Organics Recycling Facilities And Regulations

Regulatory Oversight

Organics recycling facilities (composting, land application & storage, anaerobic digestion, mulch processing, fermentation, animal feed and other organics recycling technologies) are regulated under 6NYCRR Part 361: Material Recovery Facilities in one of three ways: exempt, registered or permitted.

Organics recycling facilities are regulated under:

• 6NYCRR Part 360: Solid Waste Management Facilities General Requirements
• 6NYCRR Part 361-2: Land Application and Associated Storage Facilities
• 6NYCRR Part 361-3: Composting and Other Organics Recycling Facilities
• 6NYCRR Part 361-4: Mulch Processing Facilities

See the quick reference guide for organics recycling regulations and other solid waste management regulations related to managing food scraps (hauling, drop off spots, transfer facilities).

Other Solid Waste Regulations for Managing Food Scraps

Transporting or hauling food scraps is regulated under 6NYCRR Part 364: Waste Transporters. This includes residential and commercial hauling of food scraps.

• Quick Summary of Waste Transporter Regulations
• Obtain Waste Transporter Registration or Permit

Food scraps drop off spots or transfer facilities that accept food scraps are regulated under 6NYCRR 362-3: Transfer Facilities.

• Quick Summary of Transfer Facility Regulations

Exempt Facilities 

Exempt facilities pose limited potential for environmental and public health impacts, and therefore do not need to inform the Department of their solid waste activities.

Registered Facilities

Prior to operation, facilities must apply for a registration with the regional DEC office with the following forms:

• Solid Waste Management Facility Registration Form (PDF, 308 KB)
• Organics Recycling - Solid Waste Facility Registration Addendum (PDF, 133 KB)

Facilities who are no longer in operation and would like to relinquish their registration must submit the following form to their regional office.

• Inactive Solid Waste Management Facility or Activity Notification Form (PDF, 18 KB)

Permitted Facilities

Prior to operation, facilities must apply for a permit with their regional DEC office with the following form. Contact your Regional Materials Management Engineer to set up a pre-application meeting.

• Solid Waste Management Facility Permit Application (PDF, 267 KB)

Guidance Documents

• Anaerobic Digestion Regulatory Flowchart (PDF, 228KB)
• Mulch Processing Facilities (PDF, 2.2MB)
• Unrecognizable Food Processing Waste Use on Farm (PDF, 128KB)
• Guidance for Third-Party CAFO Manure Appliers (PDF, 263 KB)
• Septage Screening Prior to Land Application (PDF, 808 KB)

Annual Reporting

Owners/operators of an organics recycling facility must submit an annual report no later than March 1 of each year for the previous calendar year.

All completed annual reports from the previous year will be made available to the public on the FTP directory starting June 1st.

Maps of Regulated Organics Recycling Facilities

• NYS Open Data Composting - Solid Waste Management Facilities Map
• NYS Open Data Land Application - Solid Waste Management Facilities Map
• NYS P2I Organics Resource Locator
• Cornell Waste Management Institute NYS Compost Facilities Map

Stay Up To Date

Stay up to date with news, regulatory requirements and changes, and funding opportunities by signing up for DEC Delivers Solid Waste and Recycling listserv.