250-RICR-140-05-8
250-RICR-140-05-8. Solid Waste Regulation No. 8, Rhode Island Organic Waste Recycling Facilities (Composting Regulations) (version Amendment, 10/25/2005 to 05/04/2016)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIROMENTAL MANAGEMENT
OFFICE OF WASTE MANAGEMENT
SOLID WASTE REGULATION NO. 8
SOLID WASTE COMPOSTING FACILITIES
EFFECTIVE DATE - JANUARY 1997
AS AMENDED - APRIL 2001
AND OCTOBER 2005
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TABLE OF CONTENTS
8.1.00
LEAF AND YARD WASTE COMPOSTING FACILITY - REGISTRATION
REQUIREMENTS
1
8.1.01
General
1
8.1.02
Elements of Registration .............................................................................. 1
8.1.03
Initial Investigation Plans.............................................................................. 2
8.1.04
Background Information ............................................................................... 2
8.1.05
Operating Plan
2
8.1.06
Additional Information................................................................................... 3
8.1.07
Re-Registration
3
8.1.08
Registration Suspension or Revocation ....................................................... 3
8.2.00
LEAF AND YARD WASTE COMPOSTING - OPERATING STANDARDS. 4
8.2.01
General ........................................................................................................ 4
8.2.02
Siting and Buffers......................................................................................... 4
8.2.03
Endangered Species .................................................................................... 5
8.2.04
Water Pollution............................................................................................. 5
8.2.05
Air Standards................................................................................................ 6
8.2.06
Fire Protection.............................................................................................. 6
8.2.07
Safety Provisions.......................................................................................... 7
8.2.08
Access.......................................................................................................... 7
8.2.09
Signs ............................................................................................................ 7
8.2.10
Operating Plan ............................................................................................. 7
8.2.11
Site Water Supply......................................................................................... 7
8.2.12
Compost Thermometer ................................................................................ 7
8.2.13
Monitoring Requirements ............................................................................. 8
8.2.14
Composting Pad........................................................................................... 8
8.2.15
Drainage Control .......................................................................................... 8
8.2.16
Windrows ..................................................................................................... 9
8.2.17
Waste Screening and Inspection.................................................................. 9
8.2.18 .....Waste Handling and Operation .................................................................... 9
8.2.19
Dust Control ............................................................................................... 10
8.2.20
Control of Litter........................................................................................... 11
8.2.21
Compost Storage Area............................................................................... 11
8.2.22
Compost Distribution.................................................................................. 11
8.3.00
PUTRESCIBLE WASTE COMPOSTING FACILITY -REGISTRATION
REQUIREMENTS ................................................................................. 11
8.3.01
General Information.................................................................................... 11
8.3.02
Elements of Registration ............................................................................ 12
8.3.03
Initial Investigation Plans............................................................................ 12
8.3.04
Background Information ............................................................................. 12
8.3.05
Operating Plan ........................................................................................... 13
8.3.06
Contingency Plan ....................................................................................... 14
8.3.07
Additional Information................................................................................. 15
8.3.08
Re-registration............................................................................................ 15
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8.3.09
Registration Suspension or Revocation ..................................................... 15
8.4.00
PUTRESCIBLE WASTE COMPOSTING OPERATING STANDARDS ..... 15
8.4.01
General ...................................................................................................... 15
8.4.02
Siting and Buffers....................................................................................... 16
8.4.03
Endangered Species .................................................................................. 17
8.4.04
Water Pollution........................................................................................... 17
8.4.05
Air Standards.............................................................................................. 18
8.4.06
Fire Protection............................................................................................ 19
8.4.07
Safety Provisions........................................................................................ 20
8.4.08
Access........................................................................................................ 20
8.4.09
Signs .......................................................................................................... 20
8.4.10
Operating Plan ........................................................................................... 20
8.4.11
Site Water Supply....................................................................................... 21
8.4.12
Compost Thermometer .............................................................................. 21
8.4.13
Monitoring Requirements ........................................................................... 21
8.4.14
Composting Pad......................................................................................... 21
8.4.15
Drainage Control ........................................................................................ 22
8.4.16
Windrows ................................................................................................... 22
8.4.17
Waste Screening and Inspection................................................................ 22
8.4.18
Waste Handling and Operation .................................................................. 23
8.4.19
Dust Control ............................................................................................... 24
8.4.20
Control of Litter........................................................................................... 24
8.4.21
Vector Control ............................................................................................ 24
8.4.22
Compost Storage Area............................................................................... 24
8.4.23
Operating Requirements Aerated Static Pile.............................................. 24
8.4.24
In Vessel Composting ................................................................................ 25
8.4.25
Static Aerated Composting System............................................................ 25
8.4.26
Communication .......................................................................................... 25
8.4.27
Compost Distribution.................................................................................. 25
8.4.28
Closure Procedure ..................................................................................... 25
8.5.00
MIXED SOLID WASTE COMPOSTING FACILITY LICENSE REQ'TS..... 26
8.5.01
General Information.................................................................................... 26
8.5.02
Applicability and Exemptions...................................................................... 26
8.5.03
Radius Plan................................................................................................ 27
8.5.04
Site Plan..................................................................................................... 27
8.5.05
Construction and Engineering Plans and Specifications ............................ 28
8.5.06
Quality Assurance/Quality Control Plan ..................................................... 29
8.5.07
Description of Design and Operation of Facility.......................................... 29
8.5.08
Geology, Soils and Groundwater................................................................ 30
8.5.09
Buffers, Setbacks and Odor/Aesthetic Considerations............................... 31
8.5.10
Operating Plan ........................................................................................... 31
8.5.11
Compost Storage and Marketing................................................................ 38
8.5.12
Facility Closure Plan................................................................................... 39
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8.6.00
MIXED SOLID WASTE COMPOSTING DESIGN STANDARDS............... 40
8.6.01
General ...................................................................................................... 40
8.6.02
On-site roads and access areas................................................................. 40
8.6.03
Fencing and Gate Design........................................................................... 40
8.6.04
Emergency Access Provisions ................................................................... 41
8.6.05
Unloading and Sorting Area Design Features ............................................ 41
8.6.06
Incoming Mixed Solid Waste Storage Area Features................................. 41
8.6.07
Design Provisions For Storage of Non-Compostable Waste...................... 42
8.6.08
Up-Front Processing Area Design Features (Prior to Composting)............ 43
8.6.09
Design Provisions for Operation During Inclement Weather & Winter Season 43
8.6.10
Acceptable Composting Techniques (Technologies) ................................. 43
8.6.11
Active Composting and Curing Area Design Features ............................... 43
8.6.12
Finished Compost Storage Area Design Facilities and Capacity Requirement 44
8.6.13
Surface Water/Stormwater Management Design Provisions and Erosion
Control/Sedimentation Prevention.......................................................... 44
8.6.14
Liquids Management Design Provisions .................................................... 45
8.6.15
Fresh Air and Process Air Controls ............................................................ 45
8.6.16
Odor Control Design Features.................................................................... 45
8.6.17
Setback and Buffer Requirements.............................................................. 46
8.6.18
Design Provisions for Fire and Explosion Prevention, Protection, Suppression
and Control............................................................................................. 47
8.6.19
Communication System Design ................................................................. 47
8.6.20
Back-up Power Supply ............................................................................... 47
8.6.21
Facility Support Equipment Requirement ................................................... 47
8.6.22
Storage Area for Replacement Parts and Equipment................................. 47
8.7.00
MIXED SOLID WASTE COMPOSTING OPERATING STANDARDS ....... 48
8.7.01
General Operating Standards..................................................................... 48
8.7.02
Public Access Hours .................................................................................. 48
8.7.03
Fencing and Gate Operation ...................................................................... 48
8.7.04
Signs .......................................................................................................... 48
8.7.05
Traffic Flow................................................................................................. 48
8.7.06
Waste Screening and Inspection Operations ............................................. 49
8.7.07
Characterization of Wastes ........................................................................ 50
8.7.08
Restrictions On Co-Composting Wastes.................................................... 50
8.7.09
Incoming Mixed Solid Waste Storage and Schedule for Processing.......... 50
8.7.10
Substitute Disposal Provisions ................................................................... 51
8.7.11
Bulky Waste, Special Waste, and Prohibited Waste Handling Procedures
and Removal ......................................................................................... 51
8.7.12
Recyclables Handling Procedures and Removal........................................ 51
8.7.13
Non-Compostable Residuals Handling Procedures, Removal, and Disposal52
8.7.14
Compostable Waste Composting Procedures............................................ 52
8.7.15
Odor Control............................................................................................... 55
8.7.16
Vector Control ............................................................................................ 56
8.7.17
Litter Control............................................................................................... 56
8.7.18
Dust Control ............................................................................................... 56
8.7.19
Hot Spot Monitoring and Control ................................................................ 56
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8.7.20
Open Burning Prohibition ........................................................................... 56
8.7.21
Air Standards.............................................................................................. 57
8.7.22
Surface Water Pollution.............................................................................. 57
8.7.23
Groundwater Pollution................................................................................ 57
8.7.24
Surface Water/Stormwater Control and Erosion Control............................ 57
8.7.25
Leachate and Waste Water Control ........................................................... 58
8.7.26
Operational Records Requirements ........................................................... 58
8.7.27
Operational Reports to DEM ...................................................................... 61
8.7.28
Facility Equipment Requirements............................................................... 61
8.7.29
Facility Inspection and Maintenance .......................................................... 61
8.7.30
Health and Safety....................................................................................... 61
8.7.31
Fire Prevention and Protection................................................................... 62
8.7.32
Emergency Support Services..................................................................... 62
8.7.33
Personnel Staffing Requirements............................................................... 62
8.7.34
Facility Management .................................................................................. 62
8.7.35
Personnel Training Programs..................................................................... 63
8.7.36
Emergency Contingency Plans .................................................................. 63
8.7.37
Operation and Maintenance Manual .......................................................... 63
8.7.38
Finished Compost Storage and Removal................................................... 63
8.7.39
Facility Closure Plan................................................................................... 64
8.7.40
Transportation Requirements..................................................................... 64
8.7.41
Compost Distribution.................................................................................. 64
8.8.00
COMPOST PRODUCT REQUIREMENTS AND DISTRIBUTION
65
8.8.01
Compost Quality Standards
65
8.8.02
Compost Sampling and Testing Requirements
67
8.8.03
Compost Utilization, Distribution, and Labeling Requirements................... 68
8.8.04
Distribution and Marketing of Out-of-State Compost in Rhode Island ........ 78
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8.1.00 LEAF AND YARD WASTE COMPOSTING FACILITY - REGISTRATION REQUIREMENTS
8.1.01 General
(A)
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 within the Office of Waste Management of the Department of
Environmental Management (DEM) and obtain from the DEM a written approval that
such registration is complete. An owner or operator of an existing leaf and yard waste
composting facility shall register such facility with the Department within ninety (90)
days after the effective date of this section of the "Rules and Regulations for Solid
Waste Management Facilities".
(B)
The registration and one copy thereof shall be delivered personally or by mail to the
Office of Waste Management within the Department of Environmental Management.
(C)
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 Waste Management will not be construed as relieving the applicant of this obligation.
(D)
Agricultural Composting Facilities will be permitted through the Office of Natural
Resources Services of the Department of Environmental Management.
(E)
Backyard composting, as defined in "Solid Waste Regulation No. 1, General
Requirements", is not subject to the Leaf and Yard Waste Composting Facility rules
and regulations, but may be subject to Department enforcement actions if best
management practices acceptable to the Department are not followed.
(F)
Composting of seaweed at leaf and yard waste composting facilities may be allowed
with prior approval from the Department.
8.1.02 Elements of Registration - The registration of a leaf and yard waste composting facility includes
submittal to DEM of the following:
(A)
Initial Investigation Plans, per 8.1.03;
(B)
Facility background information, per 8.1.04;
(C)
Facility operating plan, per 8.1.05;
(D)
Additional information, per 8.1.06.
8.1.03 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
2
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.
8.1.04 Background Information - Notwithstanding the provisions of Rule 8.1.01, 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.
8.1.05 Operating Plan - 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;
(F)
Personnel and duties;
(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;
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(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 Rule 8.2.18.
8.1.06 Additional Information - The applicant shall submit such additional information relevant to the
facility that the Department deems appropriate.
8.1.07 Re-Registration - 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.
8.1.08 Registration Suspension or Revocation: - The Department may suspend or revoke a facility's
registration due to owner/operator failure to comply with the Department's rules and
regulations.
8.2.00 LEAF AND YARD WASTE COMPOSTING - OPERATING STANDARDS
8.2.01 General - All leaf and yard waste facilities shall meet all requirements set forth in this Rule in
addition to the General Operating Standards in Solid Waste Regulation No. 1.
8.2.02 Siting and Buffers - 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 staging, processing, curing, and
storage areas of the facility and any surface water.
(B)
There are at least one hundred (100) feet between the staging, processing, curing, and
storage 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 staging, processing, curing,
and storage 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
4
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 staging, processing, curing, and
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 staging, processing, curing and 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 man made topographic features shall
be installed to mitigate noise, 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 "Rules and Regulations for Groundwater Quality, August, 1996"),
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 the Rhode Island Department of
Environmental Management Solid Waste Management Facility Rules and Regulations
and Title 40 Code of Federal Regulations Part 258.60 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.
8.2.03 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. and/or the regulations adopted to implement such Act, as is or as amended. The
5
facility or practice shall not cause or contribute to the destruction or adverse modification of
the critical habitat of endangered or threatened species.
8.2.04 Water Pollution
(A)
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 Individual Sewage Disposal System (ISDS) Regulations. 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.
(B)
Water Supply: Leaf and yard waste composting sites are prohibited from being located
on public well fields. Minimum setbacks from the staging, processing, curing and
storage areas to wells shall be as follows:
(1)
One thousand (1000) feet from gravel packed public wells;
(2)
Two hundred (200) feet from bedrock public wells;
(3)
Two hundred (200) feet from private wells.
