(a) Except as provided in subdivision (c) of this section, on or after January 1, 2022, any designated food scraps generator that is within 25 miles (measured in a straight line) of an organics recycler(s) or an intermediary facility used prior to recycling such as a regional depackaging facility or a transfer facility, to the extent that the facility has capacity to accept all of the generator's food scraps based on the department's yearly estimate of an organic recycler’s or intermediary facility’s capacity in accordance with this part, must do the following:

1. (1) Separate its food scraps from other non-organic solid waste. The materials separated will depend on the capabilities of the organics recycler or intermediary facility used by the designated food scraps generator. For example, post-consumer food scraps do not have to be collected by the designated food scraps generator unless the organics recycling facility is capable of removing contaminants (plastics, etc.) that are likely to be present with the food scraps. The designated food scraps generator can determine the most efficient and appropriate separation methods for their operation.
2. (2) Ensure proper storage of food scraps on-site to prevent scraps from becoming odorous or attracting vectors. Proper storage includes, for example, a container that has a lid and a latch that keeps the lid closed and is resistant to tampering by rodents or other wildlife and has sufficient capacity.
3. (3) Follow applicable New York State Department of Health and New York State Department of Agriculture and Markets regulations and standards.
4. (4) Have information available and provide training for employees concerning the proper methods to separate and store food scraps.

5. (5) Obtain the services of a transporter that will deliver food scraps to an organics recycler or intermediary facility, self-haul its food scraps to an organics recycler or intermediary facility, or provide for organics recycling at the designated food scraps generator’s location. If a transporter is not available, the designated food scraps generator is not required to self-haul or recycle at their location.

   (b) Use of on-site treatment systems.

   If a designated food scraps generator is required to recycle under subdivision (a) of this section and chooses to use an on-site treatment system, the following criteria apply:

6. (1) If the on-site treatment system does not treat at least 80 percent, by volume, of the food scraps generated annually, the remainder must be sent to an off-site organics recycler or intermediary facility with sufficient capacity if one exists within 25 miles of the generator (measured in a straight line).
7. (2) For on-site treatment systems that discharge to the public sewer system, the designated food scraps generator must obtain approval in writing from the appropriate local government entity to use the public sewer system for this purpose, including applying for and obtaining any necessary permits or other authorizations.
8. (3) The materials generated from an on-site treatment system that are not discharged to the sewer system must be used in a beneficial manner or sent to an organics recycler or intermediary facility.
9. (4) If the on-site treatment system does not significantly reduce the volatile solids content of the food scraps and grinds the waste or otherwise transfers it to a sewer system or treatment plant with little or no biological treatment, the fraction of the resultant biosolids equal to the fraction of food scraps in the incoming waste stream (dry weight basis) must be used in a beneficial manner. The treatment plant is not required to recycle biosolids.