250 R.I. Code R. 250-RICR-140-05-8.9

Current through October 15, 2024

Section 250-RICR-140-05-8.9 - Mixed Solid Waste Composting Facility License Requirements

A. General Information

1. A mixed solid waste composting facility is not eligible for a registration. No person shall construct or operate a mixed solid waste compost facility unless said person has received a license approved by the Director to construct and operate a mixed solid waste compost facility. In addition to meeting the general requirements set forth in Solid Waste Regulation No. 1, Part 1 of this Subchapter, each applicant for a license to construct and operate a mixed solid waste composting facility subject to this rule must contain the following:

a. Radius plan, site plan, and construction and engineering plans and specifications, per §§ 8.9(C), (D), and (E) of this Part respectively;

b. Construction inspection and quality assurance/quality control plan per § 8.9(F) of this Part;

c. Narratives and information per §§ 8.9(G), (H), and (I) of this Part concerning:

(1) Design and operation of proposed facility,

(2) Geology, soils and groundwater,

(3) Buffers, setbacks and odor/aesthetic considerations;

d. Operating plan per § 8.9(J) of this Part;

e. Finished compost storage and marketing plan per § 8.9(K) of this Part;

f. Facility closure plan per § 8.9(L) of this Part.

B. Applicability and Exemptions

§ 8.9 of this Part applies to any person(s), corporation or other entity proposing to construct and/or operate a facility to produce compost from mixed solid waste or from mixed solid waste and other co-composting wastes, such as sewage sludge or septage. It does not apply to any person(s), corporation or other entity proposing to construct and/or operate a facility to produce compost from leaf and/or yard waste, from putrescible wastes, or from agricultural by-products as regulated in §§ 8.5 and 8.7 of this Part, or by the Division of Agriculture, respectively. Person(s) in households that intend to do backyard composting of waste generated on site and acceptable to the Department as specified in the definition of backyard composting in § 1.5(A)(22) of this Subchapter are exempt from § 8.9 of this Part. Backyard composting of sewage sludge or septage is not allowed.

C. Radius Plan

1. Radius plan(s) including all of the information listed below, shall be submitted. The radius plan(s) must be drawn to an appropriate scale adjusted to fit a standard size sheet and including all areas within a one (1) mile radius out from all property lines of the composting facility site. The required information includes:

a. Zoning of all areas as required by § 1.7(E)(5) of this Subchapter;

b. All buildings and dwellings (labeled with identification);

c. All public and private water supplies (groundwater wells, reservoirs, etc.);

d. All surface water courses (labeled with identification);

e. All wetlands and extent of 100 year flood plain (if applicable);

f. All sporting or recreational facilities, parks, conservation and management areas, wildlife refuses and historic sites (labeled with identification);

g. All roads, bridges, railroads and airports (labeled with identification);

h. All rights-of-way or easements for power lines, pipelines, etc.;

i. Legal boundaries of the site, certified by a registered land surveyor in Rhode Island;

j. North arrow;

k. Legend.

D. Site Plan

1. Site plan(s), including all the information listed below, for all areas within the site, shall be submitted. The site plan(s) must be drawn to a minimum scale of one (1) inch to one hundred (100) feet (1"=100'), adjusted to fit on a standard size sheet. The required information includes:

a. Legal boundaries of the site, which shall be certified by a registered land surveyor in the State of Rhode Island;

b. An outlined area showing the proposed licensed area of the facility (if different from the legal boundaries of the site);

c. Locations of proposed fences, gates, barriers, security stations and similar structures providing access control;

d. Access roads and on-site roads;

e. On-site vehicle traffic patterns;

f. Vehicle inspection areas (if any);

g. Parking areas (if any);

h. Weighing facilities (for in-coming vehicles with waste), (if any);

i. Buildings and structures related to the facility and dwellings;

j. Equipment storage areas (if any);

k. Any external areas for storing certain wastes or product (if any and if appropriate);

l. Power lines, pipelines and other utilities connected to the facility and rights of way;

m. Aboveground/Underground Storage Tanks (if any);

n. On-site groundwater wells, surface water courses, water supply areas or wetlands and public or private land conservation areas;

o. Locations of any monitoring wells or surface water monitoring locations (if any);

p. Locations of existing/proposed soil borings;

q. Locations of any on-site environmental control measures (e.g. stormwater control, run-on/run-off control, erosion and sedimentation control, etc.);

r. Labeling of any buffering features/buffer zones;

s. North arrow;

t. Legend;

u. Composting site designation (within or outside a wellhead protection area).

