Storm Debris Management Guidelines

Storm Debris Management Guidelines

The following table provides guidance on the proper management of various types of debris that could be generated from natural disasters and/or major storm events.

The DEC Division of Materials Management 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, DEC recommends that when possible, debris or other municipal solid waste (MSW) resulting from such events, be shipped from the point of origin directly to authorized recycling, reuse, transfer/processing or disposal facilities. If possible, those responsible for cleanup should first contact the Regional Materials Management Contact in the impacted Region for information on available solid waste management facilities in the immediate affected area. If local communication is not possible, the New York State Office of Emergency Management (OEM) should be contacted for a list of these facilities which will be provided to them by the DEC's Bureau of Solid Waste Management.

Where possible, DEC encourages the recycling and beneficial use of all solid wastes including solid wastes including debris generated as a result of a natural disaster. In addition, proper attention to the types and appropriate separation of debris needs to be considered. Debris which is considered recyclable should be separated from non-recyclable material as early in the cleanup process as possible, as well as materials  exempt from Waste Transporter regulations from wastes needing registered or permitted transporters. Final management and/or disposal costs can thus be greatly reduced while ensuring that all disaster-related 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 if mixed with other storm debris. Note untreated tree debris must not be moved more than 50 miles from its point of origin to avoid spreading invasive pests. As noted below, communities can effectively collect, store and process tree and limb debris within the impacted community without need for DEC 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 storm debris cannot be shipped directly from the point of origin to authorized transfer/processing or disposal facilities, there are several options available. Part 363-2.1(g) contains a exemption for the management of tree debris as addressed above. An exemption is provided in Part 361-4.2(c) for facilities to receive, store and process yard trimmings and tree debris from storm-impacted areas designated by the Governor as disaster areas. Additional temporary storage processing operations can also be conducted under Emergency Authorizations or General Permits. 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 Materials Management 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.

2. Exemptions

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

Tree and Yard Debris

Exempt Wood Processing Facilities

Facilities that receive and process (not dispose) only yard trimmings or tree debris considered storm debris from an area designated by the Governor of New York State are exempt from solid waste regulation provided criteria specified by DEC are followed (6 NYCRR 361-4.2(c)).

Solid Waste Cessation

The following items are not considered solid waste: unadulterated wood, wood chips, or bark and yard trimmings, when these materials are used for mulch, landscaping, animal bedding, or erosion control, (360.12(c)(4)(iii). 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 the size does not exceed one acre (not valid in Nassau or Suffolk Counties) - 363-2.1(g).

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. Contact the appropriate Regional Permit Administrator for further assistance with such authorizations.

In addition, a temporary emergency waste transporter permit can be authorized to allow for the transportation of regulated wastes such as raw sewage, septage, sludge from a sewage treatment plant, waste tires, waste oil or industrial-commercial waste including hazardous waste and medical waste. Contact the Waste Transporter Permit Program at (518) 402-8792 or [email protected]

4. General Permits

General Permits for temporary storage of storm debris are available from the Regional Permit Administrator. 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

Land-Clearing Debris Landfills registered prior to 2017 under Part 360 can continue to receive tree debris, yard debris, clean soil and rock from storm cleanups until the landfill reaches its lifetime authorized capacity of three acres or less in area.  These landfills cannot be operated in Nassau or Suffolk Counties. 

6. Special Concerns

With emergency events, DEC has established response guidance for the following areas of concern:

Asbestos Contaminated Material (ACM) - Significant storm events can result in the generation of large amounts of ACM. Cleanup (and repair) crews and emergency response officials should be made aware of asbestos removal and disposal requirements. This guidance is designed to provide a streamlined summary for proper handling of ACM generated during these storm events.

Asian Long-horned Beetle infestation - There are several areas in New York City and Long Island 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. Additional information can be found on the DEC's Asian Longhorned Beetle and invasive species webpages and on the Department of Agriculture and Markets webpage.

Dead Animals - Emergency storm events can result in significant loss of livestock, pets and natural wildlife. Part 363 Landfill regulations in subdivisions 363-2.1(b), (c) and (d) that allow the disposal of farm animals, pets, and road-killed animals provided directions in these regulations are followed.

Electronic Waste (E-waste) - Emergency storm events can result in the damage and loss of various electronic equipment, such as computers, computer peripherals, televisions, small scale servers and small electronic equipment. Consumers can segregate & recycle storm damaged electronic waste (E-waste) in accordance with the NYS Electronic Equipment Recycling & Reuse Act. Consumers may store E-waste, and wait until equipment can be properly disposed of. Consumers can also contact their municipality for more information regarding additional recycling/reuse/disposal options which may be available locally. Reuse of working E-waste items is always an option and these items can be donated to various organizations. In extreme storm conditions, Federal, State and/or Local emergency responders may arrange for special e-waste management services, such as curbside collection/removal and/or drop off locations. In these special circumstances, all relevant information, including instructions and pick-up schedules will be developed and disseminated to the affected parties.

