N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-3.8 - Biosolids and other similar products generated outside New York State
A product derived from biosolids, septage, or municipal solid waste, which is generated outside New York State, and which is offered for sale, sold, or given away within New York State, is not a waste for purposes of section 360.12 of this Title if the following conditions are satisfied:
(a) Request for product distribution. Before
distribution of the product in New York State, the distributor must submit a
written request to the department and must obtain approval of the request from
the department. The request must contain, at a minimum, the following:
(1) a description of the processing facility
and all waste sources;
(2) a copy
of the permits or other approvals for the processing facility and the
appropriate excerpts from applicable rules and regulations from the applicable
authority where the product is generated;
(3) a minimum of three analyses of the
product for the parameters listed in Table 1 of section
361-3.9 of this Subpart;
(4) a description of the methods to reduce
pathogens and vector attraction, with appropriate monitoring data, as
determined by the department;
(5) a
description of how and where the product will be distributed and used in New
York State and the quantity of product that will be distributed or used in New
York State;
(6) a description of
any storage facilities for product that are located in New York State,
including location, quantity stored, storage facility construction and duration
of storage; and
(7) a copy of the
label or printed literature for the product.
(b) Pathogen and vector attraction reduction.
The waste must be treated by one of the pathogen and vector attraction
reduction options outlined in section
361-3.7 of this Part.
(c) Contaminant limits and product use.
(1) The product quality and product use must
comply with the criteria found in paragraphs 361-3.2(e)(20)-(26) and (30) of
this Subpart.
(2) The duration,
location, or quantity of stored product may be limited by the department to
address potential odor or runoff concerns.
(d) Monitoring, recordkeeping, and reporting.
(1) A minimum of one analysis of the product
is required for each 1,000 cubic yards of product distributed in New York
State. The parameters of the analysis are found in Table 1 of section
361-3.9 of this Subpart.
(2) An annual report must be submitted to the
department by March 1st of each year. The report must include:
(i) all information and analytical results,
including copies of the laboratory sheets, required by this section;
(ii) the quantity of product distributed in
New York State;
(iii) a
description of the product storage and product use; and
(iv) an outline of any problems encountered,
complaints received, actions taken to mitigate any problems, and the
outcomes.
Notes
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