciplines cannot attend two or more programs concurrently but may attend such programs sequentially. Trainees must complete all portions of the training to successfully complete the program.

(p) The training provider must verify initial and refresher training credentials submitted by individuals prior to their enrollment into a refresher program. Verification of training credentials to ensure valid accredited training is a prerequisite for admittance into a New York State Department of Health approved refresher training program. Receipt of these credentials and verification that the training credentials meet USEPA or Model Accredited State Plan requirements must occur before the individual is allowed to take the refresher training program. New York State Department of Health approved training providers must respond to requests for such verification when requested by other approved training providers.
 

Effective Date: 
Wednesday, November 5, 1997
Doc Status: 
Complete

Section 73.3 - Application information

73.3 Application information. A training provider seeking accreditation of any initial or refresher asbestos safety training program described in sections 73.5 and 73.6 of this Part shall apply to the Department of Health for each such program. Provisional accreditation shall be determined after a full review of the program application has been completed. If provisional approval is granted, a letter of provisional accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, the department may request additional information to address inadequacies in the application for accreditation. If a training provider's application is disapproved, the provider may reapply for accreditation at any time. The training provider shall submit the following information to the Department of Health for review at least 45 days prior to the requested approval date:

(a) A completed copy of the appropriate Department of Health application form;

(b) A description of the training facility(ies) including a diagram or blueprint which identifies classrooms with their respective area dimensions, recordkeeping location(s), and equipment storage location(s). If records are to be stored at a location other than the training facility, the address and site specific information on the record storage room must be included;

(c) A detailed outline of the program including the length of training, the amount of time allotted to each topic, a description of the type of teaching method for each topic, and the name(s) of the proposed instructors for each topic. For each proposed instructor include credentials demonstrating previous adult teaching experience, knowledge of the topics he/she will be teaching and/or description of relevant field experience in asbestos abatement;

(d) Copies of instructor lesson plan and transparencies, slides, and audio-visual materials to be used to supplement the program presentation. The training provider must detail in the application for accreditation those interactive/participatory teaching methods to be used and in which topic areas they will be employed;

(e) One copy of the entire student manual along with all other written materials intended to augment the student manual;

(f) A detailed description of the training provider's management and corporate structure including individual names of management personnel and corporate officers. The detailed description must include details of other business affiliations including, but not limited to, affiliations with asbestos abatement firms, environmental sampling and analysis firms and manpower brokerage firms;

(g) Evidence that the proposed Training Director meets the qualifications listed in subdivision 73.2(a) of this Part;

(h) A description of all materials and equipment to be used for hands-on practice exercises and demonstrations. This description shall include, but not be limited to, type and quantity of:

(1) protective clothing;

(2) personal respirators and their respective filters;

(3) high efficiency particulate absolute (HEPA) vacuum filtration equipment;

(4) negative air pressure equipment;

(5) building materials for containment and decontamination unit including, but not limited to, plastic sheeting (6 millimeter in thickness), duct tape, appropriate carpentry tools, ground fault interrupters, water filtration equipment, non-asbestos material, scaffolding and ladders;

(6) asbestos abatement equipment including, but not limited to, glovebags for removing horizontal and vertical pipe insulation and for insulation on pipe elbows, tent structures, smoke test equipment, water spray devices and hand tools;

(7) sampling equipment including, but not limited to, bulk sampling devices, personal air sampling pumps and respective filters, area sampling pumps and respective filters, primary and secondary calibration devices, chain of custody forms and sample containers;

(i) A full description of a quality control program as described in subdivision 73.2(e) of this Part;

(j) A copy of the examination and its respective answer sheet and a detailed statement explaining the methodology used to develop and select the examination questions;

(k) A sample asbestos safety training program evaluation form;

(l) The training provider must submit a detailed recordkeeping procedure which identifies the type of records to be maintained as described below, the address where records will be maintained, the organization in which they will be maintained and what security measures will be implemented to ensure the integrity of the records. The training provider shall maintain all required records for a minimum of three years. Upon request, the training provider must allow a representative of the New York Stare Department of Health or the Department of Labor reasonable access to all required records. If a training provider ceases to conduct training, the training provider shall notify the Department of Health and give it the opportunity to take possession of that provider's asbestos training records. Students receiving training completion certificates must be informed in writing at the time of the program of any costs they would incur if they were to request additional copies of their training completion certificates. (1) Individual training program records must include the following:

(i) list of instructors that taught each program on each date that it was offered and the topic areas they presented;

(ii) the name of the instructor(s) who proctored and/or graded the exam for each program;

(iii) attendance roster for each session of training which must be signed by the student at the beginning and end of each session. The roster must include the times that each student arrived and departed the training session. For those students who miss any portion of the scheduled program, documentation must be included which verifies make-up of that missed portion of the program. Individuals must attend all sessions in order to satisfactorily complete the program; and

(iv) student program evaluations.

(2) Individual student records must include the following for each program attended:

(i) the name of the individual attending the program, his/her social security number or other suitable form of identification, the type of program attended and the dates of attendance;

(ii) completed sponsor copy of the DOH 2832 form;

(iii) a copy of any form letter or diploma that is issued to the student upon completion of the program;

(iv) a graded and dated examination answer sheet for each exam attempt, and with respect to repeat examinations, a narrative explaining any assistance provided to the student prior to the re-test;

(v) signed student program information memorandum specific to the program offered;

(vi) all appropriate documentation demonstrating initial and any refresher training must be included in the student file or referenced in those instances where the training sponsor has provided the initial training and all subsequent refresher training; and

(vii) documentation of valid Inspector accreditation for each individual attending an initial Management Planner training program. This information must be verified at the time of program admission.

(3) Program accreditation file must include the following for each program offered:

(i) a copy of the Department's program accreditation letter (provisional and full) for each specific program and approval letters received from New York City, United States Environmental Protection Agency (USEPA) and other States;

(ii) copies of the application form and all training program materials submitted to the Department as part of the original curriculum submission;

(iii) copies of all revisions to the accredited curriculum and correspondence approving such revisions;

(iv) copies of all instructor' resumes, and the documents approving each instructor issued by the Department, New York City Department of Environmental Protection, USEPA and/or other states;

(v) copies of exam questions for each program offered.

(4) Department of Health memorandum file which contains all memoranda issued by the department and pertaining to asbestos safety training;

(m) The names of the designated lead classroom instructors and lead hands-on instructors and their qualifications and topic(s)/hands-on area(s) to be taught by each instructor. The following documents must be submitted as necessary to prove that the designated instructor meets the requirements of section 73.4, including relevant educational, work experience, and training requirements.

(1) Official academic transcripts; and/or

(2) One of the following:

(i) resume;

(ii) letters of reference;

(iii) instructor certification in another Model Plan Accredited State; or

(iv) documentation of work experience; and

(3) A copy of the signed statement of employment;

(n) Changes to any aspect of the training program. The training provider must describe the procedure used to notify the department in writing of any changes in any aspect of an accredited training program prior to implementing such change. With every application for accreditation of an asbestos safety training program the training provider must certify that such notification will be given;

(o) A list of all other governmental authorities that currently approve the training course.
 

Effective Date: 
Wednesday, November 5, 1997
Doc Status: 
Complete

Section 73.4 - Minimum instructor qualifications

73.4 Minimum instructor qualifications. (a) Instructors must possess knowledge of the topics that will be taught, which may have been acquired through such means as relevant training or education or relevant field experience in the asbestos abatement industry, and the ability to effectively communicate the topics that will be taught.

(b) An instructor shall have sufficient experience or knowledge in the design and implementation of public health protection programs associated with asbestos to effectively communicate the principles and legal requirements of public health protection to program attendees.

(c) For all approved programs a health professional shall teach the specific topics of the health effects of asbestos and medical monitoring.

(d) The instructor teaching sections of programs involving the hands-on practice sessions shall have one year of actual work experience in the area being taught.

(e) Instructors whose involvement in the program is limited to the specific topics of legal liability, health effects, or medical monitoring are not required to meet the requirements of subdivisions (b) and (d) of this section but must meet all other applicable requirements.

(f) The department may deny instructor approval if an instructor has been found in violation of relevant state or federal asbestos regulations.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 73.5 - Topics and requirements for initial asbestos safety training programs

73.5 Topics and requirements for initial asbestos safety training programs. An accredited initial asbestos safety training program shall include at least the core topics listed in subdivision (a) of this section. Actual asbestos material shall not be used for hands-on exercises.

(a) Core topics for all initial asbestos safety training programs except management planner are:

(1) history of asbestos use;

(2) identification of asbestos:

(i) Types and physical characteristics of asbestos including fiber size, aerodynamic characteristics and appearance;

(ii) Common uses and applications for asbestos containing products.

(3) current Federal, State and local laws, regulations and guidelines concerning asbestos, including but not limited to the areas of air monitoring, recordkeeping, employee notification of exposures and mandatory worksite safety procedures;

(4) health effects of asbestos:

(i) factors affecting disease development including: properties of asbestos; how asbestos enters the respiratory and digestive systems and the abdominal and chest cavity; concentration and duration of exposure; and body defenses;

(ii) clinical signs of asbestos exposure based on visible changes in x-rays including plaques and asbestos bodies;

(iii) asbestos-related diseases: Asbestosis, lung cancer, mesothelioma and digestive system cancers (including the definitions and the concepts of risk, latency, symptoms, and diagnosis);

(iv) health risks to family members of asbestos workers;

(v) synergism between cigarette smoking and asbestos exposure; and

(vi) lack of safe exposure level;

(5) protective clothing (hands-on practice required), including disposable and non-disposable clothing, its purpose, other requirements and options, who must wear it, donning, removal, storage, handling and disposal of clothing, types of clothing such as suits, booties, hoods, gloves, eye protection, and footwear;

(6) summary of abatement control options.

(b) Asbestos handlers training program. The asbestos handlers training program will be presented through lectures and a variety of interactive/participatory learning methods and shall provide each student with sufficient opportunities for practice exercises to thoroughly demonstrate that the students can properly perform all aspects of asbestos work and prevent unnecessary exposure to others at the worksite and to the general public by properly constructing and maintaining temporary barriers, by properly using protective equipment, and by using proper work area clean-up, decontamination, and work disposal techniques. The program shall include, but not be limited to, the following topics:

(1) core topics as listed in subdivision (a) of this section;

(2) employee personal protective equipment (hands-on practice and demonstration required):

(i) classes and characteristics of respirator types;

(ii) limitations of respirators and their proper selection, inspection, donning, use maintenance, and storage procedures;

(iii) methods for field testing of the facepiece-to-face seal (positive and negative pressure fitting tests);

(iv) qualitative and quantitative fit testing procedures;

(v) variability between field and laboratory protection factors that alter respirator fit (e.g. facial hair);

(vi) the components of a proper respiratory protection program;

(vii) requirements pertaining to personal protective equipment (See EPA Worker Protection Rule 40 CRFR Part 763, Subpart G; Occupational Safety and Health Act (OSHA) Asbestos Construction Standard, 29 CFR 1926.11, OSHA Respirator Standard 29 CFR 1910.134);

(viii) use of rotometer to perform an air flow check of a powered air purifying respirator;

(3) medical monitoring:

(i) requirements for physical examinations including a pulmonary function test, chest x-rays and a medical history for each employee (See Occupational Safety and Health Act (OSHA) Medical Surveillance Guidelines for Asbestos, 29 CFR 1910.1001(l); EPA Worker Protection Rule, 40 CFR Part 763, Subpart G);

(ii) frequency of medical examinations; and

(iii) employee access to records;

(4) personal hygiene:

(i) entry and exit procedures for the work area, including sequential steps of workers in clean room, shower room and equipment room;

(ii) use of showers;

(iii) sanitation including avoidance of eating, drinking, smoking and chewing (gum and tobacco) in the work area;

(iv) potential exposures, such as family exposure;

(5) preparation of the work area (hands-on practice required):

(i) occupants;

(ii) furniture and equipment, including the removal of movable furniture and equipment, covering and sealing stationary equipment such as duct work, cleaning of furniture;

(iii) ventilation and electrical systems; (iv) flooring;

(v) posting of signs;

(vi) electrical and ventilation system lock-out; and

(vii) pre-cleaning the work area;

(6) engineering control techniques to include a discussion of each of the following individually as they apply to installation, removal, encapsulation, enclosure, maintenance and repair (hands-on practice required):

(i) purpose, construction and maintenance of barriers and decontamination enclosure systems;

(ii) removal of non-asbestos surfacing material using proper working techniques which minimize fiber release;

(iii) use of wet methods and surfactants;

(iv) use of negative air pressure ventilation equipment;

(v) use of vacuum cleaner with High Efficiency Particulate Absolute (HEPA) filters;

(vi) use, maintenance and clean-up of tools;

(vii) good housekeeping, such as promptly bagging asbestos debris and other housekeeping features;

(viii) use of glovebags to remove non-asbestos insulation from a horizontal pipe, vertical pipe and elbow;

(ix) emergency procedures for sudden release;

(x) potential exposure situations; and

(xi) recommended and prohibited work practices;

(7) decontamination system (hands-on practice required) to include:

(i) construction of a decontamination enclosure system consisting of a clean room, shower and equipment room separated in series, from each other and the work area by three airlocks. This system shall be attached to the work area;

(ii) sequential steps of workers in clean room, shower room, and equipment room;

(iii) use of a shower water filtration system;

(iv) direction of air flow through the rooms;

(v) security of the work area and enclosure; and

(vi) purpose and use of an entry and exit log;

(8) proper clean-up and disposal (hands-on practice required):

(i) post abatement clean-up procedures and sequence of activities;

(ii) disposal including bagging, drumming, storage and transport;

(iii) daily work area and decontamination clean-up procedures;

(iv) clean-up of equipment; and

(v) removal of isolation barriers and decontamination enclosure system;

(9) other safety hazards that may be encountered during asbestos abatement activities and procedures to eliminate their occurrence (hands-on practice required):

(i) electrical hazards and placement of electrical cords to reduce tripping hazards

(ii) heat stress;

(iii) air contaminants other than asbestos;

(iv) fire and explosion hazards;

(v) gasoline engines;

(vi) scaffold and ladder hazards and proper use to minimize hazards;

(vii) slips, trips and falls;

(viii) confined spaces including requirements for entry and exit procedures;

(ix) noise;

(x) emergency procedures to follow in the event of fire and medical emergencies and failure of containment barriers;

(10) purposes and methods of asbestos air monitoring and testing (hands-on practice required):

(i) procedures to determine airborne concentrations of asbestos fibers, focusing on how personal air sampling is performed and the reasons for it;

(ii) air samples, air monitoring and personal monitoring procedures and requirements under Federal and State regulations;

(iii) sampling equipment demonstration including pumps, filters, and calibration;

(iv) types of analysis and interpretation of analytical results including electron microscopy techniques, optical microscopy techniques, and requirements under Federal and State regulations;

(11) establishment of programs for respiratory protection;

(12) case studies: Typical problems and corrective measures;

(13) relevant Federal, State and local requirements, procedures and standards (See especially OSHA Asbestos Construction Standard, 29 CFR 1926.1101; Title 12 NYCRR Part 56; EPA Asbestos Model Accreditation Plan, 40 CFR Part 763, Appendix C to Subpart E); and

(14) program review.

(c) Operations and maintenance training program. This program is for operations and maintenance (O and M) workers who work on minor asbestos projects but do not work on small asbestos projects or large asbestos projects. It is intended for all operations and maintenance staff of an employer who perform minor asbestos projects on the premises of that employer. This program will be a minimum of two training days. Four (4) hours of hands-on exercises are required. This program shall include but be not limited to:

(1) core topics as listed in subdivision (a) of this section;

(2) recognition of damage, deterioration, and delamination of asbestos material;

(3) proper methods of handling asbestos material (hands-on practice required):

(i) purpose, construction and maintenance of barriers (including glove bags);

(ii) use of wet methods and surfactants; (iii) use of vacuum cleaners with High Efficiency Particulate Absolute (HEPA) filters;

(iv) use, maintenance, and clean-up of tools;

(v) good housekeeping, such as promptly bagging asbestos debris and other housekeeping features.

(4) proper clean-up and disposal (hands-on practice required):

(i) clean-up including techniques and sequence of activities;

(ii) disposal including bagging, drumming, storage and transport.

(5) information on the use of respiratory protection as required by the EPA (see the EPA/NIOSH Guide to Respiratory Protection for the Asbestos Abatement Industry) and hands-on training in the use of respiratory protection, other protective measures, and good work practices;

(6) medical monitoring:

(i) requirements for physical examinations including a pulmonary function test, chest x-rays and a medical history for each employee (see OSHA Medical Surveillance Guidelines for Asbestos, 29 CFR 1910.1001(l), EPA Worker Protection Rule, 40 CFR Part 763, Subpart G);

(ii) frequency of medical examinations; and

(iii) employee access to records;

(d) Allied trades training program. This program is for workers who prepare or otherwise enter a contained asbestos project work area for a limited time in performing certain specialized tasks in preparation of, or ancillary to, the actual asbestos abatement. This program shall be a minimum of one and one-half training days. A minimum of four (4) hours of hands-on exercises are required. This program shall include but not be limited to:

(1) core topics listed in subdivision (a) of this section;
(2) personal hygiene;

(i) entry and exit procedures for the work area;

(ii) use of showers; and

(iii) sanitation;

(3) preparation of work area:

(i) occupants;

(ii) furniture and equipment, including the removal of movable furniture and equipment, covering and sealing stationary equipment such as duct work, cleaning of furniture;

(iii) ventilation and electrical systems;

(iv) flooring;

(v) posting of signs;

(vi) electrical ventilation system lock-out.

(4) engineering control techniques (discuss each individually for work practices as they apply to the specialized occupations working in proximity to the actual asbestos abatement project). (Hands-on practice required):

(i) purpose, construction and maintenance of barriers and decontamination enclosure systems (including glove bags);

(ii) proper working techniques for minimizing fiber release;

(iii) use of wet methods and surfacants;

(iv) use of negative air pressure ventilation equipment;

(v) use of vacuum cleaners with High Efficiency Particulate Absolute (HEPA) filters;

(vi) use, maintenance and clean-up of tools;

(vii) good housekeeping, such as promptly bagging asbestos debris and other housekeeping features.

