New York State Proposes Sweeping Revisions to Solid Waste Regulations

By E. Christopher Murray, via JD Supra.

Governor Cuomo has proposed a comprehensive revision to the regulations governing the disposal of solid waste.  Under the proposed rule making the entire existing regulations for solid waste management facilities will be repealed, and a new regulatory structure will take its place.

Currently the regulations for all types of solid waste facilities are set forth in Part 360 of the New York Codes, Rules and Regulations.  Under the newly proposed regulations, different types of solid waste management facilities will be broken down and each given their individual regulatory part.  Types of facilities covered by the new regulations would be material recovery facilities; combustion, thermal treatment, transfer and collection facilities; transfer collection stations; landfills; waste transporters; and biohazard waste management facilities.

Areas that will come under more scrutiny if the regulations are adopted include mulching locations which will now have restrictions on pile size and strict controls of odor.  The new regulations will also impose stringent requirements on the owners of landfills, especially after those landfills have been closed.  Post-closure activities dictated by the new regulations include leachate collection treatment, landfill cover maintenance and repair, and regular monitoring of landfill gas, groundwater and surface water.