Maryland Department of the Environment Maryland’s New Composting Facility Regulations & Permit October 15, 2015
Background & Purpose According to EPA, almost 30% of all municipal solid waste generated in the U.S. is food and yard waste. 2
Background & Purpose In Maryland, 70% of yard waste was recycled in 2013… … and 7% of food waste was recycled. 3
Background & Purpose • Environmental risks of improperly managed composting: – Odors and other nuisance issues – Surface and groundwater pollution – Propagation of disease vectors 4
Background & Purpose • Prior to these regulations: – Lack of clear requirements for food and other composting – Requirements spread across various laws and regulations – Lack of clarity about when food and other organics are considered “solid waste” 5
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 6
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 7
Feedstock Types NWW Type 1 Type 2 Type 3 • Natural Wood • Yard waste • Food scraps • Sewage Sludge Waste or Biosolids • Non-recyclable paper • Used diapers • Department • Mixed municipal approved animal solid waste manure and (MSW) bedding • Department approved industrial food processing materials • Animal mortalities • Compostable products 8
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). 9
Facility Tiers NWW Recycling Tier 1 Tier 2 - Small Tier 2 - Large Tier 3 Facility • Composts • Composts • Composts • Composts • Composts only Type 1 only Type 1 only Type 1 Type 3 only natural feedstocks. and Type 2 and Type 2 feedstocks wood waste. feedstocks. feedstocks (regardless of whether • Produces ≤ • Produces > other 10,000 cubic 10,000 cubic feedstock yards of yards of types are also compost per compost per composted) year. year. Composting Facility (CF) Permit NWW Recycling Refuse Disposal Facility Permit Permit or Sewage Sludge Utilization Permit 10
CF Permit Exemptions For Non-Farm Facilities 11
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 12
CF Permit Exemptions – Non-Farms 5,000 ft 2 Exemption • ≤ 5,000 ft 2 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 13
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 or other maintenance • Example: SHA deer composting Photo: Frederick News Post 14
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 operational 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. 15
CF Permit Exemptions For On-Farm Facilities 16
CF Permit Exemptions – On-Farm Exempt up to any size if: • Composts only feedstocks generated on-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 17
CF Permit Exemptions – On-Farm Exempt up to 40,000 ft 2 of area used in support of composting if: • Composts only: o Feedstocks generated on site or at another farm controlled by the same operator; and o 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 of the composting (SCWQP or AWMSP) 18
CF Permit Exemptions – On-Farm Exempt up to 5,000 ft 2 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 19
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 20
CF Permit Exemptions - Summary Non-Farm Facilities “Backyard” composting 1. • Located at a residence • Feedstocks generated on site • Compost used on site 2. 5,000 ft 2 exemption • Uses ≤ 5,000 ft 2 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 21
CF Permit Exemptions - Summary On-Farm Facilities 1. Exempt up to any size • Composts only feedstocks generated on-site* • All compost used on-site* 40,000 ft 2 exemption 2. • 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 5,000 ft 2 exemption 3. • 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. 22
General Restrictions Apply to all composting facilities, even exempt facilities A person may not engage in composting in a manner which will likely… 23
…Create a Nuisance Examples: • Odor • Noise • Dust Photo: Washington State University 24
…Be conducive to insect or rodent infestation or harborage of animals Examples: • Flies • Mice/rats • Birds & other scavengers 25
…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 26
…Cause unpermitted discharge of pollutants derived from organic materials or solid waste to waters of the State 27 Photo: Washington State University
…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 28
Facility Location Setbacks: • 50 feet from a property line of property not controlled by operator • 300 feet from a dwelling not owned by the operator • 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 29
Composting Pad Tier 2 – Small Tier 1 Tier 2 - Large Feedstock receiving, Same as Tier 1 For feedstock receiving active composting, and active composting PLUS curing, and storage areas: Low permeability must be on an “all - pad 6-inch layer of carbon- weather pad.” rich materials placed • 10 -5 cm/sec if on between the all-weather surface pad and each active • 10 -6 cm/sec if buried composting pile 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. 30
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