Facilities Planning

Waste Disposal

Local school administrators, who plan to have asbestos removed from their facilities or who plan to remove it with district employees, should be aware that the disposal of asbestos is regulated by the New York State Department of Environmental Conservation. Anyone designated to remove such hazardous waste from a facility is required to have a permit, according to Environmental Conservation Law, article 27, Title 3. Regulations developed by the Department of Environmental Conservation, Division of Solid and Hazardous Waste, are found in Section 6 NYCRR Part 364, "Waste Transporter Permits."

The requirements state that no person shall do the following except with a valid permit
pursuant to Section 364.2:

  • remove regulated waste
  • transport regulated waste
  • deliver regulated waste to a disposal site
  • land spread or impound any septage that is within the scope of 364.1(b)
  • land spread sewage sludge within the scope of section 364.1(b)

The requirements further state that administrators and owners at facilities where waste
originates must relinquish possession of regulated waste to a person who has a valid permit.

Finally, the requirements state that a transporter shall not be required to obtain a permit if he has contracted with a generator of a regulated waste who has been issued a valid permit.

Further requirements apply to the transporter:
  • The transporter must be designated on the generator's permit as a transporter under contract to transport regulated waste.
  • The transporter shall only transport regulated waste specified on the generator's permit while operating under the provisions of the permit.
  • The transporter shall relinquish possession of any generator's regulated waste only at locations designated by the generator's permit.

Contact the Department of Environmental Conservation at the following address for permit applications:

New York State Department of Environmental Conservation
Division of Solid and Hazardous Waste
50 Wolf Road
Albany, New York 12233-4017
(518) 457-3254

DEC Polluter Prevention Hotline: (800) 462-6553

Last Updated: June 9, 2009