On April 10, 2018 Walden attended the Hauppauge Industrial Association of Long Island (HIA-LI) Environmental/Green Industries Committee Meeting to listen to the New York State Department of Environmental Conservation (NYSDEC) discuss the revised Part 360 Regulations, a set of new rules that effect the solid waste industry in New York. David Vitale, Director of the Division of Materials Management, (NYSDEC) and Richard Clarkson, Bureau Director of Solid Waste Management, (NYSDEC) spoke on the regulations relating to fill material, solid waste transport, materials recovery and recycling, and other operations.
The meeting covered the new Part 364 regulations and discussed the concept of the recently expanded requirements for waste transporters. Before the Part 360 regulations became effective in November 2017, all waste transporters were required to have a permit. Now, the NYSDEC loosened the regulations, offering exemptions, and the option for a registration, as well as permits, depending on the threshold and type of materials being transporter. The purpose of this change is to encourage all nonexempt transporters to apply for either a registration or permit in order to lessen the amount of waste that is illegally transported and disposed of.
NYSDEC Solid Waste Regulations Enforcement Discretion Letter
The NYSDEC also discussed their Enforcement Discretion Letter dated on March 1, 2018. Simply, the letter explained 4 parts of the current regulation that this letter temporarily amends. The sections of this letter that were discussed include:
- Sites that generate only cement, concrete or asphalt (separately, not a combination of all three) do not need a permit
- Construction and demolition (C&D) facility fill material sampling requirements (These will not be enforced until the letter’s expiration.)
- Waste tires used to secure tarpaulins
- Storage Requirements for Regulated Medical Waste (RMW)
Read our previous blog which dives deeper into the letter.
Concerns with the New Regulations
Walden’s own Solid Waste Expert, Robert LoPinto, PE, brought up an important issue of the new regulations regarding the fill categorization table, known as Table 2: Fill Material Beneficial Use, found in Part 360.12(f). Bob raised the concern that a facility with general fill which adds chemically-clean crushed concrete, now must categorize the resulting mix as restricted-use fill, limiting where the material can be used. Bob proposed a change and offered a solution to the NYSDEC to review. The NYSDEC agreed to review his proposal.
No Other Exceptions Planned
The NYSDEC then further explained that all other portions of the regulations not mentioned in their Enforcement Discretion Letter are fully enforced, including the requirement for facilities to obtain a permit to operate, and that they have no plans of making any additional changes to the current regulations.
The Solid Waste Permitting Process Is An Undertaking – Don’t Wait
Applying for and obtaining a Part 360 Permit under the new rules will not be a simple or straightforward process. Applicants cannot wait to file until the deadline is looming. It is vital that required businesses start the permitting process ASAP to ensure that their Part 360 application is complete by the May 3, 2019 deadline to avoid enforcement actions and penalties.
Call Walden today and let’s begin your application. Our solid waste experts are ready to act on your behalf and answer all of your questions about the Part 360 regulations. You can reach us at:
(516) 624-7200 (Long Island – Headquarters)
(845) 745-0888 (Hudson Valley)
(518) 698-3012 (Capital District)