N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 363-2.1

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

Section 363-2.1 - Exempt facilities

The following activities or facilities are exempt from this Part:

(a) The storage, processing, and disposal of solid waste generated by an owner-occupied single-family residence provided all activities occur on the property where the waste was generated, with the exception of the following wastes:

(1) manufactured homes being disposed of that are not the owner's primary residence;

(2) friable asbestos-containing waste;

(3) waste tires;

(4) septage;

(5) raw sewage;

(6) syringes;

(7) pesticides and pesticide containers;

(8) electronic waste;

(9) mercury-added consumer products, including mercury thermostats;

(10) household hazardous wastes (HHW);

(11) rechargeable or lead-acid batteries;

(12) used oil; and

(13) antifreeze.

(b) The storage, processing, and disposal of solid waste generated from farm-related activities provided all storage, processing and disposal occurs on a farm, though not necessarily the generating farm, excluding construction and demolition (C&D) debris and wastes identified in subdivision (a) of this section. For animal mortalities:

(1) the animal carcass must be buried within 72 hours of death, unless a longer period is approved by the department;

(2) the burial pit must not be located in a special flood hazard area, and must be 200 feet from the property line, a residence (excluding the facility's residence), a potable water well, a surface water body, and a state or federally-regulated wetland;

(3) the base of the burial pit must be at least two feet above seasonal high groundwater, four feet above bedrock or other confining layer, and the underlying soil must not exceed a permeability of one inch per hour;

(4) a maximum of three large animal carcasses (bovine, equine, etc.) are allowed in one pit. For small animals, a maximum depth of three foot of small animal carcasses in a 10-foot by 10-foot area burial pit is allowed;

(5) a minimum of 10 feet of undisturbed soil is required between burial pits and no more than 50 large animal carcasses (or equivalent) are allowed per acre;

(6) for mass mortalities caused by barn fires or other similar incidents, trenches may be allowed in lieu of the pits described in paragraphs 363-2.1(b)(4) and (5) of this Part, as determined by the department;

(7) a minimum of one-foot depth of absorbent natural material (sawdust, straw, bedding (other than sand), etc.) must be placed under the carcass and extend at least six inches around the carcass, unless the soils present are sufficiently impermeable, as determined by the department;

(8) at least three feet of soil must be placed above the carcass. A finished grade that is slightly above natural ground elevation, to accommodate settling and reduce ponding from precipitation, is required. The surface must also be vegetated to minimize run-off;

(9) run-off must be directed away from the pit(s);

(10) a pit cannot be reused unless the prior mortality has undergone complete tissue degradation; and

(11) the animals do not emanate from research or are otherwise subject to regulation under Part 365 of this Title.

(c) An individual grave, excluding one regulated under subdivision 363-2.1(b) of this Part, for the burial of one animal carcass. Animal cremains may be buried or spread on the soil surface provided the ash amount does not represent more carcasses in a given area than would be allowed if the animals were buried in individual graves.

(d) The disposal in the right-of-way of a State or municipal highway of up to ten road-killed animals provided the right-of-way is at least 200 feet from drinking water wells and 50 feet from any residence, surface water, or any other disposal area for road- killed animals. The animal carcasses must be placed at least two feet above groundwater and must be covered with at least three feet of soil.

(e) The disposal of drill cuttings generated by air- or water-based drilling methods, overburden, tailings, and other similar mining and drilling waste when generation and disposal occur at the same mine or well location subject to regulation under Parts 420-425 and 550-559 of this Title.

(f) The burial of no more than ten cubic yards of religious items limited to paper, parchment, leather, and fabric in accordance with applicable religious practices and covered by at least two feet of soil from the same excavation.

(g) A tree debris disposal facility, except those located in Nassau or Suffolk counties, used for the disposal of tree debris provided the facility complies with the following conditions:

(1) no fee or other form of consideration is obtained for using the facility or for acceptance or placement of tree debris;

(2) the tree debris is only accepted during daylight hours between sunrise and sunset;

(3) no more than one acre of the facility is utilized for tree debris disposal during the lifetime of the facility; and

(4) tree debris is placed above the seasonal high groundwater table and no waste is placed in a surface water body.

(h) The disposal of waste, except in areas located in Nassau or Suffolk counties, where waste generated by state or municipal highway projects and managed on highway rights-of-way or municipally owned properties is accepted, consisting only of recognizable, uncontaminated concrete or concrete products (including those that have embedded reinforcing material), asphalt pavement, asphalt millings, brick, rock, or excavated material that complies with the physical criteria in Table 2 of section 360.13 of this Title for Fill Type 1, Fill Type 2, or Fill Type 3 from construction and demolition activities, and which complies with the following conditions:

(1) the waste does not include residues from C&D debris handling and recovery facilities;

(2) waste is placed above the seasonal high groundwater table; and

(3) no waste is placed in a surface water body.

(i) disposal within a state, municipal, or utility right-of-way of tree debris generated by the clearing of the right-of-way.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 363-2.1

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