6 CRR-NY 361-3.2NY-CRR
6 CRR-NY 361-3.2
6 CRR-NY 361-3.2
361-3.2 Composting facilities.
(a) Exempt facilities.
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. No more than one exempt facility specified in this section can be located on geographically contiguous land owned or operated by the same person.
(1) A composting facility located at a site controlled by the waste generator, in accordance with section 360.14(c)(1) of this Title.
(2) A composting facility that accepts, measured on a monthly average, no more than 1,000 pounds or 1 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 farm is not located on a concentrated animal feeding operation (CAFO), no more than 10 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 located on a CAFO, provided the waste accepted is limited to manure, food processing waste, fats, oil, grease, and other organic wastes without sanitary content.
(b) Registered facilities.
Facilities of the following types are subject to the registration provisions of section 360.15 of this Title unless otherwise exempt. Each facility must comply with the criteria in section 360.19 of this Title and the operational criteria in this subdivision.
(1) A composting facility that accepts more than 3,000 cubic yards but not more than 10,000 cubic yards of yard trimmings per year, either processed or unprocessed. This quantity does not include tree debris that is not intended composting. The windrows must be turned a minimum of two times per year. For these facilities, precipitation, surface water, and groundwater that has come in contact with yard trimmings or the resultant compost is not considered leachate, but must be managed in a manner acceptable to the department.
(2) A composting facility that accepts no more than 5,000 cubic yards or 2,500 wet tons, whichever is less, of SSO per year, provided that no more than 800 cubic yards are accepted in any month. The facility must have, and use, at least twice as much bulking agent, by volume, as organic waste. The facility must effectively remove non-processibles that may be present within the SSO. The facility must effectively remove non-processible material that can be present with the SSO.
(3) A composting facility for road-killed animals or routine animal mortalities.
(4) A composting facility for digestate, if allowed under section 361-3.3 of this Subpart.
(c) Operating criteria for registered facilities.
A registered facility must be operated in compliance with section 360.19 of this Title and the following conditions.
(1) The maximum detention time, from material acceptance to compost distribution, is 24 months.
(2) Only tree debris can be used as a wood source for use as an amendment or bulking agent.
(3) Methods of composting that result in a mature product must be followed.
(4) The facility must have a written run-on and run-off plan that is acceptable to the department that outlines the methods that will be used to prevent run-on from entering and run-off from leaving the site and minimizing the movement of organic matter into the soil under the site.
(5) Storage facilities used for leachate collection must be designed in accordance with the Natural Resources Conservation Servies (NRCS) NY313 standards, as incorporated by reference in section 360.3 of this Title.
(6) The facility must be constructed to minimize any ponding, and run-off must be effectively controlled.
(7) The facility must be at least 200 feet from the nearest surface water body, potable water well and state-regulated wetland, unless provisions are implemented to prevent leachate from leaving the boundaries of the site, in a manner acceptable to the department.
(8) The facility must be at least 200 feet from the nearest residence or place of business. This requirement does not apply to the generating business or any residence or place of business built after the facility began operation. The buffer area can be reduced if means (such as enclosed vessels, etc.) acceptable to the department are used to reduce the potential for odor transmission.
(9) The facility must keep written records that demonstrate compliance with the registration criteria.
(10) All waste received must be source-separated. Material received in its original packaging (off-spec bakery items, etc.) that will be depackaged prior to composting are allowed.
(11) The facility must not produce odors that unreasonably impact sensitive receptors, as determined by the department. The department can require a reduction in the amount of waste accepted, or other actions, to address odor issues.
(12) Other than leaves or packaged products, all bulk organic waste must be processed on the day received. If the organics are received in closed containers (e.g., toters, etc.), the waste can be stored up to three days.
(d) Permit application requirements.
A composting facility that does not qualify for an exemption or a registration under this Subpart must obtain a permit and must submit an application that includes the requirements identified in this section and section 360.16 of this Title. The application must include the following:
(1) A detailed description of the source, quality, and quantity of all waste to be composted, including the source, quality, and expected quantity of any bulking agent or amendment. The description must include the annual input and any seasonal variations in the waste type and quantity, and the appropriate quality data, as determined by the department.
