NYSDEC Extends Deadline Again for New Part 360 Solid Waste Management Facility Regulatory Compliance

by | May 4, 2023

The New York State Department of Environmental Conservation (NYSDEC) has extended the deadline for Solid Waste Management Facilities (SWMF) in New York State to comply with certain provisions of the NYSDEC Part 360 series regulations, effective November 4, 2017. The NYSDEC issued two (2) Enforcement Discretion Letters, dated April 6, 2023, which replace and are substantially the same as the previous series of letters dated April 27, 2022. The previous enforcement discretion that was set to end on May 3, 2023 has been extended until May 3, 2024, or until the new Part 360 regulations are adopted and in effect, whichever is earlier.

The Construction and Demolition (C&D) Debris/Fill Material Transition Discretion Letter discusses types of material under provisions for management and reuse. Concrete and asphalt are allowed for storage prior to reuse and do not require a Part 364 waste transport registration or permit. Additionally, recycled aggregate and pavement can be used for asphalt as a discrete material stream. Fill material has also been redefined with associated sampling requirements, if applicable. Furthermore, a SWMF is allowed to accept mixed loads and material for grade adjustment under certain conditions outlined in the discretion letter.

The Regulatory Flexibility for Certain SWMF Activities is outlined in a separate discretion letter. The NYSDEC has waived the residue threshold and allows for expanded storage of non-putrescible recyclables for registered recycling facilities. Metals extraction subsequent to combustion under municipal waste combustors is no longer considered part of the facility’s throughput capacity either. The NYSDEC has also simplified appropriate regulations to match the solid waste requirements of exempt 10-day transfer facilities with the hazardous waste management facility requirements. Other topics discussed in the discretion letter include requirements for used oil, municipal land clearing debris landfills, waste tires, and medical waste subject to Part 360 regulations.

Walden continues to track regulatory changes regarding Part 360 Solid Waste Management to keep our clients up to date for compliance. If you have any questions on the impacts these regulatory changes may have at your facility, please contact us at 516-701-1681.



NYSDEC Part 360/361 Facility Transition Series: Operational Requirements for Mulch and C&D Related Operations

solid waste, C&D debris, fill material, Part 360

Visit Walden’s solid waste consulting webpage here, and contact us at 516-701-1681 to speak with one of our solid waste engineers.