6 CRR-NY 361-2.3NY-CRR
6 CRR-NY 361-2.3
6 CRR-NY 361-2.3
361-2.3 Registered facilities.
Unless otherwise exempt, the following facilities are subject to the registration provision of section 360.15 of this Title and must register with the department. Facilities registered under this section are not required to have a closure plan or to obtain financial assurance.
(a) The storage of more than 20 cubic yards for recognizable food processing waste, provided the storage facility was designed and built in accordance with section 361-2.7(c), (d), (g) and (j) of this Subpart or National Resource Conservation Service (NRCS) code NY313. The facility must meet the buffer areas specified in section 361-2.7(a) of this Subpart.
(b) A manure storage facility that also accepts uncontaminated food scraps or food processing wastes. No more than 10 percent of the total volume of waste entering the facility on an annual basis can consist of non-manure unless liner construction verification is provided. Up to 40 percent of the total volume of waste entering the facility on an annual basis can consist of non-manure, if the storage facility was designed and built in accordance with section 361-2.7 of this Subpart or NRCS code NY313. The land application of this mixture is exempt from this Subpart.
(c) A land application facility for unrecognizable food processing wastes or papermill residuals, provided the facility complies with the following conditions:
(1) the operating requirements of section 361-2.5(a) and (b) of this Subpart are met;
(2) a minimum of three representative analyses of the waste for total kjeldahl nitrogen, ammonia, nitrate, total phosphorus, total potassium, total solids, pH, calcium carbonate equivalence, percent organic matter (only for papermill residuals), and chlorides is submitted annually using methods acceptable to the department. Additional analyses may be required, as determined by the department;
(3) the volume of waste land-applied does not cause ponding, except for temporary conditions within 12 hours of application;
(4) the application rate of waste does not exceed the agronomic rate, a chloride loading of 170 pounds per acre per year, or results in an organic matter content above 8 percent in the plow layer, whichever is more restrictive;
(5) the waste is beneficial to the crop grown and does not contain any human sanitary waste (e.g., domestic sewage, biosolids, septage) or it is demonstrated that pathogen content is below detectable levels in the waste;
(6) for papermill residuals, the residuals must be 20 percent solids or greater and the carbon to nitrogen ratio must be 25 to 1 or greater;
(7) the facility has an odor management plan in place prior to land application and implements the plan when needed; and
(8) land application in the New York City water supply watershed or in Nassau or Suffolk county must be addressed in a CNMP;
(9) the temporary field stacking of papermill residuals prior to land application is allowed, provided the following criteria are met:
(i) the storage period is a maximum of 30 days;
(ii) the residuals are stored on the field where they will be applied and the amount stored does not exceed the amount that will be land applied on the site;
(iii) the storage area complies with the site criteria outlined in section 360-2.5(b)(1), (2), (3), (6) and (10) of this Subpart;
(iv) the storage area must not be located on areas with a slope greater than three percent;
(v) the residuals must have sufficient solids content that they will retain their shape if stacked three feet high and must be formed so that precipitation is shed from the pile;
(vi) any run-off from the stockpile must be contained within the land application site; and
(vii) after removal of the residuals, the storage area must be reseeded.
(d) A land application facility for septage from a single hauler using not more than two vehicles at any one time for collection related to land application, or the residuals from a composting toilet, provided the land application facility complies with the following:
(1) the requirements of section 361-2.5(b) of this Subpart, except section 361-2.5(b)(4) and (6) of this Subpart;
(2) at least 15 acres are available for each vehicle, except for composting toilet residuals;
(3) vegetation is grown at the application site that is sufficient to use all the available nitrogen provided from septage application;
(4) the liquid septage application rate does not exceed 25,000 gallons per acre per year, or the rate determined by the following calculation, whichever is less. The application rate can be changed if the septage is altered (e.g., dewatered) before application:
Application Rate (gallons/acre/year) = Crop nitrogen needs (pounds nitrogen/acre) x 385
(5) the application rate for the compostng toilet residuals does not exceed the agronomic rate;
(6) for pathogen reduction, the pH of the septage is raised to 12 or higher by alkali addition and remains at 12 or higher for 30 minutes or analyses demonstrate an equivalent or greater level of pathogen reduction has been achieved. In addition, the following restrictions must be followed:
(i) public access must be restricted during land application and for at least one year after land application by the posting of signs, or the use of fences, gates or other means of preventing access;
(ii) food crops with harvested parts that touch the soil and are totally above the land surface must not be grown for 14 months after land application. Food crops with harvested parts below the surface of the land must not be grown for 38 months after land application;
(iii) food crops grown above the soil with harvested parts that do not touch the soil, feed crops or fiber crops must not be grown for at least 30 days after land application;
(iv) animals must not be grazed on the land for at least 30 days after land application; and
(v) turf grown on land where waste has been applied must not be grown for one year after land application when the harvested turf will be placed on either land with a high potential for public exposure or a lawn; and
(7) the following records must be kept for at least five years after septage or residuals application to a location, must be available to the department on request, and must be provided to the department in the annual report required by section 360.20(l)(3) of this Title:
(i) the location of the land application site(s), including the street address;
(ii) the date of each application, the amount applied, and the acres used;
(iii) pH or other data to show compliance with pathogen and vector attraction reduction criteria;
(iv) the crop grown; and
(v) the following certification statement, signed by the person responsible for land application:
"I certify, under penalty of law, that the information that will be used to determine compliance with Subpart 361-2 of 6 NYCRR Part 361 has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that false statements made herein are punishable pursuant to section 210.45 of the penal law."
(e) A storage facility for septage from a single transporter using no more than two vehicles for collection or the residuals from a composting toilet, provided the following conditions are satisfied:
(1) the minimum horizontal separation distances from the perimeter of the storage facility must meet the requirements found in section 361-2.5(b)(1) of this Subpart, except that the minimum horizontal separation distance to a residence, place of business, or public contact area is 1,500 feet for surface impoundments;
(2) surface water must be directed away from the storage facility;
(3) surface impoundment and open tanks must be properly fenced and posted or otherwise constructed to prevent unauthorized access;
(4) the facility must be completely emptied, cleaned, and inspected at least once every 12 months, and the department must be notified at least one week before the cleaning operation. Tanks must be tested for tightness biennially, with results provided to the department upon request. Any damage or deterioration revealed by the inspections must be repaired before the facility again receives waste;
(5) surface impoundments must be constructed above the 100-year flood elevation, and must have a liner system that consists of either a minimum of 2 feet of compacted soil being able to pass through a 1 inch screen and having a maximum remolded coefficient of permeability of 1 x 10-7 centimeters per second, or a synthetic material approved by the department, and the bottom of the liner system must be at least five feet above both the seasonal high groundwater table and bedrock;
(6) a minimum of two feet of freeboard must be maintained for a surface impoundment;
(7) a surface impoundment must have a depth no greater than six feet; and
(8) storage facilities other than surface impoundments must be constructed of a material (e.g., concrete, steel, or fiberglass) that prevents leakage. The storage facility must be designed to maintain a minimum of two feet of freeboard.
6 CRR-NY 361-2.3
Current through February 15, 2020
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