This section 14 applies to all persons, local governing authorities, and municipalities who compost solid waste. Compliance with this Section 14 does not relieve any facility owner or operator from his/her obligation to comply with any other applicable federal, state or local statutes, regulations, requirements or ordinances.
Sections 1 and 2 of these Solid Waste Regulations are applicable to all solid waste composting facilities, unless specifically otherwise noted herein. For ease of use, this Section 14 includes those Section 2 requirements that usually apply to the operation of composting facilities; however, there may be unique features at a particular facility that trigger additional site-specific Section 2 requirements not referenced in this Section 14.
Facilities subject to this Section 14 must obtain a certificate of designation (CD) unless otherwise exempt per Section 30-20-102, C.R.S., or these Regulations. The CD will include, at a minimum, the engineering, design and operations plan (EDOP) for the facility required by this Section 14. Facilities that require a CD must follow the CD application process in Section 30-20-103, C.R.S., and these Regulations. See section 1.6 of these Solid Waste Regulations. Facilities subject to this Section 14, but exempt from the requirement to obtain a CD, must provide an EDOP to the Department for review and approval prior to implementation or maintain a Composting Plan onsite. Nothing in this section shall preclude any review action that may be required by the local governing authority under appropriate local ordinance or rule. See sections 1.3.9 and 1.4.1 of these Solid Waste Regulations.
Section 30-20-100.5(1)(a), C.R.S. provides that proper disposal of solid wastes is a matter of mixed statewide and local concern. Because a facility may also need to comply with applicable local requirements in addition to this Section 14, facilities should check with the local governing authority for their submittal, notification, and approval requirements. The phrase "Department and local governing authority approval, as appropriate," as used in this Section 14 acknowledges that the Solid
Waste Act and Regulations establish shared authority over solid waste. Facilities should review Title 30, Article 20, Part 1, C.R.S., and the Solid Waste Regulations to determine which authorities apply. Compliance with this Section 14 shall not relieve the facility owner or operator from the obligation to comply with the facility's CD and any other applicable federal, state or local statute, regulation, requirement or ordinance.
The categories described below are not intended to be all-inclusive, but rather are set forth to assist owners and operators in determining the appropriate classification of a proposed or existing composting facility. The Department recognizes that case-by-case determinations may be necessary concerning selection of an appropriate category for a particular feedstock. Accordingly, the Department may require that analytical and/or process information be supplied by the owner or operator to assist in making such determinations.
Type 1: Vegetative waste, and other materials determined by the Department to pose a low risk to human health and the environment.
Type 2: Animal waste, manure, source-separated organics, food residuals and food processing vegetative waste.
Type 3: Biosolids, mixed solid waste, processed solid waste and sludges and food processing residuals not covered in Type 2, fats, oils, greases, dairy manufacturing wastes, dissolved air flotation (DAF) skimmings, paunch and any other compostable material not covered in Type 1 or Type 2.
Prohibited Wastes: Composting facilities may not accept asbestos or asbestos containing materials, infectious waste, hazardous waste, Polychlorinated biphenyl waste or lead-acid batteries.
This Section 14 does not apply to the following:
Section 14.2 applies to any persons, local governing authorities, and municipalities who owns or operates a Class I composting facility. A Class I composting facility is a facility that:
The owner/operator of a Class I composting facility must operate the facility in accordance with their Department-approved registration, with their Composting Plan, and with the following operational requirements:
Section 14.3 applies to any persons, local governing authorities and municipalities who owns or operates a Class II composting facility. A Class II composting facility is a facility that composts Type 1 feedstocks and manure and has less than 50,000 cubic yards of feedstocks and in-process material onsite at any one time (finished compost does not count toward this total).
To control stormwater run on and run off during peak discharge from a 25-year, 24-hour storm event;
Class II composting facilities must comply with their Department-approved EDOP. The EDOP must include the following operation requirements:
Section 14.4 applies to any persons, local governing authorities, and municipalities composting Type 1, Type 2 and/or Type 3 feedstocks or other materials approved by the Department.
Class III composting facilities must comply with their Department-approved EDOP. The EDOP must include the following operation requirements:
Facilities shall comply with Section 2.1.2(C)(5) of these regulations. Facilities that compost Non-Exempt TENORM shall be registered and are subject to the following requirements and limitations, unless they are in compliance with alternative non-exempt TENORM management and disposal requirements approved by the Department under 6 CCR 1007-1, Part 20.9 and incorporated into the site EDOP:
Finished compost that exceeds the 5 pCi/g standard of 14.4.9.C.4. is considered to contain non-exempt TENORM. Finished Compost containing Non-Exempt TENORM shall be:
The compost facility shall not be closed and released for unrestricted use until:
TABLE 1
Maximum Constituent Concentration For Compost
Sold Or Distributed For Off-site Use
(mq/kq dry weiqht basis)
CONSTITUENTS | MAXIMUM LEVEL |
INORGANICS1(mg/kg) | |
Arsenic | 41 |
Cadmium | 39 |
Copper | 1500 |
Lead | 300 |
Mercury | 17 |
Nickel | 420 |
Selenium | 100 |
Zinc | 2800 |
BIOLOGICAL | |
Fecal coliform | see 14.6 (D) |
Salmonella | see 14.6 (D) |
1 Inorganic Methodology: Test Methods for Evaluating Solid Waste Physical/Chemical Methods (SW-846) Third Edition, December 1996: As, Cd, Cu, Pb, Ni, Se and Zn by Method 6010 or 7000. Hg by 7471. These documents are available for review at the Colorado Department of Public Health and Environment (See § 1.1.2 of these Regulations) and the State Publications Depository Libraries.
6 CCR 1007-2-14