1. (a) A combustion facility located at and operated by staff of a hospital, residential health care facility, diagnostic treatment center, or clinical laboratory regulated under 10 NYCRR Part 70 that treats regulated medical waste generated on-site. The facility can also accept regulated medical waste from a small quantity generator as defined in Public Health Law, if:

   1. (1) the small quantity generator self-transports to the facility in accordance with Parts 364 and 365 of this Title; and
   2. (2) the combustion facility and the small quantity generator enter into a written agreement prior to receipt of waste, copies of which are submitted to the department.
2. (b) Animal crematories, except those that accept regulated medical waste, regulated pursuant to Part 219 of this Title.
3. (c) A facility that combusts an alternative fuel authorized by the department pursuant to 6 NYCRR Part 212 or 227.

The following facilities are exempt from this Subpart: