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Regulations for Organic Recycling Facilities

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The following discussion concerns NYS solid waste regulations. For a particular facility, other regulatory requirements may apply. In addition, the regulations should be reviewed to determine what design and operating requirements might be associated with a particular facility.

NYS solid waste regulations for organic recycling facilities are divided into two main categories, 1) land application, regulated under 6NYCRR Part 360-4 and 2) composting, anaerobic digestion and other organics processing facilities regulated under 6NYCRR Part 360-5. In addition to these facility-specific regulations, more general solid waste management requirements are described in 6NYCRR Part 360-1. This portion of the regulations addresses general requirements for permitting and activities that are exempt from solid waste regulations or require a registration rather than a permit.

The chart below summarizes the regulatory oversight for organic recycling activities and facilities. It is divided into two sections, 1) land application, and 2) composting, anaerobic digestion and other organics processing facilities.

Regulatory Oversight for Organic Recycling Facilities in New York State
Land Application Facilities Level of Regulatory Oversight Regulatory Citation
Animal manure and associated bedding material Exempt 360-4.2(a)(1)
Recognizable food processing waste Exempt 360-4.2(a)(2)
Leaves and/or grass Exempt 360-4.2(a)(3)
Undigested food and fecal material from a NYS owned or licensed fish hatchery Exempt 360-4.2(a)(4)
Food processing waste on a CAFO and storage up to 50% Exempt 360-4.2(a)(5)
Non-recognizable food processing waste (NFPW) Registration 360-4.2(b)(1)
Storage of NFPW up to 40% Registration 360-4.2(b)(1)
Septage using one or two vehicles Registration 360-4.2(b)(2)
Septage storage or transfer Registration 360-4.2(b)(3)
Sewage sludge (biosolids) Permit
360-4.3, 360-4.4, 360-4.6, 360-4.7
Industrial waste Permit 360-4.3, 360-4.5, 360-4.6, 360-4.8
Storage of biosolids Permit 360-4.9, 360-4.10
Composting, AD, and Other Organic Processing Facilities
Process Materials Processed Level of Regulatory Oversight Regulatory Citation
On-Site On-site (except sludges) Exempt 360-1.7(b)(4)
Animal Feed Food scraps, food processing waste Exempt, if BUD acquired 360-1.15
Composting: Home Composting Exempt 360-1.7(b)(4)
Crop residues, animal manure Exempt 360-5.3(a)(1)
≤ 3,000 cubic yards of yard waste Exempt 360-5.3(a)(2)
Animal mortalities ≤ 10 per year except on CAFO Exempt 360-5.3(a)(4)
Anaerobic Digestion (AD): Animal manure, crop residue Exempt 360-5.3(a)(5)
Located on a CAFO, <50% non manure, no sanitary waste Exempt 360-5.3(a)(5)
Composting: Yard waste: 3,000-10,000 cubic yards/year Registration 360-5.3(b)(1)(i)
Food scraps: < 1,000 cubic yards/year
Registration 360-5.3(b)(1)(ii)
Food processing waste Registration 360-5.3(b)(1)(iii)
Animal mortalities and parts Registration 360-5.3(b)(1)(iv)
Solids from a registered AD
Registration 360-5.3(b)(1)(v)
Anaerobic Digestion (AD): <50 tons per day, no sanitary waste Registration 360-5.3(b)(3)
Permit required for all facilities not exempt to registered - >10,000 cubic yards of yard waste, any facility for biosolids, etc. Permit 360-5.4 to 360-5.7

For those specifically interested in the solid waste regulations applicable to anaerobic digestion, the following chart is a summary of the regulations for AD. Please note that this summary is for the AD itself, management of the digestate is subject to the criteria specified in 360-5. Click on the following link to view an anaerobic digester flow chart in PDF format (30 KB).

Organic waste derived products generated outside New York State that contain sludge must be approved by DEC. The approval procedure is outlined in 360-5.8. Approval is not required for products generated from yard trimmings, food scraps, animal manure, or food processing waste.


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