N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-2.3

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

Section 361-2.3 - Registered facilities

(a) Applicable requirements

(1) Unless otherwise exempt, the facilities and appliers listed in subdivisions (b) and (c) of this section must obtain a registration under section 360.15 of this Title.

(2) Facilities registered under this section are not required to have a closure plan or to obtain financial assurance.

(3) Each facility must comply with the criteria in section 360.19 of this Title, including the annual report requirement outlined in section 360.19(k)(3) of this Title.

(4) Written permission from the owner of real property on which the facility is located, if not the applicant, must be provided with the registration application.

(b) The following facilities must be registered.

(1) A storage facility on a farm, provided the following conditions are satisfied:

(i) the facility contains more than 20 cubic yards of recognizable food processing waste;

(ii) if the facility is a surface impoundment for liquid waste, the facility must be designed and built in accordance with NRCS code NY313; and

(iii) the facility meets the buffer areas specified in section 361-2.7(a) of this Subpart.

(2) A manure storage facility that also accepts uncontaminated food scraps or food processing wastes, provided the following conditions are satisfied:

(i) no sanitary waste is included in any waste stream.

(ii) no more than 10 percent of the total volume of waste entering the facility on an annual basis can consist of non-manure unless liner construction verification is provided.

(iii) up to 40 percent of the total volume of waste entering the facility on an annual basis can consist of non-manure, if the storage facility was designed and built in accordance with NRCS code NY313 and documentation is provided to the department.

(3) A land application facility for unrecognizable food processing wastes or papermill residuals (including temporary field storage), provided the following conditions are satisfied:

(i) the operating requirements of section 361-2.5(b) of this Subpart are met, except section 361-2.5(b)(2) and (3) do not apply to papermill residuals. The buffer zones may be reduced for low volume applications or low odor waste, as determined by the department;

(ii) three representative analyses of the waste for fecal coliform, total Kjeldahl nitrogen, ammonia, nitrate, total phosphorus, total potassium, total solids, total volatile solids, and pH must be submitted with the registration application and one analysis must be submitted annually during operation, unless the amount applied is 10,000 gallons per year or less. Application of 10,000 gallons per year or less require one analysis with the registration application and one every two years thereafter. In addition, waste with lime value must also be analyzed for calcium carbonate equivalence and waste with salt content must also be analyzed for chlorides. Additional analyses may be required, as determined by the department;

(iii) the volume of waste land-applied does not cause ponding, except for temporary conditions within 12 hours of application;

(iv) the application rate of waste does not exceed the agronomic rate, a chloride loading of 170 pounds per acre per year, or results in an organic matter content above eight percent in the plow layer, whichever is more restrictive;

(v) the waste is beneficial to the crop grown and does not contain any human sanitary waste (e.g., domestic sewage, biosolids, septage) or it is demonstrated that pathogen content is below detectable levels in the waste;

(vi) for papermill residuals, the residuals are 20 percent solids or greater and must not contain secondary treatment (biological) residuals;

(vii) the facility submits an odor management plan to the department prior to land application and implements the plan when needed;

(viii) land application in the New York City water supply watershed or in Nassau or Suffolk county is addressed in a CNMP; and

(ix) the temporary field storage of papermill residuals and dry food processing waste prior to land application is allowed, provided the following criteria are met:

(a) the storage period is a maximum of 30 days or six months if under covered storage;

(b) unless stored under covered storage, the residuals are stored on the field where they will be applied, and the amount stored does not exceed the amount that will be land applied on the site;

(c) the storage area must not be located on areas with a slope greater than three percent;

(d) the residuals must have sufficient solids content that they will retain their shape if stacked three feet high and must be formed so that precipitation is shed from the pile;

(e) any run-off from the stockpile must be contained within the land application site; and

(f) after removal of the residuals, the storage area must be reseeded or returned to active cropland.

