Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 4 - Nonhazardous Solid Waste Management Regulations
Chapter 1 - Mississippi Commission on Environmental Quality Regulation Regarding Nonhazardous Solid Waste Management Regulations
Rule 11-4-1.9 - Composting Facility Requirements

Universal Citation: MS Code of Rules 11-4-1.9

Current through September 24, 2024

(1) An individual permit or a certificate of coverage under a general permit is required for the operation of a composting facility. The individual permit or certificate of coverage under any applicable general permit must be issued prior to the receipt of any waste.

(2) An applicant for a new composting facility shall complete a notification of intent for coverage under any applicable general permit or an application for an individual permit on forms provided by the Department. Such submittal shall demonstrate that the facility will comply with all applicable requirements of Rules 1.2, 1.3, and 1.9 of these regulations and the terms and conditions of a general permit or an individual permit.

(3) Owners of existing composting facilities, which have been issued an individual permit, may request that their permit be revoked and that they be issued a certificate of coverage under any applicable general permit. Likewise, owners of existing composting facilities which have been previously issued a certificate of coverage under a general permit may request that their certificate of coverage be revoked and that they be issued an individual permit.

B. Requirements for facilities that receive only yard waste or rubbish.

(1) Access to the facility shall be closed to the general public unless an attendant is on site.

(2) Non-biodegradable bags, as well as all unauthorized waste materials, as determined by the Department, shall be removed from the compost and stored in appropriate containers for ultimate disposal or management at a facility approved by the Department.

(3) Open burning of solid waste, except for land clearing debris generated on the site of the facility, shall be prohibited. Immediate action shall be taken to extinguish any accidental fire and the Department shall be notified as soon as possible.

(4) Compost offered for use must be produced by a process that encompasses turning on a regular basis to aerate the waste, maintain temperatures, and/or reduce pathogens. Similar technologies that accomplish the same may also be considered by the Department.

(5) Surface water drainage shall be diverted around and away from the composting area and controlled to prevent any washing or escape of waste from the property. If the Department deems it necessary, a leachate collection and treatment system may be required.

(6) An annual report shall be submitted to the Department on or before February 28th of the following calendar year, which includes the following information:

(a) the facility name, address, and permit number;

(b) the total quantity, by weight or volume, of the waste received for composting;

(c) the total quantity, by weight or volume, of all residuals and recyclables separated from the waste or compost, and a description of how these materials were disposed or managed;

(d) the total quantity, by weight or volume, of the compost produced;

(e) the total quantity, by weight or volume, of the compost removed from the facility, and a description of how the compost was distributed or used; and,

(f) the remaining capacity for storage of compost at the facility based upon the amount of compost on site at the beginning of the year, the amount of compost produced, and the amount removed during the year.

C. Requirements for facilities that receive household garbage, wastewater sludge, animal wastes and manures and/or other solid waste with similar properties or characteristics, as determined by the Department.

(1) Design requirements:

(a) Specifications for site preparation must be included in the engineering design report developed for the site, such as clearing and grubbing, berm construction, drainage control structure, access roads, screening, fencing, etc.

(b) Surface water drainage shall be diverted around and away from the composting area and controlled to prevent any escape of waste from the property. Washdown water, leachate and any other contaminated water generated in the facility other than domestic wastewater shall be directed to sumps for use within the process. No discharge of contaminated water shall occur unless specifically allowed by the issuance of a wastewater permit.

(c) For facilities which process household garbage, the receiving area and the composting area must be covered with a roof capable of preventing rainfall from directly contacting the waste or compost. Final curing areas are not required to be roofed.

(2) Operational Requirements

(a) The individual(s) responsible for making the decisions critical to the composting process such as turning, wetting, screening, etc., shall have a knowledge of the biological processes at work and the expertise and knowledge capable of operating the facility in compliance with the requirements of this rules.

(b) All waste delivered to the facility must be confined to a designated delivery or receiving area. For facilities which receive household garbage, the waste must be processed within 72 hours or removed and disposed in another appropriate facility.

