STATE Alabama. Arizona. California. Colorado

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1 STATE Alabama Arizona California Colorado EXISTING REGULATIONS No person may receive, store or process solid waste for composting without being properly permitted by the Department, except as described by Rule (3). > Permitting and Registration Composting facilities ishall submit a Notice to ADEQ. With each application submitted for approval, the applicant must remit an initial fee. In addition, composting facilities may be subject to Aquifer Protection Permit (APP) requirements, if there is potential for discharge of pollutants to the groundwater. Except as specified in this Article, all compostable materials handling activities shall obtain a Compostable Materials Handling Facility Permit pursuant to the requirements of Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3 and 3.1 (commencing with section 21450) prior to commencing operations."mixed Solid Waste" means any material that is part of the municipal solid waste stream, and is mixed with or contains non-organics, processed industrial materials, or plastics. A feedstock that is not separated or contains 1.0% or more physical contaminants by weight is mixed solid waste. Composting facilities that accept processed solid waste or solid waste are classified as Class 1 facilities and require permitting. Connecticut Composting facilities that accept processed solid waste must be permitted as source separated organic material compost facilities. In 2011 and 2013, the CT legislature passed laws pertaining to the recycling of source separated organics with the intent to encourage the development of facilities in CT to process food residuals. The original 2011 law, CT General Statute Sec. 22a-226e, was amended in 2013 by Sec. 4 of Public Act

2 Delaware Florida Georgia Hawaii Composting operations are exempted from state solid waste permitting requirements by Section 4: Permit Requirements and Administrative Procedures of the Delaware Regulations Governing Solid Waste All composting operations, other than individual household composting, must obtain written approval from the Delaware Department of Natural Resources and Environmental Control (DNREC) prior to commencing operations. To obtain an approval, a person must submit a written plan of operation demonstrating to DNREC the composting facility owner and operators understand and will apply the proper methods of composting. The plan also must demonstrate that the composting facility will be operated in a manner that will not pose a threat to human health and the environment. They also must submit a written statement explaining the intended use of the compost. No solid waste management facility whose purpose is or includes the production of compost shall be constructed, operated, expanded or modified without an appropriate or currently valid permit issued by the Department unless specifically exempted by Chapter 403, F.S., Chapter , F.A.C., or this chapter. Solid waste which is composted as a volume reduction measure prior to intended disposal is not regulated by this rule, but is regulated under Chapter , F.A.C. Composting is regulated in the following manner: (a) Yard trimmings composting operations are excluded from regulation as solid wastes handling facilities. To be considered exempt from regulation, yard trimmings must be kept separate from solid waste and must be converted to a usable compost or mulch product. (b) Any person involved in the composting of solid waste or special solid waste, other than yard trimmings as provided in paragraph (a) above or covered by a permit-by-rule, shall comply with the following permit requirements: It is required for any person to establish, modify, or operate any solid waste management facility or a part thereof or any extension or addition thereto to obatina a permit issued in accordance with Hawaii Revised Statutes, Chapter 342H, and the integrated solid waste management plan for the State of Hawaii.

3 Idaho Illinois Indiana Idaho does not issue permits; instead site, design, operating plan and closure plan approvals are required. A facility owner/operator must demonstrate compliance with applicable requirements in the Solid Waste Management Rules. Idaho DEQ has statutory authority to regulate solid waste facilities however, through a Memorandum of Understanding, DEQ delegates it s authority for operating & closure to the seven health district across Idaho.Once site approval is issued, applicant can submit design and operating plan approval applications with supporting documentation. Design and operating plan approval applications may be submitted concurrently or sequentially. DEQ reviews/approves design and the local health district reviews/approves the operating plan. If a facility composts food in vessel or meets the same setback requirements of a landscape composter, they are not a pollution control facility and do not need to go through a local siting review. Landscape waste composters:. Have exemptions for on-farm composting and garden composting. Have location standards (35 IAC ); if a facility cannot meet the location standards, we will not issue a permit.. Illinois EPA can permit/allow the use of additives (such as food waste) to be incorporated into the landscape waste. Typically up to 10% non-landscape waste as additives, but some have gone higher after closer review of material handling. Organic waste composting:. Covers everything non-landscape waste. Do not have specific regulation, 35 IAC 807 is a catch-all regulation.. When developing non-landscape waste composting permits, permit requirements will resemble requirements for landscape waste composters (testing requirements, final compost standard, etc.) Composting vegetative matter is only a registration program. Registrations can provide alternate methods. Working with Companies that want to compost food waste and biosolids.

