N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-3.4

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

Section 361-3.4 - Fermentation facilities for source-separated organics

(a) Exempt facilities.

The following facilities are exempt from this Subpart when operated in a manner that does not produce vectors, dust or odors that unreasonably impact neighbors of the facility, as determined by the department. The byproducts of fermentation must be used in a manner acceptable to the department.

(1) A fermentation facility located at a site controlled by the waste generator, in accordance with paragraph 360.14(b)(1) of this Title.

(2) A fermentation facility that accepts no more than 1,000 pounds or one cubic yard of SSO per week, whichever is greater, based on a monthly average.

(b) Registered facilities.

Facilities of the following types are subject to the registration provision of section 360.15 of this Title unless otherwise exempt. Each facility must comply with the criteria in section 360.19 of this Title and the operational criteria in subdivision (c) of this section.

(1) A fermentation facility that accept less than ten tons of SSO per day. The waste must not contain sanitary content. Incoming waste must be stored in a container or other enclosed device and odors must be controlled.

(c) Operating criteria for registered fermentation facilities.

A registered facility must be operated in compliance with section 360.19 of this Title and the following conditions:

(1) Material accepted cannot remain at the facility for more than 24 months.

(2) The byproducts of fermentation can be used as a soil amendment, for animal feed, or in another manner acceptable to the department. Use of the byproduct as animal feed also requires a beneficial use determination under Part 360 of this Title.

(3) The facility must be constructed to minimize any ponding, and run-off must be effectively controlled.

(4) The facility must be at least 200 feet from the nearest surface water body, potable water well and State-regulated wetland.

(5) The facility must be at least 200 feet from the nearest residence or place of business. This exclusion does not apply to the waste generating business or operator's residence, or any residence or place of business built after the facility began operation. The buffer area can be reduced by the department if means (such as enclosed vessels, etc.) acceptable to the department are used to reduce the potential for odor transmission.

(6) The facility must keep written records of all materials entering and leaving the facility and the corresponding dates.

(7) All waste received must be source-separated. Material received in its original packaging (for example, off-spec drinks) that will be depackaged prior to treatment is allowed.

(8) The facility must not produce odors that unreasonably impact sensitive receptors, as determined by the department. The department can require a reduction in the amount of waste accepted, or other actions, to address odor issues.

(d) Permit application requirements

A fermentation facility that does not qualify for an exemption or a registration under this Subpart must obtain a permit and must submit an application that includes the requirements identified in this subdivision and section 360.16 of this Title. The application must include the following:

(1) A detailed description of the source, quality, and quantity of all SSO to be processed. The description must include the annual input and any seasonal variations in the waste type and quantity, and the appropriate quality data, as determined by the department.

(2) An operation plan that includes:

(i) a description of how the facility will comply with the operating requirements in Part 360 of this Title and section 361-3.4(e) of this Subpart;

(ii) a description and the capacity of the storage structures and fermenter;

(iii) a description of all pre-processing and post-processing methods and equipment used to identify and remove all nonprocessible materials and a copy of all agreements or educational activities that will be used to outline acceptable materials for the facility;

(iv) a description of the separation, processing, storage, and ultimate disposal location for nonprocessible materials;

(v) a process flow diagram of the entire process, including all major equipment and flow streams. The flow streams must indicate the quantity of material on a wet weight, dry weight, and volumetric basis;

(vi) an outline of the processing duration, including the time period from acceptance of waste to completion of treatment and to distribution of the product and byproduct;

(vii) a description of the air emission collection and control equipment, if used; and

(viii) a description of the method used to control surface water run-off and to manage leachate, including the method for treatment or disposal of leachate generated. For uncovered facilities, calculations of the run-off and leachate that must be handled at the facility, based on a rainfall intensity of one-hour duration and a ten-year return period.

(3) For facilities that will use a low-permeability soil to minimize leachate release, a construction quality assurance/construction quality control plan as outlined in Part 363 of this Title.

(4) A description of the ultimate use for the byproduct, including the approximate quantity of byproduct each type of user (such as residents, landscapers, and animal feed markets) are expected to use, the frequency of distribution, the expected use of the product, and the source of this information (such as contract or phone survey).

(5) A description of the method for removing byproduct from the facility.

(6) A description of the proposed use or disposal of byproduct that cannot be used in the expected manner due to poor quality or change in market conditions.

(e) Design and operating requirements for permitted fermentation facilities.

A fermentation facility required to obtain a permit must, in addition to the requirements identified in Part 360 of this Title, design, construct, maintain, and operate the facility in compliance with the following criteria.

