Department of the Environment

Composting Regulations: Under Development

State/County Groundwater Seminar

9/26/2013

Hilary Miller, Mike Eisner and Edward Dexter

Presenters

Who We Are

• Hilary Miller: Manager of the Waste Diversion and Utilization Program (WDUP) – and Chair, Compost Regs Workgroup

• Michael Eisner: Geologist, Water Management Administration’s Wastewater Permits Program

• Edward Dexter: Administrator, Solid Waste Program

Why We’re Here: • The Legislature charged MDE with the

development of regs for food composting. • Composting is a great way to reduce waste

in landfills, and produce very desirable soil additives.

• However, there are legal and environmental considerations.

• We have been working with a group of composters, academics, County reps, and others to develop sensible regs to make composting easier and yet protect the environment.

• We are here to tell you what we’re doing!

Yard Waste & Composting Laws: From the Environment Article: • §9–1701. … (b) “Compost” means the product of composting in

accordance with the standards established by the Secretary of Agriculture under § 6–221 of the Agriculture Article.

(c) “Composting” means the controlled biological decomposition of organic waste material in accordance with the standards established by the Secretary under this title.

… (s) (1) “Yard waste” means organic plant waste

derived from gardening, landscaping, and tree trimming activities.

(2) “Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and prunings.

Other Pertinent Statutes: • Permits for composting and

distribution of any compost containing sewage sludge are required under Environment Article Sections 9-204 and 233;

• Permits for composting Natural Wood Waste are required under EA Section 9-1708.

Composting Regs: From Md. Dept of Agriculture’s

Definition in COMAR 18.04.01.01A: • (5) "Compost" means a stabilized organic product produced by

the controlled aerobic decomposition process in such a manner that the product may be handled, stored, and applied to the land or used as a soil conditioner in an environmentally acceptable manner without adversely affecting plant growth.

• (6) "Compostable" means any biological material capable of being aerobically decomposed into compost.

• (7) "Composting" is the aerobic degradation of organic matter to make compost.

• (8) "Composting facility" means a facility where solid waste or organic material is processed using composting technology, including:

• (a) Physical turning; • (b) Windrowing; and • (c) Aeration or other mechanical handling of organic matter.

Which Composters Need A Permit NOW? • Sewage Sludge Composting requires a sewage sludge

utilization permit: COMAR 26.04.06, Sewage Sludge Management.

• Natural wood waste composting (NWW) = stumps, brush, limbs, logs, etc. ground into wood chips and composted into mulch – requires a natural wood waste recycling permit: COMAR 26.04.09, Natural Wood Waste.

• Commercial or domestic refuse generally does require a refuse disposal permit under COMAR 26.04.07 - Solid Waste Management.

• All generally need a general or site-specific discharge permit – Mike will explain.

Which DON’T need A Solid Waste Permit? • Yard waste composting = leaves, twigs, grass

clippings and garden waste generally does not need a refuse disposal permit as long as no large wood is included (that needs a NWW Permit), and you have a market for it.

• Food waste and manure MAY not need a refuse disposal permit, depends on what else is in it (packaging, pallets, etc.) and whether you have a market for it.

• Purely governmental Natural Wood Waste operations are exempt from the permit requirements, but should follow the requirements of the regs.

Composting Techniques

• Turned Pile

• Static Pile

• Blanketed Pile

• In-vessel

• All can involve windrows or piles; use of bulking agents to improve aeration, forced air injection or extraction, and liquid addition.

What It ISN’T:

Composting ISN’T:

• Anaerobic

• Piles of Rotting Stuff

• Anaerobic Digestion

So why regulate composters? • Although compost is a valuable product, the process

can be problematic, with risks varying with the feedstocks used.

• Leaves and grass have little impact, but food waste, manure, and other nutrient-rich feedstocks can cause real problems.

• Adverse environmental effects can include surface and groundwater pollution, severe odors and gas production, and the propagation of disease vectors such as rats and flies.

• These are worse if the composting isn’t done properly, e.g., the pile is allowed to become anaerobic. Good practices help!

Examples: New Earth food and industrial residual composter (e.g.,

crab chum, DAF sludge from chicken processors, mushroom house soil, etc.) had to be closed by MDE due to severe environmental problems.

- Runoff from piles generated thick algal mats where it pooled, indicating high nutrient availability

- Groundwater had ammonia and TKN of 490, COD of 2500, BOD 310, P 35 (all PPM).

- On one visit an inspector (me) commented “All the flies in the world are here.”

- Offsite odors from the site were so intense the County ordered them off the property.

- Other sites had major fires and runoff issues.

New Earth Services, 1/31/2007

- From Google Earth, captured 9/16/2013.

AND NOW…

Hilary Miller!