(5) decontamination system (hands-on practice required):

(i) sequential steps of workers in clean room, shower room and equipment room;

(ii) direction of air flow through the rooms;

(iii) security of the work area and enclosure;

(iv) purpose of exit and entry log.

(6) other safety hazards that may be encountered during asbestos abatement activities:

(i) electrical hazards;

(ii) heat stress;

(iii) air contaminants other than asbestos;

(iv) fire and explosion hazards;

(v) gasoline engines;

(vi) scaffold and ladder hazards;

(vii) slips, trips and falls;

(viii) confined spaces;

(ix) noise;

(x) emergency procedures to follow in the event of fire or medical emergencies or failure of containment barriers.

(7) case studies: typical problems and corrective measures;

(8) employee personal protective equipment:

(i) classes and characteristics of respirator types;

(ii) limitations of respirators and their proper selection, inspection, donning, use, maintenance, and storage procedures;

(iii) methods for field testing of the facepiece-to-face seal (positive and negative pressure fitting tests);

(iv) qualitative and quantitative fit testing procedures;

(v) variability between field and laboratory protection factors that alter respirator fit (e.g. facial hair)

(vi) the components of a proper respiratory protection program;

(vii) requirements pertaining to personal protective equipment (See EPA Worker Protection Rule 40 CFR Part 763, Subpart G; OSHA Asbestos Construction Standard, 29 CFR 1926.1101; OSHA Respirator Standard, 29 CFR 1910.134);

(9) Medical monitoring. OSHA requirements for pulmonary function test, chest X-rays, and a medical history for each employee.

(e) Asbestos project air sampling technician training program. This program is for workers who perform environmental asbestos sampling by applying proper techniques and methods in the selection of sites, collection, handling, recording and chain-of-custody procedures in the transport of environmental asbestos samples which fulfill the assessment and monitoring requirements for all pre-abatement, abatement and post-abatement asbestos projects in compliance with existing regulations or in performance of investigative studies. This program shall be a minimum of two (2) training days. Five (5) hours of hands-on exercises are required. This program shall include but not be limited to: (1) core topics listed in subdivision (a) of this section;

(2) principles of asbestos project abatement procedures and practices;

(3) personal hygiene:

(i) entry and exit procedures for the work area;

(ii) use of showers;

(iii) sanitation.

(4) decontamination system (hands-on practice required):

(i) sequential steps of workers in clean room, shower room and equipment room;

(ii) direction of air flow through the rooms;

(iii) security of the work area and enclosure.

(5) other safety hazards that may be encountered during asbestos abatement activities:

(i) electrical hazards;

(ii) heat stress;

(iii) air contaminants other than asbestos;

(iv) fire and explosion hazards;

(v) gasoline engines;

(vi) scaffold and ladder hazards;

(vii) slips, trips and falls;

(viii) confined spaces;

(ix) noise;

(x) emergency procedures to follow in the event of fire or medical emergencies or failure of containment barriers;

(xi) purpose of exit and entry log;

(6) purposes and methods of asbestos bulk sampling, air monitoring and testing (hands-on practice required):

(i) proper methods of collecting bulk samples to minimize generation of airborne fibers;

(ii) air samples, air monitoring and personal monitoring procedures and requirements under Federal and State regulations;

(iii) sampling equipment demonstration including pumps, filters, and calibration, in order to collect representative samples;

(iv) types of analysis and interpretation of analytical results including electron microscopy techniques, optical microscopy techniques, and requirements under Federal and State regulations;

(v) proper chain of custody procedures for legally defensible data;

(7) information on the use of respiratory protection as required by the EPA (see the EPA/NIOSH Guide to Respiratory Protection for the Asbestos Abatement Industry) and hands-on training in the use of respiratory protection, other protection measures and good work practices.

(f) Inspector training program. This program is for workers who collect bulk samples, survey, identify, record and report upon asbestos containing materials associated with any building or structure in compliance with existing regulations or in performance of investigative studies. The inspector training program will be presented through lectures and a variety of interactive/participatory learning methods and shall provide each trainee with sufficient opportunities for practice exercises to thoroughly demonstrate that the trainee can perform the tasks required of an inspector. (See the Asbestos School Hazard Abatement Reauthorization Act). The program shall include, but not be limited to the following topics:
(1) core topics listed in subdivision (a) of this section;

(2) the role of inspectors - qualifications and functions:

(i) experience and qualifications of inspectors and management planners;

(ii) functions of certified inspectors as compared to those of an accredited management planner;

(iii) inspection procedures and processes;

(iv) asbestos containing material inventory and physical assessment;

(3) legal liability and defenses:

(i) legal liabilities and responsibilities of inspectors and management planners;

(ii) comprehensive general liability policies;

(iii) claims made and occurrence policies;

(iv) environmental and pollution liability clauses;

(v) state liability insurance requirements;

(vi) bonding and the relationship of insurance availability to bond availability;

(4) understanding the building systems:

(i) common building plan/layout;

(ii) heating, ventilation and air conditioning systems:

(a) System types, organization;

(b) Common system layout;

(c) Common locations of asbestos containing material on heating, ventilation and air-conditioning components.

(iii) building mechanical systems:

(a) system types, organization;

(b) common system layout;

(c) common locations of asbestos containing material.

(iv) inspecting electrical systems:

(a) inspection procedures;

(b) safety precautions.

(v) reading blueprints and as-built drawings.

(5) public/employee/building occupant relations:

(i) inspection notification to the public/employee/building occupant;

(ii) warning signs;

(iii) strategies, techniques for handling building occupants and the press;

(iv) inspection scheduling strategies for minimizing disruption of building activities;

(v) education of building occupants;

(6) pre-inspection planning and review of previous inspection records:

(i) inspection scheduling and obtaining access;

(ii) building record review;

(iii) identifying homogeneous sampling areas using blueprints or as-built drawings; (iv) consultation with maintenance or building personnel;

(v) review of previous inspections, sampling and abatement records;

(vi) the role of the inspector in exclusions for previously performed inspections;

(7) Inspecting for friable and non-friable asbestos containing material and assessing condition:

(i) processes and procedures for conducting visual inspections for asbestos containing material;

(ii) types of building materials that may contain asbestos;

(iii) determining friability sample sites;

(iv) open return air plenums and their importance in HVAC systems;

(v) assessing damage and deterioration:

(a) significant damage;

(b) potential for damage;

(c) potential for significant damage;

(d) type of damage;

(e) possible causes of damage;

(f) materials potential for disturbance;

(g) amount of suspect ACM, both in total quantity and as a percentage of the total area;

(h) accessibility;

(i) known or suspected causes of damage or significant damage; and

(j) deterioration as assessment factors;

(8) bulk sampling/documentation of asbestos in buildings (hands-on practice required):

(i) detailed discussion of the simplified sampling scheme for friable material (see EPA 560/5-85-030a October 1985);

(ii) random distribution sampling techniques;

(iii) sampling workshop for surfacing material, thermal system insulation and non-friable materials;

(iv) techniques for bulk sampling:

(a) proper use of bulk sampling and repair equipment;

(b) patching and repairing sampling area.

(v) polarized light microscopy;

(vi) choosing an accredited laboratory;

(vii) quality control and quality assurance;

(9) inspector respiratory protection and personal protective equipment workshop (hands-on practice and demonstration required):

(i) respirator types and classes;

(ii) respirator limitations;

(iii) proper selection, inspection, donning, use, storage and maintenance;

(iv) field testing facepiece-to-face seal (positive and negative fit test);

(v) qualitative and quantitative fit test procedures;

(vi) variability between field and laboratory protection factors that alter respirator fit (e.g. facial hair);

(vii) developing a respiratory protection program;

(viii) selection and use of personal protective clothing-- use, storage and handling of non-disposable clothing;

(10) medical monitoring:

(i) requirements for physical examinations, including pulmonary function test, chest x-rays and a medical history for each employee (see OSHA Medical Surveillance Guidelines for Asbestos, 29 CFR 1910.1001(l); EPA Worker Protection Rule, 40 CFR Part 763, Subpart G);

(ii) frequency of medical examinations; and

(iii) employee access to records;

(11) recordkeeping and writing the inspection report:

(i) sample labeling procedures and keying sample identification to sampling location;

(ii) asbestos containing material inventory procedures;

(iii) the use of photographs;

(iv) review of Federal, State and local government asbestos project forms;

(v) information required for inclusion in the management plan required for school buildings (see TSCA Title II, section 203(i)(l);

(12) review of relevant Federal, STate and local government requirements (see National Emission Standards for Hazardous Air Pollutants (NESHAP): 40 CFR Part 61, Subparts A and M); EPA Worker Protection Rule (40 CFR Part 763, Subpart G); OSHA Asbestos Construction Standard (29 CFR 1926.1101); OSHA respirator requirements (29 CFR 1910.134); the Friable Asbestos in Schools Rule (40 CFR Part 763, Subpart F); and Article 30 of the NYS Labor Law; 12 NYCRR Part 56; this Part and other applicable State and local regulations) and differences between Federal and State requirements where they apply, and the effects, if any, on public and nonpublic schools or commercial or public buildings;

(13) walk-through survey workshop that includes:

(i) visual inspection procedures for inspection buildings (on-site practice) including walls, ceilings, ducts, beams, piping, etc.;

(ii) choosing sample locations;

(iii) developing asbestos containing material inventory; and

(iv) physical building assessments; on-site discussion and classroom discussion;

(14) program review. A review of key aspects of the training program.

(g) Management planners training program. This program is for those responsible for using data gathered by inspectors to assess the asbestos containing materials hazard in buildings, determine appropriate response actions, and develop a schedule for implementing response actions. Management planners must complete an Inspector training program as defined in subdivision (f) of this section and an additional training program of at least two (2) training days. Possession of current and valid inspector accreditation shall be a prerequisite for admission to the management planner training program. The management planner training program will be presented through lectures and demonstrations. At a minimum the following topics are to be included in these two additional training days: (1) course overview:

(i) the role of the management planner;

(ii) operations and maintenance programs;

(iii) setting work priorities;

(iv) protection of building occupants;

(2) evaluation/interpretation of survey results:

(i) review of federal or state requirements for inspection and management plans (see, for example, TSCA Title II section 203(i)(1));

(ii) summarized field data and laboratory results;

(iii) comparison between field inspector's data sheet with laboratory results and site survey;

(3) hazard assessment:

(i) amplification of the difference between physical assessment and hazard assessment;

(ii) the role of the management planner in hazard assessment;

(iii) explanation of significant damage, damage, potential damage and potential significant damage;

(iv) use of a description (or decision tree) code for assessment of ACM; assessment of friable ACM;

(v) relationship of accessibility, vibration sources, use of adjoining space, and air plenums and other factors to hazard assessment;

(4) legal implications:

(i) liability;

(ii) insurance issues specific to planners;

(iii) liabilities associated with interim control measures, in-house maintenance, repair, and removal;

(iv) use of results from previously performed inspections;

(5) evaluation and selection of control operations:

(i) overview of encapsulation, enclosure, interim operations and maintenance, and removal;

(ii) advantages and disadvantages of each method;

(iii) response actions described via a decision tree or other appropriate method;

(iv) work practices for each response action;

(v) staging and prioritizing of work in both vacant and occupied buildings;

(vi) the need for containment barriers and decontamination in response actions;

(6) role of other professionals:

(i) use of industrial hygienists, engineers, and architects in developing technical specifications for response actions;

(ii) any requirements that may exist for architect sign-off to plans;

(iii) team approach to design of high-quality job specifications;

(7) developing an operations and maintenance (O&M) plan:

(i) purpose of the plan;

(ii) discussion of applicable EPA guidance documents;

(iii) what actions should be taken by custodial staff;

(iv) proper cleaning procedures;

(v) steam cleaning and high efficiency particulate aerosol (HEPA) vacuuming;

(vi) reducing disturbance of ACM;

(vii) scheduling O&M for off-hours;

(viii) rescheduling or canceling renovation in areas with ACM;

(ix) boiler room maintenance;

(x) disposal of ACM;

(xi) in-house procedures for ACM-bridging and penetrating encapsulants;

(xii) pipe fittings;

(xiii) metal sleeves;

(xiv) polyvinyl chloride (PVC), canvas, and wet wraps;

(xv) muslin with straps;

(xvi) fiber mesh cloth;

(xvii) mineral wool, and insulating cement;

(xviii) discussion of employee protection programs and staff training;

(xix) case study in developing an O&M plan (development, implementation process, and problems that have been experienced);

(8) regulatory review:

(i) OSHA Asbestos Construction Standard;

(ii) the National Emissions Standard for Hazardous Air Pollutants (NESHAPS);

(iii) other applicable Federal regulations including, but not limited to, the National Emissions Standard for Asbestos, EPA Worker Protection Rule, and TSCA Title II;

(iv) Article 30, Part 56 of Title 12, this Part and any other applicable State statutes or regulations;

(9) recordkeeping for the management planner:

(i) use of field inspector's data sheet along with laboratory results;

(ii) ongoing recordkeeping as a means to track asbestos disturbance;

(iii) procedures for recordkeeping;

(10) assembling and submitting the management plan:

(i) plan requirements of the EPA (see in TSCA Title II section 203(i)(1));

(ii) the management plan as a planning tool;

(11) financing abatement actions:

(i) economic analysis and cost estimates;

(ii) development of cost estimates;

(iii) present costs of abatement versus future operations and maintenance costs;

(iv) Asbestos School Hazard Abatement Act grants and loans, and New York State grant program;

(12) program review. A review of key aspects of the training program.

(h) Abatement project training program. This program is for those who as project designers are responsible for determining how asbestos abatement project work should be conducted. This program shall include, but not be limited to, the following topics:

(1) core topics as listed in subdivision (a) of this section;

(2) overview of abatement construction projects:

(i) abatement as a portion of a renovation project; (ii) notification of other contractors on a multi-employer site (see OSHA requirements at 29 CFR 1926.58);

(3) safety system design specifications:

(i) design, construction and maintenance of containment barriers and decontamination enclosure systems;

(ii) positioning of warning signs;

(iii) electrical and ventilation system lock-out;

(iv) proper working techniques for minimizing fiber release;

(v) entry and exit procedures for the work area;

(vi) use of wet methods;

(vii) use of negative pressure exhaust ventilation equipment;

(viii) use of high efficiency particulate aerosol (HEPA) vacuums;

(ix) proper clean-up and disposal of asbestos;

(x) work practices as they apply to encapsulation, enclosure, and repair;

(xi) use of glove bags and a demonstration of glove bag use;

(xii) techniques for completing an initial cleaning of the work area;

(4) field trip. Visit an abatement site or other suitable building site, including on-site discussions of abatement design and rationale for the concept of functional spaces, and building walk-through inspection, and discussion following the walk-through;

(5) employee personal protective equipment:

(i) classes and characteristics of respirator types;

(ii) limitations of respirators;

(iii) proper selection, inspection, donning, use, maintenance, and storage procedures;

(iv) methods for field testing of the facepiece-to-face seal (positive and negative pressure fitting tests);

(v) qualitative and quantitative fit testing procedures;

(vi) variability between field and laboratory protection factors that alter respirator fit (e.g. facial hair);

(vii) components of a proper respirator protection program;

(viii) selection and use of personal protective clothing;

(ix) use, storage and handling of non-disposable clothing;

(6) additional safety hazards. Hazards encountered during abatement activities and procedures to eliminate their occurrence, including electrical hazards, heat stress, air contaminants other than asbestos, fire and explosion hazards, scaffolk and ladder hazards, confined space hazards and slips, trips and falls;

(7) fiber aerodynamics and control:

(i) aerodynamic characteristics of asbestos fibers;

(ii) importance of proper containment barriers;

(iii) settling time for asbestos fibers;

(iv) wet methods in abatement;

(v) aggressive air monitoring following abatement;

(vi) aggressive air movement and negative pressure exhaust ventilation as a clean-up method;

(8) designing abatement solutions:

(i) discussions of removal, enclosure, and encapsulation methods;

(ii) asbestos waste disposal;

(9) budgeting/cost estimation:

(i) development of cost estimates;

(ii) present costs of abatement versus future operations and maintenance costs;

(iii) setting priorities for abatement jobs to reduce cost;

(10) writing abatement specifications:

(i) means and methods specifications versus performance specifications;

(ii) design of abatement in occupied buildings;

(iii) modification of guide specifications to a particular building;

(iv) worker and building occupant health/medical considerations;

(v) replacement of ACM with non-asbestos substitutes;

(vi) clearance of work area after abatement;

(vii) air monitoring for clearance;

(viii) preparation of and a need for a written project design;

(11) final clearance process for reoccupancy:

(i) discussion of the need for a written sampling rationale for aggressive final air clearance;

(ii) requirements of a complete visual inspection; and

(iii) the relationship of the visual inspection to final air clearance;

(12) preparing abatement drawings:

(i) significance and need for drawings;

(ii) use of as-built drawings as base drawings;

(iii) use of inspection photographs and on-site reports;

(iv) methods of preparing abatement drawings;

(v) diagramming containment barriers;

(vi) relationship of drawings to design specifications; and

(vii) particular problems related to abatement drawings;

(13) contract preparation and administration;

(14) legal/liabilities/defenses:

(i) insurance consideration;

(ii) bonding;

(iii) hold-harmless clauses;

(iv) use of abatement contractor's liability insurance;

(v) claims made versus occurrence policies;

(15) replacement. Replacement of asbestos with asbestos-free substitutes;

(16) role of other consultants:

(i) development of technical specification sections by industrial hygienists or engineers; and

(ii) the multidisciplinary team approach to abatement design;

(17) occupied buildings:

(i) special design procedures required in occupied buildings; (ii) education of occupants;

(iii) extra monitoring recommendations; .(tx. (iv) staging work to minimize occupant exposure; and

(v) scheduling of renovations to minimize exposure;

(18) relevant Federal, State and local requirements, procedures and standards, (see requirements of TSCA Title II: Article 30 of the NYS Labor Law; 12 NYCRR Part 56; this Part; National Emission Standard for Hazardous Air Pollutants (40 CFR Part 61), Subparts A (General Provision) and M (National Emissions Standard for Asbestos); OSHA standards for permissible exposure to airborne concentrations of asbestos fibers and respiratory protection (29 CFR 1910.134); EPA Worker Protection Rule (40 CFR Part 763), Subpart G; OSHA Asbestos Construction Standard (29 CFR 1926.1101); OSHA Hazard Communication Standard (29 CFR 1926.59); and other relevant Federal, STate and local regulatory requirements);

