3 New Compliance Regulations for NYS DEC Part 360

Transfer Station Permit Application

The New York State Department of Environmental Conservation published the new Part 360 compliance regulations for Solid Waste Management Facilities on September 20th, 2017. The rule will come into effect starting November 4th, 2017. The new rules are affecting all transfer stations and every facility must comply with the new regulations starting May 3rd, 2018 (180 days from the effective date).

Apply/Reapply

One requirement that all fill transfer stations must comply with is that all facilities are required to either apply for a permit or registration.

Transfer Stations that:

  • Produce over 500/tons of throughput a day = permit
  • Produce less than 500/tons of throughput a day = registration

If you are a registered facility seeking to stay as a registered facility, then you must reapply for a registration. If you are a registered facility seeking a permit, you must do so by May 3rd, 2019. Facilities must then reapply for a permit or registration every five years.

Tracking Document

Another new requirement that all facilities must comply with is the tracking of all outbound fill material. According to Section 361-5.6: “C&D debris tracking from registered and permitted facilities”, all fill material that is not considered:

  • Beneficial use
  • Residue leaving a C&D debris handling and recovery facility
  • Department approved remedial plan

must have a C&D tracking document arranged by the facility indicating:

  • Name and address of C&D handling and recovery facility that generated the material
    • Name of the transporter
    • Intended destination of material

Once the waste has reached its disposal destination, the transporter must sign the tracking document confirming the delivery. The facility that receives the debris must also sign the document and return it to the facility that generated the debris within two weeks of the delivery date. This document must stay on file for a minimum of seven years, and at any time may be inspected by the NYS DEC.

Chemical Testing

Another addition to the requirement is that all outbound fill material must be chemically tested for metals, PCB/pesticides, semi-volatiles, and VOC’s. According to the rule, a sample must be taken for every 1,000 cubic yards of material for chemical testing. The possible characterizations of the fill material are broken up into three categories: general fill, restricted use fill, and limited use fill. Take a look at our blog on the breakdowns on each of these categories.

Contact Walden with any questions or concerns about the new Part 360 compliance regulations. We have over 30 years in solid waste management and can help you and your facility understand and comply with these new rules.
Solid Waste Updates Webpage
Phone: (516).624.7200
Email: solidwaste@walden-associates.com

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