MDE Composting Workgroup • House Bill 817/Chapter 363, Acts of 2011

required MDE, in consultation with MES and MDA, to: – Study composting in MD, including laws and

regulations – Develop recommendations on how to promote

composting, including programmatic, legislative, or regulatory changes

– Report findings and recommendations to the General Assembly by January 1, 2013

MDE Composting Workgroup • Members included composting industry, legislators, academia,

county recycling coordinators, environmental groups.

• Meetings were held monthly.

• Heard from other states; studied the USCC model rules.

• Technical Subgroup worked on foundation for composting regulations and recommendations and Education and Outreach Subgroup developed recommendations.

• Recommendations included need for legislative authority for composting regulations, extensive outreach and education to various stakeholders, funding for grants/loans to enhance composting, promotion of a variety of compost uses, exemption of backyard composting and some farm composting, etc.

Composting Regulations • House Bill 1440/Chapter 686, Acts of 2013 fulfills a major

recommendation of the Workgroup by providing authority for MDE to adopt regulations on composting. The law also: – removes organic material capable of being composted and

that is actually composted from the definition of solid waste;

– exempts consumers and farmers who compost organic materials generated on a farm or residential site controlled by the consumer or farmer from getting a permit; and

– Establishes enforcement provisions.

Composting Regulations • The Former Technical Subgroup has been meeting since

March 2013 to develop the regulations. Major provisions in the regulations include: – General Permits, Individual Permits, Registrations; – 5 year permit term; – 3 Types of Feedstocks

• Type 1 – yard waste; other materials determined by MDE to have low risk from hazardous substances, human pathogens, and physical contaminants

• Type 2 – source separated organics; approved manure and bedding; approved industrially produced food processing materials; manufactured organics; other materials…

• Type 3 – sewage sludge; biosolids; septage; used diapers; mixed MSW; other materials…

Composting Regulations • 3 Tiers of Facilities:

– Tier 1 – accepts Type 1 feedstocks – Tier 2 – accepts Type 2 feedstocks and may also accept

Type 1 feedstocks • Tier 2 Small – produces 10,000 cubic yards or less of

compost per year • Tier 3 Large – produces more than 10,000 cubic yards of

compost per year – Tier 3 – accepts any Type 3 feedstocks, regardless of

whether other feedstock types are also accepted – subject to sewage sludge, natural wood waste, or solid waste acceptance facility permits

Composting Regulations • All composting facilities will be subject to restrictions and

specifically prohibited acts and may not: – Create a nuisance; – Be conducive to insect and rodent infestation or animal

harborage; – Cause nuisance odors or other air pollution; – Involve construction or operation of a source of air

pollution; – Cause a discharge of pollutants derived from organic

materials or solid waste to waters of the State without a permit;

– Harm the environment; or – Create other hazards to public health, safety, or comfort.

Composting Regulations • Existing composting facilities:

– Will be required to notify MDE with certain information;

– Will be exempt from the requirements of certain parts of the regulations until July 1, 2016, as long as:

• It accepts the same feedstock types; • It accepts consistent quantities of materials as in the

notification; and • It does not engage in restricted or specifically

prohibited acts.

Composting Regulations • Composting facility minimum setbacks:

– 50 feet from a property line;

– 300 feet from a dwelling not owned by the operator;

– 300 feet from a drinking water supply well; and

– 100 feet from a stream, lake, or other water body except a composting process impoundment

Composting Regulations • Composting facility may:

– Not be located in a flood plain; – Must be located in accordance with FAA

requirements; – Must be sited and constructed in accordance with

nontidal and tidal wetlands requirements; and – Must not be located in conflict with Chesapeake Bay

Critical Area Commission Criteria or a locally adopted Critical Area Plan.

Composting Regulations • General Requirements:

– Must have and follow a Composting Facility Operations Plan;

– Size and operations must match; – Sign at the entrance with emergency contact

information, days/hours of operation, facility name; – Must have all weather access roads; – Must prevent stormwater run-on to feedstock

receiving, storage, active composting, curing, and compost storage areas.

Composting Regulations • Design of the facility must meet vertical distances to

groundwater, largely based on septic system requirements;

• Surfaces for feedstock receiving, feedstock storage, active composting, curing, and compost storage must have an all weather pad; Tier 2 facilities have additional requirements;

• Facilities must manage stormwater discharges and sediment and erosion;

• Facilities must collect contact water;

• Facilities may be required to install monitoring wells (karst terrain, wellhead protection area, or other as determined by MDE.

Composting Regulations • Must have a MDA certified operator;

• Compost may not be stored on site longer than 12 months;

• Compost must meet Process to Significantly Reduce Pathogens (windrows: 55 degrees C or higher for 15 days or longer with a minimum of 5 turnings; aerated static piles or in vessel: minimum average 55 degrees C or higher for 3 continuous days;

• Type 2 feedstocks must be mixed with drier feedstocks, bulking material, or compost and processed into an active composting pile at end of each operating day;

• A 6-inch layer of compost or carbon-rich material must be placed over Type 2 active composting piles at the end of the operating day on which they are formed and after the piles are turned.

