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1 PDF Version [Printer-friendly - ideal for printing entire document] PRODUCTION AND USE OF COMPOST REGULATION [REPEALED] published by DISCLAIMER: These documents are provided for private study or research purposes only. Every effort has been made to ensure the accuracy and completeness of the material; however, cannot guarantee its legal accuracy and does not accept responsibility for loss or inconvenience suffered by users as a result of inaccuracies. The material is not admissible in a court of law in accordance with the Evidence Act of British Columbia. For such purposes official Queen s Printer copies of Acts and regulations must be obtained.

2 PRODUCTION AND USE OF COMPOST REGULATION [REPEALED] B.C. Reg. 334/93 [REPEALED Feb. 5, 2002 by B.C. Reg. 18/2002] [includes B.C. Reg. 340/93 amendments (effective Jan. 1, 1994)] Contents -- Sections Definitions 2. Application 3. Yard waste 4. Prohibitions 5. Site design standards 6. Site location 7. Storm water and leachate management 8. Design criteria -- Sections Operating criteria for municipal solid waste composting facilities 10. Testing, recording and reporting 11. Analysis of compost 12. Classification of compost types 13. Compost use restrictions 14. Cumulative application limits 15. Request for individual exemption 16. Offence and penalty SCHEDULE 1 Compost Product Sampling Procedure SCHEDULE 2 Analyses of Compost SCHEDULE 3 Classification of Compost Types SCHEDULE 4 Cumulative Application Limits [Provisions of the Waste Management Act, RSBC 1996, c. 482, relevant to the enactment of this regulation: section 57 (3) (b), (c) and (r) and (4)] Page 2 of 20

3 -- Sections Definitions 1. In this regulation: "200 year flood plain" means land on which the chance of a flood occurring in any given year is at least one in 200; "Act" means the Waste Management Act; "backyard composting" means the composting at a residential dwelling site of organic solid waste, including grass clippings, leaves or food waste, where (a) the waste is generated by the residents of the dwelling unit or neighbouring dwelling units or both, and (b) the annual production of the compost does not exceed 20 cubic metres; "compost" means a product of composting which is used or sold for use as a soil amendment, artificial topsoil or growing medium or for some other application to land in accordance with this regulation; "composting" means the biological decomposition of organic materials, substances or objects under controlled circumstances to a condition sufficiently stable for nuisance-free storage and safe use in land applications; "composting facility" means a municipal solid waste management facility or a yard waste management facility where the waste is processed using composting technology which may include physical turning, windrowing, in-vessel static pile aeration, or other mechanical handling of organic matter; "curing area" means an area where organic material that has undergone the rapid initial stage of composting is further stabilized into a humus-like material; "foreign matter" means the organic and inorganic constituents in solid waste that may be present in the compost and are not readily decomposed, including metal, glass, plastic, rubber, bones and leather, but does not include sand, grit, small stones or other similar materials; "land reclamation" means the restoration to land of productivity which has been impaired through processes such as erosion, mining or land clearing; "mesophilic stage" means a biological stage in the composting process characterized by active bacteria which favour a moderate temperature range of 20 to 45C that occurs late in a composting process, after the thermophilic stage, and is associated with a moderate rate of decomposition; "pathogen" means an organism capable of causing disease in people, plants or animals; "reduction of organic matter content" means the reduction of the organic matter content of the feedstock of the composting process compared to the organic matter content of the compost product, as determined in Schedule 2; Page 3 of 20

4 "stabilized", with reference to compost, means (a) the compost has at least passed through the thermophilic stage, (b) biological decomposition of the waste has occurred to a sufficient degree that the compost has beneficial value to plant growth, and (c) the compost can be stored, handled and used without giving rise to odour or self-heating problems, even if it should become wet; "thermophilic stage" means a biological stage in the composting process characterized by active bacteria which favour a high temperature range of 45 to 75C that occurs early in a composting process, before the mesophilic stage, and is associated with a high rate of decomposition; "vector" means a carrier organism that is capable of transmitting a pathogen from one facility or waste source to another source, facility, product or organism; "yard waste" means vegetative matter resulting from gardening, horticulture, landscaping or land clearing operations, including materials such as tree and shrub trimmings, plant remains, grass clippings, trees and stumps, but does not include demolition waste, contaminated organic matter or significant amounts of animal feces. Application 2. (1.) This regulation, except sections 3 and 4, does not apply to the operator of a yard waste compost facility with an annual production of finished compost of less than m3. (2.) This regulation does not apply to (a) facilities for composting sewage sludge authorized under a liquid waste management plan, operational certificate, permit or approval, (b) backyard composting activities, or (c) an agricultural waste composting operation that uses yard waste for the purposes of composting agricultural waste in accordance with B.C. Reg. 131/92, the Agricultural Waste Control Regulation. (3.) Sections 4 to 15 apply to (a) all composting facilities that process municipal solid waste, and (b) yard waste facilities that produce more than m3 of compost per year. (4.) Nothing in this regulation relieves a municipal solid waste operation from complying with applicable federal, provincial or municipal requirements regarding sludge management. (5.) A person who produces or uses compost in accordance with this regulation is exempt from section 3 (2) and (3) of the Act. Yard waste 3. (1.) Every operator of a yard waste composting facility must notify the manager in writing before beginning operation of the facility. (2.) The notification under subsection (1) must include the facility location, name of the contact person, facility design capacity, type of waste received, intended distribution of the finished product, and a personnel training program plan that addresses the specific training needed to operate a compost facility in compliance with this regulation. (3.) Every yard waste composting facility must meet the following operation requirements: Page 4 of 20