(2) A design and operation plan that includes:
(i) a description of how the facility will comply with the operating requirements in Part 360 of this Title and subdivision (e) of this section;
(ii) a description and the capacity of the storage facilities used for waste, bulking agent or amendment, and product;
(iii) a description of all preprocessing and post-processing methods and equipment used to identify and remove nonprocessible materials and a copy of all agreements or educational activities that will be used to outline acceptable materials for the facility;
(iv) a description of the storage and disposal location for recyclables (if applicable) and nonprocessable materials;
(v) a process flow diagram of the entire process, including all major equipment and flow streams. The flow streams must indicate the quantity of material on a wet weight, dry weight, and volumetric basis;
(vi) an outline of the processing duration, including the time period from acceptance of waste to completion of composting, through distribution of the product;
(vii) windrow dimensions including width, length, and height, if used;
(viii) a description of the air emission collection and control equipment, if used;
(ix) a description of the method used to control surface water run-off and to manage leachate, including the method for treatment or disposal of leachate generated. For uncovered facilities, calculations of the run-off and leachate that must be handled at the facility, based on a rainfall intensity of 1-hour duration and a 10-year return period; and
(x) for facilities that will use a low-permeability soil to minimize leachate release, a construction quality assurance/construction quality control plan as outlined in Part 363 of this Title.
(3) An odor control and response plan. The plan must describe how odors will be monitored and how any odor problems will be addressed.
(4) A compost maturity and distribution plan that includes:
(i) an outline of the method that will be used to determine product maturity, including proposed standards for maturity and the monitoring methods or other means that will be used to measure maturity;
(ii) a description of the ultimate use for the finished compost, including the approximate quantity of product each type of user (such as residents or landscapers) are expected to take, the frequency of distribution, the expected use of the product, and the source of this information (such as contract or phone survey);
(iii) the method for removing compost from the facility;
(iv) a description of the proposed use or disposal of product that cannot be used in the expected manner due to poor quality or change in market conditions; and
(v) a copy of the label or other information source for the product, if required.
(5) Analyses of the bulking agent or amendment for the parameters listed in Table 1 of section 361-3.9 of this Subpart, if deemed necessary by the department based on the type of material used.
(6) Yard trimmings composting. In addition to the requirements outlined in paragraphs (1)-(5) of this subdivision, an application for a permit for a composting facility for yard trimmings must include the following information:
(i) A description and identification of the surface soil characteristics for the proposed facility and depths to the seasonal high groundwater table and bedrock.
(ii) A description of the source and composition of the yard trimmings, including the anticipated quantity of each type of material (e.g., grass clippings, leaves) and how each will be handled at the facility.
(iii) A description of all activities at the facility including those portions of the facility that would otherwise qualify as an exempt facility or a registered facility under this Subpart.
(7) Source-separated organics composting. In addition to the requirements outlined in paragraphs (1)-(5) of this subdivision, an application for a permit for a composting facility for SSO must include the following information:
(i) For residential SSO, a description of the service area. For commercial and institutional SSO, the description must include a list of all types of generating facilities and the type and approximate quantity of wastes that will be collected from each type of generator.
(ii) A detailed description of the source-separation program at the point of generation, including how unacceptable wastes are separated from the SSO stream. For residential SSO, this must include a copy of all educational literature or other information provided to residents, and a description of the container(s) that will be used. For commercial and institutional SSO, this must include a copy of any agreements or information concerning what can be accepted from the generator and the collection containers that will be used.
(iii) A detailed description of the proposed processes to reduce pathogenic organism content and to reduce vector attraction (see section 361-3.7 of this Subpart) including:
(a) the methods that will be used for pathogen reduction and vector attraction reduction; and
(b) the monitoring and data gathering that will be used to demonstrate compliance including type, location, and frequency.
(8) Biosolids, septage, and other sludges. In addition to the requirements outlined in paragraphs (1)-(5) of this subdivision, the application must include the following information. Wastewater and partially treated biosolids that are generated at one wastewater treatment facility and treated at another wastewater treatment facility before composting are not considered separate waste sources subject to the criteria in this paragraph. The resultant biosolids or sludge generated for composting are subject to this paragraph.
(i) A description of each proposed source including the name of the generator, the annual quantity of waste produced, the amount to be composted, and any seasonal variations in the quantity or quality during the year. Also, a description of the Federal or State pretreatment program, if required; and
(ii) A description of the quality of the waste, including analytical results, as outlined below:
(a) the required parameters for analysis are in Table 1 of section 361-3.9 of this Subpart;
(b) the minimum number of analyses for each source that must be submitted with the application is dependent upon the amount of waste that will be composted annually, as outlined in Table 2 in section 361-3.9 of this Subpart;
(c) for each analysis, the sampling date, location, and protocol used to obtain representative samples must be indicated;
(d) a minimum of six months of waste production must be represented by the analytical results submitted. With the exception of pH and total solids, all results must be reported on a dry weight basis;
(e) analyses for other pollutants can be required by the department, based on the characteristics of the waste and information from the pretreatment program and other sources;
(f) each analysis must be performed by a laboratory certified by the Department of Health for that type of analysis, unless use of an alternate laboratory is authorized by the department. Copies of the original laboratory results must be included with the permit application;
(g) the analysis requirement can be satisfied in part or in whole by recent samples analyzed for and reported to the department;
(h) analyses performed more than one year before the date the permit application is submitted are not acceptable;
(i) all samples must be representative of the waste to be processed; and
(j) a table summarizing the analytical results must be provided, including the mean and range of results found.
