La. Admin. Code tit. 33 § VII-723

Current through Register Vol. 50, No. 8, August 20, 2024

Section VII-723 - Standards Governing Composting Facilities

A. Plans and Specifications

1. Facility plans, specifications, and operations represented and described in the permit application or permit modifications for all facilities shall be prepared under the supervision of and certified by a professional engineer, licensed in the state of Louisiana.

2. Levee Construction

a. Levees or other protective measures shall be provided in order to protect the facility against a 100-year flood.

b. The perimeter levees of all facilities shall be engineered to minimize wind and water erosion and shall have a grass cover or other protective cover to preserve structural integrity.

3. Leachate Management

a. Leachate produced in the composting process shall be collected and treated or disposed of at a permitted facility.

b. Leachate may also be reused in the composting process as a source of moisture.

B. Surface Hydrology. The topography of the facility shall provide for drainage to prevent standing water and shall allow for drainage away from the facility.

C. Facility Administrative Procedures

1. The permit holder shall submit an annual certification of compliance, as required by LAC 33:VII.525.

2. Recordkeeping

a. The permit holder shall maintain all records specified in the application as necessary for the effective management of the facility and for preparing the required reports for the life of the facility and for a minimum of three years after final closure. These records shall be maintained on-site for a minimum of three years. These records may be retained in paper copy or in an electronic format. Electronically maintained records shall be a true and accurate copy of the records required to be maintained. Records older than three years may be kept at an off-site location provided they are readily available to the administrative authority for review upon request. All permit applications and addenda (including those pertaining to prior permits) shall be maintained with the on-site records.

b. The permit holder shall maintain records of transporters transporting waste for processing at the facility. The records shall include the date of receipt of shipments of waste and the transporter's solid waste identification number issued by the administrative authority.

c. Records kept on site for all facilities shall include, but not be limited to:

i. copies of the applicable Louisiana solid waste rules and regulations;

ii. the permit;

iii. the permit application; and

iv. permit modifications.

3. Personnel

a. All facilities shall have the personnel necessary to achieve the operational requirements of the facility.

b. Type III facilities receiving solid waste 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.

D. Facility Operations

1. Facility Limitations

a. The receipt of hazardous waste shall be strictly prohibited and prevented. Any other wastes that present special handling problems may be excluded by the administrative authority.

b. The following types of wastes may be processed:

i.yard trash and woodwaste, as defined in LAC 33:VII.115;

ii.manure, as defined in LAC 33:VII.115;

iii.residential or commercial solid waste, as defined in LAC 33:VII.115;

iv. other materials deemed acceptable by the administrative authority.

c. The processing of infectious waste and asbestos waste shall be strictly prohibited and prevented.

d. No solid waste shall be deposited in standing water.

2. Facility Operational Plans. Operational plans shall be provided that describe in specific detail how the waste will be managed during all phases of processing operations. At a minimum, the plan shall address:

a. the route the waste will follow after receipt;

b. the sequence in which the waste will be processed within a unit;

c. the method and operational changes that will be used during wet weather (Particular attention shall be given to maintenance of access roads and to water management.); and

d. the recordkeeping procedures to be employed to ensure that all pertinent activities are properly documented.

3. Facility Operational Standards

a. The operation of composting facilities shall be by methods that result in the aerobic, biochemical decomposition of the organic material received.

b. The facility shall be designed and operated to control vectors, odors, dust, and litter.

c. The construction and turning frequency (if turning is necessary) of a composting facility shall be sufficient to maintain aerobic conditions and to produce a compost product in a time frame that is consistent with the level of technology employed and acceptable to the administrative authority.

d. In-vessel composting shall be conducted in accordance with the manufacturer's specifications and these regulations.

e. The following special requirements apply to facilities handling residential or commercial waste.

