Revisions to New York’s Part 360 Solid Waste Regulations - Update

Author: John Brusa, P.E.

This blog post is a follow up to my posting in October 2015 - “Leaner, Not Necessarily Meaner” - A Fresh Look at the Proposed Changes to New York’s Part 360 Solid Waste Regulations.  The NYS Department of Environmental Conservation (NYSDEC) held a stakeholders meeting on February 23, 2016 in Albany for various solid waste and recycling organizations to present and discuss the proposed changes prior to draft regulations being released.


The timeline presented by the NYSDEC includes the following milestones:

  • February 26, 2016 – Draft Regulations will be available on-line at

  • Public hearings will be held in June.  These include June 2nd on Long Island, June 6th in Albany, and June 7th in Rochester.

  • Public Information and Stakeholder Meetings (TBD)

  • July 8th, 2016 – Public comment period ends.

  • End of 2016 – Final Regulations to be released. 


Additional Proposed Changes

Many of the proposed changes or new regulations that I outlined in October (link above) are still at the forefront, with some notable additions highlighted below. 

  • Permit applications submitted by private entities must also demonstrate consistency with Local Solid Waste Management Plan for municipalities in the facility’s service area. 

  • Acceptance rate increases not designated as minor under Part 621 will be treated as new applications

  • If financial assurance mechanism is provided by a private operator of a municipally owned facility, the fully funded mechanism must be transferred to the municipality upon return to municipal operation or control. 

  • Registration provisions, instead of permits, for food scrap composting increase from 1000 to 5000 cubic yards per year. 

  • Repeals existing Subpart 373-4 for HHW collection and moves requirements into new Part 362.

  • Requires new landfills or subsequent development at existing landfills to utilize above ground leachate storage tanks. 

  • Acceptance of alternate daily cover (ADC) above 20% of annual tonnage must be counted toward tonnage disposed.

  • Financial Assurance for landfills will include the concept of custodial care for long-term management of landfill after the post closure period.  

  • New requirement for Planning Units to submit an annual planning unit report with a biennial update. The Biennial update will be used as a mechanism for modifying (and receiving NYSDEC approval of) Local Sold Waste Management Plans.

  • Removes requirements to test for volatile matter in combustor ash residue. 

  • Expands exemptions for three specific transfer facility types:

    • Vehicle to vehicle transfer

    • Small municipally owned transfer facilities

    • Small source separated organic waste transfer facilities

The Draft Regulations will be accompanied by a Generic Environmental Impact Statement.  The NYSDEC is encouraging comments which can be emailed to