HB1575 (2010) Detail

Relative to commercial composting.


HB 1575 – AS INTRODUCED

2010 SESSION

10-2488

08/10

HOUSE BILL 1575

AN ACT relative to commercial composting.

SPONSORS: Rep. Carr, Ches 4; Rep. P. Allen, Ches 6; Rep. Wiley, Carr 3; Rep. S. Smith, Graf 7

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill:

I. Requires commercial composters to have a permit.

II. Establishes a permit process for commercial composters.

III. Establishes rulemaking authority for the commissioner of the department of environmental services.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2488

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to commercial composting.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Commercial Compost. Amend RSA 149-M by inserting after section 60 the following new subdivision:

Commercial Compost Facilities

149-M:61 Definitions. In this subdivision:

I. “Amendment” means an organic material added to waste prior to composting to reduce bulk weight and increase air voids, and to increase the quantity of degradable organics.

II. “Biosolids” means sewage sludge that can be beneficially used.

III. “Bulking agent” means a material added to waste to increase porosity and facilitate aeration during composting.

IV. “Compost facility” or “facility” means a facility involved in the processing of source separated organic waste to produce a mature product for beneficial use as a source of nutrients, organic matter, liming value, or other essential constituent for a soil or plant. The processes include, but are not limited to, composting, heat drying, and chemical stabilization.

V. “Dry weight basis” means calculated on the basis of having been dried at 105 degrees Celsius until reaching a constant mass, essentially 100 percent solids content.

VI. “Feed crops” means crops produced primarily for consumption by animals.

VII. “Fiber crops” means crops such as flax and cotton.

VIII. “Food crops” means crops consumed by humans including, but not limited to, fruits, vegetables, and tobacco.

IX. “Gross contaminants” means constituents of the solid waste stream that are not readily decomposed and may be present in a product including, but not limited to, pieces of metal, glass, plastic, rubber, bones, and leather. “Gross contaminants” does not include sand, rocks, wood pieces, and other similar materials.

X. “Mature” means the characteristics of a soil conditioning material that render it harmless to the plant grown when used as a topsoil or soil supplement and make it sufficiently stable that it will not generate offensive odors during storage, handling, or ultimate use.

XI. “Pathogenic organisms” means disease-causing organisms including, but not limited to, certain bacteria, viruses, protozoa, and viable helminth ova.

XII. “Public contact area” means land with a high potential for contact by the public including, but not limited to, public parks, ball fields, cemeteries, plant nurseries, turf farms, golf courses, and school yards.

XIII. “Seed material” means a source of microorganisms and/or nutrients added to waste to accelerate or activate the composting process.

XIV. “Source-separated organic waste” (SSOW) means readily degradable organic material that has been separated from non-compostable material at the point of generation and is limited to soiled unrecyclable paper, yard waste, clean wood ashes, clean wood, and food scraps. It shall not include biosolids, sludge, or septage.

XV. “Vector attraction” means the characteristic of certain solid wastes that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents.

XVI. “Volatile solids” means that portion of the total solids that is lost when the material is combusted at 550 degrees Celsius in the presence of excess air.

XVII. “Untreated solids” means the organic materials in waste that have not been treated in either an aerobic or anaerobic treatment process.

149-M:62 Permit Required.

I. No person shall construct or operate a commercial composting facility without first obtaining a permit from the department. Commercial composting in New Hampshire shall be limited to SSOW.

II. Applications for permits shall be upon such forms and shall include such information as the department requires by rules adopted under RSA 149-M:66. The application information shall include:

(a) A regional map that delineates the location of the proposed facility, the location of the closest population centers, and transportation systems including highways located within the service area of the proposed facility and within one mile of the proposed facility.

(b) A vicinity map that delineates zoning and land use, residences, surface waters, access roads, and other existing and proposed features within the proposed facility and within one-half mile of the proposed facility.

