This is the eighth post in our series looking at the New York State Department of Environmental Conservation’s proposed revision and reorganization of Part 360. Today’s post will look at the proposed Part 364, which governs Waste Transporters.

Part 364 is about getting waste safely from the point of generation to the site of final treatment or disposal, while preventing the intentional or accidental discharge of waste into the environment. This includes transport of nearly every material discussed in the previous posts, from raw sewage and sludge to industrial waste and construction and demolition debris. However, Part 364 does not apply to rail, water, or air transport. It also excludes more specific uses, like the transport of waste by farm vehicles for use on a farm. There is also a threshold weight for certain types of waste to be covered, while other types of waste are always exempt due to alternative, material-specific transporting regimes (ex: lead acid, batteries or explosives). In addition, waste transport by public utilities or “railroad service vehicle owned or operated by that utility or service” is also exempt. Finally, waste transportation wholly on-site by the person responsible for generating the waste is exempt.

Transporters subject to Part 364 fall under one of two regulatory schemes: registration or permitting. Registration, which is less burdensome than permitting, applies to specific types of transporters: those moving commercial solid waste in quantities over 2000 pounds, biohazard generators that generate and transport less than 50 pounds of waste per month, etc. Registered transporters do not need to mark their vehicles for waste they are authorized to carry, nor pay any environmental regulatory fees.  However, “all waste must be properly contained during transport to prevent leaking, blowing, or any other type of discharge to the environment” and must be “delivered to a receiving facility authorized to accept the waste.” Registered transporters must also fill out waste tracking documents for certain types of waste (ex: historic fill, biohazard). Finally, registered transporters must keep records of all waste transport for 3 years, including where the waste was picked up, the name and location of the facility where it was dropped off, the quantity (by weight or volume) and type of waste being transported, and tracking documents.

The requirements for permitted waste transporters will be covered in the next post. A PDF of the full proposed Part 364- Waste Transporters regulations can be found here: http://www.dec.ny.gov/docs/materials_minerals_pdf/pt363.pdf