Regulations for Organic Recycling Facilities
These are brief summaries of the regulatory criteria for organics recycling facilities and 6NYCRR Part 361 should be read for the complete regulatory citation and criteria.
Anaerobic Digestion
Animal Feed
Composting
Fermentation
Land Application
Mulch Processing Facilities
Other Organics Recycling Facilities
Storage Facilities (Note: This is for the storage of waste destined for land application)
Transporting/Hauling Food Scraps
Transfer Facilities that Accept Food Scraps/Food Scraps Drop Off Spots
Summary of 6NYCRR Part 361-3.3: Anaerobic Digestion Regulations
| Anaerobic Digestion |
Level of Regulatory Oversight |
Regulatory Citation |
| On site for most waste streams (see regulations for exceptions) |
Exempt |
361-3.3(a)(1) |
| Animal manure and bedding |
Exempt |
361-3.3(a)(2) |
| ≤1,000 lbs or ≤1 cubic yard, whichever is greater, of SSO per week |
Exempt |
361-3.3(a)(3) |
| Located on a CAFO and operated by the farm (waste accepted is limited to manure, food processing waste, FOG, and other similar non-industrial source separated organics, without sanitary content) Non-manure limited to 50% annually, by volume. |
Exempt |
361-3.3(a)(4) |
| <50 tons of waste per day (no sanitary waste accepted) |
Registration |
361-3.3(b)(1) |
| Located on a CAFO farm (no sanitary waste accepted) |
Registration |
361-3.3(b)(1) |
| >50 tons of waste per day or otherwise doesn't qualify for exemption or registration |
Permit |
361-3.3(d) & (e) |
| Biosolids or other sanitary waste |
Permit |
361-3.3(d) & (e) |
Summary of 6NYCRR Part 361-3.5: Animal Feed Regulations
| Animal Feed |
Level of Regulatory Oversight |
Regulatory Citation |
| On site |
Exempt |
361-3.5(a)(1) |
| Accepts bread and other similar grain products (spent brewery grains, etc.) |
Exempt |
361-3.5(a)(2) |
| ≤1,000 lbs or ≤1 cubic yard of food scraps per week, whichever is greater |
Exempt |
361-3.5(a)(3) |
| >1,000 lbs or >1 cubic yard of food scraps per week, whichever is greater |
Registration |
361-3.5(b) |
Summary of 6NYCRR Part 361-3.2: Composting Regulations
| Composting |
Level of Regulatory Oversight |
Regulatory Citation |
| On site for most waste streams (see regulations for exceptions) |
Exempt |
361-3.2(a)(1) & 360.14(b)(1)(ii) & (iii) |
| Home Composting |
Exempt |
361-3.2(a)(1) |
| ≤1,000 lbs or ≤1 cubic yard, whichever is greater, of SSO per week |
Exempt |
361-3.2(a)(2) |
| ≤ 3,000 cubic yards of yard trimmings per year |
Exempt |
361-3.2(a)(3) |
| Animal carcasses on a farm (≤ 5 tons if non-CAFO) |
Exempt |
361-3.2(a)(4) |
| Animal mortalities generated on state or municipally owned properties |
Exempt |
361-3.2(a)(5) |
| Animal manure and bedding or crop residues |
Exempt |
361-3.2(a)(6) |
| Located on a CAFO (no sanitary waste) |
Exempt |
361-3.2(a)(7) |
| >3,000 - ≤10,000 cubic yards of yard trimmings per year |
Registration |
361-3.2(b)(1) |
| ≤5,000 cubic yards or ≤2,500 wet tons, whichever is less, of SSO per year |
Registration |
361-3.2(b)(2) |
| Animal mortalities |
Registration |
361-3.2(b)(3) |
| >10,000 cubic yards of yard trimmings per year |
Permit |
361-3.2(d) & (e) |
| >5,000 cubic yards or >2,500 wet tons, whichever is less, of SSOW per year |
Permit |
361-3.2(d) & (e) |
| Biosolids or other sanitary waste |
Permit |
361-3.2(d) & (e) |
Note: For geographically contiguous land owned or operated by the same person, if the land area exceeds 50 acres, one exempt facility can be located for every 50 acres, provided the exempt facilities are at least 1000 feet apart.
