Md. Code Regs. 26.04.11.09

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.04.11.09 - Composting Facility Operating Requirements

A. This regulation:

(1) Applies to composting facilities that are required to obtain a Composting Facility Permit under this chapter, and

(2) Establishes requirements that the composting facility operator shall meet in operating a composting facility.

B. Basic Operating Requirements.

(1) Composting Facility Operations Plan (CFOP).

(a) A composting facility shall have and follow a Department-approved CFOP that contains:

(i) A description of the operational procedures for the composting facility in order to comply with the requirements of this chapter;

(ii) A description of the methods, equipment, and feedstocks to be used;

(iii) A description of the movement of materials throughout the composting process, including a description of the locations to be used at the composting facility for receipt, active composting, curing, and storage phases.

(iv) A maximum capacity and annual throughput for the composting facility;

(v) A plan to prevent creation of nuisances, including nuisance odors and litter, and to respond to complaints;

(vi) A plan to prevent harborage and infestation of vectors;

(vii) A description of methods used to control contact water and stormwater;

(viii) An emergency preparedness plan for responding to and minimizing the occurrence of fires and releases;

(ix) A plan and procedure for monitoring temperature of each windrow or pile, including a procedure for demonstrating that the pathogen reduction requirements of §B(10) of this regulation are met;

(x) A plan and procedure for monitoring moisture during composting;

(xi) A plan for periodic inspection of the site by the facility operator or personnel, including inspection of the pad and any stormwater and contact water control measures;

(xii) A plan for periodic cleaning and maintenance;

(xiii) A description of the methods for handling unacceptable wastes delivered to the composting facility, including how they shall be identified, segregated, and handled before recycling or final disposal;

(xiv) Employee safety training requirements;

(xv) A description of procedures for recording and reporting incidents of noncompliance with this chapter;

(xvi) Methods used to prevent mud, soil, and debris from the composting facility from entering public roadways and a procedure for cleaning roads if necessary;

(xvii) A plan for disposal of product that does not meet quality or regulatory standards;

(xviii) For Tier 2 Facilities, a plan for determining whether the product is stable, meets the pathogen reduction requirements of §B(10) of this regulation, and is suitable for placement in the curing or compost storage area; and

(xix) A listing of the composting facility personnel that hold a composting operator certification issued by the Department of Agriculture under COMAR 15.18.04.03.

(b) The composting facility operator shall review the CFOP internally at least once per year and update the CFOP when there is a change in Certified Operators, procedures, or feedstocks.

(c) The composting facility operator shall ensure that a copy of the CFOP is available on site and shall make the CFOP available to the Department upon request.

(2) The composting facility operator shall complete and document training in the basics of composting facility operations in accordance with COMAR 15.18.04.03.

(3) The composting facility shall be maintained in a clean and sanitary condition, free of unsecured trash and non-compostable materials at the end of each operating day.

(4) The composting facility operator shall ensure that a copy of the current Composting Facility Permit is on site at all times.

(5) The composting facility, including the feedstock receipt, feedstock storage, active composting, curing, and compost storage areas, shall be maintained and repaired as needed.

(6) The composting facility operator shall ensure that the composting facility is in compliance with all local rules, regulations, and ordinances.

(7) Feedstocks shall be managed in a timeframe that prevents nuisance odors, unauthorized discharge of contact water, fire, and scavenging by vectors.

(8) Compost may not be stored on site longer than 12 months, unless approved by the Department on a case-specific basis and addressed in the CFOP.

(9) Non-compostable waste shall be removed or stored in a waste container or containment area, and then disposed at a permitted solid waste facility or recycled:

(a) Within the timeframe provided in the approved CFOP;

(b) As required by local regulating authority; and

(c) Whenever the container is full.

(10) Pathogen Reduction and Vector Attraction Reduction.

(a) The material being composted shall undergo the composting Process to Further Reduce Pathogens under 40 CFR Part 503, Appendix B, §(B)(1); and

(b) A Tier 2 facility shall implement a method to control vector attraction, including:

(i) The Vector Attraction Reduction method in 40 CFR § 503.33(b)(5); or

(ii) An alternative method specified in the CFOP, which may include a time and temperature combination or other management control.

(11) Any stormwater discharges associated with industrial activity, as defined in 40 CFR § 122.26(b)(14), shall be managed in accordance with:

(a) A NPDES permit issued by the Department;

(b) State and local stormwater requirements; and

(c) State and local erosion and sediment control requirements.

C. Additional Operating Requirements for Tier 2 Small Facilities.

(1) Type 2 feedstocks with free liquid shall be promptly mixed with drier feedstocks, bulking material, or compost so that the liquid is absorbed and not allowed to flow from the compost piles or windrows.

(2) By the end of each operating day, Type 2 feedstocks shall be processed into an active composting pile, transferred to leak-proof containment, or mixed with carbon-rich bulking material and covered in a manner that prevents nuisance odors and scavenging by vectors.

(3) Except for covered piles, a 6-inch layer of compost or carbon-rich material shall be placed over active composting piles by the end of the operating day on which they are formed and again after each time the piles are turned.

D. Additional Operating Requirements for Tier 2 Large Facilities.

(1) Any Type 2 feedstocks with free liquid shall be mixed with drier feedstocks, bulking material, or compost so that the liquid is promptly absorbed and not allowed to flow from the compost piles or windrows.

(2) Free liquid that is not absorbed by drier feedstocks is contact water and shall be directed to a containment system and managed in accordance with §D(4) of this regulation.

(3) By the end of each operating day, Type 2 feedstocks shall be processed into an active composting pile, transferred to leak-proof containment, or mixed with bulking material and covered in a manner that prevents nuisance odors and scavenging by vectors.

(4) Contact water shall be collected and contained in a collection basin, tank, or other containment system designed in accordance with Regulation .08F of this chapter before:

(a) Reuse on feedstock storage or active composting piles in accordance with the CFOP and in a manner that prevents contamination of materials that have met the pathogen reduction requirements of §B(10) of this regulation;

(b) Transport off site for treatment at a permitted facility; or

(c) Discharge under COMAR 26.08.01-.04.

Md. Code Regs. 26.04.11.09

Regulation .09 adopted effective 42:12 Md. R. 763, eff.7/1/2015