(C)
Surface Water
(1)
Leaf and yard waste composting activities shall not be within or impact any freshwater
wetlands as defined by Rhode Island General Laws §2-1-18 et seq. Composting
activities shall not occur on a site that is not in compliance with Rhode Island General
Laws §2-1-18 et seq. and the Rules and Regulations promulgated pursuant to that Act.
8.2.05 Air Standards - Any composting facility shall not violate the following:
(A)
State implementation plans approved or promulgated pursuant to 23-23, 1956 RIGL, 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, 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
6
conducted by Department personnel to determine if an odor is objectionable by taking
into account its nature, concentration, location, duration and source.
8.2.06 Fire Protection - 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.
8.2.07 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.
8.2.08 Access:
(A)
Time - The time of access to the facility by the public shall be limited to the hours of
operation.
(B)
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 fire
fighting equipment at all times.
(C)
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.
8.2.09 Signs - 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.
8.2.10 Operating Plan
A facility shall be operated in conformity with its approved operating plan.
7
8.2.11 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.
8.2.12 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.
8.2.13 Monitoring Requirements - 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, provided satisfactory
operating conditions have been maintained and demonstrated for a length of time
satisfactory to the Department.)
8.2.14 Composting Pad
(A)
The composting pad must be designed to support heavy equipment;
(B)
The pad must be permeable enough to prevent ponding of surface water and firm
enough to prevent ruts in all seasons;
(C)
Pads must be graded between a two (2) percent and five (5) percent slope;
(D)
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:
(1)
A composting pad will be constructed of bank run gravel or the equivalent,
(2)
The pad shall consist of a layer of at least twelve (12) inches of bank run gravel or the
equivalent;
(E)
Impermeable pads may be approved, and such pads:
(1)
Must have systems for collection and management of run-off,
(2)
Must be designed to ensure that on-site drainage systems do not clog.
8
8.2.15 Drainage Control
(A)
A drainage system must be developed to prevent sediment or run-off water from
migrating off-site;
(B)
Ground surface upgradient of the site must be prepared to prevent water seepage into
composting and curing piles;
(C)
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;
(D)
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.
8.2.16 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-four (24) 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.
8.2.17 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.
8.2.18 Waste Handling and Operation
(A)
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.
(B)
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.
9
(C)
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.
(D)
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.
(E)
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.
(F)
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);
(G)
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.
(H)
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-four (24) feet in width.
(I)
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.
(J)
Windrows shall be turned as often as is necessary to mitigate the dispersion of dust
and/or any potential bioaerosols. 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 bioaerosols.
8.2.19 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
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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.
8.2.20 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.
8.2.21 Compost Storage Area
(A)
Shall be no smaller than at least fifteen (15%) percent the size of the windrow
composting area;
(B)
Curing time will be a minimum of one (1) month.
8.2.22 Compost Distribution - Compost product offered for distribution shall meet the requirements of
Rhode Island General Laws Chapter 22 "Rhode Island Soil Amendment Law" and those
parameters outlined in Rule 8.8.00, "Compost Product Requirements and Distribution".
8.3.00 PUTRESCIBLE WASTE COMPOSTING FACILITY -REGISTRATION REQUIREMENTS
8.3.01 General Information
(A)
Before constructing a composting facility and commencing putrescible waste
composting, an owner or operator of a new putrescible waste composting facility shall
register such facility with the Office of Waste Management of the Department of
Environmental Management (DEM) and obtain from the DEM a written approval that
such registration is complete. An owner or operator of an existing putrescible waste
composting facility shall register such facility with the Department within ninety (90)
days after the effective date of this section of the "Rules and Regulations for Solid
Waste Management Facilities".
(B)
The registration and one copy thereof shall be delivered personally or by mail to the
Office of Waste Management within the Department of Environmental Management.
(C)
It is the responsibility of the applicant to obtain all necessary permits or approvals
required by federal, state and local laws and regulations. Cooperation within the Office
of Waste Management will not be construed as relieving the applicant of this obligation.
(D)
Agricultural Composting Facilities will be permitted through the Office of Natural
Resources Services of the Department of Environmental Management.
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(E)
Backyard composting, as defined in "Solid Waste Regulation No. 1, General
Requirements" is not subject to the Putrescible Waste Composting Facility rules and
regulations, but may be subject to Department enforcement actions if best
management practices acceptable to the Department are not followed.
8.3.02 Elements of Registration - The registration of a putrescible waste composting facility includes
submittal to DEM the following:
(A)
Initial Investigation Plans in accordance with Rule 8.3.03;
(B)
Background information in accordance with Rule 8.3.04;
(C)
Operating Plan in accordance with 8.3.05;
(D)
Contingency Plan in accordance with Rule 8.3.06;
(E)
Additional information, per Rule 8.3.07.
8.3.03 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 showing the property line) with the major components of
the composting facility labeled and dimensioned, must be submitted to the Department.
8.3.04 Background Information - Notwithstanding the provisions of Rule 8.3.01, an owner or operator
of a putrescible waste composting facility shall be considered by the Department 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 waste composted, or expected to be composted, annually;
(E)
Acreage of area used, or to be used, for a composting pad, waste processing activities,
and storage of 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.
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8.3.05 Operating Plan - An operating plan shall be submitted including all of the information listed
below:
(A)
Specific ownership or leasing arrangement of the facility or any other agreements
affecting control, use, or operation of the site;
(B)
Operating days and hours;
(C)
Provisions for limiting access;
(D)
Daily traffic flow to and from the facility including the number of trips by private or public
collection vehicles and quantity of solid waste in each vehicle;
(E)
Weighing facilities (if any);
(F)
Procedures for unloading trucks, including frequency, rate and method;
(G)
Types of compostable material to be accepted with percentages of the total;
(H)
Description of the composition of putrescible wastes to be accepted, the anticipated
quantity of each type of material, and how each will be handled at the site;
(I)
Provisions for the immediate composting of all putrescible wastes;
(J)
Detailed description of the composting method to be used and the proposed sequence
of operation;
(K)
For the windrow systems, the windrow(s) construction including length, width and
height;
(L)
Method of aeration of composting materials, including turning frequency or mechanical
aeration equipment and aeration capacity;
(M)
For in-vessel composting systems, a process flow diagram of the entire process
including major equipment and flow streams;
(N)
Description of any process monitoring during the composting process;
(O)
Composting time duration (time period from initiation of composting process to
completion);
(P)
Time period of storage of finished compost prior to distribution;
(Q)
Description of prevailing winds during various seasons of the year with respect to
impacts on off-site receptors and procedures to control odors, dust, vectors (including
gulls) and litter;
(R)
Provisions for daily record keeping of weather conditions, wind direction, ambient
temperature, odor, dust, litter, gull, and vector issues, condition of composting pad,
windrow monitoring and corrective actions needed and taken;
(S)
Personnel and duties;
(T)
Procedures to control erosion and sedimentation;
(U)
Surface drainage control measures;
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(V)
Leachate treatment operations;
(W)
Equipment to be used on-site during operating hours;
(X)
Substitute equipment available;
(Y)
Communication equipment available;
(Z)
Fire control and prevention provisions;
(AA)
Winter operations;
(BB)
Provisions for compost utilization;
(CC)
Documented markets for finished compost;
(DD)
Provisions for the proper storage of compost;
(EE)
Quality assurance/Quality control of finished compost which also includes compost
(product) sampling and analysis details;
(FF)
Method for removal of finished compost from the site;
(GG)
Plan for disposal of finished compost that cannot be used in the expected manner due
to poor quality or changes in market conditions; Also, 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 materials, etc. or if the
waste cannot be placed into a composting process in an acceptable time period, per
Rule 8.4.18;
(HH)
Description of surface soil characteristics for the proposed site and depth to seasonal
high groundwater and bedrock;
(II)
Aesthetic considerations;
(JJ)
Estimated life of composting facility.
8.3.06 Contingency Plan - The plan must address:
(A)
Action taken with respect to personnel and user safety;
(B)
On site personnel injury;
(C)
Fires;
(D)
Equipment breakdown;
(E)
Disposition of waste received that is not authorized by the Department to be composted
at the facility (i.e. hazardous, medical waste);
(F)
Releases of hazardous or toxic materials;
(G)
Steps that will be taken to alleviate odors, groundwater contamination and other
undesirable conditions.
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8.3.07 Additional Information - The applicant shall submit such additional information relevant to the
facility that the Department deems appropriate.
8.3.08 Re-registration - Each owner or operator of a registered putrescible waste composting facility
shall re-register such facility with the Department, if any of the following occurs:
(A)
The annual volume or weight of the putrescible waste to be composted at the facility
increases by twenty (20) percent of the annual volume or weight indicated in the current
registration;
(B)
The design of the facility, or procedures or processes for putrescible waste composting
are modified;
(C)
There is a change in the identity of the facility's owner or operator or site location.
8.3.09 Registration Suspension or Revocation - The Department may suspend or revoke a facility's
registration due to owner/operator failure to comply with the Department's rules and
regulations.
8.4.00 PUTRESCIBLE WASTE COMPOSTING OPERATING STANDARDS
8.4.01 General:
(A)
All putrescible waste composting facilities shall meet all requirements set forth in this
Rule in addition to the General Operating Standards in Solid Waste Regulation No. 1.
(B)
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.
8.4.02 Siting and Buffers - 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 staging, processing, curing, and
storage areas of the facility and any surface water.
(B)
There are at least one hundred (100) feet between the staging, processing, curing, and
storage areas of the facility and the boundaries of the property at which the facility is
located.
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(C)
There are at least two hundred fifty (250) feet between the staging, processing, curing,
and storage 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 staging, processing, curing, and
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 staging, processing, curing and 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 man made 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 "Rules and Regulations for Groundwater Quality, August 1996"),
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 Solid Waste Facility Regulations and Title 40 Code of Federal
Regulations Part 258.60 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.
8.4.03 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
16
et seq. 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.
8.4.04 Water Pollution
(A)
General
(1)
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;
(2)
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:
(a)
Groundwater monitoring results show significant statistical increases in excess of any
one or more of the parameters as delineated in Appendix A of Solid Waste Regulation
No. 2,
(b)
Groundwater monitoring results from the facility show detection of one or more of the
parameters as delineated in Appendix B of Solid Waste Regulation No. 2,
(c)
Topography, hydrology and geology of the area encompassing the composting facility
indicate a likelihood of contamination of a surface water body or groundwater,
(d)
Groundwater leaving the licensed area is likely to impact private or public drinking wells
down gradient from the facility,
(e)
Groundwater leaving the licensed area is likely to impact groundwater used for
commercial or industrial processes down gradient from the facility,
(f)
Facility violates a groundwater standard,
(g)
An actual or potential discharge into any surface water;
(3)
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:
(a)
Groundwater removal and treatment,
(b)
Contaminated groundwater encapsulation,
(c)
Alternate sources of drinking water to impacted individuals,
(d)
Closure of the facility.
(B)
Surface Water
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(1)
No composting activities shall be conducted within or impact any freshwater wetlands
as defined by Rhode Island General Laws §2-1-18 et seq. Composting activities shall
not occur on a site that is not in compliance with Rhode Island General Laws §2-1-18 et
seq. and Rules and Regulations promulgated pursuant to that Act.
(C)
Groundwater
(1)
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.
(2)
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.
8.4.05 Air Standards - Any composting facility shall not violate the following:
(A)
State implementation plans approved or promulgated pursuant to 23-23, 1956 RIGL, 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, 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
18
what actions will be taken when odor complaints are received. Odor complaint forms
must be created and maintained by the facility.
8.4.06 Fire Protection - 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.
8.4.07 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.
8.4.08 Access
(A)
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.
(B)
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 fire
fighting equipment at all times.
(C)
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 Rule 8.4.08(A) above.
These gates should be locked when the site is unsupervised. Fences will be required
around the facility to limit unauthorized access and dumping.
8.4.09 Signs
(A)
There shall be erected at the entrance to the putrescible waste composting facility a
sign, clearly legible and visible, which contains the following:
(1)
Name of facility and operator,
(2)
Emergency phone number,
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(3)
Restricted (prohibited) materials (if applicable),
(4)
Operating hours and days open;
(B)
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.
8.4.10 Operating Plan
A facility shall be operated in conformity with its approved operating plan.
8.4.11 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.
8.4.12 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.
8.4.13 Monitoring Requirements - 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.
8.4.14 Composting Pad
(A)
The composting pad must be designed to support heavy equipment;
(B)
The pad must be permeable enough to prevent ponding of surface water and firm
enough to prevent ruts in all seasons;
(C)
Pads must be graded between a two (2%) percent and five (5%) percent slope;
(D)
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,
20
(1)
Composting pads must be constructed of bank run gravel or the equivalent,
(2)
The pad shall consist of at least a layer twelve (12) inches of bank run gravel or the
equivalent;
(E)
Impermeable Pads may be approved, and such pads:
(1)
Must have a system for collection and management of run-off,
(2)
Must be designed to ensure that on-site drainage systems do not clog.
8.4.15 Drainage Control - 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.
In addition:
(A)
A drainage system must be developed to prevent sediment or run-off water from
migrating off site;
(B)
Ground surface upgradient 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.
8.4.16 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-four (24) 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.
8.4.17 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
21
undesirable materials prior to the initiation of composting, as provided in the approved
operating plan.
8.4.18 Waste Handling and Operation
(A)
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.
(B)
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.
(C)
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.
(D)
Putrescible wastes must be incorporated into the active composting process
immediately upon arrival at the composting facility.
(E)
Grass clippings are to be incorporated into the windrows within three (3) days of
delivery to the site.
(F)
Designated storage areas shall be provided for composting materials; said areas will
minimize odors, run-off, and will not adversely impact the composting facility.
(G)
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).
(H)
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.
(I)
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
putrescible waste and in no case larger than twelve (12) feet in height and twenty-four
(24) feet in width.
(J)
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
22
height and width shall be such that the aeration equipment can properly aerate the
waste.
(K)
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 bioaerosols.
8.4.19 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.
