Anticipated Revisions to Part 360

For those familiar with the new Part 360 regulations issued by the New York State Department of Environmental Conservation (NYSDEC) in November 2017, more excitement is coming in the beginning of 2020.  

The anticipated revisions to the new Part 360 regulations include proposed changes to types of fill material.

• It is nice to recognize that the September 19, 2019 NYSDEC Enforcement Discretion Letter has common sense in the definitions and description of the composition of General Fill, Restricted-Use Fill (RUF) and Limited-Use Fill (LUF), as provided on the first slide. The proposed changes may finally account for de minimis amounts of certain materials in the three types of material. Nobody provides the definition of de minimis, but everyone may roughly assume what it is. However, some differences can be noticed in comparison of these material descriptions with the ones in the NYSDEC Potential Revisions.

Slide 1Source: NYCMA https://www.nymaterials.com/documents

• It is interesting to see that after two years of complications and confusion, NYSDEC presented Potential Revisions under consideration to the attendees of the Fall 2019 New York Construction Materials Association (NYCMA), which are expected to be issued for comments in the beginning of 2020. These include potential changes to Part 360.13(f) – Acceptable Fill Material Uses resented on the second slide.

Slide 2 Source: NYCMA https://www.nymaterials.com/documents

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