i. If the compost is to be used exclusively for application to non-food-chain cropland, the criteria for a process to significantly reduce pathogens (LAC 33:VII.3007.Appendix D.1) shall be met. Otherwise, the facility shall meet the criteria for the processes to further reduce pathogens and for vector attraction reduction (LAC 33:VII.3007.Appendix D.2 and 3009.Appendix E).

ii. The facility shall include the following components:

(a). a receiving area, mixing area, curing area, compost storage area, drying and screening areas, and truck wash area located on surfaces capable of preventing groundwater contamination and resistant to rutting caused by vehicular traffic (Periodic inspections of the surface shall be made to ensure that the underlying soils and the surrounding land surface are not being contaminated.);

(b). a runoff collection system;

(c). a leachate collection system; and

(d). on-site/off-site treatment systems.

f. The following parameters are to be monitored and recorded during the operation in the time frame specified below (The samples taken for the parameters listed below shall be representative of the compost unit.):

i. temperature, daily;

ii. process odors, daily;

iii. blower operation, daily; and

iv. other parameters as deemed appropriate by the administrative authority.

g. Compost shall be classified based on the type of waste processed, compost maturity, particle size, and organic matter. The following characteristics shall be used.

i. Compost Maturity

(a).Fresh Organic Matter-raw material before undergoing decomposition (or at beginning of process).

(b).Fresh Compost-organic matter that has been through the thermophilic stage and has undergone partial decomposition.

(c).Semimature Compost-compost material that is at the mesophilic stage.

(d).Mature Compost-a highly stabilized product that results from exposing compost to a prolonged period of humidification and mineralization, beyond the stage of maturity. Mature compost shall have been cured for at least 60 days after the mesophilic stage is complete. Minimum starting moisture content for curing semimature compost shall be above 45 percent (by weight) and shall be raised to this value if necessary.

(e). A plot of time versus temperature (to indicate that the temperature of the compost has stabilized over a period of time) or other acceptable methods may be used to determine the level of maturity of compost as defined in Subclauses D.3.g.i.(b)-(d) of this Section.

ii. Particle Size. Particle size shall be determined by using the screen size, listed in Subclauses D.3.g.ii.(a)-(c) of this Section, that the compost passed through. Organic matter content shall be determined by measuring the volatile solids content using the Environmental Protection Agency's (EPA's) approved methods.

(a).Fine: < 12 mm and organic matter 25 percent.

(b).Medium: < 15 mm and organic matter 30 percent.

(c).Coarse: < 30 mm and organic matter 35 percent.

iii. Moisture Content. In the finished compost, the moisture content shall not exceed 55 percent (by weight). The moisture content shall be determined by using EPA's approved methods.

iv. Concentration Levels. The concentration level of finished compost shall be as shown in the following table.

Metal Concentration Levels of Finished Compost (shown in mg/kg in dry weight)
Parameter	Category I	Category II
Arsenic	<41	41-75
Cadmium	<39	39-85
Copper	<1500	1500-4300
Lead	<300	300-840
Mercury	<17	17-57
Nickel	<420	420
Selenium	<100	100
Zinc	<2800	2800-7500

h. Finished Compost

i. The finished compost shall be sufficiently stable that it can be stored or applied to land without causing a health hazard or a detriment or nuisance to the environment as determined by the administrative authority.

ii. All distributed compost shall be accompanied with a label or leaflet that indicates, at a minimum, the type of waste from which the compost was derived, any restriction on the use of the product, and recommended application rates.

iii. Compost derived from residential or commercial waste shall meet the criteria of the processes to further reduce pathogens (LAC 33:VII.3007.Appendix D.2) or the process to significantly reduce pathogens (LAC 33:VII.3007.Appendix D.1) as provided in Clause D.3.e.i of this Section. Such compost shall not be offered for sale to or otherwise distributed to the general public unless it meets the criteria of the processes to further reduce pathogens and for vector attraction reduction (LAC 33:VII.3007.Appendix D.2 and 3009.Appendix E).

