Facility Regulations & Permit October 15, 2015 Background & - - PowerPoint PPT Presentation

Maryland Department of the Environment

Maryland’s New Composting Facility Regulations & Permit October 15, 2015

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Background & Purpose

According to EPA, almost 30% of all municipal solid waste generated in the U.S. is food and yard waste.

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Background & Purpose

In Maryland, 70% of yard waste was recycled in 2013… … and 7% of food waste was recycled.

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Background & Purpose

• Environmental risks of improperly

managed composting: –Odors and other nuisance issues –Surface and groundwater pollution –Propagation of disease vectors

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Background & Purpose

• Prior to these regulations:

– Lack of clear requirements for food and

• ther composting

– Requirements spread across various laws and regulations – Lack of clarity about when food and other

• rganics are considered “solid waste”

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Background & Purpose

• Ch. 393 of 2011 established a Composting

Workgroup to study ways to increase composting in the State

• Composting Workgroup recommendations (2013):

– Adopt composting-specific regulations under the recycling statute, separate from the refuse disposal permit and solid waste regulations – Consider adapting the USCC Model Regulations – Establish tiered standards based on feedstock, size, and environmental risk

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Timeline

• May 2012 – Jan. 2013

Composting Workgroup

• Throughout 2013

Legislation passed requiring regulations (ch. 686 of 2013) Continued stakeholder input

• Jan. 2014

First proposal of regulations More stakeholder input

• Dec. 2014

Second proposal of regulations

• June 2015

Adopted regulations

• July 2015

Regulations became effective

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Feedstock Types

NWW

• Natural Wood

Waste Type 1

• Yard waste

Type 2

• Food scraps
• Non-recyclable

paper

• Department

approved animal manure and bedding

• Department

approved industrial food processing materials

• Animal

mortalities

• Compostable

products Type 3

• Sewage Sludge
• r Biosolids
• Used diapers
• Mixed municipal

solid waste (MSW)

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Feedstock Types, Cont’d.

NWW: tree and natural vegetative refuse, including tree stumps, brush and limbs, root mats, logs, leaves, grass clippings, unadulterated wood wastes, and other natural vegetative materials. COMAR 26.04.06.02. Yard Waste: organic plant waste derived from gardening, landscaping, and tree trimming activities, including leaves, garden waste, lawn cuttings, weeds, and

• prunings. Env. Art. §9-1701(t).

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Facility Tiers

NWW Recycling Facility

• Composts
• nly natural

wood waste. Tier 1

• Composts
• nly Type 1

feedstocks. Tier 2 - Small

• Composts
• nly Type 1

and Type 2 feedstocks.

• Produces ≤

10,000 cubic yards of compost per year. Tier 2 - Large

• Composts
• nly Type 1

and Type 2 feedstocks

• Produces >

10,000 cubic yards of compost per year. Tier 3

• Composts

Type 3 feedstocks (regardless of whether

• ther

feedstock types are also composted)

NWW Recycling Facility Permit

Composting Facility (CF) Permit

Refuse Disposal Permit or Sewage Sludge Utilization Permit

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CF Permit Exemptions For Non-Farm Facilities

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CF Permit Exemptions – Non-Farms “Backyard” Composting

• Located at a residence
• Composts materials generated on the

residential site

• Resulting compost is used on site for

personal, household, or family purposes

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CF Permit Exemptions – Non-Farms 5,000 ft2 Exemption

• ≤ 5,000 ft2 of area used “in support of

composting”

• Pile height limits:
• 9 ft for raw feedstocks
• 12 ft for active, curing, or finished compost piles
• Except where smaller pile size required by local

law

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CF Permit Exemptions – Non-Farms

Animal Mortality Composting at Government Site

• Facility managed by State or local government
• Composts animal mortalities as part of roadway
• r other maintenance
• Example: SHA deer composting

Photo: Frederick News Post

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CF Permit Exemptions – Non-Farms

Composting Located at a Solid Waste Acceptance Facility

• Exempt if facility operates under a Refuse

Disposal Permit that includes design and

• perational conditions specific to the

composting activity.

• Example: Composting located on site at a

landfill, where the landfill’s Refuse Disposal Permit covers the composting activity.