8.4.20 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.
8.4.21 Vector Control - 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 Rhode Island
General Assembly Act 94-H 8872.
8.4.22 Compost Storage Area
(A)
Shall be no smaller than least fifteen (15%) percent the size of the windrow composting
area;
(B)
Curing time shall be a minimum of one (1) month.
8.4.23 Operating Requirements Aerated Static Pile
(A)
Maximum height twelve (12) feet;
(B)
Maximum width twenty-four (24) feet;
23
(C)
Perforated PVC pipe used shall be a minimum four (4) inches diameter;
(D)
Porous substrate (wood chips, sawdust or other porous material);
(E)
Organic blankets shall be a minimum of six (6) inches (wood chips, compost, sawdust);
(F)
Blower fans used shall be centrifugal type.
8.4.24 In Vessel Composting
(A)
A professional engineer must submit design plans for this process;
(B)
A process flow design must be included;
(C)
A leachate collection system is required;
(D)
An impermeable pad is required.
8.4.25 Static Aerated Composting System - Static aerated composting system shall be mechanically
aerated as often as necessary to continue aerobic composting and to prevent foul odors;
(A)
Windrow height and width governed by windrow turning equipment;
(B)
Maximum height twelve (12) feet;
(C)
Maximum width twenty-four (24) feet.
8.4.26 Communication - A suitable means of communication (telephone, two-way radio, etc.) shall be
available at every putrescible waste composting facility.
8.4.27 Compost Distribution - Compost product offered for distribution shall meet the requirements of
Rhode Island General Laws, Chapter 22 "Rhode Island Soil Amendment Law" and those
parameters outlined in Rule 8.8.00, "Compost Product Requirement and Distribution".
8.4.28 Closure Procedure
(A)
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.
(B)
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.
(C)
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.
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8.5.00 MIXED SOLID WASTE COMPOSTING FACILITY LICENSE REQUIREMENTS
8.5.01 General Information - 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, 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
Rules 8.5.03, 8.5.04, and 8.5.05 respectively;
(B)
Construction inspection and quality assurance/quality control plan per Rule 8.5.06;
(C)
Narratives and information per Rule 8.5.07, 8.5.08, and 8.5.09 concerning:
(1)
Design and operation of proposed facility,
(2)
Geology, soils and groundwater,
(3)
Buffers, setbacks and odor/aesthetic considerations;
(D)
Operating plan per Rule 8.5.10;
(E)
Finished compost storage and marketing plan per Rule 8.5.11;
(F)
Facility closure plan per Rule 8.5.12.
8.5.02 Applicability and Exemptions - Rule 8.5.00 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 Rules 8.1.00, and 8.3.00, or by the Office of
Natural Resource Services, 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 Rule 1.3.20 are exempt from Rule 8.5.00. Backyard
composting of sewage sludge or septage is not allowed.
8.5.03 Radius Plan - 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 Rule 1.5.05;
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(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 powerlines, pipelines, etc.;
(I)
Legal boundaries of the site, certified by a registered land surveyor in Rhode Island;
(J)
North arrow;
(K)
Legend.
8.5.04 Site Plan - 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)
Powerlines, 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);
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(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).
8.5.05 Construction and Engineering Plans and Specifications
(A)
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;
(B)
Specifications for the design, construction and maintenance of the surface pads, for
waste receiving, waste storage, material processing, composting, and product storage;
(C)
Specifications and plans (drawings) for materials processing and composting
equipment/systems, including manufacturer's design and performance data for the
selected equipment;
(D)
Specifications for site preparation, including clearing and grubbing;
(E)
Specifications and plans for odor control equipment;
(F)
Specifications and plans for other environmental control measures, e.g. stormwater
control, run-on/run-off control, leachate and waste water 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);
(G)
Specifications for access and on-site roads, including load limits;
(H)
Specifications and plans for measures to limit access, e.g. fences, gates, security
stations or other measures;
(I)
Plans showing utilities to be installed on-site, points of usage and point of service
connections off-site;
(J)
Specifications for any aesthetic measures;
(K)
Specifications for fire prevention, suppression and control systems.
8.5.06 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.
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8.5.07 Description of Design and Operation of Facility
(A)
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;
(B)
A process flow diagram of the entire process in (1) above, 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;
(C)
A description overview (summary) of the equipment employed in the entire process in
(1) above, including information on the function and capacity of each item of equipment;
(D)
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.
8.5.08 Geology, Soils and Groundwater
(A)
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.
(B)
The results of soil borings, submitted in boring logs which shall contain the following
information for each boring:
(1)
Date, method of boring, and location of boring;
(2)
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;
(3)
Soil description - A detailed soil mapping to a depth of four (4) feet must be submitted
for each boring and the information shall include:
(a)
Color of each horizon;
(b)
Texture of each horizon;
(c)
Depth of each horizon;
(d)
Depth to mottles (if any);
(e)
Amount of coarse fragments (if any);
(f)
Depth to bedrock (if encountered);
(g)
Consistence or relative density;
(h)
Slope.
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(C)
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.
(D)
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.
8.5.09 Buffers, Setbacks and Odor/Aesthetic Considerations
(A)
Discussion of existing and proposed buffers, relative to adjacent properties;
(B)
Discussion of locations and distances of closest occupied buildings/residences off-site;
(C)
Discussion showing compliance with Rule 8.6.17, relative to set-back/buffer
requirements;
(D)
A description of the prevailing winds during the various seasons of the year, with
respect to impact of odors on off-site receptors;
(E)
Air flow modeling (if any) of the proposed site to project odor impact of the planned
facility on off-site receptors;
(F)
A description of the air emission collection and control technology and all odor control
systems;
(G)
Description of any aesthetics to be included in the proposed facility/site.
8.5.10 Operating Plan
(A)
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.
(B)
The applicant must comply with the regulations within the following rules: "Mixed Solid
Waste Composting Facility Design Standards" per Rule 8.6.00, and "Mixed Solid Waste
Operating Standards", per Rule 8.7.00,
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(1)
Operating Rates and Design Capacities
(a)
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.
(b)
The near-term and projected long-range annual total solid waste received by the facility
(tons/year or cubic yards/year),
(c)
Near-term and projected long range waste processing rate at the facility (tons/day or
cubic yards/day).
(d)
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).
(2)
Operating Hours
(a)
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.
(b)
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.
(c)
Description of operating shifts, including number of shifts and time intervals (hours) for
each shift (if applicable).
(d)
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.
(3)
Provisions for Limited Access - Discussion, to include the following in (A) - (E) below:
(a)
Normal access road(s) into the facility and egress road(s) from the facility.
(b)
Emergency access road(s), if any, into the facility or other provisions for access, by
police, firemen, rescue, medical, etc.
(c)
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.
(d)
Any natural land features which prevent access to the facility.
(e)
Security surveillance, including security personnel work schedules.
(4)
Types of Refuse to be Accepted
(a)
Types and sources of solid waste in the incoming mixed solid waste and any variation
over time, including seasonal variations.
(b)
Discussion of suitability of the waste for composting efforts.
(c)
Specification of any prohibited wastes that will not be accepted by the facility.
(d)
Details of sign(s) at the facility entrance which mention prohibited materials.
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(5)
Types of Composting Additives, Seed Materials, Bulking Agents, Nitrogen Source, or
other Amendments (if any):
(a)
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.
(b)
Type, source and quality of any bulking agent, nitrogen source or other amendment (if
any).
(c)
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.
(d)
Description of any expected recycling of bulking agent or compost within the facility (if
any).
(6)
Waste Analysis Plan
(a)
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.
(b)
If sewage sludge or septage is to be co-composted, the details of the sampling and
testing plan, including parameters in the analysis.
(7)
Traffic Patterns
(a)
Description of on-site road network serving in-coming and out-going vehicles including
road surfacing and load-bearing capacity.
(b)
Anticipated daily traffic flow, including specification of expected vehicle types, waste
capacity, number and frequency of vehicles entering and leaving the facility.
(c)
Traffic flow patterns on site.
(d)
Traffic control measures on site, including directional signs, traffic lights, speed control
measures, etc.
(e)
Parking and unloading areas and their vehicle capacities.
(8)
Weighing Facilities (if any)
(a)
Physical description and procedures for weighing or measuring in-coming waste.
(b)
Details of information to be recorded relative to in-coming vehicles carrying solid waste.
(c)
Details of equipment and procedures to be used relative to information recording and
information storage.
(9)
Waste Inspection and Screening Procedures
(a)
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
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recyclable materials content of each load of incoming waste is in compliance with the
"Rules and Regulations for Reduction and Recycling of Municipal Solid Waste" and the
"Rules and Regulations for Reduction and Recycling of Commercial and Non-Municipal
Residential Solid Waste", and such that unsuitable waste that is received is separated
from waste to be composted.
(b)
Location of the waste inspection and screening personnel.
(c)
An overview of the plan used to train the waste inspection and screening personnel.
(d)
A description of any equipment or devices used to screen in-coming wastes on
vehicles.
(10)
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.
(11)
Compostable Waste Storage
(a)
A description of the storage facility for compostable solid waste, including the storage
capacity (tons or cubic yards).
(b)
The schedule for initiation of processing of this waste, following receipt of this waste at
the facility.
(12)
Storage and/or Handling of Composting Additives, Seed Materials, Bulking Agents or
Other Amendments
(a)
A description of the storage facilities for each of the items (if applicable), including the
storage capacity.
(b)
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.
(13)
Bulky Waste, Special Wastes, and Other Non-compostable and Non-recyclable or
Oversized Waste Handling Procedures,
(a)
A description of the methods employed to separate out these wastes from the in-
coming waste stream, where applicable.
(b)
A description of the storage facilities and storage capacities for each of these types of
solid waste, where applicable.
(c)
The schedule for removal of these wastes from the facility and the name(s) and
location(s) of the disposal sites for these wastes.
(14)
Prohibited Waste Handling and Disposal
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(a)
Procedures to be employed if prohibited waste is observed, upon inspecting the in-
coming waste.
(b)
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.
(15)
Recyclables Handling Procedures (if applicable)
(a)
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.
(b)
A list of the recyclables that are recovered.
(c)
A description of the storage facilities and storage capacities for each of the recyclables
(if applicable).
(d)
A discussion of markets for the recyclables and the name(s) and location(s) for
disposition of these recyclables.
(e)
The schedule for removal of these recyclables to off-site recycling facilities.
(16)
Composting Procedures
(a)
Description of any preliminary pre-composting steps such as measuring, shredding,
size reduction, mixing, screening, proportioning and watering, including discussion of
any equipment employed.
(b)
Discussion of use of any additives, seed materials, bulking agents, addition of nitrogen
sources, or other compost amendments, if applicable.
(c)
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.
(d)
The proposed duration of the process from initial composting to final product, including
decomposition, cooling, stabilization, curing and refining, where applicable.
(e)
Discussion of methods and conditions maintained to achieve PFRP requirements [per
Rule 8.7.14(E)].
(f)
Details of methods employed to maintain aerobic conditions during composting, along
with proper moisture and temperature.
(g)
Method of aeration, including turning frequency or mechanical aeration equipment and
aeration capacity and method of regulating air flow.
(h)
Details and schedules for mixing and blending of wastes during active composting.
33
(i)
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.
(j)
A QA/QC plan for monitoring the compost process including, but not limited to:
(i)
The location of temperature probes and the frequency of monitoring,
(ii)
Moisture monitoring and its frequency,
(iii)
Air flow monitoring and control.
(17)
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.
(18)
Residue Handling, Storage, and Disposal
(a)
A description of the method of separation of residue from compost, if applicable.
(b)
A description of the physical and chemical composition of the residue (non-
compostables and over-size material) resulting after the composting process.
(c)
Description of the storage facility area and storage capacity for this residue, if stored
prior to disposal.
(d)
The schedule for off-site disposal of this residue and the name(s) and location(s) of the
disposal sites.
(19)
Surface Water/Stormwater Management and Erosion/Sedimentation Control
(a)
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).
(b)
A description of erosion and sedimentation control measures (if any).
(20)
Leachate and Waste Water Management, Disposal and Groundwater/Surface Water
Protection
(a)
A description of the method to collect and control leachate and waste water from the
facility.
(b)
Discussion of treatment of leachate and waste water (if applicable) and description of
the method of disposal of leachate and waste water.
(c)
Discussion of any measures taken to protect groundwater and surface water.
(21)
Odor Control
(a)
Discussion of equipment and operating methods and procedures to minimize, manage,
and monitor odors and achieve proper odor control.
(b)
Plans detailing corrective action in the event of odor complaints.
(c)
Discussion of details relative to establishing and maintaining an odor control hot line.
34
(22)
Facility Housekeeping Procedures
(a)
Procedures to prevent and control vectors, litter and dust at the facility.
(b)
Discussion of routine housekeeping procedures before and after public hours (hours
open to the public to receive waste).
(23)
Facility Inspection and Maintenance Plan
(a)
Summary of the facility inspection plan including the items to be inspected routinely and
their schedule from inspection.
(b)
Summary of routine maintenance procedures on items to undergo routine maintenance
and their maintenance schedule.
(c)
Summary of corrective actions to be taken in the event of breakdown of significant
equipment.
(24)
Outline Operations and Maintenance Manual
A summary of the topics to be included in the facility's operation and maintenance
manual.
(25)
Personnel
(a)
An organizational/manning chart for the facility.
(b)
Duties and responsibilities for each facility job position.
(c)
The staffing provided for each operating shift, including both operational and
maintenance activities.
(d)
A description of procedures, structures or equipment used at the facility to prevent
operational hazards, including required personnel protective equipment.
(e)
A summary of the personnel training program which addresses the specific training
needs to operate and maintain this composting facility.
(26)
Fire and Explosion Prevention, Suppression and Control
(a)
Description of precautions and procedures used to prevent ignition or explosion of
wastes or waste by-products.
(b)
Discussion of fire suppression and control measures, including source, quantity and
location of available water and other fire fighting materials and equipment that are on-
site.
