N.M. Admin. Code § 20.9.3.28

Current through Register Vol. 35, No. 17, September 10, 2024

Section 20.9.3.28 - ADDITIONAL REGISTRATION REQUIREMENTS FOR COMPOSTING FACILITIES THAT ACCEPT GREATER THAN 25 TONS PER DAY COMPOSTABLE MATERIAL OR GREATER THAN 5 TONS PER DAY OF MATERIAL THAT WOULD OTHERWISE BECOME SPECIAL WASTE

A. Any person operating or proposing to operate a composting facility that accepts greater than 25 tons per day annual average compostable material or greater than 5 tons per day annual average of material that would otherwise become special waste (e.g. sludge, offal, petroleum contaminated soils), shall submit the following information in addition to that contained in 20.9.3.27 NMAC:

(1) site plans and cross-sections of the proposed facility, drawn to scale, indicating the location of buildings, access roads, entrances and exits, drainage, material storage and treatment areas, utilities, fences and other site improvements;

(2) the composition of the waste to be received at the facility;

(3) the method to be used to convert the waste into a feedstock for the composting process, including material separation and recovery systems;

(4) a characterization of the feedstock used as the design basis of the facility which describes:

(a) composition by material type;

(b) physical and chemical properties including:

(i) moisture content; and

(ii) percent organic and inorganic matter; and

(iii) process efficiency as measured by conversion of volatile solids;

(5) a description of the composting process to be used, including:

(a) the method of measuring, shredding, and mixing materials;

(b) temperature monitoring equipment and the location of all temperature and any other type of monitoring points, and the frequency of monitoring;

(c) the method of moisture control, including moisture quantity, source, monitoring and frequency of monitoring;

(d) a description of any proposed additive material, including its quantity, quality, and frequency of use;

(e) special precautions or procedures for operation during high wind, heavy rain, snow and freezing conditions;

(f) estimated composting time duration;

(g) for windrow systems, the windrow construction, including width, length, and height;

(h) the method and frequency of aeration; and

(i) for in-vessel composting systems, a process flow diagram of the entire process, including all major equipment and flow streams;

(6) a general description of the ultimate use for the finished compost and method for removal from the site;

(7) for composting facilities accepting sewage sludge, a plan for compliance with 40 CFR Part 503, including, but not limited to, reporting, composting methods and times, and testing methods and frequencies; and

(8) a demonstration that the ground water will be protected and will comply with all applicable ground water protection standards, including those specified in 20.6.2 NMAC.

B. The owner operator of a composting facility that is designed to or does accept more than 5 tons per day annual average of material that would otherwise be special waste or more than 25 tons annual average of total compostable material per day shall submit a nuisance abatement plan detailing how it will comply with Subsection E of 20.9.3.28 NMAC if so ordered.

C. The owner operator of a composting facility that is designed to or does accept more than 5 tons per day annual average of material that would otherwise be special waste or more than 25 tons annual average of total compostable material per day shall submit a financial assurance mechanism in compliance with 20.9.10.1- 20.9.10.13 NMAC, in order to assure sufficient funds in the event that the secretary requires abatement of a nuisance at the facility. The financial assurance mechanism must be approved by the secretary prior to the operation of the facility.

D. The owner or operator of a composting facility that is designed to or does accept more than 5 tons per day annual average of sludge or more than 25 tons of total compostable material per day annual average shall keep records sufficient to demonstrate that its inventory of compostable material or end product does not exceed the inventory used for purposes of estimating the cost of abatement of a nuisance pursuant to Paragraph (2) of Subsection A of 20.9.10.9 NMAC. If the records are insufficient to make this demonstration, or the records are not produced at the request of the department, storage of the materials are hereby deemed illegal disposal of solid waste and the facility is hereby deemed to be an unpermitted solid waste facility and the owner or operator may be subject to penalties, permitting requirements and nuisance abatement orders.

E. Owners and operators of composting facilities that accept greater than 25 tons per day annual average of compostable material or greater than 5 tons per day of what would otherwise be special waste shall comply with the following requirements when ordered by the secretary for the purpose of abating nuisance:

(1) cleanup and disposal of all compostable material;

(2) cleanup and disposal of all end product from the composting facility; and

(3) cleanup and disposal of all fugitive trash, solid waste, or other materials creating a nuisance at the facility.

N.M. Admin. Code § 20.9.3.28

20.9.3.28 NMAC - N, 08/02/07; A, 07/30/11