N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-4.3

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

Section 361-4.3 - Registered facilities

(a) 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.

(1) A facility with more than 10,000 cubic yards but less than 25,000 cubic yards of material onsite, including storage of incoming material and processed material, provided the following design and operating criteria are followed.

(b) For registered facilities, the following design and operating criteria apply.

(1) For wood debris, the facility has a program to preclude the acceptance of contaminated wood for mulch production and to inspect and remove any contaminated wood that arrives at the site. If the facility accepts pallets, the facility must have equipment to remove nails or other metal fasteners and must operate the equipment whenever pallets are being processed.

(2) The facility does not accept C&D debris, unless managed on a separate part of the property, in accordance with department criteria.

(3) Material does not remain on-site unprocessed for more than 12 months.

(4) All piles of material do not exceed 25 feet high and 30 feet wide at the base, except in Nassau and Suffolk Counties. In Nassau and Suffolk Counties, the piles of material do not exceed 15 feet high and 30 feet wide at the base.

(5) The mulch product is not stored for more than 180 days.

(6) For all piles of double or finely ground mulch, the temperature in the piles must be monitored at least twice per week. For all other piles, the temperature in the piles must be monitored twice per month. 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 must be done cautiously to avoid introducing air into a hot spot and causing a flash fire. If the temperature is above 140 degrees Fahrenheit or a portion of the pile shows an increasing trend in temperature, the affected material must be immediately broken down and cooled.

(7) All piles of material, both unprocessed and processed, are separated by at least ten feet.

(8) Restacking of piles must occur when winds are blowing away from sensitive receptors.

(9) Piles of processed material must be restacked as necessary to avoid temperatures above 140 degrees Fahrenheit.

(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 must be 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:

Property line...............	25
Residence*...............	200
Potable water well...........	200
Surface water and State regulated wetland.........	200

*Excludes owner's or operator's residence or a facility that existed prior to November 4, 2017 . The facility is required to comply with this requirement at the time the facility applies for a registration or permit. The facility is not required to comply with this requirement with respect to construction of nearby residences after the registration or permit application is submitted to the department.

(15) Facilities located in Nassau and Suffolk counties must comply with section 361-4.6 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-4.3

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