A. General § 8.6 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. Such leaf and yard waste facilities shall meet all requirements set forth in this rule in addition to the General Operating Standards in § 1.5 of this Subchapter.
B. Siting and Buffers 1. No leaf and yard waste composting facility shall be operated at any location unless at such location: a. There are at least two hundred (200) feet between the waste staging/storing, processing, curing, and finished compost storage areas of the facility and any surface water.b. There are at least one hundred (100) feet between the waste staging/storing, processing, and curing areas of the facility and the boundaries of the property at which the facility is located.c. There are at least two hundred fifty (250) feet between the waste staging/storing, processing, and curing areas of the facility and any occupied building other than an owner occupied building on the property at which the facility is located, except for facilities employing passive windrow composting, where such distance shall be five hundred (500) feet.d. There are at least two (2) feet vertically between the ground surface of the property at which the facility is located and the seasonal high groundwater table.e. There are at least three (3) feet vertically between the ground surface of the property at which the facility is located and the bedrock.f. There are at least two hundred (200) feet between the waste staging/storing, processing, curing, and finished compost storage areas of the facility and any bedrock public wells.g. There are at least two hundred (200) feet separation from private wells and one thousand (1000) feet separation from gravel pack public wells (relative to the distance between the waste staging/storing, processing, curing and finished compost storage areas of the facility and such wells). The composting site shall not be located on a public well field.h. Buffers, such as trees, walls, fences, natural or manmade topographic features shall be installed to mitigate noise, dust, odors, litter and other potential impacts on neighboring properties.i. The composting site is not located on a wellhead protection area (as defined in the Department's Groundwater Quality Rules, Part 150-05-3 of this Title, delineated consistent with the wellhead protection program for a public well. If the owner or applicant seeks a variance from this requirement, then the Department will require demonstration that leachate (if any) from the composting facility will not impact on the groundwater supply, under terms of the variance.j. A leaf and yard waste composting facility which is located on top of a solid waste disposal area closed in accordance with Part 2 of this Subchapter and 40 C.F.R. § 258.60 (2017), incorporated in § 1.3 of this Subchapter, shall have composting conducted on a pad to prevent disruption of the landfill cap and underlying waste. The pad shall be constructed of well-compacted, well-drained soil. It shall be no less than two (2) feet thick and sloped at two - five percent ( 2-5 %) to promote surface drainage. The pad shall be constructed in addition to the minimum two (2) feet of final cover soil required at all closed solid waste disposal areas.C. Endangered Species No facility or practice shall cause or contribute to the taking of any endangered or threatened species pursuant to the Endangered Species Act, 16 U.S.C. § 1531 et seq. (2017) and/or the regulations adopted to implement such Act, as is or as amended. The facility or practice shall not cause or contribute to the destruction or adverse modification of the critical habitat of endangered or threatened species.
