Tenn. Comp. R. & Regs. 1200-01-07-.11 - REQUIREMENTS FOR COMPOST AND COMPOSTING FACILITIES

(1) General

(a) Purpose - The purpose of this rule is to establish procedures, documentation, and other requirements which must be met in order for a person to operate a composting facility or offer for sale compost in Tennessee.

(b) Scope/Applicability

1. The requirements of this rule apply as specified to operators of composting facilities in Tennessee. Except as specifically provided elsewhere in these rules, no facility may compost solid waste without a permit as provided in rule 1200-01-07-.02(2). Composting facilities, subject to a full permit on the effective date of this rule, must submit a part I and part II permit application to describe how it will comply with this rule. The application must be filed within 180 days of the effective date of this rule and implemented upon approval. The Division will not charge an application fee, nor require public notice of the application for facilities which already have permit-by-rule for composting.

2. Compost produced from the solid waste classification criteria outside the State of Tennessee, which is used or sold for use within the state, shall comply with rule 1200-01-07-.11(4) subparagraphs (a) classification criteria; (b) labeling requirements; and (c) testing.

3. Composting facilities that process domestic sludge as a feedstock shall also comply with all other applicable federal or state laws regarding sludge management.

4. The following facilities or activities are not subject to the requirement to have a permit.

(i) Backyard composting and the resulting compost;

(ii) Normal farming operations. For the purpose of this rule, composting of only landscaping/land clearing waste, hereafter referred to as landscaping waste, or manure by persons on their own property for their own use on that property as part of agronomic or horticultural operations will be considered normal farming operations;

5. A composting facility processing up to 10,000 cubic yards per year of only landscaping waste and manure may receive a permit pursuant to rule 1200-01-07-.02(1)(c) Permits by Rule, for Solid Waste Processing.

6. A composting facility processing only landscaping waste may receive a permit pursuant to rule 1200-01-07-.02(1)(c) Permits by Rule, for Solid Waste Processing.

7. A processing facility composting sewage sludge that is one acre or less in size may apply for a permit by rule pursuant to rule 1200-01-07-.02(1)(c).

(2) General Facility Standards - Unless specifically noted otherwise, the standards of this paragraph shall apply to all compost facilities subject to a permit as provided at rule 1200-01-07-.02(2).

(a) Performance Standards - The facility must be located, designed, constructed, and maintained, and closed in such a manner as to minimize to the extent practicable:

1. The propagation, harborage, or attraction of birds, flies, rodents, or other vectors;

2. The potential for releases of solid waste, solid waste constituents, or other potentially harmful material to the environment except in a manner authorized by state law;

3. The exposure of the public to potential health and safety hazards through uncontrolled or unauthorized public access;

4. The presence of odors that constitute a nuisance.

(b) Control of Access and Use

1. The facility shall have a natural or an artificial barrier which completely surrounds the active portion of the facility and must have a means to control entry, at all times, through the gate or other entrances to the active portion of the facility.

2. If open to the public, the facility shall have clearly visible and legible signs at the points of public access which indicate the hours of operation, the types of waste materials that either will or will not be accepted, emergency telephone numbers, schedules of charges (if applicable), and any other necessary information.

3. The facility shall have paved (paved includes compacted stone) access roads and parking areas. Traffic control signs shall be provided as necessary.

4. The facility shall have trained personnel present and on duty during operating hours to assure compliance with operational requirements and to prevent entry of unauthorized wastes.

5. There shall be no scavenging.

6. Scales for weighing all waste received at the facility shall be provided, unless the Commissioner approves an alternative method of measurement.

(c) Leachate Collection

1. The facility shall have a leachate collection and removal system that is designed, constructed, and maintained such that all leachate from the waste receiving, storage, processing, and curing areas is collected. All washdown, stormwater or other water coming into contact with solid waste or compost must be collected and properly managed.

2. Leachate shall be reused in the process or otherwise properly managed as per all applicable laws and rules.

(d) Waste Management

1. The type [defined at rule 1200-01-07-.11(4)(a) 1] and source of solid waste to be received shall be determined and categorized for review. This listing shall be updated as appropriate.

2. The type and source of any additives to be used in the production of compost shall be specified.

3. The facility's waste inspection procedures shall be established to prevent the receipt of unauthorized or unacceptable waste. Inspection of all loads received is required.

4. Contingency operations shall identify proper management of all waste in the event of equipment failure, facility disaster, or receipt of unauthorized material such as oil, hazardous waste, etc.

