As of January 2015, a total of 86 permitted and 298 registered C&D debris processing facilities existed in New York State. All of these facilities are affected by the recently revised Part 360 regulations enacted by the New York State Department of Environmental Conservation. However, only some understand what changes they have to make in order to stay in compliance.

Below are the most frequently asked questions (FAQs) regarding the new Part 361-5 regulations:

Q: What is considered a “waste”?

A: Construction and Demolition debris is uncontaminated solid waste resulting from the construction, remodeling, repair, and demolition of utilities, structures, and roads as well as land clearing. This includes but is not limited to concrete, asphalt, rock, brick, soil, wood, glass, plastics, roofing shingles, and land clearing debris. If it is generated on a job site, and will not be reused on-site, then it is considered a “waste.”

Q: If my processed material meets a state specification, is it still considered a “waste”?

A: It depends. If the state specification qualifies as a pre-determined beneficial use determination (BUD), then it no longer is considered a waste.

Q: I excavated virgin bank run or soil and sell it as a product. Isn’t that no longer considered a waste since I didn’t process it or mix it with anything else?

A: Wrong! Unless you have a mining permit, once you excavate material from the ground, it becomes a waste until it reaches its final location with a few exceptions. If the material is determined to be general fill and generated outside of New York City, only then it is not considered a “waste”.

Q: When do I have to submit a permit or registration application to the DEC before I am subjected to a Notice of Violation and/or fine?


  • If you operate as a permitted facility, you can continue operating under the conditions of your current permit until it expires. You’ll then need to submit a permit renewal application to the DEC and comply with the new rules.
  • If you fall under the criteria for a registered facility, you can continue operating under your current registration until it’s expiration date or until May 3, 2021, whichever comes first, when you’ll have to either submit a renewal application or upgrade to a permit application which must be prepared by a New York State licensed professional engineer (PE).
  • If you do not qualify as an exempt facility and do not currently have a registration or permit, you are subject to a possible notice of violation or fine for operating an un-registered solid waste management facility.  

Q: When do I have to send my material to a lab to have tested?

A: Before any fill material leaves your permitted or registered facility, it must be sampled and classified as either General Fill, Restricted-Use Fill, Limited-Use Fill, or Contaminated Fill. It also must be analyzed for the parameters listed in 6 NYCRR Part 375 Soil Cleanup Objectives. However, the NYSDEC is delaying this requirement until May 3, 2021 or until new regulations are promulgated.

If you have not already submitted a registration or permit application yet to the DEC, please call Walden Environmental Engineering as we have many experienced Solid Waste experts on staff who can help you get in compliance before May 3rd, 2021!