Section 250-RICR-140-05-8.5 - Large-Scale Leaf and Yard Waste Composting Facility -Registration RequirementsA. General 1. § 8.5 of this Part and its sub-paragraphs apply to leaf and yard waste composting facilities that will have on site (at one or more times during their existence) greater than 600 cubic yards of the combination of collected uncomposted feedstock and feedstock that has been placed into a composting process, excluding finished compost. Before constructing a composting facility and commencing leaf and yard waste composting, an owner or operator of a new leaf and yard waste composting facility shall register such facility with the Office of Land Revitalization and Sustainable Materials Management of the Department of Environmental Management (DEM) and obtain from the DEM a written approval that such registration is complete.2. An owner or operator of an existing leaf and yard waste composting facility shall register such facility with the Department. (Part 1 of this Subchapter.) The registration and one copy thereof shall be delivered personally or by mail to the Office of Land Revitalization and Sustainable Materials Management within the Department of Environmental Management.3. It is the responsibility of the applicant to obtain all necessary permits or approvals required by federal, state, and local laws and regulations. Cooperation with the Office of Land Revitalization and Sustainable Materials Management will not be construed as relieving the applicant of this obligation.4. Agricultural Composting Facilities will be permitted through the Division of Agriculture of the Department of Environmental Management.5. Composting of seaweed at leaf and yard waste composting facilities may be allowed with prior approval from the Department.6. The applicant shall also meet the general requirements in § 1.5 of this Subchapter.B. Elements of Registration 1. The registration of a leaf and yard waste composting facility includes submittal to DEM of the following: a. Initial Investigation Plans, per § 8.5(C) of this Part;b. Facility background information, per § 8.5(D) of this Part;c. Facility operating plan, per § 8.5(E) of this Part;d. Additional information, per § 8.5(F) of this Part.C. Initial Investigation Plans Copies of the latest United States Geological Topographic Map and the United States Department of Agriculture Soil Survey Map, with the site outlined and a site sketch (using a tax assessor's map that shows the property lines) with the major components of the composting facility labeled and dimensioned, must be submitted to the Department.
D. Background Information 1. Notwithstanding the provisions of § 8.5(A) of this Part, an owner or operator of a leaf and yard waste composting facility shall be considered by DEM to be in compliance if, within ninety (90) days of the effective date of this regulation, such owner or operator has submitted to the Department the following information with respect to such facility: a. Name, business address, and business telephone number of the facility's owner and the owner of the land on which the facility is located;b. Location of the facility (address);c. Acreage of the property on which the facility is located;d. Volume of leaves and/or yard waste composted, or expected to be composted, annually;e. Acreage of area used, or to be used, for a composting pad, leaf and/or yard waste processing activities, and storage of leaf and/or yard waste compost;f. Name of individual to be the primary contact with the Department;g. Name, business address, and business telephone number of any engineer or other consultant employed or retained to design and/or oversee construction and/or operation of the facility.E. Operating Plan 1. An operation and maintenance plan setting forth, but not necessarily limited to: a. A description of any agreements affecting the control, use or operation of the facility;b. Operating days and hours;c. Procedures and processes for leaf and/or yard waste composting;d. Description of prevailing winds during the various seasons of the year with respect to impacts on off-site receptors and procedures to control odors, dust, vectors, and litter;e. Provisions for daily record keeping of weather conditions, wind direction, ambient air temperature, odor, dust, vector and litter issues, condition of compost pad, windrow monitoring and corrective actions needed and taken;g. Erosion, sedimentation and surface drainage control measures;h. Methods and procedures for fire prevention and control;i. End uses or markets for leaf and/or yard waste compost generated at the facility;j. A plan for quality assurance/quality control of finished compost, which also includes compost sampling and analysis details;k. A plan identifying the disposal method for waste received, in the event that the waste is contaminated (or becomes contaminated) with prohibited materials such as oil, hazardous waste, etc. or if the waste cannot be placed into a composting process in an acceptable time period per § 8.6(R) of this Part.F. Additional Information The applicant shall submit such additional information relevant to the facility that the Department deems appropriate.
G. Re-Registration 1. Each owner or operator of a registered leaf and yard waste composting facility shall re-register such facility with the Department, if any of the following occurs: a. The annual volume of leaves and yard waste to be composted at the facility increases by twenty (20) percent of the annual volume indicated in the current registration;b. The design of the facility, or procedures or processes for leaf and yard waste composting are modified;c. There is a change in the identity of the facility's owner or operator or site location.H. Registration Suspension or Revocation The Department may suspend or revoke a facility's registration due to owner/operator failure to comply with applicable Parts of this Title.
250 R.I. Code R. 250-RICR-140-05-8.5
Amended effective4/22/2020