(a) While this Part or Parts 361 through 365 of this Title may exempt solid waste management activities from regulation by the department, other activities, unrelated to solid waste management, occurring at the facility identified as an exempt facility may be subject to other regulations promulgated by the department.

1. (1) A transfer, storage, treatment, processing, or combustion facility located at the site of waste generation or at a location in the State under the same ownership or control as the site of waste generation. For the purposes of this Part, all locations under the ownership or control of municipal agencies and departments are considered under the ownership or control of the parent municipality. This exemption does not apply to the following facilities:

   1. (i) a facility subject to regulation under Part 365 of this Title;
   2. (ii) a composting facility for animal carcasses and parts from a slaughterhouse;
   3. (iii) a composting or other facility subject to Subpart 361-3 of this Title for municipal solid waste, sewage sludge (or other sanitary waste), or other sludges;
   4. (iv) a mobile vehicle crusher;
   5. (v) a person who deconstructs manufactured homes;
   6. (vi) storage of petroleum-contaminated soils for more than 60 days, unless a longer time period is approved by the department;
   7. (vii) a surface impoundment for handling of coal ash or coal combustion residuals.
2. (2) A transfer, storage, treatment, or combustion facility, other than a composting or other facility that is subject to regulation under Subpart 361-2 or 361-3 of this Title, located at a publicly owned treatment works or other sewage treatment plant, and used exclusively for grit, screenings, sewage sludge, septage, or leachate. Also, the receipt of organic waste at a publicly owned treatment works or other sewage treatment plant for addition to an anaerobic digester that also treats sewage sludge.

3. (3) The storage of nonputrescible waste on a vehicle for 10 days or less, provided:

   1. (i) the property where the storage occurs is owned or leased by the transporter;
   2. (ii) if trailers, containers and roll-offs are used, they must remain on or attached to the vehicles that transported them;
   3. (iii) no container, roll-off, trailer, or transport vehicle can be opened or uncovered for any purpose including transfer or treatment, unless otherwise allowed by United States Department of Transportation; and
   4. (iv) if handling hazardous waste from conditionally exempt small quantity generators, the facility complies with the standards for hazardous waste discharges from transporters specified in section 372.3(d) of this Title.

4. (4) The storage of putrescible waste on a vehicle overnight, provided:

   1. (i) if containers, trailers, and roll-offs are used, they must remain on or attached to the vehicles that transported them;
   2. (ii) no container, trailer, roll-off or transport vehicle can be opened or uncovered for any purpose, including transfer or treatment, unless otherwise allowed by United States Department of Transportation; and
   3. (iii) storage is conducted in manner that does not cause odor.
5. (5) The storage of waste on a vehicle during routine transportation operations such as stops for meals, rest periods and fuel.
6. (6) A facility that treats wastewater that is subject to regulation under Part 750 of this Title.
7. (7) A rendering facility for animal or food-derived fats, oil, grease, and animal parts.

8. (8) Collection of pharmaceutical waste generated by a household or ultimate user, including controlled substances, by the following entities, provided there is compliance under the requirements of 21 CFR Parts 1300, 1301, 1304, 1305, 1307, and 1317, as incorporated by reference in section 360.3 of this Title, and provided that if disposal occurs in New York State, the collected pharmaceutical waste is destroyed in a municipal waste combustion facility or by another method approved by the department:

   1. (i) Manufacturers, distributors, reverse distributors, narcotic treatment programs, hospitals/clinics with an on-site pharmacy, and retail pharmacies that collect pharmaceutical waste from ultimate users, including controlled substances, by voluntarily administering mail back programs and maintaining collection receptacles provided they have received authorization from the United States Department of Justice Drug Enforcement Administration as an authorized collector.
   2. (ii) Federal, State, tribal or local law enforcement agencies who conduct take-back events or maintain a collection receptacle for household pharmaceuticals at their own law enforcement location.
   3. (iii) Federal, State, tribal, or local law enforcement agencies who partner with any person or community group to conduct take-back events at a location other than their own law enforcement location.
9. (9) Facilities that store less than 1,000 waste tires at any one time.

(b) General exemptions.

In addition to exemptions provided in Parts 361 to 365 of this Title, the following facilities or person(s) are exempt from this Part: