Waste Transporter FAQs
Who needs a permit?
Anyone that transports regulated waste on the roads of New York State, if the waste originates or is disposed in the state, must have a New York State Part 364 waste transporter permit (with some exceptions, noted below).
Regulated waste includes:
- Residential Septage
- Residential Raw Sewage or Portable Toilet Waste
- Non-residential Raw Sewage or Sewage Contaminated Waste
- Sewage Sludge (Biosolids)
- Water Treatment Plant Residuals
- Grease Trap Waste
- Waste Oil (EPA ID # required), Grease Trap Waste, Petroleum Contaminated Soil, and Yellow Grease or Oil other than described below
- Waste Tires
- Asbestos Waste
- Low Level Radioactive Waste (LLRW)
- Low Level Radioactive Waste Mixed With Hazardous Waste
Note: For LLRW, highway transport through the State (i.e., no stopping to pick up or dispose) also requires a permit.
- Hazardous Industrial/Commercial Waste
- Regulated Medical Waste or other Biohazard Waste
- Oil and Gas Well Drill Cuttings from processes utilizing oil-based/polymer-based mud containing mineral oil lubricant.
- Oil and Gas Well Drill Completion or Production Wastes (flowback water, production brine, treatment residues, etc.)
- Other Industrial/Commercial Waste (including but not limited to Pharmaceutical Waste, Rendering Waste, Waste from Household Hazardous Waste Collection Events)
More detailed descriptions of the above waste types can be found on page 7 of the Waste Transporter Permit Application (PDF) (234 KB).
Who doesn't need a permit?
6 NYCRR Part 364 (link leaves DEC website) exempts a range of waste types and waste transported under certain conditions. The list below contains the most frequently applied exemptions, but not all. A waste transporter permit is not required for the following:
- Municipal solid waste (i.e., household garbage)
- Construction and demolition debris (that does not contain friable asbestos)
- Non-friable asbestos
- Nonhazardous scrap (such as scrap metal, plastic)
- Any single truckload of regulated waste containing less than 500 pounds (except hazardous waste, regulated medical waste and residential septage)
- Regulated waste transported through New York State that does not originate and is not disposed in New York, except LLRW
- Yellow Grease or Oils from restaurants and fast food operations (including cafeterias)
How do I get a new permit?
Complete the Waste Transporter Permit Application (PDF) (234 KB) by downloading the forms from this web site, or obtain a copy of the application by contacting the New York State Department of Environmental Conservation, Division of Materials Management at (518) 402-8792, or email us at email@example.com.
How much does it cost?
There is an annual fee for the transporter permit. The amount is established in State law and is based on the number of vehicles and type of waste transported. Permittees are liable for the fee even if the permit is not used.
- The rate for septage only is $250 for the first vehicle and $100 for each additional vehicle.
- The rate for all other waste is $500 for the first vehicle and $200 for each additional vehicle.
Do NOT send fee payments with a permit application, modification or renewal. You will be billed by DEC's Regulatory Fee Unit AFTER the permit is issued.
How do I modify my permit?
Complete a Waste Transporter Permit Application (PDF) (234 KB). Follow the instructions on page 1 of the application and complete each applicable section. Section B certification must be signed and dated.
How long does it take?
By law, DEC must make a completeness determination within 15 days from the date of receipt of an application. The waste transporter permit will be mailed to the applicant when issued. A fee bill will be mailed shortly thereafter. Do not send payment. The applicant is not authorized to transport waste until the permit is received.
Are there special insurance requirements?
General liability, auto liability and pollution liability insurance is required for transporters of hazardous waste, waste oil and low-level radioactive waste. General liability and auto liability insurance is required for transporters of regulated medical waste.
- $5 million for manifested hazardous waste
- $5 million for low-level radioactive waste
- $1 million for unmanifested hazardous waste and waste oil
- $100,000 for regulated medical waste
If you transport any of the above waste types, you are required by law to carry general liability insurance in the amounts shown. You must have the insurance in place before you transport any of the wastes listed above, and must submit proof of insurance to DEC at the time of permit application and/or renewal.
When do I submit my annual report?
You are required to submit an annual report for the previous year at the time of permit renewal. Use the Waste Transporter Permit Application (PDF) (234 KB) provided by the Department of Environmental Conservation.
What am I responsible for after I get a permit?
Permitted waste transporters are obligated to meet the operating requirements as set forth in New York State law and regulation (6 NYCRR Part 364) (link leaves DEC website.) Primary responsibilities of the transporter include:
- Manifesting shipments of hazardous waste, low-level radioactive waste and regulated medical waste as required by New York State Environmental Conservation Law and implement regulations
- Placarding hazardous waste shipments as required by New York State Transportation Law
- Identifying the type of waste transported, including any testing that may be necessary to determine whether or not the waste is hazardous
- Ensuring that the waste is delivered to an authorized waste receiving facility, and that each shipment conforms to the operating requirements of that facility
- Transporting wastes only in vehicles included on the waste transporter permit
- Maintaining records of the amount of waste transported to each receiving facility
- Paying the annual regulatory fee in full. Permittee is liable for this fee even if the permit is not used
- Notifying the Department of vehicle waste types or disposal facility additions or deletions
- Completing the annual renewal notice and submitting it to the Department by the required due date as displayed on the renewal notice
- Notifying the Department when you wish to discontinue your permit
- Display the full name of the transporter on both sides of each vehicle and display the waste transporter permit number on both sides and the rear of each vehicle containing waste. The displayed name and permit number must be in characters at least three inches high and of a color that contrasts sharply with the background
- Contain all wastes in the vehicle so there is no leaking, blowing or other discharge of waste
Important Phones Numbers and Important Links
For questions on Permits, call DEC at 518-402-8792 or email at firstname.lastname@example.org.
For questions on Permit Fees, call DEC at 518-402-9343.