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CF Permit Exemptions For On-Farm Facilities

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CF Permit Exemptions –On-Farm

Exempt up to any size if:

• Composts only feedstocks generated
• n-site or at another farm controlled by

the same operator

• All compost is used for personal,

household, family, or agricultural use on- site or at another farm controlled by the same operator

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CF Permit Exemptions –On-Farm

Exempt up to 40,000 ft2 of area used in support of composting if:

• Composts only:
• Feedstocks generated on site or at another

farm controlled by the same operator; and

• Type 1 feedstocks, manure, and bedding,

regardless of place of generation

• Operated in accordance with NMP, if required
• Operated in accordance with one of two

agricultural plans that address certain aspects

• f the composting (SCWQP or AWMSP)

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CF Permit Exemptions –On-Farm

Exempt up to 5,000 ft2 of area used in support of composting if:

• Meets the following pile height limits:
• 9 ft for raw feedstocks
• 12 ft for active, curing, or finished compost

piles

• Except where smaller pile size required by

local law

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CF Permit Exemptions –On-Farm

Emergency Animal Mortality Composting

• Temporary composting of animal mortalities

generated as result of a non-routine die-off

• Operates under approval of and as directed by

MDA, in consultation with MDE

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CF Permit Exemptions - Summary

Non-Farm Facilities

1. “Backyard” composting

• Located at a residence
• Feedstocks generated on site
• Compost used on site

2. 5,000 ft2 exemption

• Uses ≤ 5,000 ft2 in support of composting, which includes all

phases of composting and storage areas

• Pile height limits apply (9 ft for raw feedstocks; 12 ft for active,

curing, or finished compost piles) 3. Animal mortality composting at government-managed site

• For roadway or other maintenance

4. Composting at a solid waste acceptance facility

• Under RD Permit containing composting conditions

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CF Permit Exemptions - Summary

On-Farm Facilities 1. Exempt up to any size

• Composts only feedstocks generated on-site*
• All compost used on-site*

2. 40,000 ft2 exemption

• Feedstocks generated on-site* PLUS may accept Type 1 and

manure/bedding from off-site

• May distribute compost
• Must have one of two agricultural plans that address composting

3. 5,000 ft2 exemption

• Same as for non-farm facilities

4. Emergency animal mortality composting

• If approved by MDA

* “On-site” includes the farm where composting takes place and other farms owned or controlled by the same operator.

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General Restrictions

Apply to all composting facilities, even exempt facilities A person may not engage in composting in a manner which will likely…

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…Create a Nuisance

Examples:

• Odor
• Noise
• Dust

Photo: Washington State University

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…Be conducive to insect or rodent infestation

• r harborage of animals

Examples:

• Flies
• Mice/rats
• Birds & other

scavengers

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…Cause nuisance odors or other air pollution in violation of air regulations, or involve construction of a source of air pollution without required air permits

Examples of equipment that may require air permits:

• Grinders
• Screeners
• Aeration systems

Photo: Washington State University

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…Cause unpermitted discharge of pollutants derived from organic materials or solid waste to waters of the State

Photo: Washington State University

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…Harm the environment or cause other hazards to the public health, safety, or comfort as may be determined by the Department.

Examples:

• Fires
• Pathogens

Photo: http://www.kitv.com/news/hawaii/20407470

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Facility Location

Setbacks:

• 50 feet from a property line of property not

controlled by operator

• 300 feet from a dwelling not owned by the
• perator
• 100 feet from wells and surface water
• Minimum of 2 to 4 feet depth to seasonal high

water table, depending on where the facility is located

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Composting Pad

Tier 1 Tier 2 – Small Tier 2 - Large Feedstock receiving, active composting, curing, and storage must be on an “all- weather pad.” Same as Tier 1 PLUS 6-inch layer of carbon- rich materials placed between the all-weather pad and each active composting pile For feedstock receiving and active composting areas: Low permeability pad

• 10-5 cm/sec if on

surface

• 10-6 cm/sec if buried

For curing/finished compost areas: All- weather pad.

“All-weather pad” means a pad of sufficient construction and firmness for vehicles and equipment to traverse during normal inclement weather, included expected rain, snow, and freezing temperatures.

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Management of Contact Water

Tier 1 Tier 2 - Small Tier 2 - Large No separate requirements; manage as stormwater No separate requirements; manage as stormwater Must collect and contain contact water prior to:

• Reuse on feedstock or

active composting piles;

• Transport off site for

treatment at a permitted facility; or

• Discharge pursuant to

COMAR 26.08.01 - .04. (MDE surface or groundwater discharge permit). Contact water: Liquid, including runoff from precipitation, that has been in contact with feedstocks or active composting material and runs off the feedstock receiving area, feedstock storage area, or active composting area.

