The New York State Department of Environmental Conservation (NYSDEC) revised Part 360 Section 360.12: Beneficial Use after the public had many comments and questions about the beneficial use determination criteria and procedure. 

The NYSDEC defines Beneficial Use as when solid waste is no longer classified as waste and can be used.  Walden discussed the NYSDEC pre-determined beneficial use materials in Walden’s previous blog: Part 360 – Beneficial Use Part I.

For facilities that have materials they wish to define as beneficial use, but were not listed under the pre-determined materials, they must go through a process of a case-specific beneficial use determination.  The facility that wants a specific waste to be classified as beneficial use must submit a petition to the NYSDEC.  The petition must include:

  • Description of the waste and the proposed use,
  • Annual quantity (weight and volume) of the waste proposed to be recycled or reused,
  • Source that produced the waste and any chemicals involved in the production process,
  • Analytical data showing the chemical and physical properties of the waste and the properties of the materials the waste should be a substitute for,
  • Description of how the waste can be used as a substitute for the product or raw material,
  • Prove that there is a market for the use of the waste, such as:
    • A contract or agreement for the proposed product or other proof that there is a market for the proposed waste
  • Prove that the waste will not harm public health or the environment by providing:
    • A waste control plan including:
      • Procedure of periodic testing of the waste,
      • Storage methods and maximum volume of waste to be stored, storage not to exceed 365 days unless otherwise approved,
      • Methods for run-off control or treatment,
      • Best Management Practices (BMPs) to minimize dispersion of waste
    • Comparison of the chemical and physical properties of the waste compared to the proposed beneficial use,
    • Any other documents as requested by the NYSDEC to prove the proposed beneficial use will not harm public health and safety,

The NYSDEC will only determine beneficial use if the following are provided:

  • Petition containing all technical information described above,
  • The beneficial use is actually a use and not a method of disposal,
  • The waste is treated as a commodity and will act as an effective substitute for another commercial product or raw material,
  • There will be no decontamination or other like process required when used,
  • There is a market for the beneficial use product,
  • Any heavy metals or other pollutants are below concerning concentrations as determined by the NYSDEC,
  • The proposed use will not harm public health and/or the environment,
  • Any approved petitions will contain conditional approval, and can be changed or suspended if any information changes,
  • Any approval will be valid for no more than 5 years from the date of approval.

If you have questions or need help with your Beneficial Use determination, please call Walden at (516) 624-7200.  And make sure to check out our Solid Waste Regulations Updates webpage.