(19) program review. A review of key aspects of the training program:

(i) Asbestos abatement contractors and supervisors training program. A contractor may designate a supervisor to serve as his agent for the purposes of the accreditation. Supervisors include those persons who provide supervision and direction to workers engaged in asbestos removal, encapsulation, enclosure, and repair. The asbestos abatement contractors and supervisors program will be presented through lectures and a variety of interactive/participatory learning methods and shall provide each trainee with sufficient opportunities for practice exercises to thoroughly demonstrate that the trainee has the skills and knowledge necessary to evaluate, select and implement engineering control options in accordance with Federal and State requirements. Supervisors may include those individuals with the position title of foreman, working foreman, or leadman pursuant to collective bargaining agreements. The program shall include, but not be limited to, the following topics:

(1) core topics listed in subdivision (a) of this section;

(2) employee personal protective equipment (hands-on practice and demonstration required):

(i) classes and characteristics of respirator types;

(ii) limitation of respirators and their proper selection, inspection, donning, use, maintenance, and storage procedures;

(iii) methods for field testing of the facepiece-to-face seal (positive and negative pressure fitting tests);

(iv) qualitative and quantitative fit testing procedures;

(v) variability between field and laboratory protection factors that alter respirator fit (e.g. facial hair);

(vi) the components of a proper respirator protection program;

(vii) selection and use of personal protective clothing;

(viii) use, storage and handling of non-disposable clothing;

(ix) requirements pertaining to personal protective equipment (see EPA Worker Protection Rule, 40 CFR Part 763, Subpart G; OSHA Asbestos Construction Standard, 29 CFR 1926.1101; OSHA Respirator Standard, 29 CFR 1910.134);

(x) use of a rotometer to perform an air flow check of a powered air purifying respirator;

(xi) uses and limitations of personal protective equipment (e.g. eye protection, hard hats, gloves, footwear); and

(xii) breathing air systems including high pressure vs. low pressure, testing for Grade D air and determining proper backup air volumes;

(3) state-of-the-art work practices (hands-on-practice required):

(i) proper work practices for asbestos abatement activities including descriptions of proper construction and maintenance of barriers and decontamination enclosure systems;

(ii) positioning of warning signs;

(iii) electrical and ventilation system lockout;

(iv) proper working techniques for minimizing fiber release;

(v) use of wet methods;

(vi) use of negative pressure ventilation equipment;

(vii) use of high efficiency particulate air (HEPA) vacuums;

(viii) proper clean-up and disposal procedures;

(ix) work practices for removal, encapsulation, enclosure, and repair;

(x) emergency procedures for sudden releases;

(xi) potential exposure situations;

(xii) transport and disposal procedures, and recommended and prohibited work practices;

(xiii) discussion of new abatement-related techniques and methodologies may be included.

(xiv) proper techniques for initial cleaning;

(xv) removal of non-asbestos surfacing material using proper working techniques to minimize fiber release;

(xvi) use of glovebags to remove non-asbestos thermal system insulation from a horizontal pipe, vertical pipe and elbow;

(xvii) construction of a decontamination enclosure system consisting of a clean room, shower, and equipment room separated, in series, from each other and the work area by three airlocks. This system shall be attached to the work area;

(xviii) use of a shower water filtration system; (xix) post abatement clean-up procedures and sequence of activities; and

(xx) notification of building occupants;

(4) personal hygiene:

(i) entry and exit procedures for the work area;

(ii) use of showers;

(iii) avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area;

(iv) potential exposures, such as family exposure, shall also be included.

(5) additional safety hazards that may be encountered during asbestos abatement activities and procedures to eliminate their occurrence (hands-on practice required):

(i) electrical hazards and placement of electrical cords to reduce tripping hazards;

(ii) heat stress;

(iii) air contaminants other than asbestos;

(iv) fire and explosion hazards;

(v) scaffold and ladder hazards and proper use to minimize hazards;

(vi) slips, trips and falls; (vii) confined spaces entry and exit procedures (see OSHA Permit Required Confined Spaces, 29 CFR 1910.146);

(viii) review of hazard assessment considerations;

(6) Medical monitoring:

(i) requirements for pulmonary function test, chest x-rays and a medical history for each employee (see OSHA Medical Surveillance Guidelines for Asbestos, 29 CFR 1910.1001(l); EPA Worker Protection Rule, 40 CFR Part 763, Subpart G);

(ii) frequency of medical examinations; and

(iii) employee access to records;

(7) air monitoring (hands-on practice required). Proper methods of collecting employee exposure air samples. Procedures to determine airborne concentrations of asbestos fibers, including a description of aggressive sampling, sampling equipment and methods, reasons for air monitoring, types of samples, and interpretation of results, specifically from analysis performed by polarized light, phase-contrast, and electron microscopy analyses;

(8) relevant Federal, State and local requirements, procedures and standards, (see Article 30 of the New York State Labor Law; 12 NYCRR Part 56; 10 NYCRR Part 73; requirements of TSCA Title II; National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR Part 61 Subparts A (General Provisions) and M (National Emission Standard for Asbestos); OSHA standards for permissible exposure to airborne concentrations of asbestos fibers and respiratory protection (29 CFR 1910.134); OSHA Asbestos Construction Standard (29 CFR 1926.1101); EPA Worker Protection Rule, 40 CFR Part 763, Subpart G; OSHA Hazard Communication Standard (29 CFR 1926.59) and other relevant Federal, State and local regulatory requirements);

(9) respiratory protection programs and medical surveillance programs;

(10) insurance and liability issues;

(i) contractor issues;

(ii) Workers' compensation coverage and exclusions;

(iii) third-party liabilities and defenses;

(iv) insurance coverage and exclusions.

(11) recordkeeping for asbestos abatement projects (hands-on practice required):

(i) records required by Federal, State, and local agencies;

(ii) records recommended for legal and insurance purposes; and

(iii) use of a daily project logbook to document work area inspections and daily work activities;

(12) supervisory techniques for asbestos abatement activities (hands-on practice required):

(i) supervisory practices to enforce and reinforce the required work practices and discourage unsafe work practices;

(ii) use of smoke tubes to test the effectiveness of the work area barriers and the decontamination enclosure system when the negative pressure system is in operation; and

(iii) use of smoke tubes to perform glovebag seal testing;

(13) contract specifications. Discussion of key elements that are included in contract specifications;

(14) program review. A review of key aspects of the training program.

(j) Project monitor training program. A project monitor serves as the on-site representative of the building owner to oversee asbestos abatement work to insure that work is performed in accordance with specifications and in compliance with all Federal, State, and local laws. They may also perform the vital role of air monitoring for purposes of determining final clearance. The project monitor program will be presented through lectures and a variety of interactive/participatory learning methods and shall provide each trainee with sufficient opportunities for practice exercises to thoroughly demonstrate that the trainee has the skills and knowledge necessary to perform all tasks relevant to a project monitor. The program will consist of lectures, demonstrations, hands-on training, program review and a written examination. The hands-on training component shall be satisfied in part by incorporating the workshop component described in paragraphs 15 (i-iii) of this subdivision, in which the students simulate participation in or performance of relevant job functions or activities of a project monitor. The program shall include, but not be limited to, the following topics: (1) core topics as listed in subdivision (a) of this section;

(2) employee personal protective equipment (hands-on practice and demonstration required):

(i) classes and characteristics of respirator types;

(ii) limitations of respirators and their proper selection, inspection, donning, use, maintenance and storage procedures;

(iii) methods for field testing of the facepiece-to-face seal (positive and negative pressure fitting tests);

(iv) qualitative and quantitative fit testing procedures;

(v) variability between field and laboratory protection factors that alter respirator fit (e.g. facial hair);

(vi) the components of a proper respiratory protection program;

(vii) use of a rotometer to perform an air flow check of a powered air purifying respirator;

(viii) uses and limitations of personal protective equipment (e.g., eye protection, hard hats, gloves, footwear);

(ix) protective clothing selection, use and proper handling; and

(x) breathing air systems including high pressure vs. low prssure, testing for Grade D air and determining proper backup air volumes;

(3) medical monitoring:

(i) requirements for physical examinations including a pulmonary function test, chest x-rays and a medical history for each employee (see OSHA Medical Surveillance Guidelines for Asbestos 29 CFR 1910.1001(l); EPA Worker Protection Rule, 40 CFR Part 763, Subpart G);

(ii) frequency of medical examinations; and

(iii) employee access to records;

(4) roles and responsibilities of the project monitor, including regulatory/specification compliance monitoring, air monitoring, conducting visual inspections, and final clearance monitoring;

(5) relevant Federal, State and local asbestos requirements; interrelationships of such requirements, (See NESHAP, 40 CFR Part 61, Subparts A and M; Asbestos Hazard Emergency Response Act (AHERA), 40 CFR Part 763, Subpart E; and the EPA Worker Protection Rule, 40 CFR Part 763, Subpart G; OSHA Construction Industry Standard for Asbestos, 29 CFR 1926.1101; Respirator Standard, 29 CFR 1910.134; Hazard Communication Standard, 29 CFR 1926.59; and Article 30 of the NYS Labor Law; 12 NYCRR Part 56; this Part; and other applicable federal, state and local regulations).

(6) understanding building construction and building systems:

(i) building construction basics;

(ii) building physical plan layout;

(iii) understanding building systems (heat, ventilation and air conditioning (HVAC), electrical, etc);

(iv) layout and organization;

(v) where asbestos is likely to be found on building systems; and

(vi) renovations and the effect of asbestos abatement on building systems;

(7) asbestos abatement contracts, specifications, and drawings:

(i) basic provisions of the contract;

(ii) relationships between principle parties;

(iii) establishing chain of command;

(iv) types of specifications, including means and methods, performance, proprietary and non-proprietary;

(v) reading and interpreting records and abatement drawings;

(vi) discussion of change orders; and

(vii) common enforcement responsibilities and authority of the project monitor;

(8) response actions and abatement practices:

(i) review of asbestos abatement and control techniques;

(ii) pre-work inspections;

(iii) pre-work considerations including pre-cleaning of the work area, removal of furniture, fixtures, and equipment;

(iv) shutdown/modification of building systems;

(v) construction and maintenance of containment barriers and proper demarcation of work areas;

(vi) work area entry/exit and hygiene practices;

(vii) determining the effectiveness of air filtration equipment;

(viii) techniques for minimizing fiber release including wet methods and continuous cleaning;

(xi) abatement methods other than removal;

(x) abatement area clean-up procedures;

(xi) contingency planning for emergency response; and

(xii) waste transport and disposal techniques;

(9) asbestos abatement equipment:

(i) typical equipment found on an abatement project including air filtration devices and vacuum systems;

(ii) negative pressure differential monitoring including HEPA filtration, theory of filtration, design/construction of HEPA filtration units, qualitative and quantitative performance of HEPA filtration units, sizing the ventilation requirements, location of HEPA filtration units and qualitative and quantitative tests of containment barrier integrity, and

(iii) best available technology;

(10) air monitoring strategies:

(i) sampling equipment including sampling pumps (low v. high volume), flow regulating devices (critical and limiting orifices) and use of fibrous aerosol monitors on abatement projects; (ii) sampling media including types of filters, types of cassettes, filter orientation and storage and shipment of filters;

(iii) calibration techniques such as primary calibration standards, secondary calibration standards, temperature/pressure effects, frequency of calibration, recordkeeping, field work documentation and calculations;

(iv) air sample analysis, techniques available and limitations on their use including transmission electron microscopy (background to sample preparation and analysis, air sample conditions which prohibit analysis, recommended technique for analysis of final air clearance samples), phase contrast microscopy (background to sample preparation, and limits on the use of phase contract microscopy) and what each technique measures;

(v) analytical methodologies. (See AHERA Transmission Electron Microscopy (TEM) protocol (40 CFR Part 763, Appendix A to Subpart E), National Institute of Occupational Safety and Health (NIOSH) 7400, OSHA reference method (non clearance) and EPA recommendation for clearance (TEM));

(vi) sampling strategies for clearance monitoring including types of air samples (personal breathing zone v. fixed-station area), sampling location and objectives (pre-abatement, during abatement, and clearance monitoring), number of samples to be collected, minimum and maximum air volumes, clearance monitoring (post-visual inspection), (number of samples required, selection of sampling locations, period of sampling, aggressive sampling, interpretations of sampling results, calculations) and quality assurance; and

(vii) special sampling problems such as crawl spaces, acceptable samples for laboratory analysis and sampling in occupied buildings (barrier monitoring);

(11) safety and health issues other than asbestos:

(i) electrical hazards and placement of electrical cords to reduce tripping hazards;

(ii) heat stress;

(iii) air contaminants other than asbestos:

(iv) fire and explosion hazards;

(v) gasoline engines;

(vi) scaffold and ladder hazards and proper use to minimize hazards;

(vii) slips, trips and falls;

(viii) confined spaces, exit and entry procedures (see OSHA Permit Required Confined Spaces, 29 CFR 1910.146);

(ix) noise;

(x) emergency procedures to follow in the event of fire and medical emergencies and failure of containment barriers; and

(xi) hazardous materials on abatement projects;

(12) conducting visual inspections:

(i) inspections during abatement and visual inspections (see American Society for Testing and Materials (AMTM) E1368 document (Standard Practice for Visual Inspection of Asbestos Projects);

(ii) conducting inspections for completeness of removal; and

(iii) discussion of "how clean is clean";

(13) legal responsibilities and liabilities of project monitors:

(i) specification enforcement capabilities;

(ii) regulatory enforcement;

(iii) licensing; and

(iv) powers delegated to project monitors through contract documents;

(14) recordkeeping and report writing:

(i) developing project logs/daily logs (what should be included, who sees them);

(ii) final report preparation; and

(iii) recordkeeping;

(15) workshops:

(i) contracts, specifications and drawings. This workshop shall consist of each participant being issued a set of contracts, specifications, and drawings and then being asked to answer a series of questions and make recommendations to a project architect, engineer or to the building owner based on given conditions and these documents;

(ii) air monitoring strategies/asbestos abatement equipment. This workshop shall consist of simulated abatement sites for which sampling strategies would have to be developed (i.e. occupied buildings, industrial situations). Through demonstrations and exhibitions the project monitor student will be able to gain a better understanding of the function of various pieces of equipment used on abatement projects (air filtration units, water filtration units, negative pressure monitoring devices, sampling pumps, calibration devices, etc.);

(iii) conducting visual inspections. This workshop shall consist of a simulated asbestos abatement work area which is intentionally constructed to contain a minimum of five violations of State and Federal requirements (see especially Title 12 NYCRR Part 56 and OSHA Asbestos Construction Standards, 29 CFR 1926.1101). Each participant will inspect the work area and be asked to identify and document the work area violations and make recommendations to correct the violations. For the purpose of conducting a final visual inspection, non-asbestos debris shall be strategically placed in the work area and each participant will be asked to locate and document the exact locations of the debris. At the conclusion of the workshop a series of questions will be asked which are designed to stimulate the participant's recall of the area.

Effective Date: 
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Section 73.6 - Topics and requirements for annual refresher asbestos safety training programs

73.6 Topics and requirements for annual refresher asbestos safety training programs. The refresher safety training programs shall be specific to each discipline. Refresher programs shall be conducted as separate and distinct programs and not combined with any other training during the period of the refresher program. Upon successful completion of the annual refresher program the student shall have his/her accreditation extended for an additional year from the date of completion of the refresher program.

(a) All sections of this Part relative to requirements for training providfers, instructor credentials and application procedures are also applicable to annual refresher training programs.

(b) The annual refresher training program for inspectors shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review of key aspects of the inspector function;

(3) case studies to highlight important considerations; and

(4) developments in state-of-the-art work practices and safety procedures.

(c) The annual refresher training program for allied trades shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) developments in state-of-the-art work practices and safety procedures;

(3) case studies to highlight important work safety concepts; and

(4) review and update of key aspects of allied trades functions.

(d) The annual refresher training program for asbestos project air sampling technician shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review and update of key aspects of functions performed by asbestos project air sampling technicians;

(3) developments in state-of-the-art work practices and safety procedures; and

(4) case studies to highlight important concepts.

(e) The annual refresher training program for operations and maintenance workers shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review of key aspects of functions performed and developments in state-of-the-art work practices and safety procedures; and

(3) review of recognition of damaged asbestos material and proper methods of handling asbestos material.

(f) The annual refresher training program for management planner shall include the inspector refresher training program as described in subdivision (b) of this section and will include at a minimum the following additional topics:

(1) review and update of key functions performed;

(2) review and update of relevant State, Federal and local regulations;

(3) developments in state-of-the-art work practices and safety procedures; and

(4) case studies to highlight important concepts.

(g) The annual refresher training program for project designer shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review and update of key aspects of functions performed and developments in state-of-the-art work practices and safety procedures; and

(3) case studies to highlight important concepts.

(h) The annual refresher training program for asbestos handler shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review and update of key aspects of functions performed and developments of state-of-the-art work practices and safety procedures; and

(3) case studies to highlight safety concepts.

(i) The annual refresher training program for contractor/supervisor shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review and update of key aspects of functions performed including, but not limited to, developments in state-of-the-art work practices and safety procedures, work area inspection procedures and recordkeeping required by State and Federal regulations; and

(3) case studies to highlight important concepts.

(j) The annual refresher training program for project monitor shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review and update of key aspects of functions performed including, but not limited to, developments in state-of-the-art work practices and safety procedures, work area inspection procedures, air sampling strategies, and recordkeeping; and

(3) case studies to highlight important concepts.
 

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Section 73.7 - Required examination

73.7 Required examination.

(a) Each individual who has attended an approved asbestos safety training program must pass a written multiple choice examination appropriate for the program, which includes topics from all aspects of the training.

(b) The examination will be one provided by the Department of Health, or if one is not provided by the Department of Health, one approved by the Department of Health as part of the program provider's application.

(c) Closed book written examinations shall be administered at the completion of each initial and refresher training program by the training provider. The training provider will insure that the integrity of the examination process is not compromised by actions of the trainee. The Department of Health may require the training provider to grade the examinations, record the grades and submit a copy of the examination, including the answer sheet, and a list of those who successfully completed each training program to the Department of Health.