E. Construction and Engineering Plans and Specifications

1. Plans showing dimensions and details of the proposed waste receiving area, waste storage area, materials processing area, composting area, and product storage area and including plans for the building(s) to contain these activities;

2. Specifications for the design, construction and maintenance of the surface pads, for waste receiving, waste storage, material processing, composting, and product storage;

3. Specifications and plans (drawings) for materials processing and composting equipment/systems, including manufacturer's design and performance data for the selected equipment;

4. Specifications for site preparation, including clearing and grubbing;

5. Specifications and plans for odor control equipment;

6. Specifications and plans for other environmental control measures, e.g. stormwater control, run-on/run-off control, leachate and wastewater collection and treatment (if applicable), erosion and sedimentation control. Include the existing and proposed contours of the property at which the facility is located and of the properties adjacent to this property (at two (2) foot intervals);

7. Specifications for access and on-site roads, including load limits;

8. Specifications and plans for measures to limit access, e.g. fences, gates, security stations or other measures;

9. Plans showing utilities to be installed on-site, points of usage and point of service connections off-site;

10. Specifications for any aesthetic measures;

11. Specifications for fire prevention, suppression and control systems.

F. Quality Assurance/Quality Control Plan

A construction inspection, QA and QC plan showing a detailed inspection schedule and inspection details for construction completed at the site.

G. Description of Design and Operation of Facility

1. A descriptive overview (summary) of the entire operating process from reception of waste at the facility to completion of composting, including pre-processing activities, materials processing including recycling (if any), composting and post-composting activities (if any), such as screening and refining;

2. A process flow diagram of the entire process in § 8.9(G)(1) of this Part, that takes into account any manual steps, as well as mechanical or automated steps, and includes a total mass balance and accounts for all flow streams;

3. A description overview (summary) of the equipment employed in the entire process in § 8.9(G)(1) of this Part, including information on the function and capacity of each item of equipment;

4. Discussion of number of materials processing/composting systems in service during normal operating conditions and capacity of each system as well as discussion of any stand-by systems, if any.

H. Geology, Soils and Groundwater

1. A copy of the map of the soil survey in Rhode Island (map published by USDA Soil Conservation Service) with an outline of the proposed composting site clearly marked and an accompanying description (from the soil survey) of the soil classification and characteristics.

2. The results of soil borings, submitted in boring logs which shall contain the following information for each boring:

a. Date, method of boring, and location of boring;

b. Depth of the maximum elevation of the groundwater table (to be measured at a minimum of twenty-four (24) hours after the boring is taken;

c. Soil description - A detailed soil mapping to a depth of four (4) feet must be submitted for each boring and the information shall include:

(1) Color of each horizon;

(2) Texture of each horizon;

(3) Depth of each horizon;

(4) Depth to mottles (if any);

(5) Amount of coarse fragments (if any);

(6) Depth to bedrock (if encountered);

(7) Consistence or relative density;

(8) Slope.

3. The number of borings required shall be determined by the Department, after review of the application. All borings shall be driven to a minimum depth of twenty (20) feet below the proposed compost pad elevation or to refusal. Split spoon samples shall be collected at a minimum of five (5) foot intervals and a soil description (per above) shall be provided for each split spoon sample. The boring(s) shall be located to give the best indications of sub-surface conditions for the whole site. The groundwater table elevation determination shall be made when the water table is highest; this usually occurs during the months of January through April and specific dates may be determined on a yearly basis by the Department.