(c)
Contingency fire protection in event of a water shortage or emergency.
(27)
Emergency Contingency Plans
(a)
Contingency operations plan in event of receipt of hazardous waste.
(b)
Emergency response plan in event of significant fire or an explosion.
(c)
Plans detailing corrective action in the event of groundwater contamination or chemical
spills.
35
(28) Substitute Processing/Disposal/Transfer
(a)
Discussion of facility alternate or back-up standby equipment (if any), in the event of
primary equipment failure.
(b)
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.
(c)
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 Rule 8.7.09.
(29)
Communication Requirements
(a)
Description of the types and location of communication equipment throughout the
facility.
(b)
Description of communication networks (internal and external).
(30)
Utilities
(a)
Discussion of utilities that will be connected to the facility and in operation at the facility.
(b)
Description of back-up power supply at the facility.
(31)
Record-Keeping
A summary of the records that will be retained at the facility.
8.5.11 Compost Storage and Marketing - This rule applies to compost produced in mixed solid waste
composting facilities.
(A)
Storage Procedures - A description of the storage facilities and storage capacities (tons
or cubic yards) for compost produced at the plant.
(B)
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).
(C)
Anticipated Compost Quality - A description of the anticipated quality of compost
produced at the facility (see Rule 8.8.01 for Compost Quality Standards, for Class "A",
Class "B" and Class "C" compost).
(D)
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.
(E)
Compost (Product) Uses
(1)
Plans for re-use, sale or marketing of the compost product,
(2)
Discussion of proposed ultimate uses of compost sold or marketed.
36
(F)
Schedule for Removal of Compost (Product) From Facility and Distribution Plan
(1)
Expected time frame for distribution of the compost (e.g. expected time elapsed after
production of a batch of compost, prior to distribution),
(2)
Method for removal of compost (product) from the facility,
(3)
A plan for distribution of the compost;
(G)
Packaging and Labeling of Marketable Compost
(1)
A description of any packaging (if any) to be employed with the distribution of the
compost product,
(2)
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).
(H)
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.
8.5.12 Facility Closure Plan - 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 Rule
1.5.10, 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 (Rule 1.5.10(b)(2)), the applicant must post financial assurance for
the full amount of the closure cost estimate as a pre-condition for the issuance of a
solid waste management facility license.
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8.6.00 MIXED SOLID WASTE COMPOSTING DESIGN STANDARDS
8.6.01 General - All mixed solid waste composting facilities shall meet all the requirements set forth in
this Rule in addition to the General Standards in Solid Waste Regulation No. 1.
8.6.02 On-site roads and access areas
(A)
All access and on-site roads shall be surfaced and constructed in accordance with
heavy truck usage and for all-weather use.
(B)
Access and on-site roads shall be designed to prevent traffic back-ups and to permit
orderly entrance and egress and maintain even traffic flow at all times when the facility
is open to receive waste, even during periods of inclement weather.
8.6.03 Fencing and Gate Design
(A)
There shall be gates with locks at all entrances to the facility to prevent access except
at times when authorized operating personnel are on duty;
(B)
Fencing shall be required around the perimeter of the facility to prevent unauthorized
access and illegal dumping at the site and to provide containment of wind-blown litter (if
any).
8.6.04 Emergency Access Provisions - Access and on-site roads shall have adequate space and shall
be maintained to allow the unobstructed movement of fire-fighting vehicles and other
emergency vehicles, equipment and personnel to the operating area of the facility.
8.6.05 Unloading and Sorting Area Design Features
(A)
The approach and unloading area shall be adequate in size and design to facilitate the
rapid unloading of solid waste from vehicles and the unobstructed maneuvering of
vehicles and other equipment;
(B)
The unloading area shall be adequate in size and capacity to manage the projected
volume of incoming solid waste;
(C)
The unloading area shall be graded to prevent ponding of leachate from the waste;
(D)
The surface of the unloading area shall be constructed of impervious material, such as
asphalt or concrete, capable of being cleaned by high pressure water spray and
equipped with drains, sumps or other means to collect liquids;
38
(E)
The tipping floor shall be under roof and fully enclosed with negative pressure air
collection and treatment as needed, in order to avoid odor problems, to avoid
windblown dust and debris and to prevent exposure to precipitation.
8.6.06 Incoming Mixed Solid Waste Storage Area Features
(A)
The facility shall have provisions for storage area(s) for incoming mixed solid waste,
waiting to be processed. There shall be at least a capacity to store a volume of mixed
solid waste equivalent to three (3) days worth of incoming waste, plus contingency
storage, (to provide surge space for fluctuations in delivery volume and variations in
composting operations, including processing equipment outages).
(B)
All unprocessed mixed solid waste storage areas shall be under roof and fully enclosed
to avoid windblown dust and debris and to prevent exposure to precipitation.
(C)
The storage area shall be graded to minimize ponding of leachate from the waste piles.
(D)
The surface of the storage area shall be constructed of impervious material, such as
sealed asphalt or concrete, to minimize liquid release into the groundwater under the
site and to allow for cleaning with high pressure water spray. The storage area shall be
equipped with drains, sumps or other means to collect liquids.
(E)
These storage area design features in (B), (C), and (D) also apply to co-composting
wastes, bulking agents or other amendments.
8.6.07 Design Provisions For Storage of Non-Compostable Waste
(A)
The facility shall have the capacity for proper handling, storage and removal of
hazardous waste or other non-permitted waste delivered to or generated by the facility.
(B)
The facility shall have provisions for proper storage of bulky, solid waste if such waste
is accepted by the facility and if such waste is not immediately removed off-site for
recycling or disposal. Acceptable options including storing in an enclosed structure
with a roof, in a covered contained box or other equivalent option.
(C)
The facility shall have provisions for segregation and proper storage of recovered
recyclables, if recyclables are accepted as part of the incoming waste stream and if
recovered recyclables are not immediately removed off-site for recycling. Acceptable
options include storing in an enclosed structure with a roof, in a covered container box
or other equivalent option.
(D)
The facility shall have provisions for segregation and proper storage of compost
residues or other process non-compostable residues or foreign matter, if such residues
or foreign matter are not immediately re-processed or removed off-site for disposal.
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Acceptable options include storing in an enclosed structure with a roof in a covered
container box or other equivalent option and shall be located on an impervious surface
such as sealed asphalt or concrete to prevent leachate releases into groundwater
under the site.
(E)
If the facility separates out or recovers any other materials that do not fall into the
above categories and furthermore will not be composted at this site, and will not be
immediately removed off-site, then the facility must have provisions for segregation and
proper storage of such materials. Acceptable storage options include storing in an
enclosed structure with a roof, in a covered container box or other equivalent option,
unless an alternate option is approved by the Department.
8.6.08 Up-Front Processing Area Design Features (Prior to Composting)
(A)
If the facility performs any up-front processing of the incoming waste stream (i.e.,
removal of foreign matter and non-compostables, recovery of recyclables, material size
reduction or any other activities to improve the feed-stock to be delivered to the
composting area), then these activities shall be performed in an enclosed area, under a
roof, to avoid windblown dust and debris and to prevent exposure to precipitation.
(B)
Floor surfaces shall be constructed of impervious material such as asphalt or concrete,
to prevent liquid releases into the groundwater under the site.
8.6.09 Design Provisions for Operation During Inclement Weather and in Winter Season - Provisions
for operation during wind, heavy rain, snow, freezing temperatures and other inclement
weather conditions shall be provided.
8.6.10 Acceptable Composting Techniques (Technologies) - The Department shall consider
composting by aerated static pile, by windrow method or by enclosed vessel (in-vessel), to be
acceptable methods. Any other comparable method will be considered by the Department,
subject to approval or denial. All methods shall be employed within an enclosed building.
8.6.11 Active Composting and Curing Area Design Features
(A)
There shall be sufficient space at the facility, to allow for the design volume (maximum
capacity) being composted and cured at any given time;
(B)
All active composting and curing areas shall be under a roof and fully enclosed to avoid
odor problems, to avoid windblown dust and debris, and to prevent exposure to
precipitation and maintain proper moisture and biological process control;
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(C)
All active composting and curing areas shall be located on impervious surfaces, such
as sealed asphalt or concrete, to prevent leachate releases into the groundwater under
the site;
(D)
Wherever active composting and curing areas occurs on a pad, the pad shall be
graded to minimize ponding of leachate released from the composting piles;
(E)
There shall be drains, sumps or other means to collect leachate released during active
composting and curing;
(F)
For facilities employing windrow composting techniques:
(1)
The windrow shall be placed along the fall line of the composting pad, i.e., parallel to
the slope of the pad,
(2)
Windrow height and width shall be such that windrow turning equipment shall be able
to mix the composting waste easily and thoroughly and in no case larger than twelve
(12) feet in height and twenty-four (24) feet in width,
(3)
Sufficient distances shall be maintained between adjacent windrows to allow
maneuvering of heavy equipment during all depositing, turning and removal of compost
and to allow for access by other vehicles, including fire fighting equipment;
(G)
For facilities employing static aerated piles:
The pile height shall be such that aeration equipment can perform proper aeration of
the piles and in no case greater than twelve (12) feet in height.
8.6.12 Finished Compost Storage Area Design Facilities and Capacity Requirement
(A)
The facility shall have sufficient capacity for finished compost storage, not to exceed
twelve (12) months production;
(B)
The finished compost storage area must be located on impervious surfaces, such as
sealed concrete or asphalt, to prevent liquid release into the groundwater under the
site;
(C)
The surface of the finished compost, storage area shall be graded to minimize ponding
of liquids where compost is stored;
(D)
The storage area, through appropriate design features, management practices and/or
location of the storage area, shall properly control any odors generated from the stored
finished compost, if any, depending on stability of the compost and climatic conditions.
8.6.13 Surface Water/Stormwater Management Design Provisions and Erosion Control/Sedimentation
Prevention
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(A)
The facility shall not be constructed or operated in a one hundred (100) year flood plain
area unless provisions have been made to prevent encroachment of flood waters upon
the facility and approval has been obtained from the Office of Water Resources;
(B)
Stormwater management systems must be designed to control the water volume of a
twenty-four (24) hour, twenty five (25) year storm and to prevent run-on from entering
the receiving, processing, composting, curing or storage areas;
(C)
For any facility where run-off and erosion may be a problem, the design of the facility
shall include erosion control measures.
8.6.14 Liquids Management Design Provisions
The facility shall have a liquids collection and removal system designed, constructed,
maintained and operated to collect and remove liquid waste from the waste receiving and waste
storage areas, waste composting and curing areas.
8.6.15 Fresh Air and Process Air Controls
In order to provide for proper worker health conditions and to avoid build-up of carbon dioxide,
ammonia and fog, the facility must include appropriate design provisions to include one or more
of the following options or a Department approved alternate option:
(A)
Active ventilation of composting building enclosures to provide adequate fresh air
make-up and appropriate treatment of building ceilings and other building structures to
avoid or accommodate the accumulation of corrosive condensate;
(B)
Collection of composting process air using negative aeration or air collection inside the
pile so that it can be appropriately treated and not exhausted inside the building;
(C)
Total enclosure of the composting waste such that all process air is contained within
the enclosure during composting and such that the process air does not enter the
building, but instead is separately handled and treated.
8.6.16 Odor Control Design Features
(A)
Facility design shall include provisions, such as biofilters, to limit the production of
and/or off-site dispersal of odors;
(B)
Process air must be contained, collected, treated (deodorized) and dispensed to the
atmosphere as necessary to avoid creating an odor nuisance from the incoming waste
unloading/sorting area, the waste (feed-stock) storage area, the waste composting
piles or chambers, the nitrogen source (supplementary material), storage area (if any),
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the compost curing area, the finished compost storage area and any other potential
odor sources;
(C)
Scrubbing devices (if any) used to remove odors shall be properly maintained and shall
be used with stacks of appropriate height and where exhaust air is properly dispersed.
8.6.17 Setback and Buffer Requirements
(A)
No waste shall be received (unloaded), stored, processed or composted on any well
field or within one thousand (1000) feet of any private or public drinking water supply
well or within the wellhead protection area 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 water supply, under terms of the
variance.
(B)
No waste shall be received (unloaded), stored, processed or composted within the
watershed of any surface water used as a public drinking water supply. If the owner or
applicant seeks a variance from this requirement, then the Department will require
demonstration that any run-off from the composting facility will not affect surface water
quality, under terms of the variance.
(C)
No waste shall be received (unloaded), stored, processed or composted within two
hundred (200) feet of any body of surface water or freshwater wetland. If the owner or
operator seeks a variance from this requirement, then the Department will require and
the applicant shall demonstrate that any run-off from the composting facility will not
significantly and adversely affect the surface water or wetlands, under terms of the
variance.
(D)
Composting activities shall not be located within any freshwater wetlands as defined by
Rhode Island General Laws §2-1-18 et seq. Composting activities shall not occur on a
site that is not in compliance with Rhode Island General Laws §2-1-18 et seq. and the
Rules and Regulations promulgated pursuant to that Act.
(E)
No waste shall be received (unloaded), stored, processed or composted within one
hundred (100) feet of the compost facility's property line, nor within five hundred (500)
feet of any residence, place of business, or other private or public facilities occupied by
humans (excluding the facility owner/operator's residences, offices, or other structures
involved with the operation of the composting facility).
8.6.18 Design Provisions for Fire and Explosion Prevention, Protection, Suppression and Control
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(A)
The facility shall be designed and constructed to prevent and minimize the potential for
fire or explosion;
(B)
Facility design shall include provisions to monitor and inhibit spontaneous combustion
and fire hazards;
(C)
The facility shall contain a properly designed fire suppression system with sufficient
capacity to adequately control a fire within the facility.
8.6.19 Communication System Design - The facility shall be designed with adequate communication
systems to support normal and emergency operating conditions to include at least:
(A)
An internal communication or alarm system, capable of providing immediate
emergency instruction by voice or signal to facility personnel, must be available and in
working condition at the immediate operating area of the facility;
(B)
An external communication system, capable of summoning emergency assistance from
local police, fire departments, emergency medical services, and from state and local
emergency response agencies, must be available and in proper working condition at
the immediate operating area of the facility.