(d) The written examination required for the asbestos handler training program shall cover the topics listed under section 73.5 (a) and (b) of this Part. The examination shall include at least 50 questions. A minimum score of 70 percent is required to pass the examination.

(e) The written examination required for the operations and maintenance training program shall cover the topics listed under section 73.5 (a) and (c) of this Part. The examination shall include at least 25 questions. A minimum score of 70 percent is required to pass the examination.

(f) The written examination required for the allied trades training program shall cover the topics listed under section 73.5 (a) and (d) of this Part. The examination shall include at least 50 quyestions. A minimum score of 70 percent is required to pass the examination.

(g) The written examination required for the asbestos project air sampling technician training program shall cover the topics listed under section 73.5 (a) and (e) of this Part. The examination shall include at least 50 questions. A minimum score of 70 percent is required to pass the examination.

(h) The written examination required for the inspector training program shall cover the topics listed under section 73.5 (a) and (f) of this Part. The examination shall include at least 50 questions. A minimum score of 70 percent is required to pass the examination.

(i) The written examination required for the management planner training program shall cover the topics listed under section 73.5 (g) of this Part. The examination shall include at least 50 questions. A minimum score of 70 percent is required to pass the examination.

(j) The written examination required for the abatement project designer training program shall cover the topics listed under section 73.5 (a) and (h) of this Part. The examination shall include at least 100 questions. A minimum score of 70 percent is required to pass the examination.

(k) The written examination required for the asbestos abatement contractors and supervisors training program shall cover the topics listed under section 73.5 (a) and (i) of this Part. The examination shall include at least 100 questions. A minimum score of 70 percent is required to pass the examination.

(l) The written examination required for the asbestos project monitor training program shall cover the topics listed under section 73.5 (a) and (j) of this Part. The examination shall include at least 100 questions. A minimum score of 70 percent is required to pass the examination.

(m) The examinations for all refresher training programs must include a minimum of 25 questions. A minimum score of 72 percent is required to pass the examination. Examination questions must be specific to the topic areas required for the discipline under section 73.6 of this Part.

(n) Notwithstanding anything to the contrary contained in this section, an oral examination may be administered instead of a written examination if an individual demonstrates that he/she is unable to read or write and provided such skills are not required to perform the functions of the discipline for which the individual is being tested. The individual administering the examination shall record the answers of the individual taking the examination on an answer sheet.

Effective Date: 
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Section 73.8 - Accreditation of asbestos safety training providers

73.8 Accreditation of asbestos safety training providers.

(a) Provision accreditation. The department shall grant provisional accreditation of a provider's asbestos safety training program only after a full review of the application. If a program is not granted provisional accreditation, the reasons for disapproval will be sent in writing to the program provider. Training providers will be notified in writing if a particular program has been granted provisional accreditation. The letter will identify the specific program accredited and the effective approval date of the provisional accreditation. Provisional accreditation will continue until full accreditation is granted as described in subdivision (b) of this section, or until provisional accreditation is terminated in accordance with subdivision (a) of section 73.9 of this Part.

(b) Full accreditation shall be granted after the Department of Health has observed and evaluated a provisionally accredited asbestos safety program in progress and has determined that the program meets the requirements of these regulations. A training provider will be notified in writing of a program's full accreditation status. If the program is not granted full accreditation, the reasons for disapproval will be sent in writing to the training provider.

(c) Upon receipt of accreditation, whether provisional or full, the training provider shall maintain documentation of each program offered as required by this Part.

(d) All records pertaining to the asbestos safety program shall be available to the Department of Health or the Department of Labor upon request.

(e) Programs with full accreditation shall be monitored periodically by the department to ensure continuing compliance with this Part.

(f) Provisional and/or full accreditation is not transferable upon sale or transfer of a training program; however, if an asbestos safety training provider transfers all of the asbestos safety training programs which the training provider is authorized to conduct pursuant to this Part, the provisional and/or full accreditation of such programs may be transferred, upon the prior approval of the department.
 

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Section 73.9 - Revocation, suspension and modification of accredited training programs

73.9 Revocation, suspension and modification of accredited training programs.

(a) Provisional Accreditation. The department may immediately terminate Provisional Accreditation if the department finds any of the following:

(1) submission of false information;

(2) providing program completion certificates to individuals who did not complete any or all of the required training;

(3) failure to present the required topics set forth in these regulations in a manner such that students would be able to comprehend the required subject matter;

(4) failure to submit required information or notifications in a timely manner;

(5) failure to allow a representative of the Department of Health or the Department of Labor to audit any phase of the program, whenever requested;

(6) failure to allow the Department of Health or Department of Labor to access program records;

(7) failure to properly and fairly administer the required examination;

(8) failure to maintain requisite records;

(9) falsification of accreditation records, instructor qualifications or other accreditation information;

(10) failure to adhere to the training standards and requirements of this Part;

(11) misrepresentation of the extent of a training provider's approval by the State;

(12) failure to submit written notification to the Department of Health of any changes to the program; and

(13) any other good cause.

(b) Full Accreditation. The department may, after notice and an opportunity for hearing, suspend or revoke Full Accreditation or change Full Accreditation to Provisional Accreditation if a training provider, training director or other person with supervisory authority over the training program has:

(1) submitted false information;

(2) failed to submit required information or notification in a timely manner;

(3) failed to submit written notification to the Department of Health of any changes to the program;

(4) failed to maintain required records;

(5) falsified program records, instructor qualifications or other accreditation information;

(6) failed to properly and fairly administer the required examinations;

(7) failed to present the program in accordance with the application materials submitted to the department and in a manner such that the students would be able to comprehend the required subject matter;

(8) failed to allow a representative of the Department of Health or the Department of Labor to audit any phase of the course, whenever requested;

(9) failed to adhere to the standards and requirements of this Part;

(10) provided program completion certificates to individuals who did not complete any or all of the required training;

(11) misrepresented the extent of a training provider's approval by the State;

(12) failed to allow the Department of Health or Department of Labor to access program records; and

(13) any other good cause.
 

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Section 73.10 - Equivalence of prior training

73.10 Equivalence of prior training. (a) A person who has successfully completed one or more of the following may submit training and/or academic information to the Department of Health for a determination of training equivalency:

(1) an Environmental Protection Agency approved asbestos safety training program given in New York State prior to September 3, 1987 for asbestos handler, March 10, 1989 for inspector, and December 19, 1990 for other AHERA disciplines, provided the individual has maintained the certification through annual refresher training; or

(2) an approved asbestos safety training program accredited in a state which has an accreditation program that prior to April 4, 1994, met or exceeded the requirements of the Asbestos Hazard Emergency Response Act or, on or after April 4, 1994, met or exceeded the requirements of the Asbestos School Hazard Abatement Reauthorization Act Model Accreditation Plan and which has the administrative capability to audit the training program, provided the individual has maintained all appropriate refresher training; or

(3) academic course work in environmental science, industrial hygiene, analytical chemistry or a closely related field. This shall not include any course work completed as part of an asbestos safety training program, or

(4) a combination of 1, 2, and/or 3 of this section and/or a Department of Health approved asbestos safety training program and/or part of one of more Department of Helath approved asbestos safety training programs. An individual may apply for a determination that the course and/or training program was substantially equivalent to an approved asbestos safety training program pursuant to this Part. Applications may be made to the department and at least the following information shall be submitted:

(i) date and location of the course or program attended;

(ii) name and address of the course or program provider;

(iii) a schedule or outline of the course program indicating the subject matter that was presented and the amount of time devoted to each subject; and

(iv) a written indication by the course provider or program provider that the individual had satisfactorily completed all requirements of the course or program.

(b) The Department of Health shall determine whether the course and/or program substantially meets the criteria specified in sections 73.5 and/or 73.6 of this Part and may determine that the course and/or program is either:

(1) not equivalent to an approved program; or

(2) substantially equivalent.

The department may communicate directly with the course and/or program provider concerning any aspect of the applicant's prior training.

(c) A person who has successfully completed an asbestos safety training program for inspector and was certified as required by the New York City Department of Environmental Protection on or before September 1, 1989 is considered to have met training requirements equivalent to the training requirements for inspector contained in this Part.

Effective Date: 
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Section 73.11 - Severability

73.11 Severability. If any clause, sentence, paragraph or section of this Part shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or section thereof directly involved in the controversy in which the judgment shall have been rendered.

Effective Date: 
Wednesday, December 19, 1990
Doc Status: 
Complete

Part 74 - Approval Of Realty Subdivisions

Effective Date: 
Sunday, January 1, 1967
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 1120

Section 74.1 - Definitions

Section 74.1 Definitions. As used in this Part, unless the context otherwise requires:

(a) Subdivision shall have the meaning ascribed to it in section 1115 of the Public Health Law.

(b) Developer means a person, partnership, corporation or other legal entity undertaking or participating in the establishment of a subdivision.

(c) Individual water supply system means a single system of piping, tanks or other facilities together with a source of water intended to supply only a single lot.

(d) Individual sewerage system means a single system of piping, tanks or other facilities serving only a single lot and disposing of sewage or other liquid wastes into the soil of the lot.

(e) Community water system means a source of water and necessary appurtenances together with a distribution system serving more than one lot, whether owned by a municipal corporation or private utility.

(f) Community sewerage system means a system utilized for the collection and disposal of sewage, or other wastes of a liquid nature, including the various devices for the treatment of such wastes serving more than one lot, whether owned by a municipal corporation or private utility.

(g) Comprehensive study shall have the meaning ascribed to it in sections 1263-a and 1361 of the Public Health Law, for public sewerage and refuse respectively, or in section 442 of the Conservation Law, for public water, as applicable.

(h) Department means the New York State Department of Health.

(i) Commissioner means the New York State Commissioner of Health.

(j) Dry sewer means a pipe intended to carry domestic waste at such future time as sewerage and treatment facilities are constructed.
 

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Section 74.2 - Applications for approval

74.2 Applications for approval. (a) Applications for approval of water supply and related sewerage facilities to serve a realty subdivision as conforming with the standards prescribed in this Part shall be made on forms provided by the department.
(b) Applications for approval shall be accompanied by such maps, plans, reports, specifications and data as the commissioner may require or direct.

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Section 74.3 - Plan submissions

74.3 Plan submissions. (a) All plans submitted for approval shall be in conformance with the relevant provisions of department Bulletin 40* entitled Planning the Subdivision as Part of the Total Environment--An Engineering Guide to the Preparation and Submission of Plans for Realty Subdivisions.

_________________________________________________________________________

FOOTNOTE: * Bulletin 40 has not been filed in the office of the Department of State; however, for informational purposes it has been published as Appendix 74-A, infra.

________________________________________________________________________

(b) Plans other than those for community water and sewerage systems shall not propose to furnish water to more than one lot and/or to dispose of sewage from more than one lot.

(c) Where a developer proposes to obtain and furnish water supply and/or sewerage facilities for a subdivision by connection to an existing community water and/or sewerage system, the developer shall supply the commissioner with a certification in writing by the owner of the utility that such facilities will be furnished and kept available and in good operating condition for the subdivision.

(d) The commissioner at his discretion may require the developer to furnish a performance bond to the owner of such utility conditioned upon the developer's making connection to the utility within a specified period of time.

(e) The proposals for realty subdivision development shall conform with all applicable comprehensive studies, including air, water, sewerage and solid wastes.
 

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Section 74.4 - Sewerage facilities

74.4 Sewerage facilities. (a) A community sewerage system is required when:

(1) a subdivision is located in an existing sewer district or service area;

(2) a subdivision is reasonably accessible to an existing sewer district or service area. This requirement shall apply in the absence of proof satisfactory to the department that the developer cannot effect arrangements for the installation and/or connection of the sewerage system to the existing sewer district or service area facilities;

(3) the soil percolation rate is lower than 60 min/in.;

(4) the subdivision consists of 50 lots or more;

(5) the subdivision consists of 200 or more residents in the aggregate;

(6) a minimum separation of two feet cannot be maintained between the lowest part of the leaching system and the highest elevation of the top of the zone of water saturation, rock, hardpan or other impermeable material at all times of year; or

(7) an approved comprehensive study exists.

(b) Only subsurface leaching systems utilizing a septic tank may be employed on an individual basis in lieu of the provision of a community system. Septic tanks shall be designed and installed so that they are readily accessible for inspection and cleaning. Where individual water supply and sewage disposal systems are to be installed on a single lot, the minimum lot area shall be 20,000 square feet.

(c) When a community system is required and where the soil is suitable, interim individual sewerage systems may be permitted by the commissioner, provided that:

(1) dry sewers are designed and installed consistent with the community sewerage plan;

(2) plumbing is installed from the house to the dry sewer to facilitate individual connection to the community system; and

(3) such community sewerage service will be operative in five years.

(d) The relevant provisions of Bulletin 1* entitled New York State Health Department Standards for Waste Treatment Works will be the basis upon which all plans, specifications and reports for sewerage systems, individual or community, will be reviewed for approval by the department.
 

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Section 74.5 - Water facilities

74.5 Water facilities. (a) A community water system is required when:

(1) the subdivision is located in an existing water district or service area;

(2) the subdivision is reasonably accessible to an existing water district or service area. This requirement shall apply in the absence of proof satisfactory to the department that the developer cannot effect arrangements for the installation and/or connection of the water system to the existing water district or service area facilities;

(3) individual wells cannot provide an average yield of five gpm;

(4) the subdivision consists of 50 lots or more;

(5) the subdivision consists of 200 or more residents in the aggregate;

(6) ground waters are non-potable; or

(7) an approved comprehensive study exists.

(b) (1) Community water systems shall be capable of delivering water at an average rate of 100 gal/capita/day when service connections are unmetered, or 75 gal/capita/day when service connections are metered.

(2) Community water systems shall be designed to deliver water meeting the requirements of Part 5 of this Title.

(3) Community water systems shall provide for continuity of water service. Ground water shall not be relied on unless at least two sources are available.

(4) Community water systems shall have at least one day's available storage at design average consumption.

(c) Individual wells shall assure an average yield of five gpm of potable water.

(d) The relevant provisions of department Bulletin 42* entitled Recommended Standards for Water Works will be the basis upon which all plans, specifications and reports for community water systems will be reviewed for approval by the department, and the department bulletin Rural Water Supply* will be the basis upon which individual water supply systems will be reviewed for approval.

__________________________________________________________________________

FOOTNOTE: * Bulletins 1, 42 and Rural Water Supply have not been filed with the Department of State; however, for informational purposes they have been published as Appendixes 75-A, 5-A and 5-B, respectively, infra.

__________________________________________________________________________
 

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Section 74.6 - Variances

74.6 Variances.

(a) The commissioner may on written application grant a variance from a specific provision of this Part in a particular case, subject to appropriate conditions, where such variance is in harmony with the general purpose and intent of this Part.

(b) The commissioner may impose more stringent requirements in a specific case when necessary to assure an adequate and satisfactory water supply and sewerage facility for the subdivision.
 

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Section 74.7 - Other environmental factors

74.7 Other environmental factors. Upon request the developer shall provide the commissioner or his authorized representative with a report and such plans as may be needed, covering the following environmental factors:

(a) the method of solid waste collection and disposal;

(b) the extent to which proposed land uses and structures may cause air pollution;

(c) the methods for grading to prevent changes in soil percolation capacity and to provide for adequate collection and disposal of surface and ground water;

(d) the methods to prevent contravention of surface and ground water quality standards;

(e) the effect on the subdivision of environmental pollutants or hazards either on the property or from surrounding areas, resulting from such facilities, activities or conditions as industrial or commercial structures or operations, highways, solid waste disposal sites, swamps, quarries, sink holes, limestone deposits, gravel pits, airports, water-courses, agricultural uses, flood plains and unstable soil condition; and

(f) the potential effect of the subdivision on environmental factors in surrounding areas.
 

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Appendix 74-A - Planning the Subdivision As Part of the Total Environmental

FORMERLY 72-A

Appendix 74-A is available for inspection and/or copying at the NYS Department of Health, Bureau of Public Water Supply Protection, Flanigan Square, 547 River Street, Troy, NY (518) 402-7600.

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Part 75 - Standards for Individual Onsite Water Supply and Individual Onsite Wastewater Treatment Systems

Effective Date: 
Wednesday, March 16, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 201(1)(l)

Section 75.1 - Statement of purpose

Section 75.1 Statement of purpose.

The rules contained in this Part have been promulgated to protect the health and safety of those persons who must use an individual onsite water supply system, an individual onsite wastewater treatment system, or both, when a municipal or communal system is not available.

Effective Date: 
Wednesday, March 16, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 201(1)(l)

Section 75.2 - Applicability and scope

75.2 Applicability and scope.

This Part shall apply through the entire State of New York and shall represent minimum standards for individual onsite water supply and for individual onsite wastewater treatment systems.

Effective Date: 
Wednesday, March 16, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 201(1)(l)

Section 75.3 - Definitions

75.3 Definitions. As used in this Part, the following words and phrases shall have the following meanings:

(a) Individual onsite water supply system means an onsite water system intended to serve a single parcel of land, which is not supplied by a public water supply as defined in Part 5 of this Title.

(b) Individual onsite wastewater treatment system means an onsite facility serving a single parcel of land and treating sewage or other liquid wastes for discharge into the groundwaters of the State.

(c) General waiver means a waiver that exempts any portion of the standards for individual onsite water supply and/or for individual onsite wastewater treatment systems because of unique local conditions.

(d) Specific waiver means a waiver granted in an individual situation because of a hardship or other circumstance that makes it impractical to comply with a standard for individual onsite water supply or for individual onsite wastewater treatment systems.

(e) Local waiver means a waiver that allows the routine use of alternative-type wastewater treatment system(s) by a municipality.

(f) Design professional means a person licensed to practice engineering or architecture in New York State by the State Education Department in accordance with Article 145 or Article 147 of Title VIII of the New York State Education Law, respectively, and who is currently registered with the New York State Education Department.
 

Effective Date: 
Wednesday, March 16, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 201(1)(l)

Section 75.4 - Minimum standards for individual onsite water supply systems

75.4 Minimum standards for individual onsite water supply systems.

(a) Individual onsite water supply systems shall be designed and constructed in accordance with the standards of the State Commissioner of Health as set forth in Appendix 5-B of this Title.

(b) All treatment devices for an individual onsite water supply must be designed, constructed and installed in accordance with standards acceptable to the State Commissioner of Health as set forth in Appendix 75-B of this Title.

