Storm Debris & Disposal Guidelines

The Department's Division of Solid & Hazardous Materials recognizes the need for communities to perform efficient and timely cleanup of debris generated by natural disasters and/or major storm events. As a general policy, the Department recommends that when possible, construction and demolition (C&D) debris or other municipal solid wastes resulting from such events, be shipped from the point of origin directly to authorized transfer/processing or disposal facilities. If possible, those responsible for cleanup should first contact the Regional Solid Waste Contact (Attachment 1) in the impacted Region for information on available solid waste management facilities in the immediate affected area. If local communication is not possible, the State Emergency Management Office at the State Emergency Coordination Center (SECC) should be contacted for a list of these facilities which will be provided to them by the Department's Bureau of Solid Waste, Reduction & Recycling.

Where possible, the Department encourages the recycling and beneficial use of all solid wastes including solid wastes generated as a result of a natural disaster. In addition, proper attention to the types and appropriate separation of debris needs to be considered. Wastes which are considered exempt should be separated from those which are regulated. Final disposal costs can thus be greatly reduced while ensuring that all disaster-related solid wastes are properly managed. For instance, significant volumes of tree and limb debris can be chipped into mulch or donated as firewood to avoid expensive disposal costs and the related consumption of valuable landfill air space. As noted below, communities can effectively collect, store and process tree and limb debris within the impacted community without need for Department permitting. This, however, does not include the burning of tree and limb waste materials. Burning of debris requires special permits which may not be attainable in certain areas of the State due to concern for air quality and public safety.

In the event that solid wastes cannot be shipped directly from the point of origin to authorized transfer/processing or disposal facilities, there are several options available. Part 360 contains a number of regulatory exemptions for the management of land-clearing debris wastes (i.e., tree and limb generated as storm debris) as addressed above. Provisions also exist in Part 360 for the development of new registered facilities which can be used after major storm events for temporary storage of certain types of storm debris. Additionally, temporary storage operations can also be conducted under Emergency Authorizations or General Permits. Such authorizations have been used without known adverse impacts to the environment or public safety during each of the events which occurred in 1998. The discussions below provide specific guidance on all of the options discussed above.

1. Existing Disposal and Transfer/Processing Sites

Individuals are advised to check with the Regional Solid Waste Contact located in the appropriate Regional Office for information on solid waste management facilities in the immediate area. Also, individuals should contact the disposal/handling facility regarding tipping fees and their ability/willingness to accept the waste in question. Some of the municipally-owned facilities may only accept wastes generated within their municipal boundaries. We have attached a list of the Regional Solid Waste Contacts with their respective telephone and fax numbers for your use (Attachment 1).

2. Exemptions

The following are examples of exempt solid waste activities for which no permits are required:

Exempt Wood Processing Facilities: Facilities that receive and process (not dispose) only land-clearing debris are exempt from solid waste regulation [360-16.1(b)].
Solid Waste Cessation: The following items are not considered solid waste: unadulterated wood, wood chips, or bark from land-clearing operations, when these materials are placed in commerce for service as mulch, landscaping, animal bedding, erosion control, wood fuel production, and bulking agent at a compost facility [360-1.15(b)(3)]. This exemption does not apply to the disposal of such material.
Exempt Disposal Facilities: Landfills used for the disposal of trees, stumps, yard waste and wood chips generated from these materials are exempt when origin and disposal of such waste occur on properties under the same ownership or control. Disposal facilities collecting these materials from off-site sources are also exempt from permitting requirements provided that they operate only between the hours of sunrise and sunset, and no fee or other form of payment is required for the privilege of using the facility for disposal purposes [360-7.1(b)(1)(ii)].

3. Individual Emergency Authorizations

For those activities which are not exempt, for example, temporary storage areas for construction and demolition (C&D) debris which is not generated on-site, authorization can be made on a site-specific basis by appropriate NYSDEC Regional staff. This can be done under the provisions of "Individual Emergency Authorizations" pursuant to the provisions of 6 NYCRR Part 621, section 621.12. These provisions allow temporary storage of storm debris for a limited duration only (maximum time is 60 days) until arrangements can be made for waste transportation to either treatment or final disposal facilities. Attached is a list of the Regional Permit Administrators that should be contacted for further assistance with such authorizations (Attachment 2).

4. General Permits

General Permits for temporary Storage of storm debris are available from the Regional Office's Division of Environmental Permitting. This provision is typically employed when a State of Emergency or Disaster is declared by the either the Governor or President. On matters regarding issues relative to the need for emergency General Permits, you may contact the appropriate Regional Permit Administrators.

5. Registered Disposal Facilities

Part 360 also contains a streamlined registration process for landfills that only accept land-clearing debris for disposal and that are three acres or less in area. The registration process, however, does specify that the registered landfill must be operated in compliance with all the applicable requirements [360-7.2]. The appropriate Regional Solid Waste Contact should be contacted for guidance on the use of these provisions.

