6 CRR-NY 361-4.3NY-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 361-4. MULCH PROCESSING FACILITIES
6 CRR-NY 361-4.3
6 CRR-NY 361-4.3
361-4.3 Registered facilities.
Facilities of the following types are subject to the registration provision of section 360.15 of this Title unless otherwise exempt. In addition to the criteria in Part 360 of this Title, each facility must comply with the operating requirements specified in this section.
(a) A facility with more than 10,000 cubic yards of material but less than 25,000 cubic yards of material, including storage of incoming material and processed material, provided the following design and operating criteria are followed.
(1) For wood debris, the facility has a program to preclude the acceptance of contaminated wood and to inspect and remove any contaminated wood that arrives at the site. If the facility accepts pallets, the facility has equipment to remove nails and operate the equipment whenever pallets are being processed.
(2) The facility does not accept C&D debris.
(3) Material does not remain on-site unprocessed for more than 12 months.
(4) All piles of material that contain unprocessed material or material that has gone through a primary rough grind (4 to 6 inch pieces) do not exceed 25 feet high and 30 feet wide at the base and piles are triangular in cross section, except in Nassau and Suffolk County pile sizes do not exceed 15 feet high and 30 feet wide at the base. In all cases, primary grind material is not stored for more than 180 days.
(5) All piles of double or finely ground mulch do not exceed 15 feet high and 30 feet wide at the base and piles are triangular in cross section. Double or finely ground mulch is not stored for more than 90 days.
(6) For all piles of double or finely ground mulch, the temperature in the piles is monitored at least once per week, twice per month for other piles. Multiple points in the piles are monitored with emphasis placed on areas that appear to be the hottest such as vents and areas of fungal growth. Probing is done cautiously to avoid introducing air into a hot spot and causing a flash fire. If the temperature is above 140° F or a portion of the pile shows an increasing trend in temperature, the affected material is immediately broken down and cooled.
(7) All piles of material, both unprocessed and processed, are separated by at least 10 feet.
(8) Piles of processed material must be restacked as necessary to avoid temperatures above 140° F, piles are restacked at least once in a 180 day period.
(9) Restacking of piles must occur when winds are blowing away from sensitive receptors.
(10) Piles of processed material are piled loosely and not compacted in any manner.
(11) If a fire occurs, the affected portion of the pile is dismantled and watered to douse the fire or managed in a manner recommended by a local fire department.
(12) Standing water on the storage area is minimized.
(13) For the purposes of Part 360 and this Part, precipitation, surface water, and groundwater that has come in contact with wood debris, tree debris, and yard trimmings, both incoming and processed, is not considered leachate, but must be managed in a manner acceptable to the department. The facility must have a written run-on and run-off plan, submitted with the registration request, 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 to minimize the movement of organic matter into the soil at the site.
(14) The following buffer areas from processing and storage are followed:
FeatureMinimum horizontal separation distance (in feet)
Property line25
Residence*200
Potable water well200
Surface water and State regulated wetland200
*Excludes owner’s or operator’s residence or a residence that existed prior to the effective date of this Subpart.
6 CRR-NY 361-4.3
Current through September 30, 2019
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.