250 R.I. Code R. 250-RICR-140-05-8.8

Current through October 15, 2024

Section 250-RICR-140-05-8.8 - Large-Scale Putrescible Waste Composting Operating Standards

A. General

1. § 8.8 of this Part and its sub-paragraphs apply to putrescible 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 putrescible waste composting facilities shall meet all requirements set forth in this rule in addition to the General Operating Standards, § 1.5 of this Subchapter.

2. The passive composting method is prohibited for composting putrescible wastes. The windrow and turn method, aerated static pile and in-vessel composting are acceptable methods for composting putrescible waste. Other methodology will be considered for approval pending Department review.

B. Siting and Buffers

1. No putrescible 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.

d. There are at least three (3) feet between the ground surface of the property at which the facility is located and the seasonal high groundwater table.

e. There are at least five (5) feet 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 is at least a two hundred (200) foot separation from private wells and a one thousand (1000) foot 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).

h. The composting site is not located on a public well field.

i. Buffers, such as trees, walls, fences, natural or manmade topographic features shall be installed to mitigate noise, odors, litter and other potential impacts on neighboring properties.

j. 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.

k. A putrescible waste composting facility which is located on top of a solid waste disposal area closed in accordance with Rhode Island Department of Environmental Management Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities, Part 1 of this Subchapter and 40 C.F.R. § 258.60 (2017), 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. General

a. No putrescible waste composting facility shall be operated so as to cause or to be likely to cause pollution of the ground waters or surface waters of the State;

b. In determining whether said operation of putrescible waste composting facility is causing or is likely to cause pollution of the ground waters or the surface waters of the State, the Director may consider the following factors:

(1) Groundwater monitoring results show significant statistical increases in excess of any one or more of the parameters as delineated in §2.3.26 of this Subchapter "Constituents for Detection Monitoring",

(2) Groundwater monitoring results from the facility show detection of one or more of the parameters as delineated in § 2.3. 27 of this Subchapter "List of Hazardous Inorganic and Organic Constituents",

(3) Topography, hydrology and geology of the area encompassing the composting facility indicate a likelihood of contamination of a surface water body or groundwater,

(4) Groundwater leaving the licensed area is likely to impact private or public drinking wells down gradient from the facility,

(5) Groundwater leaving the licensed area is likely to impact groundwater used for commercial or industrial processes down gradient from the facility,

(6) Facility violates a groundwater standard,

(7) An actual or potential discharge into any surface water.

c. In the event that the Director finds that the operation of a composting facility is causing or is likely to cause pollution of the groundwaters or the surface waters of the State, the Director may evaluate the operation of said putrescible waste composting facility and require such measures as are necessary to abate, eliminate or avoid such pollution, including, but not limited to, the following:

(1) Groundwater removal and treatment,

(2) Contaminated groundwater encapsulation,

(3) Alternate sources of drinking water to impacted individuals,

(4) Closure of the facility.

2. Surface Water

No composting activities shall be conducted within or impact any freshwater wetlands as defined by R.I. Gen. Laws § 2-1-20 et seq. Composting activities shall not occur on a site that is not in compliance with R.I. Gen. Laws § 2-1-20 et seq. and Rules and Regulations promulgated pursuant to that Act.

3. Groundwater

a. No composting facility shall be constructed where solid waste may be in direct contact with groundwaters of the State. A minimum of three (3) feet of soil is required between the highest water table level and the lowest level of the composting pile. The Director may require a greater separation if the three (3) feet minimum will not ensure protection of public health.

b. No composting facility shall be located within two hundred (200) feet of an existing bedrock public water supply well and within one thousand (1000) feet from a gravel pack public well. The Director may require a greater separation if these minimum separation distances will not ensure protection of public health.

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, as is or as amended; the Rules and Regulations to implement such Chapter, and any applicable provisions of the Air Act, 42 U.S.C. § 7410 (2017), as are or as amended.

b. The State Air Pollution Control Act, 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.

d. The composting facility must establish an odor-complaint hot line. The facility must have the ability to receive all calls on a twenty-four (24) hour per day basis. (An answering machine may be used for this purpose.) Complaints received during normal operating hours must be investigated and responded to immediately. Complaints received during times when the facility is closed must be investigated and responded to within twelve (12) hours from when the complaint is received. All complaints received by the facility and actions taken in response to the complaints must be reported to the Department within twenty-four (24) from when the complaint was received. The facility operating plan must indicate how the odor complaint hot line will be established and what actions will be taken when odor complaints are received. Odor complaint forms must be created and maintained by the facility.

F. Fire Protection

1. A facility 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 facilities shall submit site locator plans, site sketches, and operating plans to the local fire department for their notification and review so as to provide emergency service whenever called;

b. All composting equipment (dozer, front-end loaders and other equipment) shall be supplied 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: Access to the putrescible composting facility shall be limited to the hours in which authorized operating personnel are on duty at the facility. Additional time shall be designated before and after normal operating hours to allow for "housekeeping chores". There shall be no access to the facility for the acceptance of solid waste during this additional time.

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: There shall be gates at all entrances to facilities which will prevent access to the facility, except at such times as permitted under § 8.8(H)(1) of this Part. These gates should be locked when the site is unsupervised. Fences will be required around the facility to limit unauthorized access and dumping.