5 (a) (b) (c) (d) (e) (f) (g) (h) the facility must be managed in a way that minimizes odour generation; surface water must be kept from composting and storage areas; the composted yard waste must be produced by a process that requires turning the pile on a periodic basis to aerate the yard waste, maintaining optimum temperatures and reducing pathogens; the composted yard waste under paragraph (c) must contain no sharp objects greater than 25 mm in diameter; by-products, including residuals and recyclables, must be stored in a manner that prevents vector and visual problems, and materials that are not suitable for composting must be removed at least once per week if volumes exceed 15 m3; windrows must be positioned and protected to prevent runoff transporting organic material away from the operation area and into nearby surface water; the space provided between the piles must allow access to vehicles, including fire fighting equipment; at least half of the compost stored at the facility must be removed from the site during each year, beginning in the third year after facility startup. (4.) The manager may specify parameters to be analyzed based on the potential presence of pathogens or toxic substances. (5.) Composted yard waste classified as Type Y under Schedule 3 can be offered for unrestricted distribution. (6.) Every operator of a yard waste composting facility must submit to the manager an annual report that includes the type and quantity, by weight or volume, of compost removed from the facility and a description of the end-product distribution. Prohibitions 4. Compost must not be used as fill material in a natural or artificial body of water or a dewatered pit. Site design standards 5. (1.) Every composting facility site must be designed and operated with the necessary features and appurtenances to maintain a clean and orderly operation. (2.) The minimum features and appurtenances required under subsection (1) are as follows: (a) an effective barrier to control animal intrusion, unauthorized entry and dumping into the facility site; (b) an all-weather access road to the site; (c) signs indicating traffic routing, the name of the operating authority, the contact person and the emergency telephone number, and, if the facility receives municipal solid waste, the signs must also indicate the hours of operation and applicable charges; (d) a dust control system; (e) a litter control system; (f) fire protection and control provisions to deal with accidental burning of wastes or compost at the facility; (g) a device, method or practice for odour control; (h) a storm water and leachate management system to protect the local surface and ground water quality; (i) flood protection if the site is within a 200 year floodplain. Page 5 of 20

6 Site location 6. (1.) The distance between the composting operation and a surface water body such as a river, stream, lake, marsh or estuary must be not less than 100 m. (2.) The distance between the composting operation and the property boundary must be not less than 50 m of which the 15 m closest to the property boundary must be reserved for natural or landscaped screening (berms or vegetative screens). Storm water and leachate management 7. (1.) Adequate provisions must be incorporated in the site design to prevent run-off water from entering the receiving, processing, composting, curing or storage areas. (2.) Storm water or other water which comes into contact with the waste being received, processed, composted, cured or stored, or which mixes with leachate, is considered to be leachate and may be reused in the composting process. (3.) The water described under subsection (2) which leaves the site must comply with a permit or approval issued under the Act. (4.) The composting site must be graded to minimize the ponding of water where waste or compost is received, processed, cured or stored. Design criteria 8. (1.) A composting facility must not be constructed, operated, expanded or modified without first being approved in writing by the manager with respect to the design plans and specifications of the proposed works. (2.) The design plans and specifications must include, as a minimum, the following details: (a) the design capacity of the facility; (b) permissible type and source of the municipal solid waste to be received; (c) the formulation of any additives to be used in the production of compost and substantiation that no adverse impacts to the environment will result from the use of the additives; (d) designation of trained personnel responsible for the operation and maintenance of the facility; (e) proposed equipment; (f) a personnel training program plan that must address the specific training needed to operate the compost facility in compliance with this regulation; (g) the means of controlling the type of waste received at the site, the inspection procedures and the policy to be followed if unauthorized waste is discovered; (h) the means of weighing or measuring incoming waste and outgoing compost; (i) vehicle traffic control and unloading; (j) the method and sequence of processing the waste; (k) the operation of leachate and storm water controls; (l) the designation of permitted backup receiving and disposal areas; (m) contingency operations including reserve or alternative equipment, or alternative waste handling and disposal methods in case of emergency such as a natural disaster, equipment failure or receipt of unauthorized materials. (3.) In addition to the design specifications under subsection (2), the following conditions apply: (a) waste receiving, storage, processing and curing areas must be located on surfaces such as asphalt or concrete to minimize release of leachate into ground Page 6 of 20

