Current through Register Vol. 38, No. 18, March 15, 2024
(a) The provisions of this Rule shall apply
to the following facilities:
(1) facilities
that produce compost or mulch from yard waste or from residues from
agricultural products and processing;
(2) vermicomposting facilities;
(3) anaerobic digestion facilities;
and
(4) compost facilities that
compost solid waste or co-compost solid waste with sludges that are not
classified as a solid waste functioning as a nutrient source.
(b) Facilities that co-compost
with sewage sludge shall comply with all applicable federal regulations
regarding sludge management in
40 CFR
503, which is incorporated by reference
including subsequent amendments and editions. Copies of the Code of Federal
Regulations may be obtained from the U.S. Government Publishing Office website
at www.gpo.gov at no cost.
(c) The provisions of this Section shall not
apply to compost facilities that compost only wastewater treatment sludge with
solid waste functioning only as a bulking agent.
(d) Solid waste compost produced outside the
State of North Carolina and imported into the state shall comply with the
requirements specified in Rule .1407 of this Section.
(e) Solid waste compost facilities shall be
classified based on the types and amounts of materials to be composted as
follows:
(1) Type 1 facilities may receive
yard and garden waste, silvicultural waste, and untreated and unpainted wood
waste.
(2) Type 2 facilities may
receive pre-consumer meat-free food processing waste, vegetative agricultural
waste, source separated paper, and other source separated specialty wastes that
are low in pathogens and physical contaminants. Waste acceptable for a Type 1
facility may be composted at a Type 2 facility.
(3) Type 3 facilities may receive manures and
other agricultural waste, meat, post-consumer source-separated food wastes, and
other source-separated specialty wastes that are low in physical contaminants
but may have high levels of pathogens. Waste acceptable for a Type 1 or 2
facility may be composted at a Type 3 facility.
(4) Type 4 facilities may receive industrial
solid waste, non-solid waste sludges functioning as a nutrient source or other
similar compostable organic wastes, or any combination thereof. Waste
acceptable for a Type 1, 2, or 3 facility may be composted at a Type 4
facility.
(5) In determining
whether a specific waste stream listed in Subparagraphs (1) through (4) of this
Paragraph is acceptable for composting, the Division shall consider the method
of handling the waste prior to delivery to the facility as well as the physical
characteristics of the waste. Testing for pathogens and physical contaminants
shall be required if a determination cannot be made based upon prior knowledge
of the waste. Test methods and constituents tested shall comply with Rule
.1407(b)(2), (b)(3), (b)(5), and (b)(6) of this Section.
(6) Small facilities.
(A) Small Type 1 facilities shall have an
operations area less than two acres in size and shall be limited to no more
than 6,000 cubic yards material onsite at any given time, including finished
product.
(B) Small Type 2, 3, and 4
facilities shall have an operations area less than two acres in size and shall
be limited to no more than 1,000 cubic yards material onsite at any given
time.
(7) Large
facilities.
(A) Large Type 1 facilities shall
have an operations area of two or more acres in size or have more than 6,000
cubic yards material onsite at any given time.
(B) Large Type 2, 3, and 4 facilities shall
have an operations area of two or more acres in size or have more than 1,000
cubic yards material onsite at any given time.
(f) The following operations shall be exempt
from the requirements of this Section:
(1)
backyard composting;
(2) farming
operations and silvicultural operations if the compost is produced from
materials grown on the owner's land and re-used on the owner's land or
associated farming operations and not offered to the public; and
(3) persons receiving no more than 30 cubic
yards of leaves from an offsite source on an annual basis.
(g) The following operations shall be exempt
from the permitting requirements in Rule .1401 of this Section:
(1) Small Type 1 Facilities meeting the
following conditions:
(A) notification to the
Division prior to operation and on an annual basis as to:
(i) the facility location;
(ii) the name(s) and contact information of
the owner and operator;
(iii) type
and amount of wastes received;
(iv)
the composting process to be used;
(v) the intended distribution of the finished
product; and
(vi) for new
facilities only, a letter from the unit of government having zoning
jurisdiction over the site that states that the proposed use is allowed within
the existing zoning, if any, and that any necessary zoning approval or permit
has been obtained;
(B)
the facility operates in accordance with the operational requirements as set
forth in Rule .1406(1) through (11) and (16) of this Section and the setbacks
in Rule .1404(a)(1) through (a)(10) of this Section;
(C) the facility operates in accordance with
all other state or local laws, ordinances, rules, regulations or
orders;
(D) the facility shall not
be located over a closed-out disposal site; and
(E) safety measures shall be taken to prevent
fires and access to fire equipment or fire-fighting services shall be
provided.
(2) Compost
facilities meeting the following conditions:
(A) the site receives for composting pre- and
post-consumer food waste, manure, vegetative agricultural waste, yard and
garden waste, land-clearing debris, untreated and unpainted wood waste, or
source separated paper;
(B)
material onsite, not including finished compost, shall not exceed 100 cubic
yards at any time;
(C) the
operations area shall be less than 1.0 acres total;
(D) the site operates in accordance with
operational requirements as set forth in Rule .1406 of this Section and the
setbacks in Rule .1404(a)(1) through (a)(10) of this Section, except that the
buffer between property line and operations area shall be at least 50 feet and
the buffer between the operations area and residences or dwellings not owned
and occupied by the operator shall be at least 200 feet;
(E) the site is operated to prevent the
release of particulates and odors outside of the property boundary, and the
site does not attract vectors such as insects and rodents;
(F) for facilities producing compost that is
distributed to the public or used in public areas, compost produced from the
facility shall meet the pathogen testing and record keeping requirements per
Rule .1407(b) and Rule .1408(a) of this Section; and
(G) the site operates in accordance with all
applicable State or local laws, ordinances, rules, regulations, or
orders.
Authority
G.S.
130A-294;
130A-309.03;
130A-309.11;
130A-309.29;
Eff.
December 1, 1991;
Amended Eff. May 1, 1996;
Readopted
Eff. November 1, 2019.