N.Y. Comp. Codes R. & Regs. tit. 19 § 204.2

Current through Register Vol. 46, No. 53, December 31, 2024

Section 204.2 - Approval to operate a natural organic reduction facility

(a)Application. Only cemetery corporations are eligible to apply for approval to operate a natural organic reduction facility. A cemetery corporation seeking such approval must apply to the cemetery board and submit the following:

(1) a list of the directors, officers, employees, and certificate holders of the cemetery corporation;

(2) a certified survey of the site of the proposed natural organic reduction facility;

(3) the location within the county in which it will be situated, including street address and city or town or village;

(4) a business plan for the operation of the natural organic reduction facility to include:

(i) the number of expected natural organic reductions per year;

(ii) the number of natural organic reductions per year the facility is designed to complete;

(iii) the number of vessels;

(iv) the manufacturer of the vessels;

(v) capital costs;

(vi) financing;

(vii) anticipated insurance and costs;

(viii) anticipated natural organic reduction operator certificate course provider to be utilized and timeline for certification;

(ix) anticipated timeline to construct or retrofit facilities and begin operations;

(x) anticipated number of employees;

(xi) types of services provided;

(xii) anticipated pricing of services;

(xiii) for existing cemeteries, a report of past income, expenses, and fund balances; and

(xiv) such further information requested by the division or cemetery board.

(5) a description of the impact of the proposed natural organic reduction facility on other natural organic reduction facilities, if any, within the county or impact on the surrounding community;

(6) plans, designs, and costs of any structures to be erected or retrofitted for the natural organic reduction facility use;

(7) a description of any approvals or permits required by state or local law. No natural organic reduction facility shall be approved until such other approvals or permits have been obtained by the facility; and

(8) a draft plan of operations as set forth in section 204.3 of this Part.

(b)Further information. Within 35 days following receipt of the information required by subdivision (a) of this section, the cemetery board or the division may request from the cemetery corporation any additional information or documentation and technical assistance deemed necessary to review such information. Such information shall not be deemed complete until the requested additional information has been received. If no such request is made, the submission shall be deemed complete on the thirty-fifth day after its receipt by the division.

(c)Determination. The cemetery board shall approve or deny the proposed natural organic reduction facility within the timeframe set forth in section 1505-b of the N-PCL.

(d)Notification. The cemetery board shall provide written notice of its determination to the cemetery corporation. If a negative determination is made, such notice shall state the reasons therefor. Notice shall be made by registered or certified mail addressed to the cemetery corporation at its principal office unless the cemetery corporation has opted to receive electronic notification.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 204.2

Adopted New York State Register August 7, 2024/Volume XLVI, Issue 32, eff. 8/7/2024