4. A groundwater survey showing the maximum groundwater elevations, the direction of groundwater flow and an estimation of the rate of flow (including calculations) shall be submitted.

I. Buffers, Setbacks and Odor/Aesthetic Considerations

1. Discussion of existing and proposed buffers, relative to adjacent properties;

2. Discussion of locations and distances of closest occupied buildings/residences off-site;

3. Discussion showing compliance with § 8.10(Q) of this Part, relative to setback/buffer requirements;

4. A description of the prevailing winds during the various seasons of the year, with respect to impact of odors on off-site receptors;

5. Air flow modeling (if any) of the proposed site to project odor impact of the planned facility on off-site receptors;

6. A description of the air emission collection and control technology and all odor control systems;

7. Description of any aesthetics to be included in the proposed facility/site.

J. Operating Plan

1. An operating plan shall be submitted, including information on all of the numbered sections below. The minimum requirement for information to be provided is outlined in each section. The duration of the operating plan shall equal that of the license. The operating plan shall be reviewed by the applicant prior to license renewal and any changes to such plan shall be submitted to the Department for approval at that time.

2. The applicant must comply with the regulations within the following rules: "Mixed Solid Waste Composting Facility Design Standards" per § 8.10 of this Part, and "Mixed Solid Waste Operating Standards", per § 8.11 of this Part.

a. Operating Rates and Design Capacities

(1) For each type of solid waste input (mixed solid waste, co-composting waste (if applicable), bulking agent (if applicable), etc.), the expected near-term and projected long-range daily amount received by the facility (tons/day or cubic yards/day) and any other seasonal variations in quantities of each type.

(2) The near-term and projected long-range annual total solid waste received by the facility (tons/year or cubic yards/year),

(3) Near-term and projected long range waste processing rate at the facility (tons/day or cubic yards/day).

(4) Rated processing capacity of the facility's equipment, i.e. peak capacity for processing the mixed solid waste input (tons/day or cubic yards/day).

b. Operating Hours

(1) Naming of the days of the week and the time intervals (exact hours) on each of these days, that the facility will be open to receive waste.

(2) The time intervals (exact hours) on each day that the facility will be in operation, to include hours open to the public, as well as hours for other facility activities.

(3) Description of operating shifts, including number of shifts and time intervals (hours) for each shift (if applicable).

(4) Discussion of any seasonal variations in the schedule, including planned facility shut-down periods (if any), holidays when the facility will be closed (if applicable), etc.

c. Provisions for Limited Access - Discussion to include the following:

(1) Normal access road(s) into the facility and egress road(s) from the facility.

(2) Emergency access road(s), if any, into the facility or other provisions for access, by police, firemen, rescue, medical, etc.

(3) Security equipment and location including physical description of any fencing around the facility, physical description of barriers or gates at inlet/egress points, and any security personnel stations.

(4) Any natural land features, which prevent access to the facility.

(5) Security surveillance, including security personnel work schedules.

d. Types of Refuse to be Accepted

(1) Types and sources of solid waste in the incoming mixed solid waste and any variation over time, including seasonal variations.

(2) Discussion of suitability of the waste for composting efforts.

(3) Specification of any prohibited wastes that will not be accepted by the facility.

(4) Details of sign(s) at the facility entrance, which mention prohibited materials.

e. Types of Composting Additives, Seed Materials, Bulking Agents, Nitrogen Source, or other Amendments (if any):

(1) Description of additives and/or seed materials (if any) to be used in the composting process, including quantity, quality, and frequency of use and discussion of issues relative to impact on health, safety, or the environment.

(2) Type, source and quality of any bulking agent, nitrogen source or other amendment (if any).

(3) If sewage sludge or septage is to be co-composted, a detailed description of the source and quality of the sewage sludge or septage including any seasonal variations in its quality.

