250 R.I. Code R. 250-RICR-40-20-3.5

Current through December 26, 2024

Section 250-RICR-40-20-3.5 - Agricultural Composting Facility

A. Agricultural Composting: Any farmer engaging in agricultural composting shall be required to maintain registration and operating records in a format and on forms as designated by the Department of Environmental Management.

B. The following operations on agricultural units do not require the registration or maintenance of operating records provided the operation incorporates commonly accepted management practice and is carried out in a manner that prevents an unpermitted discharge of pollutants to air, water or other natural resources of the State of Rhode Island:

1. Composting of tree stumps and brush at an agricultural unit where such wood wastes are generated and composted within the boundaries of such agricultural unit;

2. Composting and the use or application of agricultural manures in farming operations;

3. Composting of agricultural by-products, when located at an agricultural unit.

C. A composting operation, when located on an agricultural unit, which, in addition to agricultural by-products, utilizes one or more of the following materials, must be registered and maintain operating records with the Division of Agriculture, Department of Environmental Management, and follow commonly accepted best management practices. Note: See § 3.5(E) of this Part for additional clarification and requirements.

1. Leaf and yard waste generated off the agricultural unit:

2. Wood wastes, including brush, stumps, lumber ends and trimmings, wood pallets, bark, wood chips, shavings, slash and other clean wood, provided that it is not mixed with other solid wastes, for processing. Wood containing or likely to contain asbestos, glues, or chemical preservatives such as creosote, pentachlorophenol, paints, stains or other coatings shall not be considered wood wastes under these Rules and Regulations and is prohibited from being processed;

3. Clean paper, newspaper or cardboard;

4. Clean shells and bones;

5. Non-agricultural sources of manures and animal bedding materials such as zoo waste;

6. Not more than ten tons per day of compostable material composed of generator pre-sorted produce, and/or generator pre-sorted vegetative residues from food or beverage processing that consists solely of materials from plants, (e.g., husks, leaves, skins, sediments and roots) and other plant by-products from fruit or vegetable canning, freezing or preserving operations;

7. Not more than one ton per day of pre-sorted kitchen, restaurant and source separated institutional or municipal food by-products; and/or,

8. Not more than one half ton per day of unprocessed meat and fish wastes.

D. Any agricultural composting facility, when located on an agricultural unit that utilizes compostable material as set forth in § 3.5(E) of this Part, shall be considered by the Department to be in compliance if within sixty (60) days of the receipt of a registration package, such owner or operator has submitted to the Department a completed registration application and the Department has determined that such registration application is acceptable. Until a completed registration application is received and accepted by the Department, the farmer shall be subject to the provisions set forth in Part 140-05-8 of this Title, Solid Waste Regulation No. 8.

1. The registration application submitted to the Department of Environmental Management, Division of Agriculture, shall include the following:

a. All necessary permits or approvals required by federal, state and local laws and regulations.

b. A detailed site plan and supporting maps showing, but not necessarily limited to:

(1) The boundaries of the property at which the agricultural composting facility is located;

(2) The existing and proposed contours and contour intervals of the property at which the agricultural composting facility is located showing slope and drainage pattern of the agricultural composting facility;

(3) All occupied buildings within two-hundred fifty (250) feet of the perimeter of the compost pad;

(4) All public drinking water supply wells, monitoring wells, reservoirs, and sources of water for irrigation or industrial purposes within five hundred (500) feet of the perimeter of the agricultural composting facility and all private wells within one hundred (100) feet of the perimeter of the agricultural composting facility;

(5) All wetlands, water courses, and publicly or privately owned land conservation areas on the property at which the agricultural composting facility is located and within two hundred (200) feet of the boundaries of the agricultural composting facility;

(6) Soil series description(s) and delineation(s) of all soils on the property at which the agricultural composting facility is located and within two hundred (200) feet of the boundaries of said agricultural composting facility, as referenced in the "Soil Survey of Rhode Island" by the United States Department of Agriculture, Natural Resources Conservation Service;

(7) Any buffers, and the nature of such buffers, between the agricultural composting facility and adjacent properties and that are used to screen the agricultural composting facility from the surroundings;

(8) All paved and unpaved access roads to the agricultural composting facility;

(9) All fencing and gates on the said property;

(10) Depiction of the composting operations;

(11) All structures related to the agricultural composting facility;

(12) Sources of water for the agricultural composting facility;

(13) Any means for control of erosion, sedimentation, and rainwater;

(14) Location, depth, and elevation of any soil borings, test pits, or monitoring wells on the said property; and,

(15) Elevation of seasonal high groundwater table on the said property from soil survey maps, or on-site investigation;

c. An operation and maintenance plan setting forth, but not necessarily limited to:

(1) A description of any agreements affecting the control, use or operation of the agricultural composting facility;

(2) Procedures for collection and delivery of compostable materials to the agricultural composting facility;

(3) Procedures and processes for the composting;

(4) Methods and procedures for fire prevention and fire control;

(5) A design for erosion, sedimentation and rainwater controls;

(6) End uses or markets for compost generated at the agricultural composting facility; and,

(7) Such additional information relevant to the agricultural composting facility as the Division of Agriculture deems appropriate.

2. The registration package and one copy thereof shall be delivered to the Department of Environmental Management, Division of Agriculture, within sixty (60) days of receipt of the registration package by the applicant. The farmer must register each identified compost product as per R.I. Gen. Laws § 2-22-5.

3. If one or more of the following events occur, each owner or operator of a registered agricultural composting facility shall be required to renew the registration of the agricultural composting facility with the Division of Agriculture:

a. The annual volume of materials to be composted at the agricultural composting facility increases by twenty (20) percent of the annual volume indicated in the current registration;

b. The design of the agricultural composting facility, or procedure, or processes for the composting, are modified or changed; or,

c. There is a change in the identity of the agricultural operation's owner or operator.

E. A composting operation, when located on an agricultural unit, which composts any of the following must register with the Division of Agriculture and comply with the provisions of § 3.5(A) of this Part as well as comply with the terms of the Putrescible Waste Composting facilities operating standards as stated in the "Large-Scale Putrescible Waste Composting Operating Standards" of Part 140-05-8 of this Title, Solid Waste Regulation No. 8, for a "Rhode Island Solid Waste Composting Facility":

1. More than one half (1/2) ton per day unprocessed meat and fish wastes;

2. More than one (1) ton per day of pre-sorted kitchen, restaurant, and source segregated institutional or municipal food by-products;

3. More than ten (10) tons per day of compostable material composed of generator pre-sorted produce; and/or more than ten (10) tons per day of generator pre-sorted vegetative residues from food or beverage processing that consists solely of materials from plants (e.g., husks, leaves, skins, sediments, and roots) and other plant by-products from fruit or vegetable canning, freezing, or preserving operations.

F. Mixed solid waste composting on an agricultural unit does not qualify as agricultural composting and shall be subject to Part 140-05-8 of this Title, Solid Waste Regulation No. 8, for a "Rhode Island Solid Waste Composting Facility".

250 R.I. Code R. 250-RICR-40-20-3.5