(c) Access to the facility shall be controlled by a permanent fence and gate or enclosed buildings. All access points shall be secured whenever the facility is not open for business or when no authorized personnel are on site.

(d) Residuals and recyclables shall be stored in a manner to prevent vector intrusion and aesthetic degradation. Appropriate steps shall be taken as necessary to alleviate any problems with flies, mosquitoes, or other vectors. Recyclables shall be removed at least annually; non-recyclable residuals shall be removed at least weekly.

(e) Unless the Permit Board authorizes different operating conditions based upon a sufficient demonstration that such conditions would result in a compost of equal or better quality, the following conditions shall apply:

(1) Where the windrow method of composting is utilized, a temperature of at least 55 °C must be maintained in the windrow for at least three weeks. Aerobic conditions must be maintained during the compost process. The windrow must be turned at least twice weekly during the three-week period.

(2) Where the static aerated pile method of composting is utilized, a temperature of at least 55 °C must be maintained for at least seven days. Aerobic conditions must be maintained during the compost process.

(3) Where the in-vessel method of composting is utilized, a retention time in the vessel must be at least 24 hours with the temperature maintained at 55 °C or higher. A stabilization period of at least seven days must follow the minimum retention period. Temperature in the compost pile must be maintained at least at 55 °C for at least three days during the stabilization period.

(3) Testing and Monitoring

(a) A composite sample of the compost produced shall be taken and analyzed at intervals of every 20,000 tons of compost produced or every three months, whichever comes first. At a minimum, the following tests shall be conducted:

Parameter Moisture	Units to be Expressed %
Total Nitrogen (as N)	% dry weight
Ammonia Nitrogen (as N)	% dry weight
Nitrate Nitrogen (as N)	% dry weight
Total Phosphorous	% dry weight
Total Potassium	% dry weight
Organic Matter	% dry weight
Reduction in Organic Matter	%
pH	standard units
Arsenic, Total	mg/kg dry weight
Arsenic, TCLP	ppm
Barium, Total	mg/kg dry weight
Barium, TCLP	ppm
Cadmium, Total	mg/kg dry weight
Cadmium, TCLP	ppm
Chromium, Total	mg/kg dry weight
Chromium, TCLP	ppm
Copper, Total	mg/kg dry weight
Lead, Total	mg/kg dry weight
Lead, TCLP	ppm
Mercury, Total	mg/kg dry weight
Mercury, TCLP	ppm
Nickel, Total	mg/kg dry weight
Selenium, Total	mg/kg dry weight
Selenium, TCLP	ppm
Silver, Total	mg/kg dry weight
Silver, TCLP	ppm
Zinc, Total	mg/kg dryweight

(b) In addition to the test parameters required in paragraph C.3.a of this rule where sewage sludge, animal manures and wastes or other similar wastes are composted, a fecal coliform count shall be conducted before and after composting.

(c) The Permit Board may require additional or fewer test parameters or may increase or decrease the frequency of analysis based upon the quantity or characteristics of the waste, the location of the facility, or other factors which the Permit Board deems relevant.

(d) Composite samples of the compost taken pursuant to this section shall consist of at least five individual samples of equal volume taken from separate areas along the side of each pile of compost. Each sampling point shall be at a depth of two feet into the pile from the outside surface.

(e) Analytical methods for all tests shall be approved by the U.S. Environmental Protection Agency or the Department.

(f) The Permit Board may require other monitoring activities such as groundwater and/or surface water monitoring.

(g) The reduction in organic matter required pursuant to paragraph D.1.b of this rule shall be determined by comparing the organic matter content of the feedstock and the organic matter content of the compost product, using the following calculation:

Click Here To View Image

where % ROM = reduction in organic matter

OMF = % organic matter of the feedstock (before decomposition)

OMP = % organic matter of the compost product (after decomposition)

(4) Recordkeeping and Reporting.

(a) Records shall be maintained at the facility of the quantity of incoming waste, residuals and recyclables, and the quantity and quality of compost produced.