(4) A land application facility for septage from a transporter using no more than two vehicles at any one time for collection related to land application, or for the residuals from a composting toilet (liquid and solids) or source separated urine, provided the following conditions are satisfied:

(i) the operating requirements of section 361-2.5(b) of this Subpart are met, except section 361-2.5(b)(4) and (12) of this Subpart;

(ii) prior to land application, septage is screened to remove visible nondegradable debris such as plastics, etc., and the larger nondegradable debris is disposed in a landfill or by other means approved by the department;

(iii) at least 15 acres are available for each vehicle, except for composting toilet residuals;

(iv) vegetation is grown at the application site that is sufficient to use all the available nitrogen provided from waste application;

(v) the liquid septage application rate does not exceed 25,000 gallons per acre per year, or the rate determined by the following calculation, whichever is less. Application Rate (gallons/acre/year) = Crop nitrogen needs (pounds nitrogen/acre) x 385 The department can alter the allowed application rate if the septage is dewatered or is otherwise different than a typical septage;

(vi) the application rate for the composting toilet residuals does not exceed the agronomic rate;

(vii) for pathogen reduction, the pH of the waste is raised to 12 or higher by alkali addition and remains at 12 or higher for 30 minutes or analyses demonstrate an equivalent or greater level of pathogen reduction has been achieved. In addition, the following restrictions must be followed:

(a) public access must be restricted during land application and for at least one year after land application by the posting of signs, or the use of fences, gates or other department-approved means of preventing access;

(b) food crops with harvested parts that touch the soil and are totally above the land surface must not be grown for 14 months after land application. Food crops with harvested parts below the surface of the land must not be grown for 38 months after land application;

(c) feed crops, fiber crops, and food crops grown above the soil with harvested parts that do not touch the soil must not be grown for at least 30 days after land application;

(d) animals must not be grazed on the land for at least 30 days after land application; and

(e) turf grown on land where waste has been applied must not be grown for one year after land application when the harvested turf will be placed on either land with a high potential for public exposure or a lawn.

(5) A tank used for septage storage prior to land application, from a single transporter using no more than two vehicles for collection or for the residuals from a composting toilet (liquids and solids) or source separated urine, provided the following conditions are satisfied:

(i) the minimum horizontal separation distances from the perimeter of the tank(s) must meet the requirements found in section 361-2.5(b)(1) of this Subpart;

(ii) surface water must be directed away from the storage facility;

(iii) open tanks must be properly fenced and posted or otherwise constructed to prevent unauthorized access;

(iv) the tank(s) must be completely emptied, cleaned, and inspected at least once every 12 months or a leak detection process approved by the department must be used. The department must be notified at least one week before any internal tank inspection. Any damage or deterioration revealed must be repaired before the facility begins receiving waste again;

(v) the storage tank must be constructed of a material (e.g., concrete, steel, or fiberglass) that prevents leakage; and

(vi) a minimum of two feet of freeboard must be maintained at all times.

(c) Registration requirements for third-party CAFO land appliers. The following persons must be registered.

(1) A person, other than the owner or employee of a CAFO, who land applies manure or process wastewater from a CAFO onto land that is under the control of a CAFO, referred to hereinafter as the manure applier, provided the following conditions are satisfied:

(i) the land application must be done in accordance with the CAFO's field-specific current nutrient management plan;

(ii) the manure applier must submit the signed contractor certification statement required by the CAFO permit to the CAFO prior to the initial land application on the date of service;

(iii) quantity of manure applied and fields used must be provided to the involved CAFO(s) within 21 days after the last day of consecutive service, or within 24 hours upon the request of the department;

(iv) applicator equipment must be calibrated annually, in a manner acceptable to the department; and

(v) in addition to other information that may be required by the department, the annual report required by section 360.19(k)(3) of this Title must include:

(a) the names of the CAFO(s) where the manure and/or process wastewater was generated;

(b) the quantity of manure and process wastewater applied from each CAFO;

(c) the name of the CAFO(s) where land application occurred;

(d) the source and total amount of manure and process wastewater applied on each CAFO; and

(e) a description of how the applicator equipment was calibrated.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-2.3

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023