iv. Any compost made from solid waste that cannot be used pursuant to these regulations shall be reprocessed or disposed of in an approved solid waste facility.

v. Waste received at a composting facility shall be used as compost, sold as compost, or disposed of at a permitted disposal facility within 36 months after receipt.

vi. The sampling and testing methods shall be EPA's approved methods.

vii. Compost produced outside of the state of Louisiana and used or sold for use within the state shall comply with the requirements of these regulations.

viii. Classes of Finished Compost

(a).Class M1-compost that is made only from manure or manure with yard trash and/or woodwaste, which is mature or semimature, is fine or medium, and meets the metals concentrations of Category 1 of Clause D.3.g.iv of this Section. This compost shall have unrestricted distribution except as provided in Clause D.3.e.i of this Section.

(b).Class M2-compost that is made only from manure or manure with yard trash and/or woodwaste, which is mature or semimature, is fine or medium, and meets the metals concentrations of Category 2 (but not of Category 1) of Clause D.3.g.iv of this Section. This compost shall be restricted to use with non-food-chain crops.

(c).Class S1-compost that is made from solid waste other than only manure or manure with yard trash and/or woodwaste, which is mature, is fine, and meets the metals concentrations in Category 1 of Clause D.3.g.iv of this Section. This compost shall have unrestricted distribution except as provided in Clause D.3.e.i of this Section.

(d).Class S2-compost that is made from solid waste other than only manure or manure with yard trash and/or woodwaste, which is mature or semimature, is fine or medium, and meets the metals concentrations in Category 1 or Category 2 of Clause D.3.g.iv of this Section, but does not meet the requirements of Class S1 compost. This compost shall be restricted to use with non-food-chain crops and shall not be used in areas where public contact is likely, such as parks or recreation areas.

(e).Class YW-compost that is made only from yard trash and/or woodwaste, which is mature or semimature, and is fine or medium. This compost shall have unrestricted distribution except as provided in Clause D.3.e.i of this Section.

(f). All classes of compost shall be used in accordance with the maximum allowable metal loading limits and annual allowable metal loading limits provided in the following tables and are subject to the restrictions provided in Clause D.3.e.i of this Section. The following metal loading limits shall apply provided specific plant nitrogen uptake and other limitations are met.

Maximum Allowable Metal Loading Limits (lbs/acre)
Arsenic	37
Cadmium	35
Copper	1300
Lead	270
Mercury	15
Nickel	370
Selenium	89
Zinc	2500

Annual Allowable Metal Loading Limits (lbs/acre)
Arsenic	1.85
Cadmium	1.75
Copper	65
Lead	135
Mercury	0.75
Nickel	18.5
Selenium	4.45
Zinc	125

ix. Testing of Finished Compost. Composite samples of batches produced at compost facilities shall be analyzed, in accordance with SW-846, at intervals of every three months (see liquid waste, as defined in LAC 33:VII.115) for the following parameters:

(a). moisture;

(b). total nitrogen;

(c). total phosphorus;

(d). total potassium;

(e). pH;

(f). cadmium;

(g). copper;

(h). lead;

(i). nickel;

(j). zinc;

(k). arsenic;

(l). mercury;

(m). selenium; and

(n). appropriate parameters for pathogens and vector attraction reduction analysis.

4. Sufficient equipment shall be provided and maintained at all facilities to meet the facilities' operational needs.

5. Segregation of Waste

a. Composting facilities involving residential and commercial solid waste shall provide a waste-segregation plan and a recyclables separation program that shall be instituted prior to composting operations.

b. Wastes not intended for composting shall be removed from the facility to a permitted facility at least every seven days. Storage of wastes not intended for composting shall be in a closed container that prevents vector and odor problems. The facility shall maintain a log of dates and volumes of waste removed from the facility due to its inability to be composted.

c. Recyclable waste removed from the waste stream shall be stored in a manner that prevents vector and odor problems and shall be removed from the facility at least every 90 days. The facility shall maintain a log of dates and volumes of recycled waste removed from the facility.

