Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 565 - Nutrient Management Rules
Section 001-565-8 - Compost Management Plans

Universal Citation: 01 ME Code Rules ยง 001-565-8

Current through 2024-38, September 18, 2024

Certain Agricultural Composting Operations may be exempt from licensing pursuant to the Maine DEP Chapter 410 "Composting Facilities" Rule, provided that the Agricultural Composting Operation develops and implements a Compost Management Plan (CMP).CMPs utilized by Agricultural Composting Operations must be developed and implemented in accordance with the provisions in §8 of these Rules:

1. Compost Management Plan Standards

A. Basic Components
(1) The CMP must include:
a. owner(s) name, address and contact information;

b. access control measures and hours of operation;

c. description of the operation, including site layout, and a diagram showing windrow or pile arrangement, and orientation with respect to site topography;

d. listing of the materials handling equipment available;

e. description of the compost pile construction techniques, including general size and shape;

f. pile management techniques, including turning or aeration frequency, moisture control techniques, and temperature monitoring;

g. sources of ingredients, the method of receiving; ingredients, and a description of any pre-mixing to be done;

h. ingredient-specific recipes for materials to be composted, estimates of initial volumes of materials and final product volumes;

i. stormwater/leachate control provisions;

j. odor, vector and dust control techniques;

k. provisions for maintaining site cleanliness;

l. biosecurity provisions for preventing contamination of the final product by the raw ingredients; and

m. a plan for sampling and testing original ingredients and final products.

B. CMP Certification Requirements
(1) CMPs must address and include all materials that are produced on or brought onto the farm that are intended to be composted.

(2) All new or updated CMPs must be reviewed and approved in writing by the Department. The certification process must determine that the requirements in 8.1(A) (1) have been evaluated and incorporated in the CMP.

(3) Agricultural Composting Operations must comply with the Department's Chapter 211 "Rules for the Disposal of Animal Carcasses", and "Best Management Practices for Animal Carcass Composting" (Attachment F) when composting offal or animal carcasses.

C. Development of Recipes for Materials to be Composted
(1) Specific blends of compostable materials must be developed by determining the moisture content, bulk density, pH, volatile solids, and carbon: nitrogen ratio of the materials to be composted.

(2) The blend of materials must facilitate thermophilic microbial activity during the composting process.

2. Sampling and Testing Ingredients Parameters

A. Parameters to be used for sampling and testing ingredients for any new bulking materials used in the compost recipe:
(1) Total nitrogen

(2) Total carbon

(3) Volatile solids (%)

(4) Bulk density

(5) Moisture content

(6) Acidity or alkalinity (pH)

B. Parameters to be used for testing ingredients for compost to be applied on the farm owner's fields:
(1) Total nitrogen

(2) Organic nitrogen

(3) Total phosphorus

(4) Total potassium

(5) Total calcium

(6) Moisture content

(7) Acidity or alkalinity (pH)

C. Parameters to be used for compost products that may be distributed to the public, which must be used for making recommendations to purchasers for utilizing the compost(s). At least once annually, a representative sample of the compost must be sampled and analyzed for:
(1) Total nitrogen

(2) Ammonium

(3) Total carbon

(4) Volatile solids (%)

(5) Bulk density

(6) Moisture content

(7) Total phosphorus

(8) Total potassium

(9) Total calcium

(10) Conductivity

(11) Maturity (Solvita or Dewar tests)

D. Composting Time and Temperature Standard to be used for compost products that may be distributed to the public
(1) Compost must attain 131 degrees F. for at least 3 consecutive days as measured at the piles core or three feet from the surface, whichever is less, for pathogen reduction for compost products that do not contain animal carcasses.

(2) Compost that contains animal carcasses must be produced consistent with the operational requirements for compost systems described in the Department's Chapter 211 "Rules for the Disposal of Animal Carcasses".

3. Requirements for Persons Writing Compost Management Plans

A. CMPs may be developed or updated by the owner or operator of an Agricultural Composting Operation, a Maine certified nutrient management planning specialist, or other qualified individual as determined by the Commissioner.

