Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.50 - SOLID WASTE MANAGEMENT
Subchapter 17.50.17 - Compost License and Operation Standards
Rule 17.50.1703 - GENERAL LICENSE REQUIREMENTS FOR COMPOST FACILITIES

Universal Citation: MT Admin Rules 17.50.1703

Current through Register Vol. 6, March 22, 2024

(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.

AUTH: 75-10-204, MCA; IMP: 75-10-204, MCA

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