7 (b) (c) (d) (e) water; the surfaces required under paragraph (a) must be capable of withstanding wear and tear from normal operations; the facility must have a leachate collection and removal system designed, constructed, maintained and operated to collect and remove leachate from the waste receiving, storage, reuse or processing and curing areas; washdown from equipment and areas under paragraph (c), and storm water coming into contact with solid waste or compost in those areas, is considered to be leachate; leachate must be reused in the process or treated in a leachate treatment system to meet applicable standards at the point of discharge as specified in a permit or approval issued under the Act. Page 7 of 20

8 -- Sections Operating criteria for municipal solid waste composting facilities 9. (1.) The following operational requirements apply to municipal solid waste composting facilities: (a) the design features required by sections 5 to 8 must be properly operated and maintained; (b) the facility must be operated in a manner that adequately controls vectors and odours; (c) a trained attendant must be on duty during hours when the waste is received; (d) finished compost must not be contaminated with incoming waste; (e) at least half of the compost stored at the facility must be removed from the site during each year, beginning in the third year after facility startup; (f) the amount of compost stored at the facility must not exceed the designed storage capacity; (g) by-products, including residuals and recyclables, must be stored to prevent vector intrusion and esthetic degradation, and non-compostable material must be removed at least once per week if volumes exceed 15 m3; (h) before compost is removed from the composting facility, the compost must be processed to reduce pathogens by heating the material to a temperature of 55C for at least 3 days using one of the following methods: (i) the windrow method, consisting of an unconfined compost process involving periodic aeration and mixing of the compost pile, with a temperature of not less than 55C maintained for at least 15 days and not fewer than 5 turnings of the windrow made during the high temperature period; (ii) the static aerated pile method, consisting of a compost process involving mechanical aeration of the compost pile, with the compost pile insulated and a temperature of not less than 55C maintained throughout the compost pile for at least 3 consecutive days; (iii) the enclosed vessel method, consisting of a confined compost process involving mechanical mixing of compost under controlled environmental conditions, with a temperature of not less than 55C maintained for at least 3 consecutive days during the composting process; (i) after using any of the methods described under paragraph (h) and before the compost is removed from the composting facility, the compost must be retained in a curing pile for at least 21 days following the active composting period; (j) the temperature and retention time for the material being composted must be monitored and recorded each working day, and these records must be kept for at least 3 years and made available for inspection by an officer. (2.) If a composting facility ceases operation, all residuals, unprocessed waste, compost product and recyclable material must be removed from the site and recycled or disposed of in accordance with the requirements of the manager. Testing, recording and reporting 10. (1.) Before compost is removed from the composting facility, the compost product must be Page 8 of 20

9 sampled and analyzed as set out in Schedule 1. (2.) Every owner or operator of a composting facility must record and maintain for 3 years the following information with respect to the facility s activities for each month of operation: (a) results of compost analysis; (b) the quantity, type and source of waste received; (c) the quantity and type of waste processed into compost; (d) the quantity and type of compost produced by product classification; (e) the quantity and type of compost removed for use or disposal, by product classification, and the market or authorized disposal facility. (3.) Information records must be available for inspection by an officer during normal business hours and must be sent to the manager upon request. (4.) Every owner or operator of a composting facility must submit to the manager, on or before June 1 in each year, a report for the previous year s operation. (5.) The report under subsection (4) must include the following information: (a) the total quantity, in tonnes, and the type of waste received at the facility during the year covered by the report; (b) the total quantity, in tonnes, and the type of waste processed into compost at the facility during the year covered by the report; (c) the total quantity, in tonnes, and the type of compost produced at the facility, by product classification, during the year covered by the report; (d) if the compost was for use during the year covered by the report, the total quantity, in tonnes, and the type of compost removed for use or disposal from the facility, by product classification, and a general description of the market; (e) the locations where compost products classified as having heavy metal concentration codes 2, 3 or 4, as specified in Schedule 2, have been disposed of or used. Analysis of compost 11. Compost must be analyzed based on the type of waste processed, foreign matter content, heavy metal concentrations and ph, all as specified in Schedule 2. Classification of compost types 12. (1.) Before compost is removed from the composting facility, compost derived from municipal solid waste must be classified as specified in Schedule 3. (2.) Information respecting compost classification and its use restrictions must be made available to potential users of compost. Compost use restrictions 13. Subject to a demonstration to the satisfaction of the manager that no environmental impact will occur from more liberal use of compost, the use of the compost is restricted to the following: (a) compost classified as types Y or A has unrestricted distribution and may be applied on agricultural lands, in home gardens, horticultural operations, parks, the nursery industry and other businesses requiring a high quality product; (b) compost classified as type B must only be applied to forested land or in parks, or used in non-food applications in the horticultural nursery industry and land Page 9 of 20

