Significant NYSDEC New Part 360 Regulation Change

As of September 20, 2017, the New York State Department of Environmental Conservation published the new Part 360 regulations for Solid Waste Management Facilities.  There are significant changes to the Part 360 rule that will affect existing and future solid waste facilities. According to the new Part 360 regulation, all Solid Waste Management Facilities must be in compliance within 180 days of the effective date.

• Effective Date: November 4^th, 2017

• Compliance Date: May 3^rd, 2018

Chemical Testing

One requirement that was added to

the new Part 360 regulation is the obligation for chemical testing of outbound materials from C&D Debris and Fill Material Transfer Stations. All fill material and residues leaving the facility must be chemically tested and analyzed for metals, PCBs/Pesticides, Semi-volatile organic compounds, asbestos and VOCs. The sampling plan must be developed by a Qualified Environmental Professional, and the samples analyzed in a NYS Department of Health’s Environmental Laboratory Approval Program (ELAP) certified Laboratory. The results of the fill sample will then be used to categorize the fill into three different categories:

1. General Fill – Only soil, sand, gravel or rock; no non-soil constituents

   • End Use:
     • Undeveloped land
     • Agricultural crop land
     • May also be used in the same manner as restricted-use and limited-use

2. Restricted-Use Fill – Up to 40% by volume inert, non-putrescible non-soil constituents

   • End Use:
     • Embankments or sub-grade in transportation corridor
     • Sites where sedentary materials exceed Restricted-Use fill or Limited-Use fill
     • Must be placed above the seasonal high water table
     • May also be used in the same manner as limited-use

3. Limited-Use Fill – No volume limit for inert, non-putrescible non-soil constituents

   • End Use:
     • Foundations and pavements above the seasonal high water table

Further definitions and categorical explanations can be found under Part 360.13(f) Table 2: Fill Material Beneficial Use. Based on the fill category, there are further restrictions on where the fill can be transported for use. Limited-use fill generated outside of Nassau and Suffolk County is strictly prohibited from being transported to any location within Nassau or Suffolk County.

Check back often as we are constantly dissecting the new Part 360 regulation. The regulations can be found here.

Contact Walden with any new Part 360 regulation questions or concerns. We have over 30 years in solid waste management and can help you and your facility understand and comply with these new rules.

Phone: (516).624.7200
Email: solidwaste@walden-associates.com

And check out our Solid Waste Regulations Updates webpage.