Composting Regulations • Must report on activities annually to MDE;

• Must keep records for at least 5 years;

• Must have an approved closure plan;

• May seek a variance to provisions but would be required to have an individual permit;

• Allowances for approved pilot and research projects; and

• Enforcement provisions and right of entry for inspections.

Composting Regulations • Expected draft regulations completion

early October;

• Expected effective date in February 2014.

AND NOW…

Mike Eisner!

How do you manage a dead zombie? A. Incinerate

B. Bury beneath the deepest fresh water aquifer

C. Mix with nuclear waste

D. Deep sea burial in Marianas Trench

E. All of the above

F. None of the above

C O M P O S T I N G “A noble craft, but somehow a most melancholy! All noble things are touched with that.” Herman Melville ‘Moby Dick’

Potential Permits Required for Composting Operations by LMA & WMA - Compost Facility Permit: LMA – a new permit - General Stormwater Permit Associated with Industrial Activity - WMA -Individual NPDES or State Groundwater Discharge Permit - WMA

Permit requirements based on: • Compost Operation Tier

– Feedstock – Size

• Requirements for the management of Contact Water (leachate)

A permit a day keeps the regulator away

Proposed Compost Operation Tiers

Tier 1: Type 1 Feedstock

Tier 2 Small: Type 2 Feedstock Produces less than 10,000 cubic yds/yr

Tier 2 Large: Type 2 Feedstock

Produces more than 10,000 cubic yds/yr

Tier 3: Type 3 Feedstock

When is a Compost Facility Permit Required? Tiers 1 & 2 if: Commercial operation and; Operation is > 5000 square ft. Tier 3 – all unless permit under 26.04.07 or 26.04.06 Better living thru permit giving

General Stormwater Permit Associated with Industrial Activity The goal of this permit is to mitigate the movement of precipitation-carried pollutants into ground or surface waters. User friendly issuance process: NOI – no public participation Faster issuance Another day another permit

When is a General Stormwater Permit Associated with Industrial Activity Required? - Primary activity is composting and commercial operation. - Required for all Tiers - No exemption for < 5000 square ft. operation like Compost Facility Permit - If operation has no exposure to stormwater it can apply for No Exposure “To permit or not to permit, that is the question…”…

• mapping your facility to understand where the water flows.

• identifying you potential pollutants.

• eliminating any non-stormwater discharges such as vehicle washing.

• selecting and implementing stormwater controls from a selection of practices in the permit and associated guidance.

• creating a stormwater pollution prevention plan.

• benchmark monitoring and visual monitoring of discharges to verify your controls are working.

• an annual comprehensive report of your facility

What are the key requirements of this General Stormwater Permit?

Composting Facility Permit Pad Design Requirements

• Tier 1: All weather pad

• Tier 2 Small: All weather pad

• Tier 2 Large:

Contact Water - Feedstock Tipping & Active – 10-5 (10-6)

Curing/Finished – All weather pad

Tier 3: Contact Water - Feedstock Tipping & Active – 10-5 (10-6)

Curing/Finished – All weather pad

Contact water - means 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.

- includes liquid that has passed through or emerged from feedstocks or active composting material and contains soluble, suspended, or miscible materials removed from the piles.

Contact water from Tier 2 Large & Tier 3 Feedstock Tipping/Storage and active composting areas must be collected and contained (10-7)

What are the Management Options for collected Contact water

• Reuse on feedstock or active piles *

• Offsite removal for proper treatment & disposal *

• Discharged onsite via an Individual NPDES (Surface) or State Groundwater Discharge Permit

* No WMA Discharge Permit required

What are requirements for Individual NPDES (Surface) Discharge Permit

• TMDL : Total Maximum Daily Load

• Impaired Stream but No TMDL

• Tier II

• Effluent testing/ Limits

• Recordkeeping & Reporting

• Permit issuance – Estimated 9 months

- Public Participation Process

Friends don’t let friends exceed effluent limits

Individual State Groundwater Discharge Permit

(Pre) Treatment and Discharge via: - Land Application

- Infiltration

- Subsurface Disposal

Permit Includes: • Effluent testing and/or Groundwater Monitoring (Limits:MCLs)

• Recordkeeping & Reporting

• Permit issuance – Estimated 9 months

- Public Participation Process

Thank You! Hilary Miller: hilary.miller@maryland.gov (410) 537-3431

Ed Dexter: ed.dexter@maryland.gov (410) 537-3318

Mike Eisner: mike.eisner@maryland.gov (410) 537-3771 For all of MDE’s permit application requirements,

see the Permit Guide on our website at

http://www.mde.state.md.us/Permits/busGuide.asp

and watch for updates about the regs on the website. All of Maryland regulations can be viewed at COMAR Online:

http://www.dsd.state.md.us/comar/

“I know not all that may be coming, but be it what it will, I'll go to it laughing.” Herman Melville ‘Moby Dick’