10 (c) (d) reclamation projects with limited potential for public contact; compost classified as type C must only be applied to commercial land, industrial land and land reclamation projects with limited potential for public contact; compost classified as type D must only be disposed of in an authorized landfill. Cumulative application limits 14. (1.) The maximum acceptable cumulative addition of heavy metals that can be applied to a site is as specified in Schedule 4. (2.) For applications where repeated use of the compost can be expected, such as agricultural applications, the amount of heavy metal applied to soil must not be more than one-tenth of the amount specified per hectare per year under subsection (1). (3.) For applications where repeated use of the compost is not expected, such as land reclamation or as a soil amendment on highway medians, the amount specified under subsection (1) may be applied within a one year period. (4.) If a person who wants to apply compost to the soil can demonstrate, through analysis of the cation exchange capacity and other physical and chemical characteristics of the receiving soil, that a higher application rate will provide an equal degree of protection to the public and the environment and will produce soil conditions that comply with the Canadian Interim Environmental Quality Criteria for Contaminated Sites, Report CCME EPC-C534, September 1991, as amended from time to time, the manager may approve that application rate under section 15. (5.) Compost must not be used in a manner that endangers public health and safety or the environment. Request for individual exemption 15. (1.) An operator of a composting facility may make a request to the manager for an exemption from one or more of the provisions of this regulation and may request approval of alternative feedstocks, procedures and requirements. (2.) The request under subsection (1) must be in writing and must set out, at a minimum, the following information: (a) the specific facility for which the exemption is sought; (b) the specific provisions from which exemption is sought; (c) the basis for the exemption; (d) the alternative procedure or requirement for which approval is sought and a demonstration that the alternative procedure or requirement provides an equal degree of protection for the public and the environment; (e) a demonstration of the effectiveness of the proposed alternative procedure. (3.) The manager must (a) specify, by approval, waste management plan or operational certificate, each alternative procedure or requirement approved for an individual facility in accordance with this section, or (b) reject, in writing, the request made under subsection (1). Offence and penalty 16. (1.) A person who contravenes a section of this regulation, except section 9 (2) or 14 (5), commits an offence and is liable on conviction to a fine not exceeding $ Page 10 of 20

11 (2.) A person who contravenes section 9 (2) or 14 (5) commits an offence and is liable on conviction to a fine not exceeding $ Page 11 of 20

12 Quickscribe Services Limited Page 1 of 2 SCHEDULE 1 Compost Product Sampling Procedure [en. B.C. Reg. 340/93.] (Section 10 (1)) 1. The compost product must be sampled and analyzed as follows: (a) A sample of compost produced at each composting facility must be analyzed at intervals of at least every tonnes of compost produced or every 3 months, whichever comes first, for: Parameter Total Nitrogen Total Phosphorus Total Potassium Maturity ph Unit % dry weight % dry weight % dry weight C or % dry weight standard units Foreign Matter % Arsenic Cadmium Chromium Cobalt Copper Lead Mercury Molybdenum Nickel Selenium Zinc (b) The manager may decrease or increase the number of parameters to be analyzed and the frequency of analysis based on monitoring data, changes in the waste stream or processing techniques, effectiveness of source separation programs, or the potential presence of toxic substances. (c) Sample collection, preservation and analysis must assure valid and representative

13 Quickscribe Services Limited Page 2 of 2 results. Composite samples must consist of at least 3 individual samples of equal volume taken from locations sufficiently spaced to be representative of the entire pile. Each sampling point must be at a depth of 60 centimetres into the pile from the outside surface. Analytical results must be submitted to the appropriate office of the Ministry of Environment, Lands and Parks within 60 days of sample collection. (d) The samples must be analyzed in accordance with the Laboratory Manual for the Chemical Analysis of Waters, Waste Waters, Sediments and Biological Materials (1976 edition including updates) or by a methodology approved by a director. B.C. Reg. 334/93 [REPEALED] Waste Management Act [repealed] PRODUCTION AND USE OF COMPOST REGULATION SCHEDULE 1 Compost Product Sampling Procedure

