Important Updates about the NYSDEC Enforcement Discretion Letter

On September 19th, 2019 the New York State Department of Environmental Conservation (NYSDEC) issued a new Enforcement Discretion letter following the previous letter issued on January 25th, 2019.

Here are three important things to know about the new DEC Enforcement Discretion Letter:

  1. The NYSDEC has delayed the deadline another year for obtaining compliance with the newly revised Part 360 regulations until May 3rd, 2021.
    • If you are a C&D Debris Waste Management Facility that processes concrete, asphalt, rock, and/or soil; then you are now required to obtain a registration or permit by May 3rd, 2021. If you were previously a registered facility but fall under the criteria for a permitted facility under the new rules; then you must submit a permit application by May 3rd, 2021.
    • If you are a Mulch or Compost Processing Facility and are currently operating without a registration or permit; then you are currently subject to a notice of violation. You must apply for either a registration immediately or permit.
    • If you fall under the criteria for an “exempt” facility; then this delay does not apply to you.
  2. The NYSDEC has also delayed the requirement for fill material sampling under 6 NYCRR Part 375 until May 3rd, 2021. However, all fill material leaving a permitted or registered facility must still be classified as either General Fill, Restricted-Use Fill, or Limited-Use Fill in order to qualify for direct beneficial use.
  3. If you are a Solid Waste Management Facility and were issued a DEC registration prior to November 4th, 2017 to accept and process loads of mixed fill material (formerly known as “RUCARBS”); then you are able to continue to accept mixed fill under a registration until May 3rd, 2021 when you must then have a permit in order to continue accepting mixed fill material.

Although, the deadline has been pushed back to May 3rd, 2021 the permitting process does take a while as the DEC will be receiving many permit applications in the near future. In order to ensure that you will obtain compliance to the new Part 360 regulations by May 3rd, 2021 Walden Environmental Engineering recommends that you start the permitting process today.

Please call Walden today, as we have many experienced Solid Waste Experts on staff who can help you get started with your permit or registration!  (516) 624-7200

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