The New York State Environmental Conservation Law requires that anyone engaged in the transportation of regulated waste generated or disposed of within New York State must possess one of the following depending on the waste type:
Specific requirements for persons transporting regulated waste are included in 6 NYCRR Part 364 (leaves DEC website) and 6 NYCRR Part 381 (leaves DEC website).
A complete list of regulated waste pertinent to Part 364 can be found in 6 NYCRR Part 364-1.2 (leaves DEC website).
For low-level radioactive waste (LLRW), highway transport through New York State requires a Part 381 permit, regardless of whether or not you stop to pick up or dispose of LLRW in the State.
In order for a permitted RMW transporter to obtain authorization from the Department to transport Viral Hemorrhagic Fever (VHF) contaminated waste, the transporter must provide evidence that they have USDOT Party Status to DOT-SP 16279 for packaging and transporting VHF waste and must complete and submit to NYSDEC, a Certification for Transport of Viral Hemorrhagic Fever Waste form (PDF). Additional information on transporting VHF waste can be found on the NYS Hemorrhagic Fever Virus Waste Disposal Fact Sheet.
1. Carry a copy of the waste transporter permit in each vehicle used to transport waste. Failure to produce a copy of the permit upon request is a violation of the permit.
2. Display the full name of the transporter on both sides of each vehicle and display the waste transporter permit number on both sides and rear of each vehicle containing waste. The displayed name and permit number must be in characters at least three inches high and of a color that contrasts sharply with the background.
3. Transport waste only in authorized vehicles. An authorized vehicle is one that is listed on the permit.
4. Submit to the Department a modification application for additions/deletions to the authorized fleet of vehicles. The permittee must wait for a modified permit before operating the vehicles identified in the modification application.
5. Submit to the Department a modification application to add a new waste category or a new destination facility, or to change the current waste or destination facility category. The permittee must wait for a modified permit before transporting new waste types or transporting to new destination facilities.
6. Submit to the Department a modification application for any change to the permit.
7. Comply with requirements for placarding and packaging as set forth in New York State Transportation Law as well as any applicable federal rules and regulations.
8. Contain all wastes in the vehicle so there is no leaking, blowing, or other discharge of waste.
9. Use vehicles to transport only materials not intended for human or animal consumption unless the vehicle is properly cleaned.
10. Comply with requirements for manifesting hazardous waste, regulated medical waste, or low‐level radioactive waste as set forth in the New York State Environmental Conservation Law and the implementing regulations. Transporters who provide a pre‐printed manifest to a generator/shipper/offeror of regulated waste shall ensure that all information is correct and clearly legible on all copies of the manifest.
11. Deliver waste only to transfer, storage, treatment and disposal facilities authorized to accept such waste. Permittee must demonstrate that facilities are so authorized if requested to do so.
12. Maintain liability insurance as required by New York State Environmental Conservation Law.
13. Maintain records of the amount of each waste type transported to each destination facility on a calendar year basis. The transporter is obligated to provide a report of this information to the Department by March 1 of each year.
14. Pay regulatory fees (PDF) on an annual basis. Non‐payment may be cause for revocation or suspension of permit.
15. This permit is not transferrable. A change of ownership will invalidate this permit.
16. This permit does not relieve the permittee from the obligation to obtain any other approvals or permits, or from complying with any other applicable federal, state, or local requirement.
17. Renewal applications must be submitted no less than 30 days prior to the expiration date of the permit to:
New York State Department of Environmental Conservation
Division of Materials Management
625 Broadway, 9th floor
Albany, NY 12233-7251
1. Carry a copy of the waste transporter registration in each vehicle used to transport waste. Failure to produce a copy of the registration upon request is a violation of the registration.
2. Display the full name of the transporter on both sides of each vehicle and display the waste transporter registration number on both sides and rear of each vehicle containing waste. The displayed name and registration number must be in characters at least three inches high and of a color that contrasts sharply with the background.
3. Deliver waste only to receiving facilities authorized to accept such waste. Registrant must demonstrate that facilities are so authorized if requested to do so.
4. Submit to the Department a modification application for any change to the registration.
5. Contain all wastes in the vehicle so there is no leaking, blowing, or other discharge of waste.
6. Comply with all requirements of Subpart 364‐5 pertaining to the use of waste tracking documents.
7. Maintain records of the amount of each waste type transported to each destination facility on a calendar year basis. The transporter is obligated to provide a report of this information to the Department by March 1 of each year.
8. This registration is not transferrable. A change of ownership will invalidate this registration.
9. This registration does not relieve the registrant from the obligation to obtain any other approvals or permits, or from complying with any other applicable federal, state, or local requirement.
10. Renewal applications must be submitted no less than 30 days prior to the expiration date of the registration to:
New York State Department of Environmental Conservation
Division of Materials Management
625 Broadway, 9th floor
Albany, NY 12233-7251
If you will be working in the New York City area, we recommend you contact the New York City Business Integrity Commission (BIC), at (212) 437-0555, or via their website (which can be found in the right hand column) as they may have additional requirements to operate in New York City.
If you will be working in the County of Westchester, we recommend you contact the Solid Waste Commission (SWC) at (914) 995-6820, as they have additional requirements to operate in Westchester County.
If you have additional questions regarding the DEC's Waste Transporter Permit Program, staff in our Waste Transporter Program will be happy to assist you. They can be reached by phone at (518) 402-8792, or by email, at [email protected] .
Insurance Requirements - All transporters are required to submit proof of Workers' Compensation Insurance. A summary of General Liability, Auto Liability, and Pollution Liability Insurance coverage is required to be submitted by Hazardous Waste, Low Level Radioactive Waste and Waste Oil transporters. Regulated Medical Waste transporters are required to provide a summary of General Liability and Auto Liability. Proof of Workers' Compensation Insurance must be submitted with all new and renewed waste transporter permits.
Acceptable forms/certificates for proof of Workers' Compensation are:
The certificate must list the following as certificate holder:
New York State Department of Environmental Conservation
Division of Materials Management
625 Broadway, 9th floor
Albany, NY 12233-7251
For questions concerning Workers' Compensation, please call New York State Workers' Compensation Board at (866) 298-7830, or contact the Board through www.wcb.ny.gov (leaves DEC website).
Disposal Facility Requirements - It is each transporter's responsibility to ensure that the disposal facility is able to take the waste by first checking with the facility, and then enter the facility's permit or registration number in the appropriate section on your permit application.
It is each waste transporter's responsibility to ensure that their permit is renewed prior to its expiration date. Renewal applications are mailed to the transporter in advance of their permit expiration date, and must be received at least one month in advance of the permit expiration date to ensure that it will be processed prior to the permit expiration date.