D. Water Pollution 1. Groundwater: A minimum of two (2) feet of soil is required between the lowest level of the compost pile and the highest water table level established during the seasonal high groundwater table period determined by the Department in accordance with the Department's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems, Part 150-10-6 of this Title. In addition, a minimum of three (3) feet of soil is required between the highest level of bedrock and the lowest level of the proposed composting surface. If the applicant seeks a variance of these separation distances, the Director may require the installation of an impermeable liner system or other means to prevent leachate from reaching the groundwater.2. Water Supply: Leaf and yard waste composting sites are prohibited from being located on public well fields. Minimum setbacks from the waste staging/storing, processing, curing and finished compost storage areas to wells shall be as follows: a. One thousand (1000) feet from gravel packed public wells;b. Two hundred (200) feet from bedrock public wells.c. Two hundred (200) feet from private wells.3. Surface Water: Leaf and yard waste composting activities shall not be within or impact any freshwater wetlands as defined by R.I. Gen. Laws § 2-1-18 et seq. Composting activities shall not occur on a site that is not in compliance with R.I. Gen. Laws § 2-1-18 et seq. and the Rules and Regulations promulgated pursuant to that Act.E. Air Standards 1. Any composting facility shall not violate the following: a. State implementation plans approved or promulgated pursuant to R.I. Gen. Laws Chapter 23-23; the Rules and Regulations to implement such Chapter, and any applicable provisions of the Clean Air Act, 42 U.S.C. § 7410 (2017).b. The Rhode Island Clean Air Act, R.I. Gen. Laws Chapter 23-23 and the Rules and Regulations promulgated thereunder.c. Odors: The composting facility shall not emit or cause to be emitted into the atmosphere any air contaminants or combination of air contaminants which creates an objectionable odor beyond the property line of said facility. Odor evaluations shall be conducted by Department personnel to determine if an odor is objectionable by taking into account its nature, concentration, location, duration and source.F. Fire Protection 1. A composting site shall not pose a hazard to the safety of persons or property from fires. In addition, the following requirements must be met: a. All composting sites shall submit site locator plans, site sketches, and operating plans to the local fire department for their review and notification so as to provide emergency service whenever called;b. All composting sites and site equipment (dozers and front-end loaders) shall be equipped with fire extinguishers.G. Safety Provisions Composting facilities shall be designed, operated and maintained in such a manner as to protect the health and safety of users of the facility and personnel associated with the operation of the facility, and persons in close proximity to the facility.
H. Access 1. Time - The time of access to the facility by the public shall be limited to the hours of operation.2. Site Access - Access to the site shall be adequate to permit orderly entrance and exit, even during inclement weather. Roads shall be adequate to allow access by firefighting equipment at all times.3. Site Security - The site shall be designed with perimeter fencing, and with gate controls to prevent unauthorized access and dumping at the site and to control the off-site escape of litter.I. Signs 1. Sign(s) shall be erected at the entrance to the facility which are clearly legible and visible, and which contain the following: a. Name of facility and operator;b. Emergency phone number;c. Restricted (prohibited) materials (if applicable);d. Operating hours and days open.J. Operating Plan A facility shall be operated in conformity with its approved operating plan.
K. Site Water Supply On-site water supply shall be available to maintain proper moisture levels in the windrow. If no on-site water is available, then a water truck may be substituted for windrow watering only. Water used to maintain windrow moisture shall not adversely impact the finished compost.
L. Compost Thermometer A compost thermometer, three (3) - four (4) feet in length, capable of reading between 0° - 200°F shall be available on-site to record temperatures.
M. Monitoring Requirements 1. A written record must be maintained and available for Department review of: a. Windrow temperatures (must be recorded at least twice per week);b. Ambient air temperature at time of recording;e. Pile moisture conditions and site observations. (This requirement may be modified or waived with Department approval, provided satisfactory operating conditions have been maintained and demonstrated for a length of time satisfactory to the Department.).N. Composting Pad 1. The composting pad must be designed to support heavy equipment;2. The pad must be permeable enough to prevent ponding of surface water and firm enough to prevent ruts in all seasons;3. Pads must be graded between a two (2) percent and five (5) percent slope;4. Existing site soil that is not permeable enough to prevent standing water or firm enough to prevent ruts will require that a pad be constructed: a. A composting pad will be constructed of bank run gravel or the equivalent,b. The pad shall consist of a layer of at least twelve (12) inches of bank run gravel or the equivalent;5. Impermeable pads may be approved, and such pads: a. Must have systems for collection and management of run-off,b. Must be designed to ensure that on-site drainage systems do not clog.O. Drainage Control 1. A drainage system must be developed to prevent sediment or run-off water from migrating off-site;2. Ground surface upgradient of the site must be prepared to prevent water seepage into composting and curing piles;3. Drainage control measures must be designed to accommodate the net increases in run-off from a twenty-four (24) hour, twenty-five (25) year storm event;4. Leaf and yard waste composting facilities shall not be located in one hundred (100) year flood plains, unless provisions have been made to prevent encroachment of flood waters onto the facility and approval has been obtained from the Office of Water Resources.P. Windrows Windrows shall be placed along the fall line of the composting pad (parallel to the slope of the pad). Windrow height and width shall be such that the windrow turning equipment used can mix all leaf and yard waste easily and thoroughly and in no case larger than twelve (12) feet in height and twenty-six (26) feet in width, and positioned so as not to allow water ponding between the windrows. Windrows shall also be positioned to allow for fire vehicle access.
