6 CRR-NY 361-3.8NY-CRR
6 CRR-NY 361-3.8
6 CRR-NY 361-3.8
361-3.8 Biosolids and other similar products generated outside New York State.
A product derived from biosolids, septage, or municipal solid waste, which is generated outside New York State, and which is offered for sale, sold, or given away within New York State, is not waste for purposes of section 360.12 of this Title if the following conditions are satisfied:
(a) Request for product distribution.
Before distribution of the product in New York State, the distributor of the organics-derived product must submit a written request to the department to distribute an organics-derived product and corresponding written confirmation must be obtained from the department prior to distribution. The request must be submitted to the department's central office and contain, at a minimum, the following:
(1) a description of the processing facility and all waste sources;
(2) a copy of the permits or other approvals for the processing facility and the appropriate excerpts from applicable rules and regulations from the applicable authority where the product is generated;
(3) a minimum of three analyses of the product for the parameters listed in Table 1 of section 361-3.9 of this Subpart;
(4) a description of the methods to reduce pathogens and vector attraction, with appropriate monitoring data, as determined by the department;
(5) a description of how and where the product will be distributed and used in New York State and the quantity of product that will be distributed or used in New York State;
(6) for products used in bulk on a farm, a description of any storage facilities for product that are located in New York State, including location, quantity stored, storage facility construction and duration of storage; and
(7) a copy of the label or printed literature for the product.
(b) Pathogen and vector attraction reduction.
The waste must be treated by one of the pathogen and vector attraction reduction options outlined in section 361-3.7 of this Subpart.
(c) Contaminant limits and product use.
The product quality and product use must comply with the criteria found in subdivision 361-3.2(e) of this Subpart.
(d) Monitoring, recordkeeping, and reporting.
(1) A minimum of one analysis of the product is required for each 1,000 cubic yards of product distributed in New York State. The parameters and associated requirements are found in Table 1 of section 361-3.9 of this Subpart.
(2) An annual report must be submitted to the department's central office by March 1st of each year. The report must include:
(i) all information and analytical results required by this section;
(ii) the quantity of product distributed in New York State;
(iii) a description of the product storage and product use; and
(iv) an outline of any problems encountered, complaints received, actions taken to mitigate any problems, and the outcomes.
6 CRR-NY 361-3.8
Current through March 15, 2022
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.