Current through all regulations passed and filed through December 16, 2024
(A) Compost product distribution.
(1) Compost produced from mixed solid waste
shall be disposed at a licensed sanitary landfill facility or may be used at a
licensed sanitary landfill facility where the operator has obtained
authorization for use of such compost in accordance with Chapter 3745-27 of the
Administrative Code.
(2) Except as
provided in paragraph (A)(1) of this rule, an owner or operator shall only
distribute compost that has been sampled in accordance with rule
3745-560-125 of the
Administrative Code and meets the compost quality standards of rule
3745-560-130 of the
Administrative Code.
(3) Compost
that meets the applicable quality standards of rule
3745-560-130 of the
Administrative Code may be distributed as compost product for use in accordance
with accepted agricultural, silvicultural, or horticultural
practices.
(4) Compost that does
not meet the quality standards shall be reintroduced into the composting
process, taken to another appropriate class of composting facility for further
composting, disposed in a licensed solid waste disposal facility, or
distributed for an alternative use after approval by the director in accordance
with this rule.
(5) If compost
product is mixed with any amount
of additional feedstocks, bulking agents, additives, or other untested compost,
then the compost
product is considered to be cross-contaminated
and no longer a product. The compost shall be
re-sampled and re-tested prior to distribution.
[Comment: Compost containing mixed solid waste may only be
distributed in accordance with paragraph (A)(1) of this rule.]
(B) Product information
and availability of test results.
(1) Compost
product that is distributed in packaged form shall be conspicuously labeled
with product information. Product information shall be available in written
form for compost product distributed without
packaging. At a minimum, product information shall contain the following
information:
(a) Name and address of the
composting facility.
(b) Any
feedstocks, bulking agents, and additives used.
(c) Recommended uses for the compost
product.
(d) Any owner or operator
recommended restrictions on the use of the compost product.
(2) Upon request, the owner or
operator shall provide the customer a summary of results from testing required
in accordance with this rule.
(C) Request for approval for land application
or alternative use of compost that does not meet applicable standards for
compost product. The owner or operator whose compost has been sampled and
tested in accordance with rules
3745-560-125 and
3745-560-130 of the
Administrative Code and exceeds any of the applicable concentration limits may
submit a written request for approval for land application or alternative use
of the compost. At a minimum, a request for approval for land application or
alternative use shall include the following information:
(1) Total quantity of compost and a detailed
list of all feedstocks, bulking agents, and additives utilized to produce the
compost.
(2) A copy of the test
results of the compost required in accordance with rule
3745-560-130 of the
Administrative Code.
(3) An
explanation as to why the compost is unable to meet the quality standards
specified in rule
3745-560-130 of the
Administrative Code.
(4) A detailed
description of the proposed alternative use, if not requesting land
application.
(5) A detailed
narrative of how the requested alternative use will not adversely affect the
public health or safety or the environment.
(6) A copy of test results for soil from the
proposed location of land application. The soil tests shall include the same
parameters for the standards exceeded by the compost.
(7) The location of proposed land
application, total acreage to be utilized, and proposed application rate
including justification of specific application rates, safe uses, and any
applicable restrictions.
(8) Any
other information deemed necessary by the director.
(D) Criteria for approval of a request for
land application or alternative use of compost that does not meet applicable
standards for compost product. The director may approve and condition a request
for land application or alternative use of compost that does not meet
applicable quality standards if the director determines the following:
(1) The compost was not produced from mixed
solid waste feedstock.
(2) The
proposed land application or alternative use does not cause or threaten to
cause an adverse effect to the public health or safety or the
environment.
(3) The proposed land
application or alternative use is in accordance with accepted agricultural,
silvicultural, or horticultural practices.