(4) Description of any expected recycling of bulking agent or compost within the facility (if any).

f. Waste Analysis Plan

(1) A description of a waste to be received and waste to be processed, to determine the quality of this waste and to demonstrate its suitability for processing and composting.

(2) If sewage sludge or septage is to be co-composted, the details of the sampling and testing plan, including parameters in the analysis.

g. Traffic Patterns

(1) Description of on-site road network serving in-coming and out-going vehicles including road surfacing and load-bearing capacity.

(2) Anticipated daily traffic flow, including specification of expected vehicle types, waste capacity, number and frequency of vehicles entering and leaving the facility.

(3) Traffic flow patterns on site.

(4) Traffic control measures on site, including directional signs, traffic lights, speed control measures, etc.

(5) Parking and unloading areas and their vehicle capacities.

h. Weighing Facilities (if any)

(1) Physical description and procedures for weighing or measuring in-coming waste.

(2) Details of information to be recorded relative to in-coming vehicles carrying solid waste.

(3) Details of equipment and procedures to be used relative to information recording and information storage.

i. Waste Inspection and Screening Procedures

(1) A description of the waste inspection and screening procedures used to assure that incoming waste accepted by the facility is consistent with the operating plan, that the recyclable materials content of each load of incoming waste is in compliance with the Subchapter 20 Part 1 of this Chapter, Rules and Regulations for Reduction and Recycling of Commercial and Non-Municipal Residential Solid Waste and Subchapter 20 Part 2 of this Chapter, Rules and Regulations for Reduction and Recycling of Municipal Solid Waste, and such that unsuitable waste that is received is separated from waste to be composted.

(2) Location of the waste inspection and screening personnel.

(3) An overview of the plan used to train the waste inspection and screening personnel.

(4) A description of any equipment or devices used to screen incoming wastes on vehicles.

j. Waste Unloading Procedures

Procedures for unloading waste hauling vehicles, (including estimated frequency, rate and method) and a description of the waste unloading and receiving area including size and capacity to receive waste.

k. Compostable Waste Storage

(1) A description of the storage facility for compostable solid waste, including the storage capacity (tons or cubic yards).

(2) The schedule for initiation of processing of this waste, following receipt of this waste at the facility.

l. Storage and/or Handling of Composting Additives, Seed Materials, Bulking Agents or Other Amendments

(1) A description of the storage facilities for each of the items (if applicable), including the storage capacity.

(2) If the facility accepts sewage sludge or septage, for co-composting, a discussion of the expedited initiation of co-composting of this waste and any other procedures to prevent odor problems.

m. Bulky Waste, Special Wastes, and Other Non-compostable and Non-recyclable or Oversized Waste Handling Procedures,

(1) A description of the methods employed to separate out these wastes from the in-coming waste stream, where applicable.

(2) A description of the storage facilities and storage capacities for each of these types of solid waste, where applicable.

(3) The schedule for removal of these wastes from the facility and the name(s) and location(s) of the disposal sites for these wastes.

n. Prohibited Waste Handling and Disposal

(1) Procedures to be employed if prohibited waste is observed, upon inspecting the in-coming waste.

(2) A description of the storage area and capacity for prohibited waste, including any prohibited solid waste and hazardous waste that have been unloaded at the facility. The Plans shall also include the schedule for removal of these wastes from the site and disposal sites and locations for each of these types of wastes.

o. Recyclables Handling Procedures (if applicable)

(1) A description of the recyclables separation program (if any), including a discussion of the equipment and methods employed for removing and recovering recyclables, prior to composting.

(2) A list of the recyclables that are recovered.

(3) A description of the storage facilities and storage capacities for each of the recyclables (if applicable).

(4) A discussion of markets for the recyclables and the name(s) and location(s) for disposition of these recyclables.

(5) The schedule for removal of these recyclables to off-site recycling facilities.

p. Composting Procedures

(1) Description of any preliminary pre-composting steps such as measuring, shredding, size reduction, mixing, screening, proportioning and watering, including discussion of any equipment employed.