For facilities located on a farm where the product will only be used on that farm as a soil amendment, multiple exempt facilities may be located on that farm, provided the exempt facilities are at least 500 feet apart. Multiple exempt facility types can be commingled on the same site and still considered to be an exempt facility, such as a mixture of yard trimmings and SSO.
Summary of 6NYCRR Part 361-2: Land Application Regulations
| Land Application and Associated Storage Facilities |
Level of Regulatory Oversight |
Regulatory Citation |
| Animal manure and associated bedding material except third-party manure appliers |
Exempt |
361-2.2(a) |
| Recognizable food processing waste |
Exempt |
361-2.2(b)
|
| Fish-related material generated from a NYS owned or licensed fish hatchery |
Exempt |
361-2.2(c) |
| Food processing waste on a CAFO provided non-manure storage does not exceed 50% annually, by volume |
Exempt |
361-2.2(d) |
| Leaves and/or grass and similar vegetation |
Exempt |
361-2.2(e) |
| Un-recognizable food processing waste (NFPW) or papermill residuals |
Registration |
361-2.3(b)(3) |
| Septage from a single hauler using not more than two vehicles or composting toilet residuals |
Registration |
361-2.3(b)(4) |
| Third-Party CAFO manure appliers |
Registration |
361-2.3(c) |
| Biosolids or other sanitary waste |
Permit
|
361-2.4 & 361-2.5 |
| Industrial and other waste that is not exempt or registered |
Permit |
361-2.4 & 361-2.5 |
Summary of 6NYCRR Part 361-4: Mulch Processing Facilities Regulations
| Mulch Processing Facilities |
Level of Regulatory Oversight |
Regulatory Citation |
| On site |
Exempt |
360.14 |
| Tree debris disposal facility as specified in 363-2.1(g) |
Exempt |
361-4.2(a) |
| <10,000 cubic yards total (includes incoming material, processed material and storage) |
Exempt |
361-4.2(b) |
| Storm debris (yard trimmings and wood debris) management from a Governor designated disaster area |
Exempt |
361-4.2(c) |
| >10,000 - <25,000 cubic yards on site (includes incoming material, processed material and storage) |
Registration |
361-4.3(a) |
| >25,000 cubic yards on site (includes incoming material, processed material and storage) |
Permit |
361-4.4, 361-4.5 & 361-4.6 |
Summary of 6NYCRR Part 361-2: Storage Facility Regulations (Note: Storage Facility for waste destined for land application)
| Storage Facilities |
Level of Regulatory Oversight |
Regulatory Citation |
| Storage of recognizable food processing waste (<20 cubic yards) |
Exempt |
361-2.2(b) |
| Storage of food processing waste and manure on a CAFO (≤50% non-manure waste) |
Exempt |
361-2.2(d) |
| Storage of recognizable food processing waste (>20 cubic yards) |
Registration |
361-2.3(b)(1) |
| Storage of manure and food processing waste or food scraps (≤40% non-manure) |
Registration |
361-2.3(b)(2) |
| Tank storage of septage from a single transporter using no more than two vehicles |
Registration |
361-2.3(b)(5) |
| Storage of composting toilet residuals |
Registration |
361-2.3(b)(5) |
| Storage of waste not exempt or registered |
Permit |
361-2.6 & 361-2.7 |
Summary of 6NYCRR Part 364: Waste Transporter Regulations for Hauling Food Scraps/Source Separated Organics
| Waste Transporters/Haulers |
Level of Regulatory Oversight |
Regulatory Citation |
| Collection of residential and institutional food scraps/source separated organics |
Exempt |
364-2.1(b)(1) |
| ≤ 2,000 pounds in any single shipment of commercial food scraps/source separated organics |
Exempt |
364-2.1(b)(5) |
| >2,000 pounds in any single shipment of commercial food scraps/source separated organics |
Registration |
364-3.1(c), 364-3.2 & 364.3.3 |
Summary of 6NYCRR Part 362-3: Transfer Facility Regulations for Managing Food Scraps/Source Separated Organics
| Transfer Facility/Food Scraps Drop Off Spot |
Level of Regulatory Oversight |
Regulatory Citation |
| < 5 cubic yards of food scraps/source separated organic waste per day |
Exempt |
362-3.2(d) |
| < 50 tons of waste per day, owned or operated by municipality, or contracted by or on behalf of a municipality |
Registered |
362-3.3(a) |
