Guidelines for Maintaining Compliance with Massachusetts Regulations

Transcription

1 Guidelines for Maintaining Compliance with Massachusetts Regulations Agricultural Composting Training Workshop March 26, 2012 Sumner Martinson Director, Composting Program MassDEP

2 DEFINITIONS SITE ASSIGNMENT: A determination by the Board of Health that designates an area of land for one or more solid waste uses. The purpose of site assignment is to determine if a parcel of land is SUITABLE to use as a site for a solid waste management facility. CONDITIONALLY EXEMPT: Certain solid waste operations do not require site assignment if certain "conditions" are maintained. DETERMINATION OF NEED: Process to determine if a certain types of facilities "needs" site assignment or whether the operation can be exempted from site assignment

3 DEFINITIONS Food Material means source separated material produced from human food preparation and consumption activities at homes, restaurants, cafeterias, or dining halls which consists of fruits, vegetables and grains, fish and animal products and byproducts, and soiled paper unsuitable for recycling Vegetative Material means source-separated material which consists solely of vegetative waste such as fruits, vegetables and grains, that is produced from food preparation activities at, but not limited to: grocery stores; fruit or vegetable canning; freezing or preserving operations; and food or beverage processing establishments.

4 WHAT ARE THE REGULATORY REQUIREMENTS FOR COMPOSTING FACILITIES?

5 SOLID WASTE REGULATIONS APPLY EXEMPTIONS Composting facilities are solid waste handling facilities and require SITE ASSIGNMENT unless CONDITIONALLY EXEMPT from site assignment regulations 310 CMR Exempt Status is pursuant to a DETERMINATION OF NEED from Site Assignment (DON) procedure 310 CMR 16.06

6 GETTING STARTED: How is Your Existing Compost Operation Approved? Exempt with Registration MassDEP Department of Agriculture Determination of Need (DON) Site Assignment and Permitting REVIEW YOUR APPROVAL!!

7 COMPOST SITE INSPECTIONS Routine Inspections Complaints Inspections MassDEP & Boards of Health Responding to Local Noise, Odor & Dust Complaints Permitting Inspections New Operations or Modifications Technical Assistance

8 WHAT DOES MASSDEP LOOK FOR Are you following your approval? Are you taking materials not approved? Odors (off-site & on-site) Vectors, dust and noise Windrows and pads Speculative accumulation Incoming loads Sensitive area impacts

9 BE PREPARED! Any problems, complaints what have you done in response? How often are you turning Windrows? Are your final products moving? Complaint inspection what were you doing when the complaint was filed? Windrow turning, grinding, screening etc. Meteorological conditions Ideal vs. Reality (Common Sense) All problems are not violations

10 ENFORCEMENT Why enforcement Compel Compliance Punish violators, deter violations by others Promote level playing field Notices of Noncompliance written notice alleging noncompliance Higher-Level Enforcement Rescind, Suspend, Revoke or Modify Permit, Site Assignment Referral to Attorney General Office

11 ODOR AS A NUISANCE On-site versus Off-site MassDEP s Odor Protocol: Odor Intensity (0-5 Scale) - 5 Property Line Odor Characteristic Duration Frequency

12 COMMON SOURCES OF ODORS Incoming Loads Prevention: customer communication, reject odorous loads Windrow Prevention: time temperature moisture, maintain windrow size and spacing, maintain pad, control ponding, wind sock Grinding and Screening

13 OTHER COMMON SOURCES OF COMPLAINTS Noise Dust Wetlands Truck Traffic Activity (perception)

14 RESOURCES Policy: Control of odorous gas at MA landfills, 9/2007, Appendix E Protocol for the Assessment of Off-Site Landfill Odors MassDEP Enforcement Tools: Enforcement Response Guide (ERG), a framework for enforcement decisions MassDEP regulations

15 CONTACTS Southeast Regional Office: David B. Ellis ( ) Central Regional Office: Lynne Welsh ( ) Northeast Regional Office: John Carrigan ( ) Western Regional Office: Dan Hall ( ) Boston Office: Sumner Martinson ( )

16 Contact information Sumner Martinson Director, Composting Program Massachusetts Department of Environmental Protection Bureau of Waste Prevention, Consumer Programs 1 Winter St. 7 th Fl. Boston, MA Telephone: (617) Fax: (617) sumner.martinson@state.ma.us