(iii) A detailed description of the proposed processes to reduce pathogenic organism content and to reduce vector attraction including:
(a) the methods that will be used for pathogen reduction and vector attraction reduction; and
(b) the monitoring and data gathering that will be used to demonstrate compliance including type, location, and frequency.
(9) Municipal solid waste. In addition to the requirements outlined in paragraphs (1)-(5) of this subdivision, the application must include:
(i) a description of the recyclables separation and reuse program, the management of household hazardous waste (HHW), and the radioactive waste detection program, including:
(a) the methods used for removing recyclables, at the point of generation and at the facility;
(b) the method and length of storage for recyclables;
(c) the markets for recyclables;
(d) the method used to remove HHW from the waste stream, at the point of generation and at the facility;
(e) the ultimate management method for HHW collected;
(f) a radioactive waste detection plan that includes procedures for detecting prohibited radioactive material; operation and maintenance documents for radiation detectors including investigation alarm setpoint settings and calibration methods; and response procedures to be implemented when radioactive waste is detected.
(e) Design and operating requirements.
A composting facility required to obtain a permit must, in addition to the requirements identified in Part 360 of this Title, design, construct, maintain, and operate the facility in compliance with the following criteria:
(1) Unlined yard trimmings compost areas located on soils with a coefficient of permeability greater than six inches per hour may require installation of groundwater monitoring wells or other monitoring devices and groundwater monitoring, as determined by the department.
(2) For yard trimmings composting facilities without a low-permeability pad, composting must not occur in areas where the seasonal high groundwater table is less than 24 inches from the ground surface or where bedrock lies less than 24 inches below the ground surface.
(3) The bottom of any surface impoundment at a yard trimmings composting facility with a capacity of 10,000 gallons or more must be a minimum of 5 feet above both the seasonal high groundwater table and the top of bedrock. Impoundments with a capacity less than 10,000 gallons must be a minimum of 2 feet above both the seasonal high groundwater table and the top of bedrock.
(4) Stormwater must be diverted away from the composting area.
(5) Precipitation, surface water, and groundwater that has come in contact with yard trimmings or the resultant compost is not considered leachate, but must be managed in a manner acceptable to the department. Drainage must be controlled to prevent run-off from the facility and organic matter from entering surface water or groundwater. For uncovered facilities, the design of the facility must be adequate to handle the quantity of liquid generated at the facility based on a rainfall intensity of 1-hour duration and a 10-year return period.
(6) All leachate must be collected and disposed in a manner approved by the department. For uncovered composting facilities, the leachate collection and treatment system must be adequate to manage the quantity of leachate generated at the facility based on a rainfall intensity of 1-hour duration and a 10-year return period. All leachate storage facilities must be completely emptied, cleaned, and inspected every 12 months.
(7) For composting facilities other than those for yard trimmings alone, the waste storage area, composting area, leachate storage and product storage area at the facility must be located on surfaces that minimize leachate release into the groundwater under the facility and the surrounding land surface, such as asphalt (except for leachate storage), concrete, or drying beds that have underdrains for leachate collection. All leachate storage structures, other than tanks, must be designed in accordance with Subpart 361-2 of this Part or code NRCS NY313, as incorporated by reference in section 360.3 of this Title. The following criteria also apply:
(i) If low permeability soils are used, the liner must be a minimum of two feet of compacted soil having a maximum remolded coefficient of permeability of 1 x 10-7 centimeters per second. The soil material particles must be able to pass through a one-inch screen. The applicable criteria in Part 363 of this Title must be met.
(ii) If a geomembrane is used, the liner system must be designed and built in accordance with the applicable criteria in Part 363 of this Title.
(iii) If a surface impoundment is used for leachate storage, a minimum of two feet of freeboard must be maintained. In addition, the bottom of the liner system must be a minimum of five feet above both seasonal high groundwater elevation and the top of bedrock.
(iv) Compost storage beyond the 50-day detention time requirement is not required to occur on a low-permeability surface.