Q. Waste Screening and Inspection The owner or operator shall implement waste receiving area control procedures that provide for the screening and inspection of the in-coming waste stream to prevent the acceptance of prohibited or unauthorized waste types, and to remove undesirable materials prior to the initiation of composting, as provided in the approved operating plan.
R. Waste Handling and Operation 1. In no case shall leaf and yard waste be stored for a period longer than one (1) week before the wastes shall be watered, processed and formed into actively composting windrows. Material in plastic bags shall be debagged within one (1) week upon arrival at the site.2. Grass clippings shall not be accepted at the site unless there is a sufficient quantity of carbonaceous materials (leaves, composted leaves, chipped wood, etc.) to mix with the grass. Mixing ratios shall be one (1) part grass clippings to a minimum three (3) parts carbonaceous material (by volume) unless otherwise approved by the Department.3. Grass clippings shall be mixed with carbonaceous material and incorporated in the windrow within three (3) days of delivery. Windrow size and turning or aeration frequency shall be adjusted to continue aerobic composting and to prevent foul odors. Grass clippings shall not be accepted at compost sites employing the passive windrow method.4. Brush shall be chipped or shredded before being placed in windrows, and brush must be chipped within one (1) week after arrival, unless otherwise approved by the Department. Chipped brush may be stored for approved time periods in designated areas in quantities and pile sizes approved by the Department.5. Empty plastic bags shall be removed from the pad area and disposed properly. Trash receptacles shall be at the site to collect empty bags and miscellaneous trash removed from windrows during the composting process.6. In no event shall a windrow contain materials and wastes for no more than a twelve (12) month period, (composting shall be completed within this time frame);7. Moisture in the windrow shall be maintained in a manner that continues the composting process. The moisture level shall be maintained between forty (40) and sixty (60) percent by weight.8. In the windrow and turn method, windrows shall be turned as often as is necessary to continue aerobic composting and to prevent odors. The internal temperatures (optimum temperature 100° - 140° F) of windrows may be used as an indicator of aerobic composting. Temperatures shall be monitored at least twice per week. Windrow height and width shall be such that the windrow turning equipment used can mix all leaf and yard waste and in no case larger than twelve (12) feet in height and twenty-six (26) feet in width.9. In static aerated windrow composting, windrows shall be mechanically aerated as often as is necessary to continue aerobic composting and to prevent foul odors. Windrow height and width shall be such that the aeration equipment can properly aerate the leaf and yard waste.10. Windrows shall be turned as often as is necessary to mitigate the dispersion of dust and/or any potential bio aerosols. Windrows must be moist and/or water sprayed during the windrow turning process. Additional measures may be required, as necessary, to protect workers or visitors from dust and bio aerosols.S. Dust Control The operator must take suitable measures at all times to control dust at every composting facility, access roads to the facility and all other areas related to the facility's operations. This may be accomplished by spraying small amounts of water over the dust producing area and/or by the application of suitable chemicals or paving materials on access roads.
T. Control of Litter Measures must be taken to eliminate the scattering of refuse. The operator shall provide for routine maintenance and general cleanliness of all areas related to the composting facility's operation.
U. Compost Storage Area 1. Shall be no smaller than at least fifteen (15%) percent the size of the windrow composting area;2. Curing time will be a minimum of one (1) month. V. Compost Distribution Compost product offered for distribution shall meet the requirements of R.I. Gen. Laws Chapter 2-22 "Rhode Island Soil Amendment Law" and those parameters outlined in § 8.12 of this Part.
250 R.I. Code R. 250-RICR-140-05-8.6
Amended effective4/22/2020