8.6.20 Back-up Power Supply - The facility shall be designed with a back-up power supply to meet
facility needs during facility outages and to provide adequate power during emergencies,
including fires.
8.6.21 Facility Support Equipment Requirement - The facility shall have sufficient types and quantities
of equipment to support operations.
8.6.22 Storage Area for Replacement Parts and Equipment - A properly sized replacement parts and
equipment storage area shall be included in the facility.
8.7.00 MIXED SOLID WASTE COMPOSTING OPERATING STANDARDS
8.7.01 General Operating Standards - The facility shall meet all regulations set forth in this rule and its
sub-sections and shall comply with the provisions and limitations of all other pertinent
regulations of the Department, including the General Operating Standards in Solid Waste
Regulation No. 1.
8.7.02 Public Access Hours
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(A)
Public access to the facility shall be limited to hours in which authorized operating
personnel are on duty;
(B)
Public access to the facility shall be prohibited when the facility is closed.
8.7.03 Fencing and Gate Operation - Gates shall be locked and all access points shall be secured
when the facility is closed and when no authorized personnel are on site.
8.7.04 Signs
(A)
There shall be a sign erected at the entrance to the facility, which is clearly legible and
visible, and which shall contain at least the following information:
(1)
Name of facility and operator,
(2)
Emergency phone number,
(3)
Restricted (prohibited) materials,
(4)
Operating hours and days open;
(B)
There shall be adequate directional signs at the entrance and within the grounds of the
facility to direct drivers to the appropriate loading area, assist in traffic flow, and
regulate speed on facility property.
8.7.05 Traffic Flow
(A)
The facility operator shall employ procedures, controls, and operating schedules to
promote even traffic flow, to prevent traffic back-ups, and to keep open the access way
for emergency vehicles;
(B)
The facility operator shall ensure that refuse vehicles unload waste promptly in loading
areas.
8.7.06 Waste Screening and Inspection Operations
(A)
The operator shall implement waste receiving area control measures 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 unsuitable material, including
household hazardous wastes, prior to the initiation of processing.
(B)
All wastes received by the facility shall be subject to the screening and inspection
procedures, per (A) above.
(C)
Prohibited wastes shall include, but not necessarily be limited to, regulated hazardous
waste, regulated medical waste, loads identified as unprocessed or unsegregated
construction and demolition debris, and loads mostly consisting of non-organic wastes.
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(D)
With respect to recyclable materials (if any) in the incoming waste loads, the facility
shall be operated in compliance with all State of Rhode Island requirements regarding
source segregation of recyclable materials and ,correspondingly, the maximum
allowable recyclable materials content in the incoming loads of solid waste, in
compliance with the "Rules and Regulations for Reduction and Recycling of Municipal
Solid Waste" and the "Rules and Regulations for Reduction and Recycling of
Commercial and Non-Municipal Residential Solid Waste".
(E)
Relative to composting, unsuitable wastes shall include wastes, that if put through the
composting process will adversely affect compost quality, These wastes include, but
are not necessarily limited to, household hazardous waste, used motor oil, asbestos,
lead-acid batteries, white goods and other bulky waste. These wastes (if any) shall be
removed during initial inspection and separation of such wastes or during pre-
processing (if any) of the waste stream, prior to composting of the remaining waste
stream.
(F)
Hazards to processing equipment (if any) shall be identified and removed prior to
processing. These include explosives, gas canisters that can explode, oversized
materials, etc..
(G)
Bags of municipal solid waste (MSW) shall be manually or mechanically opened to
expose all content for inspection and sorting or processing.
8.7.07 Characterization of Wastes
The facility owner or operator shall immediately notify the Department if incoming waste
analyses indicate there is a significant change in quality or make-up of the incoming waste
stream.
8.7.08 Restrictions On Co-Composting Wastes (Sewage Sludge, Septage, and Other Amendments)
(A)
If the facility co-composts sewage or septage, as a source of nitrogen, then testing and
analyses of these uncomposted material(s) shall be as described below. If the facility
proposes to co-compost other material(s) as a source of nitrogen or if any other
amendments will be made to the incoming waste stream, such as addition of bulking
agents then the Department shall be notified, prior to the use of the proposed
composting material and the Department shall determine whether or not such
amendment will be allowed and will provide the details of testing required, if any.
(B)
If sewage sludge or septage is to be co-composted, then this uncomposted waste shall
be tested initially, prior to co-composting, and thereafter at least annually for the
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complete TCLP set of parameters and the lab test results from each test shall be
submitted to the Department to verify that this uncomposted waste is not a hazardous
waste.
(C)
If sewage sludge or septage is to be co-composted, then additional characterization of
this waste shall be done initially, prior to co-composting and thereafter at least annually.
This characterization shall include analyses for total Kjeldahl nitrogen, ammonia
nitrogen, nitrate, nitrite, total phosphorus, total potassium, pH, total solids, total volatile
solids, cadmium, copper, total chromium, mercury, nickel, lead, arsenic, molybdenum,
selenium, and zinc.
8.7.09 Incoming Mixed Solid Waste Storage and Schedule for Processing
(A)
All incoming waste, that is not immediately processed shall be confined to the
designated storage area for such waste, until processing occurs;
(B)
Incoming waste shall be processed within three (3) days or disposed of in a manner
acceptable to the Department, unless an alternate option is approved by the
Department;
(C)
If the composting facility (including, but not limited to up-front processing operations
and/or composting operations) is out of service for a longer period of time than the
storage capacity of the site will allow, than additional solid waste shall not be received
at this facility during the outage period.
8.7.10 Substitute Disposal Provisions
(A)
The facility must have an alternate method of disposal, in writing, with another in-state
or out-of-state licensed solid waste management facility for by-passing of incoming
solid waste in the event of equipment failure or forced shut-down or other reason which
prevents the facility from receiving or processing a part or all of its normal solid waste
input or maintaining acceptable operating conditions and environmental controls.
(B)
If, for any reason, the facility becomes inoperable, the owner or operator shall notify the
Department within 48 hours and implement this contingency disposal plan immediately.
8.7.11 Bulky Waste, Special Waste, and Prohibited Waste Handling Procedures and Removal
If any or all of these categories of waste are received by the facility (in the incoming mixed
waste stream) and are not immediately removed off-site for recycling or disposal, then they shall
be stored in a manner and for a time period that is approved by the Department, as provided for
in the approved operating plan.
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8.7.12 Recyclables Handling Procedures and Removal
(A)
Removal and handling of waste for recycling, salvage, or utilization shall be performed
in a controlled manner that does not impede the proper operation of the facility, that
ensures the health and safety of all persons engaged in such activities, and prevents
nuisances and vector intrusion.
(B)
Recyclables that are separated from the mixed waste stream and not immediately
removed off-site for recycling shall be stored in a manner and for a time period that is
approved by the Department, as provided for in the approved operating plan.
8.7.13 Non-Compostable Residuals Handling Procedures, Removal, and Disposal
(A)
Any non-compostable residuals from up-front processing or from composting
operations, if not immediately removed off-site for disposal, shall be stored in a manner
for a time period that is approved by the Department, as provided for in the approved
operating plan.
(B)
Any storage of residuals (if any) shall be done in a manner that prevents nuisances and
vector intrusion.
(C)
Disposal of residuals shall be at a licensed solid waste management facility, except if
the residuals can be recycled off-site.
8.7.14 Compostable Waste Composting Procedures
(A)
Control of Decomposition Rates - The initial carbon-to-nitrogen ratio of the feed-stock
shall be within an acceptable range such that it is low enough to provide sufficient
nitrogen nutrients for vigorous composting, yet it is high enough to minimize ammonia
formation and other odors. If a feed-stock requires the addition of a nitrogen source to
achieve the desired C:N ratio, then the operator shall avoid excessive addition that may
result in ammonia dissipation.
(B)
Moisture Control and Moisture Monitoring
(1)
Percent moisture content in the composting waste shall be maintained within an
acceptable range such as to sustain the desired level of microbial activity necessary for
the desired rate of decomposition of the waste and to prevent over-drying of the pile.
(2)
The owner/operator shall provide a source of water at the facility to be used for
maintaining proper moisture levels in the composting piles. The quality of water shall
be such that it does not contribute significant contaminants to the composting wastes.
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The capability to add moisture uniformly throughout the piles or bed of composting
waste at any time during the composting process shall be provided.
(C)
Air Flow Control
(1)
Sufficient aeration of the composting waste shall be provided so as to:
(a)
Result in aerobic biochemical decomposition of the organic material.
(b)
Enable temperature control.
(2)
Air flow shall be properly controlled. Insufficient aeration shall be avoided to prevent
elevated temperatures that retard microbial activity and to prevent anaerobic
decomposition that result in foul odors and production of plant toxins. Excessive air
flow shall be avoided so as to prevent over-drying and cooling of the pile or bed.
(3)
To Ensure Adequate Aeration
(a)
Windrow Composting Method - the windrows shall be turned (aerated) as often as
necessary to maintain aerobic conditions.
(b)
Aerated static pile composting - piles shall be mechanically aerated as often as
necessary to maintain aerobic conditions.
(c)
Enclosed vessel composting - aeration of the vessel and turning of materials in the
vessel shall be such as to maintain aerobic conditions.
(D)
Mechanical Agitation or Turning of Waste - A schedule for agitation or turning of the
waste shall be implemented that provides for thorough mixing of make-up water added
to the waste, enables uniform air circulation to ensure uniform microbial activity, aerobic
composting, and rapid decomposition, and blends and breaks up material from top to
bottom in the pile or bed to enable production of a homogeneous product.
Note: This does not apply to aerated static pile composting.
(E)
Pathogen and Weed Seed Control - A Process to Further Reduce Pathogens (PFRP) is
required during the composting process as follows (which will also inactivate weed
seeds):
(1)
Windrow Composting Method - A minimum of five turnings of the windrow is required
during a period of 15 consecutive days, while simultaneously maintaining the
temperature of the waste mixture at not less than 55 degrees C (131 degrees F) within
6-8 inches below the surface of the pile. In turning the windrow, the exterior of the pile
shall be turned into the interior to ensure that all solid waste is exposed to composting
conditions.
(2)
Aerated static pile composting method - The pile shall be insulated (e.g. using a 6-12"
layer of sawdust, wood chips, or cured compost) and a temperature of not less than 55
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degrees C (131 degrees F) must be maintained throughout the compost pile for at least
three consecutive days.
(3)
Enclosed vessel composting - The mixture in the vessel shall be maintained at a
temperature not less than 55 degrees C (131 degrees F) throughout the mixture for at
least three consecutive days.
(4)
If other Department-approved composting methods are employed, operating practices
shall reduce pathogens to the extent equivalent to the reduction achieved in any of the
above methods, and such operating practices shall be approved by the Department.
(F)
Temperature Monitoring
(1)
Monitoring of the temperature of the waste during the composting period must be
performed to ensure proper temperature ranges to destroy pathogens and inactivate
weed seeds as well as to maintain proper conditions for microbial activity necessary for
decomposition of the waste.
(2)
During the period when conditions necessary to achieve PFRP are being maintained,
the following temperature monitoring requirements shall be employed (during PFRP
verification):
(a)
Windrow composting -Daily temperature readings shall be taken, at equally spaced
intervals, for at least (no greater than) every thirty feet of windrow length, but in no case
shall there be less than two sets of readings for each windrow. Monitoring shall be at
6-8 inches and 18-24 inches below the pile surface.
(b)
Aerated static pile composting - Daily temperature readings will be taken, at equally
spaced intervals for at least (no greater than) every 20 feet of pile length, but in no case
shall there be less than two sets of readings for each pile. Monitoring shall be at 6-8
inches and 18-24 inches from the outlet of the aeration pipe and at 6-8 inches, 18-24
inches below the pile surface at locations that are not adjacent to an aeration pipe.
(c)
Enclosed Vessel Composting - Daily temperature reading shall be taken, monitoring 6-
8 inches and 18-24 inches inside the vessel wall and 6-8 inches from the aeration
piping when operating in the positive pressure mode. As an option (due to variability of
design among vessel options), the temperature monitoring plan shall be system specific
and must prove to the Department's satisfaction that it will be adequate to determine if
PFRP conditions are being met.
(d)
Temperature readings shall be taken in the same locations each day and an arithmetic
average shall be calculated for each day's readings.
(3)
Throughout the entire composting process the temperatures of the waste being
composted must be monitored and recorded at least once each working day. The
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details of the daily monitoring program shall be provided to the Department, in the
facility's operating plan, and shall be reviewed for adequacy on a case-specific basis.
(G)
Compost Curing Considerations
(1)
Compost curing shall be performed in static piles or windrows.
(2)
Proper moisture levels shall be maintained in the curing piles, in order to sustain
microbial activity.
(3)
Aerobic biochemical decomposition conditions shall be sustained in the piles or
windrows, throughout the curing phase.
(H)
Compost Residence Time - Active composting and curing shall be sufficient time to
satisfy and comply with PFRP and produce a stable, non-odorous product.
8.7.15 Odor Control
(A)
The operator shall prevent and eliminate conditions that create odors.
(B)
The facility shall be operated to control any odors that are created.
(C)
The facility shall not discharge air pollutants which cause objectionable odors off-site
(beyond the facility's property line). 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 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) hours 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.
8.7.16 Vector Control - The facility shall not operate unless any on-site vector population is minimized
by appropriate techniques to protect public health as follows:
(A)
Conditions shall be maintained that are sanitary and therefore unfavorable for the
harboring, feeding, and breeding of vectors.
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(B)
Control of insects and rodents, when 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. Use of such pesticides shall be performed
with care, such that composting waste and finished compost is not contaminated by
these agents.
(C)
The operator shall inspect the facility daily to detect any vectors and promptly take
corrective action.
8.7.17 Litter Control
(A)
The operator shall not allow solid waste, composting waste, finished compost, or other
materials or wastes to be blown or otherwise undesirably deposited off-site.
