Local Solid Waste Management Plan in the New 6 NYCRR Part 366

Local Solid Waste Management Plan and “planning units”

The recently adopted Part 366 regulations require a New York State Department of Environmental Conservation  (NYSDEC) approved plan (similarly called a local solid waste management plan or LSWMP) to be in place before any waste is accepted at a given facility.  With these new regulations, any and all municipalities must have a NYSDEC-approved LSWMP to transfer waste to a solid waste management facility.  LSWMPs are centered around planning units, defined by the NYSDEC as “locations within New York State, a county; two or more counties acting jointly; a local government agency or authority established pursuant to State law for the purposes of managing solid waste; any city in the county of Nassau; any of the above in combination with one or more neighboring cities, towns, or villages; or two or more cities, towns, or villages, or any combination of them, that the department determines to be capable of implementing a regional waste management program. In order for a county to be a planning unit, it must include all cities, towns, and villages within its borders.” Planning units must be defined in the body of the LSWMP, and include information on members (municipalities, agencies, etc.), total population, neighboring areas, and a description of the solid waste management activities over the past ten years. Walden Environmental Engineers offer services to local governments, preparing local solid waste management plans and material chemical testing and solid waste consulting.

Part 366 Objectives

The September 20 2017 release of 6 NYCRR Part 366 continues the policy objectives set forth in subdivision 27-0106(2) of the Environmental Conservation Law (ECL).  These objectives describe a goal to primarily decrease the amount of solid waste produced, and secondarily examine options to reuse, recover, or safely dispose of said waste.  In the past, Part 360, subpart 360-15 covered requirements for creation, review, and approval of a “local waste management plan” by the NYSDEC.

Part 366 describes the following mandatory criteria for a Local Solid Waste Management Plan, which shall:

  • Consider all solid waste generated within the planning unit over a ten-year period
  • Take into account the objectives of subdivision 27-0106(2) of the ECL
  • Comply with subdivision 27-0107 of the ECL
  • Consider and incorporate as necessary the goals and objectives of the current waste management plan in place
  • Describe how creation of employment opportunities is balanced with sustainable solid waste management and energy production

Community Involvement

Before a plan is approved by the NYSDEC, public participation is required, including a public comment period of no less than 45 days, and a minimum of one public meeting conducted by the planning unit.  The planning unit must detail the number of non-planning unit representatives in attendance at this meeting, along with written responses to pertinent public comments stated during the meeting.

Regular Updates to LSWMP

Once approved, an LSWMP must be updated once every two years.  This update requires a summary report, solid waste and recyclables data, and any other changes that may affect plan implementation. Community outreach and education activities shall be described in the biennial update as well.

Walden Environmental Engineering

Walden has a team of Professional Engineers with decades of experience in solid waste engineering and municipal consulting who can help you prepare for the impending changes to the NYSDEC waste management regulations. Read other Walden content on solid waste regulations like the fill testing requirements and your facility’s environmental impact. For more information on how the recently issued regulations may affect your local government entity, please give Walden a call at (516) 624 – 7200. And check out our Solid Waste Regulations Updates webpage.

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