The Contractor’s Guide to Part 360 Beneficial Use Determination

The Contractor’s Guide to Part 360 Beneficial Use Determination (BUD’S)

What do I do with the excess excavated material from my construction site?

According to the new Part 360 rules, you can choose between two different pathways.

Pathway 1

The first option is to send it to a Transfer Station…..and that’s it! The transfer station will take care of the rest.

Curious as to what happens after you drop it off at a Transfer Station? According to Part 360.13(e and f), the facility will inspect, process and separate the material. From there, they are required to sample the material for every 1,000 cubic yards. A qualified environmental professional will have to review the chemical analysis of the sample results, and classify the material into one of the 3 Beneficial Use Determination (BUD) categories.

But as a Contractor, all you have to do is deliver the material from the site to the transfer station. (Make sure to take a look at NYSDEC Part 364 to know if you are required to have a Transporters Permit or Registration for your trucks and a Tracking Document).

Pathway 2

If you decide that you do not want to take your material to a transfer station, you have another path to take…..bringing it directly to another job site as fill! This pathway though requires more work for the Contractor. This pathway will be broken up into three sections

1. Material generated in NYC
2. Material generated outside NYC
3. All Locations – Pure Concrete and Asphalt

1. Material Generated in NYC
   

   If you excavate fill material and it is generated within one of the five boroughs of NYC, you are required to sample your material. The guidelines for sampling can be found in NYSDEC Part 360.13 Table 1 and Table 2. After it is sampled and categorized as one of the BUD’s, you will know how you can use this material moving forward. You must notify the DEC of your intent to ship the material five (5) days before it is shipped

2. Material Generated Outside NYC
   

   If you generate fill material on a job site that is located outside of the five boroughs of NYC you have three options:

   • If there IS NO sign of historical impacts, such as spills, or exhibits no visual or other indication of chemical or physical contamination, you DO NOT have to sample the material.
   • If there IS historical impacts, such as spills, or exhibits a visual or other indication of chemical or physical contamination, you DO have to sample. The guidelines for sampling can be found in NYSDEC Part 360.13 Table 1 and Table 2. After it is sample and categorized as one of the BUD’s, you will know how you can use this material moving forward.
   • For material that is categorized as Restricted-Use Fill or Limited-Use Fill you must notify the DEC of your intent to ship the material five (5) days before it is shipped.

3. All Locations – Pure Concrete and Asphalt

   This section only applies if your material is pure concrete or asphalt, no matter the location of the job site.

   1. Concrete – if you have recycled aggregate only (pure concrete) it must meet a municipal/state specification and be manufactured in order to not require sampling.
   2. Asphalt- If you have asphalt that is broken down to millings and meets a state specification, it may be used as an ingredient for new asphalt without requiring sampling
   3. Asphalt­- If you have asphalt from a job site, you can bring it directly to an asphalt plant without any required sampling.

If you have any questions regarding the Part 360 Sampling or Beneficial Use Determination Requirements, please give Walden a call at (516) 624-7200. We have many Solid Waste Experts on staff that can answer your questions.