Region 3 Upland Disposal/Management of Dredged Sediments
The following guidance is applicable to projects in Region 3 (Westchester, Putnam, Dutchess, Rockland, Orange, Sullivan and Ulster Counties) which involve upland disposal/management of dredged sediments where such disposal/management is not authorized under a permit issued pursuant Article 15, 24, 25 or 34 of the Environmental Conservation Law or a Water Quality Certification issued under section 401 of the Federal Water Pollution Control Act.
Dredged sediments which are not managed in accordance with a permit issued under the authorities listed above are a solid waste subject to regulation under 6 NYCRR Part 360 Solid Waste Management Facilities Regulations. Part 360 regulations require disposal at an authorized solid waste management facility. As an alternative to disposal in a landfill, under certain circumstances, dredged sediments can be managed in accordance with a generic or case-specific beneficial use determination (BUD). Requirements for obtaining a BUD are outlined below.
Dredged spoils which are determined to be uncontaminated, cease to be a solid waste and are unregulated when used as fill material in accordance with the generic BUD at 6 NYCRR Part 360-1.15(b)(7). Dredge spoils which exhibit moderate levels of contamination may still be eligible for beneficial use but require a case-specific BUD issued by the Department in accordance with 6 NYCRR Part 360-1.15(d). In either case, it is necessary to sample the dredged sediments, perform chemical analysis and submit the results of analysis to the Department for review. To assist applicants in collecting appropriate sediment quality data to support reliance on the generic BUD or issuance of a case-specific BUD, the following sampling and analysis guidelines are provided. This information is presented as guidance only and alternative sampling/analysis plans may be approved on a case by case basis. Applicants are encouraged to contact the Region 3/solid waste program at 845-256-3134 to discuss sampling requirements for specific projects. Prior to carrying out the sampling, it is recommended that a sediment sampling and analysis plan be submitted to the Department for review and comment. For all dredging projects in Region 3, applicants should contact the Division of Environmental Permits at 845-256-3054 to determine applicable permit requirements.
Sampling Method: Collect undisturbed dredge cores which are representative of the entire depth interval and the entire dredge project area.
The number of samples required are based on the number of cubic yards to be dredged. The number required are as follows:
|# Cubic Yards||Minimum # Samples|
|Under 5,000||1 for each 1,000 Cubic Yards|
|Over 30,000||* Contact DEC *|
The Department may require additional samples in areas of known contamination. In cases where sampling costs appear excessive in relation to total project costs (i.e., greater than 15%), contact the Regional Office to discuss ways of reducing sampling costs while maintaining adequate characterization of sediment characteristics.
Parameters to be Analyzed:
At a minimum, each sample should be analyzed for volatile organic compounds (EPA 8260B), semi-volatile organic compounds (EPA 8270C), pesticides (EPA 8081A), PCBs (EPA 8082), and the following toxic metals (EPA6010B): arsenic, barium, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium and zinc.
In case where sediments to be dredged consist primarily of sand and gravel, requirements for chemical testing may be waived. In such cases, applicants should submit results of testing for particle size analysis and total organic carbon. In general, chemical analysis will not be required for samples which contain less than 10% of particles passing the number 200 sieve and less than 0.5% total organic carbon.