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Contact Water Containment System

• Must be sized to handle at least a 24-hour, 25-year

storm event*

• For a basin, must have a liner with hydraulic

conductivity of 1 x 10-7 cm/sec or less

• If the liner is compacted clay, must have a

thickness of at least 1 foot

• For a tank or other containment system, must be

constructed of impermeable material

* Does not apply to “covered” facilities

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Covered Facility Examples

Covered aerated static piles

Photo: Washington State University Photo: Maryland Environmental Service

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Covered Facility Examples

Roofed or Indoor

Photo: Washington State University

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Stormwater Management

• Run-on

– Structures such as berms or ditches shall be used to prevent run-on to the feedstock receiving, feedstock storage, active composting, curing, and compost storage areas.

• Stormwater

– Stormwater discharges associated with industrial activity must be managed in accordance with the NPDES permit issued by the Department and any State or local stormwater and sediment and erosion control requirements

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Operational Requirements

• Composting Facility Operations Plan
• Management of Incoming Feedstocks:

– All feedstocks: Manage in a timeframe to prevent nuisance

• dors, unauthorized discharge of contact water, fire, and

scavenging by pests – Type 2: must be incorporated into composting piles, mixed with bulking material and covered, or transferred to leak- proof containment, by the end of the operating day – Type 2: feedstocks with free liquid shall be promptly mixed with drier feedstocks, bulking material, or compost so the liquid is absorbed and not allowed to flow from piles

• 12 month time limit for storage of finished compost

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Operational Requirements, Cont’d.

• Solid Waste:

– Maintain in a clean and sanitary condition, free of unsecured trash at the end of each operating day – Non-compostable waste shall be removed or stored in a waste container or containment area, then disposed or recycled within timeframe specified in the CFOP, as required by local law, and whenever the container is full.

• Additional requirement for uncovered Tier 2 Small:

– 6-inch layer of compost or carbon-rich material must be placed over the active composting piles by the end of the day they are formed and each time the pile is turned

• Recordkeeping and reporting
• Closure notification and plan

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Pathogen Reduction

• In-vessel or aerated static

pile: – 55°C or higher for 3 days

• Windrows:

– 55°C or higher for 15 days – During this period, minimum of 5 turnings

Photo: Washington State University

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Composting Facility Permits – 2 Options

There are no fees associated with either type of permit.

Individual Permit General Permit

• Detailed application,

including maps, drawings, site plans

• Each application is

distributed to relevant state and local agencies for comment

• Public notice via MDE’s

website, with a written comment period, but no public meeting

• The applicant may apply for

variances

• Submit a brief Notice of Intent

and a copy of the operations plan

• Public comment period and
• pportunity for a meeting on

the general permit itself

• No public notice or comment

for each facility covered under the general permit

• Variances are not allowed

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Variances and Pilot Approvals

Variance Pilot or Research Approval

• Available for individual

permittees only

• Applies for the entire permit

term (unless rescinded)

• May have a technological,

environmental, or economic justification

• Proposed alternative must

be equally protective of the environment

• Available for general or

individual permittees

• Temporary – maximum

duration is 1 year (but may reapply thereafter)

• Must have a valid research or

pilot purpose, such as to:

• Test acceptance of Type 2

materials

• Conduct academic research
• Fulfill temporary or seasonal

need for handling certain materials

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Other requirements

MDE

• General permit for stormwater discharges

associated with industrial activity

• If discharging contact water on site, individual

surface or groundwater discharge permit

• Air permit to construct and/or permit to operate
• Not for composting itself, but potentially for certain

equipment

MDA (if compost is distributed)

• Product registration, labeling, testing
• Operator certification

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Next Steps

• Existing Facilities:
• Were required to notify MDE by Sept. 1, 2015
• Existing facilities that notified MDE have until
• Jan. 1, 2017 to come into compliance
• General Permit:
• Under internal review
• Will be published online for 30-day comment

period prior to issuance

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Additional Resources

• Regulations are located at

COMAR 26.04.11

• MDE Composting Website has

been updated with:

– Regulations – Guidance document – Forms – Contact information

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Locating the Composting Website

www.mde.maryland.gov

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Locating the Composting Website

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1800 Washington Boulevard | Baltimore, MD 21230-1718 410-537-3000 | TTY Users: 1-800-735-2258 www.mde.maryland.gov

Maryland Department of the Environment Kaley Laleker kaley.laleker@maryland.gov OR Call the Resource Management Program at: 410-537-3314

Questions?