Organic Byproducts are a Waste?

If your business processes food scraps or other biodegradable matter for nutrient rich soil, gaseous energy, fermented byproducts, or animal feed, your source of revenue is considered a waste by New York State. With all of the value created from organic matter, it can be surprising that they are still regulated as Sold Waste. Organics Processing Facilities are affected by the new Part 360 regulations too.

New York State Solid Waste Regulations and Biodegradable Materials

Subpart 361-3 of the updated New York State (NYS) solid waste regulations, effective November 4, 2017, cover composting and other organics processing facilities (OPF). The New York State Department of Environmental Conservation (NYSDEC) defines an OPF facility as a “facility [that] treats the readily biodegradable organic components in waste to produce a mature product for use as a source of nutrients, organic matter, liming value, or other essential constituent for a soil or to help sustain plant growth.”  In order to operate an OPF in NYS, specific provisions must be adhered to in addition to the general solid waste permit application and registration procedures in NYCRR Part 360.

What’s in an Organics Processing Facility Permit Application? Well, that depends…

As with other solid waste permitting processes, an engineering report must be prepared by the owner in order to apply for an operating permit. Major items that must be included in the report are engineering calculations and all raw data, flow diagrams, and a description of all equipment to be used.

See the table below for a description of different types of OPF, and their respective requirements:

[ezcol_1third]Facility Type[/ezcol_1third] [ezcol_2third_end]Spectific Requirements[/ezcol_2third_end]


Composting facilities (Subpart 361-3.2)[/ezcol_1third] [ezcol_2third_end]

  • odor control and response plan
  • compost maturity and distribution plan
  • source and composition of yard trimmings, source-separated organics (SSO), and or/sludges (depending on what you are expecting to receive)
    [/ezcol_2third_end][ezcol_1third] Anaerobic digestion facilities (Subpart 361-3.3)[/ezcol_1third] [ezcol_2third_end]

    • digestate use plan
    • description of processes to reduce pathogen organism content and vector attraction


    Fermentation facilities for source-separated organics (Subpart 361-3.4)[/ezcol_1third] [ezcol_2third_end]

    • description of ultimate use for the byproduct
    • method of removing byproduct from facility
    • construction QA/QC plan (only if facility will use a low-permeability soil to minimize leachate release)


    Animal feed production facilities (Subpart 361-3.5)[/ezcol_1third]

  • facilities subject to registration requirements must have specific leachate, odor management, and a maximum holding time before processing of seven (7) days[/ezcol_2third_end][ezcol_1third]Other organics recycling facilities (Subpart 361-3.6)[/ezcol_1third] [ezcol_2third_end]
    • materials handling plan for nonprocessible materials
    • description of processes to reduce pathogen organism content and vector attraction


Solid Waste Experts

Walden has a team of engineering professionals with years upon years of solid waste management experience and vast knowledge of the newly implemented Part 360 regulations.  We would be glad to discuss options with you if you are interested in obtaining a permit to operate or need assistance complying in any manner with the above listed requirements and more. Find more information on our Part 360 webpage. Please call (516) 624-7200 for a free consultation today!