5. The surfaces for all waste receiving areas, storage areas, and processing and curing areas shall be paved to minimize release of any contaminants to the groundwater. The paved areas shall be capable of withstanding wear and tear during normal operations. The standards for surfaces for facilities shall be as follows:

(i) Facilities receiving waste types categorized as solid waste or landscaping waste and manure shall utilize a surface of asphalt or concrete or other surface approved by the Commissioner.

(ii) Facilities receiving only the landscape waste type may utilize a surface of compacted gravel or the surfaces authorized in subpart (i) above.

6. Landscaping waste shall be stored separately from other solid waste at the facility. Solid waste shall be stored in a manner to prevent vectors. Unusable material must be identified and removed within 48 hours.

7. Recovered materials removed from the solid waste stream shall be stored in a manner that prevents vector problems and shall be sent to a vendor or processor at least every thirty (30) days.

(e) Fire Safety

1. No open burning is allowed.

2. The facility shall have, on-site and continuously available, properly maintained fire suppression equipment capable of controlling accidental fires. If available, local fire fighting service shall be acquired.

(f) Litter Control - Fencing and/or other control shall be provided to confine loose waste to the area designated for storage or processing: Accidental dispersal from the designated areas shall be recovered daily.

(g) Personnel Facilities - There shall be provided:

1. A building or other shelter which is accessible to facility personnel which has adequate heating and light.

2. Potable water for washing and drinking.

3. Toilet facilities.

(h) Communication - The facility shall have available during operating hours equipment capable of summoning emergency assistance as needed.

(i) Operating Equipment - The facility shall have on-site operational and monitoring equipment capable of maintaining the waste processing as designed.

(j) Dust Control - The operator must take dust control measures as necessary to prevent dust from creating a nuisance or safety hazard to adjacent landowners or to persons engaged in supervising, operating, and using the site. The use of any dust suppressants (other than water) must be approved in writing beforehand by the Department.

(k) Run-on/Run-off Control

1. The operator shall design, construct, and maintain a run-on control system capable of preventing the 25 year, 24 hour storm from flowing onto all operational and storage areas.

2. The operator shall design, construct, and maintain a run-off management system capable of minimizing impact to adjoining properties during the 25 year, 24 hour storm.

3. Run-off shall be managed separately from leachate unless otherwise approved by the Commissioner.

(l) Endangered Species - Facilities shall be located, designed, constructed, operated, maintained, closed, and cared for during the post-closure care period in a manner that does not:

1. Cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife; or

2. Result in the destruction or adverse modification of the critical habitat of endangered or threatened species.

(m) Location in Floodplains- Facilities shall not be located in a 100-year floodplain, unless the demonstration is made to the Commissioner as required at rule 1200-01-07-.04(2)(n).

(n) Wetlands - The facility shall not be located in a wetland unless the demonstration is made to the Commissioner as required at rule 1200-01-07-.04(2)(p).

(o) Closure - The facility must meet closure requirements described herein. The facility is finally closed by removal of all solid wastes and solid waste residues for proper disposal. The operator must notify the Commissioner in writing of his completion of closure of the facility. Such notification must include a certification by the operator that the facility has been closed by removal of all the solid waste and residues. Within 21 days of the receipt of such notice the Commissioner shall inspect the facility to verify that closure has been completed. Within 10 days of such verification, the Commissioner shall approve the closure in writing to the operator. Closure shall not be considered final and complete until such approval has been made.

(p) The owner/operator of a compost facility permitted pursuant to 1200-01-07-.02(2) shall file with the Commissioner a performance bond or equivalent cash or securities, payable to the State of Tennessee. Such financial assurance is intended to ensure that adequate financial resources are available to the Commissioner to insure 30 days operation and proper closure of the facility. The types of financial assurance instruments that are acceptable are those which are specified in rule 1200-01-07-.03(3)(d). Such financial assurance shall meet the criteria set forth in T.C.A. § 68-211-116 and at rule 1200-01-07-.03(3)(b).

(q) Compost from facilities subject to a full permit in this rule must meet the appropriate criteria for "compost disinfection" as defined in definitions at rule 1200-01-07-.01.

(3) Buffer Zone Standards for Siting New Facilities - All waste management areas shall be located so as to conform to the distance standards at rule 1200-01-07-.04(3)(a).

(4) Classification of Compost - Compost shall be classified based on type of waste processed, product maturity, amount of foreign material, and the concentration of heavy metals.

(a) Classification Criteria

1. Type of waste processed

(i) Landscaping waste only

(ii) Landscaping waste and manure

(iii) Solid waste (may include sewage, sludge, and other solid waste)

2. Product maturity

(i) Mature compost is a highly stabilized compost material that has been exposed to prolonged periods of decomposition. It will not reheat upon standing to greater than 20° C above ambient temperature. The material should be brown to black in color. This level of maturity is indicated by a reduction of organic matter of greater than 60 percent.

