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Athenica Advocate
November 2018

Updated New York State Regulations for Reuse of Fill Material

The 2017 revisions to 6NYCRR Part 360 (solid waste regulations), have redefined fill material as Unrestricted Fill, General Fill, Restricted-Use Fill, and Limited-Use Fill. In most cases, the regulations apply to quantities of material greater than 10 cubic yards. Unrestricted Use Fill can only include soil, sand, gravel, and/or rock that is generated outside of New York City and shows no evidence of physical (e.g., construction debris) or chemical (e.g., staining, odors) contamination. This material can be reused anywhere not otherwise prohibited by law, and must be transported directly from the source site to the final destination.

The remaining three fill categories require characterization by a Qualified Environmental Professional (QEP), as defined in 6NYCRR Part 360.2(b), who must develop and implement a sampling and analysis plan to classify material prior to it leaving an excavation site or construction and demolition debris handling and recovery facility (such as rock crushers). Classification includes physical properties as well as chemical laboratory testing. General Fill can have no inert non-soil constituents and must meet Residential Use or Protection of Groundwater Soil Cleanup Objectives (SCOs, as listed in 6NYCRR Part 375-6.8), whichever is lower. General Fill can be reused anywhere except undeveloped or agricultural land.

Restricted-Use Fill can contain up to 40% inert non-soil constituents e.g., construction and demolition debris or ash, but not plastic, wallboard, wood, or paper)and must generally meet Residential Use or Protection of Groundwater SCOs, whichever is lower, with some possible relief for some semi-volatile organic compounds (SVOCs). Restricted-Use Fill can be reused on more heavily contaminated land or in transportation corridors, and must be placed above the shallowest groundwater level. Limited-Use Fill can be comprised of up to 100% inert non-soil constituents and must generally meet Residential Use or Protection of Groundwater SCOs, whichever is lower, for non-metal constituents (with some possible relief for some SVOCs), and Commercial SCOs for metals. Restricted-Use Fill must be reused outside of Nassau and Suffolk Counties, and can only be placed beneath foundations or pavement, and above the shallowest groundwater level.

The revised regulations also provide notification/permitting/registration requirements for transportation and disposal of fill, as well as record keeping requirements for generators, transporters, and disposal facilities. Note that since the revised regulations apply to material leaving construction and demolition debris handling and recovery facilities in New York State, it is likely that classification/characterization of incoming material by a QEP will be required by the facility before it is accepted for recycling.

Have questions? Our QEPs are ready to help you find the best and most cost-effective solution to finding a home for material excavated from your site. Contact Kenneth Wenz, Senior Project Manager in our HazMat division, for more information.

Athenica’s Holiday Giving This Year: Operation Gratitude

Every year, Athenica chooses one special organization and hosts a Holiday Drive in an effort to give back. This year, we have chosen to collaborate with “Operation Gratitude”. We are collecting a number of items that our soldiers request and sending care packages to those who bravely serve our nation. We will be collecting the supplies from now through Friday, December 7th, 2018. We always welcome new donations so if you are interested to make a donation please contact Jacqueline Espinosa at (718)784-7490.