N.Y. Comp. Codes R. & Regs. tit. 19 § 204.3

Current through Register Vol. 46, No. 53, December 31, 2024

Section 204.3 - Facility operations

(a)Plan of operations. Every natural organic reduction facility shall maintain a written plan describing the process it uses for natural organic reduction and shall follow that plan. The plan shall specify and describe:

(1) the procedures to ensure the accurate identification of remains, including assigning a unique natural organic reduction identification number to the remains, accurately and legibly labelling the outside of each container or vessel, and placing a non-compostable identification tag with the remains in each container or vessel, bearing the decedent's name and natural organic reduction identification number, throughout the natural organic reduction process;

(2) a process flow diagram of the entire process, including all major equipment and flow streams;

(3) the processing duration, including the time period from acceptance of remains to completion of the natural organic reduction process and delivery of the naturally organically reduced remains;

(4) vessel specifications and dimensions, including width, length, height, and materials;

(5) the bulking agents added to the vessel to be used in the process of natural organic reduction;

(6) the storage facilities used for bulking agents;

(7) the procedure for reducing (including composting, turning, and adding additional air, water, or other materials) and processing remains;

(8) the procedures for pathogen reduction and vector attraction reduction;

(9) the procedures for accurately measuring and recording the temperature and any other necessary data of the remains;

(10) procedures to be followed if the resulting reduced remains do not satisfy the pathogen or pollutant testing requirements in section 204.8 of this Part;

(11) the methods that will be used to prevent run-on from entering and run-off from leaving the site and preventing the movement of organic matter into the soil under the site;

(12) the method that will be used to determine product maturity, including proposed standards for maturity and the monitoring methods or other means that will be used to measure maturity;

(13) how the natural organic reduction facility will comply with article 15 of the N-PCL and this Part;

(14) the storage and receiving facility for recyclables (if applicable), residue, or other inorganic material removed from remains;

(15) a description of the air emission collection and control equipment, if used;

(16) a description of the method used to prevent surface water run-off and to prevent the escape of leachate;

(17) a spill plan that describes how an accidental release of remains or leachate will be minimized and addressed;

(18) an odor control and response plan that describes how odors will be controlled and monitored, and how any odor problems will be addressed;

(19) the method for removing naturally organically reduced remains from the natural organic reduction facility, including a description of how the reduced remains will be managed; and

(20) a sampling and analysis plan that describes how representative samples will be taken, how samples will be managed prior to acceptance at the laboratory, and the laboratories that will be used for analysis.

(b)No delays in processing. Every natural organic reduction facility shall use its best efforts to begin the process of natural organic reduction of remains within 24 hours of accepting delivery of such remains. Absent good cause, such as the need to confirm the identity of the deceased human being, natural organic reduction of remains will commence within 48 hours after delivery is accepted. The natural organic reduction facility must document within the natural organic reduction log an explanation for the delay if natural organic reduction commences 48 hours after delivery of the remains is accepted.

(c)Odors. Notwithstanding the foregoing, if any remains exhibit an objectionable odor either at delivery or at any time thereafter, natural organic reduction of such remains shall commence as soon as possible after they have been accepted by the natural organic reduction facility or as soon as possible after the objectionable odor is first detected.

(d)Remains to be rejected. Natural organic reduction facilities shall not accept for natural organic reduction remains:

(1) that have been embalmed;

(2) that contain a battery, battery pack, power cell, or radioactive implant;

(3) of a person whose cause of death, including the immediate cause or as a consequence of, as recorded on the decedent's death certificate, was active tuberculosis, Ebola, or a prion disease such as Creutzfeldt-Jakob Disease;

(4) of a person who is known or suspected to have been, at the time of their death, infected with any contagious disease which the New York State Department of Health has determined renders the remains unsuitable for natural organic reduction; or

(5) of a person who perished in or as a result of a radiologic incident or accident, unless a written release is provided by the New York State or local Department of Health or other state or federal agency in charge of the response to the radiological incident or accident.

(e)Removal of container. Remains must be placed within the vessel in a natural organic reduction container. Once the remains are in the vessel, the natural organic reduction facility operator may remove the container so long as the remains are covered with bulking agents or other organic material for natural organic reduction as the container is removed, to prevent exposing the remains.

(f)Weight. No natural organic reduction facility may impose a charge for the natural organic reduction of the remains of a deceased human being based on the combined weight of the remains and any outer wrapper, container or permitted incidental material. A natural organic reduction facility may refuse to accept remains that are too large, either by weight, volume, or height, for its vessels.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 204.3

Adopted New York State Register August 7, 2024/Volume XLVI, Issue 32, eff. 8/7/2024