4 Iowa Kansas Kentucky Solid waste composting facilities must obtain a permit from the department. Composting facilities for solid and yard wastes may include vermicomposting, turned windrows, aerated static piles, aerated in-vessel systems, or other methods approved by the department. Compostable plastics means a plastic that undergoes degradation by biological processes at a rate consistent with other known compostable materials and leaves no visually distinguishable or toxic residue. Testing according to ASTM D criteria should be used to designate compostable plastics. Household organic waste means general household compostable items such as food residuals and paper produced on premises. Small composting facilities are exempt from obtaining a solid waste composting permit provided yard waste and food residuals from off premises do not exceed a total rate of two tons or less per week. Solid waste processing facility means incinerator, composting facility, household hazardous waste facility, waste-to-energy facility, transfer station, reclamation facility or any other location where solid wastes are consolidated, temporarily stored, salvaged or otherwise processed prior to being transported to a final disposal site. Composting facility means any facility that composts wastes and has a composting area larger than one-half acre. Source-separated organic waste means organic material that has been separated from noncompostable material at the point of generation and shall include the following wastes: (1) Vegetative food waste; (2) soiled or unrecyclable paper; (3) sewage sludge; (4) other wastes with similar properties, as determined by the department; and (5) yard waste in combination with these materials. Solid waste composting facilities must register with the Division of Waste Management by completing and submitting form DEP 7059A, Registered Permit-by-Rule for a Solid Waste Composting Facility. DEP may base a decision as to the land application suitability of the compost upon the ability to biodegrade in the environment, the likelihood that waste constituents shall contaminate surface water or groundwater, the potential for nuisances from odors or unsightly conditions, and the potential for the waste to harm human health or the environment.

5 Louisiana Maine Maryland Massachus etts Type III facilities receiving residential or commercial solid waste, as defined in LAC 33:VII.115; for composting shall have the number and levels of certified operators employed at the facility as required by the department in accordance with LAC 46:XXIII. Operator certificates shall be prominently displayed at the facility. The Board of Certification and Training for Solid Waste Disposal System Operators and the Office of Environmental Services shall be notified within 30 days of any changes in the employment status of certified operators. The beneficial use, other than agronomic utilization, of a secondary material produced by a composting facility is subject to the Maine Solid Waste Management Rules: Beneficial Use of Solid Wastes, CMR 418. The agronomic utilization of a residual produced by a composting facility is subject to the Maine Solid Waste Management Rules: Agronomic Utilization of Residuals, CMR 419. Composting of other materials may require a refuse disposal permit for a processing facility. Currently, this depends on the nature of the feedstocks and the composting process. Note that 2013 legislation requires MDE to establish separate composting regulations under the recycling law, so this permitting system is subject to change in the future. nts/combined%20compost%20summary%20fact%20sheet% %20%20final%20as%20posted.pdf. Compost facilities are subject to Solid Waste Site Assignment Regulations if they accept any amount of residential source-separated organic materials or any amount of mixed solid waste. The Draft Solid Waste Master Plan calls for the Massachusetts Department of Environmental Protection (MassDEP) to aggressively pursue diversion of food and other organic materials from the solid waste stream. Representing more than 25% of the waste stream in Massachusetts after recycling, food waste, compostable paper and other organics are the largest fraction of the remaining waste1. In order to achieve the Commonwealth s overall solid waste management goals of reducing the waste we dispose of by 30% by 2020, a concerted effort must be made to recover these organics materials. The Solid Waste Master Plan set a specific objective to divert at least 35% of food waste from disposal by 2020, which would result in more than 350,000 tons per year of additional diversion activity from targeted business and institutional sectors including: o hotels and convention centers o supermarkets and food waste processors o large institutions and o Institutional food service providers.