Emerald Ash Borer and other Invasive Species:  Communities can limit the spread of invasive plants and animals during recovery by following recommendations here.

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.

Household Hazardous Waste (HHW) Collection Stations - Previous storm events have revealed the need to alert debris removal crews on the need for proper separation of HHW 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 and the environment if not handled properly. 

Proper precautions should be identified and implemented whereby cleanup crews can establish a controlled area to temporarily store HHW until a specialized contractor could be brought in to deal with the material. Many communities may have access and might be familiar with such contractors from conducting HHW collection events. 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 list of what is considered HHW can be found at Household Hazardous Waste (HHW) - NYSDEC  and any questions on determining if waste falls into the HHW category could be directed to DEC at (518) 402-9543.

Oil-Contaminated Debris 

Oil-contaminated debris or material contaminated with other petroleum products should be segregated from other types of debris prior to disposal, and should be stored in a well-ventilated area. If stored outdoors, piles should be covered to keep precipitation from contaminating soil or water. Some oil-contaminated debris generated by households may be acceptable at a municipal waste combustor. Contact the specific facility to determine if your debris can be accepted. If not, oil-contaminated debris can be disposed of in a MSW landfill if accepted by the operator.

Sandbags Used in Shoreline Stabilization or Flood Protection Techniques 

Sandbags which have contacted floodwater and are contaminated with raw sewage, industrial chemicals, petroleum products, etc. must be disposed of at a MSW landfill. DEC would consider the use of sand from the sandbags as an alternative daily cover if requested by the landfill.

Sandbags which have not come into contact with contaminated floodwater can be stored for reuse or can be debagged; the uncontaminated sand can be used as fill or aggregate in upland areas, and the bags can be stored for reuse or disposed at an MSW landfill. Placement of uncontaminated sand in upland areas is acceptable, however placement of uncontaminated sand in or alongside waterbodies, streams, tributaries, wetlands, or environmentally sensitive areas is restricted.

Utility Pole/Treated Wood Reuse & Disposal - Utility poles, retaining walls and fencing made with treated wood, can all become damaged during storm events. All these materials have been treated with preservatives to increase their useful life, and must be managed properly during storm cleanup. Utility poles are often treated with creosote. Retaining walls may have been treated with creosote or other preservatives. Older wood fencing is typically treated with chromated copper arsenate, while more recently installed wood fencing is likely treated with one of a variety of other copper-based preservatives.

As of January 2008, New York State law prohibits creosote-treated lumber from being reused for other purposes such as landscaping or retaining walls. The only exception is railroads, or utility companies that maintain control or ownership of the materials. In that case the wood treated with creosote can be reused or stockpiled for reuse by those entities.

Wood treated with creosote from construction and demolition (C&D) activities can be disposed in a permitted MSW landfill that accepts C&D debris, or at a permitted C&D debris landfill, or burned in a permitted MSW or hazardous waste combustion facility that is authorized to accept such material.

Treated wood must not be chipped into mulch or burned in fireplaces, stoves, outdoor wood-fired boilers or open fires.

White Goods and Automobiles 

Equipment that has rusted or deteriorating surfaces, or if it includes flood-damaged wood/particle board or plastic laminate components should be discarded. Nonworking refrigerators, freezers, and air conditioners will need to have Freon or other refrigerant removed by a certified technician prior to recycling. Most large appliances, particularly if they contain at least some metal, can be recycled as scrap metal once the refrigerant is removed.

Vehicles with minor flood or fire damage may be repairable, but as with restoring other personal belongings, time is a factor. Water damage can become irreparable in a short period. Contact your insurance company to have the vehicle examined by a professional. Both fire and water can damage electrical and mechanical systems. Sewage, sand, and other debris can harm the engine. Do not attempt to start the car until it has been examined-have the vehicle towed. Mold growth in the interior is probable in flood damaged vehicles; carpet and padding must be removed and cleaned.

Most metal scrap yards or junk auto dealers will haul non-salvageable vehicles for recycling. Consult the telephone directory under "automobile wrecking and salvage" or "scrap metal."

To further assist you on general debris and waste management issues, staff in the Bureau of Solid Waste Management may be reached at (518) 402-8678.