(c) The standards set forth in Appendix 75-C shall represent statewide water quality standards for individual onsite water supply systems. The State or county health department official having jurisdiction may require that individual onsite water supply systems be tested for compliance with the standards set forth in Appendix 75-C, and for such additional contaminants as such official determines are necessary or appropriate to protect public health.

 

Effective Date: 
Wednesday, March 16, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 201(1)(l)

Section 75.5 - Minimum standards for individual onsite wastewater treatment systems

75.5 Minimum standards for individual onsite wastewater treatment systems.

(a) Individual onsite wastewater treatment systems shall be designed and constructed in accordance with the standards of the State Commissioner of Health as set forth in Appendix 75-A of this Title.

(b) Plans for the design of individual onsite wastewater treatment systems shall be prepared directly by or under the supervision of a design professional.

(c) Prior to construction of an individual onsite wastewater treatment system utilizing an alternative system pursuant to 10 NYCRR Appendix 75-A, plans for the design of the system shall be reviewed and approved by the State or county health department official having jurisdiction. A design professional shall supervise the construction of the alternative system and ensure that such construction conforms to the approved plans. After construction is completed, a design professional shall provide the State or county health department official having jurisdiction with a certification that the construction of the alternative system was supervised by a design professional and that such construction conforms to the approved plans.
 

Effective Date: 
Wednesday, March 16, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 201(1)(l)

Section 75.6 - Waivers; general, specific and local

75.6 Waivers; general, specific and local.

(a) General Waiver.

(1) The State Commissioner of Health may on written application supported by documentation grant a general waiver from a provision of this Part, subject to appropriate conditions, where such waiver is consistent with the general purpose and intent of this Part, to a full-time city, county or part-county health department.

(2) Such waiver shall include the effective date, the time period, if any, for which the waiver is granted, the requirement(s) being waived and any other limiting conditions such as types of systems, local conditions or geographical areas where the waiver can be used.

(b) Specific Waiver. The State Commissioner of Health, his designated representative or the designated full-time city, county or part-county health department official, may on written application grant a specific waiver from a provision of this Part, where such waiver is consistent with the general purpose and intent of this Part. The applicant receiving such waiver must be advised in writing if the design or conditions approved do not meet State standards and the potential consequences of such deviations. Systems with a surface discharge are prohibited and are not eligible for a waiver.

(c) Local Waiver.

(1) The State Commissioner of Health or his designated representative may on written application from a municipality, in areas where a city, county or part-county health department does not exist, grant a local waiver to allow the use of an alternative-type sewage treatment system as shown in Appendix 75-A.

(2) Such waiver shall indicate the limitations and conditions of installation, and require that the installation be certified by the municipality, a licensed professional engineer, registered architect, or other person authorized under the Education Law to design such a system as complying with the standards and waiver.
 

Effective Date: 
Saturday, December 1, 1990
Doc Status: 
Complete

Appendix 75-A - Wastewater Treatment Standards - Residential Onsite Systems

Effective Date: 
Wednesday, March 16, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 201(1)(l)

Appendix 75-A.1 - Introduction

Section 75-A.1 Introduction.

(a) This appendix applies to on-site wastewater treatment systems serving residential properties and receiving sewage without the admixture of industrial wastes or other wastes, as defined in Environmental Conservation Law, Section 17-0701, in quantities of less than 1,000 gallons per day (gpd).

(b) Definitions - As used in this Appendix, the following words and terms shall have the indicated meaning:

(1) Absorption Area - an area to which wastewater is distributed for infiltration to the soil.

(2) Absorption Field - the area to which sewage is distributed for infiltration to the soil by means of a network of pipes.

(3) Absorption Trench - a long narrow area which includes a pipe for the distribution of septic tank effluent.

(4) Aerobic Treatment Unit - a system that provides for the biological decomposition of the organic portion of the wastewater by mechanical aeration of the wastewater.

(5) Aggregate - washed gravel or crushed stone 3/4 - 1 1/2 inches in diameter.

(6) Application Rate - the rate at which septic tank effluent is applied to a subsurface absorption area, for design purposes, expressed in gallons per day per square foot (gpd/sq. ft.).

(7) Baffle - a flow deflecting device used in septic tanks and distribution boxes to inhibit the discharge of floating solids, reduce the amount of settleable solids that exit, and reduce the exit velocity of the wastewater.

(8) Building Sewer - that part of the drainage system which extends from the end of the building drain and conveys wastewater to the sewage system or sewer.

(9) Cleanout - an opening providing access to part of the sewage system.

(10) Commissioner - the State Commissioner of Health.

(11) Curtain Drain - a subsurface drain designed and constructed to control groundwater and surface water intrusion into the area of the sewage system.

(12) Design Professional - a person licensed or registered in the State of New York and authorized by the State Education Law to design the systems described in the standards.

(13) Distribution Device - a device used to uniformly distribute sewage to the absorption area.

(14) Distribution Line - the perforated pipe used to distribute wastewater to the absorption area.

(15) Drinking Water - water whose physical, chemical and biological quality is or is intended to be satisfactory for human consumption, food preparation or culinary purposes.

(16) Effective Grain Size - a measure of the diameter of soil particles, when compared to a theoretical material having an equal transmission constant. It is the dimensions of that mesh screen which will permit 10 percent of the sample to pass and will retain 90 percent. (17) Enhanced Treatment: The biological and physical treatment of wastewater to reduce the amount of biochemical oxygen demand (BOD) and total suspended solids (TSS) of wastewater effluent prior to distribution to an absorption area. (18) Enhanced Treatment Unit (ETU) – Pre-manufactured structures that provide enhanced treatment of wastewater prior to discharge to a subsurface soil absorption area.

(19) Gas Baffle - a device on the outlet of a septic tank which deflects gas bubbles away from the outlet and reduces the carry over of solid particles from the septic tank.

(20) Groundwater - subsurface water occupying the saturation zone from which wells and springs are fed.

(21) Heavy Equipment - all equipment which would result in the compaction of the design absorption area at a depth equivalent to the design depth of the distribution lines.

(22) Infiltration - the flow or movement of water into the interstices or pores of a soil through the soil interface.

(23) Invert - the floor, bottom, or lowest point of the inside cross section of a pipe.

(24) Local Health Department - a city, county, or part-county department of health or a State Department of Health District Office.

(25) Percolation - the movement of water through the pores of a soil or other porous medium following infiltration through the soil interface.

(26) Permeability - a measure of the rate of movement of liquid through soil. (27) Responsible Management Entity (RME) – A legal entity with the requisite managerial, financial and technical capacity to ensure long-term management of residential wastewater treatment systems. RMEs may include: sewer districts, utilities, municipal authorities or other entities with the authority to enforce and the capacity to finance the long-term operation and maintenance requirements necessary to ensure residential wastewater treatment systems are functioning properly.

(28) Scum - the wastewater material which is less dense than water and floats on top of the water.

(29) Sewage - the combination of human and household waste with water which is discharged to the home plumbing system including the waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture, equipment or machine.

(30) Stabilized Rate of Percolation - the rate corresponding to two consecutive equal or near equal percolation test results.
(31) Tire Derived Aggregate (TDA) - Aggregate manufactured from waste tires to a similar size distribution as conventional gravel or stone aggregate and used as alternative to gravel or stone aggregate in soil absorption areas.
(32) Useable Soil - unless otherwise stated a soil with a percolation rate from one (1) to sixty (60) min/in with a compatible soil classification.

(33) Wastewater - any water discharged from a house through a plumbing fixture to include, but not limited to, sewage and any water or waste from a device (e.g., water softener brine) which is produced in the house or property.

(34) Watercourse - a visible path through which surface water travels on a regular basis. Drainage areas which contain water only during and immediately after a rainstorm shall not be considered a watercourse. (35) Watershed - an area of drainage for a body of water that serves as a source of drinking water and for which watershed rules and regulations have been adopted by the commissioner. (36) Well head area - the area surrounding a well which includes the cone of influence (where the drawdown of groundwater causes groundwater flow).

(37) Wetland - an area(s) of marshes or swamps which have been designated as such by the State Department of Environmental Conservation or other agency having jurisdiction. Marshes or swamps that have not been classified by an agency as a wetland shall not be treated for design purposes as a wetland.

Effective Date: 
Wednesday, February 3, 2010
Doc Status: 
Complete

Appendix 75-A.2 - Regulation by other agencies

Section 75-A.2 Regulation by other agencies.

(a) Where sewage treatment systems are to be located on the watersheds or well head area of public water supplies, the rules and regulations enacted by the State Department of Health for the protection of these supplies must be observed. Where systems are to be located on the watershed of any stream or body of water from which the City of New York obtains its water supply, the approval of the New York City Department of Environmental Protection, Division of Water Resources, must also be obtained.

(b) This appendix establishes the minimum standards acceptable in New York State. Other agencies, such as the Adirondack Park Agency or local health departments may establish more stringent standards. Where such standards have been established, or approval by another agency is required, the more stringent standard shall apply.

(c) A local health department may not adopt standards less stringent than the State standard unless a General Waiver has been issued by the State Commissioner of Health or his designated representative as provided in Part 75 of this Title, or the local health department is otherwise legally authorized to adopt such standards.

(d) When individual sewage systems overlay a drinking water aquifer, local health departments may establish population density limits and minimum lot sizes for residential development with on-site sewage treatment systems.
 

Effective Date: 
Saturday, December 1, 1990
Doc Status: 
Complete

Appendix 75-A.3 - Sewage flows

Section 75-A.3 Sewage flows.

(a) Roof, footing, garage, cellar and surface water drainage must be excluded from the system. Water softener, water recharge and backwash wastes normally are not to be discharged to the system unless a separate subsurface discharge to an area 250 feet from wells or water courses is unavailable.

(b) Designs for new construction shall be based upon a minimum daily flow of 110 gallons per day per bedroom. Other design flows listed in Table 1 may be applicable for systems receiving wastewater from dwellings equipped with older plumbing fixtures or waterless toilets.

 

TABLE 1

DAILY DESIGN FLOWS

Plumbing Fixtures (based on manufactured date)

Minimum Design Flow (gallons per day per bedroom)

Post-1994 Fixtures

     1.6 gallons/flush toilets

     2.5 gallons/minute faucets & showerheads

110

Pre-1994 Fixtures

     3.5 gallons/flush toilets

     3.0 gallons/minute faucets & showerheads

130

Pre-1980 Fixtures

     3.5+ gallons/flush toilets

     3.0+ gallons/minute faucets & showerheads

150

Waterless Toilets (e.g. composter)

     (graywater discharge only)

75

Effective Date: 
Wednesday, February 3, 2010
Doc Status: 
Complete

Appendix 75-A.4 - Soil and site appraisal

Section 75-A.4 Soil and site appraisal. (a) Site Investigation.

(1) Areas lower than the 10 year flood level are unacceptable for on-site systems. Slopes greater than 15% are also unacceptable.

(2) There must be at least four feet of useable soil available above rock, unsuitable soil, and high seasonal groundwater for the installation of a conventional absorption field system (75-A.8(b)).

(3) Soils with very rapid percolation rates (faster than one minute per inch) are not suitable for subsurface absorption systems unless the site is modified by blending with a less permeable soil to reduce the infiltration rate throughout the area to be used.

(4) Subsurface treatment systems and components of the sewage system shall be separated from buildings, property lines, waterbodies, utilities and wells, to maintain system performance, permit repairs and reduce undesirable effects of underground sewage flow and dispersion. Table 2 lists the acceptable minimum separation distances from the various components of onsite wastewater treatment systems.

(5) Once the required infiltration area is determined by daily flow, percolation tests and soil evaluation, the required useable area of the property for subsurface treatment can be found. An additional useable area of 50 percent shall be set aside for future expansion or replacement whenever possible.

(b) Separation Requirements:

 

TABLE 2

SEPERATION DISTANCES FROM WASTEWATER SYSTEM COMPONENTS (in Feet)

 

System Components

Well or Suction Line(e)(g)

To Stream, Lake, watercourse(b), or Wetland

Dwelling

Property Line

House sewer (watertight joints)

25 if cast iron sewer pipe, 50 otherwise

25

3

10

Septic tank or watertight ETU

50

50

10

10

Effluent line to distribution box

50

50

10

10

Distribution box

100

100

20

10

Absorption field(c)(d)

100(a)

100

20

10

Seepage pit(d)

150(a)

100

20

10

Raised or mound system(c)(d)

100(a)

100

20

10

Intermittent Sand Filter(d)

100(a)(f)

100(f)

20

10

Non-Waterborne Systems with offsite residual disposal

50

50

20

10

Non-Waterborne Systems with onsite discharge

100

50

20

10

 

NOTES:       (a) When wastewater treatment systems are located upgrade and in the direct path of surface water drainage to a well, the closest part of the treatment system shall be at least 200 feet away from the well.

                    (b) Mean high water mark

                    (c) For all systems involving the placement of fill material, separation distances are measured from the toe of slope of the fill.

                    (d) Separation distances shall also be measured from the edge of the designated additional usable area as described in section 75-A.4(a)(5)

                    (e) The closest part of the wastewater treatment system shall be located at least 10 feet from any water service line (e.g. public water supply main, public water service line or residential well water service line).

                    (f) When sand filters are designed to be watertight and collect all effluent, the separation distance can be reduced to 50 feet.

                    (g) The listed water well separation distances from contaminant sources shall be increased by 50 percent whenever aquifer water enters the water well at less than 50 feet below grade. If a 50 percent increase cannot be achieved, then the greatest possible increase in separation distance shall be provided with such additional measures as needed to prevent contamination.

(c) Soil Investigation. (1) The highest groundwater level shall be determined and shall include the depth to the seasonal high groundwater level and the type of water table -- perched, apparent, or artesian.

(2) If a subsurface treatment unit such as an absorption field is planned, at least four feet of useable soil shall be available over impermeable deposits (i.e., clay or bedrock). Highest groundwater level shall be at least two feet below the proposed trench bottom. Where systems are to be installed above drinking water aquifers, a greater separation distance to bedrock may be required by the local health department having jurisdiction. At least one test hole at least six feet deep shall be dug within or immediately adjacent to the proposed leaching area to insure that uniform soil and site conditions prevail. If observations reveal differing soil profiles, additional holes shall be dug and tested. These additional holes shall be spaced to indicate whether there is a sufficient area of useable soil to install the system. Treatment systems shall be designed to reflect the most severe conditions encountered. If the percolation tests results are inconsistent with field determined soil conditions, additional percolation tests must be conducted and the more restrictive tests must be the factor used for the system design. (3) Test holes for seepage pits shall extend to at least mid-depth and full depth of the proposed pit bottom. At least three feet of useable soil shall exist between the pit bottom and rock or other impermeable soil layer and the highest groundwater level. This shall be confirmed by extending at least one deep test hole three feet below the deepest proposed pit.

(4) A local health department may accept or require other soil tests in lieu of the percolation test when such tests are conducted or observed by local health department personnel.

(d) Soil Percolation Test. (1) At least two percolation tests shall be made at the site of each proposed sewage treatment system.

(2) For seepage pits, one test shall be conducted at the bottom depth, and the other at half the pit depth. If different soil layers are encountered when digging the test pit, a percolation test shall be performed in each layer with the overall percolation rate being the weighted average of each test based upon the depth of each layer. The local health department having jurisdiction may adopt an alternative procedure for determining the permeability of soil for the installation of seepage pits.

(3) A percolation test is only an indicator of soil permeability and must be consistent with the soil classification of the site as determined from the test holes.

Effective Date: 
Wednesday, February 3, 2010
Doc Status: 
Complete

Appendix 75-A.5 - House or building sewer

Section 75-A.5 House or building sewer.

(a) House sewers are laid on firm foundation at a minimum grade of one-quarter inch per foot preferably without bends. At least one cleanout with a properly fitted plug is to be provided. The house sewer shall allow for venting of gases from the sewage system.

(b) House sewer construction including materials shall comply with the applicable requirements of the State Uniform Fire Prevention and Building Code, Residential Code, Chapter 30, Sanitary Drainage.

(c) A minimum horizontal separation of 10 feet should exist between the house sewer and any water line. Where lines must cross, the water service line shall be at least 12 inches above the house sewer. If a water line must pass below the house sewer, the vertical separation must be at least 18 inches.

(d) Suction waterlines shall never cross under house sewers or any other component of the sewage system.
 

Effective Date: 
Wednesday, February 3, 2010
Doc Status: 
Complete

Appendix 75-A.6 - Septic tanks and Enhanced Treatment Units

Section 75-A.6 Septic tanks and Enhanced Treatment Units. (a) General information.

(1) Septic tank capacities shall be based upon the number of household bedrooms. An expansion attic shall be considered as an additional bedroom. Table 3 specifies minimum septic tank capacities and minimum liquid surface areas.

NOTE: Tank size requirements for more than six bedrooms shall be calculated by adding 250 gallons and seven square feet of surface area for each additional bedroom. A garbage grinder shall be considered equivalent to an additional bedroom for determining tank size.

(2) Septic tank covers shall always be accessible. Where manholes are more than 12 inches below final grade, an extension collar shall be provided over each opening. Extension collars shall not be brought flush with the ground surface unless the cover can be locked to prevent tampering. Driveways or other facilities shall not be constructed above septic tanks unless specially designed and reinforced to safely carry the load imposed.

(b) Design and Installation. (1) General Requirements. The following applies to all septic tanks regardless of material.

(i) A minimum liquid depth of 30 inches. The maximum depth for determining the allowable design volume of a tank shall be 60 inches. Deeper tanks provide extra sludge storage, but no credit shall be given toward design volume.

(ii) The minimum distance between the inlet and outlet shall be six feet. All tanks shall meet the minimum surface area requirement for the specific design volume specified in Table 3. The effective length of rectangular tanks should not be less than two nor greater than four times the effective width.

(iii) Tanks must be watertight, constructed of durable material not subject to corrosion, decay, frost damage, or cracking. After installation, all septic tanks shall be able to support at least 300 pounds per square foot (psf).

(iv) Tanks with a liquid depth of 48 inches or more shall have a top opening with a minimum of 20 inches in the shortest dimension to allow entry into the tank. Tanks with a liquid depth less than 48 inches shall have a top opening that is at least 12 inches in the shortest dimension.

