The deadline to comply with the November 4, 2017 revised Part 360 Solid Waste Management regulations has been extended by two New York State Department of Environmental Conservation (NYSDEC) Enforcement Discretion Letters signed on March 16, 2022. These replace the previous letters dated February 12, 2021. The Part 360 compliance deadline has been extended until May 3, 2023, or until amendments to the present rule are declared, whichever is earlier.


The NYSDEC Enforcement Discretion Letters are in reference to Construction and Demolition (C&D) Debris / Fill Material Transition and Regulatory Flexibility for Certain Solid Waste Management (SWM) Activities. The letters reinforce the same provisions of registration and permit requirements dating back to September 19, 2019.



One letter is concerning the management and reuse of C&D debris and material that is excavated from C&D sites. The letter outlines expansion of concrete and asphalt storage, recycled aggregate and pavement to be used as asphalt, and C&D fill material sampling requirements. Additionally, fill material, mixed loads, and grade adjustment have been more clearly defined and classified for governance of a registration or permit.


The second letter is in regards to regulatory flexibility for particular SWM activities. The letter details the storage and residue threshold of recyclables handling and recovery, as well as the dismissal of metal recovery from municipal waste combustors as part of the facility’s throughput capacity. The current regulations with regards to exempt 10-day solid waste transfer facilities are more stringent than hazardous waste requirements, therefore the NYSDEC has simplified appropriate regulations to match the solid waste requirements with the hazardous waste requirements. Management of used oil and operation of municipal land clearing debris landfills are also discussed in accordance with Part 360 regulations. Lastly, waste tires and medical waste requirements are detailed in the letter.


Additional details on the changes summarized above can be found in our previous blog. To be ahead of the deadline, contact our Solid Waste Services to help you with your permit or registration at 516-758-1273.