6 Michigan Minnesota Missouri Nebraska Nevada New Hampshire There are currently no permitting, licensing, for regulations specifically addressing food waste composting in the State. As long as food waste is kept separate from solid waste it is not considered solid waste and there are no specific regulations. There are yard waste composting regulations and yard waste is banned from the landfill but food waste does not fall in the yard waste category. Currently, food waste falls under the definition of solid waste and is regulated much differently than yard waste which has been banned from landfill disposal since The current solid waste rules require strict and often expensive to follow guidelines, in order to meet the environmental standards needed to properly compost food waste. To overcome this barrier the state has a handful of source separated organics facilities that are operating under a demonstration project designation. Permits under the Missouri Clean Water Law, Chapter 644, RSMo, and regulations 10 CSR 20 chapter six, may be required for centralized yard waste composting operations. Facilities that compost a sourceseparated material do not require a solid waste permit provided they do not create pollution, cause a public nuisance or adversely affect public health. A solid waste compost site is defined in Title 132 Integrated Solid Waste Management Regulations as a tract of land, location, area or premises used for composting solid waste in quantities greater than 1000 yd3 per year, and a permit is required. Neb. Rev. Stat ; ; (1), (2), (7), (11)-(13), (20); ; (7) The grinding and composting of yard trimmings and land-clearing debris is regulated under R Yard Trash and Land-clearing Debris; and Compost. Staff is working to amend this regulation to broaden the scope of organic feedstocks that may be composted. A facility that produces compost from solid waste are regulated and must obtain a permit. CHAPTER Env-Sw 600 COMPOSTING FACILITY REQUIREMENTS Statutory Authority: RSA 149-M:7

7 New Jersey "Class C recyclable material" means a source separated compostable material which is subject to Department approval prior to the receipt, storage, processing or transfer at a recycling center in accordance with N.J.S.A. 13:1E-99.34b, and which includes, but is not limited to, organic materials such as: 1. Source separated food waste; 2. Source separated biodegradable plastic; and 3. Source separated yard trimmings. "Recycling center for Class C recyclable materials" or "Class C recycling center" means a facility that receives, stores, processes, or transfers Class C recyclable materials as defined in this section.. All facility processing, tipping, sorting, loading, storage and compaction of materials (that is, solid waste and mixtures of solid waste and recyclable materials) shall occur within the confines of an enclosed building. "Biodegradable plastic" means plastic products that are designed to biodegrade and compost and which meet the specifications of the American Society for Testing and Materials document--astm D entitled "Standard Specifications for Compostable Plastics," incorporated herein by reference. "Compostable" means able to undergo physical, chemical, thermal and/or biological degradation under aerobic conditions such that the material to be composted enters into and is physically indistinguishable from the finished compost (humus), and which ultimately mineralizes (biodegrades to carbon dioxide, water, and biomass) in the environment at a rate like that of known compostable materials such as paper and yard trimmings.

8 New York NY Dept. of Environmental Quality Subpart 360-5:Composting Facilities regulates the construction and operation of composting and other organic waste processing (OWP) facilities for mixed solid waste, source separated organic waste, biosolids, septage, yard waste and other solid waste. Organic waste processing (OWP) facility means a facility involved in the processing of readily biodegradable organic components in solid waste to produce a mature product for beneficial use as a source of nutrients, organic matter, liming value, or other essential constituent for a soil or plant also covers OWP facilities for sourceseparated organic waste other than composting facilities, such as thermophilic anaerobic digestion processes. The following information, in addition to that set forth in section of this Part, must be included in the contents of an engineering report submitted as part of an initial permit application to construct and operate: (1) A detailed description of the specific source, quality, and quantity of all SSOW, and sources, quality, and expected quantity of any bulking agent or amendment. The description must include the annual solid waste input, and any seasonal variations in the solid waste type and quantity. For residential SSOW, the description must include the service area population. For commercial SSOW, the description must include a list of all types of generating facilities and the type and quantity of wastes that will be collected from each type of generator. (2) A detailed description of the source separation program at the point of generation, including how noncompostables are kept out of the SSOW stream. (i) For residential SSOW, this must include a copy of all educational literature or other information provided to residents, and a description of the container that will be used. (ii) For commercial SSOW, this must include a copy of any agreements or information concerning what can be accepted from the generator. The facility is prohibited from accepting wastes that do not positively contribute to the treatment process or the quality of the product, as determined by the department. Prior to distribution of the product in New York State, a written request to distribute an organic waste derived product must be submitted to the department and corresponding written confirmation must be obtained from the department.

