This Chapter applies to solid waste composting facilities
including certain Agricultural Composting Operations. A solid waste composting
facility license under the Maine Solid Waste Management Rules: General
Provisions, 06-096C.M.R. ch.400 and this Chapter is required to
locate, establish, construct or operate any new composting facility or to alter
an existing composting facility, unless that facility is exempt from licensing
under these rules. Agricultural Composting Operations which are not exempt from
licensing under the provisions of section 1(B) of this Chapter are subject to
the requirements of sections
2 through
4 or section
6 of this Chapter.
A.
Facilities Subject to the
Requirements of this Chapter.A composting facility is any land area,
structure, equipment, machine, device, system, or combination thereof that is
operated to biologically decompose organic residuals under predominantly
aerobic conditions and controlled temperatures between 110° and 160°
F.
B.
Facilities Not Subject
to the Requirements of this Chapter.In addition to the facilities listed
in 06-096C.M.R. ch.
400(2)(I), the following facilities conducting only the
specified activities listed are exempt from the requirements of this Chapter:
NOTE: See 06-096C.M.R. ch.400(1) for a full definition of
residual types. Type IA residuals are leaf, vegetative and other residuals with
a C:N ratio of greater than 25:1. Type IB residuals are food and other
residuals with a C:N ratio of between 25:1 to 15:1. Type IC residuals are fish
and other residuals with a C:N ratio of less than 15:1. C:N refers to the ratio
of available carbon to nitrogen of the raw residual prior to composting. See
AppendixA of this Chapter for a list of typical C:N ratios for various
residuals. The lower the initial C:N the higher the potential for generation of
nuisance odors and leachate generation. Type II residuals are sewage sludge,
septage, and other residuals that may contain human pathogens. Type III
residuals are petroleum contaminated soils and other residuals that may contain
hazardous substances above risk based standards in 06-096C.M.R. ch. 418,
Appendix A.
(1) Facilities that, in any
thirty (30) consecutive day period, receive for composting less than:
(a) Ten (10) cubic yards of Type IA
residuals; and/or
(b) Five (5)
cubic yards of either Type IB or IC residuals;
(2) Facilities that compost domestic animal
and poultry carcasses from routine events pursuant to the Maine Department of
Agriculture, Conservation and Forestry Rules and Regulations Relating
to Disease Control of Domestic Animals and Poultry, 01-001C.M.R.
ch.211;
(3) Facilities that compost
10,000 cubic yards or less of animal manure per year;
NOTE: The facilities listed in section 1(B)(1) through (3)
above should comply with the Department of Agriculture, Conservation and
Forestry's Best Management Practices.
(4) Agricultural Composting Operations that,
in any thirty (30) consecutive day period, compost a total of between five (5)
and sixty (60) cubic yards of Type IB and IC residuals, and are operated in
accordance with a Compost Management Plan approved by the Maine Department of
Agriculture, Conservation and Forestry;
(5) Agricultural Composting Operations that
compost any volume of Type IA, Type IB or Type IC waste provided that at least
70% of the finished compost product is used at appropriate agronomic rates on
the farm that produced the compost within two (2) years after it is produced,
and provided that the facility is operated in accordance with a Compost
Management Plan approved by the Maine Department of Agriculture, Conservation
and Forestry;
(6) Agricultural
Composting Operations that use leaves as an amendment to compost manure
provided that the facility is operated in accordance a Compost Management Plan
approved by the Maine Department of Agriculture, Conservation and
Forestry;
(7) Agricultural
Composting Operations that compost offal provided that the facility is operated
in accordance with a Compost Management Plan approved by the Maine Department
of Agriculture, Conservation and Forestry;
(8) The composting of solid waste during a
Department-supervised remediation, emergency response, or research project; and
Composting toilets as defined in the Maine Subsurface
Wastewater Disposal Rules, 10-144C.M.R.
ch.241(4)(N).
C.
Transition and Relationship to Other Solid Waste Rules
(1)
Existing Licensed Composting
Facilities
(a) Licenses held by
existing composting facilities that are now exempt from these rules in
accordance with section 1(B) of this Chapter will lapse provided that the
licensee has surrendered its composting facility license and has a Compost
Management Plan approved by the Department of Agriculture, Conservation and
Forestry;
(b) Composting facilities
previously licensed pursuant to the Maine Solid Waste Management Rules:
Processing Facilities, 06-096C.M.R. ch. 409 remain in effect, subject
to the conditions specified in 06-096C.M.R. ch. 400(3)(E).
(2)
Relationship to 06-096C.M.R.
ch.409:This rule replaces those provisions of 06-096C.M.R. ch. 409 that
previously addressed composting facilities.
(3)
Beneficial Use of Solid
Waste:The beneficial use, other than agronomic utilization, of a
secondary material produced by a composting facility is subject to the
Maine Solid Waste Management Rules: Beneficial Use of Solid
Wastes, 06-096C.M.R. ch.418.
(4)
Agronomic Utilization of
Residuals:The agronomic utilization of a residual produced by a
composting facility is subject to the Maine Solid Waste Management
Rules: Agronomic Utilization of Residuals, 06-096C.M.R.
ch.419.
(5)
Storage:Residuals produced at composting facilities and stored at
other locations in Maine prior to agronomic utilization must meet the
applicable standards of 06-096C.M.R. ch.419.
(6)
Analysis:Characterization of
waste and secondary materials required by this Chapter must be done in
accordance with the applicable provisions of the Maine Solid Waste
Management Rules: Water Quality Monitoring, Leachate Monitoring, and Waste
Characterization, 06-096C.M.R. ch.405.