(c) A site plan map (minimum scale of 1:2,400 with 20 feet contour intervals) that shows:

(1) The location of the proposed facility;

(2) The facility drainage characteristics, identifying the direction of both site run-on and run-off, ditches, and swales together with any run-off controls that exist or will be implemented with facility construction;

(3) The location of all processing areas and storage areas;

(4) The location of all residences, public contact areas, and buildings, including the identification of any buildings which are owned by the applicant or operator, on-site and within 800 feet of the site;

(5) The location of access roads and roads on-site;

(6) The location of property boundaries;

(7) The location of all potable water wells and surface water bodies on-site and aquifers within 500 feet of the site;

(8) The location of all drainage swales on-site and within 100 feet of the site; and

(9) Existing and proposed elevation contours and the direction of prevailing winds.

(d) A map depicting the location and classification of any regulated wetlands and the location of any floodplain within 500 feet of the site.

(e) A detailed description of the source, quality, and quantity of all SSOW to be processed, including the source, quality, and expected quantity of any bulking agent, amendment, admixture, or seed material. The description shall include the annual input and any seasonal variations in the solid waste type and quantity, and the appropriate quality data, as determined by the department.

(f) Engineering plans and specifications for the facility that include a description of the facility and:

(1) The type, purpose, size, and associated detention times for the handling, processing, and storage equipment or structures and calculations that demonstrate that all equipment and structures have sufficient capacity for the material that will be accepted;

(2) The method of measuring, shredding, mixing, and proportioning input materials;

(3) A description and the capacity of the storage facilities used for amendment, bulking agent, admixture, solid waste, and product;

(4) A description of all pre-processing and post-processing methods and equipment used to identify and remove all nonprocessible materials and a copy of all agreements or educational activities that will be used to outline acceptable materials for the facility;

(5) The separation, processing, storage, and ultimate disposal location for nonprocessible materials;

(6) A process flow diagram of the entire process, including all major equipment and flow streams. The flow streams must indicate the quantity of material on a wet weight, dry weight, and volumetric basis;

(7) An outline of the processing time duration, including the time period from acceptance of waste to completion of composting and curing or treatment to the distribution of the product;

(8) If windrows are used, pile dimensions including width, length, and height;

(9) The air emission collection and control equipment, if used;

(10) The method to control surface water run-off and to manage leachate, including the method for treatment or disposal of leachate generated. For uncovered sites, calculations of the leachate that must be handled at the site, based on a rainfall intensity of one-hour duration and a 10-year return period; and

(11) For facilities that will use a low permeability soil to minimize leachate release: a construction quality assurance/construction quality control plan.

(g) A description of the operation of the facility, including:

(1) The schedule of operation including the days and hours that the facility will be open. The facility shall be scheduled during daylight hours, and shall minimize waiting time to less than one hour per truck;

(2) The daily traffic flow to and from the facility; and

(3) The procedure that will be used for unloading trucks.

(h) A monitoring, sampling, and analysis plan that outlines:

(1) The location, purpose, frequency and method for all monitoring points in the process;

(2) The location, purpose, frequency and method for waste and product sampling; and

(3) The protocol used to obtain representative samples, the preparation and preservation of samples, and the laboratory that will be used for analyses.

(i) A product maturity and distribution plan that includes:

(1) An outline of the method that will be used to determine product maturity, including proposed standards for maturity and the monitoring methods or other means that will be used to measure maturity;

(2) A description of the ultimate use for the finished product, including the quantity of product each user is expected to take, the frequency of distribution, the expected use of the product, and the source of this information, such as contract, phone survey;

(3) The method for removing product from the facility;

(4) A description of the proposed use or disposal of product that cannot be used in the expected manner due to poor quality or change in market conditions; and

(5) A copy of the label or other information source for the product.

(j) The name of the owner of the facility and the property.

(k) A list of the facility personnel and their respective responsibilities.

(l) A contingency plan that describes the corrective actions to be taken in the event of equipment breakdowns, delivery of unacceptable waste to the facility, spills, fires, noise, and vectors.

(m) An operation and maintenance manual that contains general design information and detailed operational information and instructions. In addition, the manual must list the procedures used for sampling and analyzing the solid waste and product, process monitoring, and record keeping.

(n) An odor management plan that outlines how the production and migration of odorous compounds will be minimized, including design and operational practices. The plan must also include specific steps that will be taken during the operation of the facility to address complaints and actions that will be taken if unacceptable odors occur in areas beyond the property line of the facility.