(b) Records of analytical testing and monitoring shall be maintained for a period of at least five (5) years, including:

(1) the date of measurement and the person measuring the quantity of incoming waste, residuals, recyclables, and compost produced, and the results thereof;

(2) the dates all analyses were performed;

(3) the person or contract lab who performed all analyses;

(4) the analytical techniques or methods used; and

(5) the results of all analyses.

(c) Records shall be available for inspection by Department personnel during normal business hours and shall be sent to the Department upon request.

(d) An annual report shall be submitted to the Department on or before February 28th of the following calendar year, which includes the following information:

(1) the facility name, address, and permit number;

(2) the total quantity in weight or volume of waste received at the facility;

(3) the total quantity in weight or volume of all residuals and recyclables separated from the waste or compost, and a description of how these materials were disposed or managed;

(4) the total quantity in tons (dry weight) or volume of waste processed for composting at the facility;

(5) the total quantity in tons (dry weight) or volume of compost produced at the facility;

(6) the total quantity in tons (dry weight) or volume of compost removed from the facility, and a description of how the compost was distributed, used, or disposed; and

(7) the remaining capacity for storage of compost at the facility based upon the amount of compost on site at the beginning of the year, the amount of compost produced, and the amount removed during the year.

D. Classification of Compost

(1) Compost shall be classified based upon the type of waste processed, product maturity, particle size, moisture content, and chemical quality.

(a) Types of waste processed shall include the following:

(1) yard waste or rubbish only;

(2) sewage sludge;

(3) animal manures and wastes,

(4) household garbage, or other solid waste.

(5) some combination of the above wastes

(b) Product maturity.

(1) 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 in organic matter of greater than 60%.

(2) Semi-mature compost is compost material that is at the mesophilic stage. It may 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 in organic matter of greater than or equal to 40% but less than or equal to 60%.

(3) Fresh compost is compost material that has not completed the thermophilic stage and has undergone only partial decomposition. The material will reheat upon standing to greater than 20°C above ambient temperature. The material is usually similar in texture and color to the feedstock of the composting process. This level of maturity is indicated by a reduction in organic matter of greater than or equal to 20% but less than or equal to 40%.

(1) Fine compost is compost that will pass a 10mm screen.

(2) Coarse compost is compost that will not pass a 10mm screen, but will pass a 25mm screen.

(3) Material, which will not pass a 25mm screen, shall be considered as residuals and not compost. It may be placed back into the compost process for additional reduction in size and decomposition.

(d) Moisture content.

Any finished compost which is not mature shall have a moisture content no higher than 60% at the time it is released from the facility for distribution or use.

(e) Chemical Quality.

The chemical quality of the compost shall be determined by the toxicity characteristics leaching procedure (TCLP) for the following metals, and shall be defined as either good or poor:

Metal	Good Quality	Poor Quality____
Arsenic	< 0.5 ppm	0.5 -	5.0 ppm
Barium	<10.0 ppm	10.0 -	100 ppm
Cadmium	< 0.1 ppm	0.1 -	1.0 ppm
Chromium	< 0.5 ppm	0.5 -	5.0 ppm
Lead	< 0.5 ppm	0.5 -	5.0 ppm
Mercury	<0.02 ppm	0.02 -	0.2 ppm
Selenium	< 0.1 ppm	0.1 -	1.0 ppm
Silver	< 0.5 ppm	0.5 -	5.0 ppm

(2) Compost shall be classified as follows:

(a) Class I is compost made only from yard waste and/or other rubbish, which is mature or semi-mature, and is fine or coarse. For such compost, the chemical quality is assumed to be good, and no analytical testing is required unless the Department has reason to believe that the quality of the compost may not be good. If the compost is semi-mature, the moisture content must be less than or equal to 60%

(b) Class II is compost made from sewage sludge, or from yard waste/rubbish mixed with sewage sludge, which is mature, fine, and has a good chemical quality.

(c) Class III is compost made from household garbage or any other solid wastes with similar properties or characteristics, which is mature, fine, and has a good chemical quality.

