N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-2.2

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

Section 361-2.2 - Exempt facilities

In addition to the exemptions found in section 360.14 of this Title, the following facilities or activities are exempt from this Subpart, if odor migration is minimized, and vectors are controlled.

(a) A land application facility or storage facility, for animal manure and associated bedding material except at facilities that must register pursuant to section 361-2.3(b) and (c) of this Part. For purposes of this exemption, bedding material includes hay, straw, sawdust, wood shavings, shredded newsprint, sand, and materials approved pursuant to a case specific beneficial use determination under section 360.12 of this Title.

(b) A land application facility or storage facility for food processing wastes that are visually recognizable. The waste must be applied at or below agronomic rates. The storage is limited to a maximum of 20 cubic yards at any one time on any farm and for a maximum period of six months.

(c) A land application facility for fish-related material generated from a New York State-owned or licensed fish hatchery. The waste must be applied at or below agronomic rates.

(d) A land application facility or manure storage facility for food processing waste located on a farm covered by a CAFO permit provided:

(1) the facility is not located in the New York City watershed or on Long Island;

(2) the storage structure is built and operated in compliance with the National Resource Conservation Service (NRCS) code NY313;

(3) the waste does not contain human fecal matter (sewage sludge, septage, etc.) or industrial waste other than food processing waste; and

(4) the amount of food processing waste placed in the storage facility does not exceed 50 percent of the total volume of waste placed in the storage facility on an annual basis.

(e) A land application facility, including associated storage at the facility, for leaves, grass, or other similar vegetation, provided:

(1) physical contaminants (such as plastic bags and branches) are removed before land application and these contaminants are properly recycled or disposed;

(2) grass or other similar vegetation:

(i) is not shredded at the site of application;

(ii) is not stored on-site for more than three calendar days or in an amount exceeding 30 cubic yards;

(iii) is incorporated below the soil surface on the day it is land applied;

(iv) is applied at a rate not to exceed 20 tons per acre or a depth of one inch annually, whichever is less, and does not exceed 40 tons per acre during any three-year period; and

(3) leaves:

(i) are applied at a maximum depth of four inches per year;

(ii) are incorporated below the soil surface within seven calendar days after application to the soil;

(iii) must not be stored for more than 30 calendar days; and

(4) the blowing of grass, leaves, or vegetation is minimized.

(f) Land application of a mixture of manure and food processing waste or food scraps from a storage facility that qualifies for registration under section 361-2.3(b) of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-2.2

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