Updated NYSDEC Solid Waste Regulations (Part 360) Require Compliance with Special Requirements for Fill Material

Owners or operators of facilities that accept and process excavated material (fill) are now required to comply with the special requirements for pre-determined beneficial use of that material as fill in accordance with the updated New York State Department of Environmental Conservation (NYSDEC) Part 360 Solid Waste Management Facility regulations, effective July 22, 2023.

What is required for fill end use compliance?

Excavated material (fill) leaving a facility for use at a jobsite is required to be examined visually for physical characterization and sampled for chemical analysis by a laboratory to classify it into the correct fill type (there are now five fill types) and determine allowable end uses for the material under a sampling program as per the updated regulations.

A sampling program for excavated material (fill) leaving a facility must be designed and implemented by or under the direction of a Qualified Environmental Professional (QEP) in accordance with the regulatory requirements. Written documentation of the sampling program, including QEP certification that samples were representative of the fill, must be kept for three years from the date of sampling and provided to the NYSDEC when requested.

When did the chemical sampling requirements become effective?

The chemical sampling requirements became effective 180 days from the effective date of the updated Part 360 regulations, which was January 18, 2024.

Who can act as a Qualified Environmental Professional (QEP)?

A QEP must meet specific educational, licensure/certification, and experience credentials designated by the NYSDEC. If you do not have someone who meets QEP requirements on staff, Walden Environmental Engineering can provide a QEP and help to develop and execute a sampling program for your facility that will fully comply with the regulatory requirements on a timely basis.

Need more help?

Walden Environmental Engineering has a team of professionals with decades of experience helping waste-handling facilities ensure compliance with local, State, and Federal regulations, including Part 360. If you need help developing a sampling program in compliance with Part 360 regulations, contact Walden today. Our staff includes Professional Engineers, Professional Geologists, and QEPs, as stipulated in the amended rule. Download our Part 360 guide or give us a call at 516-604-5684 to learn more!