N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 350-2.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 350-2.6 - Temporary waiver

(a) General

(1) A designated food scraps generator may petition the department for a temporary waiver from some or all requirements of this Part, on forms acceptable to the department. The petition must include evidence of on one or more of the justifications identified in subdivision (b) of this section.

(2) Other than emergency waivers, a waiver petition must be submitted to the department by October 1 of the year prior to the calendar year for which the waiver is requested. If approved, the waiver will be valid from January 1 through December 31 of the following year. For emergency waivers, the petition may be submitted at any time and the waiver, if approved, will be valid for up to one year.

(b) Justifications. Acceptable justifications include the following.

(1) Justification 1. Even though the generator is listed as a designated food scraps generator by the department, the generator does not produce two tons (on a wet weight basis) or more of food scraps per week based on an annual average. Increased food donation cannot be used to reduce the calculation of food scraps produced by the generator for purposes of this justification.

(2) Justification 2. The total cost of solid waste management including organics recycling is at least 10 percent greater than the total cost of disposal without organics recycling.

(3) Justification 3. The organics recycler(s) or intermediary facility(ies) within 25 miles (measured in a straight line), as identified by the department in the list, does not have available capacity.

(4) Justification 4. A food scraps transporter is not available to the designated food scraps generator.

(5) Justification 5. Other circumstances unique to the designated food scraps generator.

(c) Information that must be submitted with the petition. The petition must include at least one justification along with the documentation (at a minimum) set forth in this subdivision.

(1) Justification 1. The following information must be submitted.

(i) If food scraps are not separated from other wastes at the point of generation:

('a') documentation from the transporter or other verified source that indicates the amount of total waste removed from the generator for the previous year;

('b') documentation that indicates the quantity of food donated for the previous year;

('c') an estimate of the proportion of food scraps (including food-soiled paper) in the waste stream to the nearest 10% (waste is 60% food scraps, as an example);

('d') calculations showing the annual average weekly food scraps generation;

('e') a description of any seasonal variation expected in the waste stream quantity and food scraps content, if applicable; and

('f) other relevant information to justify the amount of food scraps generated.

(ii) If food scraps are separated from other wastes at the point of generation:

('a') documentation, e.g., email, invoice from the transporter or other verified source that indicates the amount of food scraps removed from the generator for the previous year;

('b') a description of any seasonal variation expected in the food scraps quantity produced, if applicable;

('c') calculations showing the annual average weekly food scraps generation; and

('d') other relevant information to justify the amount of food scraps generated.

(2) Justification 2. The following information must be submitted.

(i) An analysis of the cost of disposal including documentation from the transporter or other verified source that indicates the total cost for disposal of all solid waste removed from the designated food scraps generator for the previous year.

(ii) An analysis of the cost of recycling of food scraps including documentation from all food scraps transporters available to the designated food scraps generator, indicating the average monthly cost, as measured over a calendar year, for recycling of food scraps and managing the remainder of the waste stream removed from the generator. The analysis must include:

('a') an evaluation of the amount of waste reduced and cost savings through increased food donation and

('b') an evaluation of the cost savings by reducing the frequency of waste collection and reduce the cost of waste disposal since food scraps are removed from the waste stream.

(iii) An analysis with supporting calculations showing the cost of recycling food scraps compared to the cost of disposing of the food scraps as solid waste for the designated food scraps generator.

(3) Justification 3. The following information must be submitted.

(i) documentation from any transporter and/or organics recycler or intermediary facility contacted by the designated food scraps generator indicating why the organics recycler or intermediary facility cannot accept the generator's food scraps at the present time and whether they will be able to do so during the coming calendar year when the waiver would be in effect.

(4) Justification 4. The following information must be submitted.

(i) documentation from the transporter currently used by the designated food scraps generator indicating that they do not provide food scraps transport; and

(ii) documentation (email, etc.) from each food scraps transporter available in the designated food scraps generator's area indicating that they cannot provide food scraps transport for the generator during the coming calendar year when the waiver would be in effect.

(5) Justification 5. The designated food scraps generator must submit a detailed explanation of the unique circumstances, and why it is seeking a waiver from compliance with this part.

(d) Emergency waivers

A designated food scraps generator may petition the department to obtain a waiver without submitting the information outlined in subdivisions (a) - (c) of this section for situations that require immediate relief, such as unexpected closure of an organics recycler or intermediary facility or an emergency response event. An emergency waiver request may be submitted at any time of the year.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 350-2.6

Adopted New York State Register August 11, 2021/Volume XLIII, Issue 32, eff. 1/1/2022