N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-3.5

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

Section 361-3.5 - Animal feed production facilities

(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. All incoming food scraps must be stored in an enclosed area. Use of the product requires a beneficial use determination, in accordance with section 360.12 of this Title.

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

(2) An animal feed production facility that only accepts bread, other similar grain products (spent brewery grains, etc.) as outlined in section 360.12 of this Title.

(3) An animal feed production facility that accepts no more than 1,000 pounds or one cubic yard of food scraps per week based on a monthly average, whichever is greater.

(b) Registered facilities. Facilities of the following types are subject to the registration provisions of section 360.15 of this Title unless otherwise exempt. Each facility must comply with the criteria in section 360.19 of this Title.

(1) Animal feed production facilities, provided the following criteria are satisfied:

(i) all incoming food scraps are stored in an enclosed area;

(ii) all incoming food scraps are processed within seven calendar days of acceptance;

(iii) leachate is managed in a manner acceptable to the department; and

(iv) odors are controlled.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-3.5

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