Mont. Admin. R. 17.50.1703 - GENERAL LICENSE REQUIREMENTS FOR COMPOST FACILITIES
(1) For purposes of
this subchapter, the department adopts and incorporates by reference:
(a) 40 CFR part 503, Appendix B - Pathogen
Treatment Process (58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42573, Aug.
4, 1999), which is available at http://www.ecfr.gov/ or by contacting U.S.
Government Publishing Office 701 North Capitol Street N.W., Washington, DC or 1
(866) 512-1800.
(2) A
person may not construct, expand, or operate a new minor compost facility,
animal mortality compost facility, or major compost facility without the
applicable license from the department after [the effective date of these
rules]. A person operating an existing compost facility must comply with the
applicable provisions of the [NEW RULES XV through XXVII] within twelve months
after [the effective date of these rules].
(3) A compost facility regulated under this
subchapter must employ a low permeability work pad designed and constructed to:
(a) prevent ponding of storm water or
leachate below compost to ensure ground water protection;
(b) prevent release or discharge of water
that has come into contact with compost to surface water or ground
water;
(c) direct storm water or
leachate to the appropriate collection system; and
(d) accommodate equipment used by the
facility without damage or failure.
(4) A licensed compost facility:
(a) shall comply with all local zoning and
land-use laws of the terms of a conditional use permit;
(b) may not be located in wetlands or a
floodplain;
(c) may only accept
appropriate feedstock necessary for the approved license;
(d) shall ensure finished compost contains no
more than two percent sharp or angular inorganic objects;
(e) composting biosolids, septage, sewage
sludge, or meeting the definition of a major compost facility provided for in
ARM 17.50.403, shall comply with the
ground water monitoring provisions in ARM Title 17, chapter 50, subchapter 13
and meet the requirements in 40 CFR part 503, Appendix B - Pathogen Treatment
Process (58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42573, Aug. 4, 1999);
and
(f) shall locate feedstock
receiving or storage areas, composting piles or windrows, or curing or finished
compost in accordance with Table 1.
Table 1
Minimum Horizontal Separation Requirements for Compost Facilities |
|
Item |
Separation (feet) |
1. Property line |
100 |
2. Property line (animal carcass facility) |
300 |
3. Residence or place of business |
500 |
4. Potable water well or supply |
200 |
5. Surface water body |
200 |
6. Drainage swale |
150 |
(5) The owner or operator of a compost
facility shall obtain a Montana pollutant discharge elimination system (MPDES)
permit from the department before the facility discharges storm water to state
surface waters, or disturbs more than one acre of ground during construction or
operation.
(6) The owner or
operator of a compost facility located at a licensed solid waste management
system (SWMS) shall operate according to the department-approved facility and
maintenance plan for the SWMS.
(7)
Specific analytical methods described in "Test Methods for Evaluating Solid
Waste Physical/Chemical Methods" (SW-846) may be required by the department to
characterize incoming feedstock if deemed necessary by the
department.
Notes
AUTH: 75-10-204, MCA; IMP: 75-10-204, MCA
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