(8) All unloading, storage and composting areas, except those handling yard trimmings alone, at facilities that have an average capacity of 100 wet tons per day or greater must be enclosed. For SSO composting facilities, the incoming SSO must be under cover regardless of quantity accepted.
(9) If used, windrow construction, composition, and operational procedures must be sufficient to maintain aerobic conditions and to produce a compost product in the time-frame desired.
(10) The facility must be operated in a manner to control the generation and migration of odors to a level that is to be expected from a typical facility operated in compliance with the regulatory criteria of this Subpart, as determined by the department.
(11) The minimum horizontal separation distance as measured from the facility to the nearest residence, place of business or public contact area (except turf farms and plant nurseries) is 200 feet for yard trimmings or SSO, and 500 feet for other wastes. In addition:
(i) yard trimmings composting facilities without a pad and leachate collection system must maintain a minimum separation of 200 feet to a potable water well or surface water body and 25 feet to a drainage swale;
(ii) the separation distance requirement from a public contact area can be reduced for totally enclosed facilities or other mitigating landscape features, as determined by the department;
(iii) the separation distance requirement applies at the time the permit application is submitted to the department. The facility is not required to comply with the separation requirement with respect to construction of nearby residences, places of business or public contact areas subsequent to the permit application; and
(iv) the separation distance requirement for a residence does not apply to the residence of the facility landowner or operator. For a municipal permittee, land owned by any agency or department of the municipality is considered to be owned by the municipality.
(12) The operation of the facility must follow acceptable methods of composting that results in the decomposition of the organic material received. For yard trimmings composting, leaves in bags must be debagged or otherwise incorporated into the process within 60 days of receipt. Bags containing primarily grass clippings must be debagged and mixed with a bulking agent within 24 hours of receipt.
(13) The facility can only accept SSO from a generator that has a collection program designed to collect organic waste separate from other recyclables and waste materials and to remove inorganic and nonprocessible materials from the SSO generated. This does not prohibit the facility from accepting packaged products that will be processed prior to composting. The facility must also have provisions for inspection and removal of nonprocessible materials received.
(14) The facility is prohibited from accepting wastes that do not positively contribute to the composting process or the quality of the product, as determined by the department. Prohibited waste includes, but is not limited to, construction and demolition debris, and ash from the combustion of municipal solid waste.
(15) Compost ready for the designated market can not be stored at the facility for more than 24 months.
(16) Noncompostable waste and unacceptable product must be disposed at least weekly unless the material generated in a week is less than 15 cubic yards. Biweekly disposal is allowed if the weekly material generated is less than 15 cubic yards.
(17) For facilities accepting municipal solid waste:
(i) a recyclables separation program and a HHW collection program must be in place in the generating community(ies) and at the facility;
(ii) recyclables must be removed from the waste stream before active composting;
(iii) a fixed radiation detection unit must be installed and operated at a location appropriate for the monitoring of all incoming waste. In addition:
(a) the investigation alarm setpoint of the radiation detector must be set at least two times but no greater than five times background radiation levels;
(b) the concentration of radium-226 in any waste composted at the facility cannot exceed 25 pCi/g;
(c) background radiation readings at the facility must be measured and recorded at least daily;
(d) field checks of the radiation detector utilizing a known radiation source must be performed and recorded at least weekly;
(e) the radiation detector must be calibrated at least annually or more often as recommended by the manufacturer, and documentation describing the calibration must be maintained at the facility; and
(f) each instance in which the radiation detector is triggered by a waste load must be documented and reported to the department within 24 hours. Recorded information must include the date the waste was received, transporter name, origin of the waste, truck number or other identifying marking, detector reading, disposition of the waste, and date of disposition;
(iv) all waste storage and composting areas must be enclosed.
(18) Facilities that accept SSO, municipal solid waste, biosolids, septage, and other wastes with potential pathogen concern, as determined by the department, are required to comply with the pathogen and vector attraction reduction criteria outlined in section 361-3.7 of this Subpart.
(19) A compost product that does not meet the criteria in paragraphs (19)-(24) of this subdivision is considered a waste and must be disposed or reprocessed (if feasible).
(20) The compost can be distributed for use for food crops, feed crops, and fiber crops.
(21) The product must not contain pollutant levels greater than those found in Table 6 of section 361-3.9 of this Subpart. The addition of sawdust, soil, or other materials to the process or product for dilution purposes is not allowed.
(22) The product must not contain more than two percent total gross contaminants by weight (dry weight basis).
(23) The product must be able to pass through a one-inch screen, except for wood particles derived from the use of wood chips as a bulking agent or amendment.
