Proposed Part 360 Draft Regulations

January 03, 2023 / Industry News

In May 2022, the New York State Department of Environmental Conservation (NYSDEC) published newly proposed Part 360 draft regulations, which are expected to be formally issued in the coming months. A substantial development in these new regulations is the official adoption of stormwater management and groundwater monitoring provisions for facilities managing vegetative organic wastes (VOW) on Long Island. Facilities that qualify for these provisions include mulch and compost facilities that manage more than 10,000 cubic yards (CY) of tree debris at any given time or a facility that accepts 3,000 CY of yard trimmings in a given calendar year.

Managing materials in volumes that exceed these thresholds requires a registration from the NYSDEC to operate, which many operators in the past may been capable of acquiring without the advisement of an environmental consultant. With the adoption of these new provisions, this will no longer be the case for most operators. Registered compost and mulch facilities will require, at the least, an approved run-on/run-off plan to ensure that stormwater is effectively managed and prevents standing water, the design of a groundwater monitoring network consisting of at least one upgradient and two downgradient monitoring wells, and implementation of a quarterly groundwater sampling plan. NYSDEC requires that the results of these sampling events be submitted to evaluate the Facility’s impacts to local groundwater conditions.

If NYSDEC determines that a registered facility has caused impact to groundwater, the design and implementation of additional engineering controls is required. These controls include the design and construction of a graded impermeable pad for processing and storage operations, and retention basins for the settling and treatment of stormwater run-off.

PWGC offers a variety of services to address the needs of the landscaping materials community, including:

  • Groundwater monitoring network design and construction oversight
  • Low-flow groundwater sampling to ensure highest quality representative samples
  • Impermeable pad construction design and construction oversight, including confirmation of 1.0 x 10-5 permeability standard.
  • Stormwater treatment designs, including retention basins and treatment, bioswales, or other approvable methods of stormwater management.

With a slew of professionally licensed and experienced geologists and engineers on staff, PWGC is prepared to assist you with the unique needs of your facility. Call PWGC at (631) 589-6353, or contact us, for a consultation today.

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