(v) Tanks shall have inlet and outlet baffles, sanitary tees or other devices to prevent the passage of floating solids and to minimize disturbance of settled sludge and floating scum by sewage entering and leaving the tank. Outlet designs such as gas deflection baffles are strongly recommended in all tanks. Inlet and outlet baffles shall extend a minimum of 12 inches and 14 inches respectively, below the liquid level in tanks with a liquid depth of less than 40 inches, and 16 and 18 inches respectively, in tanks with a liquid depth of 40 inches or greater. The distance between the outlet baffle and the outlet shall not exceed six inches. Baffles shall be constructed of a durable material not subject to corrosion, decay or cracking.

(vi) There shall be a minimum of one inch clearance between the underside of the top of the tank and the top of all baffles, partition and/or tees to permit venting of tank gases. Multi-chamber and multi-tank systems shall also be designed to permit the venting of tank gases.

(vii) Tanks shall be placed on at least a three inch bed of sand or pea gravel. This will provide for proper leveling and bearing. Additional instructions provided by the manufacturer shall also be followed.

(viii) There shall be a minimum drop in elevation of two inches between the inverts of the inlet and outlet pipes.

(ix) Garbage grinders. An additional 250 gallons of capacity and seven square feet of surface area is required when a garbage grinder can reasonably be expected at the time of construction or in the future. A gas deflection baffle or other acceptable outlet modification, and a dual compartment tank or two tanks in series must also be provided.

(2) Multi-compartment tanks or tanks in series.

(i) Dual compartments are recommended for all tanks and shall be required on all tanks with an interior length of ten feet or more.

(ii) The first compartment or tank (inlet side) shall account for 60 - 75% of the required total design volume. (iii) The baffle separating the compartments shall extend from the bottom of the tank to at least six inches above the invert of the outlet pipe.

(iv) Compartments shall be connected by a four inch vertical slot at least 18 inches in width, a six inch elbow, or two 4-inch elbows located at a distance below the liquid level equal to one-third the distance between the invert of the outlet and the bottom of the tank. At least one access manhole shall be provided into each compartment.

(v) Tanks in series should be connected by a single pipe with a minimum diameter of four inches.

(vi) The volume and surface area for meeting the requirements of Table 3 shall be based upon the total volume and surface areas of all the tanks and chambers.

(3) Concrete tanks. (i) Concrete shall have a minimum compressive strength of 2,500 pounds per square inch (psi) at 28 days set; 3,000 psi concrete is recommended as a minimum.

(ii) Wall thickness shall be a minimum of three inches unless the design has been certified by a New York licensed professional engineer as complying with all appropriate requirements for thin-wall construction. All walls, bottom and top shall contain reinforcing to assure support for 300 psi.

(iii) All joints shall be sealed such that the tank is watertight; joints below the liquid level must be tested for watertightness prior to backfilling.

(iv) The walls and floor of cast-in-place tanks shall be poured at the same time (monolithic pour).

(4) Fiberglass and polyethylene tanks. These tanks must meet the following additional requirements:

(i) These tanks shall not be installed in areas where the groundwater level can rise to the level of the bottom of the septic tank.

(ii) Particular care must be taken during installation, bedding, and backfilling of these units so as to prevent damage to tank walls. The manufacturer's installation instructions shall be followed.

(iii) All tanks should be sold by the manufacturer completely assembled. If, because of size, the tank is delivered to the site in sections, all joints shall be sealed with watertight gaskets and shall be tested for watertightness after installation, and prior to backfilling.

(5) Steel tanks. Steel tanks must have a label indicating corrosion protection complying with Underwriters Laboratories, Inc., Standard UL-70 or equivalent.

(6) Enhanced Treatment Units (ETU)

(i) General. ETUs shall have a label indicating compliance with the standards for a Class I unit as described in the National Sanitation Foundation (NSF) International Standard 40 or equivalent testing.

(ii) Design Criteria.

(a) The minimum rated daily capacity of these units shall be 400 gallons or the daily design flow as determined from Table 1, whichever is greater.

(b) ETUs shall have an effluent filtering mechanism as part of the manufactured product or an effluent filter with a label indicating compliance with NSF Standard 46 or equivalent installed on the system outlet prior to discharge to the absorption area.

(c) Unless otherwise specified, the absorption system that follows an ETU shall be designed in the same manner as it would for septic tank effluent.

(d) Absorption areas receiving ETU effluent may be designed with a 33% reduction in the total absorption trench length listed in Table 4A or as calculated from Table 4B, when one of the following situations exist:

(1) ETUs are subject to the jurisdiction of a Responsible Management Entity (RME), or

(2) Local sanitary codes or watershed rules or regulations incorporate the requirement to maintain and service the ETU in accordance with the manufacturer's recommendations.

(e) The trench length reduction, may only be used for conventional absorption trench systems and shallow absorption trench systems.

(f) The trench length reduction may not be further reduced by the trench length reduction allowed for gravelless systems as described in paragraph 75-A.8(c)(3).

(g) The trench length reduction specified above in clause 75A.6(b)(6)(ii)(d) is not applicable at properties located within the New York City Watershed.

Effective Date: 
Wednesday, February 3, 2010
Doc Status: 
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Appendix 75-A.7 - Distribution devices

Section 75-A.7 Distribution devices.

(a) Gravity Distribution. The maximum length of absorption lines used in conjunction with the gravity distribution shall be 60 feet.

(1) Distribution Box. (i) For accessibility, it is necessary that the distribution box be located and have a removable cover not more than 12 inches below grade. Where, due to site conditions, a distribution box must be greater than 12 inches below the surface, an extension collar shall be installed to within 12 inches of the surface.

(ii) All outlets from the distribution box shall be at the same level to insure the even distribution of flow.

(iii) To minimize frost action and reduce the possibility of movement once installed, distribution boxes must be set on a bed of sand or pea gravel at least 12 inches thick.

(iv) The drop between inlet and outlet inverts shall be at least two inches. A baffle is required at the inlet side of the box when the slope from the septic tank to the box exceeds 1/2 inch per foot or when siphon dosing is used.

(v) There shall be a minimum two inch clearance between the inverts of the outlets and the bottom of the box to prevent short-circuiting and reduce solids carry-over.

(vi) Distribution boxes may be constructed in place or purchased prefabricated. When concrete is used to construct boxes, it shall have a minimum compressive strength of 2,500 psi at 28 day set.

(vii) Prefabricated boxes may be constructed of concrete, fiberglass, or plastic. The boxes shall be installed in conformance with the manufacturer's instructions in addition to the requirements above.

(2) Serial Distribution. (i) In serial distribution, an upper distribution line is allowed to fill before the effluent overflows into a lower line. This method is acceptable for use with dosing systems only.

(ii) The connections between distribution lines is made with non-perforated pipe placed in undisturbed soil.

(3) Drop Manholes. (i) Drop manholes are used on sloping sites to reduce the velocity of flow to lower distribution lines. This system may be used with gravity distribution.

(ii) Baffles at the inlet end of the manhole and approximately four inches from the inlet are required in drop manholes.

(iii) The inverts of all outlets in each manhole shall be at the same level.

(b) Pressure distribution and dosing. (1) These methods permit the rapid distribution of effluent throughout the absorption system followed by a rest period during which no effluent enters the system. The maximum length of absorption lines used in conjunction with these methods shall be 100 feet.

(i) Pressure distribution utilizes a sewage effluent pump to move the effluent through the pipe network and into the soil. The volume discharged in each cycle will exceed the volume available in the pipe network and will be discharged from the pipe under pressure.

(ii) Dosing involves the use of a pump or siphon to move the effluent into the pipe network. Discharge from the pipe is by gravity. The volume of effluent in each dose should be 75% to 85% of the volume available in the pipe network.

(2) Dosing or pressure distribution is recommended for all systems as it promotes better treatment of wastewater and system longevity.

(3) In absorption fields, single dosing units are required when the total trench length exceeds 500 feet. Alternate dosing units are required when the length exceeds 1,000 feet.

(4) The use of manually operated siphons or pumps is not acceptable.

(5) Pipe used in pressure distribution shall have a minimum diameter of 1.5 inches and a maximum diameter of three inches. Pipe for siphon dosing is sized to conform with the volume of the dose and can range from three to six inches in diameter based upon the volume of each dose. The ends of all pipes shall be capped.

(6) Only pumps designated by the manufacturer for use as sewage effluent pumps shall be used.

(7) Pump chambers shall be equipped with an alarm to indicate malfunction. Siphon dosing systems normally include an overflow to the distribution laterals. Pressure distribution systems shall not be equipped with an overflow.

(8) Pump chambers shall be sized to provide a minimum of one day's design flow storage above the alarm level or a duplex pumping system with audible or visual alarms shall be used.
 

Effective Date: 
Wednesday, February 3, 2010
Doc Status: 
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Appendix 75-A.8 - Conventional subsurface treatment systems

Section 75-A.8 Conventional Subsurface Treatment Systems. (a) General for all treatment systems.

(1) All wastewater effluent from septic tanks or ETUs shall be discharged to a subsurface treatment system.

(2) The minimum distances that all treatment system components shall be separated from other site features are listed in Table 2.

(3) Absorption systems shall not be located under driveways, parts of buildings or under above-ground swimming pools or other areas subject to heavy loading. Surface waters shall be diverted from the vicinity of the system.

(b) Absorption Trench Systems. (1) Site requirements. A minimum of four feet of useable soil shall exist above bedrock and groundwater with a minimum separation of two feet to the lowest part of any absorption trench system.

(2) Design criteria. The required length of absorption trench is determined from Table 4A based upon the percolation test results and confirmed by the soil evaluation. The maximum trench depth shall be 30 inches below ground surface. The maximum trench width for design purposes shall be 24 inches. Where trenches exceed 24 inches in width, calculations of absorptive area shall be based on a width of 24 inches.

(ii) Adjacent trenches shall be separated by at least four feet of undisturbed soil. Individual trenches shall be constructed parallel to the ground contours with trench bottoms as near level as possible. They need not be perfectly straight but abrupt changes in direction shall be avoided.

 

 

TABLE 4B

APPLICATION RATES FOR

NON-STANDARD DESIGN FLOWS

Percolation Rate

(minutes/inch)

Application Rate

(gal/day/sq. ft.)

1 - 5

1.20

6 - 7

1.0

8 - 10

0.90

11 - 15

0.80

16 - 20

0.70

21 - 30

0.60

31 - 45

0.50

46 -  60

0.45

Soil with a percolation rate of less than 1 minute/inch is unsuitable for a conventional system

Required Area (sq. ft.) =

Flow Rate (GPD)/Application Rate (GPD/sq. ft.)

Required Absorption Trench Length =

Required Area (GPD)/2 feet (trench width)

 

(3) Materials. (i) Perforated distributor pipe shall be used in the trenches. Solid (non-perforated) pipe shall be used between the distribution box and the trenches. Perforated pipe shall be made of rigid or corrugated plastic and be labelled as fully meeting ASTM standards for use in septic systems. Corrugated plastic pipe delivered in coils is not to be used unless provision is made to prevent the recoiling or movement of the pipe after installation.

(ii) Aggregate shall mean washed gravel or crushed stone 3/4 - 1 1/2 inches in diameter. Larger diameter material or finer substances and run-of-bank gravel are unacceptable.

(iii) The aggregate shall be covered with a material that prevents soil from entering the aggregate after backfilling, yet must permit air and moisture to pass through. The preferred material for covering the aggregate is a permeable geotextile. Untreated building paper or a four inch layer of hay or straw is acceptable. Polyethylene and treated building paper are relatively impervious and shall not be used.

(iv) Alternate aggregate. Materials may be used as a substitute for conventional gravel or stone aggregate when it can be demonstrated that the material provides at least the equivalent soil infiltration area and storage volume as conventional gravel or stone aggregate. Materials shall also maintain structural integrity and be non-degradable by wastewater effluent.

(v) Tire Derived Aggregate (TDA). Properly manufactured tire chips have physical characteristics similar to conventional gravel or stone aggregate. TDA may be used as a substitute for gravel or stone aggregate on a one-to-one basis, volumetrically, when;

(a) The TDA manufacturer shall have a written case-specific beneficial use determination from the New York State Department of Environmental Conservation (NYSDEC) for use in onsite wastewater treatment systems, and

(b) TDA shall meet the following size and gradation requirements.

(1) Two-inch nominal size, and

(2) Maximum dimension in any direction shall not exceed four inches; minimum dimension in any direction shall not be less than ½ inch, and

(3) Exposed wire shall not protrude more than ½" from the chip, and

(4) Fine particles and foreign materials are prohibited, and

(5) At least 95% of the TDA shall comply with the above specifications.

(4) Construction. (i) Trench locations and depths should be marked by stakes before the trenches are excavated. The natural surface shall not be significantly disturbed. If the site is regraded or similarly disturbed, the soil shall be allowed to stabilize and new percolation tests conducted.

(ii) The trench depth shall be as shallow as possible, but not less than 18 inches. At least six inches of aggregate is placed below the distribution line and two inches above the line. The earth cover over the aggregate should not exceed 12 inches in order to enhance natural aeration and nitrogen uptake by plant life. Trenches shall be excavated to design depth with bottoms practically level. Heavy equipment shall be kept away from the field because the weight may permanently alter soil characteristics due to compaction, cause trench cave-ins, and/or misalign and break pipe.

(iii) Trench bottoms are to be raked and immediately covered with at least six inches of aggregate.

(iv) Any smeared surfaces on the trench walls are to be raked. Distributor lines are carefully placed on the aggregate and covered with aggregate to a depth of at least two inches over the top of the pipe. Additional aggregate may be required to bring the top of the aggregate to within six to 12 inches of the surface.

(v) In gravity distribution systems, the pipe shall be carefully sloped at between 1/16 inch and 1/32 inch per foot. Grades shall be determined by an engineer's level, transit or carpenter's level.

(vi) After the upper aggregate is placed, the geotextile, untreated building paper, hay or straw is to be immediately installed and the trench backfilled with native soil. If the trenches cannot be immediately backfilled, they should be temporarily covered with an impervious material such as treated building paper to prevent sidewall collapse and siltation into the aggregate.

(vii) The earth backfill is to be mounded slightly above the original ground level to allow for settling and after settlement the entire area should be graded without the use of heavy equipment and seeded with grass.

(c) Gravelless Absorption Systems. (1) General. Gravelless trench products must be designed to distribute effluent and provide at least the equivalent soil surface area for wastewater treatment as a conventional absorption trench without the use of gravel or stone aggregate. All gravelless systems must also be capable of withstanding typical construction equipment and residential use loads without deformation.

(2) Site requirements. These products may be used as an alternative to conventional gravel or stone absorption trenches in wastewater treatment systems. All other treatment system design requirements shall apply.

(3) Design criteria. Unless otherwise specified, all absorption trench system designs incorporating gravelless products shall have the same trench length as a conventional (24-inch wide) absorption trench as listed in Table 4A or as calculated from Table 4B.

(i) Open-bottom gravelless chambers. Absorption area designs may use a 25% reduction in the total absorption trench length listed in Table 4A or as calculated from Table 4B when the product can demonstrate the following features:

(a) minimum soil infiltration bottom area of 1.6-square feet per linear foot, and

(b) a minimum volumetric capacity of 7.5-gallons per linear foot , and

(c) open sidewall area for aeration and infiltration.

(ii) Gravelless media-wrapped corrugated pipe sand-lined systems. Absorption area designs may use a 25% reduction in the total absorption trench length as listed in Table 4A or as calculated from Table 4B, when the product can demonstrate the following features and installation criteria:

(a) corrugated pipe with a minimum outside diameter of 12-inches, and

(b) wrapped in a media that allows wastewater distribution and prohibits sand infiltration, and

(c) installed with a minimum of 6-inches of washed concrete sand surrounding the pipe.

(iii) Gravelless geotextile sand filter. Absorption area designs may use a trench bottom sizing criteria of 6-square feet per linear foot of trench when the product demonstrates the following features and installation criteria:

(a) a minimum unit width of 3-feet, and

(b) a minimum storage capacity of 12-gallons/linear foot of unit, and

(c) a minimum of 6-square feet per linear foot of geotextile surface area per linear foot of unit, and

(d) installed with 6-inches of washed concrete sand below and on the sides of each unit.

(4) Special Conditions.

(i) The gravelless product trench length reductions specified above in paragraph 75A.8(c)(3) are not applicable at properties located within the New York City Watershed.

(ii) The trench length reduction, may only be used for conventional absorption trench systems and shallow absorption trench systems.

(iii) The gravelless trench length reductions may not be further reduced by the trench length reduction allowed for Enhanced Treatment Units (ETUs) as specified in paragraph 75-A.6(b)(6).

(5) Construction.

(i) Gravelless absorption system products shall be installed in conformance with the manufacturer's instructions because of the proprietary design of some products.

(ii) The gravelless trench sidewalls shall be separated by a minimum of 4-feet of undisturbed soil.

(iii) All gravelless trenches shall be equal in length. The total trench length shall be increased if necessary.

(d) Deep Absorption Trenches. (1) Site Requirements. These are used on sites where an useable layer of soil is overlaid by three to five feet of impermeable soil.

(2) Design Criteria. (i) There shall be at least four feet of useable solid beneath the impermeable layer.

(ii) The required length of absorption trench is determined from Table 4A based upon percolation tests conducted in the underlying soil.

(3) Construction. (i) Trenches are excavated at least two feet into the useable layer and backfilled with aggregate or coarse sandy material containing a low percentage of fines more permeable than the underlying material to a level 30 inches below the original ground surface.

(ii) An absorption trench system as described in Section 75-A.8(b) is constructed in the upper 30 inches of the excavation.

(e) Shallow Absorption Trenches. (1) Site Requirements. These systems are used where there is at least two feet but less than four feet of useable soil and/or separation to boundary conditions.

(2) Design criteria. (i) A minimum two foot separation must be maintained between the bottom of each trench and all boundary conditions.

(ii) The bottom of each trench must not be above the original ground surface.

(iii) Material of the same permeability as the underlying original soil shall be used as fill material. The depth of the fill shall not be greater than 30 inches above the original ground elevation.

(iv) An absorption trench system as described in Section 75-A.8(b) is designed using the percolation of the underlying original soil.

(3) Construction. (i) Heavy equipment shall be kept out of the absorption area.

(ii) Fill material is carefully placed within the absorption area.