B. Training in a recognized CMP development program may be accepted as a means to becoming a qualified individual.

4. Record Keeping

A. A record must be kept by the owner or operator of the Agricultural Composting Operation of all feedstocks that are produced on or brought onto the farm that are intended to be composted, which includes the source, type and volume of the material, for at least one year.

B. A record must be kept by the owner or operator of the Agricultural Composting Operation of the volume of each compost product sold or removed from the site. The record shall be kept for at least one year.

C. Testing results, as required under §8.2 shall be maintained by the composter for at least one year after the product has been distributed.

D. Temperature charts for each windrow or pile shall be maintained by the composter for at least one year after the product has been distributed.

E. Records shall be provided to the Department on request.

5. Term of Certification for Compost Management Plans

A. The CMP certification authorizes the named Agricultural Composting Operation to operate at the location designated in the CMP for a term of 5 years from the issue date under the conditions set forth in the CMP, with which the certification holder must comply.

B. The CMP must be updated and re-certified by the Department every five years, or sooner, if there is any significant change in the operation that renders the existing CMP no longer relevant. Significant changes include, but are not limited to:
(1) An increase or decrease in the volume of materials to be composted by 15% or more;

(2) A change in the types of materials to be composted which would require an alteration of the ingredient-specific composting recipes;

(3) A change in the basic type of composting system used, e.g., changing from a turned windrow system to an aerated static pile system;

(4) A change in the location of the composting operation; or

(5) Any other changes or aspects of the operation determined by the Department to be significant.

C. CMPs held by Agricultural Composting Operations that were developed prior to January 1, 2012 will expire one year after the effective date of this Rule update unless re-certified in accordance with the provisions of these Rules.

6. Site Inspections by the Department

A. The owner or operator of an active Agricultural Composting Operation shall, upon reasonable notice, submit to inspections by the Department during normal business hours to ensure that the CMP holder's operation is in compliance with the provisions of the CMP.

B. The Department must conduct a site inspection of the proposed composting site prior to the certification of any CMP.

7. Revocation of Compost Management Plan Certification

A. Basis of certification revocation. The Commissioner may revoke certification of a CMP if the owner or operator of the Agricultural Composting Operation fails to comply with any of the requirements of these Rules.

B. Notice. When the Commissioner decides to revoke a certification, he/she shall provide the certificate holder a written notice of the certification revocation immediately following the decision. The notice shall be sent by certified mail, return receipt requested, and must include:
(1) The name and address of the owner/operator whose certification is being revoked;

(2) The effective date of certification revocation;

(3) A statement or list of reason(s) why certification is being revoked; and

(4) Notice of the right to request a hearing in accordance with §8.7(C) of these Rules.

C. Hearing on Compost Management Plan Certification Revocation
(1) The Commissioner shall hold a hearing on a CMP certification revocation when:
(a) A person receiving a notice of revocation requests a hearing in writing to the Commissioner; and

(b) The request for a hearing is made no later than 30 days after receipt of the revocation notice required under §8.7(B) of these Rules.

(2) The Commissioner shall notify the person requesting a hearing in writing of the date, time and location of the hearing.

(3) The hearing shall be held in accordance with the requirements of 5 M.R.S. Chapter 375, subchapter IV (Administrative Procedure Act). Evidence may be presented at the hearing that might justify reinstatement of the certification.

D. Decision. If the Commissioner finds that the certificate holder has complied with these Rules, the certification shall be reinstated. The Commissioner shall notify the certificate holder of the decision, in writing, within 30 days of the decision. The written notice shall be sent by certified mail, return receipt requested, and shall contain notice of the right to appeal the Commissioner's decision to the Nutrient Management Review Board in accordance with §11 of these Rules.

E. Waiver of Hearing. A certificate holder aggrieved by the decision of the Commissioner to revoke a certification may waive the hearing before the Commissioner and may appeal the decision directly to the Nutrient Management Review Board in accordance with §11 of these Rules. A waiver of the hearing before the Commissioner must be in writing and must be signed by the certificate holder.

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