According to the new Part 360 rules, you can choose between two different pathways.
The first option is to send it to a Transfer Station…..and that’s it! The transfer station will take care of the rest.
Curious as to what happens after you drop it off at a Transfer Station? According to Part 360.13(e and f), the facility will inspect, process and separate the material. From there, they are required to sample the material for every 1,000 cubic yards. A qualified environmental professional will have to review the chemical analysis of the sample results, and classify the material into one of the 3 Beneficial Use Determination (BUD) categories.
But as a Contractor, all you have to do is deliver the material from the site to the transfer station. (Make sure to take a look at NYSDEC Part 364 to know if you are required to have a Transporters Permit or Registration for your trucks and a Tracking Document).
If you decide that you do not want to take your material to a transfer station, you have another path to take…..bringing it directly to another job site as fill! This pathway though requires more work for the Contractor. This pathway will be broken up into three sections
If you excavate fill material and it is generated within one of the five boroughs of NYC, you are required to sample your material. The guidelines for sampling can be found in NYSDEC Part 360.13 Table 1 and Table 2. After it is sampled and categorized as one of the BUD’s, you will know how you can use this material moving forward. You must notify the DEC of your intent to ship the material five (5) days before it is shipped
If you generate fill material on a job site that is located outside of the five boroughs of NYC you have three options:
This section only applies if your material is pure concrete or asphalt, no matter the location of the job site.
If you have any questions regarding the Part 360 Sampling or Beneficial Use Determination Requirements, please give Walden a call. We have many Solid Waste Experts on staff that can answer your questions.
Long Island/ NYC – (516) 624-7200
Capital District – (518) 698-3012
Hudson Valley – (845) 253-8025