(1) Site criteria

(i) Stormwater must be diverted away from the operating area.

(ii) All leachate must be collected and disposed in a manner approved by the department. All leachate storage facilities must be completely emptied, cleaned, and inspected every 12 months.

(iii) The waste storage area, processing area, leachate storage and liquid byproduct storage area at the facility must be in tanks or on surfaces that minimize leachate release into the groundwater under the facility and the surrounding land surface, such as asphalt (except for leachate storage), concrete, or drying beds that have underdrains for leachate collection. All leachate or liquid digestate storage structures, other than tanks, must be designed in accordance with Subpart 361-2 of this Part or NRCS code NY313 standards. The following criteria also apply:

(a) If a surface impoundment is used for leachate or liquid byproduct storage, a minimum of two feet of freeboard must be maintained. In addition, the bottom of the liner system must be a minimum of five feet above both seasonal high groundwater elevation and the top of bedrock.

(b) Byproduct must be stored in a manner that will minimize run-off. All run-off generated must be contained on-site.

(iv) For uncovered processing facilities, the facility must be able to manage the quantity of leachate generated at the facility based on a rainfall intensity of one-hour duration and a 10-year return period.

(2) Waste acceptance and operations.

(i) All incoming waste must be stored in a tank or under cover.

(ii) The facility must be operated in a manner to control the generation and migration of odors to a level that is to be expected from a typical facility operated in compliance with the regulatory criteria of this Subpart, as determined by the department.

(iii) The minimum horizontal separation distance as measured from the facility to the nearest residence, place of business or public contact area (except turf farms and plant nurseries) is 200 feet. The following criteria also apply:

(a) the separation distance requirement from a public contact area can be reduced for totally enclosed facilities or other mitigating landscape features, if approved by the department;

(b) the separation distance requirement applies at the time the permit application is submitted to the department. The facility is not required to comply with the separation requirement with respect to construction of nearby residences, places of business or public contact areas after the permit application is submitted to the department; and

(c) the separation distance requirement for a residence does not apply to the residence of the facility landowner or operator. For a municipal permittee, land owned by any agency or department of the municipality is considered to be owned by the municipality.

(iv) The facility can only accept food scraps from a generator that has a collection program designed to collect organic waste separate from other recyclables and waste materials and to remove inorganic and nonprocessible materials from the food scraps generated. This does not prohibit the facility from accepting packaged products if depackaging will occur at the facility. The facility must also have provisions for inspection and removal of nonprocessible materials received.

(v) Storage of the byproduct at the facility must not exceed 24 months.

(3) Product quality and use.

(i) Nonprocessible waste and unacceptable product must be disposed at least weekly, unless less than five cubic yards are generated per week. For amounts less than five cubic yards per week, the material can be stored for up to one month, provided offensive odors are not present.

(ii) A byproduct that does not meet the criteria in this section is considered a waste and must be disposed.

(iii) The byproduct can be distributed for uses approved by the department.

(iv) The byproduct must not contain pollutant levels greater than those found in Table 6 of section 361-3.9 of this Subpart.

(v) The byproduct must not contain more than 0.5 percent total physical contaminants greater than 4 millimeters by weight (dry weight basis), with no more than 20% consisting of film plastic. Physical contaminants include human-made inert products including, but not limited to, glass metal, and plastic.

(v) The byproduct must be able to pass through a one-inch screen, except for wood particles derived from the use of wood chips as a bulking agent or amendment.

(vi) If distributed to the public, the byproduct must be mature and must be used in a legitimate manner as a soil amendment.

(vii) Use of the byproduct as a soil amendment or animal feed is acceptable.

(viii) Use of the primary product (alcohol, etc.) requires an approved beneficial use determination under section 360.12 of this Title.

(4) Monitoring requirements.

(i) The department can require annual analyses of the byproduct for maturity before distribution. This can include, but is not limited to, potential for reheating, organic matter reduction, plant growth impact, or oxygen consumption.

(5) Reporting requirements.

(i) The annual report required by paragraph 360.19(k)(3) of this Title, must include:

(a) all information and analyses, (including copies of the laboratory sheets), required by this Subpart;

(b) the type and quantity of the food scraps being processed, including the source of the material;

(c) process operational information including monitoring data and significant facility operational problems and any actions taken to correct any problems;

(d) the quantity, by weight and volume, of byproduct generated at the facility and the quantity of byproduct removed from the facility; and

(e) a description of the byproduct distribution and disposal methods.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-3.4

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