6 CRR-NY 361-2.2NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER B. SOLID WASTES
PART 361. MATERIAL RECOVERY FACILITIES
SUBPART 361-2. LAND APPLICATION AND ASSOCIATED STORAGE FACILITIES
6 CRR-NY 361-2.2
6 CRR-NY 361-2.2
361-2.2 Exempt facilities.
In addition to the exemptions found in section 360.14 of this Title, the following facilities or activities are exempt from this Subpart, provided that odor migration is minimized and vectors are controlled:
(a) A land application or storage facility for animal manure and associated bedding material. For purposes of this exemption bedding material includes hay, straw, sawdust, wood shavings, shredded newsprint, sand, and materials approved pursuant to a case specific beneficial use determination under section 360.12 of this Title.
(b) A land application facility or storage facility for food processing wastes that are visually recognizable. The waste must be applied at or below agronomic rates. The storage is limited to 20 cubic yards at any one time.
(c) A land application facility for fish-related material generated from a New York State-owned or licensed fish hatchery. The waste must be applied at or below agronomic rates.
(d) A land application facility or manure storage facility located on a concentrated animal feeding operation (CAFO) or a non-CAFO farm with a comprehensive nutrient management plan (CNMP) and National Resource Conservation Service (NRCS) code NY313 compliant storage structure, for food processing waste or other organic waste. This subdivision does not apply to any waste that contains human fecal matter (sewage sludge, septage, etc.) or industrial waste other than food processing waste. The amount of non-manure waste placed in the storage facility must not exceed 50 percent of the total volume of waste placed in the storage facility on an annual basis.
(e) A land application facility, including associated storage at the facility, for leaves and/or grass, provided:
(1) physical contaminants (such as plastic bags and branches) are removed before application of the waste, and these contaminants are properly recycled or disposed;
(2) grass:
(i) is not shredded at the site of application;
(ii) is not stored at any one site for more than 3 calendar days or in an amount exceeding 30 cubic yards;
(iii) is incorporated below the soil surface on the day it is land applied;
(iv) is applied at a rate not to exceed 20 tons per acre or a depth of 1 inch annually, whichever is less, and does not exceed 40 tons per acre during any 3-year period; and
(3) leaves:
(i) are applied at a maximum depth of four inches;
(ii) are incorporated below the soil surface within seven days after application to the soil; and
(iii) must not be stored for more than 30 calendar days; and
(4) measures are taken to minimize the blowing of grass and leaves.
(f) Land application of a mixture of manure and food processing waste or food scraps from a storage facility, as outlined in section 361-2.3(a) of this Subpart.
6 CRR-NY 361-2.2
Current through February 15, 2020
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