(2) Discussion of use of any additives, seed materials, bulking agents, addition of nitrogen sources, or other compost amendments, if applicable.

(3) A detailed description of the composting method to be used and the proposed sequence of operations and detention times for each phase of the composting process, including refining of final product, if applicable.

(4) The proposed duration of the process from initial composting to final product, including decomposition, cooling, stabilization, curing and refining, where applicable.

(5) Discussion of methods and conditions maintained to achieve PFRP requirements [per § 8.11(N)(5) of this Part].

(6) Details of methods employed to maintain aerobic conditions during composting, along with proper moisture and temperature.

(7) Method of aeration, including turning frequency or mechanical aeration equipment and aeration capacity and method of regulating airflow.

(8) Details and schedules for mixing and blending of wastes during active composting.

(9) If the windrow and turn method or the aerated static pile method is employed, the methods used in constructing the windrow or piles, the equipment employed and proposed dimensions of these windrows or piles.

(10) A QA/QC plan for monitoring the compost process including, but not limited to the location of temperature probes and the frequency of monitoring, moisture monitoring and its frequency, and air flow monitoring and control.

q. Procedures for Operation

During Inclement Weather and Winter Operations Discussion of special precautions or procedures for operation during wind, heavy rain, snow, freezing conditions or other severe weather.

r. Residue Handling, Storage, and Disposal

(1) A description of the method of separation of residue from compost, if applicable.

(2) A description of the physical and chemical composition of the residue (non-compostables and over-size material) resulting after the composting process.

(3) Description of the storage facility area and storage capacity for this residue, if stored prior to disposal.

(4) The schedule for off-site disposal of this residue and the name(s) and location(s) of the disposal sites.

s. Surface Water/Stormwater Management and Erosion/Sedimentation Control

(1) A description of any procedures, structures, or equipment (if any) to prevent run-on and run-off at the facility and description of stormwater control measures and surface drainage control measures (if any).

(2) A description of erosion and sedimentation control measures (if any).

t. Leachate and Wastewater Management, Disposal and Groundwater/Surface Water Protection

(1) A description of the method to collect and control leachate and wastewater from the facility.

(2) Discussion of treatment of leachate and wastewater (if applicable) and description of the method of disposal of leachate and wastewater.

(3) Discussion of any measures taken to protect groundwater and surface water.

u. Odor Control

(1) Discussion of equipment and operating methods and procedures to minimize, manage, and monitor odors and achieve proper odor control.

(2) Plans detailing corrective action in the event of odor complaints.

(3) Discussion of details relative to establishing and maintaining an odor control hot line.

v. Facility Housekeeping Procedures

(1) Procedures to prevent and control vectors, litter and dust at the facility.

(2) Discussion of routine housekeeping procedures before and after public hours (hours open to the public to receive waste).

w. Facility Inspection and Maintenance Plan

(1) Summary of the facility inspection plan including the items to be inspected routinely and their schedule from inspection.

(2) Summary of routine maintenance procedures on items to undergo routine maintenance and their maintenance schedule.

(3) Summary of corrective actions to be taken in the event of breakdown of significant equipment.

x. Outline Operations and Maintenance Manual

A summary of the topics to be included in the facility's operation and maintenance manual.

y. Personnel

(1) An organizational/manning chart for the facility.

(2) Duties and responsibilities for each facility job position.

(3) The staffing provided for each operating shift, including both operational and maintenance activities.

(4) A description of procedures, structures or equipment used at the facility to prevent operational hazards, including required personnel protective equipment.

(5) A summary of the personnel training program, which addresses the specific training, needs to operate and maintain this composting facility.

z. Fire and Explosion Prevention, Suppression and Control

(1) Description of precautions and procedures used to prevent ignition or explosion of wastes or waste by-products.

(2) Discussion of fire suppression and control measures, including source, quantity and location of available water and other firefighting materials and equipment that are on-site.

(3) Contingency fire protection in event of a water shortage or emergency.

aa. Emergency Contingency Plans

(1) Contingency operations plan in event of receipt of hazardous waste.