(o) A closure plan for the facility.

III. In order for the facility to accept SSOW, the permit shall contain the following in addition to the requirements of paragraph II:

(a) A detailed description of the specific source, quality, and quantity of all SSOW, and sources, quality, and expected quantity of any bulking agent or amendment. The description shall include the annual solid waste input, and any seasonal variations in the solid waste type and quantity. For residential SSOW, the description shall include the service area population. For commercial SSOW, the description shall include a list of all types of generating facilities and the type and quantity of wastes that will be collected from each type of generator.

(b) A detailed description of the source separation program at the point of generation, including how non-compostables are kept out of the SSOW stream, including a copy of any agreements or information concerning what can be accepted from the generator.

(c) A detailed description of the proposed processes to reduce pathogenic organism content and to reduce vector attraction including:

(1) The methods that will be used for pathogen reduction and vector attraction reduction; and

(2) The monitoring and data gathering that will be used to demonstrate compliance including type, location, and frequency.

(d) The permit application shall include a description and an identification of the surface soil characteristics at the facility and the depths to seasonal high groundwater and bedrock, including appropriate documentation.

IV. In deciding whether to grant or deny a permit the department shall consider the local land use regulations, local zoning ordinances, and local public health code of the municipality where the compost facility will be situated. Nothing in this subdivision shall prevent a municipality from regulating a compost facility according to the municipality’s local land use regulations, local zoning ordinances, and local public health codes. Nothing in this subdivision shall be construed to modify or lessen the powers confined upon local authorities by health and land use enabling standards.

149-M:63 Pathogen Reduction.

I. For pathogen reduction, the following criteria shall be achieved:

(a) One of the following microorganism concentrations must be achieved:

(1) The density of fecal coliform in the product is less than 1000 most probable number per gram of total solids (dry weight basis); or

(2) The density of Salmonella sp. bacteria in the product is less than three most probable number per four grams of total solids (dry weight basis).

(b) The waste shall be treated by one of the following processes to further reduce pathogens:

(1) Using the windrow composting method, the solid waste shall be maintained under aerobic conditions during the compost process. A minimum of 5 turnings is required during a period of 15 consecutive days, and the temperature of the mixture must be maintained at 55 degrees Celsius or greater during this period.

(2) Using the aerated static pile composting method or the within-vessel composting method, the temperature of the solid waste shall be maintained at 55 degrees Celsius or higher for at least 3 consecutive days.

(3) Other methods or operating conditions, if pathogens are reduced to an extent equivalent to the reduction achieved by the methods in subparagraphs (1) and (2), if approved by the department.

II. One of the following vector attraction reduction methods shall be achieved by a facility:

(a) The mass of volatile solids in the waste shall be reduced by a minimum of 38 percent.

(b) The specific oxygen uptake rate (SOUR) for waste treated in an aerobic process shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius.

(c) Waste shall be treated by an aerobic process for a minimum of 14 consecutive days. During that time, the temperature of the waste shall be maintained above 40 degrees Celsius and the average temperature of the waste is maintained above 45 degrees Celsius.

149-M:64 Product Use and Labeling.

I. A product that does not meet the criteria in this section shall be disposed or otherwise managed in a manner pursuant to this chapter.

II. The product shall not contain more than 2 percent total gross contaminants by weight (dry weight basis).

III. The particle size of the product shall not exceed 10 millimeters (0.39 inch), except for wood particles derived from the use of wood chips as a bulking agent or amendment.

IV. The product shall be mature and shall be used in a legitimate manner as a soil amendment. The product shall be produced from a composting process with a minimum detention time, including active composting and curing, of 50 days, unless an alternate means for achieving sufficient maturity is approved by the department.

V. An information label shall be affixed to the product bag or, for bulk, an information sheet or brochure shall be provided to the user. The label or information sheet shall contain, at a minimum, the following information:

(a) The name and address of the generator of the product;

(b) The type of waste the product was derived from; and

(c) Recommended safe uses, application rates, and storage practices.

