Current through all regulations passed and filed through December 16, 2024
(A) Compost product distribution.
The compost product distribution requirements of this
rule shall not apply to the owner or operator of a class III composting
facility provided that all compost produced is utilized exclusively on property
owned by the owner of the facility.
(1)
An owner or operator shall only distribute compost that has been sampled in
accordance with rule
3745-560-325 of the
Administrative Code and meets the compost quality standards of rule
3745-560-330 of the
Administrative Code.
(2) Compost
that meets the applicable quality standards may be distributed as compost
product for use in accordance with accepted agricultural, silvicultural, or
horticultural practices.
(3)
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.
(4) 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.
(5) Any compost product may be blended with
other compost products prior to distribution.
(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
3745-560-325 and
3745-560-330 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
3745-560-330 of the
Administrative Code.
(3) An
explanation as to why the compost is unable to meet the quality standards
specified in rule
3745-560-330 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 proposed land application or
alternative use does not cause or threaten to cause an adverse
impact
to public health,
safety, or the environment.
(2) The proposed land application or
alternative use is in accordance with accepted agricultural, silvicultural, or
horticultural practices.