(ii) Semi-mature compost is compost material that is at the mesophilic stage. It will reheat upon standing to greater than 20° C above ambient temperature. The material should be light to dark brown in color. This level of maturity is indicated by a reduction of organic matter of greater than 40 percent but less than or equal to 60 percent.

(iii) Fresh compost is compostable material that has been through the thermophilic stage and has undergone partial decomposition. The material will reheat upon standing to greater than 20° C above ambient temperature. It has beneficial use, but proper care is needed as further decomposition and stabilization will occur. This level of maturity is indicated by a reduction of organic matter of greater than 20 percent but less than or equal to 40 percent.

3. Compost shall be classified as either Type A Compost or Type B Compost according to its metal content characterization as shown in this part. Metal concentrations in finished compost shall not exceed the concentrations shown in Type B Compost below:

METAL CONSTITUENT	TYPE A COMPOSTTOTALMETAL CONCENTRATION (PPM)	TYPE B COMPOSTTOTALMETAL CONCENTRATION (PPM)
Arsenic	10	16
Cadmium	3	39
Chromium	210	1200
Cobalt	200	200
Copper	300	1500
Lead	100	250
Mercury	1.0	17
Molybdenum	10	18
Nickel	50	420
Selenium	3.0	36
Zinc	500	2800

4. Foreign matter shall be expressed as a percent as provided at part 4 of subparagraph (c).

(b) Labeling Requirements.

Compost shall be labeled in accordance with the classification criteria of subparagraph (a) above. This label shall be prominently displayed on individually packaged material, or a written statement providing the classification criteria and certifying its accuracy will be deemed sufficient on all bulk sales. This label shall be of sufficient contrast to the packaging to be easily visible and shall be a bordered label with dimensions of three inches by five inches. The lettering shall be one quarter inch block characters.

(c) Testing

1. Compost shall be sampled and analyzed as follows:

(i) A composite sample of the compost produced at each composting facility shall be analyzed at intervals of every 20,000 tons of compost produced or every three months, whichever comes first, for:

Parameter	Unit	Method
Moisture	%	EPA 160.3
Total Nitrogen	% by dry weight	EPA 351 and 353
Total Phosphorus	% by dry weight	EPA 365
Total Potassium	% by dry weight	EPA 3050/7610
Reduction in Organic Matter	%	EPA 160.4
PH	Standard Units	EPA 9045

(ii) In addition to (i) of this part all compost utilizing the solid waste classification at rule 1200-01-07-.11(4)(a) 1(iii), shall be analyzed at intervals of every 20,000 tons of compost produced or every three months, whichever comes first, for:

Parameter	Unit	Method
All metals of Rule 1200-01-07 -11(4)(a)3.	mg/kg of dry Weight	SW-846 Method
Foreign Matter	%	See 4 Below **
Fecal Coliform	most probable number	SM 9221***
Volatile Residue	mg/l	See 5 Below **
PCB	part per million*	SW-846 Method

* (detection above 1 ppm, the Commissioner shall be immediately notified by the operator and the source identified)

** Methods for Chemical Analysis of Water and Wastes (EPA-600/4-79-020), 1983.

*** Standard Methods For the Examination of Waste and Wastewater, 21^st Edition, 2005.

2. The Department may decrease or increase the parameters to be analyzed for or the frequency of analysis based on monitoring data, changes in the waste stream or processing, or the potential presence of toxic substances. Sample collection, preservation, and analysis shall assure valid and representative results pursuant to a Department-approved quality assurance plan.

3. Composite samples shall consist of at least three individual samples of equal volume taken from separate areas along the side of the pile of the compost produced. Each sampling point shall be at a depth of two feet into the pile and four feet from the outside edge of the pile.

4. Foreign matter content shall be determined by passing a dried, weighed sample of the compost product through a one-quarter inch or six millimeter screen. EPA Method 160.3 shall be used to dry the sample. The material remaining on the screen shall be visually inspected, and the foreign matter that can be clearly identified shall be separated and weighed. The weight of the separated foreign matter divided by the weight of the total sample multiplied by 100 shall be the percent dry weight of the foreign matter content.

