familiar with the new Part 360 regulations issued by the New York State
Department of Environmental Conservation (NYSDEC) in November 2017, more
excitement is coming in the beginning of 2020.
anticipated revisions to the new Part 360 regulations include proposed changes
to types of fill material.
It is nice to recognize that the
September 19, 2019 NYSDEC Enforcement Discretion Letter has common sense in the
definitions and description of the composition of General Fill, Restricted-Use
Fill (RUF) and Limited-Use Fill (LUF), as provided on the first slide. The
proposed changes may finally account for de
minimis amounts of certain materials in the three types of material. Nobody
provides the definition of de minimis,
but everyone may roughly assume what it is. However, some differences can be
noticed in comparison of these material descriptions with the ones in the
NYSDEC Potential Revisions.
It is interesting
to see that after two years of complications and confusion, NYSDEC presented
Potential Revisions under consideration to the attendees of the
Fall 2019 New York Construction Materials Association (NYCMA), which are
expected to be issued for comments in the beginning of 2020. These include
potential changes to Part 360.13(f) – Acceptable Fill Material Uses resented on
the second slide.