(B)
The operator shall inspect the facility's property daily to detect litter and promptly take
any necessary and corrective actions.
8.7.18 Dust Control
(A)
The operator shall prevent and eliminate conditions that create dust.
(B)
The operator shall use suitable methods and take appropriate actions at all times to
control dust at the facility, also including access roads to and from the facility and other
areas related to facility operation.
(C)
The operator shall inspect the facility daily to detect any dust accumulation and
promptly take corrective action.
8.7.19 Hot Spot Monitoring and Control - The operators shall inspect the facility daily to detect hot
spots in a storage or composting area and promptly take corrective action, when necessary.
8.7.20 Open Burning Prohibition - Open burning of any type shall be prohibited at a facility.
8.7.21 Air Standards
(A)
The operator shall prevent fugitive air contaminants to a level acceptable to the
Department, and otherwise prevent and control air pollution.
(B)
With respect to air standards, the facility shall not violate state implementation plans
approved or promulgated pursuant to Chapter 23-23, 1956 R.I.G.L., as are or as
amended, the rules and regulations adopted to implement such chapter, and the Clean
Air Act, 42 U.S.C. 7401 et seq., as is and as amended.
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8.7.22 Surface Water Pollution - The facility shall not cause pollution of the surface waters of the
United States so as to violate the Water Pollution Act, 1956 R.I.G.L., Chapter 46-12, as is or
as amended, Section 402 of the Clean Water Act, 33 U.S.C. 1251 et seq., nor shall the facility
cause a discharge of dredged material or fill in violation of section 404 of the Clean Water Act,
as is or as amended.
8.7.23 Groundwater Pollution - The facility shall not cause pollution of any groundwater. In addition,
the facility shall comply with the requirements of the Clean Water Act, 33 U.S.C. 1251 et seq.,
and the regulations adopted pursuant to the Act, specifically 40 CFR 257.3-4, as are or as
amended.
8.7.24 Surface Water/Stormwater Control and Erosion Control
(A)
Surface water and stormwater shall be diverted away from the operating area, to
include all areas where waste is received, stored, processed, and composted, and
cured, as well as the finished compost storage area and any waste residual storage
area.
(B)
Surface water, stormwater, and any other water that comes in contact with wastes
stored for composting, waste being processed or composted or cured, compost waste
residue, or processed material which does not meet the specifications for finished
compost shall be considered leachate and shall be diverted to the collection area for
proper disposal or shall be re-used in waste processing or composting.
(C)
The facility owner and/or operator shall employ procedures to prevent and minimize
erosion and sedimentation during construction, operation, and after closure.
8.7.25 Leachate and Waste Water Control
(A)
All leachate must be managed by a Department approved method and treated, if
necessary, to meet any applicable requirements.
(B)
The facility shall contain, collect, recycle, or properly dispose any and all liquid waste
received or generated at the facility.
(C)
Any waste water and liquid waste that is not recycled, but instead disposed, shall be
disposed in a manner that does not pollute any source of private or public water supply,
any waters of the state, or groundwater.
8.7.26 Operational Records Requirements - The owner or operator shall record and shall maintain (for
at least three (3) years) the following information regarding daily facility activities. Records
53
shall be available for inspection by Department personnel during normal business hours.
Daily records and logs shall include the date of the event.
(A)
Source, description and quantity of all wastes received at the facility, as well as
additives, seed material, bulking agents, or other materials to be used in the
composting process, recorded on a daily basis, on their day of receipt;
(1)
The "source" shall include the name and address of the generator or point of origin of
such waste, additive, seed material, bulking agent, or other material used in the
composting process,
(2)
"Wastes" shall include both compostable and non-compostable wastes and shall be
recorded individually and separately, whenever such wastes are received in segregated
forms,
(3)
"Quantity" shall be the weight or volume of waste, additives, seed material, bulking
agents or other materials received and the quantity of each type of material shall be
recorded individually and separately.
(B)
Description and quantity, by weight or volume, of prohibited or non-processible wastes
transported from the facility and destination of such waste, recorded on a daily basis.
These wastes shall include, but not be limited to, any hazardous, non-permitted, bulky,
or other special wastes in the incoming waste stream which have been separated out.
(C)
Description and quantity, by weight or volume, for each category of recyclable,
salvaged, or recovered material transported from the facility and destination of such
waste, recorded on a daily basis.
(D)
Description and quantity, by weight or volume, of compost residues, or other processed
non-compostable residue or foreign matter transported from the facility for disposal and
destination of such solid waste, recorded on a daily basis.
(E)
Description and quantity by weight or volume, of any waste by-passed by the facility in
the event of equipment failure or forced outage or other reason which prevents the
facility from receiving or processing this waste. This daily record shall indicate that this
is by-passed waste and shall indicate the reason for by-passing the waste and the
destination of such waste.
(F)
Quantity of non-marketable composted material, by weight or volume, transported from
the facility for disposal and destination of such material, recorded on a daily basis. This
record shall indicate that the material is non-marketable and the record shall indicate
the reason (lack of market, does not meet market specifications, does not meet product
quality standards for Class "A", "B", or "C" compost or other reason).
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(G)
For both bagged and bulk compost, the quantity by weight or volume, of finished,
marketed compost, transported from the facility, and the planned location and proposed
use of the compost, for each compost procurer or buyer of greater than ten (10) cubic
yards of compost, recorded on a daily basis. The name and address of each procurer
or buyer shall be recorded and if bulk compost is being procured, the compost batch
I.D., (see (xii) below) shall be recorded. Also, signatures of the facility's representative
and the user shall be recorded.
(H)
A daily temperature log, for each monitoring point in compost piles, windrows, or beds,
which at least includes the monitoring point I.D., (including identification of particular
composting pile, windrow or bed and location within the pile, windrow or bed), age of
the pile, windrow or bed at the particular monitoring point (i.e., number of days since
composting commenced), date, time, temperature reading, data collection method and
name of person collecting data.
(I)
A daily moisture log, which describes composting pile, windrow or bed inspections and
any actions taken to maintain proper moisture, including addition of water as
necessary.
(J)
For windrow method of composting, a daily log to be kept for each windrow, which
includes windrow I.D., date composting commences, and dates of turning of the
windrow (to aerate and mix pile). For other methods of composting, a daily log to be
kept, which includes pile or bed I.D., date composting commences and dates of
aeration of the pile or bed.
(K)
A composting time retention log, which identifies, for each pile, windrow, or bed being
composted, the total number of days elapsed from commencement of composting to
completion of the entire composting processing [including high-rate decomposition,
stabilization, curing and refining, (if applicable)].
(L)
If sewage sludge or septage is co-composted, all lab analyses of all tests performed on
representative samples, shall be retained. If the Department requires sampling and
testing of any other wastes, additives, bulking agents, or other materials, than those lab
analyses shall also be retained.
(M)
Relative to sampling and testing, and classification of finished compost:
(1)
A sampling log shall be kept with an entry for each batch of finished compost to be
sampled and tested, per the approved sampling plan, to include the compost batch I.D.,
the date and time of sampling, the sampling method and location, the name of the
person performing the sampling, and the lab to which samples were sent.
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(2)
All lab analyses of all tests performed on samples of finished compost shall be
retained.
(3)
A compost classification log shall be kept, which includes, for each batch of finished
compost, the compost batch I.D., the classification assigned to that batch, and
supporting information used by the facility's owner/operator to justify assigning that
classification.
(N)
A record of actions log, which provides a summary of corrective actions taken by the
facility owner/operator, relative to any deficiencies noted in Department inspection
reports and relative to any deficiencies or violations issued by the Department in letters
of deficiency or notices of violations.
(O)
Summary of all maintenance procedures on processes, equipment, or monitoring and
control systems, and site inspection records.
(P)
Personnel Training Records - Training records that document the type and amount of
training received by current facility personnel shall be maintained at the facility in
accordance with the operating plan.
(Q)
Any other records to be kept, as required by the Department or as provided in the
approved operating plan.
8.7.27 Operational Reports to DEM - The facility owner and/or operator shall provide periodic written
reports of operation, if required by DEM per the approved license. The details and frequency
of reporting shall be provided in the approved operating plan or as license conditions.
8.7.28 Facility Equipment Requirements
(A)
The operator shall maintain on-site equipment necessary for facility operation in
accordance with the license. The equipment shall be maintained in an operable
condition.
(B)
Replacement equipment and parts for equipment which is subject to excess wear or
frequent breakdown, due to the nature of operation shall be stored on-site or at a place
where it can be available within twenty-four hours, to provide expedient repair.
(C)
If a breakdown of operator's equipment occurs, standby equipment shall be utilized as
necessary to comply with any license condition.
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8.7.29 Facility Inspection and Maintenance
(A)
The operator of the facility shall maintain all facility components, systems, and
equipment in a manner that facilitates proper operation and minimizes downtime.
(B)
Immediately following the initiation of facility operation, facility personnel shall begin
routine inspection for operating effectiveness and equipment/component/system
deterioration or malfunction.
(C)
A planned maintenance and overhaul schedule for major equipment shall be
established and executed during facility operation.
8.7.30 Health and Safety
(A)
The facility shall be designed, operated, and maintained in such a manner so as to
protect the health and safety of users of the facility and personnel associated with
facility operation, and persons in close proximity to the facility.
(B)
First aid facilities and supplies shall be available at the facility.
8.7.31 Fire Prevention and Protection
(A)
The facility shall be maintained and operated to prevent and minimize the potential for
fire or explosion.
(B)
The facility shall have a suitable quantity of water at sufficient pressures suitable for
fire-fighting purposes and approved by the local fire authority.
(C)
Portable fire extinguishers and fire control equipment shall be available and in proper
working condition, at the operating area of the facility.
8.7.32 Emergency Support Services - The facility shall have arrangements, in writing, from nearby fire
department, police department, rescue service, medical service, hazardous waste emergency
response company, and hazardous waste transporter to provide emergency services in case
of facility fires, explosions, hazardous waste incidents or other similar emergencies.
8.7.33 Personnel Staffing Requirements
(A)
There must be at least one trained attendant (trained in the operation of the facility) on
site during any and all operating hours that the facility is open to receive waste.
(B)
The facility shall maintain sufficient types of quantity and personnel during each
operating shift to assure the proper and orderly operation of all components and
systems, along with the ability to handle all routine maintenance requirements. Such
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personnel shall have sufficient educational background, employment experience,
and/or training to enable them to perform their duties in a safe and competent manner.
8.7.34 Facility Management
(A)
Each operating shift shall have a designated shift supervisor or equivalent to direct and
implement operational decisions during that shift.
(B)
The operation of the facility shall be under supervision and control of qualified
individual(s) during all operating hours.
8.7.35 Personnel Training Programs
(A)
There shall be a comprehensive training program for all employees covering normal job
responsibilities and procedures, emergency situations and procedures, and safety
issues.
(B)
Employees involved with operation and/or maintenance of the facility shall receive
training at least annually.
(C)
Facility specific training manual(s) shall be used for training facility personnel. The
manual(s) shall be kept up-to-date, with any necessary revisions made at least
annually. The manual(s) shall be kept in a readily accessible location and shall be
available for inspection by the Department.
(D)
Operating and maintenance personnel shall receive their initial training prior to
assumption of operational/maintenance activities.
8.7.36 Emergency Contingency Plans - Contingency plans and procedures to handle fires,
explosions, hazardous waste incidents and similar emergencies shall be developed for facility
personnel and in conjunction with local authorities (police, rescue, fire, medical groups,
hazardous waste response companies and transporters), prior to facility operation.
8.7.37 Operation and Maintenance Manual - An operations manual of policies and procedures
specific to the facility shall be prepared and updated as needed and available at the facility for
inspection by the Department. It shall include general design information, and detailed
operational information and instructions that enable supervisory and operating personnel to
determine sequence of operations, and routine maintenance procedures with schedules to be
followed. Also, it shall include, safety requirements and procedures, emergency shutdown
procedures and trouble-shooting procedures.
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8.7.38 Finished Compost Storage and Removal
(A)
The amount of finished compost stored at the facility shall not exceed the designed
finished compost storage capacity.
(B)
Storage of finished compost on site is limited to twelve months. Any finished compost
that is not used or sold within twelve months shall be removed from the site.
(C)
Processed material which does not meet specifications for compost shall be managed
by the facility as residual waste and shall be disposed of off-site in a manner and
schedule consistent with testing, approved by the Department.
(D)
Incoming solid waste shall not be mixed with finished compost. In order to discourage
re-introduction of contaminants, pathogens, and weed seeds, finished compost shall
not have any such unprocessed waste mixed in.
(E)
Finished compost shall not be stored where continuous or intermittent contact can
occur between compost and groundwater.
(F)
Finished compost shall be stored in a manner which does not create a dust or odor
nuisance for off-site receptors.
8.7.39 Facility Closure Plan
(A)
The facility's owner/operator shall notify the Department at least three months prior to
the anticipated date that closure operations are to begin.
(B)
The facility must implement the approved closure plan.
(C)
Requests for deviations from the previously approved closure plan shall be in writing,
including an updated final closure plan, if appropriate, and written approval from the
Department must be obtained prior to implementation.
(D)
After the closure plan has been fully implemented, the Department shall be notified so
that an inspection may be made by Department personnel. A list of deficiencies, if any,
will be returned to the owner of the facility. A final Department inspection will be
required after all deficiencies are corrected.
(E)
A professional engineer registered in the state of Rhode Island must certify that the
facility is properly closed in conjunction with its approved closure plan.
8.7.40 Transportation Requirements - Any incoming sewage sludge or septage (if any) shall be
transported to the facility in vehicles which are properly sealed, watertight and covered while
in transit so as to prevent any leakage or dropping of such waste.
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8.7.41 Compost Distribution - Compost product offered for distribution shall meet the requirements of
Rhode Island General Laws, Chapter 22 "Rhode Island Soil Amendment Law" and those
parameters outlined in Rule 8.8.00, "Compost Product Requirements and Distribution".