VI. The product may be distributed for use for food crops, feed crops, and fiber crops.

149-M:65 Storage and Operation. In addition to the operational requirements identified in this subdivision, the following requirements apply:

I. Storage of product on-site shall be limited to 24 months.

II. Surface water drainage shall be diverted away from the operating area.

III. If the facility is located on soils with a coefficient of permeability greater than 6 inches per hour the installation of groundwater monitoring wells or other monitoring devices and groundwater monitoring may be required, as determined by the department.

IV. The facility shall be constructed to minimize any ponding;

V. Composting shall not occur in areas where the seasonal high groundwater elevation is less than 24 inches from the ground surface or where bedrock lies less than 24 inches below the ground surface.

VI. The bottom of any surface impoundment used for leachate shall be a minimum of 5 feet above both the seasonal high groundwater table and the top of bedrock.

VII. All leachate shall be managed in a manner approved by the department. All leachate storage facilities shall be completely emptied, cleaned, and inspected every 12 months.

VIII. The facility shall be operated to control vectors and odors to a level as determined by the department.

IX. The facility shall not be operated or constructed on flood plains.

X. The operation of the facility shall follow acceptable methods of composting which result in the aerobic biochemical decomposition of the organic material received.

XI. The minimum horizontal separation distance as measured from the facility to the nearest residence, place of business or public contact area, except plant nurseries and turf farms, shall be 500 feet and the following criteria apply:

XII. A facility shall maintain a minimum separation of 200 feet to a potable water well or surface water body and 25 feet to a drainage swale.

XIII. The landowner’s or operator’s residence shall be excluded from the separation requirement for a residence for the purposes of this paragraph.

XIV. Noncompostable solid waste shall be disposed at least weekly in a manner approved by the department.

XV. The composting facility shall only accept SSOW from a generator that has an active collection program designed to collect organic waste separate from other waste materials and to remove inorganic and non-compostable materials from the SSOW generated. The composting facility shall also have provisions for inspection and removal of noncompostables received.

XVI. All SSOW unloading, storage, and processing areas shall be enclosed.

XVII. The facility shall be prohibited from accepting construction and demolition waste industrial waste, paper mill sludge, sewage sludge, biosolids, waste combustion ash, coal ash, and other contaminant wastes. Feed stock shall be limited to SSOW as defined in RSA 149-M:2, XIV.

XVIII. Facilities that accept SSOW in excess of 10 tons a day shall be enclosed and shall install biofilters.

149-M:66 Monitoring and Record Keeping.

I. Sufficient monitoring data shall be obtained to demonstrate compliance with the pathogen and vector attraction reduction requirements. The frequency and type of monitoring necessary, based on the methods employed to achieve pathogen and vector attraction reduction, must be approved by the department. At a minimum, temperature monitoring must occur on a daily basis in the coldest part of the waste mass.

II. The department may require, on a case specific basis, testing of the product for maturity prior to distribution. This may include potential for reheating, organic matter reduction, plant growth impact, or oxygen consumption.

III. Daily operational records shall be maintained for the facility. These shall include all monitoring data, quantity and character of material processed, quantity of product removed, and product use.

IV. A copy of the complete and final permit application and all monitoring data obtained to demonstrate compliance with this subdivision shall be retained by the department.

149-M:67 Reporting. The permittee shall submit an annual report to the department no later than March 1 of each year covering the previous calendar year, on forms prescribed by the department. The report shall include:

I. All information and analyses required by this subdivision;

II. The type and quantity of the waste and other materials, such as bulking agents being processed, including the source of the material;

III. Facility operational information including monitoring data and significant facility operational problems and actions taken to correct the problems;

IV. The quantity, by weight and volume, of product generated and the quantity of product and other solid waste including unacceptable product removed from the facility; and

V. A description of the end-product distribution and disposal methods.

149-M:68 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

I. Permit application requirements.

II. Administration of a permit system, including the terms and conditions under which the department shall issue, modify, suspend, revoke, deny, approve, or transfer permits required by this chapter.

III. A schedule of permit fees.

IV. Such other rules as deemed necessary to implement the provisions of this subdivision.

149-M:69 Siting Facilities. Nothing in this subdivision shall be construed to allow the siting of a commercial compost facility in violation of Title L relative to water management and protection.

2 Effective Date. This act shall take effect upon its passage.