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

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 361-3.8
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

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