8.8.00 COMPOST PRODUCT REQUIREMENTS AND DISTRIBUTION
8.8.01 Compost Quality Standards - This rule applies to compost produced in all types of composting
facilities subject to these regulations. The parameter limits for three classes of compost,
Class "A", Class "B" and Class "C", are established in this section. [The allowed uses of these
three classes of compost are provided in Rule 8.8.03]. Any finished compost which does not
meet the limits established for Class "A" or Class "B" compost shall be considered Class "C"
where specific Class "C" limits for heavy metals are omitted.
(A)
Heavy Metal Limits - mg/kg (dry weight) - maximum allowed
Parameter
Class "A"
Class "B"
Arsenic
41
75
Cadmium
39
85
Chromium
1200
3000
(total)
Copper
1500
4300
Lead
300
840
Mercury
17
57
Molybdenum
75
75
Nickel
420
420
Selenium
36
100
Zinc
2800
7500
(B)
Toxic Organics - mg/kg - maximum allowed
Parameter
Class "A"
Class "B"
Class "C"
PCB (total)
1.0
1.0
10
(C)
Pathogens - Pathogens include bacteria, viruses, protozoa, helminth and fungi. All
classes of compost shall be produced from a process to further reduce pathogens
(PFRP). Acceptable composting measures to result in PFRP conditions are provided in
Rule 8.7.14(E). Additionally, all classes of compost produced from mixed solid waste
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shall have a fecal coliform density less than 1,000 Most Probable Number per gram of
total solids (dry weight) (1,000 MPN/gTS) OR a Salmonella density less than 3 Most
Probable Number per 4 grams of total solids (3 MPN/4gTS).
(D)
Foreign Matter - % dry weight - All classes of compost shall not contain glass, metal,
etc. (i.e.: foreign materials) that exceed the limits below. The weight fraction of all
foreign matter may be no greater than the limits as follows:
Parameter
Class "A"
Class "B"
Class "C"
Foreign matter 1%
2%
4%
(E)
Particle Size Distribution
(1)
Class "A" limit: 100% < 10mm (0.39") particle size
(2)
Class "B" limit: 100% < 10mm (0.39") particle size
(3)
Class "C" limit:
100% < 25mm (0.98") particle size.
(F)
Electrical Conductivity (maximum soluble salts) - The optimal range for growing media,
i.e., compost amended soil, is 0.5-4.5 mmhos/cm. Acceptable levels will vary
according to end user application. Compost producers shall provide electrical
conductivity information on labels or in other product literature, for the intended end-
user application and comply with user industry standards.
(G)
pH - The acceptable pH level will vary according to end user application and will
generally be in the 5.5-8.5 range. Compost producers shall provide pH information on
labels or in other product literature, for the end-user application and comply with user
industry standards.
(H)
Maturity and Stability
(1)
Class "A" compost and Class "B" compost shall be brown to black in color and shall
have a reduction in organic matter, via the composting process, of at least 60% as
measured by reduction in volatile solids. It shall be sufficiently stable, such that it does
not reheat, upon standing, to greater than 20 degrees C above ambient temperatures.
Other techniques or measures, subject to the approval by the Department may be
substituted for the above to demonstrate an equivalent maturity and stability.
(2)
Class "C" compost shall be light to dark brown or brown to black in color and shall have
a reduction in organic matter, via the composting process, of at least 40%, as
measured by reduction in volatile solids. It may reheat, upon standing, to greater than
20 degrees C above ambient temperature. Although it may not be a very stable
compost, it shall at least be of a state which does not create a nuisance (odor or vector)
problem, during storage or when applied by the end-user. Other techniques or
61
measures, subject to the approval by the Department, may be substituted for the above
to demonstrate an equivalent maturity and/or stability.
(3)
Relative to compost pile stability, temperature measurements, to determine reheat
characteristics, shall be at a point two feet into the pile from its outside surface.
(4)
Additionally, all classes of compost produced from waste that included sewage sludge
and/or septage as a co-composting material shall be produced from a composting
process, whereby the temperature of the composting waste is kept at 40 degrees C for
at least 14 days and the average temperature of the composting waste during this 14
day period is greater than 45 degrees C.
8.8.02 Compost Sampling and Testing Requirements - (This rule applies to all composting facilities.)
(A)
Sampling and Testing Schedule (for final product)
(1)
The Department shall establish an appropriate sampling and testing schedule for the
start-up period (first year of operation).
(2)
The frequency of sampling and testing shall be performed as specified in the facility's
approved QA/QC plan, but it shall occur at a frequency not less than the following
schedule, after the start-up period, unless otherwise approved by the Department:
Parameter
Average Compost
Frequency of
Set
Produced
Analysis*
#1
< 1 Dry ton per day semi-annual
#1
1-10
Dry ton per day
monthly
#1
> 10
Dry ton per day
weekly
#2
< 1
Dry ton per day
annually
#2
1-10
Dry ton per day
semi-annually
#2
> 10
Dry ton per day
monthly
*All analysis shall be performed on samples composited from no less than three (3) grab
samples, unless specific analysis protocol require otherwise (i.e.: specific analytical
protocols may require analysis of grab vs. composite samples).
Parameters in Set #1 include heavy metals (arsenic, cadmium, chromium (total), copper, lead,
mercury, molybdenum, nickel, selenium, and zinc), total solids, total volatile solids, total
Kjeldahl nitrogen, ammonia nitrogen, nitrate, nitrite, total phosphorus, total potassium,
and pH.
Parameters in set #2 include PCB's (total), % foreign matter, particle size distribution, electrical
conductivity (soluble salts), and product stability (°C reheat or other approved
measure).
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(3)
The Department may decrease or increase the frequency of required sampling and
testing due to changes in the make-up of the facility's input waste stream, results of the
monitored data, changes in the rate of compost production, or other appropriate
factors.
(4)
The Department may add or delete parameters to be analyzed due to changes in the
make-up of the facility's input waste stream, changes in the pre-processing of waste
prior to composting, results of the monitored data, Federal requirements (if any), or
other appropriate factors.
(B)
QA/QC Requirements
(1)
Sampling and analysis shall be performed, using approved EPA protocols, and per the
facility's QA/QC plan that has been approved by the Department.
(2)
All analyses must be performed by a laboratory acceptable to the Department.
(3)
Reports of Analyses shall include copies of laboratory results with all results reported
on a dry weight basis except pH, total solids, and total volatile solids.
8.8.03 Compost Utilization, Distribution, and Labeling Requirements - This rule applies to compost
produced in all types of composting facilities subject to these regulations. Class "A", Class
"B", and Class "C" compost are defined, according to compost quality standards, in Rule
8.8.01. Any facility that produces and/or distributes compost must comply with the
Department's Office of Natural Resource Services Commercial Fertilizer Law, as amended
(Rhode Island General Law §2-7) and any other Rules and Regulations pertaining to fertilizer
and soil amendment products. All fertilizer and soil amendment products must be registered
with the Rhode Island Office of Natural Resource Services before being offered for sale.
(A)
Class "A" Compost
(1)
Class "A" Compost Utilization: Unrestricted use - this class of compost may be
distributed for agricultural and non-agricultural use including, but not limited to, the
following:
(a)
Agricultural uses.
(b)
Homeowner use.
(c)
Nurseries and tree farms.
(d)
Floriculture and turf-grass production.
(e)
Other agricultural and horticultural uses.
(f)
For landscape applications, including also highway medians and roadsides.
(g)
For public parks and grounds, sports fields and stadiums, golf courses, cemeteries, and
similar applications.
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(h)
On forest land.
(i)
For land reclamation.
(2)
Class "A" Compost Distribution and Labeling:
(a)
Bagged or Packaged Compost - All compost that is bagged or distributed in any other
packaged form shall be properly labeled. The label shall appear on the face or display
side of the container and the label shall contain, at a minimum, the following
information in a readable and conspicuous form:
(i)
Net weight or volume of the contents.
(ii)
Brand name, which shall include in its name or in a separate section of the label, an
indication that it qualifies as R.I. Class "A", Class "B", or Class "C" compost (per
compost quality standards within Rule 8.8.01.
(iii)
The type of waste the compost product was derived from, including a listing of wastes
that make-up the waste stream that was composted, any bulking agents, and any co-
composting materials or wastes.
(iv)
Recommended safe uses.
(v)
Any restrictions (prohibitions) on use of the product.
(vi)
Directions for application to soil (to include recommended land application rates).
(vii)
Name and address of the registrant (distributor).
(viii)
Warning to keep out of reach of children.
(ix)
Electrical conductivity, and pH ranges of compost and the acceptable levels according
to end user applications.
(x)
If the recommended land application method does not include mixing or blending this
product with existing on-site soils, then a statement that the product is "lead safe" but
not "lead free" must appear on he package. If the product is "lead free", then no
statement is required.
(b)
Unpackaged or Bulk Distribution of Class "A" Compost - Unpackaged or bulk
distribution shall mean Class "A" compost that are sold or given away in bulk (not in a
bag or container) for application to the land. Class "A" compost that is sold or given
away in a container holding more than fifty (50) pounds of Class "A" compost shall be
considered unpackaged distribution. The requirements for the distribution of
unpackaged Class "A" compost is based on volume as follows:
(i)
Less Than Ten (10) Cubic Yards - Any distributor of Class "A" compost must provide, in
writing, to all users taking less than ten (10) cubic yards per day the same information
as required for bagged or packaged compost.
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(ii)
More Than Ten (10) Cubic Yards - Any distributor of Class "A" compost must provide a
"User's Guide" to all users taking more than ten (10) cubic yards per day, in addition to
the information required for bagged or packaged compost distribution. The "User's
Guide" must be approved by the Department, and must include instructions on the
proper use of the product for various applications.
The distributor must maintain written records of the following information: date the
Class "A" compost was taken; name of user; amount of Class "A" compost taken, and
its intended use and location; and signatures of the operator and the user. The
distributor must also indicate in the records that the user received a "User's Guide".
Said records must be available for inspection at all times.
(B)
Class "B" Compost Utilization and Distribution: This class of compost may be
distributed for agricultural and non-agricultural applicants with Department approval,
and must be limited to bulk distribution only. Restrictions apply on use where crops are
produced for direct human consumption, residential/homeowner use, any use with
unrestricted public access, or any use where excessive ingestion of soil/dust may occur
by children under seventy-two (72) months of age. All projects and/or locations utilizing
Class "B" compost must obtain advance approval from the Department.
(1)
Agricultural Utilization of Class "B" Compost - This subrule applies to the utilization of
Class "B" compost as a fertilizer and/or soil amendment to enhance agricultural lands.
Such uses may include, but are not limited to nurseries and tree farms, floriculture, and
turfgrass production.
(a)
Soil Analysis - Soil from the proposed land application site must be tested for metals
and for the parameters listed in Rule 8.8.01 above. The Director shall determine the
testing and reporting frequency. All soil analyses shall be the responsibility of the
applicant.
(b)
Land Application Rates - All Class "B" compost intended for agricultural utilization must
be applied at an annual rate not to exceed the amount necessary to supply adequate
available nitrogen for crop production using good agricultural practices or not to exceed
the maximum annual rates recommended by the U.S. Department of Agriculture to
achieve fertilizer benefits and soil improvement.
(c)
Cumulative Loading Rates - The maximum amount of Class "B" compost that can be
applied to a land application site shall be subject to satisfying either:
(i)
Federal or Department determined Annual Pollution Loading Rate Limits, or
(ii)
Federal or Department determined Cumulative Pollution Loading Rate Limits;
The amount of metals in the soil shall be deducted from each calculation.
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(d)
Crops - Food chain crops with harvested parts that touch the Class "B" compost/soil
mixture and are totally above the land surface shall not be harvested for fourteen (14)
months after application of Class "B" compost. Food chain crops with harvested parts
below the surface of the land shall not be harvested for twenty (20) months after
application of Class "B" compost when the Class "B" compost remains on the land
surface for four (4) months or longer prior to incorporation into the soil. Food chain
crops with harvested parts below the surface of the land shall not be harvested for thirty
eight (38) months after application of Class "B" compost when the Class "B" compost
remains on the land surface for less than four (4) months prior to incorporation into the
soil. Food chain crops with harvested parts that do not touch the Class "B"
compost/soil mixture, feed crops and fiber crops shall not be harvested for thirty (30)
days after application of Class "B" compost. If a land application site receives Class
"B" compost which meets the pathogen limits established for Class "A" compost, the
requirement above may be waived. Soil pH must be maintained at 6.5 or higher to
reduce solubility and plant uptake of heavy metals.
(e)
Animal Grazing - Animals whose products are consumed by humans shall not be
allowed to graze on land where Class "B" compost is applied for thirty (30) days after
the last application of Class "B" compost has occurred. If a land application site
receives Class "B" compost which meets the pathogen limits established for Class "A"
compost, this requirement may be waived.
(f)
Turf - Turf grown on land where Class "B" compost is applied shall not be harvested for
one (1) year after the last application of Class "B" compost has passed when the
harvested turf is placed on either land with a high potential for public exposure or a
lawn. If a land application site receives Class "B" compost which meets the pathogen
limits established for Class "A" compost, this requirement may be waived.
(g)
Public Access - Public access to land where Class "B" compost has been applied shall
be prohibited by the owner or operator until such time as vegetative growth has been
established on the site or one (1) year has passed since the last application of Class
"B" compost to land with a high potential for public exposure, such as a park or ballfield
or thirty (30) days has passed since the last application of Class "B" compost to land
with a low potential for public exposure, such as private farmland. If a land application
site receives Class "B" compost which meets the pathogen limits established for Class
"A" compost, this requirement may be waived.
(h)
Frozen Ground - No Class "B" compost shall be applied to frozen, flooded or snow-
covered ground unless appropriate erosion and runoff control measures are provided.
