Solid Waste Program
Administer the 6 NYCRR Part 360 Series Regulations
The New York State Materials Management Program is administered as a regionalized program. All Part 360 Series 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 rulemaking initiatives.
Part 360 Series regulations include a registration process for certain types of solid waste management facilities which the Department has concluded do not require the extensive scrutiny and evaluation of a full Part 360 Series 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.
Part 360 General Requirements 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.
Provide Facility Oversight
The general operational requirements for all solid waste management facilities (SWMF) are contained in the Part 360 General Requirements. In addition to the operational requirements found in Part 360, specific operational requirements for each type of SWMF are contained in Parts 361, 362, 363, and 365 (Waste Transport is addressed in Part 364). 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 stating regulatory criteria and citations which the Department believes are critical to ensuring environmentally sound operation of 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 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 Materials Management 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, landfill reclamation projects, and general regulatory interpretations
- 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