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Solid Waste Program

Administer the Part 360 Regulations

The New York State Solid Waste Management Program is administered as a regionalized program. All Part 360 permits, registrations, variances and other permit related determinations regarding the construction and operation of solid waste management facilities are issued on a regional basis. The NYSDEC divides the State into nine multi-county regional jurisdictions. Each of these nine regions is staffed with a Regional Materials Management Engineer and program staff. Regional staff are responsible for permitting, facility inspection and assessment of facility compliance. The Division's Central Office in Albany provides program, administrative and technical assistance to the Regional staff. Central Office staff also develop program policy and rule making initiatives.

The Part 360 regulations were substantially revised in 1993 to address 40 CFR Part 258 federal criteria for municipal solid waste landfills, and to address legal, technological, and policy developments that occurred after 1988. The 1993 Part 360 regulations also provide more regulatory flexibility and reduced regulatory burden than previous versions of Part 360.

Additionally, the current Part 360 regulations include a registration process for certain types of solid waste management facilities such as transfer stations and land clearing debris landfills which the Department and the regulated community feel do not require the extensive scrutiny and evaluation of a full Part 360 permit process. The registration process is simple yet it still ensures adequate record keeping and controls over these smaller, less complex solid waste management facilities without sacrificing environmental protection.

The Part 360 regulations also include a section which allows certain materials to exit the solid waste stream when beneficially used. The Beneficial Use Determination (BUD) regulations identify certain solid wastes that, when used in a specific manner, are no longer subject to regulation under Part 360. For solid waste not specifically identified in Part 360, procedures and criteria are included to allow the DEC to make case-specific determinations of beneficial use.

Under the BUD Program, waste materials which would otherwise be disposed of can be utilized in a cost-efficient manner, in many instances saving our State's natural resources. The Department maintains a list of BUDs granted in New York State.

Provide Facility Oversight

The general operational requirements for all solid waste management facilities (SWMF) are contained in the Part 360 regulations, Subpart 360-1. In addition to the operational requirements found in Subpart 360-1, specific operational requirements for each type of SWMF are contained in each separate Subpart of the Part 360 regulations. It is largely these provisions or regulatory citations that are enumerated on the Department's inspection forms for solid waste management facilities. These standardized forms are a checklist enumerating the regulatory criteria and citations which the Department believes are critical to ensuring environmentally sound operational performance at the facility. The inspection process is the primary means by which the Department assesses the operational compliance of solid waste management facilities.

Another important aspect of the Department's facility oversight is the review of facility quarterly and annual reports which must be submitted to the Department. The Department has developed standardized reporting forms for many types of solid waste management facilities. For example, for active landfills in the State, the annual report submitted to the Department must detail: the total quantity in tons of solid waste disposed of at the facility for that year broken down by waste type, the remaining site life and capacity of the existing constructed landfill and other entitled areas not yet built, an estimate of the actual in situ waste density, a compilation of all water and leachate quality data collected throughout the year, the amount of leachate collected and transported off-site, the tipping fee charged by waste type in dollars per ton, the amount of each solid waste type (recyclables) recovered from disposal and its final destination, and annual adjustments to closure and post-closure care cost estimates and financial assurance documents.

Provide Technical and Regulatory Assistance

One of the major aspects of the Solid Waste Program is providing technical and regulatory assistance to the Regional Offices and the regulated community. This assistance is provided in many forms:

  • Provide engineering and hydrogeologic support to the Regions for new and existing landfill permitting and enforcement matters, corrective measures, technical review of landfill State assistance payment reimbursements, regulatory mandate relief, landfill reclamation projects, and general regulatory relief measures
  • Provide technical assistance to local governments in the planning and implementation of new solid waste management facilities
  • Provide representation on federal, Department and Division task forces relating to solid waste issues
  • Develop and participate in landfill inspector training and other technical training courses
  • Perform aquifer determination evaluations in support of Part 360 solid waste management facilities
  • Coordinate USEPA issues relating to approved Federal 40 CFR Part 258 Program
  • Develop Program Policies for solid waste issues
  • Provide specialty technical support to the Regions during permit hearings
  • Provide assistance to the regulated community on solid waste landfill capacity issues

New York City Solid Waste Management

Fresh Kills Landfill, once the largest operating landfill in the state, ceased receiving the city's municipal solid waste on March 22, 2001. Following the collapse of the World Trade Center, the landfill was reopened to receive disaster debris for staging, searching, recovery and later for disposal. In all, approximately 1,650,000 tons of debris and steel were taken to the landfill.

With the conclusion of World Trade Center recovery operations, efforts are focused on design and construction of closure and capping of the landfill and the development of an end use plan. Final cover construction has been completed for landfill sections 2/8 and 3/4. Design of the final cover for section 6/7 has been completed and construction activities have been initiated. Final cover design for section 1/9 is nearing completion. It is expected that completion of construction for all the landfill sections will be achieved by 2010.

The closure of Fresh Kills Landfill marks the end of solid waste disposal operations within New York City limits. All solid waste generated within the city is currently transported outside of the city for disposal. The city is currently contracting with private firms to dispose of residential solid waste collected by the New York City Department of Sanitation (NYCDOS). The city is also taking steps to formulate a new Local Solid Waste Management Plan. The plan will outline the long-term plan for the management of approximately 50,000 tons per day of residential and commercial solid waste collected in New York City. The plan is expected to equip the City with an equitable, environmentally sound, operationally efficient and cost-effective barge and rail-based solid waste transfer and export system.


More about Solid Waste Program:

  • Hillcrest Industries - Community update regarding odor and dust complaint issues at Hillcrest Industries in Attica, Wyoming County.
  • Quasar Anaerobic Digestion Facilities - Frequently asked questions about Quasar Industries, a bioenergy facility where biogas is generated during the anaerobic digestion process through the conversion of organic matter to carbon dioxide and methane. The biogas is then sent to an engine which converts the biogas to electricity. Facilities located in Erie and Niagara County.
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    Division of Materials Management
    Bureau of Permitting and Planning
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    Albany, NY 12233-7260
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