I. Signs

1. There shall be erected at the entrance to the putrescible waste composting facility a sign, clearly legible and visible, which contains the following:

a. Name of facility and operator,

b. Emergency phone number,

c. Restricted (prohibited) materials (if applicable),

d. Operating hours and days open;

2. There must be adequate directional signs within the facility to direct drivers to the appropriate unloading area, assist in traffic control and to regulate speed within the facility.

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 windrows. 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 height, capable of reading 0° -200° Fahrenheit must be available on site to record temperature.

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;

c. Weather conditions;

d. Odors (if detected);

e. Pile moisture conditions and site observations. This requirement may be modified or waived, with Department approval, providing 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.

5. Composting pads must be constructed of bank run gravel or the equivalent,

6. The pad shall consist of at least a layer twelve (12) inches of bank run gravel or the equivalent;

7. Impermeable Pads may be approved, and such pads:

a. Must have a system 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. The operator shall make provisions to have the composting site, including the compost pad, graded and provided with a drainage system to minimize surface water run-off onto and into the compost pad or windrows, to prevent erosion of the pad, to drain off rain water falling on the pad and to prevent the collection of standing water. Measures must be taken to prevent sedimentation associated with surface drainage from disturbed areas, and pads must be graded between two (2) and five (5) percent slopes. In no case shall the grade of the compost pad exceed the operational requirements of windrows turning equipment.

2. In addition:

a. A drainage system must be developed to prevent sediment or runoff water from migrating off site;

b. Ground surface up gradient of the site must be prepared to prevent water seepage into compost and curing piles;

c. Drainage control measures must be designed to accommodate the net increase from a twenty-four (24) hour, twenty-five (25) year storm event;

d. Putrescible waste composting facilities shall not be located in one hundred (100) year flood plains, unless provisions have been made to prevent encroachment of floodwaters 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 compost pad (parallel to the slope of the pad). Windrow height and width shall be such that the windrow turning equipment used can mix all 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 incoming 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. Unloading of Waste: The unloading of solid waste shall be controlled and restricted to an area such that the material can easily be incorporated into the putrescible composting facility.

2. Litter: Windblown refuse shall be eliminated or controlled by using fences or other comparable means. The putrescible waste composting facility shall be kept free from windblown refuse at all times.

3. Brush: Any brush accepted at a putrescible waste composting facility 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.

4. Putrescible wastes must be incorporated into the active composting process immediately upon arrival at the composting facility.

5. Grass clippings are to be incorporated into the windrows within three (3) days of delivery to the site.

6. Designated storage areas shall be provided for composting materials; said areas will minimize odors, run-off, and will not adversely impact the composting facility.

7. In no event shall a windrow contain materials and wastes for more than a twelve (12) month period, (composting shall be completed within this time frame).

8. 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.

9. 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.

10. 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 waste.

11. Windrows shall be turned as often as is necessary and/or any potential bioaerosols. Windrows must be moist and/or watered sprayed during the windrow turning process, Additional measures may be required, as necessary, to protect workers or visitors from dust or 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. Vector Control

1. The facility shall not operate unless the on-site vector population is minimized utilizing techniques, approved by the Department that will protect public health.

a. Conditions shall be maintained that are sanitary and therefore unfavorable for the harboring, feeding, and breeding of vectors;

b. Control of insects and rodents, where needed, shall be effected by means of a program directed by a professional exterminator utilizing insecticides and/or rodenticides or other means approved by the Department;

c. Gull control procedures shall be employed that meet the requirements of 1994 R.I. Pub. Laws Chapter 155.

V. Compost Storage Area

1. Shall be no smaller than at least fifteen (15%) percent the size of the windrow composting area;

2. Curing time shall be a minimum of one (1) month.

W. Operating Requirements Aerated Static Pile

1. Maximum height twelve (12) feet;

2. Maximum width twenty-six (26) feet;

3. Perforated PVC pipe used shall be a minimum four (4) inches diameter;

4. Porous substrate (wood chips, sawdust or other porous material);

5. Organic blankets shall be a minimum of six (6) inches (wood chips, compost, sawdust);

6. Blower fans used shall be centrifugal type.

X. In Vessel Composting

1. A professional engineer must submit design plans for this process;

2. A process flow design must be included;

3. A leachate collection system is required;

4. An impermeable pad is required.

Y. Static Aerated Composting System

1. Static aerated composting system shall be mechanically aerated as often as necessary to continue aerobic composting and to prevent foul odors;

2. Windrow height and width governed by windrow turning equipment;

3. Maximum height twelve (12) feet;

4. Maximum width twenty-six (26) feet.

Z. Communication

A suitable means of communication (telephone, two-way radio, etc.) shall be available at every putrescible waste composting facility.

AA. 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.

BB. Closure Procedure

1. A facility must notify the Department at least three (3) months prior to the anticipated date that closure operations are to begin and must submit a closure plan for approval by the Department, prior to commencing closure operations.

2. After the closure plans have been fully implemented, the Department shall be notified so that an inspection may be made by Department personnel. A list of the deficiencies, if any, will be returned to the owner of the facility. A final inspection will be required after all deficiencies are corrected.

3. A professional engineer registered in the State of Rhode Island must certify that the facility is properly closed in accordance with the approved closure plan.

250 R.I. Code R. 250-RICR-140-05-8.8

Amended effective4/22/2020