14 Quickscribe Services Limited Page 1 of 2 SCHEDULE 2 Analyses of Compost [en. B.C. Reg. 340/93.] (Sections 10 (5) (e) and 11 (1)) 1. In this regulation, (a) reheating of compost shall be determined by the following: (i) the compost shall be aerated and formed into a pile no smaller than 2 metres in diameter and 1.5 metres high with the compost having a moisture between 35% and 60%; (ii) 3 days after the pile has been formed, the temperature of the compost shall be measured at a depth of 60 cm into the pile from the outside surface of the pile, and (b) reduction of organic matter content is determined as a percent of the original amount contained in the feedstock using the following calculation: %A(100 - %B) %Reduction = [ 1 - %B(100 - %A) ] x 100 where %A = % organic matter content of dry matter after decomposition, and %B = % organic matter content of dry matter before decomposition. 2. The following characteristics of compost must be specified: (a) Foreign matter content by dry weight must be classified within one of the following categories: (i) < 1%; (ii) > 1% but < 2%; (iii) > 2% but < 10% (b) Heavy metal concentrations, expressed in, determine the appropriate use classification code; if any one parameter falls in a higher concentration grouping, the code for that higher grouping will apply. Concentration Codes Arsenic < 13 > > > 50 Cadmium < 2.6 > > 5-20 > 20 Chromium < 210 > > > 800 Cobalt < 26 > > > 300 Copper < 100 < 100 > > 500 Lead < 150 > > > 1000

15 Quickscribe Services Limited Page 2 of 2 Mercury < 0.8 > > 2-10 > 10 Molybdenum < 5 > 5-10 > > 40 Nickel < 50 > > > 500 Selenium < 2 > > 3-10 > 10 Zinc < 315 > > > 1500 (c) The ph must range between 5.0 and 8.0. B.C. Reg. 334/93 [REPEALED] Waste Management Act [repealed] PRODUCTION AND USE OF COMPOST REGULATION SCHEDULE 2 Analyses of Compost

16 Quickscribe Services Limited Page 1 of 1 SCHEDULE 3 Classification of Compost Types [en. B.C. Reg. 340/93.] (Section 12) 1. Compost derived from municipal solid waste must be classified as follows: (a) Type Y is compost made from yard waste alone. (b) (c) (d) (e) Type A is compost made from municipal solid waste and is mature. Foreign matter constitutes less than or equal to 1% by weight and the metal concentration falls under Code 1. No foreign matter, such as glass or metal shards, is of a size and shape that can cause injury. Type B is compost made from municipal solid waste and is mature. Foreign matter constitutes less than or equal to 2% by weight and the metal concentration falls under Codes 1 or 2. Further, it contains no foreign matter, such as glass or metal shards, of a size and shape that can cause injury. Type C is compost made from municipal solid waste and is mature. Foreign matter constitutes less than or equal to 10% by weight and the metal concentration falls under Codes 1, 2 or 3. Further, it contains no foreign matter, such as glass or metal shards, of a size and shape that can cause injury. Type D is compost made from municipal solid waste. Foreign matter is greater than 10% by weight and the metal concentration falls under Code In section 1, "mature" means material that is highly stabilized, has been exposed to a long period of decomposition, is brown to black in colour and (a) will not reheat upon standing to greater than 20 C above ambient temperature, or (b) has shown a reduction of organic matter of greater than 60% by weight. Waste Management Act [repealed] B.C. Reg. 334/93 [REPEALED Feb. 5, 2002 by B.C. PRODUCTION AND USE OF COMPOST REGULATION Reg. 18/2002] [REPEALED] SCHEDULE 3 Classification of Compost Types

17 Quickscribe Services Limited Page 1 of 1 SCHEDULE 4 Cumulative Application Limits [en. B.C. Reg. 340/93.] (Section 14 (1)) 1. The maximum acceptable cumulative addition of heavy metals that can be applied to a site must be as follows: Heavy Metal Quantity kg/hectare Arsenic 15 Cadmium 4 Cobalt 30 Lead 100 Mercury 1 Molybdenum 4 Nickel 36 Selenium 2.8 Zinc 370 Waste Management Act [repealed] B.C. Reg. 334/93 [REPEALED Feb. 5, 2002 by B.C. PRODUCTION AND USE OF COMPOST REGULATION Reg. 18/2002] [REPEALED] SCHEDULE 4 Cumulative Application Limits