(iii) The edge of the fill material shall be tapered at a slope of no greater than one vertical to three horizontal. On sloped sites a diversion ditch shall be placed on the uphill side to prevent runoff from entering the fill.

(iv) The absorption trench system is constructed in the fill material, extending into the existing natural soil.

(f) Cut and Fill Systems. (1) A cut and fill system is an absorption trench system installed on sites where impermeable soil overlays a permeable soil.

(2) Site Requirements. Cut and fill systems may be used where all the following conditions are found:

(i) A soil with a percolation rate slower than 60 minutes per inch, such as clay or clay loam, overlays a useable soil with a percolation rate faster than 60 minutes per inch;

(ii) At least three feet of useable soil is available beneath the tight soil;

(iii) All minimum vertical and horizontal separation distances can be maintained as described in Table 2.

(3) Design criteria. (i) It shall provide for the removal of the overlaying unusable soil and replacement by soil having a percolation rate comparable with the underlying soil;

(ii) An absorption trench system is designed as described in Section 75-A.8(b).

(iii) The required length of absorption trench is based upon the percolation of the underlying soil or the fill material, whichever has the slower percolation (lower permeability).

(4) Construction. (i) The area excavated and filled must provide at least a five foot buffer in each direction beyond the trenches.

(ii) The material placed above the trenches shall have a percolation rate faster than 60 minutes per inch.

(iii) Original surface material shall not be used as backfill above the trenches.

(iv) The surface area of the fill system must be mounded and graded to enhance the runoff of rainwater from the system and seeded to grass.

(g) Absorption Bed Systems. (1) General. An absorption bed system operates on a principal similar to the absorption trench except that several laterals, rather than just one, are installed in a single excavation. This reduces the effective sidewall infiltration area per linear foot of lateral or leachline.

(2) Site Requirements. (i) A bed system may be built in soils with a percolation rate between one and 30 minutes per inch. A bed shall not be built where the soil evaluation indicates silty loam, clay loam, or clay.

(ii) Slope of the site shall not exceed eight percent.

(iii) Bed systems are more practical on sites that are long and narrow with a minimal slope.

(iv) All vertical and horizontal separation distance requirements shall be met.

(3) Design Criteria. (i) Pressure distribution is required for the installation of an absorption bed system. The local health department having jurisdiction may allow the use of siphon dosing on specific sites.

(ii) The maximum width of the bed shall be 20 feet. The maximum length of each lateral from a pressure manifold shall be 100 feet. Utilizing a center manifold system, a bed may then have a maximum length of 200 feet. Laterals for siphon dosing systems in beds are limited to 75 feet.

(iii) The depth of the bed shall be between 18 and 30 inches below original ground level.

(iv) Laterals shall be spaced five (5) feet apart. Two and one-half feet (2 1/2') must be provided between the laterals and the sidewalls. In the maximum width of 20 feet, only four laterals may be installed.

(v) Using pressure distribution with a center manifold, a bed system shall have maximum dimensions of 205 feet by 20 feet.

(vi) The required bed bottom area shall be calculated from the application rates shown in Table 5.

(4) Construction. (i) Heavy construction equipment shall be kept outside the proposed bottom area of the bed.

(ii) The required bed bottom area is excavated as level as practical. The bottom and sides of the excavation are hand raked to reduce soil smearing.

(iii) After excavation, a six inch layer of aggregate is placed across the bottom of the bed.

(iv) The laterals are laid level on the aggregate and covered with aggregate to a level two inches above the top of the pipe.

(v) The entire bed area is covered with a permeable geotextile. Untreated building paper or a four inch layer of loose hay or straw may be substituted if a permeable geotextile is unavailable.

(h) Seepage Pits. (1) General. A seepage pit, sometimes called a leaching pit, leaching pool, or incorrectly a cesspool, is a covered pit with an open-jointed or perforated lining through which septic tank effluent seeps into the surrounding soil.

(2) Site Requirements. (i) If soil and site conditions are adequate for absorption trenches, seepage pits shall not be used.

(ii) A minimum three foot vertical separation must exist between the bottom of any pit and the high groundwater level, bedrock, or other impervious layer.

(3) Design Criteria. (i) The required "effective seepage pit area" is obtained from Tables 6 and 7.

(ii) No allowance for infiltration area is made for the bottom area of a pit or the surface area of impervious soil layers (percolation rate slower than 60 minutes/inch).

(iii) The effective diameter of a pit includes the diameter of the lining plus the added diameter provided by the annular ring of aggregate. Any area surrounding the liner with rock smaller than 2 1/2 inches in size shall not be included as part of the effective diameter.

(iv) Effective depth is measured from the invert of the seepage pit inlet to the floor of the pit, with the thickness of impervious layers deducted.

TABLE 7

SEEPAGE PITS (CYLINDRICAL) - DIMENSIONS FOR

REQUIRED ABSORPTIVE AREA (IN SQUARE FEET)

Note: See Official Compilation for Table 7

(v) Linings may be precast concrete, cast-in-place concrete, or built in place with unmortared hollow cinder or concrete blocks. Concrete shall have a minimum compressive strength of 2,500 psi and 3,000 psi is recommended. Material with comparable structural strength, determined in accordance with commonly accepted sewage construction standards, principles or practices, may be allowed on an individual basis to prevent unreasonable hardship, provided public health is not prejudiced.

(vi) The separation between the outside edges of seepage pits shall be three times the effective diameter of the largest pit. This separation is measured as the undisturbed soil between pit excavations.

(vii) Pits shall be designed with sufficient structural stability to withstand lateral soil forces as well as vertical loads.

(4) Construction. (i) Laterals leading to each seepage pit must be at least four inches in diameter with a minimum slope of 1/8 inch per foot.

(ii) Seepage pits shall not be connected in series. A distribution box shall be required where more than one seepage pit is installed.

(iii) The pit excavation is to be raked to minimize sidewall smearing that may occur and reduce infiltration capacity. If groundwater is encountered, the pit shall be backfilled with the original soil to a level at least three feet higher than maximum groundwater and adjustments made in the pit dimensions.

(iv) The linings are placed upon a concrete block, poured concrete, or precast footing and surrounded by a six inch minimum annular ring of large aggregate (2 1/12 - 4 inches in size).

(v) The rock is covered to prevent soil from filling the void spaces. Building paper, a four inch thick layer of hay or straw may be used.

(vi) The seepage pit cover shall be structurally sound and capable of supporting 300 pounds per square foot at the weakest point. Covers may be precast concrete or cast-in-place and shall be reinforced. A manhole with an opening of at least 20 inches in the shortest dimension shall be provided.

Effective Date: 
Wednesday, February 3, 2010
Doc Status: 
Complete

Appendix 75-A.9 - Alternative subsurface treatment systems

Section 75-A.9 Alternative subsurface treatment systems. (a) General. Alternative subsurface treatment systems described in this section can be installed when site conditions exist that do not allow the use of conventional subsurface treatment systems.

(b) Raised System. (1) A raised system is an absorption trench system constructed in fill material with acceptable permeability placed above the natural soil on a building lot.

(2) Site Requirements. A raised system may be used where all the following conditions are found:

(i) There is at least one foot of original soil with a faster than 60 minutes percolation rate, above any impermeable soil layer or bedrock, but not more than two feet.

(ii) The maximum high groundwater level must be at least one foot below the original ground surface.

(iii) Slopes shall not exceed 15%.

(iv) All minimum vertical and horizontal separation distances can be maintained as described in Table 2.

(3) Design Criteria. (i) Percolation tests shall be conducted in the fill material at the borrow pit and after placement and settling at the construction site. The slower percolation rate of these tests shall be used for design purposes.

(ii) The total area beneath the absorption trenches, extending 2.5 feet in all directions from the outer edge of all trenches, is defined as the basal area. The minimum size of the basal area of the raised system shall be calculated based upon 0.2 gpd/sq.ft. A conventional absorption trench system as described in subdivision 75-A.8 (b) is to be designed using the percolation rate of the fill material. The use of slowly permeable soils for the fill material will result in a trench system that will have a basal area larger than the minimum area calculated using 0.2 gpd/sq.ft.

(iii) The minimum size of the basal area of a raised system designed to receive effluent from an ETU located in an area described in subclauses 75-A.6 (b)(6)(ii)(d)(1) or (2), shall be calculated based upon 0.3 gpd/sq ft. A conventional absorption trench system as described in subdivision 75-A.8 (b) is to be designed to distribute effluent evenly over the fill material basal area.

(iv) Sufficient fill material with a percolation rate of between 5 - 30 min/in is required to maintain at least two feet separation between the proposed bottom of the trenches and any boundary condition such as groundwater, bedrock, clay or other relatively impermeable soil or formation.

(v) The edge of the fill material shall be tapered at a slope of no greater than one vertical to three horizontal with a minimum 20 foot taper.

(vi) Horizontal separation distances shall be measured from the outside edge of the taper.

(vii) The system shall incorporate siphon dosing, pump dosing or pressure distribution. Gravity distribution may be allowed where both the following conditions are met:

(a) The local health department has a program incorporating site evaluation, system design approval, and construction inspection/certification, and

(b) A minimum of two feet of fill material with a percolation rate of 5 - 30 min/in shall be placed between the bottom of the trenches and the existing ground.

(viii) Curtain drains may be used to intercept and carry underground water away where high groundwater levels exist. Curtain drains shall be upslope from the system and at least 20 feet from the toe of slope of the fill material.

(4) Construction. (i) Heavy construction equipment shall not be allowed within the area of the system. The underlying soil shall be undisturbed although the surface may be plowed with at least a double bottomed blade/furrow plow and the furrow turned upslope.

(ii) A system shall not be built in unstablized fill material. The fill material shall be allowed to settle naturally for a period of at least six months to include one freeze-thaw cycle, or may be stabilized by mechanical compaction in shallow lifts if a fill material consisting of only a granular sand or sandy loam is used.

(iii) The absorption trenches shall be constructed in the fill material.

(iv) The entire surface of the system including the tapers shall be covered with a minimum of six inches of topsoil, mounded to enhance the runoff of rainwater from the system and seeded to grass.

(v) On sloping sites a diversion ditch or curtain drain shall be installed uphill to prevent surface water runoff from reaching the raised system area.

(c) Mounds. (1) General. A mound system is a soil absorption system that is elevated above the natural soil surface in a suitable fill material. It is a variation of the raised bed utilizing sandy fill material but not requiring a stabilization period prior to the construction of the absorption area. On sites with permeable soils of insufficient depth to groundwater or creviced or porous bedrock, the fill material in the mound provides the necessary treatment of wastewater. The overall size of the mound system will normally be substantially smaller than a raised bed.

(2) Site Requirements. A mound system may be used where all the following conditions are found:

(i) The maximum high groundwater level must be at least one foot below the original ground surface.

(ii) Bedrock shall be at least two feet below the natural ground surface.

(iii) The percolation rate of the naturally occurring soil shall be faster than 120 minutes/inch.

(iv) The natural ground slopes shall not exceed 12%.

(v) All minimum horizontal separation distances can be maintained as described in Table 2.

(3) Design Criteria. (i) The designer shall consult with the health unit having jurisdiction regarding the method for detailing the hydraulic design.

(ii) The basal area of a mound system is defined differently than a raised bed. The basal area for a system on level ground includes all the area beneath the absorption trenches or bed and the area under the tapers. On a sloping site, the basal area includes only the area under the absorption trenches/bed and the lower or downhill taper. The basal area is designed upon the percolation of the naturally occurring soil. Where the percolation rate is 60 min/in or faster, refer to Table 4B. For soils of 61 to 120 min/in, a rate of 0.2 gpd/sq. ft. shall be used for determining the minimum basal area required.

(iii) Percolation tests for the fill material shall be conducted at the borrow pit. Only soils with a percolation rate between five and 30 minutes per inch shall be used for the fill material. Sands with greater than 10% by weight finer than 0.05 mm material must be avoided. At least 25% of the material by weight shall be in the range of 0.50 mm to 2.0 mm. Less than 15% of the material by weight shall be larger than a half-inch sieve. A sieve analysis may be necessary to verify this requirement. The required absorption area is based upon the percolation rate of the fill material as determined from Table 4B.

(iv) The system shall be designed to run parallel with the contours of the site. The width of the system (up and down the slope) shall be kept to a minimum, but in no case shall the absorption area be wider than 20 feet. In a distribution network using a center pressure manifold, distribution lines shall have a maximum total length of 200 feet. In a network using an end manifold, distribution lines shall have a maximum length of 100 feet.

(v) Mound dimensions shall meet or exceed those required by the health unit having jurisdiction.

(vi) A pressure distribution network shall be required.

(vii) A dual chamber septic tank or two tanks in series in addition to the dosing tank shall be provided. A gas baffle or other outlet modification that enhances solids retention is recommended.

(4) Construction. (i) Heavy construction equipment shall not be allowed within the basal area and area downslope of the system which will act as the dispersal area for the mound.

(ii) The vegetation shall not be scraped away, roto-tilled, or compacted. Excess vegetation shall be removed with trees cut at the ground surface but stumps left in place. The area shall be plowed to a depth of seven or eight inches with a double bottomed blade/furrow plow and the furrow turned upslope.

(iii) The fill material is placed from the upslope side of the system to the full depth required in the design and shall extend to the edge of the basal area at a slope not to exceed one vertical to three horizontal.

(iv) The absorption area is then formed within the mound. A minimum of six inches of aggregate shall be placed beneath the distribution lines.

(v) The pressure distribution lines are placed parallel to the contours of the slope and a minimum of two inches of aggregate is placed above the lines.

(vi) A permeable geotextile is placed over the entire absorption area to prevent the infiltration of fines into the aggregate.

(vii) On sloping sites a diversion ditch or curtain drain shall be installed uphill to prevent surface water runoff from reaching the absorption area.

(viii) A minimum of six inches of finer materials such as clayey loam is placed over the top of the absorption area, and the entire mound including the tapers is then covered with six inches of top soil and seeded to grass.

(d) Intermittent Sand Filters. (1) General. In a sand filter, the septic tank or aerobic unit effluent is intermittently spread across the surface of a bed of sand through a network of distribution lines. Collector pipes beneath the filter collect treated effluent after it has passed through the sand.

(2) Site Requirements. (i) All horizontal separation distances shown in Table 2 must be met and the minimum required vertical separation to groundwater must be met from the bottom of the collector pipes. (ii) An environmental assessment determines that the development of the site with a sand filter is consistent with the overall development of the area and will cause no adverse environmental impacts.

(3) Design Criteria. (i) Septic tanks installed before a sand filter shall have dual compartments or two tanks in series. The use of a gas baffle on the outlet is strongly recommended.

(ii) The direct discharge of sand filter effluent to the ground surface or to a body of water shall not be approved by the Department of Health or a local health department acting as its agent.

(iii) Distributor lines shall be placed at three foot center lines as level as possible.

(iv) Collector pipes shall be centered between distribution lines at a slope of 1/16 to 1/8 inch per foot.

(v) Effluent shall be distributed to the sand filter by means of pressure distribution or dosing (siphon or pump). Gravity distribution may be used to apply effluent to smaller filters having less than 300 lineal feet of 4-inch diameter distributors or less than 900 square feet of filter area. Pressure distribution lines shall be a minimum of 1 inch and a maximum of three inches in diameter. Pressure distribution pumps shall be selected to maintain a minimum pressure of one pound per square inch (2.3 feet of head) at a downstream end of each distribution line during the distribution cycle. If siphon or pump dosing is allowed, the distributor pipe(s) shall have a diameter of three to four inches.

(vi) The distribution system shall be designed to dose the filter at least three times daily based upon the design flow rates with each dose.

(vii) The sand media shall have an effective grain size of 0.25 to 1.0 mm. If nitrification is not required by the local health department, the effective grain size shall be in the range of 0.5 to 1.00 mm. All sand shall pass a 1/4 inch sieve.

(viii) The uniformity coefficient of the sand shall not exceed 4.0.

(ix) The maximum allowed daily sand loading rate shall be 1.15 gal/day/sq. ft.

(x) Effluent from the collector pipes shall be discharged to an absorption bed located below the original ground level or a mound that is built up above the original ground surface. The size of the bed/mound shall be based upon the estimated quantity of effluent reaching the collector pipe and an application rate of 1.2 gal/day/sq. ft. regardless of the underlying soil percolation. The fill material for the bed/mound shall consist of medium sand with a percolation rate, tested at the borrow pit, not faster than five minutes per inch. All minimum vertical and horizontal separation distances shall be maintained as described in Section 75-A.4.

(4) Construction. (i) After excavation, the collector pipe shall be placed in 3/4 inches to 1 1/2 inches size aggregate.

(ii) There shall be a minimum of four inches of this aggregate beneath the entire system above the collectors.

(iii) A three inch layer of crushed stone or clean gravel with a size of 1/8 inches to 1/4 inches is carefully placed on top of the aggregate.

(iv) A minimum of 24 inches of the approved sand is placed above the crushed stone or gravel.

(v) The distributor pipes are placed in a layer of aggregate that provides a minimum of four inches across the entire surface of the filter and at least two inches above and below the distributor pipes.

(vi) A permeable geotextile, two inches of hay or straw, or untreated building paper is placed over the entire bed area to prevent the infiltration of fines into the filter.

(vii) The entire surface of the filter shall be covered with six to 12 inches of topsoil, mounded to enhance the runoff of rainwater from the system and seeded to grass.

(viii) The bed/mound following the filter shall be covered with 12 inches of topsoil and seeded to grass.
 

Effective Date: 
Wednesday, March 16, 2016
Doc Status: 
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Statutory Authority: 
Public Health Law, Section 201(1)(l)

Appendix 75-A.10 - Other systems

Section 75-A.10 Other systems.

(a) Holding Tanks. The use of holding tanks shall not be permitted for new home construction except where occupancy of a home is permitted while the sewage treatment system is under construction. Tank size shall be based upon five days design flow or 1,000 gallons, whichever is greater and meet the same construction as a septic tank except that the holding tank shall not have an outlet. Holding tanks are not acceptable for long term use on year-round residences.

(b) Non-Waterborne Systems. (1) General. In certain areas of the State where running water is not available or is too scarce to economically support flush toilets, or where there is a need or desire to conserve water, the installation of non-waterborne sewage systems may be considered however, the treatment of wastewater from sinks, showers, and other facilities must be provided when non-flush toilets are installed. Household wastewater without toilet wastes is known as greywater.