(24) The compost product must be mature and must be used in a legitimate manner as a soil amendment, for erosion control, etc. The process must have a minimum detention time (including active composting and curing) of 50 days, unless an alternate means for achieving sufficient maturity is approved by the department.
(25) Except for products derived solely from yard trimmings, an information label must be affixed to the product packaging or, for bulk, an information sheet, sign, or brochure must be used containing:
(i) the name and address of the generator of the product;
(ii) the type of waste from which the product was derived; and
(iii) recommended safe uses, application rates and storage practices.
(26) For facilities that accept biosolids, septage, or other sludges, each waste source must not exceed the pollutant concentrations found in Table 6 of section 361-3.9 of this Subpart, unless the waste source is a minor (less than 10 percent of the total dry weight of sludges accepted) component of the input to the facility and a program is developed to identify and reduce the pollutant(s) that exceed the limits for that waste source. This requirement does not apply to products used outside New York State.
(i) If a waste input, other than a minor source, contains metals at concentrations greater than those set forth in Table 6 of section 361-3.9, the waste cannot be accepted at the facility until the generator has implemented a pollutant identification and abatement program and compliance with the requirements of this paragraph has been demonstrated for waste representing a period of at least six continuous months. At least six analyses for total solids and the parameter of concern must be provided to demonstrate compliance. This requirement does not apply to products used outside New York State.
(ii) Wastewater and partially treated biosolids that are generated at one wastewater treatment facility and are further treated at another wastewater treatment facility before composting are not considered separate waste sources subject to the criteria in this paragraph. The resultant biosolids or sludge generated for composting are subject to this paragraph.
(27) Any material added to the process must not contain pollutants in concentrations that exceed the levels found in Table 6 of section 361-3.9 of this Subpart.
(28) Analysis of the product, other than yard trimmings compost, is required for the parameters in Table 1 of section 361-3.9 of this Subpart. The frequency of sampling is specified in Tables 4 and 5 of section 360-3.9 of this Subpart. All samples must be representative of the product that will be distributed. With the exception of pH and total solids, all results must be reported on a dry weight basis. Copies of the original laboratory results must be included.
(i) Each sample must be a composite of at least five grab samples.
(ii) After the product has been monitored for two years at the frequency outlined in this paragraph, the department can reduce the annual number of analyses required if the product quality consistently meets the product quality standards in Table 6 of section 361-3.9 of this Subpart.
(29) Sufficient monitoring data must be obtained to demonstrate compliance with the pathogen and vector attraction reduction requirements, if applicable. The frequency and type of monitoring necessary, based on the methods employed to achieve pathogen and vector attraction reduction, will be determined by the department. At a minimum, temperature monitoring must occur on a daily basis in the coldest part of the waste mass.
(30) The department can require, on a case-specific basis, testing of the compost for maturity before distribution. This can include, but is not limited to, potential for reheating, organic matter reduction, plant growth impact, or oxygen consumption.
(31) Each biosolids, septage, and sludge source must be analyzed each year in accordance with the following:
(i) The required parameters for analysis are found in Table 1 of section 361-3.9 of this Subpart.
(ii) The minimum number of analyses required depends on the quantity of waste composted, as outlined in Table 3 of section 361-3.9 of this Subpart.
(iii) With the exception of pH and total solids, all results must be reported on a dry weight basis. After the waste has been monitored for two years at the frequency outlined in this paragraph, the department can reduce the annual number of analyses required if the waste quality consistently meets the quality standards.
(iv) Wastewater and partially treated biosolids or septage that are generated at one wastewater treatment facility and treated at another wastewater treatment facility before beneficial use are not considered separate waste sources subject to the criteria in this paragraph. The resultant biosolids or sludge generated are subject to this paragraph.
(32) For other wastes, annual analyses of the input waste can be required, as determined by the department, based on the characteristics of the waste. The extent and frequency of sampling will be determined by the department.
(33) The annual report must include:
(i) all information and analyses required by this Subpart;
(ii) the type and quantity of the waste, and other materials such as bulking agents, being composted, including the source of the material;
(iii) process operational information including monitoring data and significant facility operational problems and any actions taken to correct problems;
(iv) for facilities that accept biosolids, the following certification statement must be signed by an authorized representative of the facility, with an indication of the name and title of the individual signing:
“I certify, under penalty of law, that the information that will be used to determine compliance with the requirements in Subpart 361-3 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.”
(v) the quantity, by weight and volume, of product generated at the facility and the quantity of product and other waste, including unacceptable product, removed from the facility; and
(vi) a description of the end-product distribution and disposal methods.
6 CRR-NY 361-3.2
Current through March 15, 2020
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