9 North Carolina Ohio Oklahoma 15A NCAC 13B.1402 GENERAL PROVISIONS FOR SOLID WASTE COMPOST FACILITIES Type 3 facilities may receive manures and other agricultural waste, meat, post consumer-source separated food wastes and other source separated speciality wastes or any combination thereof that are relatively low in physical contaminants, but may have high levels of pathogens. Waste acceptable for a Type 1 or 2 facility may be composted at a Type 3 facility. Type 4 facilities may receive mixed municipal solid waste, post collection separated or processed waste, industrial solid waste, non solid waste sludges functioning as a nutrient source or other similar compostable organic wastes or any combination thereof. Solid waste compost products may not be distributed or marketed until the permittee has provided adequate test data to the Division as outlined in Rule.1408 of this Section. Within 30 days of receipt of the test data, the Division shall approve or deny the distribution and marketing of the product based upon the compost classification and distribution scheme. In 2003 the state examined their existing regulations and made adjustments to make it easier to accept food waste for composting. The success of the regulations can be seen in the growth of facilities in the state (in 2007 they had only 3 facilities registered, they now have 19) and it is predicted that with the growth of these facilities there will be a significant increase in the presence of collection programs in the near future. This is especially true in the commercial sector. The solid waste composting program requires or specifies that a composting facility obtains a registration, license, and/or permit as applicable, according to the classification of the facility. Other requirements established by the program include: what types of wastes can be composted, operational requirements of the facility, and testing requirements for the finished product prior to distribution. Wastes which may be acceptable for composting are categorized as feed stocks types, bulking agents or additives. OAC Chapter Composting facilities may not accept putrescible wastes (except food wastes if authorized by the permit or other authorization) or municipal solid waste or any waste not specifically identified in the permit. Acceptable composting materials may include: grass-clippings, garden debris, leaves, tree branches, shrubbery, wood chips, hay, cotton-gin waste, sawdust, newsprint paper, cardboard, computer paper, white paper, manure and food wastes.

10 Oregon Pennsylvan ia Rhode Island South Carolina Composting facilities must comply with OAR through : "Special Rules Pertaining to Composting." Those processing SSO are considered higher-risk facilities and are required to provide an operations plan for DEQ approval that addresses the identified risks and to operate under a composting permit. "Composted material" or "Compost" is the solid material resulting from the composting process. It includes both the material produced from aerobic composting and the solid digestate produced by anaerobic digestion, although the solid digestate may require additional composting in order to be suitable for certain applications. "Composting" means the managed process of controlled biological decomposition of feedstocks. "Composting" includes both aerobic composting and anaerobic digestion. "Digestate" means both solid and liquid substances remaining after anaerobic digestion of organic material in a composting facility. "Solid digestate" means the solids resulting from anaerobic digestion, and "liquid digestate means the liquids resulting from anaerobic digestion. Type 3 feedstocks include dead animals, meat and source-separated mixed food waste and industrially produced non-vegetative food waste. Composting of source separated food and yard waste requires a General Permit Leaf and yard waste composting only requires registration, while the inclusion of source separated organic waste requires license approval as outlined in Rule 8.5 State regulations. A bill, HR 7033, was recently introduced which would require diversion of commercial organics to composting or AD facilities. The Department reinitiated its proposal to amend R to expand the definition of permissable materials for composting to include source separated organincs. The regulations also explicitly include compostable plastics. The comment period has now closed and approval is expected.

