Proposed Changes to NYSDEC Part 360 Series Announced

Five years following the New York State Department of Environmental Conservation (NYSDEC) issuance of their revamped Solid Waste Regulations (Part 360 Series), the State has announced that they are proposing significant changes to several of the State’s current regulations governing the management of solid waste.

Highlights of the proposed updates include, but are not limited to:

• The addition of a new prohibition on siting of new landfills or expansions of landfills within 1,000 feet of a school or legal place of residence;

• Changes to landfill base liner requirements to include the use of 80 mil HDPE geomembranes minimum rather than 60 mil HDPE geomembranes;

• The use of double composite liners for construction and demolition debris (CDD) landfills, ash landfills, papermill sludge landfills, and other industrial waste landfills;

• The requirement for CDD landfills to install horizontal gas collection lines to control odors and limit landfill gas emissions;

• Changes to the State’s process for certain Beneficial Use Determinations for the reuse of materials;

• Clarifications of terminology and uses for excavated and fill materials;

• Limiting the use of certain excavated materials in Long Island, Westchester County, and the New York City Watershed;

• Delineation of a new facility type specifically for Postconsumer Paint Collection from households or exempt small quantity generators;

• Expands the exemptions for municipalities collecting source-separated recyclables and changes to help municipalities that hold household hazardous waste collection events; and

• Moves the submission deadline for LSWMP biennial updates from May 1 to October 1.

While some of these proposed changes provide clarifications to the relatively new Part 360 series regulations, some updates proposed include significant changes to established practices which may result in difficulties for municipalities and private landfill owners, including increased cost of construction.

NYSDEC is holding two virtual public hearings on July 19, 2022 and accepting written public comments on the regulations until July 25, 2022. B&L is reviewing these proposed changes and will continue to assess their impacts on the solid waste industry. If you would like to discuss their potential to affect your facilities and projects, please feel free to contact us.