What is and is Not Considered “Waste” by the NYSDEC?

Regardless of how natural or clean the soil might be, if you had excavated fill material from a commercial property, public park, or even a residential backyard, it most likely is considered a “waste” material (with some exceptions!) that is regulated under the New York State Department of Environmental Conservation Part 360 series.

Following the recently published Enforcement Discretion Letter on behalf of the NYSDEC on 1/25/2019, the NYSDEC had compiled a list of clarifications that described what is not considered a “waste” and whether or not it requires a Part 364 Waste Transporter permit.


The following list describes what is and is not considered a “waste”:

  • Any fill material generated in New York City continues to be considered a “waste” until it is delivered to the site of reuse.
  • For general fill generated outside New York City, once the material has been determined to be considered general fill in accordance with 360.13(f), the material is no longer considered a “waste” and does not require transport by a Part 364 waste transporter.
  • Any fill material generated outside of New York City which shows no evidence of historical impacts or any visual or other indication of chemical or physical contamination is not considered a waste as per 360.12(c)(1)(ii) and does not require transport by a Part 364 transporter.
  • Any fill material that meets the specifications for pre-determined beneficial use or an approved case-specific beneficial use determination (“BUD”) is not considered a “waste” at the point of usage and does not require transport by a Part 364 transporter.

To read more about Part 360 Beneficial Use Determination, please read our other blog for more information at https://waldenenvironmentalengineering.comthe-contractors-guide-to-part-360-beneficial-use-determination.

If you have any questions regarding Part 360 or Part 364 Waste Transporting requirements, please give Walden a call. We have many Solid Waste Experts on staff that can answer your questions.