(2) Emergency response plan in event of significant fire or an explosion.

(3) Plans detailing corrective action in the event of groundwater contamination or chemical spills.

bb. Substitute Processing/Disposal/Transfer

(1) Discussion of facility alternate or back-up standby equipment (if any), in the event of primary equipment failure.

(2) Designation of licensed disposal site for transfer of in-coming waste in event of emergency at facility (equipment failure, power outages, natural disaster, fire, etc.) which prevents normal operation at the facility.

(3) A plan identifying the disposal method for compostable waste received, if the waste is contaminated (or becomes contaminated) with prohibited materials, such as oil, hazardous waste, etc. or is not placed into a composting process in an acceptable period of time, per § 8.11(I) of this Part.

cc. Communication Requirements

(1) Description of the types and location of communication equipment throughout the facility.

(2) Description of communication networks (internal and external).

dd. Utilities

(1) Discussion of utilities that will be connected to the facility and in operation at the facility.

(2) Description of back-up power supply at the facility.

ee. Record-Keeping

A summary of the records that will be retained at the facility.

K. Compost Storage and Marketing

1. This rule applies to compost produced in mixed solid waste composting facilities.

2. Storage Procedures - A description of the storage facilities and storage capacities (tons or cubic yards) for compost produced at the plant.

3. Anticipated Rate of Production of Compost - A plan for anticipated recovery rate of compost from the process (tons/day, cubic yards/day or other quantitative description).

4. Anticipated Compost Quality - A description of the anticipated quality of compost produced at the facility (see § 8.12(A) of this Part for Compost Quality Standards, for Class "A", Class "B" and Class "C" compost).

5. Compost Product Sampling and Testing - A QA/QC plan, which also includes compost (product) sampling and analysis details, for reasons of compost process quality control and product quality assurance.

6. Compost (Product) Uses:

a. Plans for re-use, sale or marketing of the compost product,

b. Discussion of proposed ultimate uses of compost sold or marketed.

7. Schedule for Removal of Compost (Product) From Facility and Distribution Plan

a. Expected time frame for distribution of the compost (e.g. expected time elapsed after production of a batch of compost, prior to distribution),

b. Method for removal of compost (product) from the facility,

c. A plan for distribution of the compost;

8. Packaging and Labeling of Marketable Compost

a. A description of any packaging (if any) to be employed with the distribution of the compost product,

b. Details of the information to accompany the distribution of the compost product (e.g. copy of the label, information sheet, etc., relative to bagged or bulk compost).

9. Plan for Unmarketable or Sub-Quality Compost - The plan for use or disposal of compost product that cannot be sold or marketed in the expected manner, due to poor quality or changes in market conditions.

L. Facility Closure Plan

1. This rule applies to all mixed solid waste composting facilities, regardless of the status of their future operating plans, i.e., even if there is no plan to ever close the facility in the foreseeable future. Pursuant to the requirements set forth in § 1.7(J) of this Subchapter, this plan will include the following, at minimum:

a. Planned or estimated year of proposed closure (if any).

b. Measures taken to remove all remaining solid waste or other wastes, recyclables (if any), composting waste, and compost product from the facility.

c. Methods to restrict access and prevent additional solid waste from being deposited at the facility, including physical description of any fences, gates and/or other barriers placed at the facility.

d. Discussion of impact of closure on legal boundaries of the site, changes in ownership and description of anything that affects the legal boundaries of the site.

e. Intended future use of the facility and property, following closure (immediate and long-term use).

f. A financial estimate of the costs to properly close the facility, (which shall include the use of third-party personnel and equipment to accomplish the closure). With respect to financial assurance (§ 1.7(J)(2)(b) of this Subchapter), the applicant must post financial assurance for the full amount of the closure cost estimate as a precondition for the issuance of a solid waste management facility license.

250 R.I. Code R. 250-RICR-140-05-8.9

Amended effective4/22/2020