How Will the Proposed Revised NYS DEC Part 360 Ruling (Released June 21, 2017) Affect You?
If you are the owner or customer of Fill Material Transfer Stations (FMTS) or C&D Facilities in the state of New York, you will be impacted by the new NYCRR Part 360 Ruling. It has been over a year since changes to Part 360 were proposed. After a round of workshops, public hearings and submission of extensive public comments in 2016, the DEC has revised their Part 360 changes. (The NYSDEC received over 5,200 written and emailed public comments on the first draft of these rules.) The currently proposed revisions still have many changes from the existing regulations that will impact the operation of FMTS or C&D Facilities. Some of them are as follows:
- New C&D Facilities will now have to perform all receiving, processing and sorting of mixed C&D Debris within an enclosed building. Existing C&D Facilities that modify or expand their facility will also need to comply.
- All FMTS currently operating under a NYSDEC Part 360 Registration, and processing over 500 tons/ day of material (on a weekly average) will now need to obtain a NY State Permit. Permit Applications must be submitted to the DEC within 1 year of the regulation effective date.
- Storage piles must be separated by 10 feet or be stored in bins.
- Fill material is categorized into general fill, limited-use fill and restricted-use fill. These materials must be stored separately.
- All fill leaving a FMTS facility will need to be chemically tested for the Part 368.8 SCO chemicals.
- Material leaving a FMTS or C&D Facility needs to be accompanied by a tracking document that gets returned to the facility by the receiving location. A solid waste manifest system is to be established.
- The DEC is accepting public comments regarding the rule until July 21st, 2017.
- Walden believes these new Rules will likely come into effect by mid-September 2017.
How Walden can help?
Walden Environmental Engineering has Professional Engineering staff educated and experienced in the new Part 360 Ruling. We are environmental professionals who understand the impacts that these regulations and can assist in making sure your business will continue operating.
Walden can help with the following:
- Evaluate your site operations
- Aid in formulating and submitting public comment
- Filing for your NYS DEC Part 360 Permit within the required time frame- Facilities will have 12 months after approval of the rules to file their application, and to be in compliance with the new operating rules
- Maximize your storage and building space
If you would like to review your situation or need assistance in submitting public comments do not hesitate to contact Walden Environmental Engineering at 516-624-7200 and check out our Solid Waste Regulations Updates webpage. Look for additional comments on the proposed changes to Part 360 covering scrap metal facilities, municipalities, and others coming soon.