5. The organic matter reduction is determined by measuring the volatile solids content using EPA method 160.4.

(d) Reporting - Facility owner or operators shall record and maintain at the facility for three years the following information regarding their activities for each month of operation of the facility. Records shall be available for inspection by Department personnel during normal business hours and shall be sent to the Department upon request to include:

1. Analytical results on composting testing;

2. The quantity, type [described at rule 1200-01-07-.11(4)(a) 1] and source of waste received;

3. The quantity and type of waste [described at rule 1200-01-07-.11(4)(a) 1] processed into compost;

4. The quantity and type of compost Type A or Type B [described at rule 1200-01-07-.11(4)(a) 3] produced; and

5. The quantity and type of compost Type A or Type B [described at rule 1200-01-07-.11(4)(a) 3] removed for use or for disposal, and the market or permitted disposal facility. The operator must identify the market for compost removed for use. The operator must identify the permitted disposal facility for compost removed for disposal.

(e) Annual Report

Owners and operators of facilities producing compost made from solid waste shall submit to the Department an annual report by March 1 of each year. The report and shall include at a minimum:

1. The facility name, address and permit number;

2. The reporting year with all quantities expressed in tons (sludge expressed in dry weight);

3. The total quantity and type of waste [described at rule 1200-01-07-.11(4)(a) 1] received at the facility during the year covered by the report;

4. The total quantity and type of waste [described at rule 1200-01-07-.11(4)(a) 1] processed at the compost facility;

5. The total quantity and types of compost Type A or Type B [described at rule 1200-01-07-.11(4)(a) 3] produced during the year covered by the report; and

6. The total quantity and types of compost Type A or Type B [described at rule 1200-01-07-.11(4)(a) 3] removed for use or for disposal, and the market(s) or permitted disposal facility(s). The operator must identify the market for compost removed for use. The operator must identify the permitted disposal facility for compost removed for disposal.

(5) Design and Construction Plans

(a) Master Plan -A master plan shall be provided that is drawn at a scale of not less than 1" = 400' with not more than 20 foot contour interval and which clearly depicts:

1. The boundary of the proposed facility;

2. The existing drainage pattern of all site runoff;

3. Runoff monitoring stations;

4. Primary access roads;

5. Wells within one quarter mile of the site boundary;

6. The location of all 100-year floodplain boundaries; and

7. All residences within one quarter mile of the site boundary (If in an urban area residential properties may be delineated).

(b) Design Plans- Design plans shall be provided that are drawn at a suitable scale of not less than 1" = 50 feet and with contour intervals of not greater than five feet, which clearly depicts:

1. All structures;

2. Proposed waste processing areas;

3. Proposed waste storage areas;

4. All drainage appurtenances that control run-on/run-off and the direction of flow;

5. The location of all existing and proposed utilities and roads (defining surface material); and

6. The location of all leachate collection/treatment structures, piping, storage appurtenances, and any other associated unit.

(c) Narrative Description of the Facility and Operation - A narrative description of the facility and operation shall be provided that defines all procedures and activities pertinent to the design and operation of the facility. This narrative shall include, but not necessarily be limited to:

1. A description of how the facility will achieve the compliance of all standards defined in paragraphs (2), (3), (4), and (6) of this rule;

2. A description of the waste handling and processing equipment to be used;

3. A description of the management of run-on/runoff with design calculations of all appurtenances;

4. A description of the management of the leachate system and the disposition of the leachate;

5. A description of the odor control measures; and

6. A description of the procedures for the final closure of the facility.

(6) Technological Standards / Best Available Technology

In order to assure that the public health and environment of the State of Tennessee is provided the optimum protection from unwarranted releases of metals, as restricted by rule 1200-01-07-.11(4) (a) 3, these rules shall require that any facility permit incorporate the best available technology. This requirement is restricted to facility processing standards and shall not be interpreted to include source management of the waste stream. The applicant shall submit to the Department documentation of the most technologically advanced system that is currently in operation and is compatible with the proposed design criteria. Representative product analysis shall be provided in accordance with the testing requirements of rule 1200-01-07-.11(4)(c) "Testing" of this rule.

Notes

Tenn. Comp. R. & Regs. 1200-01-07-.11

Original rule filed October 8, 1998; effective December 28, 1998. Amendment filed April 17, 2000; effective July 1, 2000. Amendment filed July 27, 2001; effective October 10, 2001. Amendment filed September 29, 2003; effective December 13, 2003. Amendment filed May 23, 2006; effective August 6, 2006.

Authority: T.C.A. §§ 68-203-103(b)(3), 68-211-102(a), 68-211-105(b) and (c), 68-211-106(a)(1), 68-211-107(a), 68-211-111(d)(1), 68-211-111(d)(2), 68-211-116, 68-211-851(a), 68-211-852, 68-211-853, and 68-211-861.