6. Emergency Response Plan

a. If required under LAC 33:VII.513, an emergency response plan shall be filed with the closest fire department, emergency medical services (EMS) agency, hospital or clinic, and the Office of Environmental Services, after approval by the Louisiana state fire marshal. Any significant revision of the plan shall be approved and filed in the same manner. The plans shall be reviewed by the permit holder annually, and updated if necessary, or when implementation demonstrates that a revision is needed.

b. Training sessions concerning the procedures outlined in Subparagraph D.6.a of this Section shall be conducted annually for all employees working at the facility. A copy of the training program shall be filed with the Office of Environmental Services.

c. Requirements for Emergency Response Plan

i. The emergency response plan shall describe the actions facility personnel must take in response to accident, fire, explosion, or other emergencies.

ii. If the owner or operator has already prepared an emergency response plan or contingency plan, he need only amend that plan to incorporate solid waste management provisions that are sufficient to comply with these requirements as applicable.

iii. The plan must designate those fire departments or mutual aid societies, emergency medical services agencies, and hospitals with which the facility will coordinate emergency services.

iv. For fire departments or mutual aid societies, the applicable response requirement shall be that of operations level responder from the National Fire Protection Association, Standard 472, or other appropriate requirement from an applicable National Fire Protection Association standard. At least one person trained to this level shall respond in any incident requiring activation of emergency response services.

v. For emergency medical services (EMS), the response requirement shall be that of emergency medical technician - basic, or equivalent. At least one person trained to this level shall respond in any incident requiring activation of EMS.

vi. The plan must include a list of all emergency equipment (where required) at the facility, such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list and a brief outline of its capabilities.

vii. The plan shall include an evacuation plan for facility personnel. The plan must describe signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes.

viii. The plan shall include emergency notification procedures required in LAC 33:I.Chapter 39.

d. The provisions of this Paragraph shall not apply if the applicant demonstrates that he meets the response requirements of the applicable sections of the National Fire Protection Association standards, in accordance with LAC 33:VII.513.B.4.

E. Facility Closure Requirements

1. Notification of Intent to Close a Facility. All permit holders shall notify the Office of Environmental Services in writing at least 90 days before closure or intent to close, seal, or abandon any individual units within a facility and shall provide the following information:

a. the date of the planned closure;

b. changes, if any, requested in the approved closure plan; and

c. the closure schedule and estimated cost.

2. Closure Requirements

a. Insect and rodent inspection shall be performed and documented before closure, and extermination measures shall be provided if required as a result of the final inspection.

b. All remaining waste shall be removed to a permitted facility for disposal.

c. The permit holder shall verify that the underlying soils have not been contaminated in the operation of the facility. If contamination exists, a remediation/removal program developed to meet the standards of LAC 33:VII.713.E.4 and 6 shall be provided to the Office of Environmental Services. The Office of Environmental Services shall conduct a closure inspection to verify that the facility was closed in accordance with the approved closure plan.

3. Upon determination by the administrative authority that a facility has completed closure in accordance with an approved plan, the administrative authority shall release the closure fund to the permit holder. The permit holder shall submit a request for the release of this fund to the Office of Management and Finance.

4. Financial assurance shall be adequate to cover removal of the maximum inventory at any given time, including (if part of closure) the cost of dismantling and removal of materials and buildings, etc.

La. Admin. Code tit. 33, § VII-723

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended LR 20:1001 (September 1994), amended by the Office of the Secretary, LR 24:2252 (December 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2528 (November 2000), repromulgated LR 27:705 (May 2001), amended by the Office of Environmental Assessment, LR 30:2025 (September 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2496 (October 2005), LR 33:1069 (June 2007), LR 33:2150 (October 2007), LR 37:1567 (June 2011), LR 37:3254 (November 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.