11 Texas The regulations include both aerobic and anaerobic composting. Compost operations processing positively sorted material or source-separated organic materials are required to register the facility subject to the requirements found in Texas Administrative Code and the air quality requirements in Positively-sorted organic material includes materials such as, but not limited to, yard trimmings, clean wood materials, manure, vegetative material, paper, meat and fish feedstocks that are sorted or pulled out as targeted compostable organic materials from mixed municipal solid waste prior to the initiation of processing. Recycling - A process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. Recycling includes the composting process if the compost material is put to beneficial reuse as defined in this section. Source-separated organic material - Organic materials from residential, commercial, industrial, and other community activities, that at the point of generation have been separated, collected and transported separately from non-organic materials, or transported in the same vehicle as non-organic materials but in separate compartments. Source-separated organic material may include materials such as, but not limited to, yard trimmings, clean wood materials, manure, vegetative material, and paper. Tennessee No facility may compost solid waste without a permit as provided in rule (2). Compostable material means solid organic waste that may be decomposed under controlled conditions by microorganisms under aerobic or anaerobic conditions which result in a stable humus-like material free of pathogenic organisms (e.g., food wastes, yard wastes, and low moisture content wastewater sludge). Compost shall be classified as either Type A Compost or Type B Compost according to its metal content characterization. An AD facility would be an Energy recovery facility, a facility for the recovery of energy or energy producing materials from the controlled processing of solid waste and the production of energy from said solid waste and other materials, including coal, for a heating and cooling system and/or for the production of electricity and process steam. Utah Permits are not required for composting facilities, UAC R (1) requires that a plan of operation be submitted to the Director of the Division of Solid and Hazardous Waste. Compost facility guidance document :

12 Vermont Composting of most materials is covered by the Solid Waste Management Rules. Act 148 Universal Recycling Law: Passed in June 2012 and focuses on recyclables and organics. Phased approach to allow development of infrastructure. Bans disposal of mandated recyclables by 2015, leaf & yard residuals and clean wood by 2016, food residuals by Mandates parallel collection by facilities/haulers that collect MSW mandated recyclables by 2014/2015 (at no additional charge for residential recyclables), leaf & yard residuals by 2015/2016, and food residuals by Phased in mandates for larger generators to divert food residuals, if there is a facility within 20 miles: 2014 for generators >104 tons/yr; 2015 for generators > 52 tons/yr; 2016 for generators > 26 tons/yr; 2017 for generators > 18 tons/yr. Parallel collection at curbside: Haulers that offer services for managing trash must also offer services for managing: - mandatory recyclables by 2015, - leaf & yard residuals by 2016, and - food residuals by 2017; By 2020, all food residuals, including that from households, must be diverted with no provision for distance. Virginia Any owner or operator of facilities that produce compost from municipal solid waste/refuse or combinations of municipal solid waste/refuse with animal manures, except those facilities specifically excempt under 9 VAC Facilities proposing to compost wastewater treatment sludge shall obtain a permit from the Virginia Pollution Abatement Permit Program. dwastecompostfacilitypermit.aspx Washington Composting facilities and AD facilities are regulated under Chapters WAC and WAC respectively, Solid Waste Handling Standards, and those processing source separated organics must obtain a permit. According to Ecology's 2009 Washington Statewide Waste Characterization Study, organic materials (food scraps, green waste, animal manure, animal carcasses, paper products and wood debris) are 55% of our state's municipal solid waste (MSW); with the most prevalent material type being food scraps (18%). On a larger scale, the U.S. Environmental Protection Agency's Revised 2010 MSW Fact sheet, states that organic materials continue to be the largest component of MSW in the country with 29% paper, 14% food scraps and 13% yard waste. Most organic materials can be diverted from landfills and made into soil amendments, energy, or other products. W2R supports these projects by providing technical and some West Virginia financial assistance (W2R Grants and Financial Assistance). Composting regulations only include yard waste, which has been banned from landfills since 1997.

13 Wisconsin Wyoming Wisconsin has banned the disposal of yard waste in the landfill since January The state has various level of regulation depending on the size of the facility and makes a clear distinction between vegetative food waste/yard waste and non-vegetative food waste. Currently, there are exemptions for vegetative food waste composting and yard waste facilities can be exempted from permitting depending on the amount of materials they accept. However, nonvegetative food scraps are regulated as a processing facility and face a significantly higher level of regulation. These facilities are required to have plan approval from the DNR and there are only a small handful of facilities with this approval in the state. Compost facilities processing food waste and other source separated organics require a full permit under Wyoming Environmental Quality Act, W.S , Chapter 6.