Digging Into DEC’s Proposed Part 360 Regulations: Part II – Part 360 General Requirements

This is the second 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 changes to Part 360 itself, which will now detail the “General Requirements” applicable to all facilities, apart from any facility-or-waste-specific regulations. This is also the largest section of the proposed regulations, coming in at 113 pages. For the sake of brevity, this post will not delve into each of those definitions, and instead summarize the various subsections, while highlighting some of the more notable provisions.

Nearly the entire first half of the proposed Part 360 gives background information to frame the provisions that follow. This includes over 30 pages of definitions, providing explanations of 308 separate terms in detail.  It also includes provisions detailing what other documents and regulations are incorporation by reference, provisions outlining the transition process from the previous to proposed regulations, and a severability clause for Parts 360-366 and 369.

Among the remaining 70 pages of the proposed regulations, several sections stand out as particularly noteworthy:

-Section 360.7 provides the authority for the DEC to inspect covered entities. This provision is broadly worded, stating that “Department personnel may enter and inspect any facility and any property, premises, books, papers, documents, or records of the facility, at all reasonable times, locations, whether announced or unannounced, for the purpose of ascertaining compliance or noncompliance with an exemption, registration, permit, administrative or judicial order or decree, the ECL, and this Title.”  It also details the implications of refusing inspectors access.

-Sections 360.11 and 360.12 both relate to recycling. Section 360.11 details the contents of the Comprehensive Recycling Analyses, the annual submissions by municipalities outlining how they will develop and implement long-term recycling plans. Meanwhile, Section 360.12 covers the new beneficial use definitions. Material used in the manners described ceases to be defined as “solid waste.” Some examples of pre-determined uses include using waste tires as retaining walls or playground components or bread and grain products as animal feed (providing the packaging is removed). The full provision details significantly more uses, however, and further allows for case-by-case beneficial use determinations.  

-Section 360.15 provides for general requirements for what entities may register, while Section 360.16 provides for permit applications and related provisions.  This is supplemented by Section 360.10, which details how to apply for variances and the limitations on the types of variances that may be granted.

-Section 360.18 provides for DEC to issue “research, development and demonstration” (RD&D) registrations or permits for innovative or experimental processes or technology.

-Section 360.19 details operating requirements, including dust and odor control, noise levels, water protection, procedures to prevent the acceptance of unauthorized waste, and the proper way to cover and/or containerize waste for transport.

-Section 360.22 details the revised regulations for financial assurance, the guarantee that a facility operator has sufficient funds to cover the costs associated with closing a facility. The provision details methods including trust funds, letters of credit, surety bonds, insurance policies, etc., including sample forms in some cases. These provisions may be the basis of a separate post in the future, after several more section-by-section posts have been published.

Finally, other provisions in this section include the criteria for a facility to be exempt from regulation, special requirements for historic fill, annual reporting requirements, environmental monitoring, and the procedures for closing a facility that handles solid waste.

A PDF of the full proposed Part 360-General Requirements regulations can be found here: http://www.dec.ny.gov/docs/materials_minerals_pdf/pt360swmfgenreq.pdf

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