NYSDEC issues new Solid Waste Regulations

As 2017 came to an end, NYSDEC finally issued the long-anticipated revised Part 360 Series of Solid Waste Management Facility Regulations.  This was the first major revision of New York’s solid waste regulations in nearly 25 years.  The new regulations became effective on November 4, 2017 and include compliance deadlines as early as spring 2018.  Numerous changes are contained in the revised regulations; here are a few highlights:

  • Requires facilities that receive, process and sort mixed Construction & Demolition (C&D) debris to operate in an enclosed building to minimize effects on the surrounding community, and expands tracking requirements for C&D debris;
  • Limits registration duration and some case-specific Beneficial Use Determinations (“BUD”) to five years;
  • Increases regulations that apply to mulch production and storage;
  • Strengthens current prohibitions on the disposal of flowback water and production brine wastes from oil and gas production drilling and high-volume hydraulic fracturing

One notable change is a new section regulating the management of historical landfills which requires the owner or operator to notify NYSDEC of any intent to disturb such disposal area, and any discovery of exposed waste, a surface discharge of leachate, a contravention of groundwater quality standard, migration of disposal facility gases, vectors, subsidence, slope failures, or “any other significant adverse environmental impacts”.