(2) Composters. These units shall be installed in accordance with the manufacturers instructions. The units shall have a label indicating compliance with the requirements of National Sanitation Foundation (NSF) Standard 41 or equivalent. Only units with a warranty of five years or more shall be installed.

(3) Chemical and Recirculating Toilets. (i) Chemical toilets provide a toilet seat located directly above a vault containing a chemical to disinfect and remove odors from the wastewater. Recirculating toilets use chemicals as the toilet flush fluid. The wastes are separated from the fluid, wastes discharged to an internal holding tank, and the fluid reused.

(ii) The liquids used in these types of toilets do not completely disinfect the wastes; therefore, waste products from these units shall not be discharged to surface waters or to the ground surface.

(iii) The reduced volume wastewater from recirculating toilets may be discharged to a larger holding tank but not to a subsurface absorption system.

(4) Incinerator Toilets. These units accept human waste into a chamber where the wastes are burned. They have a very limited capacity and require a source of electricity or gas. The ash remains must be periodically removed. They must be installed according to the manufacturer's instructions.

(5) Greywater Systems. Greywater systems shall be designed upon a flow of 75 gpd/bedroom and meet all the criteria previously discussed for treatment of household wastewater.
 

Effective Date: 
Wednesday, March 16, 2016
Doc Status: 
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Statutory Authority: 
Public Health Law, Section 201(1)(l)

Appendix 75-A.11 - Specific Waivers

Section 75-A.11 Specific Waivers.

Deviations from these standards may be granted by the State Commissioner of Health or the designated full-time city, county or part-county health department official by issuance of a Specific Waiver in accordance with 10 NYCRR Part 75, Section 75.6(b) of this Title.

Effective Date: 
Wednesday, February 3, 2010
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Appendix 75-B - Individual water supplies - Treatment systems

Effective Date: 
Saturday, December 1, 1990
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Appendix 75-B.1 - Introduction

Section 75-B.1 Introduction.

This appendix provides design and performance standards for water treatment devices approved for use on individual household water supplies.

Effective Date: 
Saturday, December 1, 1990
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Appendix 75-B.2 - Activated carbon treatment systems

Section 75-B.2 Activated carbon treatment systems. These systems consist of filtration equipment which use activated carbon to remove organic chemicals from individual water supplies. They also may be used to improve the aesthetic quality of drinking water. These systems are normally installed between the water source and the first point of use in the water distribution system.

(a) When an activated carbon filter unit is installed to treat an individual water supply containing organic chemcials, it must meet all of the following conditions:

(1) The units are installed in-line and serve the whole household. Faucet or undersink units shall not be used for the removal of organic chemicals.

(2) The treatment unit must be capable of processing water at a flow rate of at least five gallons per minute (gpm). Flow rates may be reduced if additional pressurized storage is provided after the treatment unit to insure the system will provide at least five gpm of treated water to the household continuously for a minimum of 20 minutes.

(3) The maximum application rate shall be 10 gpm per square foot of activated carbon surface area. Flow rates shall be controlled by a flow limiting device.

(4) The minimum empty bed contact time shall be three minutes. This should be accomplished with at least two filter units of equal size placed in series.

(5) Only virgin carbon shall be used. The cylinder should be recharged at a point outside the residence and the spent activated carbon properly disposed of by the vendor.

(6) Disinfection must be provided after the activated carbon unit. The preferred method of disinfection is an ultraviolet unit with a minimum rating of five gpm. The unit shall have a fail-safe device that detects the intensity of the ultraviolet light and automatically shuts down the system when the intensity decreases to below the minimum effective level specified for the unit. A manual or automatic wipe must be provided. An alternate method of disinfection would be sodium hypochlorite. If sodium hypochlorite is used, contact time adequate to eliminate pathological organisms must be provided after the point of injection and prior to consumption. The local health unit having jurisdiction may allow the use of activated carbon units without disinfection upon the adoption of a formal procedure for the approval of treatment systems installations, and notification to homeowners of the need for disinfection.

(7) Treatment units capable of backwashing shall only use treated water for that purpose. Backwashing should be at a minimum flow rate of 10 gpm for at least two minutes. The backwashing must be accomplished in a manner that does not create a cross-connection. The wastewater shall not be discharged to the ground surface but may be discharged to a septic system.

(8) All components of treatment units must safely withstand the highest water pressure in the system.

(9) The following must be provided:

(i) A flow meter to record total flow.

(ii) Sampling taps for raw, partially treated and treated water.

(iii) Adequate valving to isolate the various components, and for backwashing of filters.

(iv) Only nontoxic materials and coatings.

(v) Ease of access to all components.

(vi) Prefiltration where appropriate to remove turbidity and bacteria.

(vii) Pressure gauges before and after the activated carbon unit.

(b) Other than whole-house units. Because organic chemicals can be inhaled and absorbed through the skin during baths and showers, the following types of point-of-use activated carbon units are not suitable for use where the water contains organics:

(1) Pour-through units - a stand-alone device, not attached to the water supply system, and normally manually operated.

(2) Faucet-mount units - a unit mounted directly at the outlet of an individual tap or faucet.

(3) In-line, one-tap units - a unit mounted in a supply line that serves only one tap or faucet.

(4) Line-bypass units - an in-line unit that serves a separate tap or faucet intended for drinking water use only.

Effective Date: 
Saturday, December 1, 1990
Doc Status: 
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Appendix 75-C - Individual Onsite Water Supply Systems – Statewide Water Quality Standards

APPENDIX 75-C
INDIVIDUAL ONSITE WATER SUPPLY SYSTEMS – STATEWIDE WATER QUALITY STANDARDS

TABLE 1

The standards in Table 1 shall not be exceeded:

 

Contaminant
Standard (1)
Coliform Bacteria
Any positive result (2)
Lead
0.015 mg/l
Nitrates
10 mg/l as Nitrogen
Nitrites
1 mg/l as Nitrogen
Turbidity
5 NTU (3)
Arsenic
0.010 mg/l

(1) mg/l means milligrams per liter (parts per million).

(2) A “positive” result means that coliform bacteria are present; a “negative” result means that coliform bacteria are absent or are not present.

(3) NTU means Nephelometric Turbidity Units.

TABLE 2
Exceeding the following standards may necessitate (1) installation and maintenance of water treatment devices, or (2) limited daily consumption of water by certain persons:

 

Contaminant
Standard (1)
Iron
0.3 mg/l (2)
Manganese
0.3 mg/l (2)
Iron plus manganese
0.5 mg/l (2)
Hardness
150 mg/l as CaCO3 (2)
Alkalinity
100 mg/l as CaCO3 (2)
pH
6.5 – 8.5 (3)
Sodium
No designated limit (4)

(1) mg/l means milligrams per liter (parts per million).

(2) If standards are exceeded options for treatment should be evaluated.

(3) If pH values are outside of this range (i.e., less than 6.5 or greater than 8.5) options for treatment should be evaluated.

(4) Water containing more than 20 mg/l of sodium should not be used for drinking by people on severely restricted sodium diets. Water containing more than 270 mg/l of sodium should not be used for drinking by people on moderately restricted sodium diets.

Effective Date: 
Wednesday, March 16, 2016
Statutory Authority: 
Publilc Health Law, section 201(l)(1)

Part 76 - Public Health Administrative Tribunal

Effective Date: 
Friday, October 13, 1978
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Sections 10, 12-a, 206 and State Administrative Procedure Act, arts. 2 and 3

Section 76.1 - Purpose

Section 76.1 Purpose.

To provide for expeditious administrative proceedings to correct and to impose penalties for violations of the State Sanitary Code, Public Health Law and pertinent provisions of the administrative rules and regulations of the department.
 

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Section 76.2 - Definitions

76.2 Definitions.

As used in this Part, the following words and terms have the indicated meanings:

(a) Commissioner means the State Commissioner of Health.

(b) Department means the State Department of Health.

(c) Person means any statutory or legal entity recognized in New York State law.
 

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Section 76.3 - Public health administrative tribunal; establishment, powers and duties

76.3 Public health administrative tribunal; establishment, powers and duties.

(a) A public health administrative tribunal is established in the department consisting of three executive level staff members as designated by the commissioner. The tribunal will itself, or through delegation to tribunal representatives, have the power and duty to:

(1) accept pleas to hear and determine allegations of violations of the Public Health Law and State Sanitary Code (Chapter I of this Title), and pertinent provisions of the administrative rules and regulations of the department;

(2) examine witnesses and receive evidence for this purpose;

(3) administer oaths and affirmations;

(4) sign and issue subpoenas in the name of the department at the request of any party, requiring attendance and giving of testimony by witnesses and production of books, papers, documents and other evidence; such subpoenas shall be regulated by the Civil Practice Law and Rules;

(5) provide for taking of testimony by deposition;

(6) regulate the course of the hearings, set the time and place for continued hearings, and fix the time for filing of briefs and other documents;

(7) determine whether or not to offer a stipulation as provided in section 76.9 of this Part;

(8) impose fines, penalties, permit revocations, permit suspensions or closure as authorized;

(9) order abatement of violations, and a schedule for such abatement; and

(10) order reinspection of the facility to determine compliance with the State Sanitary Code and orders for abatement.

(b) The tribunal will:

(1) serve as the department's review board with respect to appeals made from the decisions, determinations and orders of designated tribunal representatives;

(2) maintain records relating to appeals;

(3) adopt administrative procedures and guidelines; and

(4) maintain a record of designated tribunal representatives and their decisions.
 

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Section 76.4 - Applicability

76.4 Applicability.

This Part applies to proceedings instituted by the service of finding of violation as described in section 76.5 of this Part.
 

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Section 76.5 - Finding of violation

76.5 Finding of violation.

(a) The regulatory proceeding will begin with service of a signed finding of violation issued by a department inspector. Service of the finding of violation will be made to conform to the requirements of section 12-a of the Public Health Law for service of a notice of hearing. An inspection report of the departmental inspector may be used in whole or part as the department's description of alleged violations.

(b) The finding of violation shall contain:

(1) a short and plain statement of facts found which are alleged to constitute a violation, including the dates when such facts were observed;

(2) specific reference to the provisions of the Public Health Law, State Sanitary Code or pertinent provisions of the administrative rules and regulations alleged to have been violated;

(3) Information adequate for a respondent to calculate the maximum penalty assessable if the facts are found to be as alleged;

(4) notification that a hearing will be held at a place designated by the department not less than 15 days after service of the finding of violation, and further notice that failure to appear at the time and place designated for the hearing will constitute a default in appearance by the respondent and that a decision and order will be rendered and issued on the record established by the hearing;

(5) information adequate to apprise the respondent of the provisions relating to answers set forth In section 76.6 of this Part;

(6) a statement that the respondent will be given a reasonable opportunity to be heard by written or oral argument on issues of law and fact;

(7) a description of how the proceedings may be resolved by stipulation agreement between the department and the respondent and payment of a specific monetary fine in lieu of a hearing.

(c) The tribunal or tribunal representatives may allow amendments by the respondent and the department. These amendments must be reasonably within the scope of the original finding of violation or recognize occurrences subsequent to the date of the original finding of violation and be relevant to the alleged violations.
 

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Section 76.6 - Answer to finding of violation

76.6 Answer to finding of violation.

(a) A respondent shall have seven days after receipt of service of the finding of violation within which to answer. The answer shall be made on the form and in accordance with instructions furnished to the respondent with the finding of violation.

(b) If the respondent elects to contest any of the factual allegations in the finding of violation, the respondent may include with the answer a statement of defense, mitigation, denial or explanation for each contested alleged violation. When the respondent elects a hearing on the allegations, the respondent must indicate in the answer whether witnesses will be called.

(c) If the respondent elects not to contest the factual allegations in the finding of violation, the answer shall contain an admission that the allegations are true. Such an answer shall constitute a waiver of a hearing on the existence of the facts alleged in the finding of violation and, unless the respondent indicates that an explanation will be offered, be deemed a waiver of a hearing as to the amount of any penalty.

(d) Failure of the respondent to file an answer within seven days after receipt of service of a finding of violation will constitute a waiver of the right to a hearing and authorizes the tribunal or the tribunal representative, without further notice to the respondent, to find the facts to be as alleged in the finding of violation and to render a decision and order sustaining the allegations and imposing a penalty.

(e) Allegations in a finding of violation not answered will be deemed admitted.
 

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Section 76.7 - Hearings

76.7 Hearings.

(a) Hearings are open to the public, presided over by a tribunal or tribunal representative, and are to proceed with reasonable expedition and order and, insofar as practicable, shall be held at a place and time that will minimize postponements and adjournments.

(b) Each party to a proceeding has the right to be represented by counsel, to present evidence, to examine and cross-examine witnesses (subject to the requirement contained in subdivision (c) of this section), and shall have all rights essential to a fair and impartial hearing.

(c) If requested by the respondent, the department will ensure the appearance of the departmental employee who has signed the finding of violation. Such employee shall testify and produce for examination and consideration any written evidence deemed relevant to the allegations.
 

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Section 76.8 - Tribunal representatives

76.8 Tribunal representatives.

(a) Except as otherwise provided by statute, the tribunal representatives conducting hearings are authorized to:

(1) accept pleas to, and hear and determine, allegations by the department of violations of the provisions of the Public Health Law, the State Sanitary Code (Chapter I of this Title), and pertinent provisions of the administrative rules and regulations of the department;

(2) examine witnesses and receive evidence;

(3) administer oaths and affirmations;

(4) sign and issue subpoenas in the name of the department at the request of any party, requiring attendance and giving of testimony by witnesses and production of books, papers, documents and other evidence; such subpoenas shall be regulated by the Civil Practice Law and Rules;

(5) provide for taking of testimony by deposition;

(6) regulate the course of the hearings, set the time and place for continued hearings, and fix the time for filing of briefs and other documents;

(7) determine whether or not to offer a stipulation as provided in section 76.9 of this Part;

(8) impose fines, penalties, permit revocations, permit suspensions or closure as authorized;

(9) order abatement of violations, and a schedule for such abatement;

(10) order reinspection of the facility to determine compliance with the State Sanitary Code and orders for abatement.
 

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Section 76.9 - Stipulations

76.9 Stipulations.

(a) Hearings into findings of violations may be waived upon stipulation between the respondent and the department.

(b) Stipulations shall comply with terms and conditions prescribed by the department, and may include assessment of a penalty not to exceed the maximum penalty assessable for each violation cited in the finding of violation.

(c) The department inspector, in serving the finding of violation, shall be authorized to represent the department in explaining the options available to the respondent in answering the finding of violations, including the option for stipulation.

(d) The tribunal or tribunal representative shall be authorized to offer a stipulation to the respondent.

(e) Information concerning stipulations made under this section is subject to public release.
 

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Section 76.10 - Disqualification of tribunal representatives

76.10 Disqualification of tribunal representatives.

Hearing shall be conducted in an impartial manner. Upon the filing in good faith by a party of a timely and sufficient affidavit of personal bias or disqualification of a tribunal representative, the tribunal shall determine the matter as a part of the record in the case, and its determination shall be a matter subject to judicial review at the conclusion of the hearing. Whenever a tribunal representative is disqualified or it becomes impractical for the representative to continue a hearing, another representative will be assigned to continue with the case.
 

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Section 76.11 - Decisions, determinations and orders

76.11 Decisions, determinations and orders.

(a) Unless precluded by statute, disposition of any finding of violation may be made by agreed settlement.

(b) Findings of fact shall be based upon the evidence, any matters officially noticed, and any oral or written explanations received.

(c) A written decision sustaining or dismissing the finding of violation shall be rendered by the tribunal representative promptly after the conclusion of a hearing. The decision, a copy of which will be served without delay on the respondent personally or by certified or registered mail, shall contain the findings of fact and, as applicable, orders issued and penalty assessed. The respondent shall also be notified in writing of the right to appeal the decision, as provided In section 76.13 of this Part.
 

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Section 76.12 - Record

76.12 Record.

(a) The record of a hearing will include:

(1) all notices, pleadings, motions, intermediate rulings;

(2) evidence presented;

(3) questions, offers of proof, objections and rulings;

(4) proposed findings and exceptions, if any; and

(5) any decision or report rendered.

(b) Hearings may be mechanically, electronically, or otherwise recorded under the supervision of the tribunal representative, and the original recording or an official transcript thereof shall be part of the record.

(c) Upon request made by any party, the department will prepare the record together with any transcript of proceedings within a reasonable time and shall furnish a copy to the requester. Except when any statute authorizes otherwise, the department is authorized to charge the cost for preparation and furnishing of such record or transcript or any part thereof.
 

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Section 76.13 - Tribunal appeals

76.13 Tribunal appeals.

(a) The tribunal shall serve as a review board within the department and will have jurisdiction to review all decisions and orders of tribunal representatives with regard to whether the facts found therein are supported by substantial evidence in the record and the law. The tribunal, whose decisions shall be by a majority of its members, shall have the power to reverse, remand or modify any decision and order appealed from, and may change the amount of any penalty imposed.

(b) A respondent who elects to seek review of any final decision or order of a tribunal representative shall file a notice of appeal with the department within 15 days of receipt of a copy of the decision and order of the tribunal representative. The notice of appeal is to be accompanied by a brief or memorandum outlining specific reasons why the decision and order should be changed. The filing of a notice of appeal will stay the collection of any fine or imposition of a penalty or order until the tribunal has rendered its decision. However, such notice of appeal shall not stay an order for closure nor public release of information regarding such order for closure. Appeals shall be made upon the record of the hearing and are to be made without physical appearance of the respondent unless requested by the respondent in the notice of appeal. Any appeal in which an appearance is made by the respondent will be open to the public.

(c) The tribunal shall issue its decision in writing within 30 days of receipt of the appeal and furnish a copy to the respondent by certified or registered mail.

(d) Final orders or determinations of the tribunal shall be subject to review as provided in article 78 of the Civil Practice Law and Rules.
 

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Section 76.14 - Computation of time

76.14 Computation of time.

In computing any period of time prescribed or allowed by this Part, the day that the period of time begins will not be included but the last day of the period will be included unless it is a Saturday, Sunday or legal holiday, in which event the next business day will be included. Whenever a party has the right or is required to do some act within a prescribed period of time after the service of a document and the document is served by mail, three days will be added to the prescribed period of time.
 

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