New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 361 - Siting Of Industrial Hazardous Waste Facilities › Subpart 361-3 - Composting and Other Organics Recycling Facilities › Section 361-3.2 - Composting facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Exempt facilities.
In addition to the exemptions listed in section
						360.14  of this Title, the following
						facilities are exempt from this Subpart when operated in a manner that does not
						produce vectors, dust or odors that unreasonably impact neighbors of the
						facility, as determined by the department, and when no waste accepted remains
						on-site for more than 36 months. For geographically contiguous land owned or
						operated by the same person, if the land area exceeds 50 acres, one exempt
						facility can be located for every 50 acres, provided the exempt facilities are at
						least 1000 feet apart. For facilities located on a farm where the product will
						only be used on that farm as a soil amendment, multiple exempt facilities may be
						located on that farm, provided the exempt facilities are at least 500 feet apart.
						Multiple exempt facility types can be commingled on the same site and still
						considered to be an exempt facility, such as a mixture of yard trimmings and
						SSO.
(1) A composting facility located
					 at a site controlled by the waste generator, in accordance with paragraph
					 360.14(b)(1) of this Title.
(2) A
					 composting facility that accepts, measured on a monthly average, no more than
					 1,000 pounds or one cubic yard, whichever is greater, of SSO per week provided no
					 more than 2,000 pounds are accepted in any one week. Sufficient bulking agent
					 must be used to provide proper aeration and control leachate migration.
(3) A composting facility that accepts no more
					 than 3,000 cubic yards of yard trimmings per year. This quantity does not include
					 tree debris that is not intended for composting. For these facilities,
					 precipitation, surface water, and groundwater that has come in contact with yard
					 trimmings or the resultant product is not considered leachate; however, it must
					 be managed within the site and must not enter a surface waterbody or a conveyance
					 to a surface waterbody or cause a violation of water quality standards
					 promulgated in Part 750 of this Title.
(4) A composting facility located on a farm for
					 animal carcasses. If the composting facility is not covered by a CAFO permit, no
					 more than five tons of carcasses per year can be from off-site sources and the
					 animal carcasses must be placed within the compost pile on the day
					 received.
(5) A composting facility
					 on property controlled by a State agency or a municipal entity for animal
					 carcasses generated on properties under their control.
(6) A composting facility for animal manure and
					 bedding or crop residues.
(7) A
					 composting facility on a farm covered by a CAFO permit, provided the waste
					 accepted is limited to manure, food processing waste, and/or SSO. The waste
					 cannot contain sanitary content.