(d) Class IV is compost made from household garbage or any other solid wastes with similar properties or characteristics, which is mature or semi-mature, and is fine or coarse, and has a good chemical quality. If the compost is semi-mature, the moisture content must be less than or equal to 60%.

(e) Class V is compost made from any solid waste which is fresh, or which has a poor chemical quality.

E. Compost distribution and use.

(1) Compost classified as Class I or II shall have unrestricted distribution.

(2) Compost classified as Class III or IV shall be restricted to use by commercial, agricultural, institutional, or governmental operations. However, if it is used where contact with the general public is likely, such as in a park, only Class III compost may be used.

(3) Compost classified as Class V shall only be used as landfill cover, with the specific approval of the Department.

(4) Compost, which cannot be processed to meet the definition of one of the five classifications in Part D.2 of this rule, must be disposed in a facility approved by the Department.

(5) A release form shall be provided to every person who receives for distribution or use compost classified as Class II, III, or IV, which contains, at a minimum, the following information:

(a) the name of the person to whom the compost is released, and the date released;

(b) the classification and quantity of compost released;

(d) the amount of total cadmium, copper, nickel, lead and zinc present in the compost, expressed in pounds per dry ton of compost;

(e) the maximum allowable compost application rate (MACAR), in tons per acre, based upon the concentration of total cadmium, copper, nickel, lead and zinc, as computed and restricted in paragraph E.6 of this rule;

(f) a statement that any application of the compost in excess of the maximum allowable compost application rate as shown on this form is a violation of the laws of the State of Mississippi;

(g) if the compost is classified as Class IV, a statement that the compost shall not be applied where contact with the general public is likely, such as in a park.

(h) the signature of a representative of the compost facility and the person to whom the compost is released.

If the person listed in paragraph E.5.a of this rule indicates in the release form that he/she will not distribute or use the compost within the State of Mississippi, or, if the compost will only be used for landfill cover, the information in paragraph E.5.d, E.5.e, or E.5.f of this rule are not required to be provided.

(6) The maximum allowable compost application rate (MACAR) shall be computed according to the following equation:

{MACAR}M = {MAMAR}M

{CONC}M X 10-6 X 2000

where {MACAR}M = maximum allowable compost application rate, in tons/ac/yr, based upon the specific metals listed in paragraph E.7.a of this rule.

[MAMAR}M =maximum allowable metal application rate, in lbs/ac/yr., for each of the metals listed in paragraph E.7.a of this rule.

{CONC}M = the total metal concentration, in mg/kg dry weight, for each of the metals listed in paragraph E.7.a of this rule.

After computing the MACAR for each of the metals listed in paragraph E.7.a. of this rule, the lowest value computed shall be the MACAR to be provided in the release form pursuant to paragraphE.5 of this rule.

(7)

(a) Except as provided in paragraphs E.7.b and E.7.e of this rule, no person who applies or uses compost on land within the State of Mississippi, other than for landfill cover, shall do so in a manner that exceeds the following maximum allowable metal application rates (MAMAR's):

Metal	MAMAR (lbs/ac/yr)
Cadmium	0.45
Copper	11.1
Lead	44.5
Nickel	11.1
Zinc	22.2

(b) For applications where repeated use of the compost is not expected, such as land reclamation or as a soil amendment on highway right-of-ways, request for higher application rates may be made to the Department. Such request must be made in writing to the Department, stating the site upon which the compost will be used. The request must be approved in writing by the Department.

In no case will the Department allow an application rate of more than 10 times the MAMAR's listed in this part, except as provided in paragraph E.7.c of this rule.

(c) If a person wishing to apply compost to the soil can demonstrate through an analysis of the soil cation exchange capacity and other physical or chemical characteristics of the soil that a higher MAMAR will provide an equal degree of protection to the environment, the Department may approve such application rates.

Miss. Code Ann. §§ 17-17-1, et seq., 17-17-201, et seq., 17-17-501, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, et seq. and 49-17-1, et seq.

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