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(i)
Groundwater - A minimum of two (2) feet of soil is required between the lowest level of
Class "B" compost and the highest water table level established during the seasonal
high groundwater table period determined by the Department in accordance with the
Department's ISDS Regulations. In addition, a minimum of three (3) feet of soil is
required between the highest level of bedrock and the lowest level of applied Class "B"
compost.
(j)
Surface Water - No Class "B" compost shall be land applied within fifty (50) feet of any
body of surface water or within one hundred (100) feet of any body of surface water
within the watershed of a public drinking water supply. The Director, may, if necessary,
require continuous monitoring of any surface water courses in the vicinity of the
proposed Class "B" compost application site. Such monitoring shall be of a type and
frequency determined by the Director on a case-by-case basis and shall be the
responsibility of the owner or operator. If the applicant demonstrates to the satisfaction
of the Department that any runoff from the proposed project will not affect surface
water, this requirement may be waived.
(k)
Drinking Water Wells - No Class "B" compost shall be land applied within fifty (50) feet
of any private drinking water supply well or within four hundred (400) feet of any public
drinking water supply well. Land application of Class "B" compost shall be in
accordance with the Rhode Island Groundwater Protection Act of 1985, General Laws
Chapter §46-13.1, or as amended, and any rules and regulations promulgated
thereunder.
(l)
Distance to Property Lines - No Class "B" compost shall be land applied within fifty (50)
feet of a property line.
(m)
Monitoring Wells - Groundwater monitoring shall be of a type and frequency determined
by the Director on a case-by-case basis and shall be the responsibility of the owner or
operator.
(n)
Erosion Control - All Class "B" compost application sites where the slope exceeds three
(3) percent, or where runoff and erosion may result, shall be designed for appropriate
erosion control measures (Rhode Island Erosion and Sediment Control Handbook,
USDA, SCS, 1990). The maximum allowable annual soil loss shall not exceed three
(3) tons per acre when applying the Universal Soil Loss Equation.
(o)
Transportation - All Class "B" compost shall be transported in vehicles which are
properly covered while in transit so as to prevent any dropping of Class "B" compost.
(2)
Non-Agricultural Utilization of Class "B" Compost - This subrule applies to utilization of
Class "B" compost as a fertilizer and/or soil amendment to enhance non-agricultural
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lands. Such uses may include, but are not limited to public parks and grounds, sand
and gravel pit reclamation, roadsides and medians, silviculture, playgrounds, golf
courses, ballfields and stadiums and cemeteries.
(a)
Cumulative Loading Rates - The maximum amount of Class "B" compost that can be
applied to a land application site shall be subject to satisfying either:
(i)
Federal or Department determined Annual Pollution Loading Rate Limits, or
(ii)
Federal or Department determined Cumulative Pollution Loading Rate Limits;
The amount of metal in the soil shall be deducted from each calculation.
(b)
Public Access - Public access to land where Class "B" compost is applied shall be
prohibited by the owner or operator until such time as vegetative growth has been
established on the site, or one (1) year has passed since the last application of Class
"B" compost to land with a high potential for public exposure, such as a park or ballfield
or thirty (30) days has passed since the last application of Class "B" compost to land
with a low potential for public exposure, such as a sand and gravel pit reclamation site.
If a land application site receives Class "B" compost which meets the pathogen limits
established for Class "A" compost, this requirement may be waived.
(c)
Frozen Ground - No Class "B" compost shall be applied to frozen, flooded or snow-
covered ground unless appropriate erosion and runoff control measures are provided.
(d)
Groundwater - A minimum of two (2) feet of soil is required between the lowest level of
Class "B" compost and the highest water table level established during the seasonal
high groundwater table period determined by the Department in accordance with the
Department's ISDS Regulations. In addition, a minimum of three (3) feet of soil is
required between the highest level of bedrock and the lowest level of applied Class "B"
compost.
(e)
Surface Water - No Class "B" compost shall be land applied within fifty (50) feet of any
body of surface water or within one hundred (100) feet of any body of surface water
within the watershed of a public drinking water supply. The Director, may, if necessary,
require continuous monitoring of any surface water courses in the vicinity of the
proposed Class "B" compost application site. Such monitoring shall be of a type and
frequency determined by the Director on a case-by-case basis and shall be the
responsibility of the owner. If the applicant demonstrates to the satisfaction of the
Department that the proposed project will not affect surface water, this requirement
may be waived.
(f)
Drinking Water Wells - No Class "B" compost shall be land applied within fifty (50) feet
of any private drinking water supply well or within four hundred (400) feet of any public
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drinking water supply well. Land application of Class "B" compost shall be in
accordance with the Rhode Island Groundwater Protection Act of 1985, General Laws
Chapter §46-13.1 and any rules and regulations promulgated thereunder.
(g)
Distance to Property Lines - No Class "B" compost shall be land applied within fifty (50)
feet of a property line.
(h)
Monitoring Wells - Groundwater monitoring shall be of a type and frequency determined
by the Director on a case-by-case basis and shall be the responsibility of the owner or
operator.
(i)
Erosion Control - All Class "B" compost application sites where the slope exceeds three
(3) percent, or where runoff and erosion may result, shall be designed for appropriate
erosion control measures (Rhode Island Erosion and Sediment Control Handbook,
USDA, SCS, 1990). The maximum allowable annual soil loss shall not exceed three
(3) tons per acre when applying the Universal Soil Loss Equation.
(j)
Transportation - All Class "B" compost shall be transported in vehicles which are
properly covered while in transit so as to prevent any dropping of Class "B" compost.
(C)
Class "C" Compost Utilization and Distribution - This class of compost is restricted to
use in locations with limited public access and must be limited to bulk distribution only.
All projects and/or locations utilizing Class "C" compost must obtain advanced approval
from the Department, and allowable uses are limited to the following:
(1)
Landfill cover material (if approved by the landfill)
(2)
Other uses, if approved by the Department, on a case-by-case basis, and which may
be subject to satisfying either:
(a)
federal annual pollution loading rate limits or Department determined annual pollution
loading rate limits, or
(b)
federal cumulative pollution loading rate limits or Department-determined cumulative
pollution loading rate limits.
The amount of metal in the soil shall be deducted from each calculation.
(3)
Transportation - All Class "C" compost shall be transported in vehicles which are
properly covered while in transit so as to prevent any dust or dropping of Class "C"
compost.
(D)
Unlabeled Compost - Any bagged or packaged compost that does not contain all of the
required information on the label and/or any bulk compost that does not have the
required accompanying hand-out or other form of hard copy per Rule 8.8.03(A),
8.8.03(B), and 8.8.03(C) shall be considered solid waste and must be handled and
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disposed per Department solid waste disposal requirements, unless otherwise
approved by the Department for use as compost or for other applications. This shall
apply to compost produced from facilities in Rhode Island, as well as in other states,
and distributed/marketed in Rhode Island for land application in Rhode Island.
(E)
Improperly Labeled Compost
(1)
Any bagged or bulk compost that is not in compliance with the required labeling details,
per Rules 8.8.03(A), 8.8.03(B), and 8.8.03(C) respectively, shall be considered solid
waste and must be handled and disposed per Department solid waste disposal
requirements, unless otherwise approved by the Department for use as compost or for
other applications. This shall apply to compost produced from facilities in Rhode
Island, as well as in other states, and distributed/marketed in Rhode Island for land
application in Rhode Island.
(2)
No information or statement shall appear on any package, label, written hand-out,
delivery slip, or other form of hard copy, or in any advertising matter which is false or
misleading to the purchaser as to the use, value, quality, analysis, or composition.
(3)
No person shall distribute or market an adulterated compost. The compost shall be
deemed to be adulterated if:
(a)
It contains any deleterious or harmful agent in sufficient amount to render it injurious to
beneficial plant, animal, or aquatic life when applied in accordance with directions for
use on the label (or on any written hand-out or other form of hard copy, relative to bulk
compost), OR
(b)
Adequate warning statements and directions for use, which may be necessary to
protect plant, animal, or aquatic life are not shown upon the label (or on any written
hand-out or other form of hard copy, relative to bulk compost), OR
(c)
Relative to compost to be distributed/marketed as a soil amendment, if soil amending
ingredients are listed or guaranteed on the label (or on any written hand-out or on other
form of hard copy relative to bulk compost) and if the actual composition of such
ingredients falls below or differs from that which it is purported to possess by its
labeling, OR
(d)
The compost is to be distributed/marketed as a soil amendment and the compost
contains unwanted crop or weed seed or primary noxious or secondary noxious weed
seed.
(F)
Other Soil Amendment Considerations
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(1)
If the compost is to be distributed/marketed as a soil amendment, then no soil
amending ingredient may be listed or guaranteed on labels (or on any written hand-outs
or other form of hard copy, relative to bulk compost) without the permission of the
Director. The Director may allow a soil amending ingredient to be listed or guaranteed
if satisfactory supporting data is provided to the Director to substantiate the value and
usefulness of the soil amending ingredients.
(2)
If the compost is to be distributed/marketed as a soil amendment, then each identified
product (brand) shall be registered before being distributed/marketed in Rhode Island
The application for registration shall be submitted to the Director on application forms
furnished or approved by the Director and shall be accompanied by a fee of fifty
($50.00) dollars per product. The manufacturer of the compost shall submit to the
Director a copy of the label (or written hand-out or other form of hard copy, relative to
bulk compost) and any advertising literature proposed to be used, and these shall
accompany the application for registration for each identified product. Prior to
approving the application for registration of each product, the Director may require
evidence to substantiate any claims made on the label, in written hand-outs or other
forms of hard copy, or in advertising literature and the Director may also require proof
of the value or usefulness of the compost. If the Director approves the registration
application, then a certified copy of the registration shall be furnished to the applicant.
All registrations expire on December 31 of each year.
(3)
If the compost is to be distributed/marketed as a soil amendment, then it may be
subject to additional considerations, per regulatory oversight by the Rhode Island Office
of Natural Resource Services, as authorized per Title 2 "Agriculture and Forestry",
Chapter 22 "Soil Amendment" of the Rhode Island General Laws of 1956, as re-
enacted by Chapter 78 of the Public Laws of 1987, or as further amended.
8.8.04 Distribution and Marketing of Out-of-State Compost in Rhode Island
- This rule applies to
compost produced at an out-of-state composting facility (where the composting facility is of a
type included under these regulations), which in turn is distributed and marketed in Rhode
Island.
(A)
Compost Quality Standards - Compost produced at an out-of-state composting facility
which has not been approved by the Department for use in Rhode Island or which does
not at least meet quality standards for Rhode Island Class "C" compost, per Rule
8.8.01, or which is produced by a composting facility which has not complied with the
regulatory requirements of the state in which it is located, shall be deemed to be solid
71
waste upon transfer to Rhode Island (unless it is determined to be hazardous waste)
and shall be managed as such.
(B)
Allowable Uses - Compost produced at out-of-state composting facilities may be
marketed in Rhode Island in accordance with the allowed uses for compost produced in
Rhode Island, per Rule 8.8.03.
(C)
Sampling and Testing Requirements - Compost produced at out-of-state composting
facilities must be sampled and tested in accordance with sampling and testing
requirements for compost produced at Rhode Island composting facilities; per Rule
8.8.02, prior to distribution and marketing in Rhode Island.
(D)
Storage Requirements - Any compost at an out-of-state composting facility, proposed
for distribution and marketing in Rhode Island, shall not have been stored more than
twelve months.
(E)
Distributor Request for Approval to Distribute - Prior to initial distribution of the out-of-
state compost in Rhode Island the distributor must obtain written approval of the
Department. The distributor shall submit a written request for approval, which must
contain at least the following:
(1)
A copy of the permit, license, or other approval, if required, for the composting facility
that produced the compost and the applicable rules and regulations from the state in
which the compost is generated.
(2)
Laboratory reports of results for a minimum of three analyses of the compost.
(3)
A description of the process to further reduce pathogens (PFRP) employed by the
composting facility that produced the compost, with appropriate monitoring data, as
determined by the Department.
(4)
A description of the distribution method, quantity of compost that will be distributed in
Rhode Island, and proposed use(s) of the compost. If end-user(s) have been
determined, the name and address of the user and the location of the site where the
compost will be applied and purpose of application.
(5)
If bagged compost (Class "A") will be distributed, a copy of the label to verify the
information complied with Rhode Island requirements for labeling, per Rule 8.8.03(A),
or is acceptable to the Department.
(6)
If bulk compost will be distributed, a copy of printed literature for the product, to verify
the information provided to the user complies with Rhode Island requirements, per Rule
8.8.03, or is acceptable to the Department.
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(7)
If any compost will be stored in Rhode Island, prior to distribution to the end-user, the
address of the storage facility, a description of the storage facility, and volume of
compost to be stored and storage duration.
(F)
Compost Distribution Reporting Requirements - Each out-of-state distributor of
compost, generated from an out-of-state composting facility and distributed to Rhode
Island, shall submit an annual report to the Department within 60 days after the start of
the calendar year. The report shall include, at least the following:
(1)
The type and source of waste the compost is derived from.
(2)
All information and analytical results, per sampling and testing requirements.
(3)
The quantity of compost distributed in Rhode Island within the past year.
(4)
A description of the product distribution in Rhode Island.
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The foregoing "Solid Waste Regulation No. 8 - Solid Waste Composting Facilities" of the
“Rules and Regulations for Composting Facilities and Solid Waste Management Facilities,
January 1997 and as amended April 2001 and October 2005, after due notice, are hereby
adopted as amended and filed with the Secretary of State this __ th day of October, 2005 to
become effective twenty (20) days thereafter, in accordance with the provisions of Chapters 2-1,
2-22, 2-23, 5-51, 23-18.8, 23-18.9, 23-19, 23-19.1, 23-23, 23-63, 37-15.1, 42-17.1, 42-17.6, 42-
35, 44-27, and 46-12 of the General Laws of Rhode Island of 1956, as amended.
_____________________
______________________________
Date
W. Michael Sullivan, Director
Department of Environmental Management
Public Notice on: September 2 , 2005
Public Hearing on: September 20 , 2005
Filing Date: October , 2005
Effective Date: October , 2005