In late 2017, New York State issued a major revision of the Part 360 regulations, which govern the handling, storage, and disposal of solid waste throughout the state.
As is the case with most new or revised regulations, there was a period for public comment. Due to strenuous objections from the industry, which resulted in legal action, the state subsequently issued what were called Enforcement Discretion Letters. The letters delayed the full execution and implementation of the revised regulation. In 2023, another revision of Part 360 was issued, and the Enforcement Discretion Letters were allowed to sunset.
Of course, these revisions significantly impact many solid waste facility operators, especially for Construction and Demolition (C&D) facilities, and could require substantial work for permits or registrations. In the case of a permit, you must submit information to the state that has been reviewed or prepared by a licensed Professional Engineer (P.E.).
With the new rules being finalized, operators can no longer rely on past Enforcement Discretion Letters to delay compliance action. If your facility must be permitted, you should begin working on preparing the required documentation now, as it may take a significant period of time to complete.
For C&D facilities now requiring a permit, if you do not have a complete application under Part 360 by July 2024, your authorization to continue operating will expire, leaving facilities open to a Notice of Violation for lack of operating authority.
Walden has updated our previous Guide on this topic to ensure that you have access to the most current information possible. You can read the updated Guide by clicking the link.
Since the modifications to Part 360 were first announced, Walden has tracked changes to help ensure our clients are in compliance. We can help you, too. If you have questions about Part 360 or Solid Waste, contact us today at 516-604-5684.