6. Special Concerns

With emergency events, the Department has established response guidance based upon recent experience for the following areas of concern:

Utility Pole/Treated Wood Reuse & Disposal - The Department encourages the reuse and recycling of the utility poles damaged during storm events, where possible. Utility poles are treated wood and, therefore, cannot be handled or stored as unadulterated lumber or tree debris. However, the Department acknowledges that utilities, municipalities, and private entities can safely reuse portions of the damaged utility poles and, thus, generate significant cost savings by avoiding disposal of this fraction of the debris. During the 1998 Ice Storm, the Department was made aware of the following possible reuses for damaged utility poles: utilization as landscape timbers, fencing, structural supports, and guard rails provided they are not located in or near vegetable gardens, agricultural products, silage, or where they may come into direct or indirect contact with drinking water supplies. Additionally, they should not be placed in standing water.

As mentioned above, utility poles are considered treated wood and, thus, are included in the definition of "construction and demolition debris." As such, these poles can only be disposed of in authorized construction and demolition debris landfills or other authorized municipal solid waste landfills. Utility poles must be segregated from uncontaminated tree and brush debris if stored at locations approved for temporary storage and handling of storm debris. Utility companies storing poles originating on their property are exempt from 6 NYCRR Part 360. Open burning of utility poles is strictly prohibited.

Food Spoilage - Communities are encouraged to establish provisions for the disposal of food spoilage caused by sustained power outages. Food losses can be prevalent during times of prolonged power outages and the spoiled food can present an immediate threat to public health if provisions are not promptly made for its safe handling and disposal. Communities can establish special emergency procedures for the collection and/or drop off points for spoiled food waste in the event that power outages exceed an established duration. This would help minimize the impacts caused by the untimely removal of food wastes in areas of widespread damage.

Dead Animals - Emergency storm events can result in significant loss of livestock, pets and natural wildlife. Part 360 contains provisions and exemptions for the disposal of dead animals. Paragraph 360-1.7(b)(3) allows disposal areas for animal carcasses generated on a farm to be located within the property boundaries of that farm. Please contact your local Agriculture & Markets Department for further regulation/guidance pertaining to disposal of dead farm animals on the property where they were raised or kept for farm purposes. Paragraph 360-1.7(b)(10) allows the disposal of road-killed animals within the right-of-way on local roads and State and County highways under the jurisdiction/ownership of government agencies.

Household Hazardous Waste Collection Stations - Previous storm events have revealed the need to alert debris removal crews on the need for proper separation of Household Hazardous Waste when removing extensively damaged structures. These debris removal crews often find themselves in situations where the content and nature of household/commercial or industrial wastes are unknown. Many households commonly contain numerous solvents, chemicals, paints, heavy metals, pesticides, compressed gases and petroleum products that are hazardous to human health if not handled properly. Additionally, many commercial establishments or local industries contain similar hazardous materials which raise concern if not properly handled upon discovery.

Proper precautions should be identified and implemented whereby cleanup crews can establish a controlled area to temporarily store household hazardous waste until a specialized contractor could be brought in to deal with the material. Many communities may have access to such contractors from conducting household hazardous waste cleanup days. In certain instances, organizations such as the National Guard are sometimes called in on debris cleanup detail and may have lists of contractors and funding abilities for such services. A listing of permitted Household Hazardous Waste permanent collection facilities is attached (Attachment 3). Any questions on determining if waste is hazardous should be directed to this Department at (800) 462-6553.

Contaminated Tree Debris from Quarantined Areas - There are two localities in New York State centered in Western Brooklyn and Queens and along the southern Nassau/Suffolk border that are designated by the Department of Agriculture and Markets as emergency quarantine areas, pursuant to Section 139.2 of the Agriculture and Markets Law of New York State. Recent storm events resulted in disposal issues for trees and debris from areas under quarantine for Asian Long-horned Beetle infestation. All businesses, municipalities or individuals working inside the quarantine areas are required to be under a compliance agreement with the NYS Department of Agriculture and Markets for the proper handling and disposition of host material. Under the terms of the quarantine, there are also regulated articles within the quarantined area that require special handling. Regulated articles include all life stages of the Asian Long-horned Beetle (Anoplophora glabripennis) and host material living, dead, cut or fallen, inclusive of nursery stock, logs, green lumber, firewood, stumps, roots, branches and debris of one-half inch or more of certain genera.

Under compliance agreements for the movement of host trees or debris generated from tree trimming, removals, disposal or sales, it is mandatory for all businesses, municipalities or individuals to have crew leaders and/or supervisors attend an Asian Long-horned Beetle Training Workshop. Regulated materials are to be cut, chipped, and/or incinerated and removed in accordance with approved disposal procedures and practices identified by federal and state officials.

For more information about the program, you should contact the NYS Department of Agriculture and Markets' Division of Plant Industry at (518) 457-2087.

To further assist you or others on general solid waste issues at the Division of Solid & Hazardous Materials level, staff in the Bureau of Solid Waste, Reduction and Recycling may be reached at (518) 402-8660.

More about Storm Debris & Disposal Guidelines :

Attachment 1 Regional Solid Waste Contacts - Attachment 1 of the Storm Debris and Disposal Guidelines
Attachment 2 Regional Permitting Contacts - Attachment 2 of the Storm Debris and Disposal Guidelines
Attachment 3 New York State Household Hazardous Waste Permanent Facility Contacts - Attachment 3 of the Storm Debris and Disposal Guidelines